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1997-03-04BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING MARCH 4, 1997 A regular meeting of the Beverly Conservation Commission was held on March 4, 1997 at 7:00 p.m., third floor Council Chambers, City hall, 191 Cabot Street. Those Present were: Chairman David Lang, Tony Paluzzi, Patricia Grimes, Jon Mazuy, Jay Donnelly, Dr. Mayo Johnson. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. The meeting was called to order by Chairman Lang at 7:00 p.m. Request for Determination of Applicabilities: a. Continuation: Lakeshore Avenue & Bonad Road/delineation determination/S~mes Chairman Lang reads a letter written by Elizabeth Wallace on behalf of Symes requesting an extension of time. (On File). There being no further questions or comments regarding this matter a motion was made by Pat Grimes to continue the Request for Determination of Applicability to the Commission's April 29, 1997 meeting, seconded by Tony Paluzzi. All in favor, motion carries 4-1 with Jon Mazuy abstaining. New: Beverly Commerce Center/replacement of concrete planks on a drainaqe channel / B.C.C., Inc. Bruce 0veson from Cummings Properties addressed the Commission and stated that they want to replace existing deteriorating concrete buttresses with new concrete planks to prevent the structure from collapsing and that they would continue the paving along the canal area which is already paved but is deteriorating. Mr. Oveson explained that the existing structure is 50-60 years old. Mr. Oveson stated that this will be a clean and simple process and explained that they would be craning in the new planks and reinforcing the canal, and that no work will be done within the canal. Dr. Johnson asked if they would be pulling anything out of the canal. Mr. Oveson responded no. Jon Mazuy asked if the polls will be pulled out and replaced one at a time. Mr. Oveson stated yes. Jon Mazuy asked if water from the roadway would get into the canal once the operation is finished. Mr. Oveson explained that the water will drain into the canal or into other points on the site. Jon Mazuy asked if the area was already equipped with storm drainage. Mr. Oveson responded yes. Jay Donnelly asked with respect to the hydraulic design of the channel, what catchment area is it designed to drain. Mr. Oveson stated that it is large. Jay Donnelly asked what year storm did this cross section carry. Mr. Oveson stated last October, the channel was not full and that was a record rain storm. Jay Donnelly asked if they would be cleaning the debris and sediment from within the channel and asked what methods are used to remove the debris. Mr. Oveson responded yes and explained that they will remove debris such as locks, tires, softballs with a net and if they remove silt and sand they will use a pumping system. Jay Donnelly asked if they would test the material pulled out from the channel before they are removed from the site. Mr. Oveson stated yes, they test everything. There being no further questions or comments regarding this matter a motion was made by Tony Paluzzi to issue a Negative Determination, seconded by Jay Donnelly and approved unanimously. c. New: Cross Lane/sewer line installation/Cove Realty Trust Adel Furellio of Wetlands Preservation, Inc. addressed the Commission and explained the proposed installation of a sewer line along Cross Lane stating that the purpose for the sewer line will be for the Birch Woods Drive subdivision that is in process. Ms. Furellio explains that they will connect the sewer line with the existing sewer line and that the work will be done within the roadway. Ms. Furellio identifies for the Commission the wetlands area and the buffer zone on the plan explaining that they will put hay bales on both sides of the street, from buffer zone to buffer zone to insure that no excavated materials erode into wetlands or abutting property. Jan Mazuy asked how long the operation is expected to go on. Ms. Furellio stated that she didn't know how fast sewer lines could be installed. Jan Mazuy asked when the work on the subdivision is expected to start. Ms. Furellio explained that many o£ the sites have approval but didn't know when they were actually going to begin construction of the subdivision. 2 Dr. Johnson stated that there is a lot of ledge 10' below the grade level and asked if any blasting would be going on. Ms. Furellio stated that some blasting will be required on a couple of locations. Jay Donnelly questioned how they intended to excavate the material with the roadway being so narrow and asked how the excavated material will be stored so there won't be any erosion to the wetlands or the vegetated wetlands area. Ms. Furellio stated that no material will be stored on the sidewalks, that she wasn't sure of the construction sequence yet, but explained that the roadway won't be torn up all at once, that a little at a time would be done so material shouldn't be left on the site for a long period of time. Jay Donnelly asked if the developer anticipated any dewatering. Ms. Furellio stated that it was possible, that it depends upon where they find the ledge and what the water table is. Mr. John Mahoney, an associate on the project, addressed the Commission regarding their questions and concerns. Mr. Mahoney explained that they will pre-drill the roadway to identify ledge and then come up with a schedule, that either blasting will take place or the use of power tools will be used, that they won't store anything on the site, that they will make arrangements for the excavated material to be put on a dump truck and taken off the site and that if dewatering was to take place they would put a box in that would separate the sand and the silt. Chairman Lang stated that this was a doable project but would want the Commission to have some jurisdiction over it and suggested that the Commission put the project under a Notice of Intent. Jon Mazuy asked if they would be laying the pipe in the dry weather. Mr. Mahoney stated yes. Pat Grimes stated that she agrees with the Chairman and would be more comfortable placing the project under a Notice of Intent filing. Dr. Johnson asked if there would be a problem with the disposing of water, that he wasn't aware of any drainage system. Ms. Furellio explained that there are some catch basins in this area and identified them on the plan. Renee Mary of 274 Hale Street addressed the Commission and stated that the neighbors hired their own private consultant, that the sewerage change is not a minor modification and asked how will this project affect the water table and asked how much will'they be blasting. Mr. Mahoney explained that they will drop the water in an area, then place the pipes and that the blasting will extend for approximately 1,000 feet. 3 There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Positive Determination, seconded by Pat Grimes and approved unanimously. d., e. & f. New: Birch Woods construction/Cove Realty Trust and New: construction/Cove Realty Trust Drive-Lot 6 & 7/house S~ruce Run-Lot 2/house Adel Furellio of Wetlands Preservation, Inc. addressed the Commission and reviewed the lots on the plan. Ms. Furellio explained that Lot #6 has no wetlands or 100' buffer zone associated with it, that Lot #7 will have erosion control, that there will be no grading or construction of this house done within the 100' buffer zone and on Lot #2 the house and the grading will be done outside the buffer zone and that most of the work to be done within the 100' buffer zone has already been approved. Jay Donnelly asked if there are any plans to save trees in certain areas of these lots. Ms. Furellio explained that some spruce trees will be removed for the detention pond and that some will remain and will be a good buffer for the residents. Ms. Furellio stated that the plan is to protect Lot #7, that it will remain vegetated as it is today. Jay Donnelly asked if the Planning Board stipulated any conditions to protect the trees. Ms. Furellio stated not to her knowledge. Chairman Lang asked if there would be any blasting on Lot #7. Ms. Furellio stated she really didn't know explaining that the roadway and utilities are part of the build-out of the subdivision. Chairman Lang asked if any material would be removed within the 100' buffer line. Ms. Furellio stated no. Renee Mary of 274 Hale Street asked how much blasting would take place on Lots #6 & 7 and asked if the water table and the brook would be affected. Ms. Furellio stated that she didn't know how much blasting would take place and that the water table and the brook would not be affected and explained that the brook was quite a distance from the subdivision. Renee Mary asked if the direct abutters have been notified regarding blasting. Ms. Furellio stated that it was the Fire Department's requirement to notify the abutters of any blasting. Renee Mary asked what the proposed roadway layout for Lot 6 & 7 would be and asked how will the City determine the depth of the water table, and stated that the City should hire a specialist to consult the water table issue. Chairman Lang explained to Ms. Mary that in his experience blasting did not affect the water table. 4 There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the Request for Determination Of Applicability pending an individual site walk, seconded by Dr. Johnson. All in favor, motion carries 4-1 with Jon Mazuy abstaining. A motion was made by Tony holding public hearings, unanimously. Paluzzi to recess for the purpose of seconded by Pat Grimes and approved Public Hearinqs Notice of Intents: Continuation of Public Hearinq: 4 Margin Street/construction riD- rap slope/Pelletier Chairman Lang recused himself from discussion of this matter, Tony Paluzzi chairs the meeting. Mr. Phil Pelletier of North Shore Marine addressed the Commission and explained that his client wants to construct a rip-rap slope on the Bass River and repair the pier, gangway and plank because they are in a state of disrepair. Tony Paluzzi stated that he went down to the Bass River and agrees that it is in a state of disrepair. Dr. Johnson asked if the DEP was after the other lot owner to do repairs. Mr. Pelletier explained that the lot is in the process of being sold and that the new owner is very interested in repairing the pier. Tony Paluzzi asked how the property would be stabilized. Mr. Pelletier stated that the bank right now has asphalt and explained that rocks are to be put on top of the bank and that the rock will meet the asphalt so it abuts the existing asphalt. Debbie Hurlburt asked if any vegetation would exist between the rip rap and the asphalt. Mr. Pelletier responded no. Jay Donnelly asked if they would be working Pelletier stated that they will work with the be any more disturbance than need be. at low tide. Mr. tide so there won't There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing, seconded by Pat Grimes and approved unanimously. Chairman Lang joins the meeting at this time. Continuation of Public Hearinq: manaqement/MAC L.P. Henderson Road/veqetation Ms. Diane Mos, of Baystate Environmental addressed the Commission and stated that she was available to answer any questions or concerns the Commission may have regarding the airport vegetation management plan. Tony Paluzzi asked what the time table for this project was. Ms. Mos stated that they will be continuing with the bidding process in the next several months, then the process for removal of vegetation will depend on the weather, explaining that the initial clean up should take two months. Ms. Mos explained that the project is phased for one side of the road to be done in the first year and the other side of the road to be done in the second year. She also stated that it depends upon funding from the FDA and Mass Aeronautic. Chairman Lang stated that the Commission has concerns with respect to the type of equipment that will be used, that the condition of the land will have to be just right and asked what assurance canbe given to the Commission regarding the protection of this land. Ms. Mos stated that there are limited project provisions for treatment of airports and that the airport has specific conditions that state the conditions need to be significantly dry. Pat Grimes asked how many square feet does this whole project consist of. Ms. Mos stated 30-60 total acres. Chairman Lang questioned the overlay district and asked if there is a ban for the use of pesticides. Ms. Mos stated that there is only one restriction to the project and explained that the 400 feet of public water/drinking supply isn't prohibited from use of pesticides, but storage of the pesticides needs to be in a covered area. Chairman Lang stated that the Commission is concerned with the transport of herbicides. Ms. Mos explained that the use of herbicides is very low, and very limited. Debbie Hurlburt asked if access to the site on the northeast portion was needed for clearing purposes. Ms. Mos explained that access will be gained from different portions of the airport. Pat Grimes asked what kind of replacement will be put down in order to restore it to a wetland. Ms. Mos explained that they will not be destroying the wetlands, that they are just changing the type of wetlands that will grow there so they won't have to come back in ten years and do this process again. Pat Grimes asked if Ms. Mos could go over the area in Beverly that will be cleared out and replanted. Ms. Mos stated that there will 6 be no replanting, that they will be cutting off the tops of the trees, chipping or mowing what falls off and explained that the underlie will not change, but will encourage the growth of other species. Jon Mazuy asked if they would be shredding the fallen tops of the trees in the wetlands. Ms. Mos stated no and explained that they generally take the debris out and chop elsewhere. Pat Grimes asked if clear cutting would occur in any areas. Ms. Mos responded no and stated that mowing is another option. Chairman Lang asked if the trees dropped in the red maple swamp would be dragged out. Ms. Mos stated that it depends upon the area, but yes in some instances trees will be removed. Mr. Richard Doucette of Baystate Environmental addressed the Commission and explained how the process of clearing will take place and explained the areas where trees might be mowed. Mr. Doucette stated that the work will be done either in the Winter or Summer, that they want to minimize the impact. Jay Donnelly stated that the use of herbicides on the foliage of the trees to keep them from sprouting again bothers him, and asked if they could give a guarantee that it won't effect the water supply. Mr. Doucette explained that specific herbicides are approved for use in wetlands, that the herbicide bonds tightly to the soil and that it has a short life. Mr. Doucette stated that they have contacted Tom Knowlton of the Beverly-Salem Water Supply Board to get advice as well as the DEP to make sure that they are in compliance with their methods. Mr. Deucette stated that there has been no comment back regarding this notice. Pat Grimes asked if there would be a spill containage. stated yes. Ms. Mos Tony Paluzzi asked what form the herbicide would be in. Ms. Mos explained that the liquid will be in a low backpack sprayer. Chairman Lang asked if those applying the herbicide will wear ~ respirator or something else. Ms. Mos stated that they will take some precautionary measure if need be. Chairman Lang stated that the Commission is concerned with run-off. Ms. Mos explained that they would not keep the spray on the plant long enough for the herbicide to run-off and stated that they would not apply the herbicide on a windy or rainy day. Ms. Mos explained that this vegetated management procedure will be done every five years. Pat Grimes asked what is meant by the term "drop and mow". Mr. Doucette explained that it meant that they would cut the tree and 7 let the tops of the trees drop and then mow the chopped off portion of the tree with a track mounting machine. Pat Grimes asked if they looked at other options. Mr. Doucette stated that all options were looked at and that this process does not have a high impact. Debbie Hurlburt asked if drainage calculations have to be provided. Mr. Doucette stated that it isn't in the regulations. Debbie Hurlburt asked if 401 or 404 permits are requireU. Doucette stated that he was not sure yet. Mr. Renee Mary of 274 Hale Street asked if the underlying vegetatien didn't take over what will be provided in place of it. Mr. Doucette stated that there will be growth. Renee Mary stated that they would be taking away from the habitat. Ms. Mos explained that certain trees will remain for the habitat and stated in general there will be an increase to the habitat. Renee Mary asked if the wildlife would be affected from the use of the pesticide. Ms. Mos explained that the active ingredient in the herbicide works on plants and only involves the habitat of the plant. Ms. Mos explained that herbicide application is very localized, that they would be using a low volume and low pressure sprayer to prevent the ~egrowth of red maples and that they would be spraying stump by stump. Ms. Mos stated that it is safe for public health. Jon Mazuy asked if they would be spraying the stump and the soil around the stump. Mr. Doucette explained that they would not be physically spraying the stump, but the leaves. Mr. Doucette stated that the spray doesn't do any good on the ground. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing, seconded by Tony Paluzzi and approved unanimously. Continuation of Public Hearinq: Access Road/house construction & roadwav/Carnevale Chairman Lang reads a letter from Attorney Thomas Alexander requesting an extension of time. (On File) There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the public hearing on Access Road until the Commission's next n~eting scheduled for March 18, 1997, seconded by Pat Grimes. All in favor, motion carries 4-1 with Jon Mazuy abstaining. 8 Continuation of Public Hearinq: construction/Carnevale Sunday Drive-Lot I/house Debbie Hurlburt explains that there is no continuation but is under the assumption seeking one. letter requesting a that the applicant is There being no further questions or comments regarding this matter, a motion was made by Pat Grimes to continue the public hearing on Sunday Drive until the Commission's next meeting scheduled for March 18, 1997, seconded by Jon Mazuy and approved unanimously. New Public Hearinq: Preston Place/house construction/Townsend Elizabeth Wallace of Hayes Engineering addressed the Commission and explained that this project is off Preston Place and consists of a 1.6 acre lot. Ms. Wallace stated that the proposal is for the construction of a four bedroom single family house and explained that there will be some grading within the septic system area and driveway. Ms. Wallace stated that there is a proposed hay bale line to separate the work from the wetland area and that the wetland is a red maple swamp. Ms. Wallace explained that there is an existing wood road going through the lot, that the trees in the lot consist of red maple end oak and that they have designed the house to save as many trees as possible. Chairman Lang asked if the wetland area has been flagged. Ms. Wallace responded yes and explained that it was flagged in 1985. Ms. Wallace stated that she agrees with the flagged area and that she added some flagging in accordance with current standards. Ms. Wallace noted that there is an area of standing water that exists beyond the site. Chairman Lang asked what was the purpose of the 1985 flagging. Ms. Wallace explained that there was a previous proposal for construction of a house, but that the house was never built and that the lot is vacant. Tony Paluzzi asked if there will be grading for the installation of the septic system. Ms. Wallace responded yes. Dr. Johnson stated that he would like to go out and look at the area. Tony Paluzzi asked why the line of hay bales were not continued along the road. Ms. Wallace explained that there is ~requent travel of this road for walking purposes. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the public hearing on 9 Preston Place pending individual site walks, seconded by Pat Grimes and approved unanimously. Tuck Point Marin__a Debbie Hurlburt addressed the Commission and stated that Mr. Warren Sawyer from Tuck Point Marina was present tonight to explain to the Commission the reason for the request for an extension of time. Mr. Warren Sawyer of Tuck Point Marina addressed the Commission and shows the members the original plan and explained what is in the water at this point. Mr. Sawyer explained that the original proposal was for 78 slip and that it has been reduced to 53 slips. Mr. Sawyer explained that they try to buy slips from people who don't want them and reinstall them in Tuck Point Marina. Mr. Sawyer stated that it is a longer process than expected. Jon Mazuy steps down from further discussion of this matter. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to grant a one year extension of time, seconded by Tony Paluzzi. Motion carries 4-0. Order of Condition__s L.P. Henderson Road/vegetation manaqement/MAC Jay Donnelly discusses the use of herbicides and proposes that one condition be that no herbicides be used on the project because of the close proximity of the Beverly Water Supply, for public safety reasons. Dr. Johnson states that he agrees with Jay Donnelly's comments, that it is to close to reservoir. Members issued several conditions. (see attached)- A motion was made by Tony Paluzzi to approve the Order of Condition, seconded by Jon Mazuy and approved unanimously. 4 Marqin Street/construction rip-rap slope/Pelletier Chairman Lang recused himself from discussion of this matter. A motion was made by Dr. Johnson to issue standard and coastal conditions and that the placement of rip rap at the toe of the slope shall occur at low tide, that the rip rap shall be wrapped around to connect at Innocenti Park's sea wall, and that all wood, asphalt and metal be removed from the site, seconded by Jay Donnelly. Motion carries 5-0. 10 Old/New Business MoVnihan Lumber Jay Donnelty suggested that the Commission send a letter to Moynihan Lumber asking him to respond to the letter and let the Commission know in a detailed plan, what they intend to do to restore the slope to stop further erosion of the bank. Open Space Committee Jay Donnelly suggests that the Commission take up Dave Gardner's offer to present the open space plan to the Conservation Commission. Approval of Minutes January 7, 1997 & January 28, 1997 A motion was made by Tony Paluzzi to approve the minutes of the January 7, 1997 and January 28, 1997 as drafted, seconded by Jay Donnelly and approved unanimously. Adjournment A motion was made by Dr. Johnson to adjourn the meeting, seconded by Jay Donnelly and approved unanimously. The meeting was adjourned at 9:50 p.m. 11 Vegetation Removal - Beverly Airport DEP File # 5-569 SPECIAL CONDITIONS PAGE ONE 13. 14. 15. 16. 17. 18. 19. There shall occur no change in the existing surface topography or the exisling soil and surface water levels except for temporary access roads, as necessary. The removal of trees shall occur only during those periods when the ground is sufficiently frozen or dry, and must contact the Conservation Administrator within 48 hours for their concurrence with the weather conditions. All activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and weftands as specified by the U.S.D.A. Soil Conservation Services, Field Office Technical Guide of Standard Practices (Section IV), as amended. The placement of slash, branches and limbs resulting from the cutting and removal operations shall not occur within twenty-five (25) feet of any water body. All work shall conform to the following submitted support docmentation and narrative plans, unless othenvise specified in this Order: * Attachment A - Figure 1 - Locus Map * Attachment B - Figure 2 - Soils Map * Attachment C - Figure 3 - Esfunated Habitat Map * Attachment D - Vegetation Management Areas Plan - Sheets 1 of 1 * Attachment E - MADEP Bordering Vegetated ~Vetland Field Data Sheets * Attachment F - FiVmg Fee Information * Attachment G - Spill Conta'mment Plan * Attachment H - Herbicicle Application GuideVines (where applicable) Any change made in the above-described plans, unless specified otherwise in this order, which will alter an area subject to protection under the Wetlands Protection Act, or any changes in activity subject to the regulations under G.L. Ch. 131, s 140, shall require the applicant to inquire from this Commission in writing whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any errors in the plans or information submitted by the applicant shall be considered changes, and the above procedures will be followed. This document shall be included in all construction contracts and subcontracts dealing with the work proposed, and shall supersede any conflicting contract requirements. Vegetation Removal - Beverly Airport DEP File #5-569 SPECIAL CONDITIONS PAGE TWO 20. 21. 22. 23. 24. 25. 26. If any unforeseen problem occurs during consh'uction which affects any of the statutory interests of the Wetlands Protection Act, upon discovery, the Conservation Commission or its agent shall notify the applicant immediately, and an immediate meeting shall be held between the Commission (or its agent), the applicant (or the applicants representative), and other concerned parties to determine the correct measures to be employed. The applicant shall then act to correct the problems using the corrective measures agreed upon. With respect to all conditions, the Conservation Commission designates the Conservation Administrator as its adminisWative agent with full powers to act on its behalf in administering and enforcing this Order. Any order not recorded by the applicant before work commences may be recorded by the Commission at the applieant's expense. Prior to any work on site, the proposed ]imit of work shah be clearly marked with stakes, flags, or plastic construction fences and shall be confirmed by the Conservation Commission. Such markers will be maintained until all construction on the site's perimeter is complete. Workers shall be informed that no construction activity is 1o occur beyond this line at any time. The Conservation Commission and its agents shall have the right to enter and inspect the propeay for compliance with the Order, the Act, and the Wetlands Protection Regulations (310 ClvlR 10.00). Because of unique safety concerns at the airports, the commission hall provide the applicant with appropriate advance notice of an intended inspection within the confines of airport safety and environmental protection so that proper arrangements can be made. This Order shall pertain to the access roadways, their appurtenances, and drainage facilities directly related to approved tree removal activities. Additional construction of roadways or removal of trees in any area subject to the Commission's jurisdiction, shall require the filing of another Notice of Intent and/or Request for Determination or, of appropriate, amendment to this Order following notification of and review by the Commission. The use and storage of herbicides is prohibited within the catchment area of the Beverly/Salem water supply reservoir (Wenhaw. Lake). Vegetation Removal - Beverly Airport DEP File # 5-569 SPECIAL CONDITIONS PAGE THREE 27. 28. 29. 30. 31. 32. 33. The following conditions shall be in effect during the execution of this Order and shall extend beyond the issuance of a Certificate of Compliance, in perpetuity and shall be referenced to in all future deeds to this property: a. There shall be no discharge or spillage of fuel, oil, or other pollutant into any area of statutory interest. b. The applicant, his successors or assigns shall have the continuing responsibility for the maintenance of any waterways and detention areas, bordering vegetated wetlands and land subject to flooding. c. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in or on the banks of any stream/brook, in the bordering vegetated wetlands, or the land subject to flooding. Standard Beverly Conservation Commission conditions A1-2-3-5 B 1 through 5 C1-2-3 D1 through 5 H1-2-4 Silt barriers must be installed No disturb areas shall be taped off to insure no intrusion of said areas. Any. disturbed soils shall be repaired and replanted immediately. Six month reports shall be submitted from the start of the project and following through until the end of the project. An assessment shall be made at the end of the project as to the status of all resource areas. Refueling and/or maintenance of vehicles shall be done in a defined area away from resource areas.