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1996-11-12BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING TDESDAY, NOVEMBER 12, 1996 A regular meeting of the Beverly Conservation Commission was held on Tuesday, November 12, 1996 at 7:00 p.m., 3rd Floor of Beverly City Hall. Those"-present' were:'."Dr. Mayo Johnson,Jon Mazuy, Tony Paluzzi, Richard Beneveto and Jay Donnelly. Also present were Assistant Planning Director Debbie Hurlburt, and Susan Akerman, Secretary to the Commission. Tony Paluzzi chaired the meeting. The meeting was called to order by Chairman Paluzzi at 7:00 p.m. Discussion: Dunham Road/Maestranzi Mr. Maestranzi addressed the Commission and stated that he has hired a botanist, Robert Prokop, who is present tonight to explain his findings and answer any questions. Mr. Maestranzi turned the presentation over to Mr. Prokop. Robert Prokop of Wetland Consulting Services, addressed the Commission regarding the vernal pool and stated that he went out to the site on September 18, 1996 and flagged approximately a three acre area of wetlands and stated that he submitted a plan that shows the boundaries of the wetlands/vegitation area. Robert stated that he did a two week survey of the wetlands area and explained that it was determined that the maximum level the water would reach would be 46,000 cubic feet. Mr. Prokop also stated that based upon his calculations the ponds are to small to hold enough water to be jurisdictional as a resource area and that less than 1/8 of the volume of water appeared. Jon Mazuy asked if the pond was overflowing and where did it go. Mr. Prokop explained that it did overflow and showed the area it flowed to on the map. Jon Mazuy asked Mr. Prokop if he went down into this area. Prokop stated several 100 feet. Mr. Richard Beneveto asked what is the total volume of wetlands. Mr. Prokop stated that the maximum height was 61 validations. Richard Beneveto asked if the ponds ended up flowing into the wetland area. Robert stated no and explained the ponded areas and the limits of the area. Dr. Mayo Johnson asked if Mr. Prokop's position is that this is not a resource area. Robert stated that is correct. Dr. Mayo Johnson asked if the pools could be protected even if not an isolated jurisdiction. Robert explained that that would be up to Mr. Maestranzi. Mr. Maestranzi addressed the Commission at this time and stated that less than 1/8 of water is needed to qualify as an isolated land and asked the Commission to lift the ceast and desist order. Dr. Mayo Johnson stated that he would like to see reference from the State. Mr. Maestranzi gave Mayo Johnson a letter from the ..State.Tegardingcerti. fied.vernal.~ool.e~d. stated thatit .does not- qualify. There being no further questions or comments regarding this matter a motion was made by Jon Mazuy to hire an expert/engineer to check more specifically the findings and determine if this is a validated wetland area, seconded by Mayo Johnson. Motion carries 3-1. Motion made by Jon Mazuy to recess for the purpose of holding Public Hearings, seconded by Mayo Johnson and approved unanimously. Public Hearings Continuation of Public Hearinq - Shortmeadow Road/Parkinq lot/Prime Realtv Trust, II. A motion was made by Richard Beneveto to continue the public hearing subject to notifying Prime Realty Trust that this matter will be acted upon by the next meeting, seconded by Jon Mazuy and approved unanimously. Public Hearing -__4Foster Street/Camp dwelling/Spar & Spindle Girl Scout Council John Hirtle of the Spar and Spindle Girl Scout Council addressed the Commission and stated that Brian McClear and Bill Holt were also present tonight. John ~irtle explained the history of the site and stated that they are interested in being able to proceed with the major renovations/updating to the property. John Hirtle also stated that the wetlands have been flagged. Brian McClear addressed the Commission and explained the renovations/updating that would take place. Richard Beneveto asked what size sewer they are proposing. Brian McClear stated that a 4 foot gravity sewer will be installed. Richard Beneveto asked if any of the work being proposed will take place in the wetlands. Brain McClear stated no. 2 Richard Beneveto asked what is the elevation of the road and if hay bales were at the base of the slope. Bill Holt stated the elevation is 57" and yes, haybales are at the base of the slope. Richard Beneveto asked how do you plan on stabilizing the slope. Bill Holt stated by seeding it. Richard Beneveto questioned where will the excavated material go. Bill Holt explained that they plan to bring it to the back of the site and place haybales around it. Richard Beneveto stated that submitting a construction phasing plan regarding the excavated soils would be helpful. Tony Paluzzi asked when do you plan on raising the building. John Hirtle explained that they would like to put in the new foundation now so construction of the building can take place over the winter and the facility could open next fall. Jon Mazuy stated that he would like to see a plan showing how they intend to pump the water from one location to the other and what type of sedament area it will be pumped into. Bill Holt stated that they would submit a plan. There being no further questions or comments regarding this matter, a motion was made by Richard Beneveto to close the public hearing, seconded by Jon Mazuy and approved unanimously. Public Hearinq - 10 Foster's Point/house addition/Georqette Rimer Scott Thompson addressed the Commission and explained he was here tonight on behalf of his fiance Georgette Rimer, and stated that they are seeking approval from the Commission to contruct an addition to the existing house dwelling and construct a 14x16' wrap around deck with an enclosed porch. Mr. Thompson explained that the property is located within a coastal wetland area and that there is a stone wall existing but he is proposing to place haybales and a silt fence along the wetland area to further protect the area. Mr. Thompson also stated that any excavated materials will be taken off the site. Jay Donnelly asked if there is a 100 foot boundary. Mr. Thompson responded yes and outlines the area on the plan. Richard Beneveto asked if the grass area was between the salt marsh and the lawn. Mr. Thompson explained that the area is flat and that there is natural vegetation there. Tony Paluzzi questioned if the water level by the house would rise to 50' high. Mr. Thompson stated that the water level will get above 50' during a full moon and explained that is why he is 3 proposing to have haybales and a silt fence installed. Mr. Thompson also stated that the area is located within a flood plain. Richard Beneveto asked if the deck was going to have a foundation. Mr. Thompson stated no it will stand on piers. Chairman Paluzzi asked if there was anyone present at the meeting who would like to comment upon this proposal. Richard Connolly, 12 Foster's Point addressed the Commission and stated.he i.s concerned with.the lew .spot that-is ~ocated between his property and the property at 10 Foster's Point and asked how is the construction going to affect this low land area. Mr. Thompson explained that his property is at a lower elevation and that the addition is not going to disturb the water flow and will not go above and spill onto your property. Mr. Thompson explained that the grades are not going to be affected, that it will flood as it normally does and that the foundation will not cause the water level to increase. Richard Beneveto explained to Mr. Connolly that Mr. Thompson's work is proposed outside the 100 year flood zone. There being no further questions or comments regarding this matter a motion was made by Jon Mazuy to close the public hearing, seconded by Jay Donnelly and approved unanimously. Public Hearinq Corbett Porter Street Extension/House construction/Max Bill Manual of Hancock Environmental addressed the Commission and explained that the proposal is to construct a single family dwelling with access from Porter Street Terrace and to construct/a deck off the rear of the house on the water side and to construct a walk out basement. Mr. Manual described the site and stated that the existing lawn area is level, that a rip rap bank would be placed by the wetlands, that they will maintain the stability of the coastal bank, and that all construction will take place on land. Jay Donnelly noted that there is a steep slope and that it would be subject to erosion if the foundation was not carefully designed. Mr. Manual stated that the foundation was properly designed. Richard Beneveto asked what will be the depth of the sewer and how far from the coastal bank. Mr. Corbett stated that the sewer will be installed approximately 12' down and that it will be approximately 7' from the coastal bank. Richard Beneveto stated that he would like to see that the plans are submitted to the Administrator for review and that he would like to look at the property. Chairman Paluzzi asked if there was anyone present who wished to speak on the proposal. Mr. Goodwin, 8 Porter Street addressed the Commission and asked how they are going to determine the grade between her property line and further up and how much excavation will be done. Mr. Manual explained-t.hat the grade-oN her.property won~t.be touched~-and...that.. the slope will be loomed and seeded. Mr. Manual also stated that very little excavation will be done. Mr. Goodwin asked how far from the property line will the driveway be located and is it going to be sloped down. Mr. Manual stated that the driveway will be installed approximately 2-3 feet from the corner and that the parking area will be raised up. Mr. Goodwin questioned the frontage of the house. Mr. Manual stated that it will be 30 feet with a 20 foot minimum. Mr. Goodwin asked how close to his property line. Mr. Manual stated approximately 15 feet. A resident of Beverly stated he is concerned with the layout of the land in regards to how the water will run-off. Mr. Manual stated the grade will be untouched, it stays the way it is. Mr. Goodwin asked if a retaining wall was going to be built. Mr. Manual stated that the house would basically serve as a retaining wall. A resident of Beverly explained that he is concerned with drainage and that a swale is located near this area and asked if trenches are going to be installed between the houses. Mr. Manual stated he was not sure if trenches were necessary. There being no further questions Or coFaents regarding the matter a motion was made by Richard Beneveto to continue the public hearing to the December 10, 1996 meeting subject to a site visit to take place on November 23, 1996 at 9:00 a.m. at Porter Street Extension, seconded by Jon Mazuy and approved unanimously. Public Hearinq - Birch Woods Drive Lot #46, 49, 52, 53 and 54/house construction/David Walsh Kuct Young of Wetlands PreServation, Inc., addressed the Commission and stated that there was a modification to the Notice of Intent and explained the proposals to construct Lots #46, 49, 52, 53 & 54 and stated that it is a 13 lot subdivision. Mr. Young explained that two roads, Birch Woods Drive and Spruce Run, will be 5 associated with the construction of this subdivision. Mr. Young also stated that the wetlands will not be impacted. Richard Beneveto asked if all the work has been done on the superseding order. Mr. Young responded no. Richard Beneveto asked if the order was still outstanding. Young responded yes. Mr. Richard Beneveto asked if Mr. Young was presenting issues as they will.pertain to the-house'lots. .Mr,.Young stated yes.. Jay Donnelly asked when the entire subdivision is finally developed will there be any changes in the quantity of water flow. Mr. Young stated that there will be no flow change and explained that the system is being set up to provide control of site water run off. Richard Beneveto asked if there are conditions in the superseding order to have haybales placed on the site. Mr. Young explained that a Status Report and an Erosion Control Program were available for review. Richard Beneveto stated that he was concerned with protecting the resource areas. Tony Paluzzi asked if the retention basin was only being installed on Lot #46. Mr. Young explained that the whole project will be installed with a retention basin. Tony Paluzzi asked if there had been any impact since the last storm. Mr. Young stated he has not been out to the site since the last storm. Richard Beneveto asked who will maintain the detention basins. M~. Young responded the City. Chairman Paluzzi asked if any member from the public wished to be heard. Bill Bruce of 81 Cross Lane asked if there were any changes from the original stipulated plan regarding the road and infrastructure. Mr. Young stated that the plan is entirely consistent with the original plan. Bill Bruce questioned the sewer explained that a pump station will will be brought in. line connection. Mr. Young be installed and a force main Gary Seattle who is an abutter asked if the original calculations done included displaced water run-off. Mr. Young stated yes and explained that no lot will be developed without a 3,800 square foot inpervious area. 6 Gary Seattle asked if the infrastructure has been completed in order to build the proposed five houses. Mr. Young stated that permits have been obtained for the road and for the infrastructure. Gary Seattle asked if the roads and the sewer system will be installed for the entire project at one time. Mr. Young responded yes. Gary Seattle stated that he has an on going concern with the project because there is a frequent water problem and that the area ..... is very-wet'all .year.around. .............. .- Renee Mary of 274 Hale Street, addressed the Commission and stated she has concerns with the brook and underground drainage and asked if the public was able to investigate this project. Mr. Young stated he would have to check with the owner and explained that there will be no drainage from this subdivision that would flow in an easterly direction. Bill Carter of 93 Cross Lane asked if all the other 11 lots will be developed. Mr. Young responded yes. Bill Carter asked if the sewer line has been changed from the original plan to now run through Spruce Lane. Mr. Young stated that he was not on top of that particular aspect of the project. A resident of 103 Cross Lane asked when is the construction going to start. Mr. Young stated that not much will take place now that there will be construction next spring but also stated that portions could happen at any time. Karen Hubbard of 117 Cross Lane stated that she is concerned with the water and stated that the water has to go somewhere. Mr. Young stated that they have taken that issue into account and that the~ will be no affect on other people's property. Richard Beneveto asked if the entire subdivision will drain into the detention basin. Mr. Young responded that most will and explained that the detention basin proposed is a specific system designed to control discharge of the site and that the rate of run- off will be either at or below the current run-off rate. Virginia McGlynn Ward 4 Councillor addressed the Commission and stated that this area has many water problems and she wants a gaurantee that the catch basins are going to work. Mr. Young stated that the Conservation Commission has reviewed and approved the design under a previous Order of Conditions. There being no further questions or comments regarding the matter a motion was made by Jon Mazuy to continue the public hearing on Lots #46, 49, 52, 53 and 54 until the December 10, 1996 meeting subject to a site visit to Lots #46, 49, 52, 53 and 54 On November 7 23, 1996 at 10:00 a.m., seconded by Jay Donnelly and approved unanimously. Motion made by Jon Mazuy to reconvene to regular session, seconded by Jay Donnelly and approved unanimously. ~equests for Determination of Ap~licabilitV New: 35 Standlev Street/soccer field/Warinq School · .'. .... A representative from Waring School addressed the' Commission' and ' '.' explained that there is a 70-75 yard long soccer field that already exist and that the school is looking to extend it into a regulation field. He explained that they are here tonight to suggest a site visit. He stated that two other representatives from the Waring School are also present tonight. Richard Beneveto asked how close do people get to the wetlands. Paul explained that there is a mowed area where the team stands, but not graded for athletic use and the fans are at the other side of the field. Richard Beneveto asked if there would be any filling in. Paul responded no. Richard Beneveto asked if there will be any reseeding done in the Spring. Paul responded yes. Richard Beneveto questioned if they planned on installing silt fencing and haybales at the edge of the woods. Paul responded yes. Richard Beneveto asked how many trees would be cut back, and if it is outside the buffer zone. Paul stated about five trees and that they would all be within the 100 foot buffer zone. Y Richard Beneveto asked where the wetlands are located. Fran explained that the wetland area has been flagged and that there is fencing (chicken wire) along a good portion of the wetland area- There being no further questions or comments regarding this matter a motion was made by Richard Beneveto to continue the discussion to the December 10, 1996 meeting pending a site visit to review the area on November 23, 1996 at 9:30 a.m., seconded by Jon Mazuy and approved uninamiously. Old/New Business Eaton Corporation Debbie Hurlburt addressed the Co~nission and updated the members and stated that Eaton would not be here tonight. 8 3 Gavin Circle Tony Paluzzi updates the Commission and explained that Mike Allen notified him and stated that he was concerned with the over flow of water that flows into the pond and the erroded wall. Tony Paluzzi explained to the members that the water came from Wellington Green Brook. The Members indicated that the unusual rain that we recently experienced could have assisted in this matter. 318R Cabot Street Debbie Hurlburt updates the Commission and explained that she received a call that trees were being cut down in a wetland area and that a letter was written that this area is in the Co~unission's jurisdiction, and that the matter was being taken care of. Other Debbie Hurlburt suggested to the Commission that they appropriate money to hire an expert to review Mr. Prokop's documents and do a site visit. A motion was made by Jon Mazuy to set an amount of $500.00 for the hiring of an expert for this task, seconded by Dr. Mayo Johnson. Motion carries 3-1. Order of Conditions 4 Foster Street/camp dwellinq/Spar & Spindle Girl Scount Council The Commission voted 5-0 to issue standard conditions for the project, and in addition they should submit a construction sequence plan prior to work cozunencing and submit a dewatering contingency plan to include where the discharge location and the method gf transferring water from the excavation site to its terminus; to identify the area where stock piling excess material will be and that no excavated material shall be stored on roadway; that all side slopes shall be stabilized with jute netting until side slopes are stablized with vegetation; that all demolition materials shall be removed from the site immediately; there shall be no stock pile of construction debris; and 10 haybales shall be maintained on site in the event that they are necessary. 10 Foster's Point The Coremission voted 5-0 to issue standard coastal conditions for the project, and with the exception of what is shown on the plan, the grading shall be maintained. 9 Certificate of Complaince 30 & 32 Tozer Road A motion was made by Richard Beneveto to grant the Certificate of Complaince for 30 & 32 Tozer Road, File # 5-495, seconded by Jay Donnelly and approved unanimously. 37 Tozer Road A motion was made by Richard Beneveto to grant the Certificate of Complaince for 37 Tozer Road, File # 5-498, seconded by Dr. Mayo Johnson and approved unanimously. 150 Sohier Road A motion was made by Richard Beneveto to grant the Certificate of Complaince for 150 Sohier Road, File # 5-502, seconded by Dr. Mayo Johnson and approved unanimously. A motion was made by Richard Beneveto to grant the partial Certificate of Complaince for 2 Arrowhead Lane, File # 5-204, seconded by Dr. Mayo Johnson and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Richard Beneveto to adjourn the meeting, seconded by Jon Mazuy and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by Susan D. Akerman Secreatry to the Commission 10