1998-07-21BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
JULY 21, 1998
A regular meeting of the Beverly Conservation Commission was held
on July 21, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot
Street.
Those Present were: Chairman David Lang, Vice-Chairman Tony
Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy and Patricia
Grimes. Also present was Assistant Planning Director Debbie
Hurlburt, and Susan Akerman, Secretary to the Commission.
Meeting called to order by Chairman Lang at 7:00 p.m.
Request for Determination of Applicability
43 Paine Avenue
John Dick of Hancock Environmental addressed the Commission and
explained that he has flagged a small portion of wetlands on Paine
Avenue, just past the entrance of 51 Paine Avenue. Mr. Dick
explained that this area lies in between two major roads, that
there is a large swale along one side of the property with some
wetlands, but that there is an extensive area of wetlands on the
other side of the swale. Mr. Dick explained that he put in eight
flags in order to determine if the land is buildable, if a septic
system can be built, and a house. Mr. Dick stated that he is
seeking Conservation Commission confirmation of the placement of
these wetland flags.
Jon Mazuy stated that Flag A1 was a little shy, that he would
suggest that it be moved approximately 6" further away toward the
street, and that he would also suggest that Flag 2E, where some
material was dumped, be cleaned up and mulched.
Tony Paluzzi stated that he too looked at the flagged area.
Chairman Lang asked Jon Mazuy if he looked at Flag 4E. Jon Mazuy
stated yes, and that at one time there was water running through
it, but not recently.
Mr. Dick explained that the area by Flag 4E used to be the primary
drainage route for the site, so it was piped. He noted that water
does still run down, that there is no vegetation, but that it is
definitely a drainage course, but that he doesn't consider this to
be a wet]and issue,
Chairman Lang asked if there were any wetlands/water upland to Flag
4E. jon 5iazuy stated that he didn't think so.
Mr. Dick explained that the wetlands run 60' parallel to the road
and then disappears on the other side of the road.
Tony Paluzzi asked when developing that lot, what will happen to
the ditch. Mr. Dick stated that he considered it to be a no touch
zone, that he is not sure if the applicant is going to design a
plan or not, but that a lot of consideration will have to be made.
Mr. Dick further stated that the septic system will have to meet
Title 5 requirements, but that he sees no problem with installing
a septic system because the soil is good, but questions whether or
not someone can get a good size house on the lot, that this is not
a good location for a house, and he thinks that the neighbors will
be upset.
Chairman Lang asked if any member of the public wished to speak.
There were none.
There being no further questions or comments regarding this matter,
a motion was made by Jay Donnelly to close the hearing, seconded by
Tony Paluzzi and approved unanimously.
A motion was made by Jon Mazuy to issue a Positive Determination,
subject to the agreement that Flag A1 be moved 6" further away
toward the street, that the area that has recently been dumped on
be cleaned up, and that before anything is put down with regard to
the upland area, an application be made to this Commission,
seconded by Tony Paluzzi and approved unanimously.
A motion was made by Jon Mazuy to recess for the purpose of holding
public hearings, seconded by Dr. Johnson and approved unanimously.
Public Hearinqs:
Continuation of Public Hearinq: Svlvester Avenue - house
construction/Trentini
Greg Bowden, representing the applicant Ron Trentini, addressed the
Commission and stated that since the last meeting he has submitted
written documentation with respect to the site plan.
Mr. Bowden then reviewed the written documentation of the site
plan, and explained that there is an exposed piece of ledge, that
there is an existing house with a pool in the back, that there is
a gravel road that goes to the park, and that the site has a lot of
underbrush to be cleared away.
Mr. Bowden stated that at the present time there is a 42" culvert
with the approximate high water level shaded in blue on the plan,
and stated that the lot is entirely within the River Front area, so
what they intend to do, is basically come in and hold the existing
edge of the gravel road and leave the gravel by the park. Mr.
Bowden noted that according to discussions with the Fire
DeparLment, all that they are requiring is that the appiicant
construct an 18' wide road with some type of turnaround for a fire
truck.
Mr. Bowden then showed the area of disruption, explained where a
slight slope will drain toward Aunt Bette's Cove, but noted that
they intend to divide the sheet flow to go around the house, that
there will be 3-1 grading on both sides of the house, and that the
garage will be under the house. Mr. Bowden explained that they
intend to have a material storage area on site while it is under
construction, that there is a 200' River Front protection area that
they will try to minimize the amount of development to take place
in that area, and that jute matting is proposed to permanately
stabilize the slope, plus seeding and netting. Mr. Bowden
explained that the driveway will be graded so that the water will
flow and be disbursed down the banking so that the water won't
erode the land, and then stated that they are planning to post the
house-lot in an area where minimal disruption to the lot area will
take place.
Jay Donnelly asked how the new driveway will be paved. Mr. Bowden
stated that it will be paved according to City standards, 4" of
asphalt with no culverts.
Chairman Lang asked how they intend to get the run-off to go
through section of the driveway. Mr. Bowden explained
how the water will run, and noted that the driveway will be sloped
so that the water will flow toward the stone rip-rap, that they
intend to hold the elevation of the existing road, and raise the
grade for the driveway.
Chairman Lang questioned the stock piled material on site, and
stated that he prefers that there be no stock piling on site. Mr.
Bowden explained that it will be removed, but if material does have
to be stockpiled that they will put haybales around the pile, and
that all excavation will be removed by truck.
Pat Grimes asked if they intend to take out any vegetation along
· the River Front. Mr. Bowden stated no, that the area will not be
affected.
Tony Paluzzi asked how large the rip rap area will be. Mr. Bowden
stated that it will be 8' wide and 6' across.
Tony Paluzzi asked what the approximate size of the rip rap rocks
will be. Mr. Bowden stated that it will be standard two pound/six
inch short rock.
Tony Paluzzi asked what is short rock? Mr. Bowden explained that
short rock is from blasted ledge, and noted that it doesn't come
from e process rock.
Tony Paluzzi asked if they will be disturbing the soil when they
put in the rip rap. Mr. Bowden stated that there will not be much
disturbance, but that they do plan to remove one tree that is
already dead.
Chairman Lang stated that he wants the applicant to make sure that
the rip rap rocks are not all big rocks. Mr. Bowden stated that
they will get a mixture, that it is hard to get a consistent size.
Tony Paluzzi asked if they intend to seed after the rip rap is put
down or before it is put down. Mr. Bowden stated that the rip rap
will be so thick that seed won't take, but that eventually a weed
will grow.
Tony Paluzzi asked what will be done to keep the top soil from
running down the hill. Mr. Bowden stated that they intend to have
haybales down until the rip rap is stable. Mr. Bowden noted that
there will be two areas where haybales will be placed down to
protect the rip rap.
Jay Donnelly asked how the foundation of the house is going to be
proposed in order to accommodate the existing grade. Mr. Bowden
explained that the garage will be underneath the house, that the
elevation in the back is at an elevation of 23, and that they will
be driving in the first floor above the garage with the sides
graded down.???
Jay Donnelly asked if they will have to blast in order to reach the
proposed foundation grade. Mr. Bowden stated that he can't say for
sure.
Jay Donnelly asked if they intend to do any exploratory drilling.
Mr. Bowden responded no, that it is hard to say if they will have
to blast.
Jay Donnelly asked if blasting does have to be done how do you
intend to remove the material, and what method will be used for
protecting the river. Mr. Bowden stated that a blasting permit
will have to be obtained, and that the Fire Department has set
requirements for detention, but that all excavated material will be
placed on a truck and removed from the site.
Richard Benevento joins the meeting at this time. (7:35 p.m.)
Jay Donnelly asked how the foundation will be developed to prevent
sliding, will you force-anchor the foundation into the rock? Mr.
Bowden stated that the footings might have to be pinned, but that
there is not much lateral force to this house.
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.
Order of Conditions
Svlvester Avenue
The Commission voted to issue (1) standard conditions, and (2)
coastal conditions for this project; and in addition (3) that any
blasted material from the site is not to be used as rip-rap; only
new, brought to the site material shall be utilized; (4) all
material excavated be removed immediately and not stockpiled; (5)
that as-built plans, shown in plan view and the cross-section, of
the rip rap design and through to the roadway, shall be submitted
to the Commission for review and approval; (6) construction
activity shall be in compliance with the proposed narrative; (7)
the applicant shall submit a color plan showing areas of
constructed, and area not to be disturbed, and these areas will be
identified on the site with yellow tape or some other appropriate
material to'identify the construction workers the no-disturb area;
(8) all trash within 200' of the river shall be removed daily; (9)
the rip rap slope be designed in such a way as to prevent erosion,
instability and sedimentation; and (10) storage on, and refueling
of equipment shall be conducted outside the buffer zone.
A motion was made by Jon Mazuy to approve the Order of Conditions
for Sylvester Avenue as agreed, seconded by Tony Paluzzi and
approved 5-0-1 (David Lang Opposed).
Old/New Business
Conservation Commission Bills
Debbie Hurlburt explained to the members that the following bills
need to be either approved, disapproved or rejected.
a. Gulf of Maine
A motion was made by Richard Benevento to approve the bill for Gulf
of Maine, seconded by Jon Mazuy and approved unanimously.
b. Hancock Environmental - exDansion provided
The members suggested that the Conservation Commission Administer
send a letter to Hancock Environmental, and have them provide the
Commission with a break-down of the $920.00 bill to include the
type of activity, the rates, and the amount of time spent.
A motion was made by Richard Benevento to approve paying $650.00 of
the bill, seconded by Jon Mazuy and approved unanimously.
c. IDswich Watershed Commission
Debbie Hurlburt explained to the members that this Commission is
looking for membership.
5
A motion was made by Jon Mazuy to donate $50.00 to become members
of the Ipswich Watershed Commission, seconded by Tony Paluzzi and
approved unanimously.
PhiliDs Nature Preserve DroDosed Rules and Requlations
Debbie Hurlburr explained that she did have Sarah Cole submit some
proposed Rules and Regulations for the Philips Nature PreServe,
that need to be reviewed by the Commission and then passed on to
the City Council.
Rules and Regulations: (1) Mountain bikes and horseback riding are
prohibited; and (2) after sunset or before dawn.
Carlton Avenue
Debbie Hurlburr explained to the members that she and Tony Paluzzi
inspected a project because the work was being conducted adjacent
to wetlands. And it was Tony Paluzzi's recommendation to have the
project put on hold ntil the proper filing has been made and
approved.
7R Ober Street
Debbie Hurlbutt explained that she did a site inspection at 7R Ober
Street today, and noted that there was one section of the seawall
where they were unable to put in weepholes. The Commission stated
that they would like to have a structural engineer inspect the wall
for it's structural integrity.
Mullen/Loeb Estate
Debbie Hurlburt noted that
Mullen/Loeb Estate to take
rescheduled from 10:30 a.m.
the site inspection with DEP for the
place on August 13, 1998 has been
to 1:00 p.m.
ADDroyal of Minutes
A motion was made by Richard Benevento to table the approval of the
July 7, 1998 minutes, seconded by Jon Mazuy and approved
unanimously.
A motion was made by Jay Donnelly to increase the Conservation
Commission Administrator's stipend to $500.00 for a total of
$5,500.00, and that David Lang intends to talk with Tina Cassidy to
express to her that the Commission wants to give Debbie this
increase, seconded by Richard Benevento and approved unanimously.
Adiournment
A motion was made by Jay Donnelly to adjourn the meeting, seconded
by Tony Paluzzi and approved unanimously.
Meeting was adjourned at 8:30 p.m.