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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.