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10-29-2019 Con Com Minutes - FINALConservation Commission October 29, 2019 Meeting Minutes Page 1 of 13 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: October 29, 2019 LOCATION: City of Beverly, Council Chamber 3rd floor MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, David Dines, Bill Squibb MEMBERS ABSENT: Rick Grandoni STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:00 p.m. in the 3rd floor Council Chamber in city hall. RECESS FOR PUBLIC HEARINGS Buchsbaum moves to recess for public hearings. Seconded by Dines. The motion carries 5 -0. Cont: 1 Water Street, DEP #5 -1277 — Beverly Restaurant Associates LLC c/o Martin A. Bloom Bertoni asks for a recap of the proposed project. Scott Cameron, representing the applicant, re- ports that the Commission was provided with the response to DEP comments, documentation on alternatives to the preferred option, and an updated Waiver Worksheet. Cameron describes the inclusion of a public area drink and snack bar, as well as why the walk- way is almost completely on the pier. Bertoni asks him to walk through improvements on site to show that impacts have been avoided and minimized. Cameron replies, detailing the grading to capture runoff, the decrease in impervious surface, and the addition of landscaping around the outside of the building and around part of the perimeter of the property. Bertoni reports that the Commission received a memo dated October 29, 2019 from the City So- licitor clarifying that the Conservation Commission has no role in the Article 97 agreement. Aa- ron Clausen, Planning Director, explains more about Article 97 disposition and the Project Agreement, and clarifies that a restaurant is consistent with the Agreement. Bertoni opens the floor to questions from the public. Dan Finn, abutter, asks about the appli- cant's failure to show the historic low water line on the property. Cameron responds that this question had previously been addressed and that the exact location of water line makes no differ- ence because the entire property is Commonwealth Tide Land. Conservation Commission October 29, 2019 Meeting Minutes Page 2 of 13 Finn expresses concern that construction will take place 16 feet from the ocean. Bertoni confirms that the applicant has submitted a waiver request form in the packet. Finn points out letters per- taining to Article 97 which deem a restaurant would be unacceptable for that property. Bertoni clarifies again that the Commission does not have jurisdiction over the Article 97 issues, as they pertain to this hearing. Pete Woodard, abutter, asserts that Article 97 does concern the Conservation Commission be- cause in order to dispose of Article 97 land, the unanimous vote of the Conservation Commission is required. At Bertoni's request, Clausen further addresses disposition of land regulations. He reports that the Massachusetts Energy and Environmental Affairs office confirmed that this is not a disposition of land and explains that if it was a disposition, a unanimous vote by the Conversa- tion Commission or Parks and Recreation Commission would be required. Dines moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 43/47A Water Street, DEP #5 -1280 — Beverly Port Marina c/o Jonathan Silver Jonathan Silver, representing the Beverly Port Marina, provides clarification that he has ad- dressed the City Engineer's comments and provided the requested information on the existing stormwater maintenance. Silver reports that he had never been asked to provide those files for this project in the past. Pirrotta reports that information on the state In -Lieu Fee mitigation fee was provided. Squibb requests clarification on how the sheet pile will be installed. Silver ex- plains that the material will be layered with the sheet pile installed first, gravel filled in, black top, and then concrete for the pedestrian walkways only. Herbster moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 107 Dodge Street, DEP #5 -1284 — Harts Hill, LLC Scott Cameron, representing the applicant, reports on the outcome of the site walk last Saturday and explains the adjustment of the wetland buffer lines were slightly adjusted, but that the 50 foot no build zone will still be outside of the stone wall. Cameron clarifies the applicant's inten- tion to leave the trees alone within the buffer and have the area be grassed. Cameron also de- scribes the removal of some yard waste and debris that would occur, including a water heater which was found within the wetland buffer. Dines moves to close the hearing. Seconded by Herbster. The motion carries 5 -0. Cont: 16B Bay View Avenue, DEP #5 -1232 — Thomas Doherty Bob Griffin, representing the applicant, recounts the previous meetings and asks the Commission how to proceed based on the Superseding Order. Squibb moves to reopen the hearing under the Beverly Wetlands Ordinance. Seconded by Dines. The motion carries 5 -0. Conservation Commission October 29, 2019 Meeting Minutes Page 3 of 13 Bertoni recounts the condition of a removable decking to be installed instead of a concrete land- ing. Herbster clarifies that there is language in the conditions to remove the landing between No- vember 1 st and March 1 st annually. Dines moves to close the hearing. Seconded by Herbster. The motion carries 5 -0. New: 32 Kennel Hill Drive, DEP #5 -1285 — Katalin Connolly Pirrotta reads the legal notice. Michael Seekamp, representing the applicant, describes the project to replace an existing deck and shed and construct a room to replace an existing enclosed porch. Seekamp explains that the mitigation proposal includes plantings along the edge of the wetland on the lawn. Bertoni requests clarification about the new support piles. Seekamp reports that there are seven new support piles proposed and that the new construction is extending closer towards the wet- land. Bill Nolan, project architect, addresses Bertoni's question that construction could not be any far- ther away from the 25 -Foot No Disturbance Zone. Seekamp clarifies that the oil tank will be moved further from the wetland. Bertoni suggests a condition that no mulch be placed in the shrub planting area along the wetland line. Herbster requests clarification about the use of permeable surfaces. Nolan confirms that the only concrete will be under the oil tank. Nolan clarifies that there will be 21 square feet of permanent impact, and that the existing concrete patio under the porch will be removed and replaced with crushed stone. Bertoni and Buchsbaum request clarification about the location of the shrubs. Seekamp clarifies that the shrubs will be five feet from the wetland line and that the grass will be removed in that area to accommodate the shrubs. Bertoni requests the mitigation plantings to be reflected in the plan, including the square footage. Buchsbaum moves to close the hearing. Seconded by Dines. The motion carries 5 -0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 5 -0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 400 Hale Street, DEP #5 -1070 — Endicott College By request of the applicant, Buchsbaum moves to continue to the November 12, 2019 meeting. Seconded by Herbster. The motion carries 5 -0. Cont: 400 Hale Street, DEP #5 -1158 — Endicott College Conservation Commission October 29, 2019 Meeting Minutes Page 4 of 13 Chris Broyles of Meridian Associates, representing the applicant, reports that per earlier discus- sion with the Commission, the plants that did not survive had since been replanted and that the work was completed in substantial compliance with the Order. Dines moves to issue a complete Certificate of Compliance with perpetual conditions. Seconded by Herbster. The motion carries 5 -0. Cont: 35 Standley Street, DEP #5 -704 - Warin2 School (continued to 11/12/19) This project was previously continued to the November 12, 2019 meeting, on behalf of the appli- cant. Squibb leaves the meeting at this time, as he is under the weather. Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo Ann McMenemy, representing the applicant, speaks to the submittal in response to previous En- forcement Order. She reports that the floating dock has been removed and disappeared overnight, a contractor has been hired to complete removal of gangplank during winter, floats will be re- moved and replaced in the spring, the gangway is slightly larger and the floats slightly smaller than permitted but will be removed during winter, and lawn clippings have been removed. McMenemy reports that the applicant is looking to plant between April and June and will be fil- ing for a Chapter 91 License with the state while waiting on plantings and continuing monitor- ing. Bertoni requests that the 25 -Foot No- Disturbance Zone and 50 -Foot No -Build Zone be reflected on the plan. The Commission discusses a mechanism to issue a partial Certificate of Compliance, as the plan would include planting and monitoring for success. Dines moves to continue to the December 10, 2019 meeting. Seconded by Buchsbaum. The mo- tion carries 4 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC (continued to 11/12/19) The Commission previously continued this to the November 12, 2019 meeting, on behalf of a re- quest by the applicant. Cont: 10 Sunnyvale Street, DEP #5 -1122 — Scott Tarnowski (continued to 11/12/19) The Commission previously continued this to the November 12, 2019 meeting, on behalf of a re- quest by the applicant. New: 26 Middlebury Lane, DEP #5 -1255— Beniamin & Elizabeth Richard Conservation Commission October 29, 2019 Meeting Minutes Page 5 of 13 Bill Manuell of Wetlands & Land Management, representing the applicant, describes the project including the replacement of the existing deck, stairs, and front entry in relation to the request for a Certificate of Compliance. Berton requests clarification about the debris removal. The consult- ant reports that the debris has been removed, and that the walkway is impervious but located in a flat lawn. Pirrotta reports from observations at her site visit that the site is stable. Dines moves to issue a complete Certificate of Compliance with the perpetual conditions as dis- cussed. Seconded by Buchsbaum. The motion carries 4 -0. New: 43 L.P. Henderson Road, DEP #5 -1067 — City of Beverly - Emergency Management Agency Chris Broyles of Meridian Associates, representing the applicant, explains additional paving and building on the property, in addition to what was authorized. Buchsbaum explains the need for a Modification or Amendment Request before making significant changes to a project. Mark Fos- ter, from Beverly Emergency Management Agency, clarifies that they were not aware of the re- strictions on paving before it was conducted. Bertoni requests clarification about the tent structure which sits within the 100 -foot buffer. Broyles clarifies that it is considered a temporary structure, not subject to the Order of Condi- tions. The Commission discusses whether they would have approved the changes, however, that would have needed to be done before the Order expired, and the Commission was not consulted beforehand. Bertoni asks about mitigation plantings, of which there have been none. Bertoni explains that the issue is the process, stating that the amount of impervious surface added without approval poses a problem for the Commission. The applicant withdraws the request for Certificate of Compliance and will return for a complete Certificate of Compliance when they file for a Request for Determination of Applicability for the unpermitted portions of the work. New: 35 Preston Place, DEP #5 -155 — Mark Townsend Jim Townsend, previous owner of the property, requests a Certificate of Compliance. No work was completed as permitted under the Order of Conditions. Herbster moves to issue an invalid Certificate of Compliance. Seconded by Dines. The motion carries 4 -0. OILD/NEW /OTHER BUSINESS REQUEST FOR MINOR MODIFICATION TO ORDER OF CONDITIONS New: 43 Haven Way, DEP #5 -1193 — Olaf Stellin2 Conservation Commission October 29, 2019 Meeting Minutes Page 6 of 13 Chris Broyles of Meridian Associates, representing the applicant, explains the request for the in- stallation of a new septic system and drywell and clarifies that the old septic systems will be re- moved and replaced by one larger one. Broyles explains that the new system will be constructed further away from the No -Build Zone, and that Board of Health Title V approval was granted. Andre Abersol, builder on the project, explains that the construction should last for roughly five weeks. Bertoni requests photos to ensure erosion control is in place prior to the drywell installa- tion, as Pirrotta visited the site a few weeks ago and observed other erosion controls already in- stalled. Buchsbaum moves to issue a Minor Modification as requested. Seconded by Herbster. The mo- tion carries 4 -0. New: 40 Sam Fonzo Drive, DEP #5 -1235 — David Fonzo - Fonzo Realty, LLC Vaclav Talako of Hancock Associates, representing the applicant, requests a change so that the curbing does not need to be installed prior to the construction of the building; the retaining wall would still be constructed first. Bertoni clarifies that he is asking to change a special condition. Bertoni requests clarification about the current construction access driveway. Talako reports that it will no longer be used when construction has finished. Buchsbaum requests clarification about the reason for this modification. Talako reports that it pertains to the construction procedure. Pirrotta requests clarification that a pre - construction site inspection will be held, per the Order of Conditions and that there will be a follow up inspection after installation of the retaining wall. Dines moves to change special condition number one with the addition of the special sequence of work as described in the letter, dated October 17, 2019. Seconded by Herbster. The motion car- ries 4 -0. REQUEST FOR EXTENSION TO ORDER OF CONDITIONS New: 675E Hale Street, DEP File #5 -1196 — Laura Gibson, ASLA Ann McMenemy of Hancock Associates and Lolly Gibson of Gibson Design, representing the applicant, report that progress has not moved forward because of two permits still pending and requests a one -year extension. McMenemy also recounts that Ruppia replanting was very suc- cessful. Herbster moves issue a one -year extension by state Wetlands Protection Act and local Beverly Ordinance. Seconded by Buchsbaum. The motion carries 4 -0. ENFORCEMENT ORDERS Cont: 20, 30, & 40 Webster Avenue, DEP #5 -1237 — PD Development Conservation Commission October 29, 2019 Meeting Minutes Page 7 of 13 Bob Griffin of Griffin Engineering, representing the applicant, reports that gray dogwoods are no longer available for purchase but will be available again in the spring and that rocks have been put in place to prevent people driving along the cart path. Bertoni suggests that a sign could be added to alert the public that the area is undergoing restoration and to avoid trampling the newly planted grass. OTHER... The Commission discusses a potential enforcement for 50 Dunham Ridge. Pirrotta reports a complaint was reported to MA Department of Environmental Protection and that they recom- mends the Commission issue an enforcement order to cease and desist. Herbster moves to issue an Enforcement Order with the conditions as described. Seconded by Buchsbaum. The motion carries 4 -0. ORDERS OF CONDITIONS Cont: 16B Bay View Avenue, DEP #5 -1232 — Thomas Doherty The Commission reviews the DEP issued conditions and discussed including standard and spe- cial conditions under the Beverly Wetland Ordinance. Bertoni suggests that the state issued con- ditions should cover the Commission's concerns. The Commission discusses including special conditions 20 -37 of the state conditions with the addition of the 75% survival rate condition on the plantings. Special Conditions included: 1. All work shall conform with the following plan and special conditions: a. "Site Plan to Accompany NOI for Patio, Stairs & Landing," prepared by Griffin Engineering Group, LLC, stamped by Robert H. Griffin, P.E., final revision date July 18, 2019. 2. This Amended Order of Conditions replaces the previous Order issued for this project, DEP File # 5 -1232 under the Beverly Wetlands Protection Ordinance Chapter 287 and Regulations Chapter 565. 3. A copy of this Order shall be included in all construction contracts and shall supersede any conflicting requirements. 4. A copy of this Order as well as the plans and reports referenced in Condition 41 shall be available on site while activities regulated by this Order are being performed. In addition to the owners, all contractors and subcontractors shall be held responsible for compliance with this Order. 5. No work shall commence on -site until all appeal periods have elapsed and this Order of Con- ditions has been recorded with the Registry of Deeds and the Conservation Commission has been formally notified via the form provided at the end of this Order. 6. The Order shall apply to any successor or assigns in interest or control and any other party engaging in activity on the property identified in the Notice of Intent. Conservation Commission October 29, 2019 Meeting Minutes Page 8 of 13 7. Any proposed or executed change in the plans approved under this Order shall require the ap- plicant to file a new Notice of Intent with the Conservation Commission or to inquire in writ- ing whether the change is substantial enough to require a new filing. Any errors in the plans or information submitted by the applicant shall be considered changes and the above proce- dures shall be followed. 8. Members and agents of the Beverly Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions contained in this Order, and may require the submittal of any data deemed necessary for that evaluation. 9. Planting of the mitigation area with the species described in the planting plan referenced on the plans of Condition #1 shall proceed immediately upon final grading, weather permitting. If seasonal conditions prevent planting, the area shall be planted as soon as weather permits. The Commission shall not issue a Certificate of Compliance until the mitigation plantings ex- hibit 75% survivorship for not less than two growing seasons after their installation. 10. Prior to commencement of any activity on the site, there shall be a pre - construction meeting between the project supervisor, the contractor responsible for the work, and a representative of the Beverly Conservation Commission to ensure that the requirements of the Order are un- derstood. Arrangements for the meeting shall be made at least two (2) weeks prior to any ac- tivity. 11. Prior to the start of work, the applicant shall submit a construction sequence to the Beverly Conservation Commission. The construction sequence shall include a plan showing the loca- tion of any soil, material stockpile areas, and any temporary construction period, stormwater BMPs. Work shall not commence until the Conservation Commission approves the construc- tion sequence. 12. Prior to the start of work, erosion controls consisting of silt fence and staked strawbales shall be installed around the limits of work. These barriers shall serve as the limit of disturbance and shall be installed as close to the work area as possible. Erosion controls shall remain in place until the Conservation Commission approves their removal. 13. Upon completion of construction, all exposed soils shall be raked smooth and seeded with appropriate vegetation of otherwise stabilized by a method acceptable to the Conservation Commission. 14. At no time during or after construction shall fill or other materials be placed, slump into, or fall beyond the limit of grading as shown on the plan. The contractor, project manager, or ap- plicant shall be responsible for inspecting and maintaining all slopes and shall immediately notify the Beverly Conservation Commission if slumping, erosion, or encroachment occurs. 15. Excess soil, rock, and debris excavated or generated during the course of this project shall be removed from the site and disposed of in a legal manner. Records as to the destination of all materials, including excess fill and loam, to be removed from the site shall be kept on file and shall be provided to the Beverly Conservation Commission upon request. 16. Storing, servicing, or cleaning of equipment, including but not limited to fueling, changing, adding, or applying lubricants or hydraulic fluids, or washing/rinsing of trucks or equipment, shall not be performed within any wetland resource area and shall be performed outside the 100 -foot buffer zone. 17. During work on this project, there shall be no discharge or spillage of fuel, oil, or other pollu- tants, including sediments, onto any part of the site. The applicant shall take all reasonable precautions to prevent the release of pollutants by ignorance, accident, or vandalism. Conservation Commission October 29, 2019 Meeting Minutes Page 9 of 13 18. The stairway and landing shall be removed no later than November I of each year and rein- stalled no earlier than March I" of each year. No perpetual conditions were included. Buchsbaum moves to approve the Order of Conditions under the Beverly Wetlands Ordinance as stated. Seconded by Herbster. The Motion carries 4 -0. Cont: 1 Water Street, DEP #5 -1277 — Beverly Restaurant Associates LLC c/o Martin A. Bloom The Commission discusses including standard conditions, and special conditions under both the Wetlands Protection Act and Beverly Wetlands Ordinance including: erosion control shall be in- stalled, debris placed in an on -site receptacle and removed from the site, objects removed in event of coastal storms to reduce risk of injury, inspection reports per storm water operations manual submitted annually to the Conservation Commission, during construction drainage from dewatering shall be properly treated and include a dewatering plan such as dewatering sacks ready to be deployed, mitigation plantings shall have 100% survival rate for trees and 75% sur- vival rate for herbaceous plantings. Scott Cameron requests clarification on anchoring of furniture in a coastal storm. Dines clarifies that the intention of the conditions is for the applicant to take measures to ensure safety in high - wind situations. Special Conditions included: 1. Erosion controls (i.e. hay bales or mulch sock) shall be installed to encompass the work to ensure no exposed soils or incidental fines or debris migrate into the ocean. 2. All excavated soils and all demolition debris shall be placed in an on -site receptacle for removal from site. Open stockpiling of these materials are prohibited. 3. To avoid risk of becoming dangerous projectile objects during storms, any outdoor stor- age items shall be removed or properly anchored prior to any predicted coastal storm event. The condition is on -going and shall survive the issuance of a Certificate of Com- pliance. 4. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certifi- cate of Compliance. 5. During construction, any drainage generated as a result of dewatering shall be discharged to existing drainage courses with proper filtration and erosion control measures, as noted in the drainage report. Dewatering sacs shall be available on -site in case needed to be de- ployed. 6. The herbaceous mitigation plantings shall exhibit at least 75% overall survivorship and the tree mitigation plantings shall exhibit 100% survivorship after two (2) growing sea- sons post installation. A wetland consultant or other qualified professional shall inspect Conservation Commission October 29, 2019 Meeting Minutes Page 10 of 13 plantings for survivorship and overall success of the naturalized area and shall provide a written report of his/her findings to the Commission. The following perpetual conditions were included: 35. Prevention of flooding, erosion, and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. 36. The following additional conditions shall remain in force in perpetuity beyond the issu- ance of a Certificate of Compliance: Special Condition #'s 3, 4, & 6. Herbster moves to issue the Order of Conditions under both the Wetlands Protection Act and Beverly Wetlands Ordinance as discussed. Seconded by Dines. The motion carries 4 -0. Cont: 107 Dodge Street, DEP #5 -1284 – Harts Hill, LLC The Commission discusses including the Beverly standard conditions and special conditions un- der both the Wetlands Protection Act and Beverly Wetlands Ordinance including: snow storage outside 100 -foot buffer, erosion control devices installed, disturbed areas kept to a minimum, construction staging located outside 100 -foot buffer, operation and maintenance of the storm - water BMPs with annual inspections submitted to Conservation Commission and continued for 5 years, signs installed— wording to be worked out between Cameron and Pirrotta, signs and mon- uments shall be kept in good and working order, and no dumping of leaves, grass clippings, etc. Special Conditions included: 1. Snow storage from snow plowing operations shall be located outside the 100 -Foot Buffer. 2. Erosion and sedimentation control devices will be installed along the edge of the down - gradient side of the project area prior to construction as depicted on the site plan. This will also serve as the limit of work. 3. During construction, disturbed areas will be kept to a minimum and vegetative stabiliza- tion of these areas will occur as soon as possible. 4. Construction staging /stockpile area shall be located outside the 100 -Foot Buffer and be protected with appropriate erosion control. 5. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31 st of each year. This condition shall continue for 5 years beyond the completion of the work. 6. Not less than two weather resistant signs or monuments, bearing the following language "Protected Wetland Resource Area – No Dumping or Snow Storage Per Order of Beverly Conservation Commission" shall be installed equidistant along the edge of the lawn /stone wall area. Said signs /monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. A copy of the plan showing the location of the signs /monuments shall be provided for the file. 7. The signs /monuments as described in Special Condition 96 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Conservation Commission October 29, 2019 Meeting Minutes Page 11 of 13 Perpetual conditions discussed included: 35. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 36. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland re- source area. This condition shall survive in perpetuity beyond the issuance of a Certifi- cate of Compliance. 37. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. Any property maintenance company shall be made aware of this condition. 38. Prevention of flooding, erosion, and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. 39. The above Special Condition 97. Buchsbaum moves to issue the Order of Conditions under both the Wetlands Protection Act and Beverly Wetlands Ordinance, including the standard conditions, the special conditions, and per- petual conditions, as discussed. Seconded by Dines. The motion carries 4 -0. Cont: 43/47A Water Street, DEP #5 -1280 — Beverly Port Marina c/o Jonathan Silver Bertoni suggests including the standard conditions, as well as special conditions 2 -7 from the previous Order of Conditions for the work which expired. The Commission discusses the previ- ous Conditions and decides to eliminate the first special condition. Bertoni suggests that Pirrotta review the mitigation signage as a qualification for special condition number 6. Special Conditions included: 1. Per the MA Division of Marine Fisheries' October 4, 2019 comment letter, no in -water work shall be conducted from February 15 to June 30 of any year. 2. As part of Beverly Port Marina's (BPM's) efforts to educate its customers as to storm - water management and water quality controls, signage shall be adhered to all general re- fuse dumpsters and barrels located on site prohibiting dumping of any oil, gasoline or other hazardous materials into such receptacles. Such signage shall be kept in clear and legible condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. As part of BPM's efforts to educate its customers as to stormwater management and wa- ter quality controls, receptacles designed to receive waste oil or any other hazardous ma- terials shall be clearly marked to limit dumping of such materials to those types of recep- tacles. Said signage shall be kept in clear and legible condition. This condition shall sur- vive in perpetuity beyond the issuance of a Certificate of Compliance. 4. As part of BPM's efforts to educate its customers as to stormwater management and wa- ter quality controls, a flyer explaining proper disposal procedures of hazardous materials shall be sent to BPM's customers at least once a year, and a copy of said flyer shall be forwarded to the Conservation Commission for its file. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. The public walkway and picnic area shall be clearly marked on the ground and with ac- companying welcoming signage, with the Conservation Agent to review the proposed language prior to installation. Said markings and signage shall be kept in clear and legi- Conservation Commission October 29, 2019 Meeting Minutes Page 12 of 13 ble condition. This condition shall survive in perpetuity beyond the issuance of a Certifi- cate of Compliance. The location of said signage shall be located on the plan and pro- vided to the Conservation Agent for the file. 6. Annual post - construction stormwater Operation & Maintenance Reports shall be submit- ted to the Conservation Commission no later than December 31S of each year. Said re- ports shall detail all maintenance activities of the stormwater devices on site. This condi- tion shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. During construction, excess construction materials are to be contained in a receptacle lo- cated with the existing parking lot. All construction debris shall be removed from the site the end of each workday. 8. In order to minimize siltation to the existing catch basins during construction, silt -sacks will be maintained in both nearby catch basins to catch sediment caused by vehicle traffic or construction activities. Perpetual conditions discussed included: 35. There shall be no dumping of leaves, grass clippings, trash, or any kind of refuse in the resource area. 36. Herbicides, pesticides, or fungicides shall not be applied within 100 feet of the resource area. 37. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 38. Prevention of flooding, erosion, and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. 39. The following additional conditions shall remain in force in perpetuity beyond the issu- ance of a Certificate of Compliance: Special Condition #'s 2, 3, 4, 5, & 6. Herbster moves to approve the Order of Conditions under both the Wetlands Protection Act and Beverly Wetlands Ordinance. Seconded by Buchsbaum. The motion carries 4 -0. New: 32 Kennel Hill Drive, DEP #5 -1285 — Katalin Connolly Buchsbaum suggests including the area of mitigation be listed in the plans and no mulching be permitted. The Commission reviews the existing Order of Conditions, adding that no trees are permitted to be removed under this order. Special Conditions included: 1. Prior to building permit sign off, the final landscape /planting plan shall be forwarded to the Commission for its records. The plan shall depict the proposed plantings, provide a calcula- tion of the planting area size, and provide a table showing the change in impervious area with the inclusion of the mitigation plantings. 2. The Commission shall not issue a Certificate of Compliance until the mitigation plantings ex- hibit 75% survivorship for not less than two growing seasons after their installation, and the three mitigation trees exhibit 100% survivorship not less than two growing seasons after their installation. 3. There shall be no mulching or mowing in the mitigation planting area and the area shall be allowed to naturalize. Conservation Commission October 29, 2019 Meeting Minutes Page 13 of 13 4. During construction, any drainage generated as a result of dewatering shall be discharged to existing drainage courses with proper filtration and erosion control measures. A specification of this shall be sent to the Conservation Agent prior to dewatering occurring. 5. Construction staging and material storage shall be located at the front of the house /driveway. 6. Any debris generated shall be removed off -site and properly disposed of at an appropriate fa- cility. 7. The project as described does not involve removal of trees or significant vegetation, and therefore this Order of Conditions does not authorize such. 8. As described by the applicant's representative at the October 29, 2019 meeting, the concrete pad under the existing deck shall be removed and replaced with crushed stone. Perpetual conditions discussed included: 35. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 36. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5 %) and phosphorous free, and shall not be used within 25 feet of a wetland re- source area. This condition shall survive in perpetuity beyond the issuance of a Certifi- cate of Compliance. 37. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland re- source area. This condition shall survive in perpetuity beyond the issuance of a Certifi- cate of Compliance. 38. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 39. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. 40. The following additional conditions shall remain in force in perpetuity beyond the issu- ance of a Certificate of Compliance: Special Condition #'s 3, 6 & 8. Herbster moves to approve the Order of Conditions with the discussed conditions under both the Wetlands Protection Act and Beverly Wetlands Ordinance. Seconded by Buchsbaum. The mo- tion carries 4 -0. ADJOURNMENT Herbster moves to adjourn at 11:OOpm. Seconded by Buchsbaum. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, November 12, 2019 at Bev- erly City Hall, 3rd Floor Council Chamber.