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5-19-20 Con Com Minutes - FINALConservation Commission May 19, 2020 Meeting Minutes Page 1 of 13 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: May 19, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, William Squibb, Richard Grandoni, David Dines MEMBERS ABSENT: None STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sharlyne Woodbury Chairperson Bertoni calls the meeting to order at 7:08 p.m. Bertoni reads the virtual meeting guidelines and notice regarding temporary Open Meeting Law adjustments due to the State of Emergency associated with the COVID -19 outbreak. APPROVAL OF MINUTES July 30, 2019 The Commission reviews the draft minutes. Dines moves to approve the July 9, 2019 minutes as written. Squibb seconds. Buchsbaum abstains as he was not present at that meeting. The motion carries 5 -0 -1. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Dines seconds. The motion carries 6 -0. Notices of Intent /Abbreviated Notices of Intent/Reguests for Amended Orders of Condi- tions Cont.: 451 & 453 -455 Essex Street, DEP 95 -1287 — review and affirm delineated wetlands on site — Jeff Fazio, Fazio Enterprises, Inc. Bob Griffin of Griffin Engineering Group LLC, representing the applicant, describes the status of the Commission's review of the resources areas on the site. Squibb notes he is not satisfied with the information presented to be able to approve the stream as "intermittent." The two streams that feed into the property from across Essex Street (Route 22) and all the drainage from the hill above it on the Route 128/22 site empty into the wetlands upstream. Griffin disagrees with Squibb's assessment, as the size of the watershed and observation of dry conditions meet the criteria for intermittent stream designation per the Wetlands Protection Act. Griffin and Squibb review the area of the watershed and further discuss the characteristics of the area. Conservation Commission May 19, 2020 Meeting Minutes Page 2 of 13 Buchsbaum notes that even if the culvert under Essex Street is clogged, the stream could still be considered intermittent per the regulations due to the watershed size. The Bordering Vegetated Wetland delineation is further discussed. Squibb mentions flag A -13 being moved. Griffin brings up the site plan and addresses the location at A -13, as discussed at the Commission's site inspec- tion on May 16, 2020. Mary Rimmer of Rimmer Environmental, agreed it would be reasonable to relocate the flag 8 feet to the north. A new final plan will be submitted for the file. No mem- bers of the public provided comments. There being no further questions or comments on the matter, Dines moves to close the hearing. Grandoni seconds. The motion carries 6 -0. Cont.: 167 West Street, DEP #5 -1290 — demolish and reconstruct a single- family house with as- sociated appurtenances — Marc & Heather Hazel Bob Griffin speaks on the behalf of the applicant informing the Commission that the architect is still working on changes to the plan and requests a continuance to the next meeting. At the applicant's request, Herbster moves to continue the hearing to the June 9, 2020 meeting. Grandoni seconds. The motion carries 6 -0. Cont.: 7 Juniper Valley Court, 45 -1295 — garage improvements, deck reconstruction, and hard - scape and landscape improvements — Alexander & Emily Kontos Michael DeRosa of DeRosa Environmental represents the applicant and recaps the site walk that was held on May 16, 2020. Detail was given on the existing deck and foundation and proposed reconstruction. DeRosa described the proposed mitigation plantings on the slope. Squibb in- quires about how erosion controls will be stabilized and DeRosa responds that they will be staked in place. There are no comments from the public. There being no further questions or comments, Dines moves to close the hearing. Squibb sec- onds. The motion carries 6 -0. New: 181 Elliott Street, 95 -1296 — flood mitigation measures — City of Beverly c/o Michael Col- lins Pirrotta reads the legal notice. Adam Zysk of Dewberry Engineers introduces the members of the project team including Dewberry and City Engineering Department staff. Zysk describes the pro- posed flood mitigation measures for the project. He describes the addition of drain pipes, adding tide gates, and adding gravel at the outlet of the pipes to serve as a velocity check. Bertoni in- quired if an Environmental Notification Form was filed with the State. Zysk speaks to the MEPA process and notes that comments are expected to be issued by the Massachusetts Department of Environmental Protection in the near future. Comments will be gathered from all reviewing agencies, including federal and state. An application was filed with the Army Corp and Coastal Zone Management for approval. Conservation Commission May 19, 2020 Meeting Minutes Page 3 of 13 Bertoni asks the Commission whether they would like to hold a site inspection. Buchsbaum would like to know what the MEPA comments are in the event they would influence Conserva- tion Commission conditions and also had question on the loss of flood storage. Dines inquires to the erosion at the culvert site. Squibb speaks to the presence of a historic site near the proposed tide gates. Zysk provides information on the gates. The gates are shut at a set tide elevation, pre- venting water flowing into Shoe Pond. Zysk informs the Commission that the project team met with regulatory agencies over a year ago and discussed gathering tide data and providing analysis on the tides and the operation of the gates. The goal is to maintain the normal ebb and flow of salt water into Shoe Pond. Loss of flood storage in the Pond would have negligible effects along the Bass River. Zysk further discusses the extreme high tides and storm damage. Rip rap would be placed above and on the sides of the culvert to limit future erosion. Michael Collins, Commissioner of Public Services and Engineering, speaks to the headwall that has eroded. Photos from the 1970s depict how the headwall looked at that time, which demonstrates the steady erosion from high tides since that time to the present. Herbster asks under which regulation the material would be man- aged, due to contaminants. Collins notes they will see as the projects develops per the advice of the agencies involved on how to address. Zysk noted that per Mass Division of Marine Fisheries, the only species under their purview that might be in the area is American eel. Buchsbaum notes that the number of eels is declining and efforts should be taken to minimize impacts to eels. Collins notes that the species in and around the pond majority of the time will continue to exist as they are as present, after the work is com- plete, except for extreme, devastating tide conditions. Zysk informs the Commission that an archeologist was engaged early on for research at the site and that Mass Historic agreed with the recommendations to register the site as historic. An "avoidance plan" will be developed to avoid alternation to the historic footprint. Anything un- covered from the minimal excavation will be documented and properly preserved. The City Engineer is not providing a comment letter to the Commission on the work, as it is a City project. Bertoni inquires if there any other engineers the Commission should be seeking ad- vice from. Per Collins, the project has been thoroughly reviewed by the Engineering Department, to their satisfaction. Bertoni confirms no trees need to be removed and asks who is responsible for operation and maintenance of stormwater structures on Cummings property. Per Zysk, Cum- mings Properties is responsible for all maintenance on the stormwater structures. Bertoni opens the meeting to comments from the public. Lee Yaffa, 201 Elliott Landing, has concerns with the plan and effects to his residence. As witness to the water flow in the up- per /lower Shoe Pond, he is concerned about the culvert and potential flooding on Elliott Street. Collins addresses the concerns and describes that there is not a situation where the gates will hold back water and make flooding worse. The gates will mitigate the flooding of upstream prop- erties. That includes Elliott Landing, Stop n Shop, the Police Station, and other surrounding busi- nesses. Yaffa maintains concerns that the tide gates will lead to flooding. Per Collins, the City Conservation Commission May 19, 2020 Meeting Minutes Page 4 of 13 cannot install a pump drainage system as it is cost - prohibitive. Measurements have been consid- ered per the 100 -year flood maps. Yaffa expressed concern that he did not receive proper notice, but confirms that he did receive an abutter notice. Reuel Liebert, another member of the public, expresses having technical difficulties. Bertoni di- rects members the public with questions or comments to please contact Jenna Pirrotta. Pirrotta provides her contact information. Liebert enters a question in the chat relative to an analysis to what happens if the mechanical systems fail during a storm. Per Collins, the only failures would be if the gates fail to open/close. If it fails to open, the gate fails to do its job. Commissioners decide on holding a site inspection on May 23, 2020 at 8 am. Bertoni confirms that the public is welcome to participate in the site visit. There being no further questions or comments, Dines moves to continue the hearing to the June 9, 2020 meeting. Squibb seconds. The motion carries 6 -0. New: 2 Farms Lane, #5 -1298 — reconstruction of an existing deck, construction of a porch, and landscaping improvements — Josh Pinstein Pirrotta reads the legal notice. Griffin represents the applicant and discusses the site plan and the proposed work. There is an existing stream shown as perennial on the USGS map, but Griffin notes that it dries up seasonally. Griffin describes the resource areas which include the 200 -Foot Riverfront Area, 100 -Foot Buffer, and 100 -year flood zone. Griffin assures the Commission the owners do not want to do anything to detract from flood capacity. The new deck will have a slightly smaller footprint and will be as far from the stream as possi- ble. There is a slight change in grade and mitigation plantings are proposed as well as the instal- lation of No Disturbance Area markers. Landscaping improvements are proposed in several areas on the property. A peastone walkway would be added and the south portion of property will be stabilized and restored. Herbster asks if the deck has already been removed and whether the new one will be in the same footprint. Griffin notes that the old deck had stairs coming out toward the stream and the new deck stairs would be within the footprint of the deck in a different location. Griffin further dis- cusses the new porch off the north side of the house and describes new impervious surfaces. Bertoni disagrees with the labeling of the "Potential" Perennial Stream on the plan as it is mis- leading, and requests that the term "potential" be removed. Bertoni notes that the notice of intent currently under review is in response to an Enforcement Order because of unpermitted activities that began. Bertoni notes that the retaining wall was changed to create the compensatory flood storage and that none of the new structures are any closer to the stream than the old structures. Bertoni inquires if the applicant would consider planting a tree species as part of the mitigation plantings such as river birch or willow. Pinstein notes that they are amenable to other plantings if the Commission prefers. Conservation Commission May 19, 2020 Meeting Minutes Page 5 of 13 There being no further questions or comments, Buchsbaum moves to close the hearing. Squibb seconds. The motion carries 6 -0. New: 5 Wedgemere Road, 95 -1297 — construction of a building addition with associated Upurte- nances — Kirstin Lindeman Pirrotta reads the legal notice. Bill Manuell of Wetlands and Land Management represents the client and describes the proposed improvements to address wheelchair mobility inside and out- side the existing home. Proposed additions would be a sunroom, deck and patio, and associated ramps. Interior renovations include a new master bathroom on the back of the home and a small addition off the right side of the home for a wheelchair accessible bathroom. There is an offsite Bordering Vegetated Wetland at the bottom of a well - defined slope. The own- ers would like to keep the natural look of the area in the rear of the property. A maple tree is lo- cated close to the side of the house near the proposed addition and some of its roots are located within the new addition footprint. The applicant would like to retain the tree, and root pruning is proposed so that the tree would not be harmed and about 30% of the roots would be cut back. Planter boxes would be installed outside the 50 -Foot No Build Zone and an existing wire fence would be replaced with either woven wire or chain -link fence. The applicant would like to add a shed, with the exact location to be determined by zoning setbacks. Bertoni discusses the phasing of the proposed work, explaining that an Order of Conditions has a 3 -year life span, plus the possibility of extensions. Manuell concurs that the addition work is the first priority and describes the budget- driven nature of the project phasing and that not all work would be completed at once. No members of the public provided comments. There being no further questions or comments, Dines moves to close the hearing. Herbster sec- onds. The motion carries 6 -0. New: 728 Cabot Street, (DEP file 95 -1299) — enja way renovations, landscaping improvements, and sewer connection — Thomas Berube Pirrotta reads the legal notice. Manuell represents the client and describes the work. The appli- cant began demolition work but was issued a cease and desist order by the Municipal Inspections Department as Conservation Commission approval was not yet issued. This is partially an after - the -fact filing. The entire property is within the buffer zone, with the 25 -Foot No Disturbance Zone line bisecting the property and the 50 -Foot No Build Zone encompassing the whole prop- erty. The front and back decks were and already removed. The cesspool was removed and taken offsite. The owner will connect to the City sewer and plans to replace the front stoop, repair /paint siding, install a new roof, and add a walkway to connect to the existing driveway. An additional 192 square feet of new pavement would be mitigated with a new stone infiltration trench. Commissioners discuss the change in impervious surfaces and discuss leaving some of the area to naturalize along the edge of the stream. Tom Berube the applicant, is amenable to planting shrubs per the Commission's suggestions. The Commission directs Berube to save existing trees and to include a plant list for mitigation. The Commission encourages Berube to clear as much of Conservation Commission May 19, 2020 Meeting Minutes Page 6 of 13 the invasive species as possible within the property limits. Berube confirms he will add loam /top soil and encourage retaining the current vegetation and removal of the bittersweet vines. Squibb inquires if there is anything on file for the property, Pirrotta confirms there is not. Discus- sion moves to the intermittent stream to which Manuell affirms is within a defined slope. The Commission discusses the proper disposal of the septic system and question whether the Board of Health was contacted. They also question if any additional approval is needed for the in- creased driveway width. Manuell confirms this does not increase the City curb cut size. There are no comments from the public. There being no further questions or comments, Buchsbaum moves to close the hearing. Dines seconds. The motion carries 6 -0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Buchsbaum seconds. The motion carries 6 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 886 Hale Street — new residential gas service — Boston Gas Company d/b /a National Grid Dana Vesty of Tighe & Bond represents National Grid for installation of new resident gas ser- vice line. Vesty describes the proposed trenching, exit and entry points and other protective measures to ensure the impacts are temporary and construction will not impact the stream or wet- lands_ Commissioners discuss the placement of the pipeline and inquired if a site visit was performed. Pirrotta reports she did not conduct a site visit but had recently seen the area from the street. Squibb drove by the property and notes that the gas line work is straightforward, but he observed other renovations occurring on site, with equipment near the wetlands. Bertoni said the site has building permits issued from the City for work on site. Bertoni suggests reviewing a copy of the building permits and submitted plans. Bertoni requests that Pirrotta contact the building depart- ment over construction concerns near the wetlands. Commissioners further discuss the directional drilling under the stream and any mitigation or protective measures taken if they hit ledge. Per Vesty, if rock is hit then it is necessary to bore deeper around the rock. Vesty confirms drilling will go around the culvert and discusses how to protect the culverted area. The Commission noted the drilling and trenching will occur within the existing driveway with the exception to the part going through the lawn to connect to the house. Bertoni lists conditions to include: providing information on monitoring HDD specifications; in- stallation of erosion controls; removing asphalt from site; limiting repaving to the existing foot- print; having a spill kit on site; and parking construction vehicles outside buffers, for the night. There being no further questions or comments, Dines movies to issue a Negative 2 and 3 Deter- mination with the conditions as discussed. Buchsbaum seconds. The motion carries 6 -0. Conservation Commission May 19, 2020 Meeting Minutes Page 7 of 13 REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont: 35 Standley Street, DEP 95 -704 — improve driveway and student drop- off /pick -up areas, add parking lot, relocate tennis court — Waring School Per Pirrotta, there is no new information for the Commission to review. Hancock Associates is working on a revised submittal and the stormwater trench work is completed. Dines moves to continue to the June 9, 2020 meeting, noting that there is no applicant or consultant present. Herbster seconds. The motion carries 6 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — construct a single- family residence with associated driveway, utilities, and landscaping — MPM Companies, LLC (continued to 6130120 meeting) This request was previously continued to the June 30, 2020 meeting, by request of the applicant. There is no action for the Commission to take. Cont: 32 Dunham Road, DEP 95 -500 — building addition and parking area — Essex County Newspapers, Inc. The Commission received a request from the consultant to continue this item to the June 9, 2020 meeting. Dines moves to continue to the June 9, 2020 meeting. Squibb seconds. The motion car- ries 6 -0. New: 21 Riverview Street, DEP # 5 -1012 — Construct dock, pier, arse, patio, landscape im- provements — Charles Mann The applicant is not present. Dines moves to continue this item to the June 9, 2020 meeting, not- ing there is no applicant or consultant present. Grandoni seconds. The motion carries 6 -0. OLD/NEW /OTHER BUSINESS Modification to Order of Conditions New: 63 Lothrop Street, DEP File #5 -1282 Sanford Freiberg, property owner, updates the Commission on the work that has already begun and the proposed changes to the approved plan including modifications to the patio, walkway, and stairs. Bertoni mentions the special condition requiring documentation of the drainage fea- tures and requests that the photos be submitted at the appropriate time. There being no further questions or comments, Squibb moves to issue the Minor Modification to the Order of Conditions, as proposed. Dines seconds. The motion carries 6 -0. Enforcement Orders Cont.: 10 Tall Tree Drive (continued to 6130120 meeting) This item was previously continued to the June 30, 2020 meeting and there is no action for the Commission to take. Conservation Commission May 19, 2020 Meeting Minutes Page 8 of 13 Cont.: 82 River Street Michael DeRosa of DeRosa Environmental represents the client and provides an overview of the unauthorized work that took place and the plan to restore the area. Moynihan Lumber proposes to install a concrete block wall to act as a barrier before the river bank at the edge of the pave- ment. Areas of the boulders will be supplemented in order to meet the existing elevation of the paved parking area. The area seaward of the block wall will be replanted with native plants and seeds. DeRosa describes a mixed native grass planting scheme that would be tolerant to harsh coastal conditions that are present at the site. Squibb inquires to the space at the top of the bank looking to see if there is a public walkway or boardwalk possibility. Pirrotta speaks to the letter submitted by the Open Space and Recreation Committee (OSRC) to the Commission regarding a possible public access easement in this loca- tion. DeRosa will take the request back to the applicant for further review and consideration. Bertoni asks about the storm water runoff and catch basin; DeRosa confirms the overflow will go into the existing catch basins. Bertoni notes the plan is a work in progress and notes applicant will get in touch with the OSRC regarding a possible easement. There being no further questions or comments, Squibb moves to continue to the June 9, 2020 meeting. Dines seconds. The motion carries 5 -0. Buchsbaum abstained due to technical difficul- ties. Cont: 112 Valle Pirrotta presents photos, GIS overview, drawing of retaining wall, plan, and revised letter from the applicant. The information was new at the time of the meeting, as it arrived in the mail earlier the same day and the Commission did not have time to properly review the materials. Squibb moves to continue to the June 9, 2020 meeting. Grandoni seconds. The motion carries 6 -0. Potential Violations Cont. 98 Valley Street, Eric Swanzey Bertoni recaps the site visit on May 16, 2020. Eric Swanzey, property owner, will remove one - half of the amount of stones present in the stream bed. Bertoni proposes the home owner estab- lish a method to monitor the area and the water levels in the stream. Per Swanzey, there's a sur- veyor's pipe in the area to use as a reference point. Pirrotta will also visit site and provide photos. New 22 Hobart Street Information was submitted in advance of the previous meeting from the property owner at 20 Hobart Avenue regarding concerns about reconstruction of the house on 22 Hobart Avenue in the early 2000s without approval from the Conservation Commission. Concerns were raised relative to changes to impervious surfaces and runoff from the site entering adjacent properties and there Conservation Commission May 19, 2020 Meeting Minutes Page 9 of 13 is no information in the file relative to approval of the work. The Commission previously submit- ted a letter to the homeowner regarding improper snow disposal and questions on other permits issued at the site. The property owners' attorney noted that all authorizations were issued, but did not further clarify any Conservation Commission approvals. Emily Barnes, 20 Hobart Avenue, is present but is not prepared to speak without legal represen- tation. Squibb suggests site visit. Bertoni notes the residents of 22 Hobart Street must receive no- tification of a site visit. Barnes grants the Commission permission to view the area from her property. The Commission schedules a site inspection for Saturday, May 23, 2020 at 9 am. Dines moves to continue to the June 9, 2020 meeting. Buchsbaum seconds. The motion carries 6- 0. 61 Crnq-. Lane The Commission received a call from an abutter regarding tree removal and raking within wet- lands at this property. Pirrotta spoke to the homeowner about the jurisdictional areas, and noted they recently filed a Building Permit application for deck replacement that would need Conser- vation sign off. Members discuss the need to file an RDA and that no violation order should be issued. Any necessary conditions could be implemented under a Determination of Applicability. 7 Meeting Place Lane, Kristin Paddock Pirrotta describes a 2018 approval for the removal of 4 trees at the property and receipt of a com- plaint from an abutter about vegetation clearing near wetlands. Pirrotta held a site inspection and was presented with an email from Iron Tree and the previous Conservation Agent appearing to provide approval for the removal of 6 -8 cherry trees. This email was altered from the same email in the Conservation Commission files which noted approval of the removal of 4 trees. Pirrotta reports that the additional trees and understory vegetation were removed and raked clear within the Buffer. Paddock reports that she did not edit the original email. Bertoni suggests properly mitigating the unapproved tree removal and vegetation clearing. Paddock speaks to her desire to replant in the area where the dying cherry trees were located and describes the area as congested with bittersweet and poison ivy. Paddock notes they would like to plant a northern pine tree. Ber- toni informs the home owner they must submit a planting plan. Paddock inquires if they can pro- ceed immediately with replanting the area. Pirrotta explains the process and informs Paddock they will need to present a plan for the Commission to approve before planting. Buchsbaum moves to issue an Enforcement Order with the conditions as discussed. Dines sec- onds. The motion carries 6 -0. Tree Removal Requests There are none to report. Minor Project Permits, If Any Conservation Commission May 19, 2020 Meeting Minutes Page 10 of 13 17 Noble Hill Road- Pirrotta reports she issued a Minor Project Permit for the replacement of an existing above ground pool, greater than 50 feet from the resource area. There were no objec- tions from Commissioners. Cont.: Waring School soccer field encroachment There are no updates. Bertoni recalls that a letter from the Commission was sent to the Solici- tor's Office on April 27, 2020 and a copy is located in the Commission's Google Drive folder. Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport So- lutions Group /Airport Manager Pirrotta reports she received a response from the Danvers Conservation Agent that they will look into how their town reviews the vegetation management as well. Danvers also received notifica- tion from a consultant hired by the airport to replace the perimeter fencing. Other Business The City is planning to submit a Coastal Zone Resiliency grant application for a feasibility study for infrastructure improvements at Obear Park. Commissioners note that a finite plan is not yet available and the study would identify options. The Commission agrees to submit the letter of support for the application. Expenditure Approvals, If Any Pirrotta reports there are no expenditures for review for this meeting. ORDERS OF CONDITIONS 728 Cabot Street, (DEP file #5 -1299) — Thomas Berube The Commission suggests including standard state and local conditions, standard perpetual con- ditions, and special conditions relating to the following: 1. A copy of the final revised plan showing planting plan shall be provided to the Commis- sion for approval prior to construction. Per discussion with the applicant and the appli- cant's representative at the May 19, 2020 meeting, the plan shall include native plants along the edge of the property and possible removal of bittersweet vines, if it is deter- mined that the vines are located within the property boundaries. 2. All debris and extraneous construction materials shall be removed at the completion of work for proper off -site disposal. 3. The 36" diameter tree in the rear yard shall not be removed. Efforts shall be made to pre- serve the health of the tree during construction. 4. As discussed with the applicant and the applicant's representative at the May 19, 2020 meeting, the vegetation within the perennial garden near the rear of the property shall re- main in place, instead of converting to mowed lawn. 5. Information shall be provided for the file that the existing septic tank/cesspool was re- moved in accordance with Title V requirements. Buchsbaum moves to issue the Order of Conditions as discussed, under both the Wetlands Pro- tection Act and the Beverly Wetlands Ordinance. Dines seconds. The motion carries 6 -0. Conservation Commission May 19, 2020 Meeting Minutes Page I1 of 13 New: 5 Wedgemere Road, #5 -1297 — Kirstin Lindeman The Commission suggests including standard state and local conditions, standard perpetual con- ditions, and special conditions relating to the following: 1. Excess soils and debris shall be removed and properly disposed of offsite. 2. The replaced fence shall be constructed so as not to be a barrier to wildlife movement. 3. The red maple tree in the side yard shall be retained if possible and the roots shall be pruned where they would interfere with the building addition foundation. Dines moves to issue the Order of Conditions as discussed, under both the Wetlands Protection Act and the Beverly Wetlands Ordinance. Squibb seconds. The motion carries 6 -0. 2 Farms Lane, #5 -1298 — Josh Pinstein The Commission suggests including standard state and local conditions, standard perpetual con- ditions, and special conditions relating to the following: 1. Prior to construction, a revised file plan shall be submitted that removes the "potential" perennial stream notation from the plan. 2. The Commission shall not issue a Certificate of Compliance until the mitigation plantings exhibit 75% survivorship for not less than two growing seasons after their installation. A complete Certificate of Compliance shall not be issued until said survivorship is verified. 3. There shall be no mulching or mowing in the mitigation planting area and the area shall be allowed to naturalize. This condition shall be on going beyond the issuance of a Certif- icate of Compliance. 4. The mitigation plantings shall be installed prior to construction. Invasive species may be treated in the mitigation area. Herbicides approved for application near aquatic areas may be applied as necessary. 5. The planting plan shall include the addition of two or more native trees, such as river birch. A copy of the revised planting plan shall be submitted to the Conservation Admin- istrator for approval, prior to installation. 6. Weather resistant signs or monuments, bearing the following language on their upland side "Protected Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly Conservation Commission" shall be installed as shown on the plan. 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 visibility in the field. 7. The markers as described in Special Condition 94 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. 8. The soil fill and any other debris or spoils shall be removed and appropriately disposed of off -site. The soil fill shall be removed to the previously existing ground level, with photo documentation during construction showing the existing ground level. 9. If in the future there are plans to pave the driveways or walkways or otherwise change the surface to an impervious surface, this will need review and approval by the Conservation Commission. Dines moves to issue the Order of Conditions as discussed under both the Wetlands Protection Act and the Beverly Wetlands Ordinance. Squibb seconds. The motion carries 6 -0. Conservation Commission May 19, 2020 Meeting Minutes Page 12 of 13 7 Juniper Valley Court, #5 -1295 — Alexander & Emily Kontos The Commission suggests including standard state and local conditions, standard perpetual con- ditions, and special conditions relating to the following: 1. The restoration plantings shall exhibit 75% survivorship after 2 growing seasons post- in- stallation. The Commission may withhold the issuance of a complete Certificate of Com- pliance until survivorship can be verified. 2. Vegetation along the stream shall not be disturbed and there shall be no mulching or mowing in the mitigation planting area and the area shall be allowed to naturalize. This condition shall be on going beyond the issuance of a Certificate of Compliance. 3. All demolished materials, excavated soils, or other related debris shall be stored or stock- piled outside jurisdictional resource and buffer zone areas, if not immediately removed from the site and be removed and appropriately disposed of off -site. 4. Not less than three weather resistant signs or monuments, bearing the following language on their upland side "Protected Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly Conservation Commission" shall be installed along the 25- Foot No Disturbance Zone. 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. 5. The markers as described in Special Condition 94 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. 6. Staked erosion controls shall be installed down - gradient of the proposed work, as shown on the approved plan, and shall serve as the limit of work. 7. No blasting is allowed under this Order of Conditions; if it is later determined that blast- ing is required, the applicant shall return to the Commission for review. 8. Additional plan detail depicting the measures to address roof runoff shall be submitted to the Conservation Administrator prior to installation. 9. Clean shall be placed beneath the deck and this shall be monitored after installation to as- sess erosion issues on the slope. 10. The areas surrounding the patio shall be monitored for one year post - installation to assess any erosion issues and measures shall be taken to address the erosion if necessary. 11. Work at the rear of the house shall be conducted with hand held tools, with no construc- tion vehicles located next to the slope. Dines moves to issue the Order of Conditions as discussed, under both the Wetlands Protection Act and Beverly Wetlands Ordinance. Squibb seconds. The motion carries 6 -0. Cont: 451 & 453 -455 Essex Street, DEP #5 -1287 —Jeff Fazio, Fazio Enterprises, Inc. The Commission recaps the earlier discussion, including the intermittent status of the streams on the site and moving wetland flag A -13 8 feet to the north. Buchsbaum moves to issue an Order Resource Area Delineation (GRAD) as discussed, under both the State Wetlands Protection Act and Beverly Wetlands Ordinance. Dines seconds. Bertoni and Squibb vote No. The motion carries 4 -2. Conservation Commission May 19, 2020 Meeting Minutes Page 13 of 13 ADJOURNMENT Buchsbaum moves to adjourn the meeting at 11:55 pm Dines seconds. The motion carries 6 -0. The next meeting of the Conservation Commission will be Tuesday, June 9, 2020.