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2007-11-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present November 13, 2007 Conservation Commission Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Vice Chairman Tony Paluzzi, Gregg Cademartori and Bill Squibb Members Absent: Chair David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi called the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. Certificates of Compliance New: L.P. Henderson Road & Cabot Street - DEP File #5-774 - Vitale Flv Ash Proiect - National Grid Maxner explains that the order governed the reconsolidation of the eroded fly ash from the Airport Brook and surrounding wetlands back onto the Vitale Site and restoration of approximately 16 acres of wetland resource area. She notes that NEPCO and their wetlands consultant are requesting a partial certificate to close the Order of Conditions as the work is complete and the wetlands and water quality monitoring are ongoing per their state and federal permits. She also explains that they will be back in three (3) years for a complete Certificate of Compliance after monitoring the plantings. She also noted that a partial Certificate was issued by the Wenham Conservation Commission as well. Johnson notes that there is an increase on the level of phosphorus in the Airport Brook according to the Water Supply Board's letter. Anne McMenemy, wetland scientist from ERM, stated that they feel that there are a number of reasons for that and that it will eventually subside. She explains that she thinks that the fertilizers used on the new athletic fields might be the cause and suggests that they could modify that to use a more slow releasing fertilizer. She states that they would work with the city to solve that. She also states that there is Duck Weed present and that is high in phosphorus. Johnson asked if there are any new sources of phosphorus. McMenemy states that she believes some of it is new and they are reviewing data collected from Haley and Aldrich. She also notes that soil could be another source could be the soil as it is high in nutrients Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 2 of 15 to support growth. She also explains that there are slow release pellets in the plants and the surrounding loam is high in nutrients. She also notes that the lack of rain and the lack of flushing should be considered noting that there has not been a normal cause and effect and they feel that several different sources have contributed. Paluzzi asks how long it will take to go away, noting that he feels that we need to get a handle on this and find out where it is coming from. Squibb notes that the Commission was not cc'd on this correspondence. Elizabeth Greene, from National Grid, explains that SBWSB sent a letter to National Grid and they responded to them. She states that they will "cc" the Commission on all correspondence if they so wish. Squibb requests that they do so. He also requested that the SBWSB also copy the Commission on all correspondence as well. Maxner will contact them and request for them to do so. Greene explains that surface water sampling is done on the site and she will include phosphorus testing as well. Maxner notes that the Army Corp of Engineers is monitoring the site and questions if they require a certain level of plant survival. Greene states that she is not sure noted that they are aiming for 80%. She states that she will review the report with Maxner when it is done. Maxner reviews the Order of Conditions relative to special conditions and notes that nothing is out of the ordinary and they met all of the conditions. She notes that there is no stormwater management on the site. Hayes asks Maxner if she thinks that the way the Wenham Conservation Commission handled this is appropriate. Maxner states that she is comfortable with that. There being no further questions or comments regarding this matter, Johnson moves to issue a partial certificate of compliance for L.P. Henderson Road & Cabot Street - DEP File #5-774 - Vitale Fly Ash Project - National Grid. Hayes seconds the motion. The motion carries 6-0. New: 147-183 West Street - DEP File# 5-880 - West Street Association Maxner explains that the Order governed the installation of sewer, gas and water utilities within the existing right of way. She notes that the contractor remained in close contact throughout most stages of the project and remained in compliance with the Order of Conditions. She notes that the only deviation from the approved plan was the road was paved once the work was completed. She notes that the paving of the road was not discussed during the approval process. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 3 of 15 John Quill, contractor for project, addresses the Commission and explains that new three inch paving was installed to replace the broken paving present before the project started. Johnson states that it sounds like they replaced the paving that was there before it was broken up. Quill agreed noting that 1000 feet needed to be corrected. Paluzzi asks if they plan to install a binder coat or a finish coat. Quill explains that there is a tight binder there now and he is not sure if they are going to put a topcoat on or not. He explains that if they do it would be one inch. Reilly clarifies that no new areas were paved. Quill explains that they matched existing widths and put three inches down. Maxner recalled that the Commission talked about the road with John Dick during a hearing on a modification. Hayes expresses his concern about the process noting that they came back to the Commission for a modification but did not include the paving of the road and he sees that as something they needed Commission approval for. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 147-183 West Street - DEP File# 5-880 - West Street Association. Hayes seconds the motion. The motion carries 6-0. Cademartori states that a letter should be attached the Certificate stating that any further paving must be reviewed and permitted by the Commission. ReQuest for Determination of Applicability New: 85-87 Boyles Street - DEP File # 5-968 - City of Beverly Maxner reads legal notice. Maxner explains that the applicant, the City of Beverly, is proposing to install two new catch basins within Boyles Street and associated 8" PVC drain pipe with a terminal discharge into a stream. Eric Barber of the City of Beverly Engineering Department addresses the Commission and explains that the request is being made on behalf of the resident at 85 Boyles Street. He explains that in 2003 the City did some road repairs in the area and his yard gets flooded. Barber explained that they will be installing a line with two catch basins that will discharge stormwater into the brook. He notes that this falls within the City's layout. He also notes that the project does not meet all of the specifications that they typically like in a drainage project. He also noted that they will be installing curbing to the driveway at 87 Boyles to direct the flow to the catch basins. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 4 of 15 Hayes asks if the catch basins will be in the street. Barber states yes and explains that they will be installing four-foot sumps beneath the invert of the pipe. He explains the plans for the new design to the Commission. He notes that there is less than a foot between the bottom of the brook and the pipe. Hayes asks where the water went before the road construction in 2003. Barber states that it was a similar situation but they fixed the crown of the road. Hayes asked if the amount of water would cause any erosion to the bank of the river. Barber explains that a portion of the pipe will lay on the ground surface and discharge along 3-4 feet of the bank. He states that there is a chance that it could cause some erosion unless a headwall is built. Reilly suggests that the Commission visit the site. Maxner notes that the next meeting of the Commission is January 8, 2008 and asked how soon they will be doing the project. Barber states that there are no plans to do the work at this time, noting that there is no money in the budget for the project. Hayes suggests that the Commission table the matter until it is really going to happen noting that the idea of an RDA is that there would be minimal impact. Cademartori agreed noting that he is not sure that an RDA is appropriate because of the new discharge. Maxner suggests that the Commission issue a positive determination #3 & #5 and explains those findings. Paluzzi asks if there is any public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, Johnson moves to issue a positive determination #3 and #5. Reilly seconds the motion. The motion carries 6-0. Hayes moves that the Commission recess for public hearings. Johnson seconds the motion. The motion carries 6-0. Cont: Various Streets - Draina2e Improvements Throu2hout the North Beverly Brook Draina2e Area - City of Beverly Roland Adams addresses the Commission and makes a power point presentation on the North Beverly Drainage Improvements. He notes that the area encompasses about 1,000 acres and explains the area. He explains that they propose to add a new drain to the Cummings Center and explained the location on the plan. He explains that the new design will maintain access to the road for both ends of the campus. He also notes that they will be cleaning culverts all the way to Cabot Street and they will be cleaning the channel from Beverly High School to Johnny Appleseed's. He also explains that they will be installing a small amount of pipe on Lexington Drive. Adams explains that they will be installing a new 48" pipe on Tozer Road crossing 128 to Kinsman will all new pipe. He reviews the existing drainage system and noted that the Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 5 of 15 area flows down from Kinsman and the water backs up in the system. He explains that the drainage system will dump into the new 24" pipe and that should correct the problem. He noted another area on the plan that flows to Kinsman and they plan to install a pipe down Walden to redirect it to a 48" relief drive. Adams also explained that they will be replacing an existing pipe on Sonning Drive that is in poor condition. He notes that the flow is currently being redirected to a 48" pipe. Adams states that there is a series of pipes that flow under the Cummings Property to lower the Shoe pond. He states that the object of the new 48" pipe through the Cummings property is to capture the flow north of Balch Street and explained the current drainage route. He explains that they want to capture the flow as it crosses Balch Street in large storm events to lower the Shoe Pond, which flows to into the Bass River. Paluzzi opens the hearing up for public comment at this time. Mr. McDonald of 7 Kinsman Street addresses the Commission and asks how far east of Kinsman is the 48" pipe going. Adams explains that the pipe is going up to a manhole near the end of Kinsman near the wetland. He states that the 48" pipe is a significant diversion of water and the pipe under the railroad would create problems for Sonning and Lexington. McDonald also states that he is concerned about flooding on his property. Maxner asks how large a storm event this is planned for. Adams states that it is designed for a 10-year storm which is standard for Beverly. Pam Kampersal, 241 Dodge Street, notes that there is another drainage project going on near the Vittori Rocci area and whether this has anything to do with this project. Adams states that it is a different project. Kampersal notes that the Mayor is proposing an interchange for the 128 area and that will have to flow back to toward North Beverly Brook and has that been considered. Adams notes that the 48" pipe in the Cummings Center will add additional capacity in anticipation of future development. Kampersal questions how the pipe would stay clear preventing animals and clogging of the pipe. Adams stated that there is a maintenance plan but he is not sure if that is addressed. Joan Murphy of36 Longmeadow Drive addresses the Commission and expresses her concerns about the size of the pipe toward the High School side of the railroad tracks. Adams states that it is not going to be changed. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 6 of 15 Murphy asks that they excavate the stream close to 128 along Longmeadow to see if there are any restrictions. She notes that she has seen more standing water for longer periods of time and she would like to know why that has changed in the last five or six years. Roland Adams states that the City has taken aerial photographs over a long period of time and they show that the area was once farmland. Roland Adams states that he is trying to set up a meeting with DEP to address their issues. He states that he would like to make this presentation to them to clarify some Issues. Councillor Maureen Troubitaris addresses the Commission and asks how they clean the pipe. Roland explains the maintenance plan. Adams states that they during the feasibility study samples were taken within the culverts that have to be further tested. He notes that the Cummings Center pipes were 60% blocked. He also explains that the City is not using as much sand for deicing and noted that they are using more chemical processes. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to January 8, 2008. Squibb seconds the motion. The motion carries 6-0. Cont: 59 Paine Avenue - DEP File #5-965 - Windover Development LLC Tom Mannetta addresses the Commission and explains that they presented the plan at the August and September meetings and the Commission held a site walk. He explains that single-family house and the driveway are located within the 100-foot buffer zone. He notes that they have made adjustments to the plan to address both the abutters' and Commission's concerns. Mannetta explains that they have reduced the size of the house and the length and extent of the driveway. He also notes that they have pulled back from the edge of the wetland. He explains that 50 feet is the closest point of the hay bale line and the limit of work line is shown on the plan. He explains the plans and notes that there is a low spot at the edge of the driveway and they plan to remove topsoil and create a larger area for runoff. He compared the original plan to the revised plans. He notes that they have redesigned the house to have the garage under the house. Mannetta located major trees on the plan and notes which ones will remain on the site. Johnson notes that it appears that they have identified big trees and little trees and there would be no clearing east of the hay bales. Mannetta states that is correct. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 7 of 15 Reilly clarified that the only trees to be cut are to construct the house. Maxner notes that anything inside west of the hay bale line will be cut. Paluzzi asks how the water gets to the driveway. Mannetta states that it is sheet flow and explains the layout of the driveway. Paluzzi opens the hearing up for public comment at this time. John Updike of 675 Hale Street addresses the Commission and notes that the house is being advertised as a pond view and asks if there is a clear view of the pond from the house. Mannetta explains the location of the house on the plan and the area. Updike states that this plan is a big improvement from the original one presented. A resident of Paine Avenue addresses the Commission and expresses his concerns about flooding on Larkin and Paine Avenue. Mannetta explains that they are excavating 12" to allow for more flood storage. The resident questions if there is an engineering study that shows that 12" is enough. Manetta states that they used the size of the roof to determine the size of the infiltrators. He also notes that the storage area is going to be seeded. Martha Updike of675 Hale Street addresses the Commission and asked if they would be monitoring the cutting of the trees. Maxner explains that she will have a preconstruction meeting with the developer before any work starts to review the do's and don'ts. She suggests that if anyone sees any work being done outside of the limit of work area they should contact her. Hayes expresses his concern that the bigger issue is the future owners of the house not abiding by the conditions of the Commission. Squibb suggests that the 100 foot buffer zone should be marked in perpetuity. Cademartori suggests that a one page statement should attached to the deed explaining how the no disturb zone is regulated. John Updike addresses the Commission again and asks what the height of the house will be. Mannetta states that it will be no taller than 35 feet high which is allowed by ordinance. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Cont: 7 Melvin Avenue - Raze and Construct a Sin2le Family House. Driveway. Utilities. and Landscapin2 - Owen Mysliwy Bob Griffin addresses the Commission and notes that the hearing was opened at the last meeting of the Commission and a site visit was held on November 3,2007. He explains Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 8 of 15 that they have made a few adjustments to the plan as the result of the site walk. He explains the revised the plan and notes that they have relocated the garage, added shrubs between the lawn and the salt marsh, and will remove debris on the property. He also noted that they have proposed measures to improve infiltration such as porous pavers. Griffin also notes that there is an easement for the City of Salem and it is still uncertain as to whether there is a pipe there. Paluzzi asks if the house is going on the existing foundation. Griffin states that they may use a bit of the foundation but more than likely they will replace the entire foundation. Maxner asks if they have gone to the ZBA with this proposal. Griffin states that they will be presenting to the ZBA at the December or January meeting but that the application is in. He explains that they are seeking a variance from side yard setbacks. Paluzzi asks if they are proposing to put the deck on piles. Griffin states that it will be on posts. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 6-0. New: Behind 235 Dod2e Street - Norwood Pond Dam Repair - DEP File # 5-970- City of Beverly Maxner reads legal notice. Michael Geisser, Alliance Environmental, addresses the Commission and explains that the City of Beverly is proposing the repair and expansion of the existing dam to Norwood Pond that is damaged. He explains that the condition of the dam is unstable and the renovations recommended will correct that. He reviews the history of the dam and notes that they are proposing to restore the side wings of the dam to avoid further problems. Geisser explains that the existing dam and spillway will remain and notes that there has been erosion and scouring. He explains the plans and the benefits of the work proposed. Mike Collins, DPW Director, explains that the dam was built in the early 50's. Hayes asks to have the construction process explained. Collins explains that they would work during the low flow period, and use a coffer dam and install a sump pump to work in the dry. He states there is no footing needed, and the wings would be concrete cast in place. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 9 of 15 Hayes asks how long the project will take from start to finish. Collins estimates that it will take about a month to complete. Paluzzi opens the hearing up for public comment at this time. Pam Kampersal 241 Dodge Street addresses the Commission and expressed her concern that the Norwood Pond Association sent a letter to Mayor Scanlon and never got a response. She referred to a report by DEM and reviewed the recommendations made in the report. She also requests that she would like a formal emergency plan with an emergency warning system to alert the neighborhood down stream. She also states that the culvert pipe under Dodge Street is eroded and needs to be fixed. Geisser referred to the DEM report of 11/06 and notes that the dam was categorized as a hazard level 2 dam. He explains that if the dam fails the level of the pond will go lower and there is a question that it may fill up to Dodge Street for a period of time. Kampersal also noted that the Norwood Pond Association has also been asking for a copy of the report issued in 11.06. Members stated that she would like a copy of the report as well. Geisser stated that an operation and maintenance plan for this dam will be implemented. Cademartori noted that the City owns the dam and the bounds will have to be determined by the deed of the abutting property. Mike Collins explains that the construction of the dam and the width, as well as the auxiliary spillway that connects it to another dam that functioned well during the Mothers Day storm. Maxner suggests that the Commission visit the site. Reilly agrees. Maxner also states that she is going to need some calculations of the resource impact of the banks and the land under water. Ann Cole of 13 Whirling Drive addresses the Commission and expresses her concerns about flooding that has been occurring for 30-40 years in her backyard. Collins reports that the City monitors the dam regularly. Geisser states that when the stop log problem is corrected MS.Cole's problem should be relieved. He also notes that the precipitation levels are the lowest they have been in quite sometime so something should be done soon. A resident addresses the Commission and questions if they have found any beaver problems with the dam. Collins states that they have no beaver problems with this dam. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 10 of 15 Kampersal addressed the Commission and asked if Norwood Pond is on the list for the Army Corp of Engineers list as a dredging project. Collins states that they have talked about it but the Army Corp has levy problems in Louisiana and California to address and suspects that Norwood Pond is not a priority. Michael Lunt of233 Dodge Street addresses the Commission and questions whether we should be giving some consideration to letting the water flow through the summer and how do they measure the height of the dam? Collins explains that from the tip of the spillway to the top of the dam is 56' and reviews the measurements. Kampersal asks Collins if he can assure people that the dam won't break. Collins states that he cannot make that kind of promise. There being no further questions or comments Hayes moves to continue the public hearing to January 8, 2008 pending a site inspection scheduled for Saturday December 1, 2007. Reilly seconds the motion. The motion carries 6-0. New: 105-107 Preston Place / Pole Swamp Lane - John Soursourian Maxner reads legal notice. Peter Ogren of Hayes Engineering addresses the Commission and explains that they are proposing to improve the existing Pole Swamp Lane right of way for an ANR 4 lot subdivision that will be submitted to the Beverly Planning Board. He explains that they are proposing to layout the way, 40 feet wide layout, 18 feet of pavement with a T type turnaround. He also states that they are proposing to pave a simple crown and explains the direction of the runoff and the location of the drainage point. Ogren notes that a small portion of the land is in Manchester and they have filed an NOI with the Manchester Conservation Commission as well. Ogren states that there is a BVW on the site and a small amount of work will be done in the buffer zone. He also states that the project is too small to require storm water management so they have not proposed anything other that the crown section of the roadway. Hayes notes that they may not be required to meet the stormwater regulations of the state but they do have to meet the City of Beverly requirements and under the Beverly Wetlands Ordinance it is his interpretation that the stormwater standards apply, no matter what the size of the project is. Mr. Soursourian explains the plan and the area in question as far as stormwater runoff. Maxner notes that it is hard to tell because there is so little topography on this plan. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 11 of 15 Cademartori asks why they claim to be exempt from the stromwater policy. Ogren states that it is a roadway for 4 lots or less and that does not trigger the policy. Hayes suggests that the Commission hold a site visit. Hayes notes that it appears that the turnaround goes into the 100 foot buffer zone and asks how far. Ogren reviews the plan and measures out the area. Paluzzi opens the hearing up for public comment at this time. Rene Mary asks if the project has been looked at in the riverfront area. Maxner states that she has made a couple of observations during the summer and late fall, but a drought advisory was put in place in October and she thinks that the stream is probably perennial based on the USGS map and the very dry weather of late. Pam Kampersal addresses the Commission and notes that the Open Space Committee wants to make sure that none of this will affect the public right of way to access Pole Swamp Lane. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to January 8, 2008 with a site inspection scheduled for Saturday December 1, 2007. Reilly seconds the motion. The motion carries 6-0. New: 480-486 Rantoul Street - Construct Parkin2 Lot - Force Realty. LLC Maxner reads legal notice. Peter Ogren of Hayes Engineering addresses the Commission and explains that two meetings ago they presented a restoration plan and the work has been completed pursuant to an Enforcement Order (EO) issued for cutting of vegetation on site. He reviews the location of the work and reviews the site plan. He notes that they wish to fill 577 s.f. of IVW with 580 s.f. of replication.. He notes that the application was filed under the Beverly Wetlands regulations and not the state regulations, as there is an IVW. He notes that historically a flow on the site discharged by the United Shoe and out the Bass River. He explains that a pipe was installed 20 years ago to pipe the brook and was diverted around the building. He also states that they will enter the City of Beverly drainage system and they have met with the City Engineer and it has been determined that there is no capacity problem. Squibb questions whether the Beverly Planning Board has granted Site Plan Review approval. Ogren states that the Planning Board has approved the project already. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 12 of 15 Hayes recalls a discussion on the previous RDA application regarding the reconfiguration of the wetland, but he would rather that a little leeway be given with regards to the 25 foot no disturb zone. Cademartori notes that the quality of replication that was on the site and what is presented in this plan is a little different that what he anticipated. Ogren states that if the 2-1 replication is an important feature they could add additional wetland square footage and noted the potential locations on the plan. Squibb asks how the replication affects the abutters. Ogren states that they have changed the geometry a little but there should be little impact. Ogren states that the replication area on the plan is what the applicant proposed and what was approved by the Commission under the EO. He further states that he thinks it is unfair that the Commission approved this and now they want it in a different location. Hayes suggests that the Commission visit the site and continue the public hearing. Paluzzi opens the hearing up for public comment at this time. Nancy Scialdone of 478 Rantoul Street addresses the Commission and expressed her concern that what was done was not what she expected. She states that someone planted 20 ferns on her property and they needed an easement from her and it places a new burden on her property. She states that this has created a hardship for her and the investment she made in her property. She closed by saying that she is opposed to the replication area in its present location. Paluzzi agrees that the Commission should visit the site. The Commission will hold a site visit on December 1, 2007 at a time to be determined. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to January 8, 2008. Reilly seconds the motion. The motion carries 6-0. ReQuest for Determination of Applicability New: End of Nelson Avenue - Construct Access Driveway - Matthew Power Maxner reads legal notice. Tom Keough of Hancock Environmental addresses the Commission and explains their proposal to improve an existing access drive to service a proposed single-family house to be located in Wenham. He explains that the plan submitted is the full site plan for the Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 13 of 15 project. He also notes that an NOI was filed with the Wenham Conservation Commission. Keough explains that they will use the driveway to access the house, which will be located in Wenham and it will not be paved but kept as a gravel drive. He explains that it is the buffer zone of an isolated wetland that is in Wenham but the buffer zone spills into Beverly. Hayes states that it seems like there will be a small impact on the Beverly side of the site. Johnson suggests a site visit. Paluzzi states that he doesn't think a site visit is needed since there is such minimal impact. Squibb states that it appears to really be a path. He asks how much further does the property run. Keough states that the site is 26 acres. Cademartori asks Maxner if she has visited the site. Maxner explains that she has walked the site and looked at the wetland next to the railroad tracks but could not locate the wetland flags for the IVW and that the area was overrun with green briar. There being no further questions or comments regarding this matter, Squibb states that he would like to hear what the Wenham Conservation Commission decides and moves to continue the hearing to January 8,2008. Johnson seconds the motion. The motion carries with Paluzzi and Hayes opposed 4-2. Old 1 New Business 13 Cherry Road. DEP File #5-813 Maxner informs the Commission that the applicant has requested a Certificate of Compliance and a waiver of the submission of As Built plans. Members review the approved plan and discuss the project. Hayes states that he feels it is important to require a full as-built plan since there was allowed encroachment into the 25' NDZ and wetland restoration. Members agree. 16 Lon2meadow Road Maxner explains that the owner wants to cut down a tree in the rear yard which is immediately adjacent to the wetland. She also notes she visited the site and found that there is dumping behind his fence that needs to be addressed. She stated that she invited him to the meeting but he is not present. She also notes that the tree in question could be rotted at the base. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 14 of 15 Cademartori asks Maxner to find out if the tree is on the petitioner's property and if not he needs permission to remove it from the other landowner. Members agree and indicate that the dumping would need to be addressed before the Commission would consider this request. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on September 11, 2007 were presented for approval. Johnson moves to approve the minutes of the BCC meeting held on September 11, 2007 as amended. Hayes seconds the motion. The motion carries 6-0. Orders of Conditions 59 Paine Avenue Paluzzi suggests standard conditions. The Commission discussed the following special conditions for the site: 1. The proposed hay bale line shall constitute the limit of the permanent No Disturb Zone and shall be demarcated with a weather resistant material, which shall not pose a barrier to wildlife movement. 2. These No Disturbance Zone markers shall bear, on their upland side, by way of permanent plaque or engraving, the following language: "No Disturbance Beyond This Point By Order of the Beverly Conservation Commission". 3. Attach to the Order a one-page sheet explaining what is not permitted within the No Disturb Zone shall be presented to any successor in interest or owner of the property at the time of purchase. 4. The No Disturb Zone shall be noted in covenants in all deeds to succeeding owners of the property, or portion thereof. Johnson moves to approve the order of conditions for 59 Paine Avenue. Reilly seconds the motion. Hayes abstains. The motion carries 5-0-1. 7 Melvin Avenue Paluzzi suggests standard conditions. The Commission discusses the following special conditions: 1. Mowing of salt marsh on City property shall cease in perpetuity. 2. Prior to work commencing on site, the debris shall be removed from the resource area (i.e. washed up abandoned dock) as noted on the approved plan. Beverly Conservation Commission Meeting Minutes - November 13, 2007 Page 15 of 15 3. The number of mitigation shrub plantings proposed for the area where lawn transitions to salt marsh shall be doubled, for a total of 14 shrubs to form a double row of shrubs to be staggered along the limit of this area. 4. Prior to work commencing on site, the mitigation plantings and salt marsh grass shall be installed as noted on the approved plan. 5. Salt marsh grass shall be planted at a density recommended by the nursery. 6. Any material or soil excavated during the project, and that which is not used for back fill or grading as approved on the plan, shall be removed immediately from the site. 7. Demolition debris shall be contained in an on-site trash/refuse receptacle and any construction materials shall be stored at the street side of the house. Cademartori moves to approve the conditions as discussed. Johnson seconds the motion. The motion carries 6-0. Adiournment There being no further business to come before the Commission this evening, Paluzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 6-0. The meeting adjourns at 11 :50 p.m.