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2014-10-21CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission October 21, 2014 Chair Christine Bertoni, Stephanie Herbster, Paul Knight, Tony Paluzzi, and Bill Squibb Vice Chair Robert Buchsbaum Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street, Beverly, MA. REOUESTS for CERTIFICATES of COMPLIANCE New: 9 Curtis Point Road, DEP File #5 -710 — install toe stones, topsoil and plantings on eroding coastal bank — Shy Jerabek Bill Manuell representing the applicant describes the permitting history for this project, which originally proposed rip rap revetment that was denied by the Commission. Subsequently, the landscape contractor proposed to install a few toe stones as the base of the eroding area, importing soil, planting shrubs and salt tolerant grasses to help stabilize the bank. The planting occurred in 2001. Manuell notes he and Maxner have visited the site and coastal bank appears to be very well stabilized and fully vegetated. He explains that a waiver from the as -built plan is being requested. Maxner concurred about coastal bank being well vegetated and trees slated for preservation are doing well. Paluzzi moves to issue a Certificate of Compliance and waiver from the as -built plan. Seconded by Herbster. The motion carries 5 -0. REQUESTS for DETERMINATION of APPLICABILITY New: 60 Middlebury Lane — construct deck at rear of house, remove existing side stairs and concrete landing pad, loam and seed area — Sandy & Peter Magliaro Maxner reads legal notice. Peter Magliaro presents, and explains he is proposing to construct a 10'x 357 deck at the rear of the house, remove a set of stairs and cement landing from the side of the house and loam and seed or plant this area. The proposed deck, to be supported by metal helical piles, will be within Conservation Commission October 21, 2014 Meeting Minutes Page 2 of 11 lawn area, inside the 25' NDZ to a wetland that is located at the toe of the rip rap slope. Maxner notes the applicant has filled out a 25' NDZ Waiver Worksheet to address the waiver criteria, she explains the wetland (BVW) is at the base of the rip rap slope and the rear yard is almost entirely encumbered by the 25 NDZ. Magliaro notes that any machinery will be used via common access and excavated /spoil material will be taken off site. He notes the contractor will have a stockpile material area on the driveway. Paluzzi asks what will be done with the area underneath the deck. Magliaro responds it is currently grassy and he does not plan to do anything with it. The Commission reviews the 25' NDZ waiver request. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to issue a Negative # 3 Determination with findings that the applicant adequately addressed the 25' NDZ waiver criteria to allow for the deck to be installed within this zone. Seconded by. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0. NOTICES OF INTENT AND /OR ABBREVIATED NOTICES OF INTENT Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Manxer states the Commission received a request for a continuance. Paluzzi moves to continue this hearing to the November 18, 2014 meeting. Seconded by Hebster. The motion carries 5 -0. Cont: 232 Essex Street, DEP File #5 -1127 — construct subdivision roadway, single - family houses, associated utilities, and stormwater structures — DUC Residential, LLC c/o Paul DiBiase John Ogren, Hayes Engineering, representing the applicant, notes that the City Engineer has indicated he was satisfied with set of revised plans submitted at the last meeting. Discussion ensues regarding the draft set of Standard and Special Conditions as prepared by Maxner. Bertoni asks if there are any question from the audience. There are none. There being no further questions or comments, Paluzzi moves to close hearing. Seconded by Squibb. The motion carries 5 -0. Cont.: 28 Whitehall Circle — construct new single family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Bob Griffin representing the applicant outlines trees identified during October 18 site walk slated for preservation and removal and resulting revised plans. He notes that the NDZ placards are being made and will be installed on stone markers shortly. Members review the plan revisions. Conservation Commission October 21, 2014 Meeting Minutes Page 3 of 11 Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments, Paluzzi moves to close hearing. Seconded by Knight. The motion carries 5 -0. Cont.: 441 Hale Street — demolish existing house, construct new single family house & associated appurtenances, eradicate invasive Phragmites from BVW and pond — Helen Greiner Bill Manuell and Laura Gibson representing the applicant. Gibson summarizes schedule and details about removing Phragmites from BVW and removal from that area, and as an invasive exotic it has to be burned onsite or at closed incinerator in Peabody. The solarization tarps are installed before vegetation emerges and are weighted, roots will be "kicked" and tarps are used for a year, once removed wetland meadow mix will be seeded. This is an ongoing maintenance situation. Maxner describes Special Conditions used for Phragmites removal at 675 Hale Street. Gibson explains that the abutter on edge of pond has agreed to participate in Phragmites eradication, a survey has to be done, and she anticipates bringing an NOI for this to the Commission before the winter. She concurs with the need for annual monitoring report detailing the invasive species management effort and progress in reaching project goals that will cover five years from start of project. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close hearing. Seconded by Herbster. The motion carries 5 -0. Cont.: 550 Cabot Street — remove existing pavement in favor of new landscape, hardscape and play areas — Beverly Children Learning Center Sean Malone, Oak Engineering, representing the applicant reviews plan changes including adding 25' No Disturb Zone line to plan, a note regarding areas of proposed pavement removal and turf installation, 6' vinyl- coated chain link fence for child security, note on prohibiting snow storage in 25' NDZ, all pavement in 25' NDZ will be removed from the project. Discussion ensues about removal of invasive species such as bittersweet as well as poison ivy first at the site to reduce the number of saplings that may need to be removed. Any cutting will be reviewed with Maxner before it occurs. Discussion addresses the need for a pile of landscape debris to be removed, with Malone agreeing this will occur prior to any site work. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close hearing. Seconded by Squibb. The motion carries 5 -0. Conservation Commission October 21, 2014 Meeting Minutes Page 4 of 11 New: 12 Cliff Street — remove existing and construct new retaining wall and patio, till, re- loam and seed back yard and install perimeter stone drainage trench — Robert Barnes Maxner reads legal notice. Robert Barnes addresses the Commission and explains his need to repair to retaining wall by a contractor using Ideal Block across length of house and to push pavers back next to the stairway to apartment, till, reseed the rear yard and install perimeter stone drainage trench. Maxner explains this property is within 200' Riverfront Area and 100 -foot buffer zone to coastal bank. Discussion ensues about existing retaining wall stone that could be reused or taken offsite. Barnes notes it is unknown if fill at site can be reused. Members review the proposed plan and discuss equipment access to the project areas. Barnes notes he expects to do this project in the spring and all work will be manual with wheel barrows used to transport materials to and from the driveway as there is no way heavy equipment can go beyond the driveway. Bertoni asks if the footprint of any surfaces will change. Barnes states he is replacing what exists with no increase in paved or patio surfaces. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close hearing. Seconded by Knight. The motion carries 5 -0. New: Route 128 — resurface roadway & install stormwater management improvements — Mass. Department of Transportation Maxner reads legal notice. Herbster recuses herself from the meeting and leaves the room. Ed Hutchinson of Tetra Tech on behalf of the applicant addresses the Commission. He explains that DOT is a State agency filing only under the Massachusetts State Wetlands Protection Act, since it is not subject to local bylaws or ordinances. He explains the project, that as part of the impaired waters remediation program, Mass. DOT is proposing to resurface about 4.48 miles of Route 128 and install stormwater BMP's in certain locations along the route on northbound lanes. Work to take place within 100 -foot buffer zone to BVW and 200 -Foot Riverfront Area to the Bass River and an unnamed perennial stream. No additional impervious surface will be added. Compost filter tubes will be used for sedimentation and erosion controls. Stormwater BMPs will be installed to minimize TSS discharge and minimize impact to Bass River. Area by interchange is near where the work is proposed on state highway but resurfacing project is not part of connector road. Check dams will be improved in existing drainage swale. Hutchinson notes that annual inspection is done associated with BMP and mowing is done when needed with wetland vegetation avoided. Discussion ensues about how sand and salt is used by the State for de -icing with metered equipment. DOT work is programmed to be done in the spring and summer. Bertoni asks if there are any questions form the audience. There are none. Conservation Commission October 21, 2014 Meeting Minutes Page 5 of 11 There being no further questions or comments from the Commission, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 4 -0. Herbster returns to the meeting. New: Re -Open Public Hearing: 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Maxner reads legal notice. Jon Silver representing the applicant explains the proposal is to install a steel sheet pile wall seaward of the current bulkhead and fill and pave over approximately 3,500 square feet of Land Under the Ocean (LUO), construct a new travel lift, install new floating docks and new support piles within a Designated Port Area (see 310 CMR 10.26 for DPA). He explains the travel lift has been out of commission for three years and impacted operation of marina. All seawalls associated with travel lift are constructed of wood and have pulled away from hot top and walls could collapse. He notes another concern is safety associated with location of fuel storage tanks and proximity to travel lift. Since the marina first approached the Commission in 2012 the condition of the seawalls have gotten worse over time. He explains the project would involve providing additional buffer in front of the fuel storage tanks by putting a new seawall in front of existing seawall and fill in water behind. He notes the plan includes two piers to come out from wall to operate travel lift in deeper water to haul boats for majority of day. In addition, a walkway would be installed along the waterfront and abutting property on Water Street creating lateral public access. Also, there would be fewer areas of access for pedestrians to travel lift increasing safety. Silver goes on to explain that currently there is 15' to 20' from fuel storage tanks to top of the seawall and sand is leached out underneath by the tide, causing sink holes and support cables are broken allowing wall to collapse into ocean. He states that with the new seawall cable anchors would be buried in front of fuel storage tanks, and proposed location for seawall is at 10' base flood elevation. He recalls that in 2006 a Stormceptor was installed which filters storm runoff from catch basins. The proposed project includes a manhole tied to City's sewer in the street as well as a gate valve to contain water or spills from getting into harbor. MEPA determined that an EIR was not necessary. The State has given the authority for the applicant to proceed to Chapter 91 and comments from State were included in the packet to the Commission. Division of Marine Fisheries has commented on winter flounder habitat relative to no construction from January to June. Also, an engineering evaluation was done on additional wave action to abutting property. Silva notes that generally few waves come into the harbor due to way Beverly Harbor is south facing and depth. The fundamental issue is the undermining of the land by flooding during storms so the applicant is not considering raising the double wall construction fuel tanks which have valves that are closed every night during the operating season. Also, the shed on woodpiles needs to be rebuilt as well as deck with steel piles. There is interest in rebuilding floats in area which should not add any square footage. Silver describes five alternatives that were considered and why they proved not viable, they included: 1. do nothing, 2. rebuild what exists, 3. fill just in front of the fuel storage tanks, 4 Conservation Commission October 21, 2014 Meeting Minutes Page 6 of 11 build with piers /piles, but the piles would not support the weight expected. 5. current proposal now before the Commission. He notes that intent is to get project done before designated port area is redefined. Silver explains the permit process, with the first step of a three -part process is to get the Order of Conditions from the Commission, followed by Chapter 91 approval, and then Army Corps of Engineers approval. Chapter 91 mitigation that would be required that translates to $2 /per cubic yard of fill. The Army Corps of Engineers would not have any mitigation requirement for this size project. Maxner refers to peer review done by Apex and recommendation was that the applicant seek MEPA and gather other agency input. The stormwater management was analyzed and determined to be compliant in regard to small amount of increased impervious surface, silt sacks will be put in the catch basins for TSS removal. The applicant plans to put in a wash water recycle system for pressure washing of boats likely to be located in a shed. Silver notes that details on this system will be provided to the Commission. Bertoni asks if there are any questions from the audience. John Buckholdt, 26 Front Street asks why the travel lift was not maintained after it was rendered unusable after storm in 2012 when applicant was dealing with political/litigation issues, and seeking approval from Commission and state agencies. Silver explains proposal for pilings for travel lift in response. Bill Finch, 50 Front Street, speaks to Jubilee Yacht Club travel lift being constructed on piles. Discussion addresses how proposal involves the gain of 3,500 square feet of land for the marina. Members agree a site visit is needed. Paluzzi moves to continue the hearing to the November 18t' meeting pending a site visit on Saturday, November 1, 2014 at 12:30 p.m. Seconded by Herbster. The motion carries 5 -0. OLD/NEW BUSINESS New: 242 Dodge Street — Enforcement Order Follow -up — Scott Barbeau Maxner explains that Mr. Barbeau has not submitted the required material, and therefore she has started issuing fines. Discussion ensues with Mr. Barbeau about his need for complying with the Conservation Commission Enforcement Order for filling of the floodplain to be in compliance with the State Wetlands Act and local Ordinance. Mr. Barbeau explains that 2 years ago he had added 15' of fill to his yard, and then later the FEMA floodplain map changed that placed his property in a flood zone. He claims work was not done in floodplain 2 years ago. Maxner states that the City Engineer verified on site that fill is in the floodplain and that there is a violation. Extensive discussion addresses actions Mr. Barbeau must to take to manage the directives in the Enforcement Order. Mr. Barbeau states he is not in violation and had a permit from the Engineering Department for the fill and asks the Commission to cancel the Enforcement Order and fines. Further discussion ensues, with Bertoni noting that the Commission cannot rescind the EO until the violation is remedied. Mr. Barbeau leaves the meeting. Conservation Commission October 21, 2014 Meeting Minutes Page 7 of 11 New: Reauest for Minor Modification to Order of Conditions: Route 128. Exit 19 Interchange at Brimbal Avenue, DEP File #5 -1131— City of Beverly c/o Michael P. Cahill, Mayo Maxner explains the request for Minor Modification to the Order of Conditions issued by the Commission governing Phase 1 improvements to Route 128 Exit 19 Interchange at Brimbal Avenue and Sohier Road. She reminds the Commission this project includes reconstruction of the connector road with roundabouts, reconstruction and widening of sections of Brimbal Avenue and Sohier Road, and installation of stormwater BMP's. She notes that the boilerplate Standard Conditions that the Commission routinely issues includes a condition that reads: No sodium - based products shall be used for control of ice or snow within 100 feet of the wetland. She notes based on the consultant's letter, the State cannot comply with this condition and has asked that it be eliminated from the Order. Members discuss the request. Paluzzi moves to strike this condition in the Order. Seconded by Knight. The motion carries 4 -0- 1 with Herb ster abstaining. New: 6 Chanticleer Drive — unauthorized tree removal — Katrina & Kristian Kristensen Maxner reports on site visit she conducted pursuant to a call from a neighbor about minor pruning, limb and tree removal in buffer zone and riverfront at 6 Chanticleer Drive. She spoke to residents and will speak to Jack Ingram at Bartlett Tree about the Commission's tree removal protocol. A letter was sent to the property owners and Mr. Ingram about tree removal protocol. Discussion ensues about how information on this should be easily presented to people accessing City's website. Maxner will work with tree companies to update them on tree removal protocol. New: Minor Project Permits Issued by Administrator Maxner states she has not issued any Minor Project permits since the last meeting. New: Expenditure Approvals Knight moves to approve payment of $95 to Chris Bertoni for her registration and attendance at the September 27, 2014 MACC Fall Conference on Aquatic Invasive Plants. Seconded by Paluzzi. The motion carries 4 -0 -1 with Bertoni abstaining. Approval of Minutes — April 5, 2014 Members provide amendments to Maxner for April 5, 2014 meeting. Knight moves to approve the minutes as amended. Seconded by Herbster. The motion carries 4 -0 -1 with Paluzzi abstaining since he did not attend. Orders of Conditions 232 Essex Street, DEP File #5 -1127 — construct subdivision roadway, single- family houses, associated utilities, and stormwater structures — DUC Residential, LLC c/o Paul DiBiase Conservation Commission October 21, 2014 Meeting Minutes Page 8 of 11 Discussion ensues as to possible conditions for the project as well as waiver criteria for the 25- Foot No Disturb Zone. Members discuss the alternatives analysis and mitigation offered for incursion into the NDZ. Berton notes that she believes the applicant made every effort to avoid locating the roadway and stormwater structures within the 25' NDZ, members agree. Paluzzi notes that the removal of the asphalt and management of invasive species will improve the conditions that are closest to the pond. Members concur that the no disturb zone replanting plan will enhance the area and the buffer zone functions. Paluzzi moves to grant the waiver from the 25' NDZ and issue Standard Conditions and the following Special Conditions as discussed: Prior to construction, the applicant shall secure an environmental/erosion control monitor who shall be responsible for monitoring all activity within jurisdictional areas to ensure compliance with this Order. The monitor shall be a professional engineer or wetland scientist and her /his name and contact number shall be provided to the Commission. The monitor shall visit the site at least once every other week during the active phases of construction that occur within the 100 -Foot Buffer Zone (100' BZ). This condition shall apply to lots within the subdivision even if ownership of lots are transferred before work/construction on said lots commence. 2. The environmental/erosion control monitor shall submit a report monthly to the Commission or its Agent reporting inspection dates, status of construction, any erosion control maintenance requirements, and who at the project site was informed. Reports may be submitted by electronic mail. 3. The limit of the 25 -Foot No Disturb Zone shall be demarcated with markers made of a weather resistant material, and shall be installed such that they are not less than 3 feet above grade to ensure visibility in the field. Each No Disturbance Zone marker shall bear, on their upland side, by way of permanent weather resistant plaque or engraving, the following language: "No Disturbance Of Any Kind Beyond This Point By Order of the Beverly Conservation Commission ". Not less than 3 markers shall be installed, with one being installed on Lot 15, one on Lot 16 and one at the bend along the mitigation area at the northwest corner of the subsurface infiltration system — exact location of each marker to be determined in the field with the Conservation Administrator. Maintaining these markers in good condition is required and this requirement shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Maintenance of the markers on Lots 15 & 16 shall be the perpetual responsibility of the individual homeowners of those lots. Maintenance of the marker along the bend of the mitigation area shall be the perpetual responsibility of the Homeowners Association. 4. Roadway snow management and storage shall not occur in wetland resource areas or associated buffer zones within the development. Management, movement and storage of snow on site shall take place in appropriate upland areas outside the 100 -foot buffer zone or taken to an appropriate off -site facility. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Compliance with this condition shall be the perpetual responsibility of the Homeowners Association. 5. The work as delineated in the of the "25 -Foot Buffer Zone Mitigation, Essex Crossing, Beverly Massachusetts" dated December 20, 2013 prepared by Hayes Engineering, shall be a requirement of this Order and shall be completed no later than just prior to the roadway Conservation Commission October 21, 2014 Meeting Minutes Page 9 of 11 binder course being laid down. Removal of remnant broken asphalt within the buffer zone to the pond bank and bordering vegetated wetland is a requirement of this Order and this material shall be removed from site and disposed of at an appropriate off -site facility. 6. Prior to the issuance of a final Certificate of Compliance for this project, all restoration plantings shall exhibit 75% survivorship after two growing seasons post installation. A wetland scientist or other qualified professional shall verify restoration plant survivorship. A wetland scientist or other qualified professional shall monitor the success of the invasive specie removal effort and his /her findings thereto, along with the plant survivorship determination, shall be submitted to the Commission. A request for a partial Certificate of Compliance may be submitted by the applicant and issued at the discretion of the Conservation Commission at that time. 7. 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 Certificate of Compliance. Compliance with this condition shall be the perpetual responsibility of the Homeowners Association. 8. This Order of Conditions in its entirety shall be referenced in all Homeowners Association documents. Seconded by Squibb. The motion carries 5 -0. 28 Whitehall Circle — construct new single family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to construction or any work on site, the markers and /or fencing shall be equipped with plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Prior to any work commencing the Conservation Administrator shall inspect the installed markers and fence. 2. Photo documentation of physical installation of the drainage /drywell structures shall be submitted to the Commission for its file. 3. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 4. All trees slated for preservation within the Buffer Zone shall survive at least two years post construction. If any such trees within the Buffer Zone fail or die within those two years, three native replacement trees of at least 2 -inch caliper shall be planted on site within the Buffer Zone. 5. As shown on the approved plan, three (3) Red Maple trees shall be planted along the edge of the 25 -Foot No Disturb Zone and shall be a minimum of 2- inches in caliper. Seconded by Herbster. The motion carries 5 -0. Conservation Commission October 21, 2014 Meeting Minutes Page 10 of 11 441 Hale Street — demolish existing house, construct new single family house & associated appurtenances, eradicate invasive Phragmites from BVW and pond — Helen Greiner Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Annual monitoring reports shall be submitted to the Commission detailing invasive species management efforts and progress in reaching the project's goals. Reports shall cover no less than 5 years from the start of project activities. Based on said reports, the Commission reserves the right to require additional monitoring and /or modifications to the management plan. 2. If the cut Phragmites stalks and flower heads are to be burned on site burning shall take place outside jurisdictional resource and buffer zone areas. 3. All demolished materials, excavated soils or other related debris shall be stored or stockpiled outside jurisdictional resource and buffer zone areas if not immediately removed from the site. Seconded by Knight. The motion carries 5 -0. 550 Cabot Street — remove existing pavement in favor of new landscape, hardscape and play areas — Beverly Children Learning Center Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. As noted in Wetland Note #1 on the approved plan, "Site Plan, C -002" prepared by Oak Consulting Group, stamped and signed by Sean P. Malone, scale 1 " =20' final revision dated October 15, 2014, prior to construction the contractor shall meet with the City Environmental Planner to verify locations of debris to be removed and proposed method of removal. Machinery shall not be operated within the wetland resource area. 2. As noted in Wetland Note #2 on the approved plan, "Site Plan, C -002" prepared by Oak Consulting Group, stamped and signed by Sean P. Malone, scale 1 " =20' final revision dated October 15, 2014, prior to construction the limits of the selective clearing shall be reviewed with the Landscape Architect and the City Environmental Planner. 3. All other trash, carts, tires and foreign debris shall be reviewed with the Environmental Planner and removed and disposed of properly. 4. All asphalt to be removed shall immediately be placed into a roll -off container or other suitable containment vessel and not stockpiled on site. 5. The school's bus shall be parked as far away from the wetland resource area as possible. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. As noted on the approved plan, "Site Plan, C -002" prepared by Oak Consulting Group, stamped and signed by Sean P. Malone, scale F =20' final revision dated October 15, 2014, snow storage shall not be allowed within the 25 -foot no disturbance zone. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Conservation Commission October 21, 2014 Meeting Minutes Page 11 of 11 7. As noted in Stormwater Management Plan prepared by Oak Consulting Group, LLC dated September 2014, page 2 Section 1.4, the annual Stormwater System Inspection Reports shall be submitted to the Beverly Engineering Department by December 31 of each calendar year, and the Conservation Commission shall be notified of such submission. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 5 -0. 12 Cliff Street — remove existing and construct new retaining wall and patio, till, re -loam and seed back yard and install perimeter stone drainage trench — Robert Barnes Discussion ensues as to conditions to apply to the project. Knight moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Once the patio and inner retaining wall is demolished, a report detailing the types of materials found contained within the wall and underneath the patio shall be submitted to the Commission for its file. If such materials are deemed unsuitable for rebuilding the wall and patio, the report shall include how such materials will be taken from the site and what types of materials will be brought in as replacement fill. 2. All blocks and associated materials to rebuild the patio and wall shall be stored in the driveway. 3. The only equipment allowed within the rear yard area (a.k.a. the 25 -foot no disturb zone) shall be rototiller machine for preparing the soil for grass seeding. Seconded by Paluzzi. The motion carries 5 -0. Route 128 — resurface roadway & install stormwater management improvements — Mass. Department of Transportation Discussion ensues as to potential conditions for the project. Paluzzi moves to approve the Standard Conditions under the State Act only as the Beverly Ordinance does not apply to this State Highway project. Seconded by Knight. The motion carries 5 -0. Adjournment Paluzzi moves to adjourn at 10:25 p.m. Seconded by Knight. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, November 18, 2014 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.