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2005-01-11 City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: January 11, 2005 Place: Beverly City Hall, 191 Cabot Street Board members present: ChairmanDavid Lang, Linda Goodenough, Dr. Mayo Johnson, Anthony Paluzzi, William Squibb Board members absent: Ian Hayes Others present: Amy Maxner, Environmental Planner Recorder: Amy Maxner Chairman Lang calls the meeting to order at 7:00 p.m. CERTIFICATE OF COMPLIANCE New: 33 Crescent Avenue, DEP File #5-785, Andrew & Betsy Angelico Andrew and Betsy Angelico are present at the meeting. Maxner explains this project received an Order of Conditions in October of 2002 for the tear down and rebuild of the first and second floor, as well as the pouring of a concrete slab foundation where there existed a deck off of the back of the house, and the applicant enclosed this area to make a place for storage. She goes onto explain the slab foundation resulted in approximately 1000 feet in permanent alteration of the Riverfront Area, and the work is 20 feet from the Mean Annual High Water Line of the Danvers River at its closest point. The Commission has accepted a sketch plan using the applicant’s mortgage inspection plot plan in lieu of a professional as-built. Maxner conducted a site visit and provides photographs for the members review. Mr. Angelico states all that is left is placing blue stone to beautify the face of the concrete foundation. Lang asks if there are any questions from the Commission. There are none. Paluzzi moves to issue a Certificate of Compliance. Seconded by Goodenough. All members in favor. Motion carries 5-0. New: 76 Paine Avenue, DEP File #5-784, Harold C. Booth c/o BNB Trust Dept. Conservation Commission Meeting Minutes January 11, 2005 Page 2 of 14 Peter Ogren, Hayes Engineering, represents the applicant. Maxner explains the Commission has received a Request for Certificate of Compliance for 76 Paine Avenue. Ogren states this project received an Order of Conditions for the installation of sheet pilings and 21-foot wide, 6-inch thick poured concrete cap with associated grading on an existing seawall. The Commission conducted a site visit on Saturday, January 8, 2005. The engineer did not provide an as–built plan. Lang questions the present condition of the existing seawall as it seems to be failing much more rapidly than expected, and he is unsure if the failure of the wall was a part of the plan. Ogren states the intention was to allow the seawall to fail at its own rate, and that its maintenance was never proposed. Lang asks the rest of the members their opinion on this issue. Goodenough, Paluzzi and Johnson concur that they expected the seawall to fail at some point, and the purpose of the sheet piling was to protect the coastal bank from deterioration. Johnson states that the rate at which the wall is failing is a surprise and is indeed happening faster than he expected. Paluzzi moves to issue a Certificate of Compliance. Seconded by Goodenough. Lang opposed. Motion carries 4-1. New: Tall Tree Drive, DEP File #5-631 – Thomas Carnevale Maxner states the Commission has received a request for Certificate of Compliance for Tall Tree Drive. She explains the Planning Board has released the bond for the roadway, and it will be going before the City Council for acceptance as a city street and Mr. Carnevale is seeking a Certificate of Compliance to release Lots #7 and #9 as well as close the entire project out with the Commission. She states that she conducted a site inspection and provides photographs for members review. Mr. Carnevale is not present at the meeting. Squibb asks if the trials have public access. Paluzzi states that he seems to recall that a condition was placed that would ensure public access to the trails and the Conservation land in that area. Maxner states that she is not sure of this and will look further into the file and the past minutes. Johnson states that he would not be willing to vote on the Certificate tonight until that information is available. Lang states that Mr. Carnevale should attend the next meeting to further discuss this issue. Paluzzi moves to table this item until the February 1, 2005, meeting. Goodenough seconds. All members in favor. Motion carries 5-0. New: 19 Cobblers Lane, DEP File #5-221 – Elliot Weinstock Conservation Commission Meeting Minutes January 11, 2005 Page 3 of 14 Maxner states the Commission has received a request for Certificate of Compliance for an Order of Conditions issued in 1986 for the installation of an inground pool. She explains the Order was never recorded at the Registry of Deeds so she contacted Mike Abell at DEP and he advised that considering the Order was issued in 1986, if the work and the site is found to be in compliance to the Commission’s satisfaction, the Commission could exercise its discretion and waive the requirement to record the Order and the Certificate of Compliance. Maxner conducted a site inspection and found the measurement from the rear of the house to the limit of the fence indicated 40 feet – less than the required 50 feet for the limit of work for pool and fence as indicated in the Order of Conditions. Dimensions of the pool were in compliance with the proposed project. The site was stable and no issues were found with the work or the site. She explains that Mr. Weinstock has applied for a building permit for a small sun porch addition to be placed within existing concrete patio area of the pool. She states that the Commission instructed that Mr. Weinstock seek a Certificate of Compliance before the construction of the sun porch and asks if the Commission needs any further review of the sun porch. Paluzzi asks where the sun porch is going. Weinstock states it will be just off the kitchen within the patio area. Members agree this will not need any further review and grants Mr. Weinsock permission to proceed with the construction of the sun porch. Paluzzi moves to issue a Certificate of Compliance, and to waive the recording in this instance, seconded by Goodenough. All in favor. Motion carries 5-0. RECESS FOR PUBLIC HEARING Paluzzi moves to recess for public hearings. Seconded by Squibb. All in favor. Motion carries 5-0. AMENDMENT TO ORDER OF CONDITIONS New: 7 Margaret Avenue – DEP File #5-861 – Dennis Britton, Wayne Realty Trust Maxner reads the legal notice. John Dick, Hancock Associates, represents the applicant. He explains this project received an Order of Conditions for the refurbishment and placement of retaining walls and construction of a pier and floats. The applicant is requesting approval for extending the pier length and width and changing the configuration of the floats. Maxner reads a letter from the Ryal Side Civic Association. Dick takes the contact information for the Civic Association. Paluzzi moves to close the hearing. Seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. Conservation Commission Meeting Minutes January 11, 2005 Page 4 of 14 NOTICE OF INTENT Cont: 330 Hale Street – clearing of trees – Peter Nash Neither the applicant nor his representative appeared for the meeting. Dr. Johnson moves to continue the hearing for 330 Hale Street to February 1, 2005, seconded by Paluzzi. All members are in favor. Motion carries 5-0. Maxner states she will contact the engineer to get the status of this application. Cont: off Boulder Lane – DEP File #5-815 – Miles Group, Inc. Maxner states the Conservation Commission received a letter requesting a continuance to the April 12, 2005 meeting. Paluzzi moves to continue the hearing for Off Boulder Lane – DEP File #5-815 to the April 12, 2005 meeting, seconded by Squibb. All members are in favor. Motion carries 5–0. Cont: 2 Boyles Street – DEP #5-816 – construct roads, site grading, drainage, and utilities for subdivision and construct five single family homes – Manor Homes at Whitehall, LLC Robert Griffin and William Manuell are present for the applicant. Griffin states that he would like to pick up on discussion regarding this project as the applicant is unsure if the cluster plan will be approved by the Planning Board. He goes onto to review the plan. He also states that he would like to prepare a draft of conditions to be considered as part of the final Order of Conditions. Johnson asks why this plan is being considered as he thought the cluster plan was the preferred plan. Griffin states that he is unsure if that plan will be approved and the applicant would like to keep his options open. Squibb asks if this plan is under the current cluster provision in the Ordinance or modeled after the proposed OSRD draft Ordinance. Griffin indicates it is under the current provision. Goodenough reminds Griffin that the Commission is free to interpret its Ordinance and that the Eisenhower extension is problematic to say the least. Manuell states that the plan has been revised to eliminate a dead end road thereby opening the area to the south of the Vernal Pool as open space. Squibb asks how many of the houses will need NOI’s and states that he would like to have them up front with this application. Griffin estimates that 8 or 9 of the lots will come under Commission review. Conservation Commission Meeting Minutes January 11, 2005 Page 5 of 14 Maxner cautions that including any further lots with this filing would exempt them from strict adherence with the Regulations. Squibb would like to ensure that runoff from impervious surfaces from those additional lots are satisfactorily dealt with once they are sold off. Griffin states that there will be deed restrictions on the lots that call out for roof run off drywells. Lang opens the hearing to the public. Leo Joseph, 232 E. Lothrop Street, is concerned with the increased runoff from the project effecting the watershed that feeds the Lawrence Brook. Ms. Buchanan, 230 E. Lothrop Street, expresses the same concern. Joanne Avallon states that the neighborhood group’s attorney is en route and she would like to reserve the opportunity for him to address the Commission. Marie Alves, 5 Morrison Avenue, is concerned about the amount of flow that will go into the intermittent stream coming from wetland A. A resident of 236 Hale Street states that there needs to be mechanisms in place that ensure continued maintenance of the detention basins before, during and after construction. Griffin responds that the homeowners association will be responsible. Thomas Alexander, attorney for the applicant, states that the Commission could place a special condition that survives the issuance of the Certificate of Compliance requiring some sort of monitoring report be submitted on a periodic basis. A resident of 230 E. Lothrop Street asks how deep the detention basins will be. Griffin states that about 6 feet at peak, and 3-4 feet average. Peter Shanahan, hydrologist for the neighborhood group, states that volume and flow are two very different issues and explains that there are two types of hydrologic regimes 1) carrying capacity and 2) storage capacity. There are volume-limited systems, which wetlands are, as they have limited outlets, and carrying capacity limited systems can be compared with pipe sizes that can carry a specified amount of flow per unit of time. He states that the volume to some of the wetlands on site is being increased and therefore will be resulting in altering the hydrologic regime of the wetlands from a volume perspective, not necessarily from a peak flow perspective. Griffin states that the Planning Board and Conservation Commission hydrology consultants have provided approval for the drainage for this project. Tom Harrington, attorney for the neighborhood group, asks the Commission if it is aware that there is a Vernal Pool behind 48 Boyles Street. Maxner states that she has no formal submission regarding this pool, but the Commission did observed it at the site inspection. Conservation Commission Meeting Minutes January 11, 2005 Page 6 of 14 st Lang states that this hearing will need to be continued to the February 1 meeting. He asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to continue the hearing for 2 Boyles Street to the February 1, 2005 meeting. Seconded by Goodenough. All members are in favor. Motion carries 5-0. Cont: 2 Boyles Street – DEP File #5-862 – construct roadway, site grading, drainage, and utility installation for 33-lot, cluster residential subdivision – Manor Homes at Whitehall, LLC Bob Griffin, Griffin Engineering, represents the applicant. He explains this project involves road construction, drainage and associated grading and utility installation for a 33-lot cluster residential subdivision and reviews the plan for the Commission. A site inspection was held on Saturday, December 3, 2004. Maxner asks how the change in depth of basins #1 and 2 were compensated for. Griffin states the berms were raised to compensate for the decrease in depth. Lang opens the hearing to the public. Marie Alves, 5 Morrison Avenue, asks what the depth and dimensions of detention pond #4. Griffin reviews that information. Peter Shanahan, hydrologist for the neighborhood group, states there are several issues he would like to point out: ?? Wetland A will be enveloped by development, consisting of roadway, and lawns that will produce runoff laden with chemicals, fertilizers and pesticides thereby endangering the health of the wetland; ?? The volume to wetland A is being cut in half which could potentially starve the wetland and dry it up; ?? The volume to wetland C is going to be doubled, changing its hydrology thereby constituting a wetland alteration; ?? The issue of volume has not been addressed by the applicant’s calculations with regard to off-site drainage systems, discharges to Brackenberry Beach and potential flooding of poorly drained areas down stream; ?? The initial water elevation in the detention basins at the beginning of a storm event is not indicated – this has potential significant impacts on the ability of the basins to attenuate flow especially considering New England conditions where the basins are often full of snow melt and runoff from winter and spring precipitation. Shanahan urges the Commission to consider this information in its decisions. Conservation Commission Meeting Minutes January 11, 2005 Page 7 of 14 Griffin responds that the starting elevations are assumed to be empty and concedes that one could always be more conservative, but stresses that both the Planning Board and Conservation Commission experts have approved the drainage plan. He goes onto explain that there are reasonably permeable soils on site and infiltration to groundwater is roughly simulated to pre-existing conditions. He states that the drywell systems for the roof runoff from houses located around wetland A will keep the wetland viable. Lang reminds Griffin of the saturated conditions that exist in New England during the late winter early spring months. Shanahan states that the starting elevation in the detention basins can be determined at the discretion of the Conservation Commission. Tom Harrington, attorney for the neighborhood group, states that the Commission should insist that the Vernal Pool behind 48 Boyles Street be called out on the plan, and that the wetlands crossing at wetland A is unnecessary and refers the Commission to its Regulations on page 16 Section V, E. 1., and contends that the applicant has more than sufficient upland access to the site. Griffin responds the crossing was to ensure safe vehicular movement within the subdivision. Harrington states that safe vehicular movement is not an interest protected by the Ordinance or the Act, and sees no rational for the wetlands crossing. Renee Mary, 274 Hale Street, states that the catch basin at the intersection of Hale and Boyles is not functioning properly. Griffin states that he is aware of this and it would need to be addressed during construction. Paluzzi moves to continue the hearing for 2 Boyles Street to the February 1, 2005 meeting. Seconded by Goodenough. All members are in favor. Motion carries 5-0. Cont: 43 Paine Avenue - DEP File #5-857 - construct single family home – Barn Hill, LLC Maxner reads a letter from the applicant’s representative requesting a continuance to the March 1, 2005 meeting. Paluzzi moves to continue the hearing for 43 Paine Avenue to March 1, 2005, seconded by Goodenough. All members are in favor. Motion carries 5-0. Cont: 234 East Lothrop Street – construct detached garage and attached mudroom – Jan Miller for Peter Monaco Jan Miller is present and presents a revised plan to the Commission. Lang states that he still would like to review information regarding the flood elevations in this area, and asks Conservation Commission Meeting Minutes January 11, 2005 Page 8 of 14 members their opinion on this issue. Members concur that the flood elevation is still needed before they would be willing to consider a revised plan. Lang asks if there are any questions from the public. Scott Nelson, a concerned abutter, provides the Commission with a short history of the drainage in that area as he has lived there since he was a child. Paluzzi moves to continue the hearing to February 1, 2005, to provide the applicant time to submit additional information regarding the 100-year flood elevation. Goodenough seconds. All members are in favor. Motion carries 5-0. Cont: 2 Fosters Point, DEP File #5-869 – install pile supported pier and float –Eileen Lang (David Lang recuses himself from the meeting for the following 3 hearings.) Eileen Lang is present to answer questions. She explains this project involves construction of a 205-foot pile supported pier with 3-foot by 30-foot gangway and two 6- foot by 20-foot floats within Riverfront Area, Salt Marsh, and tidal flats of the Danvers River. A site inspection was held on Saturday, January 8, 2005. Lang explains some minor changes to the proposal ?? The size of the terminal float has been changed from 20’ x 6’ to 20’ x 10’, which increases square footage from 240 to 320 ?? Two additional piles will be included to secure the float ?? The barge will be sitting on the mud flats during construction, but will meet the DEP’s requirement of pressure exerted on the ground, which is 2 psi – the barge that will be used will exert .27 psi – and she expects the barge to be positioned there for 2 to 3 days ?? She is still looking into the “swamp mat” option, and explains that this exerts .2 psi Paluzzi asks when the project will begin. Lang states that it is all depends on permitting, and suspects that could take up to 6 months with DEP and ACOE, she is unsure. Lang states that she would like to use the spoils from the pile holes to fill in the remnant mosquito ditches. Paluzzi suggests that the regional Mosquito Control office be contacted regarding this issue before the Commission closes the hearing. Lang agrees to the continuance. Dr. Johnson moves to continue the hearing to February 1, 2005, seconded by Goodenough. All members in favor. Motion carries 4-0. Conservation Commission Meeting Minutes January 11, 2005 Page 9 of 14 Cont: 6 Fosters Point - install platform, gangway and pile supported floats - Robert Gallagher Robert Gallagher is present at the meeting. He reminds the Commission this project involves construction of a 12-foot by 16-foot pile supported pier, four 6-foot by 24-foot pile supported floating docks, and one 16-foot by 24-foot floating dock within Riverfront Area, Salt Marsh, and tidal flats of the Danvers River. A site inspection was held on Saturday, January 8. He states that no changes have been proposed since the first hearing. Maxner asks if there are any shellfish in that area. Gallagher states that there are some mussels on the east side of the proposed pier area, but not much to speak of. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Dr. Johnson moves to close the hearing. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Cont: 10 Fosters Point – install pile supported pier and floats – Robert Thomson Robert Thomson reminds the Commission this project involves construction of approximately 275-foot pile supported pier and floats within Riverfront Area, Salt Marsh, and tidal flats of the Danvers River. A site inspection was held on Saturday, January 8. Johnson asks what will be done with the spoils from the pile holes. Thomson states they will be taken off site. Maxner states that the limit of the Salt Marsh should be called out in the plan. Thomson is willing to provide a revised plan with that information. Johnson asks if Salt Marsh will be disturbed. Thomson states yes, and is willing to replace what ever is disturbed. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Dr. Johnson moves to close the hearing. Seconded by Goodenough. All members are in favor. Motion carries 4-0. (Mr. Lang returns to the meeting.) Cont: 76 Paine Avenue – DEP File #5-867 - remove existing house and construct new house and barn – Jack Swansburg Conservation Commission Meeting Minutes January 11, 2005 Page 10 of 14 Peter Ogren, Hayes Engineering, represents the applicant. He explains this project involves the demolition of the existing single-family house and construction of a new house and barn within Buffer Zone to Bordering Vegetated Wetland. A site inspection was held Saturday, January 8, at which time the engineer brought revised plans shifting the position of the barn and reconfiguring the driveway slightly. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. New: 7 Elm Top Lane – construct pier with floating dock – Robert Hubbard Maxner reads the legal notice. Robert Griffin, Griffin Engineering, presents for the applicant. He explains the applicant is proposing to construct a 60-foot fixed pier, 26+/- foot seasonal gangway and 8-foot by 20-foot seasonal float within Coastal Bank, Rocky Intertidal Shore and Land Subject to Coastal Storm Flowage. He explains that since portions of this pier will be in the Velocity Zone, there are certain building codes that need to be met and explains elements of the structure that meet those requirements. The bottom joist will be at 15.5’ above the seafloor and the piles will be placed at 20’ intervals. He states that there is a remnant pile in the area which may indicate a previous structure, but their research shows that no Chapter 91 license had been in place for the property. Lang asks how the piles will be placed. Griffin states that based on the exposed ledge at the site, drilling may be needed to place the piles, and all spoils will be removed from site as work would occur at low tide. Paluzzi asks what the life expectancy of the cement blocks would be. Griffin expects they would last about 20 years or so, but there is easy access to replace them. Squibb asks which house will use the structure. Griffin states that only # 7 Elm Top will use it. Lang opens the hearing to the public. Charles Harris, 9 Ober Street, states that there is issue with the erosion on the ancient way and would like the Commission to look at this problem. He explains that he cannot recall any pier going in the Harbor within the last 25 years. He is concerned about the safety of marine traffic as this pier will be very far out into the Harbor. He wants to make it clear that he will be watching to make sure that the letter of the law is followed for this project. Elizabeth Dick, 27 Ober Street, states that she is concerned about the ability of kayakers to use this area and their safety may be endangered. She states that there are a lot of Conservation Commission Meeting Minutes January 11, 2005 Page 11 of 14 clams and mussels in that area and the wildlife there will most certainly negatively impacted. She doubts whether or not the future owner will even want the structure as access to the structure will be very limited when high and low tide times are factored in. Alice Harris, 9 Ober Street, is very concerned over the esthetics of this structure and asks if a boat will be moored there. Griffin states that it will be very impractical to have a boat at this pier. Maxner reads a letter from Dr. Alvin Schwartz into the record. Walter Reilly, 15 Ober Street, urges the Commission to look at the site during low tide. Paluzzi asks if they propose to place lights on the pier. Griffin states no. Goodenough asks what the resource areas are. Griffin states Coastal Bank, Rocky Intertidal Shore, Land Subject to Coastal Storm Flowage. Lang states that a site visit should be scheduled. Goodenough agrees. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to continue the hearing to the February 1, 2005 meeting pending a site visit scheduled for Saturday, January 29, 2005, at 8:30 a.m., seconded by Squibb. All members are in favor. Motion carries 5-0. OLD/NEW BUSINESS New: Elm Top Lane – Replanting Plan Robert Griffin represents the applicant. He reviews the as-built plan and letter for the restorative planting on the Coastal Bank for Elm Top Lane. This was submitted in response to a Special Condition requirement that the Coastal Bank restoration be completed prior to any work on # 5 Elm Top Lane. st The Commission will continue this item to the February 1 meeting to observe the bank th at the January 29 site visit for the pier. New: Mileage Reimbursement – Maxner Maxner states that she is submitting a request for reimbursement for accumulated mileage related to Conservation Commission business and meetings for the months of April through December 2004. She states that she accumulated 565 miles in that 9 month period and the reimbursement rate is .20 cents a mile, with a total of $113.00. Conservation Commission Meeting Minutes January 11, 2005 Page 12 of 14 Johnson moves to approve the $113.00 expenditure from the Ordinance fee account to reimburse Maxner for her mileage. Seconded by Squibb. All members are in favor. Motion carries 5-0. APPROVAL OF MINUTES Dr. Johnson moves to approves the June 15, 2004 Executive Session minutes as amended, seconded by Paluzzi. Goodenough abstains. All members in favor. Motion carries 4-0. Paluzzi moves to approve the minutes dated October 26, 2004, as written, seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. ORDERS OF CONDITIONS Amendment to DEP File #5-861 - 7 Margaret Avenue – Dennis Britton Paluzzi moves to issue the following conditions: Standard Conditions The following Special Conditions: ?? Proposed landscaping plan shall be submitted to the Conservation Commission for review and approval prior to any construction on site. ?? Cutting of all pressure treated wood shall be conducted on land. ?? Construction of the pier shall be accomplished by maximizing access from the water and upon completed sections of the pier. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland or salt marsh during construction of the pier. If there are no alternatives to using heavy equipment in these areas, a construction plan shall be submitted to the Conservation Commission prior to construction. ?? The use of chromated copper arsenate (CCA) treated wood and creosote treated timber for piles and decking shall be used only after alternatives to CCA treated wood are explored. Wood preservative must be dry before treated wood is used in construction. ?? Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal, not jetted. The piles in the salt marsh, coastal bank or beach shall be placed by hand. ?? To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the structure shall be spaced at least ¾ inch apart. ?? Salt Marsh vegetation shall be avoided during construction. Conservation Commission Meeting Minutes January 11, 2005 Page 13 of 14 ?? Any area that is disturbed during construction is to be revegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. The motion is seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. 6 Fosters Point – Robert Gallagher Dr. Johnson moves to issue the following conditions: Standard Conditions The following Special Conditions: ?? Prior to construction, a revised plan shall be submitted to the Conservation Commission, which calls out the elevations of Mean High Water and Mean Low Water. ?? Construction of the pier shall be accomplished by maximizing access from the water and from completed sections of the pier. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland or salt marsh. If there are no practical alternatives to heavy equipment in these areas a construction plan shall be submitted to the Conservation Commission prior to construction. ?? The use of chromated copper arsenate (CCA) treated wood and creosote treated timber for piles and decking shall be used only after alternatives to CCA treated wood are explored. Wood preservative must be dry before treated wood is used in construction. ?? Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal, not jetted. If applicable, piles in salt marsh, coastal bank or beach shall be placed by hand. ?? To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the structure shall be spaced at least ¾ inch apart. ?? Salt marsh vegetation shall be avoided during construction. ?? Any area that is disturbed during construction is to be revegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. The motion is seconded by Goodenough. All members are in favor. Motion carries 4-0. Lang abstains. 10 Fosters Point – Robert Thomson Dr. Johnson moves to issue the following conditions: Conservation Commission Meeting Minutes January 11, 2005 Page 14 of 14 Standard Conditions The following Special Conditions: ?? Prior to construction, a plan calling out the limits of the Salt Marsh shall be submitted to the Conservation Commission. ?? Construction of the pier shall be accomplished by maximizing access from the water and upon completed sections of the pier. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland, salt marsh or tidal flats during construction of the pier. If there are no alternatives to not using heavy equipment in these areas, a construction plan shall be submitted to the Conservation Commission prior to construction. ?? The use of chromated copper arsenate (CCA) treated wood and creosote treated timber for piles and decking shall be used only after alternatives to CCA treated wood are explored. Wood preservative must be dry before treated wood is used in construction. ?? Piles placed below the plane of mean Low Water shall be mechanically driven to refusal, not jetted. The piles in the salt marsh, coastal bank or beach shall be placed by hand. ?? To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standard (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the structure shall be spaced at least ¾ inch apart. ?? Salt Marsh vegetation shall be avoided during construction. ?? Any area that is disturbed during construction is to be revegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. The motion is seconded by Goodenough. All members are in favor. Motion carries 4-0. Lang abstains. 76 Paine Avenue – Jack Swansburg Dr. Johnson moves to issue the following conditions: 1. Standard Conditions Goodenough seconds the motion. All members are in favor. Motion carries 5-0. Adjournment Dr. Johnson moves to adjourn. Seconded by Goodenough. All members in favor. Motion carries 5-0. The meeting is adjourned at 10:45 p.m.