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2005-04-12 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: April 12, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chair), Tony Paluzzi (Vice-Chair), Linda Goodenough, Ian Hayes, Mayo Johnson, Greg Cademartori, and Bill Squibb (arrives 7:15 p.m.) Members Absent: Others Present: Amy Maxner – Environmental Planner Recorder: Robin Levesque Lang calls meeting to order at 7:00 p.m. REQUEST FOR DETERMINATION OF APPLICABILITY 44 River Street- Massachusetts Electric Company (MECO) Maxner reads the legal notice. Andrea Desilets with ENSR Environmental, and Josh Holden with Mass. Electric provide a presentation of the project. Desilets explains Massachusetts Electric is proposing to remove two underground storage tanks, fuel pumps and canopy and concrete traffic pad within the Buffer Zone to Coastal Bank, Riverfront Area to the Bass River and Land Subject to Coastal Storm Flowage. She explains that the existing catch basin will be protected with silt fence and surrounded by hay bales. Desilets states that the removal of the UST is a result of the company’s new policy to rid its properties of UST’s, and that there are no leaks detected or suspected. Lang asks if a roll off container could be used instead of stockpiling. Holden states that the work will only take about 1 to 2 days at which time the soil will be sampled for diesel and gas contaminants. Back fill will take place immediately with clean 3 to 4 feet of clean gravel and clean soil. Any stockpiling will occur outside any buffer zones. An LSP will be on site during excavation and backfill to monitor the project. Lang asks when the UST was installed and if it is pressure tested periodically. Holden states that it was installed in 1993, and is pressure tested annually. Lang asks if there are any further questions from the Commission. There are none. Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 2 of 15 Paluzzi moves to issue a Negative # 2 Determination. Seconded by Goodenough. All members are in favor. Motion carries 6-0. Squibb arrives. MINOR MODIFICATION New: 2 Fosters Point , DEP File #5-869, Eileen Lang David Lang recuses himself from this portion of the meeting and leaves the room. Maxner reminds the Commission an Order of Conditions was issued for the construction and maintenance of a 205 foot long, 5 foot wide fixed pile supported pier, a 30 foot long, 3 foot wide attached gangway and a 6 foot by 20 foot and 10 foot by 20 foot pile secured terminal floats within Land Under the Ocean, Coastal Beach, Land Containing Shellfish, Salt Marsh, Land Subject to Coastal Storm Flowage and Riverfront Area of the Danvers River. Lang states Army Corp of Engineers (ACOE) requested that the terminal float remain floating in at least 24” of water at all times, which necessitates extending the dock from 205 feet to 210 or a maximum of 215 feet. She explains that the original length of 205 feet was proposed because they were confident that the floats would be in one foot of water at all times, but the ACOE insisted on two feet of water. Paluzzi asks if there are any questions from the Commission. There are none. Goodenough moves to issue a Minor Modification for the extension of the fixed pier by a maximum of 10 feet. Second by Johnson. Cademartori abstains. Motion carries 5-0-1 (five in favor, none opposed, one abstention) Lang returns to the meeting. New: 76 Paine Avenue, DEP File #5-876 – Jack Swansburg Jeff Lawler, contractor for the applicant, states the applicant would like to extend the grading beyond elevation 9 into the A2 Coastal Zone. He presents photos of the area to be graded and explains the applicant wishes to extend the area beyond the proposed terrace to provide space to walk freely along the edge of the terrace and create a gentler grade beyond the terrace. Maxner provides the plan submitted by the applicant. She states that she has reviewed the State Regulations and other guidance material and has found no performance 2 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 3 of 15 standards listed for Land Subject to Coastal Storm Flowage, but thinks there are compensatory storage issues to consider. Johnson states he thinks this may be more than a minor modification, and would not be willing to vote on this tonight without additional information. Lawler also states that the sea wall is failing at a rapid rate and several large granite blocks have fallen out and onto the beach, and the applicant is requesting to repair the wall immediately as he considers it an emergency and a hazard. He provided current photos of the wall. Lang cautions Lawler against doing any work on the wall before the Commission can observe it. Lang asks if the Commission needs to look at the site. Members agree a site visit would be very helpful. rd Paluzzi moves to continue the discussion on this item to the May 3 meeting, pending a site inspection schedule for Saturday April 23, 2005,at 8:00 a.m. All members are in favor. Motion carries 7-0. Recess for Public Hearing Paluzzi moves to recess for public hearings. Seconded by Hayes. All members are in favor. Motion carries 7-0. NOTICE OF INTENT Cont:234 E. Lothrop Street, DEP #5-864 – Jan Miller for Peter Monaco Bob Griffin, with Griffin Engineering, explains the applicant wishes to construct a detached garage and attached mudroom, within the Buffer Zone to the Bank of a stream that runs between East Lothrop and Iverson Streets. He states that the applicant retained his firm to determine the extent of floodplain in the area. Griffin states the site is within the Lawrence St Brook watershed and that there is no information available for the 100 year flood, it is in Zone B (between the 100-year and 500-year floodplain). He states that they put the elevation of the 100-year flood at 38, which is the estimated 100-year flood elevation based on photographs provided by the applicant which were obtained by a neighbor. He explains the garage and mudroom are not within this zone, and that it has been pulled forward closer to the street and farther away from the brook. 3 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 4 of 15 Lang asks the elevation and distance between the garage and elevation 38. Griffin responds that the garage is 40 feet from the edge of the brook, and it is approximately 12 feet from elevation 38, and the rear edge of the garage is at approximately elevation 39.5 at ground level. Maxner asks the dates of the photos and the correlating rainfall data for each. Griffin states that one photo is dated April 5-6, 1987 and the other is October 20, 1996. He states that he is fairly sure that the October 1996 photo depicts the 100-year storm. He adds that these photos were taken before the City made drainage improvements for this watershed, and these improvements are expected to reduce flood elevations. Lang opens the discussion to the public. Don Moca, 236 E. Lothrop Street, states he has 100-year maximum flood on his property. He shows photos taken after rains have stopped. He states that the applicant hasn’t submitted any project updates, no written updates and has never notified neighbors and asks the Commission for continuance of the hearing so that the abutters have time to review the reports. Hayes responds that he would not be in favor of a continuance as the applicant has done what the Commission has asked and he is satisfied with the information provided. Griffin states that the flat elevation of the back yard and the 100 year flood are approximated correctly, and that gutters have been attached to garage to flow toward the street and not the brook, thereby reducing the amount of runoff overall to the brook. Marie Moca, 236 E. Lothrop Street, states they had flooding last April, which came up from the groundwater. She states they would like to see the garage smaller, and asks how was the contractor going to use displaced soil. Griffin states that the soil will be removed from the property and then brought back when needed. Resident of 230 E. Lothrop St. states that the garage should be smaller, and flooding still occurs to a great extent even after the drainage improvements were done. Griffin states that the garage is 14’ x 24’ and will only accommodate one car and thinks this is the smallest feasible size. Lang asks the how the property owner would feel about a continuance. Griffin states they would like to have it closed. Squibb states he would like to continue the hearing to see the 10, 20-year flood. Lang states that he thinks that they have done what was asked and suggests closing the hearing. Lang asks if there are further questions from the Commission or the public. There are none. 4 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 5 of 15 Johnson moves to close the hearing, seconded by Paluzzi. Motion carries 6-0-1 (1 abstention). Cont: Cole Street, DEP File # 5-873 – James Manzi Lang asks for a quick summary. Thad Berry and Mike DeRosa provide a review of the project is to construct a 6 lot subdivision and stormwater management structure. The detention basin is designed to be a wet basin with native plantings, and that a series of test borings in this location have been done and soils have found to be gravely sand. He states that the natural flow from the site heads east, and runoff from the roadway, and driveways would go to the detention basin, and 4 out of the 6 houses will be equipped with dry wells to capture roof runoff. He explains that the 2, 10, 25 and 100 year storm events have been designed for, with a very slight increase at the 2-year storm, and that there is a decrease in overall peak discharge from the site which complies with the Stormwater Policy. He states that the Commission conducted a site inspection on Saturday, April 9, 2005 at 9:00 a.m. Lang opens the discussion to the public. Resident of 8 Thomas Road asks what would the impact be to flooding if they built a larger detention pond, who will maintain the pond and if additional shrubs could be planted along the edge of the basin for better screening. Berry states that the basin has been over-designed as it is, and that as the wetland plants grow in the basin maintenance will be minimal, except for the cleaning of the catch basins and the inlet, outlet and velocity reducers will need more frequent cleaning. If the City doesn’t maintain the basins that it would be the property owner’s responsibility. DeRosa states that additional shrub plantings would be no problem to incorporate. Lang asks if the catch basins are not maintained what will happen Berry states low velocity and silt will be building up. Renee Mary- 274 Hale St. asks if data has been produced of water leaving the detention pond into the wetlands and into her backyard. Berry states the peak discharge rates, infiltration rates, and water quality have all been addressed in compliance with the State Stormwater Policy and all the information is in the Notice of Intent. Renee Mary asks if a larger detention pond was built would it give more assurance of handling the storms. 5 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 6 of 15 Goodenough asks if the pond was larger if it would stay wet. Berry states that there will be infiltration in the basin and that groundwater levels are such that the wetland plants will survive as it is designed. Resident -8 Thomas Rd., asks if the pooling area in his back yard will increase the water level. Berry states they followed State Regulations and it should not make a difference. Goodenough asks for detail on the plantings. DeRosa states the plantings will be shrubs, silky dogwood, highbush blueberry, winterberry, some green ash, wetland sages, rushes, and a seed mix. The bottom of the pond will be heavily seeded to make sure everything gets established and stabilized. Lang asks if there are any other questions from the Commission or the public. There are none. Paluzzi moves to close the hearing, seconded by Johnson. All in favor. Motion carries 6- 0-1 (1 abstention). Cont: – 2 Boyles Street – DEP #5-862 – Manor Homes at Whitehall, LLC Hayes recuses himself from this part of the meeting and leaves the room. Robert Griffin states the applicant is proposing to construct roadway, site grading, drainage, and utilities for a 33 lot, cluster residential subdivision. He explains they have responded to Dr. Chiang’s comments and the basins all have stone bottoms and that it meets all stormwater management requirements; groundwater will be recharged and continue to feed wetlands; peak discharge has been reduced to all wetlands. He introduces Bill Manuell to speak to the vernal pool issue. Bill Manuel states that during the last meeting he provided information on the upland area between the vernal pool and the westerly leg of Wetland C, which detailed 3 soil test pits that showed upland soils and no connection to these systems. He conducted a site inspection with Maxner and reviewed the test pits and vegetation with her. Maxner states she agrees that this is indeed and upland area. Manuell states that the off-site McAulliffe vernal pool associated with Wetland C seems to be an area of disagreement. He states that there is BVW that surrounds the pool, and that there is an intermittent stream that discharges from the pool, which flows north, and there is connectivity between this BVW and stream to the western leg of the Wetland C. He presents a map that highlights the wetlands that connect the system in question to the ocean. He states that if the Commission takes a literal interpretation of its Regulations, and extends the 100-Foot No-Disturb Zone (NDZ) to include the entire system, it would end up with NDZ connecting every single down stream wetland out to the ocean, and he asks the Commission if this was the intent of that language in the Regulations. 6 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 7 of 15 Attorney Thomas Alexander, for the applicant, states the dictionary defines encompass the following way: to form circle, surround, encircle or envelope and states that he does not think the Commission can extend the NDZ to those wetlands that do not encompass the vernal pool. Goodenough states that, as one of the drafters, she is sure that the Ordinance and Regulations were intended to provide the Commission with discretion to protect the vernal pool habitat as every site is unique and surrounding habitat can vary greatly from one side of the pool to the other. She explains if there is unsuitable habitat on one side of the pool, then the Commission could extend that NDZ farther out on the other side of the pool to protect valuable habitat based on a habitat evaluation. Lang asks if there are any questions from the public. Joanne Avallon, 17 Boyles Street, introduces Mike DeRosa, wetland consultant for the neighborhood group. DeRosa states that ecologically speaking, Wetland C is one connected system and the vernal pool is part of that system and the entire system should be flagged in order to make informed decisions. Johnson asks if the flow from Wetland C joins the flow from the vernal pool and whether it backs up into the vernal pool. Manuell states that the stream is sinuous and merges with Wetland C about 500 feet to the north down stream and does not think that it backs up into the pool. He contends that the project will in no way impact the function of the vernal pool. Cademartori states that he was on site recently after the rain events and he observed a clear hydraulic connection from the northeast wetland at 44 Boyles Street to the vernal pool behind 48 Boyles Street. He states that water can be heard and seen running down the gradient into the pool. Maxner states that she also observed scour at the northerly boundary of this wetland clearly indicating overflow from this wetland system down to the vernal pool. Lang asks Commission what they recommend; close the hearing or ask the applicant for a habitat evaluation. Alexander argues that the Commission’s limit of jurisdiction is 100 feet as indicated in the Ordinance and Regulations. DeRosa responds that it is not a question of regulatory language but a question of habitat and contends that the Commission is charged with protecting habitat as one of the interests of the Ordinance. He explains the Regulations provide the Commission with the flexibility to protect habitat beyond the 100 feet if an evaluation provides evidence of important habitat usage. Maxner reminds the Commission of its ability to request a wildlife habitat study and reads directly from the Beverly Regulations, Section II 5. b. and Section III A. 5. 7 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 8 of 15 Squibb states that the entire wetland in this system should be flagged and that the habitat should be evaluated per Sections II and III of the Commission’s Regulations. A brief discussion ensues regarding this issue and members agree a continuance is necessary in order to gather more information. Griffin and Manuell agree to a continuance. Johnson motions to continue the hearing to the May 3, 2005 meeting pending the submission of a habitat evaluation of Wetland C and the vernal pool behind 48 Boyles Street per Regulations Sections II and III, to be reviewed by May 3, 2005. Maxner asks the Commission if Dr. Windmiller should be cc’d on this. Members agree and direct Manuell to include Dr. Windmiller on the cc list. Seconded by Goodenough. Cademartori abstains. Motion carries 5-0-1 (five in favor, none opposed, one abstention) Cont: 2 Boyles Street, DEP #5-816 – Manor Homes at Whitehall, LLC th Griffin, representative for the applicant requests a continuance to the May 24 meeting. Palulzzi moves to grant a continuance as requested. Seconded by Squibb. All members are in favor. Motion carries 5-0-1 (five in favor, none opposed, one abstention). Hayes returns to the meeting. Cont: – 7 Elm Top Lane – DEP # 5-870 - Robert Hubbard Robert Griffin, Griffin Engineering, 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 the Coastal Bank, Rocky Intertidal Shore and Land Subject to Coastal Storm Flowage. He explains the concrete blocks supports were increased from 18 inches thick to 48 inches thick based on comments from the Commission at the site inspection. The blocks will be vibrated down to the required depth and he does not anticipate a need to drill in this area as it is sandy. Goodenough states she has an issue with the floating dock, as there are a lot of shellfish in the vicinity and the tides are very strong and she is unsure that the blocks will stay secure. Lang opens the discussion to the public. Charles Harris, 9 Ober Street, asks if there are any other piers in Beverly of this length and who will maintain it? Griffin states that there are plenty of piers in Beverly, and that the homeowner will maintain the structure. 8 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 9 of 15 Lang explains that the Commission has recently approved 3 new piers down off of Fosters Point that are longer than this one. Harris asks what the mean high tide is. Griffin responds elevation 5. Harris states that his neighbor’s dock gets washed out frequently. There being no further questions or comments from the Commission or the public, Paluzzi motions to close the hearing. Seconded by Hayes. Cademartori abstains. Motion carries 6-0-1 (six in favor, none opposed, one abstention). Cont: - L.P. Henderson Road – DEP #5-872 – Beverly Airport Mini Storage, LLC Lang recuses himself from this portion of the meeting and leaves the room. Thomas Ford, applicant, states he is proposing to construct four mini storage units and associated drainage structures within the Buffer Zone to BVW. He goes on to explain that the Superceding Order of Conditions, issued by the DEP expired and not renewed on time. He is requesting a new Order of Conditions with minimum changes to the proposed plan, and states that the plan respects the Beverly 25-Foot No-Disturbance Zone. He briefly explains other changes to the plan. He states he would like to seal the monitoring wells. Paluzzi asks a clarifying question about the drainage. Ford states that the existing impervious surface will remain the same, as will current rates of infiltration. He explains the drainage system has been improved from the last plan, as a Vortechnics unit will be employed for TSS removal. th Squibb reminds the Commission and the applicant about items discussed at the April 9 site inspection regarding the debris on the slope, closure of the wells, and saving the trees in the vicinity of the proposed retaining wall. Paluzzi states these can all be applied to the Order as special conditions. Joan Murphy, 36 Longmeadow Road, asks if the wells be used at a future date. Ford states that he is hoping the DEP will order their closure as they could pose an avenue for further contamination if left open. Hayes moves to close the hearing. Seconded by Goodenough. All members are in favor. Cademartori abstains. Motion carries 5-0-1 (five in favor, none opposes, one abstention). Lang returns to the meeting. 9 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 10 of 15 Cont: 43 Paine Avenue DEP #5-857 – Barn Hill, LLC Lang reads letter from applicant asking to ontinue to May 3, 2005 meeting. Johnson moves to grant a continuance as requested. Seconded by Squibb. Cademartori abstains. Motion carries 6-0-1 (six in favor, none opposed, one abstention). Cont: Off Boulder Lane – DEP #5-815 –Miles Group, LLC Maxner states the applicant has requested a continuance to the July 12, 2005 meeting. Lorraine Iovanni, 28 Kennel Hill Drive states that the applicant withdrew from the ZBA without prejudice, and asks what point is there in continuing with this project if it was withdrawn last year. She goes on to ask what the impact of this project is on Beverly’s drinking water supply, and states that there are 3 vernal pools on site which should receive the maximum protection. Lang states that by law the Commission doesn’t have authority to require that the applicant withdraw. Maxner states that the Commission would need to have asked for additional information and if the applicant does not provide it the Commission would be in a better position to take action and close the hearing. Paluzzi moves to grant the continuance. Seconded by Hayes. Cademartori abstains. Motion carries 6-0-1 (six in favor, none opposed, one abstention). New: West Street – DEP #5-848 – Dr. Edmund & Marie Carnevale Maxner reads the legal notice John Dick, Hancock Associates, states the applicant proposes to construct single family home, driveway and utilities within Riverfront Area to Chubbs Brook, Buffer Zone to BVW, and Bordering Land Subject to Flooding, he explains the driveway was intended not to have any changes in grade. He explains that the Commission denied the project and it was superseded and approved by the DEP with some changes to the plan and he is now back before the Commission for to seek approval under the Ordinance. He explains that compensatory storage was doubled as requested by the Commission at the DEP site inspection. Lang asks Commission if they have any questions. Paluzzi asks a clarifying question about the City’s Chubbs Brook drainage project. Dick states that after the City has completed its work on the site and before the applicant can begin any work on the site, the grades must be restored to pre-construction conditions. 10 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 11 of 15 Lang opens the discussion to the public. Ann Lewis, 108 Hale Street, asks if this hearing could be postponed in order to give time for the City to finish the drainage project so that the site could be evaluated at that time. Dick responds that the project meets all the zoning and wetland setback requirements and will have to meet all pre-construction conditions before work starts. Dick goes onto explain that his client will be responsible for landscaping the Buffer Zone after contstruction of the house and the City will be replanting the wetland and 25-Foot No-Disturb Zone based on his recommendations for species. Lang asks for a list of the replanting plan for both the City portion and the applicant’s portion. Dick agrees to provide both. There being no further questions or comments from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Johnson. All in favor. Motions carries 7-0. New: 34 Fosters Point – Martin Plecinoga Maxner reads the legal notice. Maxner states that the applicant is unable to attend the meeting and suggests that the Commission schedule a site inspection at which the applicant will be present. She explains the applicant proposes to construct wooden walkway, install fence, construct swing set/play area, garden shed, and lawn repairs within the Salt Marsh. Paluzzi moves to continue the hearing to the May 3, 2005 meeting, pending a site visit scheduled for Saturday April 23, 2005 at 9:00 a.m. Seconded by Hayes. All members are in favor, motion carries 7-0. OLD/NEW BUSINESS Cont: Beverly Airport Tree Removal – Discussion with Peter Simpson Peter Simpson, member of the Airport Commission, states that the Commission proposes to remove some trees that pose a danger to aircraft travel and that most of the trees are located on private property and some are within wetlands and associated Buffer Zones. th He recalls discussion from the site visit on Saturday, April 9 concerning trees that are within the wetland and that topping those that are healthy would be preferable to the Commission. Maxner states that most of the trees within the wetland are at 53 Trask Street, and the Commission would insist on having the agent and/or a member on site at the time of cutting to direct which trees should be topped and which could be cut down. 11 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 12 of 15 Goodenough asks if the Airport Commission would be willing to replace some of the trees. Simpson states yes, there should be some money in the budget to accommodate that. Simpson states that he has agreed to provide a copy of the RFP to the Commission for its review and will contact the Commission as soon as a contractor is secured. Members agree to be available if they can to accompany Maxner at the time of cutting. Squibb asks how soon this would be occurring. Simpson states that it won’t happen probably until next winter as the summer is approaching and the contractor will need firmer/frozen ground to maneuver machinery with. New: 49 Sonning Road – Enforcement Order – Paul Lyons, Thomas Pyburn Maxner stated she received calls from abutters to 49 Sonning Road, stating that vegetation was being cut (some trees, brush, shrubs), which took place within the 200 foot Riverfront Area. She conducted a site inspection and met with Paul Lyons, future owner of the site. She explained to Mr. Lyons the Commission’s jurisdiction and the violations on site and issued an Enforcement Order. Paul Lyons, Thomas Pyburn (current owner) and Bruce Poole, SP Engineering, are present at the meeting. Poole states he was retained by Mr. Lyons to do a 21E Report as the site has a history or dumping, and that they were planning on filing a Notice of Intent for the construction of a single-family house. He goes on to explain that sometime between 1984 and 1986, a study was performed on the site, but was prior to implementation of the Massachusetts Contingency Plan and therefore the site was only reviewed as a landfill. His investigation will be much more intensive. Cademartori asks Maxner the extent of cutting that occurred. Maxner states that she was unable to determine if there were many trees, but it seemed that the site was overrun by scrub shrub and briar bushes. She adds that the cutting stopped approximately 30 feet from the edge of the stream and there was no apparent erosion. Maxner suggest the Commission ratify the Enforcement Order and require that erosion control be placed to prevent erosion. Lang states the Commission will keep the Enforcement Order in place in the anticipation that they will be filing a Notice of Intent. He requests that the results of the 21E report be included in the NOI. Poole agrees. Paluzzi moves to ratify the EO. Seconded by Johnson. All members are in favor. Motion carries 7-0. 12 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 13 of 15 Cont: Elm Top Lane – Replanting Plan Robert Griffin states that at the most recent site inspection, it was observed that 6 shrubs where damaged and the applicant is willing to replace these shrubs in kind. Lang asks if there are any further questions from the Commission. Maxner states that the erosion control along the limit of the bank needs to be reinstalled and the new shrubs be planted prior to work on the second house. Griffin agrees to carry out these directives. Paluzzi motions to require replanting of the 6 damaged shrubs before work begins on the second house lot. Seconded by Goodenough. Cademartori abstains. Motion carries 6-0- 1 (six in favor, none opposed, one abstention). ORDER OF CONDITIONS 234 East Lothrop Street – DEP #5-864 Paluzzi moves to issue Standard Conditions. Lang motions to add the following Special Condition: 1. A cape cod berm shall be constructed along the length and on both sides of the driveway. Seconded by Johnson. Cademartori abstains. Motions carries 6-0-1(six in favor, none opposed, one abstention). Cole Street – DEP #5-873 Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. The deed associated with Lot # 6 shall contain language requiring that the owner of said Lot shall be responsible for maintenance of the wet basin and its associated inlet, riprap outlet and velocity reducer structures in perpetuity. 2. As discussed at the public hearing of April 12, 2005, the proposed shrubs which are less tolerant to flooded conditions shall be planted closer toward the top of the berm surrounding the wet basin in order to ensure their survival. 3. Twelve (12) additional native woody shrubs shall be planted along the westerly perimeter of the wet basin in order to provide enhanced wildlife cover and screening. Seconded by Goodenough. Cademartori abstains. Motion carries 6-0-1 (six in favor, none opposed, one abstention). 13 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 14 of 15 7 Elm Top Lane – DEP #5-870 Johnson moves to issue Standard Conditions, Hayes moves to issue the following Special Condition: 1. Water craft shall be operated in a manner that will not cause damage to the seafloor. Seconded by Squibb. Goodenough and Paluzzi are opposed. Cademartori abstains. Motion carries 4-2-1 (four in favor, two opposed, one abstention). West Street – DEP #5-848 Paluzzi moves to issue Standard Conditions, Lang moves to add the following Special Conditions: 1. A pre-construction survey of the site conditions shall be submitted to the Commission after the City is done with the sewer construction. 2. A re-planting plan with specifications shall be submitted to the Commission for review and approval prior to any construction. Seconded by Squibb. All members are in favor. Cademartori abstains. Motion carries 6- 0-1(six in favor, none opposed, one abstention). APPROVAL OF MINUTES Members review the minutes from the March 22, 2005 meeting. Maxner states she offers changes to the 9 Orchard Street section on page 2 as the conversation with the abutter was left out. Paluzzi moves to accept the March 22, 2005 meeting minutes as amended. Seconded by Johnson. All members are in favor, Cademartori abstains. Motion carries 6-0-1 (six in favor, none opposed, one abstention). 14 Beverly Conservation Commission April 12, 2005 Meeting Minutes Page 15 of 15 Old/New Business Continued 7R Netherton Street Maxner states she went to a site visit at 7 Rear Netherton, where there is an above ground pool. Maxner states that there is an intermittent stream and the resident wants to construct an attached garage addition. Maxner states she took some soil samples and she thinks the pool is in the wetland and portions of the lawn are wetland as well. Lang states that the area should be looked at by a professional and suggests that Maxner provide a list of consultants to the homeowner. Regulation Revisions, 310 CMR 10.00 Maxner states she just received the March 1, 2005 Revisions to the State Regulations, 310 CMR 10.00. She will make copies of the applicable sections and send to members for their regulatory handbooks. Earth Day Update Maxner reminds the Members of Earth Day, April 30, 2005 at Lynch Park from 10:00 a.m. to 2:00 p.m. and that she will set up a table for the Conservation Commission and invites any and all members to attend and possible man the table. Paluzzi moves to adjourn. Seconded by Hayes. All members are in favor. Motion carries 7-0. Meeting is adjourned at: 11:30 p.m. 15