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2006-12-12 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: December 12, 2006 Board: Conservation Commission Members Present Chair David Lang, Vice Chair, Tony Paluzzi, Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes, Mary Reilly, and Bill Squibb Members Absent: None Others Present: Amy Maxner – Environmental Planner Recorder: Eileen Sacco Chair Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, Beverly, MA. Request for Determination of Applicability Cont: 305 Hale Street – Excavation for Addition and Machinery Access – Endicott College Joe Orzel states that the Commission will recall the proposal is to construct an addition to Ebinger Hall, with the addition remaining outside the Buffer Zone but there will be construction activities within the outer 50 foot Buffer Zone. He notes that a site inspection was held on Saturday December 2, 2006 and provides revised plans, and explains that the only change is that the area drain has been moved to the other side of the driveway within the lower side of the driveway. Maxner questions where the construction entrance will be and if there will be any impact on the swale. Orzel notes that it will be off Hale Street and they will construct a pad that will be rip rap and when the site is completed they will loam and seed it. He notes that it will be temporary situation. Lang questions if the pad will be gravel. Orzel confirms that it will be gravel so it will be permeable to allow water to drain from the site. Lang asks for public comments at this time. Rene Mary, 274 Hale Street, addresses the applicant and asks if it would be possible to clean the stream and the wetland noting that there is a lot of trash in there. Bill Vitkosky addresses Ms. Mary and states that they will clean it out. Ms. Mary also requested that they dig up the pipe that runs through the wetland to allow water to flow more freely into Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 2 of 15 the marsh. Orzel states that he is not sure if digging up the pipe will increase the flow noting that they might get into a situation where if they dig up the pipe they might get into a restoration situation. He also notes that there could be 60 feet of pipe there he is not sure. He notes that there is a broken clay pipe on the site and they are proposing to fix that. Hayes notes that the applicant will come back with a plan for additional work and that might be the time to address that issue. Maxner notes that the footprint of the new addition was left off the revised plans and requested that the applicant submit new plans showing that. There being no further questions or comments regarding this matter, Paluzzi moved to close the hearing and issue a Negative # 3 Determination. Hayes seconds the motion. The motion carries (6-0-2 with Reilly and Lang abstaining). New: Groce Street, Grover Street, Noble Hill Road, Pillow Lace Lane, Standley Street, etc. – Construction and Resurfacing of Various Roads – City of Beverly Maxner reads legal notice. Maxner explains that the City of Beverly is proposing to repave various street within the city s depicted on the maps shown on the screen. Eric Barber the Assistant City Engineer addresses the Commission and explains the Engineering and Department of Public Services will be repaving various streets within the City. He explains the paving is part of the Chapter 90 Paving List program, which is a state funded grant program. He reviewed the locations of the streets involved and noted the proximity of the resource areas to those streets. He also notes that they will keep the Water Board informed of their activities as there are areas that would be of interest to them as well. Squibb notes that there are no curbs on Standley Street. Barber agrees and explains that they will not be widening any streets and generally grinding existing pavement from curb to curb, which is some places would translate to edge of existing pavement. Lang asks for public comment at this time. Rene Mary questions why they are not paving Hale Street. Lang reminds Ms. Mary that the Commission can only consider issues that are before them. There being no further questions or comments regarding this matter, Paluzzi moved to close the hearing and issue a Negative # 3 Determination with the following Special Conditions 1) Erosion control shall be installed if work comes within 25 feet of any resource area; 2) Where work is within the vicinity of a stream crossing, steel or plywood Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 3 of 15 sheeting shall be employed to avoid and minimize erosion of loose materials into the resources. Johnson seconds the motion. The motion carries 7-0. Paluzzi moves to recess for public hearings. Johnson seconds the motion. The motion carries 7-0. Abbreviated Notice of Resource Area Delineation Cont: Sam Fonzo Drive – Map 65 – Lot 4 – Resource Area Delineation – Kelleher Construction Elizabeth Wallis states that the applicant is requesting that 9,413 linear feet of BVW be th affirmed and the Commission held a preemptive site visit on Saturday November 11 at the request of the applicant. She notes that a portion of this wetland was determined under a previous ANRAD when Sam Fonzo Drive was constructed. She notes that the Commission requested additional data sheets for soils and vegetation within the areas between Flag A10 – A20. Elizabeth Wallis of Hayes Engineering addresses the Commission and explains that she has revised the wetlands line on the plan as requested by the Commission. She also notes that she has provided the Commission with the BVW data sheets as requested. She also reports that she took additional soil samples and found vegetation plots on the site and explained the locations and the matrix color of the soils on the plan. She states the area in question is clearly upland with a grove of Sumac, with soils of bright matrix, 10YR 3-4 and very yellowish. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 7-0. Cont: Trask Street/Sam Fonzo Drive – Map 72 – Lot2-C – Roland Vitale Elizabeth Wallis recalls that the applicant is requesting that 591 linear feet of BVW be affirmed. She explains that a site inspection was held on Saturday, December 2, 2006 at which time the wetland line was observed. She also explains that a couple of flags were moved at the Commission’s discretion. Squibb notes that it was obvious that fill was dumped on the site and in the wetlands and questioned if it is a type of fly ash. He notes that he feels that it is interwoven throughout the wetlands and notes that the area directly abuts the area that was flagged as wetlands. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 4 of 15 Cademartori notes that the most recent USGS map depicts the area as a gravel pit, but historic maps clearly show a stream and associated wetland, which may be more extensive than the plan now before the Commission. Reilly states that she thinks that testing the area is a good idea. Cademartori questions the timeline of the filling noting that he would like to be sure if it pre-dated the Wetlands Protection Act. Lang suggests that the Commission continue the hearing, and asks Ms. Wallis to report back to the Commission as to whether any state or federal regulations have to be addressed. He states that the Commission would like to know if it is fill, solid waster or regulated material. He states that information should be provided regarding when it was dumped to determine if the Commission does have jurisdiction for wetland filling. He notes that whatever is there it may not be within the jurisdiction of the Conservation Commission depending on the statute of limitations. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to January 9, 2007 pending the submission of additional information. Hayes seconds the motion. The motion carries 7-0. Notice of Intent Cont: 412 Hale Street – DEP File #5-909 – Landmark School – Construction of Athletic Complex with Parking and Athletic Field Maxner explains that the applicant has requested that the matter be continued to the January 9, 2007 meeting. Paluzzi moves to continue the public hearing to January 9, 2007. Hayes seconds motion. The motion carries (7-0). Cont: 27 Ober Street – DEP File # 5-922 – Rehab Seawall with Alterations to Stairs/Ramp Access – Christopher Dick Maxner explains that the Commission will recall that the applicant is proposing to repair portions of the seawall, steps to the beach, and raise the height of the wall by about 18” and backfill with loam and seed for lawn conditions as exist now. She notes that the Commission requested that she contact Jill Provencal at DEP to schedule a site inspection. She explains that she talked with her and Ms. Provencal told her that she and Rebecca Haney are not in agreement with David Smith’s most recent correspondence and her position has not changed on this project. She notes that in response to this the Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 5 of 15 applicant has submitted a revised plan and Jill Provencal has indicated that these are acceptable as they scale down the proposed height of the wall by 6-8 inches and a planting strip has been proposed immediately behind the wall. David Smith of Vine Associates addresses the Commission and explains the history of the site since they were here in July. He explained that they have prepared a revised compromise plan, which calls for a 130 foot section of the wall that will be raised 12 inches rather than the proposed 18 inches and they will provide a 2-foot vegetated swath along the landside of the wall. He also explains that they agree that if the planted buffer does not work they will go back to a lawn area. Cademartori asks if they considered using a geotextile fabric to reinforce the planting strip to reduce a potential issue with scouring. Smith states the applicant would be happy to incorporate that into the plan. Maxner asks if the Commission has strong feelings regarding the use of Ragosa Rose, a non-native plant. Hayes states that he prefers native salt tolerant plants. Maxner asks Johnson if he is comfortable with the work that is being done in the NDZ. Johnson states that he is fine with that as the project provides mitigation in the planting strip. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 7-0. Cont: 171 Common Lane – Len Berteaux – Abbreviated Notice of Intent Maxner recalls that the applicant is proposing to construct a two car detached garage within the Buffer Zone to a BVW and stream. She notes that a site inspection was held on Saturday, December 2, 2006 at which time the wetland line was reviewed with the applicant’s wetlands consultant and two flags were moved upgradient, which will necessitate shifting the location of the proposed garage to avoid the 25 foot NDZ. She also notes that restorative plantings and demarcation of the 25 foot NDZ and removal of trees were also discussed at the site visit and the Commission designated a certain size tree that should remain on the site. Mr. Berteaux addresses the Commission and explains that two new flags were placed on the site and he has revised the plans accordingly. He explains that the moving of the flags results in the 25-Foot NDZ will have to be moved as indicated on the plan. Lang asks if the pink line on the plan indicates the wetland line. Bertaux states it is. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 6 of 15 Cademartori asks for additional information on the trees that they wish to remove. Berteaux states that all of the trees to be removed have been tagged and the Commission should have seen them while at the site inspection. Paluzzi asks if they will be pulling the stumps out or leaving them in place. Berteaux explains that they will grind them. Squibb notes that there are some trees on the site that should not be removed especially within the 25-Foot NDZ. Hayes agrees and notes that there are a couple of bad trees on the site but there are also some trees that should be kept. Johnson notes that there are some trees in the NDZ that should not be disturbed. Lang asks how many problem trees there are on the site and if they are in the NDZ. Berteaux explains the locations and notes that some are in the NDZ but most are not. He notes that he would like to open up the area and explains that some of the trees that are there probably will not survive the construction and explained the locations on the plan. Maxner notes that there is a corner that is close to the NDZ. She also notes that the Commission indicated to the wetland scientist that they would like a restoration planting plan to compensate for the work being performed in the NDZ. Lang agreed and noted that if the Commission is going to allow the cutting of trees or work in the NDZ then there should be a restorative planting plan. Lang suggested that 5 to 10 native species shrubs should be planted on the site. Berteaux noted that he received a letter from DEP stating that a full Notice of Intent should be filed for this project. Maxner explained that it was an error and notes that an Abbreviated Notice of Intent can be filed because it is less than 1000 feet. She explains that she reviewed the footprint of the proposed structure and will call DEP and let them know that the Commission reviewed it. Berteaux stated that he will check the tagged trees and if any of them are in the NDZ he will make sure that they are not cut down. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Hayes seconds the motion. The motion carries 5-0-2 with Reilly and Lang abstaining. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 7 of 15 Cont: 18 Meadow Road – Peter Hallisey Al Galla states that the applicant experiences serious flooding in part because the elevation of the house and portions of the driveway and yard are below or at the wetland elevation. He explains the applicant is proposing to raise the grade of the backyard as well as work with existing drainage to improve the situation for the more frequent average rain events. He notes that some of the Commission members visited the site in September and met with engineers and the wetland scientist at which time general site conditions and the drainage catch basin located in the wetland, were observed. The Commission visited the site again in December at which time the Commission observed site conditions after a rain even the night before. Galla notes that he revised the plan to include the drainage connection across the road to the pond. Lang notes that this solution will not eliminate the problem but will help with a one-year event. He further notes that it should improve the situation for some storms and better management of the site. Hayes states that he looked at the site from the top of the hill and you can see the effect that all of the water has had on the area. Cademartori states that he would like the Engineering Department to sign off on this noting that part of the property is City owned land. He notes that he supports the project and wants to make sure that there is no further impact on the abutting properties. Maxner suggests that they submit the plans to the engineering department who will forward them to the DPW. Cademartori questions who will be responsible for maintaining what is on the city owned property. Gallo states that they will try to get an easement from the City so that the homeowner can maintain the system. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. Cont: 1 Sherwood Lane – Michael Tremblay Maxner recalls that the applicant is proposing to construct an addition and decking within the Buffer Zone to a BVW. She notes that a site inspection was held on Saturday, Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 8 of 15 December 2, 2006 and areas for mitigation were discussed which Ms. Wallis indicated she would talk to the applicant about. Elizabeth Wallis addresses the Commission and explains that the wetland line is in the rear of the house and the applicant is planning to remove the two trees that are nearest the house. She also suggested that they mitigate for slight incursion into the 25-Foot NDZ by planting 11 high bush blueberries in a five-foot wide strip as indicated on the revised plan. She also notes that they are going to remove a pile of yard waste and lawn clippings that were dumped over the headwall, and they will accomplish this manually. Hayes notes that the proposed location of the high bush blueberries is in the conservation easement and questions if that is legal. Maxner states that she cannot find any language in the regulations regarding that, but she thinks that planting native plants would only enhance the area. Hayes agrees and states that without any specific restriction language to look at he would assume that it meant no building of any kind be allowed. Lang states that he believes all of the wetland resources within the subdivision are encumbered by the restriction. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 7-0. New: 107 Preston Place and Pole Swamp Lane – Excavation and Grading Activities – John Soursourian Maxner reads legal notice. Maxner recalls that the Commission visited the site in early September to observe grading that had taken place in late July. She notes that the Commission required that a NOI be submitted to show all work and any and all wetlands within 100 feet of the work. She also notes that the Commission requested that a planting plan be submitted as well. Elizabeth Wallis addresses the Commission and explains that the NOI is in response to an Enforcement Order issued by the Commission. She explains that the area was seeded with a wild flower mix and noted that there was one area that was not seeded, but that the seed has established very well and is growing vigorously. She also notes that part of the disturbance was in the 25 foot NDZ and they are proposing to plant 8 cinnamon ferns for stabilization along with the hydro-seeding. Maxner asks if Wallis checked the north side of the house for any jurisdiction or wetlands located there. Wallis states that she only looked at the areas she was directed to. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 9 of 15 Paluzzi requests that they install a siltation fence when work is done, noting that he wants the area protected. Wallis states that fencing is now in place and has been since the summer, and adds that it is functioning well. Maxner reads a letter from the Beverly Open Space and Recreation Committee requesting that the applicant consider donating signage to encourage more public use of the area. Mr. Soursourian addresses the Commission and explains his reasons for refusing this request. He explained that the area is widely used noting that he has lived there for 20 years and contends with ATV users, which is extremely disruptive and detrimental to the trails. Maxner states the Commission may prefer woody plant species to be planted rather than the herbaceous ferns. Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Reilly seconds the motion. The motion carries 7-0. New: 87 Lothrop Street – Add Revetment to Base of Existing Wall – Jeffery Filmore Maxner reads legal notice. William Kelly addresses the Commission and explains the applicant is proposing to install 600 s.f. of boulder rip-rap protection at the base of his seawall within Coastal Beach/Rocky Intertidal Shore and refers to the plan and notes the locations where they plan to install stone rip-rap to the existing seawall. He notes that they have a Chapter 91 license to maintain the site but it does not include the proposed work. He provides photographs of the area for Commission review. Maxner asks what the square footage of the proposed rip-rap is. Kelly explains that it will be 60’ x 10’ and four feet high. Lang asks if they have had any discussion with Chapter 91 to get the license revised. Kelly states that they have not. Lang suggests that the Commission continue this hearing and hold a site inspection on January 6, 2007 at 8:30 a.m. Squibb asks how much stone will be installed. Kelly estimates that they will use about two tons. Maxner notes that the impact from the land subject to coastal storm flowage is not noted in the NOI. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 10 of 15 Lang opens the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to January 9, 2007 pending a site inspection scheduled for Saturday, January 6, 2007 at 8:30 a.m. Reilly seconds the motion. The motion carries 7- 0. New: 443 Essex Street – Renovate Building and Fuel Service Island – Construct Drive Thru etc. – S.A.S.G. Realty, LLC Maxner reads the legal notice. Bob Griffin addresses the Commission and explains that the applicant is proposing to perform site work involving reconfiguration of the building footprint, fuel service island, parking, construction of a drive thru and installation of a new 8,000 gallon UST and stormwater improvements within the 100 foot Buffer Zone and 25 Foot NDZ to BVW and outer Riverfront Area. He refers to the plans and notes that this is an existing gas station known as the Global Gas Station on Essex Street. He explains that it is a small parcel (13,000 s.f.) with no wetland resource area on the property with the exception of 200 feet of Riverfront Area and Buffer Zone. Griffin explains that they are proposing to renovate the existing building and eliminate nine feet of the building at the south and north ends of the building eliminating the service bays and installing a drive thru. He notes that the site is currently paved and will remain that way. He goes on and explains that the plan to install storm scepters that will remove solids from stormwater runoff noting that there are no stormwater controls on the site now. Lang notes that they need a variance from the ZBA for the drive thru use and questions what that will do to their design. Griffin states that Atty. Thomas Alexander met with the Building Inspector regarding that and it was determined that there were no zoning issues. Maxner states that she discussed this project with Robert Nelson, Building Inspector, and he determined that the drive thru will trigger the need for a variance as it is in the CN zone. Cademartori questions if there will be any change in grade in the area where the storm scepters will be installed. Griffin states that there will be a small change in grade to direct the flow and level out the corner of the lot. Maxner notes that the proposed rip-rap is about 8 feet from the wetland line and is concerned with the slope in that area. Lang suggests that the Commission hold a site visit. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 11 of 15 Griffin notes that the existing island infringes on the public right of way and they will be replacing that. He also notes that they are not rebuilding, they are renovating. Lang opens the hearing up for public comment at this time. Joseph Isrealshon of 8 Alcan Road addresses the Commission and expresses his concern about the ground water in that area near the gasoline tanks. He notes that 21 years ago there was a gas leak over a period of time and the area was contaminated and it created a hazardous condition and made his house inhabitable. He states that the addition of an 8,000 gallon UST will only increase the risk of further contamination. Griffin explains that there was a waste oil tank behind the building that is not used much and it will be removed. He also states that the property went through a 21E site assessment and clean up and is now in compliance with the DEP. He also explains that the area is monitored regularly and the removal of the tank will give them the opportunity to see if further contamination is on the site, noting that they are not aware of any leaks. There being no further questions or comments regarding this matter, Paluzzi moves to continue the hearing to the January 9, 2007 meeting pending a site inspection scheduled for Saturday, January 6, 2007 at 9:00 a.m. Hayes seconds the motion. The motion carries 7-0. OLD/NEW BUSINESS Continuation: 76 Paine Avenue – Enforcement Order – Jack Swansburg Maxner notes that comments from the Mr. Swansburg’s Attorney and a response opinion from the City Solicitor are included in the packet and asks if the Commission has any questions or comments. Johnson states the Commission needs to develop a clear policy on enforcement. Lang agrees and suggests that should be something worked out with the City Solicitor. Massachusetts Bay – Neptune LNG, LLC – Deep Water LNG Port in Beverly Harbor Maxner explains that the Commission voted to issue Special Conditions that mirrored that of the Algonquin LNG Order but that the applicant would like to discuss the Conditions, and they have provided a waiver from the 21 day time period to issue the Order in favor of discussing the proposed conditions with the Commission. Mr. Douglas Jones from Neptune LNG addresses the Commission and reviews the proposed conditions and provides a matrix sheet showing the changes for Commission Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 12 of 15 review. He explains their reasoning for the changes and slight revisions they have suggested as follows: Condition #15 – regarding compensatory mitigation – Jones notes that the information will be passed on to the Commission. He explains that they have to supply money to the state that will be used to provide certain projects around the state. He notes that the state provided the framework for it and it is non negotiable. Lang notes that the Commission had no say in the matter of mitigation and notes that Algonquin gave the impression that there would be local aid, noting that there is some, but it was pre-determined by the state. Reilly questions if the mitigation package addresses the impacts the construction of the pipeline will have on the harbor. Jones explains that there is $100 million dollars to mitigate the impact by design. He states that they cannot mitigate every impact. Cademartori states that he wants the language in condition 15 to stand and explains his original concern about the mitigation package. He notes that he is concerned that there is no hope of mitigating anything related to this pipeline noting that the money is earmarked for state projects and the local jurisdiction gets nothing. He also notes that he is aware there is $150,000 earmarked for Salem Sound Coast Watch. Lang agrees and notes that there was $15 million dollars in mitigation money for the last Hubline project and it went to the Boston Harbor Islands but none to the local communities. Lang notes that there is nothing that provides mitigation if post monitoring shows damage, what will be done about it. He suggests that Condition number # 10 be changed to read during construction and post construction. Condition #32 – rewording of the language regarding mid line buoys – so that they are not a requirement. There being no further question or comments regarding this matter, Paluzzi moves to approve the revised Order of Conditions for Neptune LNG pending review by the Conservation Administrator. Hayes seconds the motion. The motion carries (6-1-0) with Cademartori opposed. Orders of Conditions 27 Ober Street Discussion ensues regarding potential conditions to place on the project. Paluzzi moves to issue the following Conditions: Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 13 of 15 ?? Standard Conditions 1. A geotextile/coconut fabric type of treatment shall be placed over the area of planting strip to help further impede erosion. 2. The proposed Rugosa Rose, a non-native plant, shall be replaced with a comparable native shrub acclimated to coastal conditions Hayes seconds the motion. The motion carries 7-0. 171 Common Lane Discussion ensues regarding potential conditions to place on the project. Paluzzi moves to issue the following Conditions: ?? Standard Conditions 1. Except for the oak tree located in close proximity to the proposed garage, no trees shall be cut within the 25-Foot No Disturbance Zone. 2. Ten (10) native shrubs shall be planted randomly within the 25-Foot No Disturbance Zone, to be chosen from the attached list. 3. The limit of the 25-Foot No Disturbance Zone shall be demarcated with weather resistant material bearing the following language: “No Disturbance Beyond This Point By Order Of The Beverly Conservation Commission”. Markers shall be spaced at 25-foot intervals along the flagged BVW line. Johnson seconds the motion. The motion carries 6-0-1 with Lang abstaining. 18 Meadow Lane Discussion ensues regarding potential conditions to place on the project. Paluzzi moves to issue the following Conditions: ?? Standard Conditions 1. Prior to work commencing, a written approval from the City Engineering Department or other appropriate City entity for said work to be conducted and located on City of Beverly property shall be submitted to the Commission for its record. 2. Prior to work commencing, an easement agreement between the City of Beverly and the homeowner shall be executed and noted on the deed to the subject property. Such agreement and deed notation shall be submitted to the Commission for its record. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 14 of 15 Johnson seconds the motion. The motion carries 7-0. 1 Sherwood Lane Discussion ensues regarding potential conditions to place on the project. Paluzzi moves to issue the following Conditions: ?? Standard Conditions 1. Mowing within planting strip shall cease in order to allow area to naturalize. 2. Removal of grass clippings adjacent to the headwall shall be accomplished manually. 3. The compost box located along the southern edge of the driveway shall be removed manually, and relocated outside of the 100-Foot Buffer Zone. Johnson seconds the motion. The motion carries 6-0-1 with Lang abstaining. 107 Preston Place /Pole Swamp Lane Discussion ensues regarding potential conditions to place on the project. Johnson moves to issue the following Conditions: ?? Standard Conditions 1. The five (5) proposed cinnamon ferns within the Buffer Zone shall be substituted with five (5) high bush blueberry bushes. The three (3) proposed cinnamon ferns within the wetland shall remain as part of the plan. 2. Existing silt fence shall not be removed without the approval of the Conservation Administrator. Squibb seconds the motion. The motion carries 7-0. Approval of Minutes The minutes of the October 24, 2006 Conservation Commission meeting were presented for approval. Paluzzi moves to approve the minutes of October 24, 2006 as amended. Reilly seconds the motion. The motion carries (6-0-1) with Hayes abstaining. Beverly Conservation Commission December 12, 2006 Meeting Minutes Page 15 of 15 The minutes of the October 30, 2006 Conservation Commission meeting were presented for approval. Johnson moves to approve the minutes of October 30, 2006 as amended. Paluzzi seconds the motion. The motion carries (5-0-2) with Lang and Hayes abstaining. Payment of Invoices Maxner submits the following invoices for payment: Amy Maxner: Mileage $138.00 Johnson moves to approve. Paluzzi seconds the motion. The motion carries 7-0. Amy Maxner: Certified Mail $15.60 Johnson moves to approve. Paluzzi seconds the motion. The motion carries 7-0. Schwabb Inc.: Con Com Stamp $66.24 Paluzzi moves to approve. Johnson seconds the motion. The motion carries 7-0. Old/New Business Maxner requests that the Commission schedule an Executive Session on the Chapman’s Corner/Manor Homes at Whitehall appeal. The Commission agrees to meet on January 2, 2007 at 7:00 p.m. Adjournment There being no further business to come before the Beverly Conservation Commission this evening. Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 7-0. The meeting was adjourned at 10:00 p.m.