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2008-08-26 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present August 26, 2008 Conservation Commission David Lang, Tony Paluzzi, Dr. Mayo Johnson, Mary Reilly Ian Hayes, Gregg Cademartori, and Bill Squibb Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, MA. Certificate of Compliance New: 14 Bavview Avenue. DEP File #5-944 - Elmtop Realtv Trust Maxner informed the Commission that the Order governed the construction of a large addition, pool, patio, walkways and landscaping within the Buffer Zone to top of Coastal Bank. She noted that as the engineer's letter indicates, the large beech tree was saved but the pool equipment encroached into the 25' NDZ. She explained that she directed the applicant to mitigate for this incursion by planting additional shrubs in the NDZ, and they complied by planting 5 boxwoods. Maxner reviews photos with the Commission and stated that if this mitigation planting is satisfactory to the Commission and all questions and concerns are addressed, a Certificate could be issued. Dr. Johnson notes that the incursion of the No Disturb Zone is inexcusable. Griffin states that it was not intentional and they maintained the landscaping. He also explains that the NDZ goes off at an angle of about 30 square feet, stressing that it was an unintentional oversight. Reilly states that she would like to see some additional plantings in the buffer zone. Griffin notes that boxwoods are native species and suggests that they could plant five more in the No Disturb Zone. A discussion was held regarding dumping of waste on the neighboring lot at 16 Bayview. Michael Hubbard explained that a large tree fell on the site over the coastal bank in the latest windstorm and notes that he agrees to remove the yard waste. Hayes states that he is not sure if the tree is of any value to wildlife and suggests it could be removed. Lang agrees that the tree should be removed from the bank and plant five more boxwoods in the buffer zone at 14 Bayview. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 2 of 13 There being no further questions or comments regarding this matter, Reilly moves to issue a Certificate of Compliance for 14 Bayview Avenue, DEP File #5-944 - Elmtop Realty Trust, and that five additional boxwoods be planted in the NDZ, as well as the removal of the tree and yard waste from the site. Hayes seconds the motion. The motion carries 6-1 with Johnson opposed. ReQuest for Determination of Applicability New: 17 Victor Avenue - remove and replace asphalt pavement - Anthony Paluzzi Paluzzi recuses himself from discussion of this matter to present his plans to the Commission. Maxner reads legal notice. Paluzzi explains that he is proposing to re-surface the existing driveway, which is located adjacent to a stream bank. He explains that he is proposing to remove the hot top and excavate the first ten feet in front of the garage and install a new walkway in the back of the house. He also explains that he will either resurface the rest or remove it and place crushed stone or gravel. Hayes questions what will be done with the excavated material. Paluzzi explains that it will be removed from the site and there will be no stockpiling on the site, as there really is no room to do so. Hayes asks how long the project will take. Paluzzi estimates that it will take 2-3 days. Reilly asks if there is any potential for excavated material to get into the stream. Paluzzi explains that he will install a silt fence and the material should not get into the stream, as he does not anticipate much loose material being spread around. Cadamartori asks if the stream flows north or south. Paluzzi explains that it flows east to the Lothrop Street Brook. Lang asks if there is any public comment at this time. There is no one present who wishes to speak on the matter. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative # 3 Determination for 17 Victor Avenue. Reilly seconds the motion. The motion carries 6-0. Paluzzi returns to the meeting. New: 16 Fern Street - install above 2round pool. expand deck - Brian & Toni Wolonsavich Maxner reads legal notice. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 3 of 13 Mr. W olonsavich addresses the Commission and explains that he is proposing to install an above ground pool, 16' x 24' in size on his property which contains Riverfront Area to the perennial stream and BVW with associated 100' Buffer Zone. He explains that the pool will be outside the 25' NDZ and within existing lawn and there will be only minor removal of side yard bushes necessary to accommodate the pool installation. W olonsavich explains that they will be removing one or two trees that they planted two years ago but they are outside the NDZ. Maxner states that the proposed location makes the most sense with minimal impact, noting that she has been on site and measured the NDZ with the applicant and they are aware of the boundary to be respected. Lang asks what will be done with the excavated soil. W olonsavich states that it will be removed from the site. Lang asks if there is any public comment at this time. There is no one present who wishes to speak on the matter. Maxner suggests that a Negative # 2 Determination is appropriate with Special Conditions that prohibit direct discharge of pool drainage to the wetland and no draw down within 2 weeks of chlorination. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative #2 Determination, with special conditions that that prohibit direct discharge of pool drainage to the wetland and no draw down within 2 weeks of chlorination, for 16 Fern Street. Johnson seconds the motion. The motion carries 7-0. New: 890 Hale Street - mana2ement of invasive species. plantin2s and construct trails and fieldstone brid2e - Darrell Crate Maxner reads legal notice. John Dick addresses the Commission and explains that the applicant has requested that the matter be continued to September 9,2008. Paluzzi moves to continue the meeting for 890 Hale Street to September 9, 2008. Johnson seconds the motion. The motion carries 7-0. Recess for Public Hearin2 Paluzzi moves that the Commission recess for public hearing at this time. Johnson seconds the motion. The motion carries 7-0. Notice of Intent Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 4 of 13 Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 Maxner informs the Commission that no discussion on this matter will take place this evening. She explains that the applicant has asked that two additional bids be obtained by the Commission for the peer review of the project as per public procurement laws and she will research the public procurement process for this situation. Johnson moves to continue the public hearing to September 9, 2008. Reilly seconds the motion. The motion carries 7-0. Cont: 232 & 234 Essex Street-demolish existin2 structures and construct childcare facility - Robert Walker Maxner reads Certification of Evidence Review on behalf of Hayes and Johnson. Maxner reports that the project involves construction of a childcare facility by demolishing existing structures on site and reconfiguring parking. She explains that portions of the activity will be within the 100-Foot Buffer Zone and 25-Foot NDZ to the bank of Kelleher's Pond. Maxner notes that the Commission voted to secure an independent peer review with VHB, and we have received their first report. She notes that Hancock has addressed all of VHB' s comments with the exception of Comment # 2, which speaks to requiring a separate Erosion Control Plan and additional notes and details on the plan set. Comment # 3 speaks to the proposed removal of a Pine Hedge and rationale for removal should be provided unless they are proposing a superior replanting plan it should stay. Comment # 8 speaks to the usage of stormceptors as primary treatment - not allowed under the new Stormwater Regulations so they have been eliminated and replaced with tree box filters. Maxner notes that John Dick of Hancock Environmental and Kate Bomengen ofVHB are present tonight to answer any questions. Reilly refers to comment #2 regarding the stormwater checklists. Bomengen explains that they have a pollution control plan as well as an erosion control plan. She agrees that a condition of approval be that this be put into the plan set prior to the start of construction. Reilly questions if there will be trees remove from the site. Bomengen explains that interior trees need to be removed as well as a hedge out front and explains the location of the hedge. She notes that the hedge it is a safety issue for the childcare center. Maxner explains that Bethany Eisenburg at VHB suggested a lower growing hedge be planted but that would be at the discretion of the Commission. Bomengen notes that the area outside of the buffer zone would be planted. Cademartori asks if there is a general landscape plan for the treatment of the buffer zone. Dick explains that a wetland native seed mix would be used and several trees well be planted between Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 5 of 13 Kelleher Pond and the pavement. He explains the existing plantings and the proposed plantings on the plan, which has yet to be finalized. Cademartori states that he does not see anything in the memo regarding planting trees. Dick explains that he wrote that into the latest planting memo. He noted the four trees on the plan and noted that they would be 2" diameter. Bomengen suggests that Dick and Maxner review this prior to construction. Maxner states that she is uncomfortable deciding on the final planting plan as such a plan should be proposed by the applicant's consultant and the Commission should be able to review and react to it. Maxner asks if further consideration has been given to remove the roadway outside the 25' NDZ. Dick explains that it was moved in response to Conservation Commission concerns to the maximum extent possible. Bomengen explains the plan and notes that it shifted a good portion of pavement out of the NDZ. She notes that the size of the road was reduced to 26 feet in width. She also explained that the reason for the grade differential is for storm water management. She also notes that the edge of the roadway is 13 feet at the closest point to the bank of the pond. Reilly asks where on the plan are the proposed tree boxes. Bomengen explains the locations and explains the function of the tree box that the flow is directed to the tree box. Cademartori expresses concern about the list of species to be planted and there is no landscaping plan. Lang agrees and states that there should be a full grading plan as well and that he is still troubled by the roadway location being within the 25' NDZ. Squibb agrees expressing his concern that too little mitigation is being provided for such a large amount of incursion into the 25' NDZ, which he still believes could be totally restored by moving the roadway and reconfiguring the parking and proposed building. Cademartori suggests that a landscape architect should be able to specify a plan, noting that with 300 linear feet of roadway there should be more plantings. Dick stated that he would look at that and proposes to go to the field and decide on a plan for the pond side of the site and submit it to the Commission. He also requests that the Commission close the hearing tonight, noting that there is time to out in the next two weeks before the next meeting. Discussion ensues regarding clsing the hearing at this point. Members agree that they need additional information relative to the incursion into the NDZ and a more descriptive mitigation plan to consider. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 9, 2008. Johnson seconds the motion. The motion carries 7-0. Cont: 90 & 92 Boyles Street. DEP File #5-974 & #5-972 - construct sin2le-family houses and wetland crossin2 for common access driveway - Carl & Susan Dumas Hayes recuses himself from discussion of this matter and leaves the room. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 6 of 13 Attorney Tom Alexander and Brian Butler of Oxbow Associates are present for the applicants who are also in the audience. Alexander addresses the Commission and reviews the history of the project. He explains that they have made changes to the plans and notes that a major change is moving the house on #92 Boyles and doing away with the second wetland crossing and they have reduced the length of the driveway to 580 feet. He also explains that they are proposing to donate 3.25 acres ofland to the City of Beverly to add to 80 acres of already open space at Sally Milligan Park owned by the City. Brian Butler addresses the Commission on behalf of the applicants, and explains the changes that have been made to the plan. He notes that they have taken the concerns of the Commission into consideration when revising the plans. He reviews the changes on the plans and the impact it would have on the site. He suggests that the erosion control be a filter sock as installation of the sock will lessen the impact caused by hay bales. He provides copies of flow charts that detail the impacts of the project and a comparison with most current changes to the plan. Lang notes that they have done a lot to modify the project and he believes that the applicant has done a good job in offering commensurate mitigation. Cademartori notes that he is not in favor of this most recent revision as he has been of the opinion that this project is a one-lot development from the beginning. He inquires if all zoning requirements on the northerly lot are met under this new plan. Alexander states that all zoning requirements are met. Reilly asks what the footprint is for the northerly house. Butler explains that the house footprint is 30' by 60' and the attached garage will be 24' by 24'. Johnson questions what would prevent the owner from looking to put a second crossing over the wetland on lot # 92. Alexander suggests that the Order of Conditions specify a no disturb restriction that would run in perpetuity with the land. Butler notes that there is no frontage for another lot. Squibb suggests a conservation restriction near the stonewall. Butler explains that the house is very close to the rail road tracks and it would be more marketable as a 4.15 acre lot. Squibb suggests that any further subdivision of the lot be prohibited for any reason. Alexander states that his clients have no problem with such a restriction on the northerly lot. Lang asks if they have considered any enhancements to the vernal pool. Butler suggests that they could do a beetle release to control the purple loostrife, but they may not be able to do that per DEP regulations as he thinks this pool is too small to be considered for that program. Reilly asks if they have any opposition to the clean up and removal of invasive species in the pool and restore it. Butler states that they did not think about that but are open to the possibility. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 7 of 13 Reilly expresses her concern about the impact of the northern most house on the vernal pool and asks Butler for his opinion as to the potential for impact. Butler explains that the house footprint is the primary impact as that area of habitat is lost. He notes that wood frogs are present and the house would not pose a barrier to their migratory movement. Johnson reviews the regulations and goes through the waiver criteria. He asks if the first criteria was addressed and if they have given any thought to approaching the nearest abutter for an easement to go on their property for access to reduce the impact. Butler explains the Zarcadis property and states that he did not think that would be an option because of the length of driveway that would be required to reach the upland section of the lot, he thinks that it would result in far more impact on the forested upland of the site. Johnson notes that they have to assure no adverse impact to the vernal pool from this project. Butler states that they cannot claim zero impact but the impacts have been minimized to the greatest extent practicable. Johnson notes that the project should improve natural capacity of the resource to function. Butler explains that the improvement is the 3.25 acres of open space that will be a net benefit to the City of Beverly. Reilly questions if there is any landscaping proposed around the house. Butler states that very little is planned. Reilly states that she would like to see a condition regarding landscaping. Maxner states this has been addressed by the draft conditions that she wrote for the Commission's and the applicant's consideration. Maxner briefly reviews the Special Conditions that she has written. Alexander states that he has reviewed these draft conditions and he and his clients are comfortable with all of them. Lang asks if there is any comments or questions from the public or the Commission. There are none. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Cont: 167. 171. 175. 179. and 183 West Street - remove utility poles and associated overhead utility lines. bury electrical conduit. and install new handholes and transformers - Massachusetts Electrical Company Maxner explains the work involves removal of existing utility poles and associated overhead wires, burying of electrical conduit and installation of new handholes and transformers within Riverfront Area, Salt Marsh and LSCSF. She notes that the Commission conducted a site inspection, which seemed to produce positive results according to those who attended. Erin Whoriskey of Mass Electric addresses the Commission and notes that at the site visit the Commission recommended moving the handhole 20 feet further south along the road. Maxner notes that the move will impact every resource area on the site. Cademartori notes that he did Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 8 of 13 not visit the site but questioned why the handhole cannot be in the roadway. Whoriskey explains that they are tying into an existing service that is there and the way the existing lines are configured they cannot place the handhole in the road. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Lang suggests that they go back with Plan A. He explains that he looked at it in the field and they tried to get it farther away from the Chubbs Brook Bank but it was not possible. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5-0-2 with Hayes and Reilly abstaining. New: Pole Swamp Lane. Lot lC Map 76 Lot 18 - construct sin2le family house -John Soursourian Maxner reads legal notice. Chris Sparages of Hayes Engineering addresses the Commission and explains that his client Mr. Soursourian, who is present tonight, is proposing to construct a single-family house within the 100-Foot Buffer Zone to BVW. He notes that test pits for the septic system are scheduled for September 3rd with the Board of Health. He explains that at the end of June the Commission approved roadway improvements for Pole Swamp Lane and shows how the driveway to this new house will be constructed off of the end of the hammerhead. Sparages explains that Lot 1C is 5.6 acres and they are proposing a 5 bedroom single family home on the site, with a pool, patio and shed. He notes that the septic system will be in he front of the house and that the house will be served by public water not a well. Lang questions how far the septic system is from the edge of the wetland. Sparages states that it is about 73 feet. Reilly questions where the site is in relation to a vernal pool in the area. Sparages explains the location on the plan noting that all work related to this house and the roadway is outside the 100- Foot No Disturb Zone to the Vernal Pool. He explains that the pool is 48 feet from the BVW and the house is 34 feet at their closest points. Reilly asks if lawn will be within the darker dash line. Sparages anticipates that lawn and landscaping will be within that area Cademartori questions if there is any potential to locate the septic system in the rear of the property, rather than in the front. Sparages stated that the prospective buyer wants it out front and they would have to fill more of the backyard if it were located there. Cademartori stated that he thinks that there is a conflict with the proposed location of the detention basin and the septic system under Title 5. Sparages stated that he reviewed the regulations and he believes the system to be in compliance with Title 5. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 9 of 13 Lang opens the hearing up for public comment at this time. Andrea Bray of 101 Preston Place addresses the Commission and states that she is not opposed to the project but has concerns about the stormwater management for the site and the possibility that it would fail. Sparages reviews the plan and the drainage routes for the property for both the house and the proposed roadway improvement. Joe Gibbons of 101 Preston Place addresses the Commission and notes that the water table in the area is high and it is a significant issue during a large rainstorm. He notes that he is concerned about flooding on his property and the effect it will have on his water well. Mr. Soursourian explains that the drainage will be directed away from Mr. Gibbons house. Reilly questions the plans for the lawn and landscaping and notes that she is concerned about the pool and the land adjacent to the wetland noting fertilizer could disturb the area. Sparages states that a condition of approved could prohibit the use of fertilizers. Maxner questions how this project relates that the OSRD ordinance. Sparages states that with the new changes to the OSRD ordinance this particular project is under the threshold for triggering review by the Planning Board. A resident of 96 Preston Place addresses the Commission and expresses is concern about the project interfering with the gate at the end of the street as well as the narrow width of Preston Place. He notes that the water main varies in diameter from 6" down to 4" back up to 6". Sparages notes that this house is not near the gate at the end of Preston Place and in fact the roadway improvements will have no effect on the gate either, and does not anticipate a problem with the water main. Sparages explains that a percolation test is scheduled for September 3, 2008 and noted that test holes were done in May and reviews the results. Cademartori states that he would like to see the results of the percolation tests and asks if they will be ready for the September 9, 2008 meeting. He also suggests that they should look for an alternative site for the septic system that is farther outside the Buffer Zone or completely outside. Lang agrees noting that avoiding the buffer zone for the septic system is preferable. Sparages states that the test pit results should be ready and they can reevaluate the location of the septic from that point. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 9, 2008. Reilly seconds the motion. The motion carries 7-0. Old/N ew Business Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 10 of 13 New: 105-107 Preston Place/Pole Swamp Lane. DEP File #5-971- ReQuest for Minor Modification - John Soursourian- Sparages, Hayes Engineering, explains that the applicant is requesting to eliminate a catch basin within the hammerhead and replace it with a water quality swale leading to the detention basin. Maxner notes that it is unclear how the runoff that would have been caught by the catch basin is going to reach the swale off of the hammerhead. Sparages explains that there will be a cape cod berm and that the hammerhead will be pitched to direct flow toward the swale. Maxner states that she would like to see a cross section of the plans that shows the elevation of the shoulder at that point. Discussion ensues regarding the construction and maintenance of the swale. Lang suggests that based on this discussion, the applicant should submit more information for the next meeting that more clearly shows how water will be directed to the swale. Sparages agrees. There being no further questions or comments regarding this matter, Paluzzi moves to continue this item to September 9, 2008. Cademartori seconds the motion. The motion carries 7-0. 16 Bavview Avenue - Pork Chop Lot - Discussion with City Solicitor Rov Gelineau and Attv. Marshall Handlev Maxner explains that she sent a comment letter to the Planning Board regarding a special permit for a pork chop lot for 16 Bayview Avenue, which was a product of input from some of the Commission members via email. She briefly reviews the contents and essence of the letter to refresh everyone's memories. She explains that City Solicitor Roy Gelineau and applicant's attorney Marshall Handley are here tonight to address the Commission about this letter. Solicitor Gelineau states that he is not here tonight to question the Commission's opinion or recommendations rendered in this letter, but rather to express his concerned that the opinion was arrived at without the benefit of a Conservation Commission meeting or a public meeting process. He recommends that the Commission consider withdrawing the letter, have a discussion at this or another meeting and issue a letter of recommendation based on that open process. He notes that he and Planning Staff will be looking at the Planning Board's rules and regulations relative to the solicitation of opinions and recommendations from other City Departments, Boards and Commissions as the process must be transparent and predictable both for the public and the applicants. Lang notes that Maxner is the agent of the Commission and often acts on behalf of the Commission on a regular basis. He notes the Commission relies on Maxner to advise other boards and committees on its behalf. Attorney Handley states that the process, which did not allow him or his client to have any input into the formulation of the Commission's opinion, troubles him. He states that the Commission Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 11 of 13 is not privy to information that he and his clients have about the site that would better inform the Commission's decision or recommendations. He states that the Commission has no place rendering any opinions on zoning, as the jurisdiction of the Conservation Commission is the wetlands and not zoning regulations. Handley continues to opine at length. Cademartori corrects Mr. Handley and reminds him that the newly adopted OSRD Ordinance does indeed require the Commission's participation and input into the subdivision of land in the OSRD process. He states that he believes the Commission to posses a composite of expertise and experience that qualifies the Commission to make recommendations as it sees fit based on members' backgrounds and experience relative to most aspects ofland development and zoning. Lang agrees with Cademartori noting that the Commission is free to make recommendations based on its past experience with permitting and land development. He agrees with Solicitor Gelineau in that the process needs to be clear and perhaps the Planning Board could be more specific in its request for opinions or recommendations in the future. Hayes agrees and believes absent of specific directives from the Planning Board the Commission offered its opinion based on its knowledge of the site and past litigation with the neighboring property in the attempt to avoid expending time and resources unnecessarily. Maxner states that the Commission has a choice to either vote to retain the letter as written, vote to withdraw the letter and hold additional discussion on the pork chop lot application tonight or continue this discussion to the next meeting and formulate a recommendation at that time. Members briefly discuss the Commission's options at this point and agree to withdraw the letter and continue the discussion to the next meeting. There being no further comment or questions regarding this matter, Paluzzi moves to rescind the letter dated July 17, 2008 and the matter will be reviewed by the Conservation Commission at the September 9,2008 meeting. Johnson seconds the motion. The motion carries 7-0. New: 4 Cavendish SQuare. DEP File #5-849 - ReQuest for Extension - Michael Bernfeld Maxner notes that the Commission has received a request for extension to the Order for work at 4 Cavendish Square which governed installation of an in-ground pool, wetland restoration, invasive specie management and monitoring. She notes that this request is for a year extension and would allow for a 3rd growing season management and a final round of monitoring. Johnson moves to grant a one year extension for 4 Cavendish Square, DEP File #5-849. Paluzzi seconds the motion. The motion carries 7-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on May 13,2008 were presented for approval. Paluzzi moves to approve the minutes from the May 13, 2008 meeting as amended. Johnson seconds the motion. The motion carries 4-0-3 with Lang, Cademartori and Paluzzi abstaining. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 12 of 13 Order of Conditions 167. 171. 175. 179. and 183 West Street - Massachusetts Electrical Company Members discussed potential conditions and agree to standard conditions and the following special conditions: 1. The project shall be constructed as detailed by the plans originally submitted with the Notice ofIntent, entitled: "Figure 2 of3 - Plan View of Utility Improvements West Street Utility Improvement Project" and "Figure 3 of3 - Plan & Profile of Hand hole Installation in Salt Marsh West Street Utility Improvement Project" - both dated July 1, 2008. 2. Errant debris including stockade and metal fencing and related material that are not in use shall be removed from within the Marsh or any other resource area and disposed of properly. 3. Any and all disturbance to resource areas resulting from project activities shall be restored with salt tolerant seed mix or equivalent. 4. As discussed and agreed to at the August 26,2008 meeting, a "ditch witch" shall be used to accomplish trenching activities as opposed to the use of an excavator to minimize impact to the resource areas. 5. The soil in the restoration of the Salt Marsh within the vicinity of the handhole installation area shall be amended with at least 4 inches of appropriate soil to ensure propagation of seed mix. Paluzzi moves to issue the order of Conditions with special conditions as discussed. Johnson seconds the motion. The motion carries 5-0-2 with Hayes and Reilly abstaining. 90 & 92Boyles Street - DEP File #5-972 & #5-974 - Carl & Susan Dumas Maxner expresses concern about building a single-family house in such close proximity to the vernal pool and believes that the construction of a single-family house is the project purpose and it is being achieved on southern lot at # 90 and the Commission is within its regulatory right to deny the second house. Lang states that he feels that the land donation is significant mitigation. He also noted that additional restoration within the vernal pool would greatly enhance the function of that degraded resource. He states that he is confident that the applicant's wetland consultant has designed an environmentally sensitive project. Cademartori notes that there are a lot of constraints on the site that, in his opinion, prohibits the construction of the second house. He notes that as far as the State Act is concerned both lots are approvable, but under the Ordinance the second lot is not allowable. Beverly Conservation Commission August 26, 2008 Meeting Minutes Page 13 of 13 Johnson states that the impacts of both houses are not acceptable in his opinion and he is opposed to the entire project. Reilly states that this revised plan results in less impact by eliminating the second wetland crossing and she feels that the Commission's concerns have been addressed to the maximum extent practicable. She believes that the outright donation of over 3 acres is significant in this case. Squibb states that it was suggested that the restriction be extended so that no further subdivision shall take place on the northerly parcel. Alexander states they are agreeable to that. Squibb states that this property as a whole is challenging but thinks that the mitigation offered by the applicant along with the strict conditions drafted work to protect the resources and maybe the presence of people living in the houses will ward off dumping and other impacts from passers by. Discussion ensues regarding performance standards under the State Act and the Beverly Wetlands Ordinance. Discussion ensues regarding the potential special conditions as drafted by Maxner and discussed during the hearing. Lang entertains a motion to approve 90 Boyles Street under the State Act and Regulations subject to the Special Conditions as discussed. Paluzzi so moves. Seconded by Squibb. Hayes abstains. Motion carries 6-1 (one abstention). Lang entertains a motion to approve 92 Boyles Street under the State Act and Regulations subject to the Special Conditions as discussed. Paluzzi so moves. Seconded by Squibb. Hayes abstains. Motion carries 6-1 (one abstention). Lang entertains a motion to approve 90 Boyles Street under the Beverly Wetlands Ordinance and Regulations. Paluzzi moves to approve subject to Special Conditions as discussed. Seconded by Reilly. Johnson opposed. Hayes abstains. Motion carries 5-1-1 (one abstention, one opposed). Lang entertains a motion to approve 92 Boyles Street under the Beverly Wetlands Ordinance and Regulations. Paluzzi moves to approve subject to Special Conditions as discussed. Seconded by Squibb. Johnson and Cademartori opposed. Hayes abstains. Motion carries 4-1-2 (one abstention, two opposed). Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 7-0. The meeting adjourns at 11 :00 p.m.