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2009-05-12 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present May 12, 2009 Conservation Commission Ian Hayes, Bill Squibb, Dr. Mayo Johnson, Mary Reilly, and Gregg Cademartori (arrived at 8:00) Members Absent: David Lang, Tony Paluzzi Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Hayes explains that the Commission needs to vote to continue the agenda items from April 21, 2009 that was cancelled due to the lack of a legal quorum to May 12, 2009 as follows: 1. Certificate of Compliance a. Cont: Sam Fonzo Drive, DEP File #5-643 - Fonzo Realty, LLC b. New: 448 Essex Street, DEP File #5-554 - Corinne & Robert Holt 2. Request for Determination of Applicability a. New: 448 Essex Street - hot top front lawn to create parking area -Robert & Corinne Holt b. New: 11 Cole Street - repair existing structure, and construct free standing gardens- Brian Deeley c. 3. Notice of Intent a. Cont: 75 West Street - raze and construct new single family home - Justin Belliveau, Wind over Development LLC b. New: 46 River Street - replacement of gravel over existing dirt/gravel parking area- National Grid/Mass Electric Co. c. New: 1 Water Street - demolish and rebuild existing building - Joseph Leone/Black Cow Restaurant 4. Old/New Business a. Cont: 37 Sohier Road - Russell Banks - Follow Up Discussion re: Duck Pond b. Cont: Beverly Conservation Land Trust - Discussion Re: CR for Chapman's Corner Subdivision c. New: 480-486 Rantoul Street - Order of Conditions - Discussion to reestablish new wetland replication deadline d. New: Request for Expenditure Approval- Essex Heritage Kiosk Grant Partnership e. New: Glen Urquhart School- Landscaping Project Permitting Discussion f. New: 31 Riverview Street, DEP File #5-921 -Request for Extension -Beverly Harlow Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 2 of 17 Johnson moves to continue the agenda items from the April 21, 2009 Conservation Commission meeting to May 12, 2009. Reilly seconds the motion. The motion carries 4-0. Certificate of Compliance Cont: 100 Sam Fonzo Drive. DEP File #5-643 - Fonzo Realtv. LLC Peter Ogren, Hayes Engineering is present for the applicant. Maxner explains that the Commission continued this matter to allow a site visit to be conducted and conditions observed. She noted that she visited the site with Peter Ogren and the area and adjacent slope is fairly well vegetated and removing the fill might cause more disruption than necessary. Maxner asks Ogren to speak to the other areas of non compliance. Ogren explains that the detention basin is slightly undersized and explains the capacity of the basin as built. He notes that the area is fairly thickly grown in with dense vegetation. He suggests that the Commission issue an enforcement order requiring that the base of the slope immediately adjacent to the wetland be planted. He also noted that the fore bay needs to be cleaned out and they could reach that from the parking area with a backhoe. He also states that they will clean up the toe of the slope and clean up the trash. Johnson states that he thinks that this is a reasonable way to handle this. Maxner agrees and notes that the enforcement order would give the option to refine some grading within the basin itself and she states that she is in favor of enhancing the wetland at the base of the slope as opposed to removing the fill. Hayes asks how much material would be needed for the grading. Ogren states that he estimates 15 yards or so of material would be needed depending on what the grade of the basin was intended. Reilly asks how many plantings they propose. Maxner states that the enforcement order could require plantings that are dense and that could be prescribed by the Commission. Ogren suggests that Maxner confer with Elizabeth Wallace in suggested plantings. Members agree that Maxner will prepare the planting plan to be ordered in the enforcement order. There being no further questions or comments regarding this matter, Johnson moves to issue an Enforcement Order for 100 Sam Fonzo Drive, DEP File #5-643 - Fonzo Realty, LLC. Reilly seconds the motion. The motion carries 5-0. Maxner states that a deadline should be set for the work to be done. Members suggest that 60 days is appropriate. Reilly moves to issue a Certificate of Compliance for 100 Sam Fonzo Drive, DEP File #5-643 - Fonzo Realty, LLC. Johnson seconds the motion. The motion carries 4-0. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 3 of 17 Cont: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Peter Ogren is present for the applicant. Maxner explains that this matter was continued several times to allow for a site visit when the snow cover melted. She noted that she conducted a site visit to investigate the vernal pool post- construction with Libby Wallis they did not find any evidence of breeding activity this year, but pools may fluctuate in activity year to year. She also noted that the matter of the Conservation Easement needs to be addressed. Ogren states that he tried to contact Marshall Handley but was unable to. He states that he will call again and has asked Maxner to contact him as well. Johnson moves to continue this matter to the June 2, 2009 meeting. Reilly seconds the motion. The motion carries 4-0. New: 448 Essex Street. DEP File #5-554 - Corinne & Robert Holt Corinne Holt is present. Maxner explains that the Commission has received a request for Certificate of Compliance for an Order of Conditions issued in August of 1996 governing the construction of a 20' x 20' detached garage within the Buffer Zone to BVW. She notes that she has conducted a site inspection and the garage has been constructed in substantial compliance with the Order and approved plan, measuring 23' x 20' with the extra 3' being horizontal to the wetland rather than perpendicular so the garage is not closer to the wetland than originally proposed. She also noted that the site is stable and she observed no outstanding issues on site. Johnson moves to issue a Certificate of Compliance for 448 Essex Street, DEP File # 5-554, Corrine & Robert Holt. Reilly seconds the motion. The motion carries 4-0. New: 675 Hale Street. DEP File #5-838 - Ralph V02el Keith Gazaille of Aquatic Control Technology is present for the applicant. Maxner explains that the Commission issued an Order of Conditions for an aquatic management program and the applicant is requesting a Certificate of Compliance as well as a blanket perpetual condition that allows them to continue treating the pond without having to re-file a new NOI every 3 to 5 years. Gazaille addresses the Commission and explains that they have successfully controlled the excess growth of rooted and floating vegetation and aquatic algae. He explains the program and notes that it is more of a maintenance effort from this point forward. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 4 of 17 Hayes asks if there is a fair amount of nutrient runoff from the surrounding watershed. Gazaille explains that the pond has a small watershed but he believes the driving factor is it's relatively shallow depth of 2 1Iz to 3 feet which makes additional sediment or organic build up rapid. Johnson asks if other Conservation Commissions have granted approvals in perpetuity. Gazaille has had other Commissions condition a Certificate of Compliance in similar ways and states that they do not deviate from what was approved under the Order of Conditions and would continue to follow all protocol, as the Special Conditions require. Reilly asks if this is something that is done annually. Gazaille states that it is done annually, early in the season. Reilly suggests that they be required to submit an annual report of their findings. Gazaille states reports can be provided. Johnson moves to issue a Certificate of Compliance for 675 Hale Street, DEP File #5-838 with the following perpetual conditions: 1. The applicant shall notify the Beverly Conservation Commission (BCC), the Department of Environmental Protection (DEP), and down-stream abutters in writing at least 72 hours before any activities (including pond draw down and chemical applications) are to begin on the project site. Notification to abutters shall include the names of every resident/owner at each downstream property. At this time, the applicant shall provide the BCC, the DEP and the downstream abutters with the name(s), addressees) and telephone number(s) of the person(s) responsible for ensuring on-site compliance with this Order of Conditions and his or her alternative. 2. The pond shall be drawn down 3-6 inches prior to any chemical treatments. 3. The applicant shall not cause any downstream flooding from pond draw down. 4. The applicant shall place sandbags around the dam prior to any chemical treatments to temporarily prevent any leakage from the dam in the event of a rain event during the chemical treatment period. 5. The applicant shall provide the BCC and the DEP with annual monitoring reports for each of the three years detailing the chemical treatments and their effectiveness. 6. The use of fertilizers on the applicant's lawn abutting the pond is hereby prohibited. 7. Five (5) years from the date of this Certificate of Compliance, project representatives shall appear before the Conservation Commission to discuss and reevaluate the progress and success of this management program. Reilly seconds the motion. The motion carries 4-0. ReQuest for Determination of Applicabilitv New: 448 Essex Street - Corinne & Robert Holt Corinne Holt is present. Maxner reads legal notice. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 5 of 17 Corinne Holt addresses the Commission and explains that they are proposing to pave a section of the front yard to create a stable parking area. She notes that she has already spoken to a couple of contractors for estimates that have explained that they will raise the far side of the paved area so that runoff is pitched toward the street and not the wetland. She also notes that they also indicated to her that they would be able to save the tree by paving around its base and leave it undisturbed and the far edge of the paved area will be flush with the westerly edge of the house and will be 40 feet from the wetland as measured in the field by Ms. Maxner. Maxner states that the area is not in the NDZ and will have a minimal effect on the site. Maxner also suggests that the Commission issue Negative # 3 Determination with the special condition that a silt fence shall be placed along edge of the 25-Foot No Disturbance Zone to prevent erosion of exposed soils into the resource area, and shall be inspected by Conservation Administrator prior to work. Johnson moves to issues a Negative #3 Determination with special conditions as suggested by Maxner. Reilly seconds the motion. The motion carries 4-0. New: 11 Cole Street - Brian Deelv Brian Deely is present. Maxner reads legal notice. Brian Deely addresses the Commission and explains that he is proposing to repair the rear support foundation of his house as it was rotting, and he replaced it with mortared concrete cinder blocks and he built self-contained freestanding garden boxes. He explains that he supported the structure internally and reframed it and installed a door. He noted that this was done with a building permit from the City of Beverly. Maxner noted that Mr. Deely indicated that his long term plans call for the addition of a deck 10 feet on the back of the house. Mr. Deely states that he is proposing to repave the driveway and make in smaller than it presently is. He explained that it would be from the edge of the driveway to the back stairs to the house. He stated that it would reduce the pavement and he may plant a 4x4 garden where pavement is being removed. Hayes asks how high the deck will be. Deely states that it will be 82-84 inches high and he plans to leave the under space open and it will be supported by two or three sono tube footings. There being no further questions or comments, Johnson moves to issue a Negative #3 Determination. Reilly seconds the motion. The motion carries 4-0. New: R 5 Netherton Avenue - Joanne Smith Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 6 of 17 Maxner reads legal notice. John Dick of Hancock Environmental addresses the Commission and explains that the applicant is asking the Commission to affirm the wetland line and whether the area is subject to the local Wetlands Ordinance in the anticipation of building a single-family house. Dick explains that the site was subdivided by the Planning Board per a plan by Essex Survey in 1976 and explains the history of the site. He notes that two houses belong to the Smiths and there is one lot remaining that is 25,000 s.f. and it is tight space but he believes that the lot is grandfathered. He explains that an Order of Conditions was issued in 1987 to build a house on this lot and the Order was extended through June of 1995. He explains that there are some zoning issues and a variance would be required for side setbacks at the very least. He invited the Commission to visit the site noting that he does not want to continue with the process if encroachment into the 25-foot NDZ is an issue. He notes that his client is trying to determine if a house can be built on the site without expending a lot of money doing so. Maxner notes that Planning Director Tina Cassidy raised several issues about this lot and they include length of time in common ownership, definition of frontage and calculation oflot area with regard to percentage of wetlands. Hayes states that he would have a real problem with encroaching on the NDZ especially considering that the encroachment is not small, it seems that most of the Zone would be impacted. Dick states that is true as the setbacks are tight and the wetland takes up a majority of the site. Dick also notes that they would be willing to do plantings on the site and remove some historic fill within the wetland as mitigation. Maxner states that she would like to see current and accurate wetland delineation in the field as the plan submitted with this application is from the 1980's. Reilly states that she agrees with Hayes noting that it would be a large infringement within the NDZ. Squibb notes that he would not be inclined to approve a house on the lot. Maxner reminds the Commission that the applicant has asked that the Commission affirm the wetland delineation not whether it would approve a house and recommends the Commission answer the requests in the application as it was submitted. She recommends the Commission continue and schedule a site visit. Hayes states that a site visit at this juncture would be a waste of the Commission's time especially if there is a question whether the lot is buildable by zoning. Reilly agrees. Dick suggests that he perform additional research as to the zoning issues and come back at the next meeting with the results and maybe at that time the Commission can schedule a site inspection. Members agree with this approach. Johnson moves to continue this item to the June 2, 2009 meeting. Reilly seconds the motion. The motion carries 4-0. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 7 of 17 Cademartori arrives. New: 19 Old Town Road - Wayne & Michelle Mastin Maxner reads legal notice. Miranda Gooding, Glovsky & Glovsky, is present representing the applicants who are also present. She addresses the Commission and explains that they are proposing to install an above ground pool and deck within the 100-Foot Buffer Zone to a wetland. She notes that the proposed deck would be attached to the existing deck with a set of stairs leading down to the lawn. Gooding explains that in 1992 the Commission released the Conservation Restriction for this subdivision that shows on the plan in this application. She explains that she found that information at the Registry of Deeds Book 11589 Page 431. Maxner states that she visited the property and verified the measurements and from the north towards the rear corner of the house it is 23 feet from the wetland so there would be a 2- foot encroachment on the NDZ. She also noted that the existing stairs are 18 feet from the edge of the wetland. She also noted that a cluster of trees off in the rear corner of the house may be in the way of the new pool. Mr. Mastin states that they would take those down and replace them with plantings. Hayes recommends that they plant native wetland plantings. Maxner agrees and suggests they be planted in the low-lying area. Reilly requests that they plant a tree to replace the three trees that they are taking down. Discussion ensues regarding the possible locations of plantings. Discussion ensues as to the proximity of the proposed structures to the wetland. There being no further questions or comments, Johnson moves to issues a Negative #3 Determination with the following Special Conditions: 1. The proposed pool and deck shall not be placed less than 25 feet from the edge of the wetland. 2. Native shrub plantings shall be installed around the perimeter of the deck and may be installed within the 25-Foot No Disturbance Zone. Shrubs shall be chosen from the enclosed native plant list with the aim of improving wildlife habitat value of the Buffer Zone. 3. At least one native deciduous tree, chosen from the enclosed native plant list, shall be planted within the first 25 to 35 feet of the wetland anywhere on the property to mitigate for tree removal to accommodate the pool and deck. 4. The plastic purple play structure shall be removed from its current location immediately next to the wetland to a location at least 25 from the wetland. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 8 of 17 5. Prior to work commencing silt fence erosion control shall be installed, entrenched below grade, between the pool/deck and the wetland to prevent migration of any loose materials into the wetland. The Conservation Agent shall be contacted once the silt fence is installed so that it may be inspected for proper installation. Reilly seconds the motion. The motion carries 5-0. Recess for Public Hearin2s Johnson moves to recess for public hearings. Cademartori seconds the motion. The motion carries 5-0. Notice of Intent Cont: 75 West Street - Justin Belliveau. Windover Development (applicant) & Hefni Family Trust (owner) Curt Young is present for the applicant and owner. Young addresses the Commission and explains that this proposal involves demolition of the existing house and building a new single-family house, driveway, garage and associated appurtenances within 100-Foot Buffer Zone to Coastal Bank. He notes that the Commission conducted a site inspection and requested that the large 84" tree slated for removal be saved and worked into the house design. He explained that he met with the city arborist and Mayer Tree Service and they concluded that the beech tree in question is structurally unsound and is showing signs of rot and disease. Young explained that they redesigned the site plan to bring the driveway in at a different angle to save the large trees located in the front yard. He noted that the house is 14 feet closer to the bank than the original plan but still shifted away from the bank than existing conditions. He also explains that they had originally moved the house 60 feet from the bank but there is still a substantial distance from the bank. Reilly asks what the closest point to the 100-foot buffer zone is. Young explains that it is 42 feet to the top of the bank and notes the areas on the plan. Cademartori asks what landscaping they have planned for the site. Young explains the landscaping plans which are not finalized at this point but he does not anticipate much in the way of major landscaping within the Buffer Zone but possibly immediately around the house. Hayes opens the hearing up for public comment at this time. Rene Mary addresses the Commission and expresses her concern about the age of the tree that they will be removing noting it could be 200 years old. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 9 of 17 There being no further questions or comments regarding this matter at this time, Johnson moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0. New: 46 River Street - National Grid/Mass. Electric Scott Eagan of AECOM consulting is present for the applicant. Maxner reads legal notice. Eagan addresses the Commission and explains that the proposal involves placing new gravel over existing gravel parking area, relocating and consolidation of stockpiling area as well as enhancement plantings along the edge of the Bass River within 100-Foot Buffer Zone to Coastal Bank, 200-Foot Riverfront Area and Land Subject to Coastal Storm Flowage. He states that the Commission conducted a site inspection and recommended some changes and information. Eagan stated that the Commission also made a request that the bank be cleaned of debris and trash along the southwest corner of the restoration planting area, next to the capacitors and that has been done. He explained that the National Grid legal department handles the Chapter 91 license issues and he has been told that it would be either a non-reporting situation or a minor modification but the legal department will confirm this. Cademartori states he is concerned that no stormwater treatment exists and none is proposed under this project and it seems that management of runoff was an after thought. Eagan explains that with regards to the grading the site to better control runoff to adjacent properties, which eventually reaches the river, he talked to the contractor and they will regrade the gravel so that the existing drainage will go through the vegetated area if that is what the Commission prefers. He notes that they will not be increasing the impervious surface on the site. He explains that previous dirt piles were large and they are proposing smaller piles of 600 s.f. in covered bins. Eagan states the Commission asked for an alternatives analysis for the storage of materials on the site and explains that there are other site in Beverly but they are too small and there is no area for storage. He provides a review of the analysis that was given to the Commission in writing. He explains that small amounts of materials will be stored there. He also suggests that they could put a metal roof over the storage area so there would be no runoff to worry about. Discussion ensues regarding snow removal and management. Hayes opens the hearing up for public comment at this time. Sean Murphy of Bass Haven Yatch Club notes that there is a sandbar that is a result of stormwater sediment deposition that is hampering navigation in this vicinity and anything that can be done to better manage this deposition would be helpful. There being no further questions or comments regarding this matter, Johnson moves to close the hearing. Reilly seconds the motion. The motion carries 5-0. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 10 of 17 New: 1 Water Street - Joseph LeonelBlack Cow Restaurants Peter Ogren is present on behalf of the applicant. Maxner reads legal notice. Ogren addresses the Commission and explains that the applicant responded to an RFP issued by the City of Beverly for the reuse of the former McDonald's site. He states that they need a Chapter 91 License and there are some designated port issues along with requirements by DCR related to the grant that the City received to buy the property. Ogren explains that the entire site is a paved area and the plans call for the demolition of the former McDonald's building and construction of a new building to house a Black Cow restaurant with 67 parking spaces onsite. He states that there will be a slight increase in impervious surface on the site. He briefly explains the access to the site and proposed parking configuration. Ogren explains that there is one change to the site plan and notes that they have been working with the Planning Board and the Harbor Management Authority and the Parking and Traffic Commission to create an access way from the Black Cow through the Ferry Way Landing to utilize parking on the Harbormaster's site. He explains that a chain with bollards will be across the driveway to limit access when it is not in use and he suspects those plans will be finalized soon. Ogren explains that to meet requirements of the Massachusetts Stormwater Policy area they are proposing storm scepters and catch basins to treat stormwater runoff prior to discharge. He notes the locations on the plan. He states that they are proposing an outdoor refrigerated dumpster on the site. Ogren reviews the elevations and the utilities for the project. He notes that the restaurant will operate on the second floor and the first floor will be for public access with a marine recreation related function. He states that the City is investigating the possibility of Whale Watch Cruises and a Party Boat among other possible uses. Maxner asks who will be responsible for the Stormwater Operation and Maintenance Plan for the site post construction. Ogren explains that he is unsure at this point who will be responsible for the operation and maintenance plan. Miranda Gooding, Chair of the Harbor Management Authority stated that they have not got to that level of detail at this point, noting that the lease has not been formalized because of the extensive permitting process. Hayes asks where the snow storage will be located on the site. Ogren notes the area on the plan and states that it is a small area and there will be times when they have to remove snow from the site. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 11 of 17 Cademartori asks if the seawall project has to be done before the construction of the restaurant begins. Ogren states that it would make sense to do it before the construction of the restaurant. Reilly asks if part of the building is in the V zone. Ogren states that no portion of the building is in the V zone. Maxner states that she cannot find the top of Coastal Bank, 25' NDZ and 100' BZ on the plan. Ogren states that he did not measure the top of the coastal bank or the NDZ and he is not sure if Vine Associates did it. He explains that the designated port area is paved and requires a hard surface to a certain point. He states that he is not sure how to apply the Beverly ordinance regarding the NDZ. Cademartori asks what treatment of the area between the parking areas. Ogren states that the grades are quite close and they propose a brick walkway with edging stones. Reilly suggests that the Commission visit the site. Cademartori states that he would like to see the revised plan. Ogren states that they are scheduled to have a final meeting with the Parking and Traffic Commission and the Planning Board on May 19th. He states that he will get copies to the Commission when they are finalized. Reilly states that she feels that the operation and maintenance plan should be more definitive and tailored to the site and proposed uses. She states that she is concerned about the storage of fertilizer and pesticides and asks if there is any call for that. Ogren states that it is a small landscaped area and there would probably not be a need to store materials for it on the site. Reilly also asks if they have plans for spill prevention and response kits on the site. Ogren notes that DEP regulations require them and they have it in the plan. Hayes opens the hearing up for public comment at this time. John Silver of the Beverly Port Marina addresses the Commission and expresses his concerns about the elevation changes to the plans relative to his site. He also expresses concern about plans to create a walkway and handicap access. Renee Mary, 274 Hale Street addresses the Commission and expresses her concerns about the use of Ferry Way Landing. Ogren explains that they plan to use grass pavers and not asphalt. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to the June 2, 2009 meeting, pending a site visit on May 30, 2009 at 8:30 a.m. Reilly seconds the motion. The motion carries 5-0. New: 40 & 100 Sam Fonzo Drive - S & D Real Estate Trust - Salvator Fonzo Peter Ogren is present for the applicant. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 12 of 17 Maxner explains that this project needs site plan review and special permit from the Planning Board and the applicant needs to file for these permits at least at the same time that the NOI is submitted which has not been done. She notes that the applicant and his attorney have been alerted of this. She reviews Section 24.4 of or local Ordinance and 310 CMR 10.05 (4)(e) of the State Regulations relative to this requirement. Ogren states that they are not looking to go forward with the building at this time and his client is not looking to get those permits at this time, but they would like do some advance work in anticipation of the building. He states that they do not have a building design at the level required for Site Plan Review. Hayes asks the members if they feel strongly about this issue. Johnson states that he feels they should wait until they can follow the requirements of the Regulations. Reilly agrees. Cademartori notes that absent of an opinion from the City Solicitor indicating otherwise, the Commission is bound to follow and enforce the Regulations. Hayes suggests that they look at what they need to apply for the Site Plan Review and the Special Permit. Ogren states that they only need to have applied for those, but they are architecturally deficient to do so at this time. Johnson states that he feels that the Commission should be compliant with what is in the Ordinance and Act. Hayes recommends that the Commission not open the hearing this evening and get an opinion from the City Solicitor. Ogren states that he will talk with the Planning Department and his client to see what can be done for an acceptable site plan relative to initial site preparation and grading that won't necessarily trigger Planning Board review. Cademartori moves that the Commission finds the application to be incomplete and that the Commission is unable to open the public hearing at this time. Johnson seconds the motion. The motion carries 5-0. Old/ New Business Cont: 37 Sohier Road - Russell Banks Maxner explains that she prepared a draft letter containing the final findings and determination the Commission made at the Saturday April 11th site inspection for 37 Sohier Road, regarding the Duck Pond. She notes that members received it in their packets to review. Members agree the letter accurately captures the Commission's findings. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 13 of 17 Johnson moves to approve the letter to send to Mr. Banks. Reilly seconds the motion. The motion carries 5-0. Cont: Continued Discussion with Beverly Conservation Land Trust on the Chapman's Corner Conservation Restriction - Maxner reports that she talked with Atty. George Hall regarding this matter and he was going to look into it further. She states that she will contact him to see if he has any new information and will report at the next meeting. She recommends that the Commission continue the matter to the next meeting on June 2, 2009. Johnson moves to continue the matter to June 2,2009. Reilly seconds the motion. The motion carries 4-0 with Hayes abstaining. New: 480-486 Rantoul Street - Order of Conditions - Establish New Wetland Replication Deadline Maxner states that the Commission will recall issuing an Order of Conditions governing construction of parking lot with associated grading, drainage system, utilities, landscaping and paving as part of a proposed commercial/retail development at the former Friendly's site. She explains that this Order was appealed by the neighbor (Nancy Scialdone) and has been in litigation, but she dropped the suite in November of2008 and the applicant is looking to start work. She explains that the Commission issued a Special Condition requiring that the wetland replication be completed no later than June 30, 2008, but the appeal nullified that deadline. She recommends that the Commission reestablish a new replication deadline. Cademartori moved to re-establish the deadline for the wetland replication for 480-486 Rantoul Street to October 1, 2009. Johnson seconds the motion. The motion carries 5-0. New: ReQuest for Expenditure Approval- Essex Herita2e Kiosk Grant Maxner reports that the Commission received a letter from Kate Newhall, Associate Planner, who has been working on completing the grant project for new kiosk's which the Commission voted to help fund with $500.00 of its own money. She explains that the sign maker is in the process of starting construction of the kiosks and payment will be required shortly, therefore Newhall wants to make sure that all the cash funds are available once invoices start coming in. Her letter summarizes her efforts to date and her request for your approval to release the $500.00. Cademartori moves to approve the expenditure of $500.00 for the Essex Heritage Kiosk Grant. Johnson seconds the motion. The motion carries 5-0. New: Glen UrQuhart School- Landscapin2 Project Permit Discussion Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 14 of 17 Maxner reports that the Commission received correspondence from Richard Harrison a parent of a Glen Urquhart student and volunteer for the School's Food Project. She also explains that pursuant to a message left by a neighbor of the school reporting that excavation was taking place around the perimeter of the green house and soil stockpiling next to the stream she conducted a site inspection. She notes that an explanatory email from Mr. Harrison was included in the Commission's packets. She explains that the school plans on creating planting boxes around the perimeter of the remaining greenhouse and they are excavating and bringing in suitable soil for plant propagation and granite curbing to form the plant boxes. She explains that she instructed the contractor to remove the piles of dirt or at least protect them with silt fence, even though there wasn't much threat of sedimentation into the stream as the topography drained away from the stream, and informed Mr. Harrison and Raymond Nance, the School's Headmaster, that she would report her findings to the Commission and ask what course of action they would like to take on this project. She questions if the Commission wants to see an after-the-fact application, or if the site is cleaned and contained is that sufficient. Cademartori states that this seems to be a very small project that poses no impact to the wetland and is not in favor or requiring an application. Hayes agrees noting that as long as the site is properly controlled an application may seem overkill. Members agree that no application is necessary. New: 31 Riverview Street. DEP File #5-921- ReQuest for Extension - Beverly Harlow Maxner explains that the Commission has received a request for Extension to an Order of Conditions issued in May of 2006 governing reconstruction of failed seawall as per existing Chapter 91 plan by way of pre-cast interlocking concrete blocks, and backfill behind to original grade. She notes that the applicant is requesting a one-year extension as layoffs have put them financially unable to pursue the project. Johnson moves to issue a one-year extension to the Order of Conditions for 31 Riverview Street, DEP File #5-921 - Beverly Harlow. Reilly seconds the motion. The motion carries 5-0. 7 Wentworth Drive - Proposed Shed Maxner states that the owner of 7 Wentworth Drive wants to install a shed next to his garage within the 25' NDZ. She reviews photos of the property and asks for a consensus of the Commission as to the location of a proposed shed next to the house within the lawn area and within the 25' NDZ to an adjacent wetland. She questions if a Request for Determination of Applicability should be required. Hayes recommends that they should file for a Determination of Applicability with the Commission. The Commission members discussed possible alternative locations for the shed that could avoid a formal filing and agreed that if the shed were to be placed on the opposite side of the house (the southern side of house) on the street side of the fence, no review or application would be necessary. This area is outside of the NDZ. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 15 of 17 Members further discussed the likelihood of approving the shed in the location that you have proposed and agreed that a denial would be likely because alternative locations to place the shed outside of the NDZ exist on your property. Reilly notes that the Commission routinely requires applicants to move structures out of the NDZ especially if there are alternatives, and she does not believe the shed would be an exception to this interpretation of the regulations. Maxner agrees to relay this determination to the homeowner. 640R Hale Street - Proposed New Sin2le Family House Maxner explains that in response to a building permit application she conducted a site inspection on May 11, 2009 at 640R Hale Street on Map 36 Lot 33 to determine the presence of jurisdictional wetlands and associated buffer zones. During her site investigation she observed a large Bordering Vegetated Wetland (BVW) located on the City-owned property just north of the subject parcel. She notes this wetland supports vernal pool breeding and associated habitat, which renders the 100-Foot Buffer Zone associated with the surrounding BVW a No Disturb Zone (NDZ). Based on her measurements in the field, the outer limits (the last 25-30 feet) of the 100-Foot NDZ falls onto the building lot at the north property corner. She asks members for potential options on how to best protect this NDZ in the most expedient manner. Maxner informed the Commission of the applicant's willingness to accept her field measurements and permanently monument the limit of the NDZ in the hopes that a formal application to the Commission could be avoided. Some discussion ensued and the Commission voted not to require a formal application on the condition that the following requirements be adhered to: 1. The surveyor shall meet with Maxner in the field so that she can provide the exact location of the limit of the 100-Foot NDZ so that it can be included on the plot plan. A copy of the revised plot plan shall be provided for the Commission's files. 2. The NDZ limit shall be protected with staked hay bales during construction. Maxner shall approve the installation of the bales prior to construction commencing. 3. The NDZ limit shall be permanently monumented with not less than three (3) granite or concrete bounds set equidistant from each other with two monuments installed at the side property lines, and at least one in the middle. The tops of the monuments shall be not less than two feet above grade to remain clearly visible in the field. 4. The No Disturb Monuments shall bear the following language facing the upland side: "No Disturbance of Any Kind Beyond This Point Per Order of the Beverly Conservation Commission" . Johnson moves to approve these conditions. Cademartori seconds the motion. Motion carries 5- O. Beverly Parks and Recreation ReQuest to Endorse the Use of Hikin2 Trails and Open Space on Bald Hill Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 16 of 17 Maxner explains that the Commission has received a letter from Bruce Doig requesting that the City Council and Conservation Commission support passive recreation on Bald Hill. She notes that there is a neighborhood dispute about this and explains that the endorsement would reconfirm use of this Conservation Commission parcel for passive recreation and the use of non- motorized vehicles. Discussion ensues regarding the current trail conditions and that this parcel will be receiving one of the new kiosks funded by the grant. Johnson moves to endorse the use of hiking trails and open space on Bald Hill for passive recreation and the use of non-motorized vehicles. Reilly seconds the motion. The motion carries 5-0. Orders of Conditions 75 West Street - Justin Belliveau - Windover Development Discussion ensues as to potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Should repairs to the seawall prove to require any type of excavation beyond the proposed cosmetic resurfacing, the applicant shall apply to the Conservation Commission for an Amended Order of Conditions. 2. Should major landscaping involving changes to grades or terracing be proposed within the 100-Foot Buffer Zone the applicant shall apply to the Conservation Commission for an Amended Order of Conditions. 3. The landscaping plan within the 100-Foot Buffer Zone shall consist of native plant species and shall include native woody species that achieves both structural and specie diversity. Prior to implementation the landscape plan shall be submitted to the Commission for review and approval. Reilly seconds the motion. The motion carries 5-0. 46 River Street - National Grid / Massachusetts Electric Discussion ensues as to potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. The proposed Riverfront Area restoration planting shall be completed no later than June 15,2009. 2. The applicant shall contact the Conservation Administrator once the planting is complete to schedule a site visit to observe the planted area. 3. After two growing seasons, trees shall exhibit 100% survival rate and shrubs shall exhibit 80% survival rate. Plants that do not survive to meet this criterion shall be replaced. 4. The Riverfront Area restoration planting area shall be left to naturalize and shall not be mowed or groomed. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Beverly Conservation Commission May 12, 2009 Meeting Minutes Page 17 of 17 5. The new stockpile/material storage area shall be equipped with a permanent roof to protect material from precipitation runoff and infiltration. 6. Storage of material is prohibited beyond or outside of the new stockpile/storage area and signage shall be installed in close proximity of this area alerting all personnel of this requirement. 7. Snow shall be stockpiled on the street side of the new stockpile/storage area along the chain link fence and signage shall be installed alerting all personnel of this requirement. Reilly seconds the motion. The motion carries 5-0. Other Business Maxner informs the Commission that Ian Hayes has opted to not seek another term on the Conservation Commission. Hayes states that he would like to pursue other interests, but will remain active in environmental issues. Members express their disappointment in his leaving but wish him well and ask him to stay in touch. Hayes states that his last meeting will be June 23, 2009. Approval of Minutes The minutes of the meeting held on March 10, 2009 were presented for approval. Johnson moves to approve the minutes as amended. Reilly seconds the motion. The motion carries 5-0. The minutes of the meeting held on March 31,2009 were presented for approval. Johnson moves to approve the minutes as amended. Reilly seconds the motion. The motion carries 5-0. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 5-0. The meeting adjourns at 10:45 p.m.