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2009-11-10 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present November 10, 2009 Conservation Commission Chair David Lang, Vice Chair, Tony Paluzzi, Bill Squibb, Dr. Mayo Johnson, Mary Reilly and Kate Glidden Members Absent: Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Lang welcomes Kate Glidden, new member of the Conservation Commission to replace Ian Hayes. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Commission will recall this Certificate of Compliance is on hold pending review from the City Solicitor's office, which was completed this week. She notes that the Solicitor approved the draft language and she has directed the applicant's attorney and engineer to revise the plan to depict the correct limits of the easement so that the balance of the undisturbed land is protected. She explains that she is now waiting for a response with a final easement and a revised plan for review and signature. She recommends that the Certificate of Compliance be issued after the conservation easement is executed and recorded, and therefore the matter should be continued to the December 8, 2009 meeting of the Commission. Paluzzi moves to continue to the December 8, 2009 meeting. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. New: 865 Hale Street. DEP File #5-788 - Kevin & Susan Barrv Maxner explains that the Commission issued an Order of Conditions in November 2002 for the refurbishment of a cart access path, creation of two gravel staging areas for compost and yard waste storage/transfer and filling portions of an ILSF to accommodate the pathway. She notes that the original project plans called for a total of267 s.fofthe Isolated Land Subject to Flooding and 580 s.f. of compensatory flood storage to be created. She explains that filling has been scaled down to 69 s.f. and the flood storage to 335 s.f., and areas for yard waste storage have been scaled back as well. Maxner also notes that the pathway location was reconfigured to better work with the existing slope and minimize disturbance. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 2 of 15 Maxner states that she conducted a final site inspection last week and there are no outstanding issues and she recommends that a Certificate of Compliance be issued. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 865 Hale Street, DEP File #5-788. Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. New: 875 Hale Street. DEP File #5-210 - Estate of Kathrvn B. Whittier Maxner explains that the Commission will recall conducting a site inspection on Saturday October 318t to observe the wetland line for the ANRAD. She notes that this particular Order of Conditions was issued back in 1986 - 23 years ago. She further noted that while Ms. Whittier may well have tidied up the wetland back then, it looks like wild natural wetland to her now, aside from the lawn area between the stream and house. She states that she recommends that a Certificate of Compliance be issued to close this old outstanding Order of Conditions. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 875 Hale Street, DEP File #5-210. Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Recess for Pubic Hearim!:s Paluzzi moves to recess for public hearings. Johnson seconds the motion. The motion carries 6-0. Notices of Intent Cont: 114 Hart Street - Jeff Lawler Maxner informs the Commission that the applicant has requested that the matter be continued to the January 5,2010 meeting. She explains that Mr. Lawler continues negotiations with his neighbor regarding the final configuration of the retaining wall and so he has needed continuances. She also notes that DEP has yet to receive the Notice ofIntent to assign a file #, so this hearing will need to stay open until a number is assigned and the Commission receives all requested information. Paluzzi moves to continue to the January 5, 2010 meeting. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Cont: 1 Bathim!: Beach Lane - Donald Morse-DEP File #5-1020 Frederick Geisel is present for the applicant. Geisel addresses the Commission and explains that an Enforcement Order was issued to the applicant for the unauthorized demolition of the structure and excavation for foundation within the 200' Riverfront without a permit and requiring a Notice ofIntent. He notes that a building permit was issued by the City of Beverly for the work that was done. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 3 of 15 Geisel notes that the Commission conducted a site inspection and requested a revised Coastal Bank delineation as well as additional information relative to the proposed amenities around the house. He explains that the plans have been revised and the applicant has added a porch to the back of the house with a 10- foot roof over it and will be constructed on four pilings. Geisel reviews the plans with the Commission and notes that the addition of the porch will bring the building within 93 feet of the riverfront area and estimates that it is 52 feet to the coastal beach. He notes that the entire building is within the 100-foot buffer zone. He also notes that the area has been marked on the plans in accordance with DEP regulations and explains the plans to the Commission. He also states that the revised plans have been sent to DEP with a transmittal letter. Maxner notes that the new porch is creeping into the 100- foot buffer zone and asks for a square footage on that. Geisel states that the porch is approximately 75 s.f. Geisel notes that there are two stormwater infiltration chambers on the site and locates them on the plan. Maxner suggests that someone should be onsite when the storm chambers are installed. Geisel states that it is an easy install but generally he tries to be on site, and he would accept that as a condition. Reilly asks what the maintenance will be on the proposed chambers. Geisel states that there is no maintenance required because the only drainage that will be going through it is clean water from the roof drain. He explains that a filter will be installed to trap leaves. He states that the Commission could condition that the filter be installed. Lang opens the hearing up for public comment at this time. Heather Rickter addresses the Commission and notes that there is ledge on the property and expresses her concern that if the runoff overflows it will run down the hill. Geisel explains the drainage plan and route that the drainage will go. He explains that flood zone maps have been taken into consideration. Maxner notes that new FEMA maps become effective next summer and explains that the Commission has to use the maps that are in effect now. Rickter states that the flood maps show a difference in elevations. Lang reads a letter from Richard 1. Cross of 7 Riverview in opposition to the project. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Cont: 15 Bailev Avenue - DEP File #5-1014 - William & Janet Bresnahan Lang recuses himself from discussion of this matter and leaves the Council Chambers. Bob Griffin is present for the applicant. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 4 of 15 Griffin addresses the Commission and explains that the applicant is proposing to demolish the existing single family house and construct a new house, reconfigure associated driveway now all pavers, utilities and landscaping within the 100' BZ to coastal bank and 200' Riverfront Area to the Danvers River. Griffin notes that Commission members were to visit the site at their convenience. He explains the changes that have been made to the plan based on DEP' s comments. He explains that the driveway will be constructed entirely of pervious pavers noting that the Commission expressed an interest in that at the last meeting. He notes that this change will result in 600 s.f. to pervious surface on the site. Griffin explains that there exists a 25' SESD easement on the northerly side of the property, which constrains the site a bit. Griffin also explains that they have significantly increased the plantings proposed for the site in the front and along the driveway. He also notes that they have added a four-foot retaining wall to smooth out the yard. He further explains that this will require the removal of one 15" Cherry Tree which they will replace with two street trees. He also notes that they will work with the City's arborist to determine what kind of trees to plant. Paluzzi asks if the retaining wall has any effect on the SESD easement. Griffin states that he does not think there will be any effect. Paluzzi asks if the house will be rebuilt on the existing foundation. Griffin explains that test pits performed show that there is no footing in existing foundation so they will be putting in a new foundation with footings. He also reports that since the last meeting they have met with the Zoning Board of Appeals and explains that the corner of the deck is near the property line and they may require a minor reduction in the footprint of the building. He states that he thinks it is reasonable to proceed knowing that if anything the building may be smaller. Maxner asks if there will be any grading on the site where the Cherry tree is being removed. Griffin explains the location and states that they will be grading in that area. Paluzzi opens the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, Reilly moved to close the public hearing. Johnson seconds the motion. The motion carries 4-0-2 with Lang recused and Glidden abstaining. Cont: 22.24 and 27 Whitehall Hill Circle - David Carnevale - DEP File # 5-1017. 5-1016. and 5-1015 Lang returns to the meeting at this time. Bob Griffin is present for the applicant. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 5 of 15 Review of Lot 21- 22 Whitehall Hill Circle. DEP File #5-1017 Griffin addresses the Commission and explains that they are not proposing any significant changes. He notes that the Commission requested that they try and save some trees in the back of the lot and they have noted the two trees to be preserved on the plan. Reilly asks if they considered any low impact stormwater management such as rain gardens for this project. Griffin states that the owner feels that this is a low impact project being a cluster subdivision, noting that significant conservation land has been set aside in the area. He also notes that there is an ambitious stormwater management plan and they felt that was the emphasis. Reilly notes that the lots are smaller and the buildings take up a fair percentage of the lot. She questions what types of pools are proposed for the lots. Griffin explains that the spots for the pools are being reserved in the event that the future owners want a pool. Reilly questions the drainage of the pools. Griffin suggests that the Commission could condition that the discharge from the pools be backwashed to the dry well. Lang suggests that residual chlorine measures can be taken to be sure that the chlorine levels are low or that the drawdown does not occur within 2 weeks of chlorination. Lang opens the hearing up for public comment at this time. Stan Ostrowski of 23 6 Hale Street addresses the Commission and asks if it is the responsibility of the owner to maintain the dry wells on the site. Griffin states that maintenance is a reasonable requirement. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Review of Lot 20 - 24 Whitehall Hill Circle. DEP File #5-1016 Griffin states that there were no questions raised regarding this lot at the site visit. He notes that there are no changes to the proposed plans. He states that they would accept the same conditions discussed for lot 21 regarding draining the pool and dry well maintenance. Lang asks the capacity of the drywells on site. Griffin responds there are two 500-gallon wells. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the 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 5-0-1 with Glidden abstaining. Review of Lot #4 - 27 Whitehall Hill Circle. DEP File #5-1015 Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 6 of 15 Griffin notes that at the site walk a question was raised regarding moving the boulder retaining wall to leave the side slope more natural. He notes there is an oak tree in the No Cut Zone and reviews the trees in the vicinity of the large oak tree and explains the condition of the tree. He also notes the trees on the site that will remain. Griffin explains that they realigned the boulder wall and reviews the plan and the configuration of the wall and the transition to the existing concrete wall. Reilly states that she was looking for a more natural continuance of the wall into the lot. Johnson questions what the drainage easement implies. Griffin explains that the area homeowners and the city of Beverly will be able to enter if they need to. Lang asks what the material will be used for the driveways. Griffin explains that the driveways will be bituminous concrete. Lang asks if they considered greener asphalt for the projects, noting that it is more porous. Griffin explains that there is some question about the durability of greener asphalt. Maxner recommends a condition that the 25' foot No Disturb Zone for lots 20 and 21 be marked with a fence that should be installed prior to construction so that the area is clearly marked before machinery is brought on to the site. Lang opens the hearing up for public comment at this time. John Alves of 5 Morrison Avenue addresses the Commission and expresses his concern about the drainage calculations that have been provided to the city. He notes that there are sink holes on his property that he believes is the result of the development. Griffin states that he is not sure his client caused Mr. Alves sinkholes problem. Mr. Alves stated that he has owned his house since 1983 and had no problems until January of2009. Discussion ensues regarding whether the blasting company bears liability, Mr. Alves notes that they did not contact the blasting company because the sink holes happened after blasting was completed. Lang states that he is not able to draw the conclusion that the blasting caused the sinkholes and is not sure if the Commission has the authority to require a remedy. He notes this might be a private civil matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Cont: (0) Hale Street. Map 15 Lot 8 - Endicott Colle2e c/o Richard Wvlie - DEP File #5-1019 Joe Orzel is present for the applicant. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 7 of 15 Orzel addresses the Commission and explains that the DEP File # for the project has been issued and it is 5-1019. Orzel explains that the Commission requested additional information regarding the size and location of the proposed plantings and a more detailed plan has been submitted. He reviews the proposal and notes that they are proposing 8 Bayberry bushes, 6 Beach Plum and 14-15 Creeping Junipers. He notes that at the end of the last meeting the Commission allowed them to stabilize the area and turf has been installed. He shows the Commission photographs and reviews the plan. Orzel explains that the Black Locust discussed at the last meeting was removed and the stump was ground by Dodge Tree Service. He notes that Dodge Tree looked at the other trees in the area and there are 5 other Black Locusts that they would like to remove. He explains that they are hollow and rotting. He notes that they are along the property line and are all in bad shape and they are proposing to replace them 1-1 with Eastern Red Oak and Red Cedar trees, which are a good size. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. New: 46 L.P. Henderson Road. Beverlv Airport. Map 89 Lot 1. DEP File #5-1022 - An2ier Ames Maxner reads legal notice. Alan Battistelli is present for the applicant. Angier Ames is also present. Battistelli addresses the Commission and explains that the applicant is proposing to build a new hangar within the 100' BZ to BVW. He notes that a portion of the hangar will be within existing paved taxiway area and within existing grassy area outside the 25' NDZ. Battistelli notes that Mayor Scanlon has approved the lease for the site and the City Solicitor is reviewing it. He explains that they are leasing a 60 x 50' area and there is a catch basin on the site. Battistelli explains that plans for the site. He notes that the State Aeronautics Commission and the FAA have approved the plans. He explains the location and notes that they are 10 feet off the edge of the pavement and 42% of the building is outside of the Buffer Zone. He also notes that a silt fence is in place on the site. Lang asks if they will be using City water for the facility. Battistelli explains that they have drilled a well outside the Buffer Zone and explains the setup has a one-inch line. Lang asks if they will be connected to the municipal sewer. Battistelli states that they will be connected to the municipal sewer. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 8 of 15 Reilly asks if there will be an increase in impervious surface on the site. Battistelli states that there will be very little of an increase but a good portion of that increase is outside the Buffer Zone. Maxner notes that City Planner Tina Cassidy reviewed this plan in relation to the Watershed Overlay District. Lang asks the Commission if they wish to visit the site. Paluzzi notes that the Commission has visited the airport site on several occasions and members should be familiar with it. Paluzzi asks if this hangar will be used for maintenance. Battistelli explains that it will be used for storage of supplies and planes, noting that there are strict regulations on the maintenance of planes. He also notes that there is a lip around the building. Maxner asks what the time frame is for the work to start. Battistelli states that they would like to start work in four weeks. Lang opens the hearing up for public comment at this time. Joan Murphy of 36 Longmeadow questions if any maintenance will be done on the planes on site. Paul Vitale, Chairman of the Beverly Airport Commission addresses the Commission and explains that the FAA requires 99% of maintenance work on planes has to be done at an FAA certified repair shop. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Abbreviated Notice of Resource Area Delineation Cont: 875 Hale Street - Svmes Development & Permittin2. LLC c/o Jeff Rhuda Brian Waterman is present for the applicant. JeffRhuda, Brad Latham and Rich Williams are also present. Waterman addresses the Commission and explains that a site visit was held on October 31, 2009. He notes that the flags 1-18 were reviewed noting that some were retied in the field. He also notes that there is a question raised by the neighbors as to whether there is an intermittent stream on the property. He reviews the stream stats calculations and notes that the stream fails the first test that being a watershed size of greater than 1Iz square mile, this watershed is barely 1J4 square mile. Discussion ensues regarding whether it is a perennial stream or not with Reilly noting language in the MACC Manual regarding the impoundment size. Lang opens the hearing up for public comment at this time. Bob Lewis of913 Hale Street addresses the Commission and states that he has lived there for 27 years and notes that there have been flooding problems, which have been alleviated somewhat by Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 9 of 15 the City's Chubbs Brook Drainage project. He expresses his concern that there is no room for additional runoff. Lang notes that while the Commission appreciates the concern however this particular hearing only deals with the nature and extent of resources on site. He explains that once development plans are submitted, the Commission and or the Planning Board looks at drainage. Alfred Brown of 903 Hale Street addresses the Commission and expresses his concern about water levels and show photographs of his property when it has been flooded. Kevin Barry of 865 Hale Street addresses the Commission and states that their legal counsel approached the owner of the property to allow the abutters to have a wetland specialist review the property and the owner refused. Lang expressed concern about that and noted that the Commission always encourages applicants to allow well-meaning abutters access to property to gather information and encouraged the owner to cooperate but the Commission has no power to force that action. He suggested that since there is reasonable uncertainty surrounding this issue perhaps a third party should take a look at it. Johnson agrees and suggests that it might make sense for the Commission to hire an engineer to look at the site. Maxner notes that this is wetland delineation that is fairly straightforward and questions how much more information the Commission needs to make a decision on what has been presented, noting that she feels that the Commission has enough information. Reilly states that it makes sense to allow the abutters to make their own calculations at their own expense at the very least. Brad Latham addresses the Commission and reads a section of310 CMR 10.58 regarding the definition of intermittent stream. Rich Williams, Hayes Engineering, states that the stream stat test is not a subjective process. He notes that the models and calculations are run on the USGS website and any competent engineer can run that test and he is positive that they will come out with the same exact information that the applicant has provided to the Commission. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. There was no second. The motion fails for lack of a second. Reilly moves to continue the public hearing to December 8, 2009 allowing time for the neighbors to run the stream stat test. Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Old / New Business New: 4 Fosters Point. DEP File #5-995 - Tree Removal- Andrew St. Pierre Lang recuses himself from discussion of this matter. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 10 of 15 Maxner explains that the Commission will recall visiting the site on October 31 8t to inspect the area of excavation near the large maple tree straddling # 2 and # 4 Fosters Point. She recalls that the Commission directed Mr. St. Pierre to obtain a report from a certified arborist to provide a prognosis of the life of the tree. Maxner reads letter from Bartlett Tree Service recommending that the tree be removed from the site. The letter states that the tree will not survive construction activities and damage to the root system is very likely besides what damage has been done from excavation and should be removed. Squibb suggests that the tree be replaced in kind with a 6-inch tree. Mr. St. Pierre states he is proposing a 3 inch tree noting that he does not think he can get a 6 inch tree in there, but is willing to perform the original planting plan for the lot aside from what is required under the Order. Discussion ensues regarding an appropriate Riverfront planting plan to mitigate for the removal of the Maple tree. Johnson moves to allow the 48" Maple tree to be removed subject to the following conditions: '" A replacement Red Maple tree of not less than 3 inches in caliper shall be planted in the general vicinity of the existing tree; '" The Commission voted to adopt the January 30, 2009 planting plan (see attached) that showed 6 Eastern White Cedars along the property line and voted to further amend that plan to require an additional 3 to 4 White Cedars to be planted somewhere within the 25-Foot No Disturbance Zone, for a total of at least 9 White Cedars. '" Plantings shall be installed as soon as major site work is completed to avoid damage to the new plants. Reilly seconds the motion. The motion carries 4-0-1 with Glidden abstaining. Maxner states that she will place this determination in writing. New: 76 Paine Avenue. DEP File #5-867 - ReQuest for Partial Certificate of Compliance- John Swansbur2 John Dick is present for the applicant. John Swansburg is present at the meeting. Dick addresses the Commission and explains that they are requesting a partial Certificate of Compliance to release the seawall from the Order noting that they will survey work related to the house construction and will be filing for a full Certificate of Compliance shortly. He goes on to reference his October 6, 2009 letter certifying that the stone riprap is sized in compliance with the approved plan. He explains his observations of the condition of the seawall. Lang asks if they have submitted stamped as-built plans. Dick states that the proposed plan prepared by Summit Geotechnical Consultants is the as-built plan. Lang states that usually the Commission expects stamped as-built plans with actual existing conditions on the ground. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 11 of 15 Dick states that he will submit the plan prepared by Hancock for the tennis court as that has as-built conditions. Maxner asks that the as-built include cross sections of the seawall. Dick agrees to include cross sections. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to December 8, 2009. Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Cont: 640R Hale Street - Vernal Pool No Disturb Zone Demarcation - Jeff Lawler - Maxner reviews the Vernal Pool Habitat Restoration Plan prepared by Bill Manuell of Wetlands & Land Management. The Commission discusses the list of proposed plants and a timeline for the work to be completed. Maxner notes that the plan includes removal of the 30-inch beech tree and refers to the diagnosis report from Meyer Tree Service. She also notes Mr. Lawler would like to plant this year if at all possible so a June 1, 2010 deadline should be sufficient. Members discuss the plan and the beech tree and conditions for completion of the plan. Maxner recommends that the wetland scientist be on site when the plants are installed. There being no further questions or comments regarding this matter, Paluzzi moves to approve the plan for 640R Hale Street subject to the following conditions: 1. The Restoration Plan shall be executed and completed no later than June 1,2010; 2. The Commission voted to allow the removal of the 30-inch beech tree provided that several of it's branches and limbs be dispersed throughout the restoration area as described in the Plan; 3. The project wetland scientist shall be on site during plant installation to ensure proper placement and planting methods; 4. The Commission or its Administrator shall be notified at least 72 hours prior to execution of work on site; 5. In order to reestablish a naturalized forest floor and plant community, the restoration area shall not be mowed or manicured in any way. This condition shall run in perpetuity and survive the final lifting of the Enforcement Order. 6. A final site inspection shall be conducted with the Conservation Administrator, the wetland scientist and yourself to ensure compliance the this Enforcement Order and all elements of the Restoration Plan prior to the Commission's vote to lift the Order. Squibb seconds the motion. The motion carries 5-0-1 with Glidden abstaining. New: 171 West Street. DEP# 5-932 - ReQuest for Extension - Preston & Kathleen Bradford Maxner explains that the Commission has received a request for a 1-year extension to an Order of Conditions governing the demolition of an existing house and construct a new single-family house, abandonment of septic system, and construction of a pool within Buffer Zone to Coastal Bank and BVW, Land Subject to Coastal Storm Flowage and 200-Foot Riverfront Area out at 171 West Street. She notes that the applicants have delayed the project due to their inability to sell their home, but are now planning to start the project in the spring, and recommends that the one year extension be granted. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 12 of 15 Johnson moves to grant a one-year extension. Paluzzi seconds the motion. The motion carries 5-0- 1 with Glidden abstaining. New: 413 Hale Street. DEP File #5-909 - ReQuest for Extension - Landmark School Maxner explains that the Commission has received a request for a one-year extension to an Order of Conditions governing the construction of a new athletic complex, which includes a gymnasium, associated parking, drainage system, and soccer field within 100-Foot Buffer Zone to Bordering Vegetated Wetland. She notes that lack of funding has delayed the project from starting, but the School intends to begin portions of the project shortly. She also noted that she has reminded David Seiter of the pre-construction conditions related to water quality monitoring of the pond and he is aware of what is required. Johnson moves to grant a one-year extension. Paluzzi seconds the motion. The motion carries 5-0- 1 with Glidden abstaining. New: 675 Hale Street. Tree Removal ReQuest at V02el Pond - Christina Godshalk- Maxner explains that the annotated photos and tree company reports included in the packet are self- explanatory. She notes that one tree on the pond side is within the 25' NDZ so if the Commission allows its removal she recommends that the stump not be ground out, rather just flush cut and left in the ground. Johnson moves to approve the tree removal request for 675 Hale Street, at Vogel Pond - Christina Godshalk - Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Cont: 875 Hale Street - Svmes Development & Permittin2. LLC c/o Jeff Rhuda Jeff Rhuda and Brad Latham address the Commission and ask that the Commission secure a third party to conduct a peer review of the wetland delineation. Maxner asks if the applicant is indeed willing to pay for this review. Rhuda and Latham agree to pay. Discussion ensues regarding the choice of a wetland consultant with Maxner noting that she will be unable to work on this until she gets back from vacation middle of next week. Lang states that he will make some calls to get this process moving. Paluzzi moves to secure a third party consultant to perform a peer review. Reilly seconds the motion. Motions carries 5-0-1 with Glidden abstaining. Orders of Conditions 15 Bailev Avenue Discussion ensues regarding potential conditions for the project. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 13 of 15 Johnson moves to issue Standard Conditions and the following Special Conditions: 1. The proposed mitigation plantings, street trees, rain garden and pervious paving of driveway and walkways are not an option but a requirement per 310 CMR 10.58 and must be completed as part of approval of this project. Squibb seconds the motion. The motion carries 4-0-2 with Lang and Glidden abstaining. 22 Whitehall Hill Circle Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction or any work on site, the limit of the entire 25-Foot No Disturb Zone associated with Wetland System A shall be marked with granite posts measuring 5" x 5" x 4' with at least an 18" reveal above grade as noted on the approved plan entitled "Order of Conditions Marker Plan, M-1" stamped received December 15, 2008, prepared by Griffin Engineering Group, LLC in addition to the split rail fencing as called out on the approved project plan. These markers and/or fencing shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission". The installed markers and fence shall be inspected by the Conservation Administrator prior to construction. 2. To ensure the preservation and protection of the two oak trees measuring 14" and 15" as noted on the approved plan, prior to any work on site an orange snow fence shall be installed at least a few feet beyond their drip edges to protect the root systems from construction activities. 3. Pool backwash shall be directed to a separate drywell in addition to those proposed on the approved plan. 4. Pool drawdown shall not occur within 2 weeks of chlorination and shall be directed into the drywell as described in Special Condition # 3 above. Drawdown shall not be directed to the wetland. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 5. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. 24 Whitehall Hill Circle Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 14 of 15 1. Prior to construction or any work on site, the limit of the entire 25-Foot No Disturb Zone associated with Wetland System A shall be marked with granite posts measuring 5" x 5" x 4' with at least an 18" reveal above grade as noted on the approved plan entitled "Order of Conditions Marker Plan, M-1" stamped received December 15, 2008, prepared by Griffin Engineering Group, LLC in addition to the split rail fencing as called out on the approved project plan. These markers and/or fencing shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission". The installed markers and fence shall be inspected by the Conservation Administrator prior to construction. 2. Pool backwash shall be directed to a separate drywell in addition to those proposed on the approved plan. 3. Pool drawdown shall not occur within 2 weeks of chlorination and shall be directed into the drywell as described in Special Condition # 2 above. Drawdown shall not be directed to the wetland. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 4. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. 27 Whitehall Hill Circle Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction or any work on site, the limit of the entire 25-Foot No Disturb Zone and No Cut Zone associated with Wetland System A shall be marked with granite posts measuring 5" x 5" x 4' with at least an 18" reveal above grade as noted on the approved plan entitled "Order of Conditions Marker Plan, M-1" stamped received December 15, 2008, prepared by Griffin Engineering Group, LLC. These markers shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission". The installed markers and fence shall be inspected by the Conservation Administrator prior to construction. 2. Pool backwash shall be directed to a separate drywell in addition to those proposed on the approved plan. 3. Pool drawdown shall not occur within 2 weeks of chlorination and shall be directed into the drywell as described in Special Condition # 2 above. Drawdown shall not be directed to the wetland. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 4. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Beverly Conservation Commission November 10, 2009 Meeting Minutes Page 15 of 15 Johnson seconds the motion. The motion carries 5-0-1 with Glidden abstaining. o Hale Street - Endicott Colle2e Discussion ensues regarding potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Regardless of whether depicted on the approved plan or described in the revised planting plan, no trees shall be removed from within the 25' No Disturb Zone. 2. In addition to the proposed shrub plantings, all cut trees shall be replaced on a 1: 1 ratio with native trees. 3. All plantings shall be installed no later than June 1,2010. Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. 46 L.P. Henderson Road - Beverlv Airport - Cape Ann Han2ar Associates. An2ier Ames Discussion ensues regarding potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Long-term storage of oils or any other chemicals within the hangar is prohibited. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. 2. A lip or berm shall be installed or poured at the entrance of the hangar to ensure full containment of any spills of chemicals or fuels within the hangar. 3. The catch basins within the vicinity of the project shall be protected with hay bales or silt sacks to prevent any loose sediment or materials from entering the basins during construction and shall remain until all soils are fully stabilized. Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on September 1, 2009 were presented for approval. Johnson moves to approve the minutes as presented. Paluzzi seconds the motion. The motion carries 5-0-1 with Glidden abstaining. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 6-0. The meeting adjourns at 11 :00 p.m.