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2010-03-23 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present March 23,2010 Conservation Commission Chairman David Lang, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Gregg Cademartori, Bill Squibb and Mary Reilly 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, Massachusetts. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Conservation Easement has been referred to the Legal Affairs Committee of the City Council and they have reported it out of Committee with a recommendation that will be taken up by the full City Council at their April 5, 2010 meeting. She recommends that the Commission continue the approval of the Certificate of Compliance to April 13, 2010. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 7-0. Cont: 16 Bav View Avenue. DEP File #5-993 - Thomas & JoAnne Bob Griffin is present for the applicant. Griffin addresses the Commission and requests that the Commission continue the matter to April 13,2010. He explains that the applicant is installing some more erosion control measures and a special seed mix along the bank. He also explains that the architect is working on a response as to conditions on the bank and landscape work that led to the deviations from the approved plan. There being no further questions or comments regarding this matter, Paluzzi moves to continue. Reilly seconds the motion. The motion carries 7-0. ReQuest for Determination of Applicabilitv Cont: 25 Whitehall Circle. Subdivision Lot #5. Assessor's Map 23 Lot 19F - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 2 of 18 Griffin addresses the Commission and reports that there have been no changes to the plan since the last presentation. He notes that the Commission visited the site and it was determined that the house and driveway locations are far enough away from the resource area. Maxner suggested a condition that if there are significant changes to the plan, the applicant will have to come back to the Commission for review. Cademartori suggested that at a minimum there should be a 50 foot setback from the resource area and the limit of grading. Griffin agrees to change the limit of activity to no more than 50 feet from the resource. Maxner suggests that the erosion controls installed at that limit and inspected by her prior to any work commencing on site. Reilly states that if there is further encroachment into the buffer zone by hard structures the applicant needs to come back to the Commission for further review. Griffin agrees noting that Maxner will have to sign off on a building permit. Johnson notes that the walking path is close to the berm of the detention pond. Griffin explains that there is a five foot easement and notes the location on the plan. Maxner questions if the location is realistic. Griffin states that there is an opportunity to move it but it can be traversed. Lang asks if there is 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 issue a Negative 3 Determination with conditions. Johnson seconds the motion. The motion carries 7-0. New: Near Shore Off West Beach - Harvest 1.600 Eel Grass Shoots - Transplant and Restore in Manchester Harbor - Salem Sound Coast Watch - Barbara Warren Barbara Warren, Phil Collarusso and Tay Evans are present. Warren addresses the Commission and explains that Salem Sound Coastwatch has partnered with MA Division of Marine Fisheries, MA Bays Estuary Program and the Town of Manchester to restore damaged eelgrass beds at mooring sites in Manchester Harbor. She notes that they propose to harvest 1600 eelgrass shoots from an extensive and dense bed of eelgrass just off of West Beach in Beverly and transplant them at sites in Manchester Harbor. Warren explains that the project is funded through a grant from the Massachusetts Bay National Estuary Association. Warren explains the locations for the work to be done on charts she provides. She also notes that the project includes funding to replace seven (7) moorings in the harbor that are much more environmentally sensitive. Colorusso addresses the Commission and explains how they will harvest the eel grass and transplant it to Manchester Harbor. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 3 of 18 Lang asks about the population of the eel grass beds that they will be taking from. Colorusso explains the process of harvesting and replanting and explains that they will be using a monitoring site off West Beach and notes that they have a good understanding of that eel grass bed. He notes that they will be harvesting less than 1 % of the population and will spread the harvest over a large area and avoid impact to one area of the bed. Warren explains that they are not doing anything intrusive and notes that they will be monitoring the sites for two years. Lang asks if they will be working with the City of Beverly Harbor Master on the project. Warren explains that they will be working with the Manchester Harbor Master. Lang notes that Beverly has some moorings in that area. Johnson questions whether the proposed helical moorings go deep enough. Warren explains that Manchester will require the new anchors which area on springs and notes that any boater that puts in a new mooring has to use a helical anchor. Warren explains that they will be installed on a 1-1 length bottom to top. Johnson asks how long the helical anchors last. Warren states that she has heard some have lasted 16 years. Squibb asks how long it will take for the eelgrass to replicate. Colorusso explains that it will take a growing season or two but that will be part of the monitoring program. Lang states that he thinks that this is a very beneficial project and would be interested in receiving the monitoring reports. Warren agrees to provide the reports. Maxner asks how Manchester decided to require helical moorings. Warren states that she is not sure but noted that they are required in the outer harbor. Warren reports that Provincetown is doing the same proj ect. Lang asks if there is public comment at this time. Joan Murphy of36 Longmeadow Road addresses the Commission and questions if there will be any scoured areas. Warren explains that diver will go down and decide where to transplant the eel grass to avoid areas with rocks. Squibb asks if the two harbormasters are communicating. Warren states that contacting them and getting them together are on her list of things to do. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 2 Determination with conditions. Reilly seconds the motion. The motion carries 7-0. New: 43 Water Street - Repairs to Seawall- Beverlv Port Marina - Suzanne Kinzie Maxner reads legal notice. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 4 of 18 Jon Silver is present for the applicant. Silver addresses the Commission and explains that a portion of the wooden seawall immediately adjacent to the travel lift and above ground fuel tanks was damaged during the recent wind and rainstorm on February 25,2010. He explains that the tides washed away the gravel behind the wall and snapped a cable and moved the wall. Silver explains that it is important to get the repairs done as soon as possible and requested a negative determination so that work can begin. He reports that he met with Maxner and Lang at the site. He explains that they are proposing to drive 8 piles to keep the wall in place. Reilly asks if the piles will be on the waterside. Silver explains that the piles will be in the water. He also notes that they originally asked for 11 piles but the contractor reviewed it and determined that they could reduce them to 8. He explains the configuration of the piles. Silver states that this is a simple project if it is done quickly, but if they let it go it could become a big project if let to sit. Squibb asked how the chains would be attached to the structure. Silver explains the process and notes that they will use a forklift explaining the conditions of the cables found so far. Cademartori asks if they will be installing asphalt on top. Silver explains that they will not be doing that right away noting that the rainwater will filter through the dirt instead of the ground. Reilly asks if the wall is crumbling. Silver explains that the wall is in good shape but they are concerned that it is more likely that the pile will snap. Maxner asks if there is anyway that they could attach a couple of chains so there will be more that one pressure point. Silver explains that there will be two cable connections and with the waterside piles there should be even pressure distributed. Lang asks if there is public comment at this time. There is no one present that wishes to comment on this matter. Maxner requests that the plans be updated to show what is being proposed. She also asks if the Commission is comfortable approving this as a Request for Determination. Lang states that he is comfortable with issuing a Determination with conditions. Paluzzi agrees. Paluzzi moves to issue a Negative 2 and a Negative 3 Determination with conditions as follows: 1. Work described in the original Request for Determination of Applicability has been revised as described by the applicant's representative at the March 23,2010 Conservation Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 5 of 18 Commission meeting. Revisions include reduction in the number of proposed piles from 11 piles to 8 piles (3 vertical, 3 batter piles, and 2 diagonal piles). 2. A revised plan as described above shall be submitted to the Commission as soon as possible for its file. 3. The applicant shall contact the Conservation Administrator if any changes to the plan are proposed or if unexpected site conditions are discovered, no work may commence on such changes until the Administrator has the opportunity to review and advise the applicant on the changes. 4. The applicant shall contact the Conservation Administrator to schedule a site inspection when the wall is pulled back into position and upon the second day of pile driving. 5. The applicant shall contact the Conservation Administrator to schedule a site inspection when the work is completed. Johnson seconds the motion. The motion carried 7-0. Recess for Public Hearim!:s Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 7-0. Abbreviated Notice of Wetland Area Delineation Cont: 1 Lake Shore Avenue - Lake Shore One Realtv Trust - Sheila Colahan Bob Griffin is present for the applicant. Griffin addresses the Commission and notes that the Commission held a site visit and requested additional information, which they are working on. He requested that the Commission continue the matter to April 13, 2010. Paluzzi moves to continue. Reilly seconds the motion. The motion carries 7-0. Notice of Intent Cont: 114 Hart Street - Jeff Lawler Bill Manuell of Wetlands and Land Management is present for the applicant. Manuell addresses the Commission and explains that several months ago they submitted an NOI for a significant landscaping project in the buffer zone to an intermittent stream and it has been delayed due to concerns of the neighbors regarding the final configuration of the retaining wall. Manuell explains that they are proposing to disassemble the wall and move it back three (3) feet and reinstall it per the agreement with the neighbors. He explains the plans and notes that the changes are reflected on the plan. He reviews the plans and notes that there is a significant amount of Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 6 of 18 additional plantings proposed. He also notes that there will be a reduction in the bituminous surface on the site. He also notes that they are requesting a waiver which will is justified by the extensive plantings that are proposed. Manuell explains that they have made an effort to alleviate drainage on the site and agree to install 6" inches of stone to make sure that the water does not sheet onto the neighbor's property. Maxner questions if the plan shows the location of the new retaining wall. Manuell states that the plans show the location of both walls and notes that markings on the plan. She states that the plans are not very clear. Cademartori asks what the height of the retaining wall will be. Manuell explains that the wall will be four (4) feet at the highest point and go down to zero. Cadmartori suggests that the Commission visit the site noting that it has been a year since they have been to the site. Squibb agrees. Maxner notes that the applicant is also requesting to remove Norway maple trees along the bank. Squibb requests to see a blow up of the retaining wall part of the plan. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the plan. Paluzzi moves to continue the public hearing to April 13, 2010. Reilly seconds the motion. The motion carries 7-0. Lang requests a single plan that shows all details including the buffer zone, No disturb zone and the wall. The Commission scheduled a site visit for March 31,2010 at 6:00 p.m. Cont: 18 Whitehall Circle. Subdivision Lot #22. Assessor's Map 23 Lot 19U - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Griffin addresses the Commission and that a site visit was held and no further information was requested. Maxner notes that the overflow discharge is five (5) feet from the 24" tree. Griffin states that they can move it ten (10) feet. Maxner requests that they move it out of the drip edge. Griffin notes that it is a large tree. He explains that they will be digging 6 inches to install PVC pipe and they are not excavating to create a spot. Maxner suggests that they skew it a little. Reilly notes that they are grading next to the tree. Griffin explains that there will be filling between the house and the tree but the filling ends before they get to the tree. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 7 of 18 Reilly suggests a condition that if the tree does not survive two growing seasons they will be required to replace it. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 7-0. Cont: 16 Whitehall Circle. Subdivision Lot #23. Assessor's Map 23 Lot 19V - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Griffin addresses the Commission and notes that the Commission visited the site. He notes that there is a 22-inch tree near the proposed grading that should not be affected. Cademartori notes that there is a significant topography break between the lot and the resource area. Squibb asks if they did test pits on the site. Griffin states that they did not do test pits in this process but they did testing in the initial design phases of the project for the roadway. Maxner asks the Commission how they feel about changes in the footprint, noting that the applicant may change the configuration in the building permit. Members agree that it is appropriate that the Commission review any changes to the plan they are now reviewing. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. Cont: 42 Whitehall Circle. Subdivision Lot #24. Assessor's Map 23 Lot 19W - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the Commission visited the site and they have some new information to present. He explains that they have not changed the location of the house and notes that the extent of the wetland and upper wetland are related to the proposed pool location. Griffin explains that the 2000 restoration plan boundary and notes that the wetland line from that plan is smaller than the line approved for this project. He also explains that they have noted the locations of boulders on the plan, which he believes that they were supposed to delineate the restored wetland based on information in the restoration file. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 8 of 18 Maxner agrees noting that her files seem to indicate the same. She hands out photos provided by John Dick when he submitted for a Certificate of Compliance several years ago. Griffin also explains that the plans call for the installation of a split rail fence along the edge of the 25' NDZ. He also notes that there is no concern about potential damage to the wetland. Reilly questions if there is a patio on the side of the pool or the outer edge. Griffin states that is correct. He notes that there is six (6) foot drop that is very steep. He reviews the pool dimensions. Maxner states that she is not sure she is comfortable with the over flow pipe discharge on the slope. Griffin states that rip rap will control erosion. Squibb suggests that they should add more rip rap. Maxner expresses concern about capturing pool backwash. Griffin explains that there is a drywell next to the pool and the backwash will go into that. Maxner suggests that both hay bales and a silt fence should be installed on this site. Lang agrees. Reilly states that she would like to see more plantings on the slope behind the pool to ensure its stability. Lang opens the hearing up for public comment at this time. Joan Murphy of Long Meadow Road addresses the Commission and suggests that chlorine tolerant plantings should be planted on the slope. Griffin states that he is not concerned about pool splashing in that area. Cademartori clarifies that the slope is not as steep as it looks on the plan. Reilly states that plantings on the slope are still appropriate. Members agree. Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 7-0. Cont: 16B Bav View Avenue. Assessor's Map 13 Lot 202B - Elmtop Realtv Trust c/o Michael & Robert Hubbard Bob Griffin is present for the applicant. Griffin requests that the Commission continue the public hearing to April 13, 2010. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 7-0. New: 32 Tozer Road - Cell Si2nallin2 c/o Annette Rendanzza Maxner reads legal notice. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 9 of 18 Dan Morrissey of Cell Signaling and Doug Trees, Architect, and Peter Ogren are present for the applicant. Doug Trees addresses the Commission and explains that Cell Signallin has purchased 32 Tozier Road and plan improvements to use the building to receive materials. He also notes that they are proposing to repave the roadway access to the site. Trees reports that the paving has been reconfigured in order to save the 18" Pine tree. He notes that a deep sump catch basin will be installed and drain to a subsurface Cultec recharge chamber system within the existing paved driveway has been included to address Stormwater Standards for redevelopment. Ogren explains the stormwater management for the site and notes that because there will be new paving the storage for the 100-year storm is included in the calculations that have been included in the application. Ogren explains that they are proposing deep sump catch basins with gas traps on the site and explains the calculations He also notes that commercial applications require storm water management proposals. Lang notes that the sediment in the brook is bright orange and questions if that will impact this project. Trees explains that the site they are looking at is the former day care building and explains the proposed renovations. Lang states that he mentioned the condition of the brook so that they would be aware of it. Lang opens the hearing up for public comment at this time. Joan Murphy addresses the Commission and asks for clarification on the drainage route. Ogren explains the drainage for the site. Maxner suggests that an Operation and Maintenance Plan with a checklist of maintenance activities should be submitted and asks who will be responsible for carrying out the maintenance. Morrisey states that he is in charge of facility maintenance and will be the responsible party. Maxner asks is he has read the 0 & M plan and understands what needs to be done. Morrisey states that he has and sees no problem with carrying out the maintenance activities. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 7-0. New: Dix Park/Greenwood Avenue - City of Beverlv c/o Michael Collins Maxner reads legal notice. Mike Collins, Commissioner of Public Works and Engineering is present for the City of Beverly. Mike Collins addresses the Commission and explains that as a second phase to the previously permitted Chubb Brook Drainage Project, the City is now proposing additional flood control measures in the vicinity of Greenwood Avenue and in Dix Park. He explains that an 18-inch pre- cast concrete block retaining wall is proposed along one side of Greenwood Avenue, and the wall is Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 10 of 18 immediately adjacent to the wetland and will increase the flood storage capacity of the wetland behind it. He also explains that there is an existing berm built for flood storage at Dix Park, which the City intends to raise by 12 inches to again increase the flood storage capacity of the park itself. Collins explains that the work at Dix Park will take place within the 200-Foot Riverfront Area to Chubbs Brook, and native landscape plantings and a walkway are proposed immediately adjacent to the brook. Collins also reported that the health of the wetland has not been negatively impacted since the first part of the Chubbs Brook project was done, noting that there are more salamanders in the vernal pools than previously documented. He noted that it was not practical to use large drainage pipes to solve the flooding problems in that area so they have tried to slow flood waters down and the timing of floodwater release in this watershed is tricky. He noted that during the last big storms with 8 inches of rain, Chubbs Brook did not have wide spread flooding issues although some basements did get flooded which the DPS were able to keep under control and no one had to evacuate their homes. He also noted that they are not proposing to raise the elevation of the spillway. Collins explains that they are not proposing any work in the BVW, however it is immediately adjacent and they cannot comply with the requirement for the 25-foot NDZ. He explains that they are proposing to dig a 6-inch trench 2 feet deep within the existing gravel right of way, which will provide more stability to the pond and more capacity during extreme rain events. Collins explained that the elevation in Dix Park would be raised by one (1) foot to try to hold more water during extreme events. He notes that they are not changing the grade and have been careful not to impact the area. He notes that they are proposing enhancement plantings and landscaping along the small section of open channel of the brook. Maxner suggests that the Commission visit the site. She also notes that there is no DEP file number for this as of yet. Lang agrees that the Commission should visit the site. Lang opens the hearing up for public comment at this time. Rene Mary addresses Collins and asks if this will solve the problems at Preston Pond as well. Collins explains that they will be filing three (3) more projects for projects in the Chubbs Brook that will address all of the flooding issues with that watershed. Bob Lewis of 903 Hale Street addresses the Commission and asks who will be doing the work. Collins explains that his crew of city employees will be doing the work. Tim McGuiness abutter to Dix Park addresses the Commission and asks what the timetable is for the project, noting that he is concerned about plantings. Collins explains that stone dust path is proposed and it is more permeable than dirt. He also noted that the work in Dix Park could not start until August because it is too wet. Lang suggests that the Commission visit the site on March 31 at 6:30 p.m. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 11 of 18 There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to April 13, 2010. Paluzzi seconds the motion. The motion carries 7-0. OLD/NEW BUSINESS New: 875 Hale Street - Discussion Re2ardin2 Definitive Subdivision Yield Plan - Jeff Rhuda. Montrose School Park. LLC Peter Ogren and Jeff Rhuda are present. Ogren addresses the Commission and states that they have submitted a new 5-lot yield plan, which is waiverless and has been approved by the Planning Board. He explains that the proposed roadway construction is outside the buffer zone and reviews the plan with the Commission. Ogren explains that their preferred plan under the OSRD is a driveway off Hale Street with three (3) new dwellings and two (2) existing dwellings for a total of 5 houses. Reilly asks how far the most southerly house would encroach into the Buffer Zone. Ogren points it out on the plan noting that it would still respect the 25' NDZ. Cademartori asks how this plan relates to the OSRD standards for open space. Ogren states that they are not going to be able to meet the standard and they will need a waiver for that. He explains the formula used to calculate open space and explains that the wetland, riverfront and buffer zone cannot be included and only the buildable area can be included but it encumbers too much of the lot to make it reasonable to set aside 50%. Rhuda addresses the Commission and explains that he filed a conventional subdivision plan for this site three (3) months ago to freeze the zoning and they will be reopening that with the Planning Board. He notes that the Planning Board will be hearing both plans simultaneously. Maxner asks the Commission if they want to send a follow up letter with comments regarding the proposed yield plan. Lang notes that the applicant has incorporated some of what the Commission has asked for during previous discussions of the plan. He suggests that the Commission send a letter. Members review and comment on the proposed 5-lot concept plan. Cademartori asks Rhuda if he is fixed on the layout, as it seems the lot areas are well above the undlerlying R10 zoning. Rhuda notes that they have done several iterations of this plan but this is the preferred based on abutter concerns and marketing the house lots. Lang asks if there is any public comment at this time. Nancy Coffey of97 Haskell Street addresses the Commission and expresses her concern that there is a perception that Beverly Farms houses are all big McMansions noting that the Farms is a Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 12 of 18 patchwork of different house styles and neighborhood types. She also notes that she is concerned that the OSRD has not been honored and she would like to see the landscape preserved and if there is no real minimum for open space in this Ordinance why even have it on the books. Bob Lewis of 903 Hale Street addresses the Commission and expresses his concern about the wetland boundaries. He also notes that there is less open space on the plan and the buildings are larger in this plan. He asks that no waivers be granted for this project and noted that he has submitted a letter to the Commission and the developer expressing his concerns. Reilly states that she would like to see a little more effort regarding open space protection especially considering the lots are even larger than they need to be. Cademartori noted that there were a couple of iterations of this plan that called for four (4) houses and there was a lot more open space in the plan. He noted that the plan that is submitted now in concept is 50% of what the ordinance requires. He states that he would like to see the other layouts that take into consideration what the Commission is looking for that could be addressed in a Notice of Intent. Tom Grant of Hale Street addresses the Commission and requested that the Commission reconcile their comments with previous comments made to the Planning Board regarding this project. Maxner provides an outline of concerns voiced by the Commission on previous plans. Discussion ensues regarding previous comments made by the Commission. Maxner will draft a letter to the Planning Board and send it to members for their review to ensure it encapsulates the Commission's discussion tonight. New: Beverlv Conservation Land Trust - Discussion re: CR for Chapman's CornerlWhitehall Subdivision - Scott Houseman & Jane Brusca Scott Houseman and Jane Brusca from the Land Trust are present. Brusca addresses the Commission and explains that they want to follow up with the Commission on previous discussions regarding the Chapman's Corner/Whitehall subdivision Conservation Restriction (CR). She notes that work has started on the subdivision and they are making progress on an agreement with the developer and have a draft CR in hand. Houseman reports that he has been working with Atty. Dennis Crimmins and Kathy Berg of Greenbelt on the establishment of an endowment that would allow the Beverly Conservation Land Trust to maintain the property and administer the CR. He reported that they have now agreed to put money in. He explains that they have agreed to pay $500 per year for three years and in years 4 and 5 that will increase to $750. He also notes that the homeowners association would contribute every year there after. He also explains that they have also asked the developer to put boundary markers on the open space property lines. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 13 of 18 Houseman reported that they are having discussions with the Friends of Chapman's Corner group and their attorney and they are open to the idea of contributing to the endowment. He notes that they are hoping that the Commission would be willing to make a one-time contribution. Kathy Berg addresses the Commission and explains how the endowment is calculated and how the Land Trust would use the funds to monitor and enforce the CR. Reilly asks if they have looked into grants that may be available. Houseman states that they will do that. He also notes that the developer is anxious to have this established so that they can begin selling lots and homes. Squibb asks why they want granite markers installed. Houseman explains that the granite markers will indicate the boundaries of the property and keep the area separate from the private homes. Maxner states that the Commission's attorney, George Hall, has not been able to review the CR as he is away on vacation. She recommends the Commission allow Hall to review this, but in the meantime members could discuss the idea of contributing to the endowment with funds from their Ordinance fee account. Lang states that he has reservations about expending money during difficult fiscal times such as these. Cademartori states that he thinks that it is acceptable for the Commission to donate funds to this CR as the CR itself was a condition of the permit and the Commission will be joint holder of the CR. He adds that the Commission has been expending monies for similar projects within the City such as the kiosks marking conservation land and this is in line with the Commission's charge. Lang asks the Commission for suggestions. Members discuss possible amounts for contribution ranging from $3,500 to $5,000. Members agree that they would be wiling to match the donation offered by the Friends Group. Houseman states he will get more information from the Friends in that regard in time for the next meeting. Lang suggests tabling this discussion until George Hall has a chance to advise the Commission on the CR language and member can think about the endowment issue a little more. Members agree. Paluzzi moves to continue this discussion to the April 13, 2010 meeting. Seconded by Cademartori. Motion carries 7-0. New: 3 Greenwood Avenue. DEP File #5-946 - US Alliance Federal Credit Union/Ben Stinson - ReQuest to Extension of Order of Conditions Maxner explains that this Order governs the installation of sub-surface septic system to service a new single-family house within 100-Foot Buffer Zone to Bordering Vegetated Wetland. She notes that the house shell is up but nowhere near finished and the septic system is also not complete. She explains that this property is in the midst of foreclosure and the Order will expire in April. She also notes that she visited the site and the condition of the property has deteriorated over the winter. She Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 14 of 18 recommends that the matter be tabled to the next meeting on April 30, 2010, and provides a list of corrective actions that need to be carried out to stabilize the site. She explains that this includes removal of existing rotted hay bales and silt fence, replacement of entire erosion control lines and patching potholes in the roadway. She also notes she shared these recommendations with the bank it agreed to secure a contractor to do the work and has asked that the Commission table the matter so that they can get the work done. Discussion ensues regarding the project and progress to date. Mike Otis of 1 Greenwood Avenue, Don and Jane Brusca of 11 Greenwood Avenue address the Commission expressing their displeasure and frustration with how the site has been managed and they all believe that their property values have been negatively impacted by the project. They inquire if the Commission can deny the project. Cademartori explains that the Commission can only reevaluate the project possibly under a new NOI and issue conditions that are more protective, but since the project has already receive Commission approval it is unlikely that it could be denied at this point. Paluzzi moves to table the matter to the April 13, 2010. Johnson seconds the motion. The motion carries 7-0. New: Beaver Pond Road - Tree Dama2e Clean Up - Carmen Frattarolli Maxner explains that the Commission received a letter from Carmen Frattaroli that details areas of concern that have been impacted by the recent rain and wind storms in March and the proposed clean up activities. She notes this includes taking the cut logs and spreading them in an area that is not as visible from the roadway on a slope near 59 Beaver Pond Road. She refers to other areas pointed out in the letter and shows photos of conditions. Members review the letter and photos. Lang states that he feels that this is a reasonable request. Johnson agrees. Paluzzi moves to allow the cleanup of tree damage along sections of Beaver Pond Road. Reilly seconds the motion. The motion carries 7-0. New: 167-183 West Street. DEP File #5-988 - Preston Bradford & Gerhard Schulmever - ReQuest For Minor Modification Maxner explains that this Order governs installation of new transformers and handholes, burying new underground electrical conduit, and removing overhead lines and poles in West Street within Salt Marsh, Land Subject to Coastal Storm Flowage Riverfront Area and 100-Foot Buffer Zone. She notes that National Grid was the original applicant, and two of the residents have taken responsibility for the permit as approved and wish to document that fact, noting that it is apparently much cheaper for the residents to privately secure the contractors to do this work, so they have opted to assume responsibility. Paluzzi moves to approve the minor modification for 167-183 West Street. Reilly seconds the motion. The motion carries 7-0. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 15 of 18 New: 973 Hale Street - Enforcement Order - Joan Mullen Maxner asks that the Commission ratify the Enforcement Order for 973 Hale Street. She notes that the cover letter accompanying the EO explains the unauthorized activities and she believes that a NOI is appropriate at this point. Members review Maxner's cover letter. Paluzzi moves to ratify the Enforcement Order for 973 Hale Street. Reilly seconds the motion. The motion carries 7-0. New: Expenditure Approvals Maxner requests approval of the following expenditures: . Reimbursement for her attendance to six MACC Fundamental Training Units in the amount of$270.00 ($45.00/Unit). Paluzzi moves to approve the expenditure. Reilly seconds the motion. The motion carries 7-0. Orders of Conditions Cont: 16 Whitehall Circle. Subdivision Lot #23. Assessor's Map 23 Lot 19V - Manor Homes Development. LLC c/o David Carnevale Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 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". Prior to any work commencing the Conservation Administrator shall inspect the installed markers and fence. 2. Photo documentation of physical installation of the drainage/drywell structures shall be submitted to the Commission for its file. 3. 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. 4. All trees slated for preservation within the Buffer Zone shall survive at least two years post construction. If any trees within the Buffer Zone fail or die within those two years, three Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 16 of 18 native replacement trees of at least 2-inch caliper shall be planted on site within the Buffer Zone. 5. Any changes to the approved plan shall be reviewed and approved by the Commission prior to any work commencing. Reilly seconds the motion. The motion carries 7-0. Cont: 18 Whitehall Circle. Subdivision Lot #22. Assessor's Map 23 Lot 19U - Manor Homes Development. LLC c/o David Carnevale Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 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". Prior to any work commencing the Conservation Administrator shall inspect the installed markers and fence. 2. To minimize impact the proposed rip-rap discharge point shown within the Buffer Zone shall be moved at least 1 0 feet away from the 24" tree. 3. Photo documentation of physical installation of the drainage/drywell structures shall be submitted to the Commission for its file. 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. 5. All trees slated for preservation within the Buffer Zone shall survive at least two years post construction. If any trees within the Buffer Zone fail or die within those two years, three native replacement trees of at least 2-inch caliper shall be planted on site within the Buffer Zone. 6. Any changes to the approved plan shall be reviewed and approved by the Commission prior to any work commencing. Johnson seconds the motion. The motion carries 7-0. Cont: 42 Whitehall Circle. Subdivision Lot #24. Assessor's Map 23 Lot 19W - Manor Homes Development. LLC c/o David Carnevale Discussion ensues regarding potential conditions. Jonson moves to issue Standard Conditions and the following Special Conditions as discussed: Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 17 of 18 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". Prior to any work commencing the Conservation Administrator shall inspect the installed markers and fence. 2. Prior to construction or any work on site, a planting plan for the graded slope located to the west of the pool shall be submitted to the Conservation Commission for its review. The planting plan shall consist of native shrub and ground cover species planted densely to enhance wildlife habitat and ensure stabilization of the slope. A protocol for ensuring the proper care and survivorship of the newly planted material shall also be narrated on the plan. 3. The proposed riprap velocity reducer shall be enlarged to ensure no erosion to the slope occurs in heavy runoff events. 4. Erosion control shall consist of both hay bales and silt fencing; hay bales must be staked and silt fence must be entrenched. 5. Photo documentation of physical installation of the drainage/drywell structures shall be submitted to the Commission for its file. 6. Pool backwash shall be directed to the drywell. 7. 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. 8. 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. 9. All trees slated for preservation within the Buffer Zone (if any) shall survive at least two years post construction. If any trees within the Buffer Zone fail or die within those two years, three (3) native replacement trees of at least 2-inch caliper shall be planted on site within the Buffer Zone. 10. Any changes to the approved plan shall be reviewed and approved by the Commission prior to any work commencing. Paluzzi seconds the motion. The motion carries 7-0. New: 32 Tozer Road - Cell Si2nallin2 c/o Annette Rendanzza Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Operation and Maintenance Plan shall be adhered to 2. An Annual Report shall be submitted to the Commission regarding O&M activities. Beverly Conservation Commission Meeting Minutes - March 23, 2010 Page 18 of 18 Johnson seconds the motion. The motion carries 7-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on January 5,2010 were presented for approval. Johnson moves to approve the minutes as submitted. Paluzzi seconds the motion. The motion carries 7-0. 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 7-0. The meeting adjourns at 11 :30 p.m.