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2010-06-15 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present June 15,2010 Conservation Commission Chair David Lang, Vice Chair Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Gregg Cademartori (7:25 p.m.) Members Absent: Others Present: Mary Reilly Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street Beverly, MA at 7:00 p.m. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Attorney processing the Conservation easement is still working with the engineer for a new plan to present to the Registry. She recommends continuing the matter to the July 6, 2010 meeting. Johnson moves to continue the matter to the July 6,2010 meeting. Reilly seconds the motion. The motion carries 5-0. Cont: 84 West Street. DEP File #5-820 - Joseph Leone Maxner recalls that the Commission requested that Mr. Leone file a full set of as built plans for the site. She explains that the applicant has requested that the matter be continued to the July 6, 2010 meeting so that he can prepare the plans. Paluzzi moves to continue the matter to July 6,2010. Squibb seconds the motion. The motion carries 5-0. New: Thompson Farm Wav. DEP File #5-873 - Thomas Carnevale. Cole Street Subdivision. LLC Maxner recalls that the Order governed the construction of detention basin designed to function as a wet basin with native plantings within 100-Foot Buffer Zone, but outside the 25' NDZ, to an off- site Bordering Vegetated Wetland. She explains that the wet basin serves the 6-10t residential subdivision and all work associated with the subdivision building envelopes, access roadway, and cul-de-sac is outside the 100-Foot Buffer Zone, and the only work that fell within jurisdiction was Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 2 of 15 the construction of the proposed wet basin and associated grading. Maxner reviews the special conditions that were issued for the project as follows: 1. The deed associated with Lot # 6 shall contain language requiring that the owner of said Lot shall be responsible for maintenance of the wet basin and its associated inlet, riprap outlet and velocity reducer structures in perpetuity. 2. As discussed at the public hearing of April 12, 2005, the proposed shrubs which are less tolerant to flooded conditions shall be planted closer toward the top of the berm surrounding the wet basin in order to ensure their survival. 3. Twelve (12) additional native woody shrubs shall be planted along the westerly perimeter of the wet basin in order to provide enhanced wildlife cover and screening. 4. Pursuant to the modification and expansion of the proposed stormwater detention basin, an expanded native planting plan shall be prepared by a professional wetland scientist and submitted to the Commission or its Administrator for review and approval. This new expanded planting plan should include the twelve (12) additional native woody shrubs as required by Special Condition # 3 and should account for Special Condition # 2 as well. Maxner reports that she visited the site and took photos of the areas pertaining to the Order of Conditions. She reports that the plantings referred to in special condition #3 were done. She notes that the original NOI called for 55 shrubs at the bottom of the basin, however the developer reported that he has never seen water ponding in the basin, even with the large March rains. Lang asks if the area is a wet basin. Maxner explains that it is considered a wet basin but the contractor said that he has not seen much standing water. She explains that it was built to specification. Lang asks if the plantings are wetland species. Maxner confirms that they are and she would concur that they may have survived if there was enough water. Lang notes that if the control structure is not adequately elevated then it is not going to work as planned and suggests that Mr. Carnevale come to the next meeting on July 6, 2010 to discuss the matter. There being no further questions or comments regarding this matter, this evening, Johnson moves to continue the matter to July 6,2010. Paluzzi seconds the motion. The motion carries 5-0. ReQuest for Determination of Applicabilitv New: 4 Gavin Circle - Patio and Floatin2 Dock - Jonathan and Joan Perry Jonathan and Joan Perry are present. Maxner reads legal notice. Mr. Perry addresses the Commission and explains that they are proposing a small project outside of their back door, which involves the installation of a patio in the buffer zone and a floating dock and stairs within the pond. He explains that they intend to help the pond and notes that they often use Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 3 of 15 the pond for swimming and ice-skating, by installing stone in the ground to make a path to the pond and protect the bank. He asked the Commission for suggestions on how to proceed. Lang explains that procedurally the Perry's application is incomplete and explains the process. He explains that the Commission needs a plan view of what the applicants want to do. Mrs. Perry states that Maxner advised them to seek the advice of a wetlands scientist and they found that the cost do draw a plan for this small project would cost more than they expect to spend for the work that they want to do. Lang notes that a floating dock is not an RDA process and the applicants should file a Notice of Intent. It was also noted that the process might require a Chapter 91 license. He also states that he thinks that the plan is may be approvable with a waiver for the activity in the 25' No Disturb Zone, but a waiver usually requires some sort of mitigation in exchange and he does not see this addressed in this application. Lang recommends that they address the waiver requirements in time for the net meeting. Discussion ensues regarding some options for the Perry's to pursue. Lang suggests that they use the plot plan for their property and add what they want to do on the plot plan. Squibb explains that they can get their plot plan at the Registry of Deeds. Maxner suggests working with the Engineering Department to generate an aerial plan. There being no further questions or comments regarding this matter, this evening, Paluzzi moves to continue the matter to July 6,2010. Johnson seconds the motion. The motion carries 5-0. Cademartori arrives. Recess for Public Hearin2s Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6-0. Notice of Intent Cont: 16B Bavview Avenue - DEP File # 5-1024 Map 13 Lot 202B - Elmtop Realtv Trust Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that they have submitted revised plan based on the suggestions made by the Commission at the last meeting. He explains that the fence that they are proposing will connect S-N and they are eliminating 175 feet offence E-W. He notes that they will be extending the fence to the brink of the slope on both sides and are adding an additional 150 feet ofplantings as described in note number 12 on the revised plan dated 6/14/10. He notes that the 150 square feet of new buffer plantings borrow from the specie list for the bank. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 4 of 15 Lang asks how the bank plantings are doing now. Griffin explains that they are keeping an eye on it noting that the warm weather has helped with plant propagation and is exhibiting good growth. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 6-0. Cont: 14 Fosters Point - Deck. Stairs. Pier. and Other Associated Appurtenances - C. Edward GU2ler Maxner notes that she does not see the applicant present at this time and suggests that the Commission move forward with the agenda and come back to this matter later in the evening when the applicant is present. Cont: 40 & 100 Sam Fonzo Drive - Fonzo Realtv II c/o Salvatore Fonzo. Trustee Peter Ogren is present for the applicant. Maxner explains that the Planning Board is opening their hearing for Site Plan Review and a Special Permit this evening. Ogren addresses the Commission and explains that the Commission visited the site last night. He reports that staining from leeching of heavy metals and oil was observed out of the fenced area where the dumpsters are located heading straight for the wetland. He explains that he contacted Aero Manufacturing and they told him that the containers are supposed to be watertight containers and they will contact the vendor and have them replaced. Ogren explains the site and notes that there is an abundance of parking on the site noting that the applicant would be willing to defer full construction of about 62 parking spaces. He explains that the Planning Board would not want the variance to be permanent anticipating future uses of the site. Ogren explains that they would bring the area up to grade and plant grass. He suggests that they would take a condition regarding this if the Commission sees fit. Cademartori asks if they would still install curbing to help collect water in that area. Ogren explains that it could be a stipulation. He explains that they could use a continuous cape cod berm or granite block along the whole back section of the property. Squibb asks for clarification on the watertight dumpsters. Ogren explains that according to Valerie Stevens at Aero Manufacturing they ordered watertight containers. Squibb suggests that enclosing the dumpsters with a roof would work as well. Lang agrees noting that a lot of facilities put a roof over the top of the dumpster. Cademartori asks if test pits were done for the infiltration area. Ogren explains that they are hoping to determine the leeching field area without having to dig up the area. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 5 of 15 Ogren suggests that he get the specifications for the proposed solution to the leeching metals and oils on the site from Aero and continue the matter to the next meeting on July 6,2010. There being no further questions or comments regarding this matter, this evening, Paluzzi moves to continue the matter to July 6,2010. Squibb seconds the motion. The motion carries 6-0. Cont: 14 Fosters Point - Deck. Stairs. Pier. and Other Associated Appurtenances - C. Edward GU2ler David Lang recused himself from discussion of this matter. Edward Gugler is present. Maxner reads letter from Dave Morin, an Engineer from Neve-Morin addressing the alternatives analysis for the site as required by the Riverfront Protection Act. Maxner reviews Chapter 91 regulations regarding the 25-foot setback requirement and informs Mr. Gugler that he has to try to achieve that. She recommends that the Commission continue the matter to the July 6, 2010 meeting to allow Mr. Gugler to take a look at revising the plan. Mr. Gugler reports that Mr. Morin was hoping that the Commission would close the hearing and issue an Order of Conditions so that they could move forward with filing for a Chapter 91 License, noting that the Chapter 91 process can take nine months. He suggests that if changes are required as a result of the Chapter 91 process they could come back to the Commission for a modification of the plan. Maxner suggests that they contact Chapter 91 for a preliminary review of their plans. Cademartori notes that if they are agreeing that they will come back to the Commission if changes are required then it doesn't make any difference and it is fine to close the hearing tonight. He notes that if there are no changes to the plans as a result of the Chapter 91 review then the applicant would not have to come back to the Commission. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Squibb notes that there are old timbers within the marsh that need to be removed from the site. Gugler agrees to remove the timbers. Paluzzi asks if the width of the deck stairs could be reduced to half. Gugler states that would be fine with him. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Squibb seconds the motion. The motion carries 5-0. Lang returns to the meeting. New: 875 Hale Street - Montrose School Park. LLC c/o Svmes Associates. Inc. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 6 of 15 Maxner addresses those in attendance at the meeting and notes that she tries to estimate when a matter will be heard on an agenda and she told some residents that this matter would probably not be heard until 8:30 p.m., however the Commission is ahead of that schedule and apologized if some residents are not in attendance at this time. Maxner reads legal notice. Peter Ogren is present for the applicant. Ogren addresses the Commission and explains that the project involves construction of a 6-lot subdivision roadway, drainage, utilities and 6 new houses, 3 of which are within the Buffer Zone. He explains the location of the houses and notes that an existing dwelling on the site will be demolished to accommodate the new road. He also notes that this is not necessarily the plan that will move forward, noting that the neighbors and Planning Board are more interested in a more compact development. Ogren also explains that they have submitted an additional OSRD conceptual subdivision plan to the Planning Board tonight for their review. Ogren explains the drainage system proposed for the site. He explains that the infitrator is a fiberglass unit put in the ground with stones around it and water is piped in and caught at first flush. He explains the storage capacity and notes that the maintenance of the unit will eventually be the responsibility of the homeowners association. Squibb asks if there will be a cost for the maintenance of the units. Ogren explains that they will have to be pumped out with a vacuum truck, estimating that it might be twice a year the first year and then twice yearly inspections and cleanings as necessary. Maxner asks if there were test pits done on the site. Ogren explains that the findings of them are included in the application package. Cademartori asks if they did a test pit in every location that they propose to build an infiltration unit. Ogren states that they did explaining that in general there are good soils in the A and B layers. He also explains that the groundwater depth was 80 inches, noting that the elevations vary a little and as he expected there are generally pervious soils on the site. Squibb asks when the holes were dug. Ogren states that they were done on May 11, 2010. Johnson states that he is concerned about this layout noting that there is a fairly steep drop off and he wants to be certain that nothing from this project will increase the water runoff in the area. Cademartori asks what type of event will cause the infiltration system to surcharge. Ogren states that he would have to look at that. Cademartori states that it looks to him that it is designed for a 10- year storm, noting that there is some discharge that comes on land now. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 7 of 15 Lang questions the Hantush Groundwater modeling calculations. Discussion ensues regarding these calculations and their implications. Lang suggests that the Commission hire someone with more technical expertise to review the proposal for stormwater management on the site. Members agree. Ogren states that he will provide a table of elevations. Maxner asks if the house shown on the plan is in the 25' NDZ. Ogren states that the digging of the footings will put the work in the 25' NDZ. Lang opens the hearing up for public comment at this time. Bob Lewis of 903 Hale Street addresses the Commission and expresses his concern about the location of the last hole that was dug on the site. Ogren explains the location of the infiltration device and notes the symbols on the plan. He also notes that they will not be drilling for excavation. Lewis asks if trees that are going to be removed are shown on the plan. Ogren notes the area on the plan. Lewis states that he is concerned that a significant amount of trees will be removed from the site and questions if the Commission would approve the removal of so many trees. Lewis shows the Commission photos that he put together for their consideration. He notes that the flooding in the area has been better due to work that the city has done to alleviate it but they still have a long way to go as evidenced in the photos. He asks that the Commission consider hiring an independent consultant to review the plan. He also requests that no building take place within the 100-foot buffer zone. Albert Brown of 903R Hale Street addresses the Commission and expressed his concern about the water table in his yard, noting that he has lost three major trees in his yard, which have been impacted gradually by high groundwater. He also states that he agrees that a review by an independent consultant is warranted. Mrs. Metcalf of 894 Hale Street addresses the Commission and expresses her concern about the stream that flows under the Hale Street and wanted the Commission to be aware of it. Lang agrees that the Commission would benefit from the review of an independent consultant. Rene Mary of274 Hale Street addresses the Commission and states that the storms oflate have been protracted and heavy rain and questions what will happen if we have a 100-year storm. She states that it should be taken into consideration. Maxner suggests that the Commission schedule a site visit. The Commission will visit the site on June 28,2010 at 5:30 p.m. Cademartori requests that the corners of the homes and road centerline be staked out. Ogren agrees that they can do that. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 8 of 15 There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to July 6,2010, pending a site visit on June 28,2010 at 5:30 p.m. Johnson seconds the motion. The motion carries 6-0. New: Thissell Street - U p2rade of Gas Main. Install - New 2 Inch Plastic Pipe - National Grid. USA Maxner reads legal notice. Mark Ferrelli is present representing National Grid. Ferrelli addressed the Commission and explains that they are proposing to replace an existing 2- inch steel gas pipeline, which was installed in 1931, with a 2-inch plastic pipe. He explains the plans and the area where the work is to be done. Maxner expresses concern about work running into the shoulder of the road and erosion control measures for the site. Ferrelli explains that they will install erosion control and explains that he does not expect to impact the shoulder of the road but they would like to leave open the ability to go around the shoulder to avoid blasting. He notes that they are confident that they will find a trench satisfactory in size to install the pipe. Lang opens the hearing up for public comment at this time. There is no one present at the meeting who wishes to comment on this matter. Lang requests that National Grid keep Maxner appraised during construction. Ferrelli states that this is slated for construction in 2011. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 6-0. New: 3 Greenwood Avenue - Complete Septic Svstem and Plantin2s - Nikita Paras Maxner reads legal notice. Bill Manuell is present for the applicant. Manuell addresses the Commission and explains that the Commission issued an Order of Conditions to construct a portion of a new house, septic system and a leeching field within the 100- Foot Buffer Zone to BVW. He explains that there were issues with erosion control on the site throughout constructions and the Commission issued an Enforcement Order to the foreclosing bank, which they complied with and installed erosion control on the site and requested to extend the Order of Conditions which was denied by the Commission. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 9 of 15 Manuell explains that Mr. Paras is filing for a new Order of Conditions to complete the work on the site and install a leeching field, concrete retaining wall, and complete minimal grading on the site. Manuell reviews the plans and notes that the site conditions have not changed enough to make him rethink the plan and the work proposed is compliant with the 25' NDZ. He also notes that the erosion control noted on the plan will be the limit of work line. Lang asks the members of the Commission if they wish to visit the site. Johnson and Paluzzi agree. Lang opens the hearing up for public comment at this time. Mike Otis of 1 Greenwood Avenue addresses the Commission and expresses his concern that he is not so confident that this site will not present additional flooding problems for his property. He also notes that a variance issued by the ZBA calls for a hedgerow to be planted along the entire south border of the property. He states that he would like to see this done, as it would help mitigate any damage that was done. Jennifer Otis of 1 Greenwood Avenue addresses the Commission and questions where the leeching field is on his property. Manuell reviews the location of the leeching fields on the site, noting that the Board of Health has approved this system. Mr. Otis questions how a Conservation Commission decision could be appealed. Lang explains that they could appeal it to DEP under the Act or to Superior Court under the Ordinance. Maxner notes that this is a complicated site with difficult issues but she has a plethora of special conditions to recommend for the site this time around. Squibb asks if the leeching fields flow together. Manuell explains that there is a diversion box that splits. Squibb requests that the 25' NDZ be put on the plans and asks that the wall be staked out on the site for the visit. Maxner asks if there are any details available on the wall. Manuell states that the wall is to be designed by others. Mr. Otis asks if the Commission would condition the planting of the hedgerow. Manuell states that they would have no problem with that. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to July 6,2010, pending a site visit on June 28,2010 at 6:30 p.m. Squibb seconds the motion. The motion carries 6-0. New: 41 Prince Street - Jeffrev F. & Christopher H. Mansfield- Abbreviated Notice of Resource Area Delineation Maxner reads legal notice. Jesse Blanchette is present for the applicant. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 10 of 15 Blanchette addresses the Commission and explains that they are asking the Commission to verify and affirm the resource areas on site, which include Coastal Beach, Coastal Bank, Land Subject to Coastal Storm Flowage and 100-Foot Buffer Zone. He explains the plans to the Commission. Lang suggests that the Commission visit the site. Members agree. 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 continue the public hearing to July 6,2010, pending a site visit on June 28,2010 at 7:00 p.m. Glidden seconds the motion. The motion carries 6-0. Carry over from Mav 25. 2010 Meetin2: 400 Hale Street - Endicott Colle2e c/o Richard Wvlie. President -Reopen Public Hearin2 to Address DEP Comments Issued on the Project Joe Orzel and Dennis Monaco are present for the applicant. Maxner explains that at the last meeting the public hearing for this application was closed by the Commission with the understanding that it may be reopened ifDEP has any comments regarding the project. She explains that DEP has issued comments and Mr. Orzel is here this evening to discuss them with the Commission. Paluzzi moves to reopen the public hearing for 400 Hale Street - Endicott College, which was closed on May 25,2010. Cademartori seconds the motion. The motion carries 6-0. Orzel addresses the Commission and explains that DEP issued several comments regarding the project and they have addressed them in a letter submitted to the Commission dated June 15,2010. Orzel reviews the letter, which includes the comments made by DEP and their responses to them as follows: 1. What is causing the erosion of the bank? Orzel reports that this was discussed briefly at the meeting. He believes that the erosion is related to the high organic content in the bank soil. Although organic matter generally helps to bind soil, the organic soil at the site stays saturated above the water line elevation. When combined to relatively weak root structure in many locations (due to having closely mowed lawn to the waters edge), the saturated soil tends to collapse into the pond. He also believes that frost action during the winter months is a contributing factor to the erosion. He further states that this is not a situation where the bank is eroding rapidly. It has apparently been a slow and steady process that has been occurring over many years. However, the erosion is now reaching a point where the land elevation is increasing and sloping somewhat more steeply away from the pond, resulting in the potential for greater erosion, as the eroding bank gets higher. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 11 of 15 2. Backfilling behind the coir logs may result in erosion into the pond. Mass DEP recommends jute or coconut matting above the coir logs. Orzel states that the option was considered when preparing the bank restoration protocol but he decided it was probably not necessary based on the limited amount of soil disturbance anticipated above the bank, and the slopes not being so severe. He also notes that if the Commission wishes that additional soil stabilization be provided, the applicant is willing to install sod in those areas where lawn will continue to exist to the waters edge, and install a lightweight jute or coconut fiber mat in the remaining areas to be planted with native vegetation. 3. What time of year the work will be conducted Orzel explains that the work is proposed to take place during the summer, beginning in early July 2010. 4. Alteration of greater than 50 linear feet of bank requires a simplified habitat evaluation. Orzel states that in some instances where the work qualifies as a "limited project" the Commission has the discretion not to require a habitat evaluation. In this project the bank stabilization/restoration work is being done solely to improve the functions of the bank. None of the bank work is necessary to complete the other segments of the project. Orzel explains that because of this he believes that the bank restoration work qualifies under 310 CMR 10:53(4) (as noted in NOI on Form 3). He explains the regulation and notes that he has gone through and completed the habitat evaluation form to be sure that there were no red flag issues, and can report that if the Commission should determine that a habitat evaluation is needed, he can certify that the project will not, following two growing seasons after project completion and thereafter, substantially reduce its capacity to provide important wildlife habitat functions. 5. The applicant did not sign the NOI. Orzel explains that he signed the NOI as the applicant's representative. The applicant did not sign the NOI, but will sign the original if the Commission wishes. Johnson asks if there is fish in the pond. Orzel states that there are fish in the pond but not a significant habitat. Maxner states that she will revise the Order of Conditions to reflect the new information provided. Cademartori suggests that it be recognized in the findings section of the Order that the habitat evaluation was submitted. Maxner reviews the Order of Conditions with the Commission. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 12 of 15 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, Cademartori moves to close the public hearing. Paluzzi seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS New: 11 Cabot Street - Old Ferrv Landin2/ Glovers Wharf - DEP File #5-881- ReQuest for Extension - Citv of Beverlv Susan St. Pierre of Vine Associates and David Suminsby of the Beverly Harbor Management Authority are present for the City of Beverly. St. Pierre addresses the Commission and explains that the Commission extended this Order under the Act and the Ordinance for 2 years and it is due to expire on July 26,2010. She explains that under the Ordinance, the Order cannot be extended any longer, and the City is therefore asking for a 3-year extension to the Order under the Act and asking if the Commission would waive the Ordinance prohibition. She suggests that if the Commission cannot waive the Ordinance prohibition would they permit the remaining work under an RDA. Maxner states that she does not believe that the Commission has the ability to waive the Ordinance prohibition as no such language/provision in the Ordinance. Johnson suggests that at some point the Commission should take a look at that to allow for extenuating circumstances. Cademartori reviews the Ordinance and Regulations and suggests that the Order be modified pursuant to Section 24.6 D. and Regulations Section VIII. C. Discussion ensues regarding the option for modifying the Order. St. Pierre explains that the city hopes to fund the remaining work to complete the work within a couple of years. She reviews the work that has been completed on the site. She notes that the sheet pile wall is 80% complete and they expect construction on the recreational marina to be completed by September. Paluzzi moves to extend and modify the Order of Conditions for three years with an expiration date of July 26, 2013. Johnson seconds the motion. The motion carries 6-0. New: 8 Elm Top Lane. DEP File #5-1003 - ReQuest for Minor Modification - Susan E2an Bill McDonough and Susan Egan are present for the applicant. McDonough addresses the Commission and explains that the Order governed the installation of an enclosed lap pool, spa and associated patio, a portion of which fell within the 25' NDZ to Coastal Bank. He notes that they have made changes to the design, which moves the pool and patio farther away from the Coastal Bank and out of the 25' NDZ. He further notes that they are also requesting that Special Condition #2 be eliminated which required an additional 100 square feet of Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 13 of 15 enhancement plantings within lawn area immediate adjacent to the 25' NDZ as mitigation for incursion of the patio into the NDZ. Members review the revised plan. Maxner notes that a drywell was proposed in the original plan and questions if they still plan to install it. McDonough states that it is not necessary because discharge will be diverted beyond the 100-foot buffer zone to a rip-rap area. There being no further questions or comments regarding this matter, Johnson moves to issue a minor modification for 8 Elm Top Lane, DEP File #5-1003 eliminating Special Condition #2. Paluzzi seconds the motion. The motion carries 6-0. New: 1 Lake Shore Avenue - OSRD Site Plan Review - Plannin2 Board ReQuest for Comments Maxner notes that the preferred plan has been reviewed by the Commission on a previous occasion during the initial review period and reminds the Commission of its comments in its first letter. She notes that the preferred plan is the same as that presented prior, and it appears that the applicant is still requesting a waiver from the perimeter buffer under the OSRD, noting that they will be doing some grading within the 100-foot buffer zone. She also notes that the other conceptual plan show that houses can be placed on site without the need to disturb the 100' Buffer. Discussion ensues regarding the preferred plan and past conceptual plan. The Commission reviews its prior comment letter and discusses content for the new letter. Cademartori suggests that they do their best to stay out of the buffer zone. Members agree and ask Maxner to place a comment to that affect in the letter. Maxner agrees. New: 40 & 100 Sam Fonzo Drive - Site Plan Review & Special Permit - Plannin2 Board ReQuest for Comments Maxner reviews the comment letter prepared for submission to the Planning Board. Members review the letter and ask that Maxner place the issue of dumpster management in the comments. Maxner agrees. ReQuest to Extend Order of Conditions. DEP File #5-949 - Sam Fonzo Drive - Ron Vitale Maxner explains that the applicant is requesting a two-year extension on the Order of Conditions issued for the construction of contractor condo units. Cademartori asks if site conditions are stable as he recalls driving by seeing large amounts of stockpiled fill on site. Maxner states that she has not visited the site for a couple of months, but she remembers the erosion control being installed properly. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 14 of 15 Lang suggests that the matter be continued to the next meeting on July 6, 2010 and that the Commission take a look at the site. Members agree. Johnson moves to continue to the July 6th meeting. Cademartori seconds the motion. The motion carries 6-0. Approval of Expenses Maxner requests that the Commission approve an expenditure of $214.00 for Colonial Press to print 20 books of wetlands permit fee receipts. She notes that the 20 books should last 5-6 years. Paluzzi moves to approve the expenditure of $214.00 to Colonial Press the printing of Wetland Permit Fee Receipts. Johnson seconds the motion. The motion carries 6-0. Maxner requests that the Commission approve an expenditure of$471.50 to Attorney George Hall for the review of the materials for the Conservation Restriction for Chapman's CornerlManor Homes at Whitehall. Johnson moves to approve the expenditure of$471.50 to Attorney George Hall. Cademartori seconds the motion. The motion carries 6-0. Orders of Conditions 16B Bavview Avenue - Elm Top Realtv Trust c/o Robert & Michael Hubbard Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions. Johnson seconds the motion. The motion carries 6-0. 14 Fosters Point -CO Edward GU2ler Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Any changes made to the plan as a result of Chapter 91 review or other changes made by the applicant on any element of the approved plan shall be submitted to the Conservation Commission for review and approval. 2. As agreed to by the applicant at the June 15,2010 hearing, the proposed staircase off the proposed deck shall be shrunk in size to 12 feet in width total. 3. The remnant timbers located within the Salt Marsh shall be removed and properly disposed of off site. Johnson seconds the motion. The motion carries 5-0-1 with Lang abstaining. Thissell Street - National Grid Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The proposed hay bales on the westerly side of Thissell Street shall be installed as close to the edge of the paved right of way as possible. Beverly Conservation Commission Meeting Minutes - June 15, 2010 Page 15 of 15 2. The Conservation Administrator shall be contacted if the method of installation of the pipeline under the railroad tracks changes due to unforeseen subsurface conditions. 3. The Conservation Administrator shall be contacted if the method of installation of the pipeline within the paved roadway changes or moves outside of the paved roadway due to unforeseen subsurface conditions. Squibb seconds the motion. The motion carries 6-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on April 13, 2010 were presented for approval. Johnson moves to approve the minutes as amended. Paluzzi seconds the motion. The motion carries 6-0. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Squibb seconds the motion. The motion carries 6-0. The meeting adjourns at 10:30 p.m.