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1997-09-30BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING SEPTEMBER 30, 1997 A regular meeting of the Beverly Conservation Commission was held on September 30, 1997 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Vice-ChairmanTony Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy, Patricia Grimes. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. Meeting called to order by Vice-Chairman Paluzzi at 7:00 p.m. Request for Determination of Applicabilities: Continuation: 1 Sunday Drive/tree removal/Michael McNiff Pat Grimes recused herself from discussion of this matter. Michael McNiff addressed the Commission and stated that he is seeking permission to remove two large coniferous pine trees on this property because of the potential danger. Mr. McNiff stated that the future occupant for which the house is being built for is here tonight along with his Attorney, Stephen Maio. Mr. McNiff explained that they would like to remove the two large pine trees for safety reasons because branches have already fallen down, that they would have the trees taken down by a professional company who would cut the limbs and place them to the side, kave them hauled off site and then grind the stumps. Mr. McNiff stated that the trees are not in the no cut zone, that they provide no screening and that the process would be done in a timely, safe fashion. Debbie Hurlburt read a letter from Mr. MacLean dated 9/29/97. (On File) Debbie Hurlburt read a letter from City of Beverly Landscaper Phil Klemowitz dated 9/26/97. (On File) Tony Paluzzi asked if the owner is willing to replace the two trees with two trees each for the trees removed. Attorney Maio addressed the Commission and stated that this is not an agreement that they have with the builder, but that his client does intend to plant some trees in the rear of the property for screening reason at a later date when more money is available. Attorney Maio asked the Commission if they would consider not making this a condition. Attorney Maio further stated that the trees are a major safety concern, that one is leaning toward the house and that it would crush a portion of the property if it falls and noted that there is no greenery until 40' into the air. Jay Donnelly stated that the Commission would have to determine whether cutting the trees down is a wetland concern, and that he is concerned with the tree roots and would cutting the trees down allow for more run-off and erosion. Jon Mazuy asked if the trees are clearly in the buffer zone. Debbie Hurlburr responded yes. Dr. Johnson asked Attorney Maio if it is his position that if other trees fall and cause damage would you assume them hazardous. Attorney Maio responded no. Dr. Johnson asked if Mr. Klemowitz viewed the site. Attorney Maio stated yes. There being no further questions or comments regarding this matter, a motion was made by Jay Donnelly that the trees to be removed are replaced with two each 4" ca]iper white pine trees, that the planting is done within one year, that the roots are not to be removed and the stumps are to be ground down, seconded by Jon Mazuy and approved unanimously. Pat Grimes returned to the meeting at this time. A motion was made by Jon Mazuy to recess for the purpose of holding public hearings, seconded by Dr. Johnson and approved unanimously. Public Hearinqs_.' Continuation of Public Hearinq: Virqinia Avenue Extension/house construction for lots 1-5/Curtis aones Sally Newman of Wetland Preservation Inc. addressed the Commission and reviewed the planting schedule and stated that a dewatering detail has been submitted. Ms. Newman reviewed the lot development; specifically, the off site wetland. Ms. Newman stated that the pools have been removed and that a sump pump system has been provided in the cellars to pump out the water that gets in. Jay Donnelly asked if the generators were inside the homes. Ms. Newman stated yes, emergency generators. Jay Donnel!y asked if it is legal to keep gasoline generators in the home. Ms. Newman stated that she thinks so. Debbie Hurlburt stated that the Commission could check with the Fire Department. 2 Debbie Hurlburt asked how close to the boundary of the resource area are the decks. Ms. Newman stated that they are close, that they are approximately 7.365 feet in one location. Ms. Newman stated that they are willing to put in a buffer zone which would act as a boundary marker with the plants as well as being subject to the Commission's approval. Jay Donnelly stated that a natural growing hedge would be good to use. Tony Paluzzi asked if Lot #1's deck is 5' from the resource area. Jon Mazuy stated yes. Tony Paluzzi asked where the water goes after i~ is pumped into the dry well. Ms. Newman explained that the water will seep back into the ground. Dr. Johnson asked how far should the p~unp be from the dry well. Ms. Newman stated 10-15 feet. Tony Paluzzi asked if anyone from the public wished to speak. There were none. There being no further a motion was made by Virginia Avenue Lot unanimously. questions or comments regarding this matter, Jon Mazuy to close the Public Hearing for #1, seconded by Pat Grimes and approved A motion was made by Jon Mazuy to close the Public Hearing for Virginia Avenue Lot #2, seconded by Pat Grimes and approved unanimously. A motion was made by Virginia Avenue Lot unanimously. Jon Mazuy to close the Public Hearing for #3, seconded by Pat Grimes and approved A motion was made by Jon Mazuy to close the Public Hearing for Virginia Avenue Lot #4, seconded by Pat Grimes and approved unanimously. A motion was made by Jon Mazuy to close the Public Hearing for Virginia Avenue Lot #5, seconded by Pat Grimes and approved unanimously. Continuation o~ Public Hearinq: dredqinq/jubilee Yacht Club 16 Maple Avenue/maintenance George Whitney from the Jubilee Yacht Club addressed the Commission and updated the menLbers regarding maintenance dredging. 3 Mr. Whitney explained that they would like to restore the area to its original condition during the 1960's 1970's. Mr. Whitney explained that they would be dredging 2,000 cubic yards of sand and silt and bring it to a dumping ground at sea. Mr. Whitney stated that there are a number of agencies involved including: - The Army Corps. - DEP Wetlands - DEP Waterways - the Harbor Master Tony Paluzzi asked if all other permits have been applied for. Mr. Whitney responded yes. Jon Mazuy asked when do you expect to do this procedure. Mr. Whitney stated that they would like to get it done before the early part of December. Jon Mazuy asked how long it would take. Mr. Whitney stated three days at the most. Jay Donnelly asked if the sand could be moved back to where it came from. Mr. Whitney explained that it is a lot cheaper to do it tt~is way but that there are other regulations which prohibits this. Jay Donnelly asked if a piling system could be designed to keep the sand from coming back so this process won't have to be done again. Mr. Whitney stated that it has not been considered. Tony Paluzzi asked how the sand will be taken out. Mr. Whitney explained that a barge with a crane on it will be used and that the sand will be brought to a dumping ground at sea. Tony Palu~zi asked if anyone from the public wished to speak. There were none. There being no furtherquestions or comments regarding this matter, a motion was made by Jon Mazuy to close the Public Hearing on 16 Maple Avenue, seconded by Jay Donnelly and approved unanimously. Continuation of Public Hearinq: Old Essex Road/house Construction/ gob Nelson Debbie Hurlbutt read a letter from Robert Nelson dated 9/30/97 requesting an extension for a decision on the Old Essex Road Notice of Intent. The extension is to the Commission's meeting scheduled for October 22, 1997. 4 Richard Benevento joins the meeting at this time (8:00 p.m.). There being no further questionS or comments regarding this matter, a motion was made by Jon Mazuy to continue the Public Hearing on Old Essex Road to the Commission's next meeting scheduled for October 22, 1997, seconded by Jay Donnelly and approved unanimously. Continuation of Public Hearinq: 181 Elliot St./repairs to embankment, removal of accumulated silt/Cumminqs Properties Mr. John Dick of Hancock Environmental addressed the Commission, passed out and reviewed a site plan with revised spot elevations of the pond and the area of the proposed fill. Mr. Dick stated that the plan also shows the depths of the mud. Mr. Dick stated that they do not want a dredging plan based on Mean Low Water. Mr. Dick explained that they want to remove piles of sand and silt from the City drains and bring it back to the existing bank or rake it with a bucket back to the shore. Mr. Dick stated that the sand is fine, the silt is wet and that a lot of dewatering would have to be done. Mr. Dick stated that what they propose to do is remove a small amount of water just below water level, make repairs to the embankment with the fill and plant in the Spring by hand planting the plants into the mud. Jay Donnelly asked why are you proposing to do this. Mr. Dick stated basically because it would make the area look better for the proposed use of the site. Pat Grimes asked if small portions would be racked back to the sand bank. Mr. Dick explained that they would remove just below the surface. Pat Grimes asked what would prevent the build up again. Mr. Dick responded nothing. Pat Grimes asked if they would be planting in the Spring. Mr. Dick stated yes. Pat Grimes asked what happens when the sand does build up again. Mr. Dick stated after the plants come up that they would probably have to come back and do it again. Pat Grimes asked if the sheet pile bulkhead would stay there. Mr. Dick stated yes. Pat Grimes asked if they intend to rip rap both sides of the pond. Mr. Dick responded yes. Pat Grimes asked what they intend to do about the portion of the parking lot that is eroding. Mr. Dick stated that most of the parking lot is stable but will pave the eroded sections. Richard Benevento asked where the source of from. Mr. Dick stated from the street basins, the railroad system. the silt is coming the parking lot and Richard Benevento asked installed in the sand bar. be staked in the water. if siltation booms are going to be Mr. Dick stated yes, silt fencing will Jay Donnelly asked if they would be using burlap. Mr. Dick responded that they could. Tony Paluzzi asked if anyone from the public wished to speak. Councilor Joyce Golin addressed the Commission and stated as an awareness issue/buffering issue that the neighbors are concerned with the replacement of the trees and shrubs that were taken out along Kay Street, by the lower part of the parking lot because they served as a block from the view of the parking lot and lights and asked how much further would they be going. Rene Mary of 274 Hale Street stated that it is nicer to see trees. Mr. Dick stated that the trees gone won't be replaced. Rene Mary asked why not. Mr. Dick explained that the area is 22' and narrowing down. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the Public Hearing on 181 Elliot Street, seconded by Dr. Johnson and approved unanimously. New Public Hearinq: LP Henderson Road/construction of mini storaqe facility/T Ford Tom Ford addressed the Commission history of the site noting that housing. and reviewed the location and it was once used for military Mr. Ford stated that what he proposes to do is remove the two buildings that currently exist on the site, use the existing foundation and construct five new buildings for a mini storage facility. 6 Mr. Ford explained that there is a communal septic system on the property and that he will have the existing environmental problem zemoved from the ground. Mr. John Dick of Hancock Environmental addressed the Commission and reviewed the wetlands on the property noting that Wetland A has a large chain link fence delineated and that Wetland B is outside the lease hold, beyond the existing. facility. Mr. Dick stated that no wetlands will be impacted and that filling is necessary. Mr. Dick stated that they are proposing to do a lot of wetland alterations on the site and noted that they would be working within the buffer zone. Mr. Dick explained that a long narrow swale/ trench exists to accommodate drainage and that they are proposing to continue that basin for storm water management purposes, and that they are proposing to schedule sweepings of the site and to have the sumps cleaned out when necessary. Mr. Dick explained that the site is relatively flat, that there is not a drainage system and what they are attempting to do is bring the water by each side of the building. Mr. Dick reviewed the drainage plan and stated that there would not be a lot of construction taking place &nd that it is a relatively benign use of the site. Jay Donnelly asked how ~e ~mhankment will be built minimize erosion. Mr. Dick explained that they will fence al! the way around the perimeter of the site. in order to run a silt Jay Donnelly asked if they intend to seed and mulch the proposed ~lope ~mhankment. Mr. Dick explained that the slope is not proposed to be a mowed slope but rather a 3-1 dense tall grass slope. Pat Grimes asked Mr. Dick stated won't stay bear. if the areas around the slope would be seeded. that any area where a retaining wall is not to Pat Grimes asked if the trench is to act as a detention pond. Mr. Dick stated yes and explained that a chain link fence exists on the lower trench. Richard Benevento stated that he is concerned with the structural stability of the slope and asked how they plan to prevent this 3-1 slope from Sloughing-off during a storm event. Mr. Dick stated that he was not sure and would have tc check. Richard Benevento stated that the Commission will need to know how they intend to stabilize the slope. Mr. Ford stated that he is comfortable with getting grass to grow on a 3-1 slope. Mr. Dick stated that they will have a picture and a letter prepared. Jay Donnelly stated that the Commission would need to see the design to be reassured that the embankment will be secured. Richard Benevento asked if they intend to wrap filter fabric along the slope. Mr. Dick stated no, but if necessary they will. Tony Paluzzi asked if anyone from the public wished to speak. Mr. Gilmore addressed the Commission and stated that he is concerned with the potential impact of the public water supply, the potential for illegal storage of hazardous materials, is concerned that Mr. Ford nor the City of Beverly can't police the area and is concerned that if a spill happens on the site that the run-off would eventually go into Wenham Lake. Mr. Gilmore also stated that the Water Board doesn't know ~about this proposal, that it should not be allowed within the watershed, and if a contamination problem happens, the results would be irreversible. Mr. Gilmore also stated that the City of Salem should be invited to the next meeting. Mr. Maestranzi addressed the Commission and stated that he was in favor of this proposal, that it would improve the property and also stated that he would like some of the same considerations. Rene Mary of 274 Hale Street addressed the Commission and showed a series of photos with the solvents on the bank and asked that the Commission find out what is ~nder review before they act on this. Mr. Ford addressed the Commission and explained that a key card to enter the site will be issued to the individual wishing to use the storage facility, that he intends to provide a dry/secured storage facility, that a camera will be on site and that the tapes will be stored for a month and that there will be a full time resident on location. Mr. Ford also stated that he too is concerned with the contaminations from the previous uses of the site and that be believes that this proposal is an upgraded use compared to its previous uses. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the Public Hearing on LP Henderson Road to the Commission's next meeting scheduled for October 22: 1997, pending a site visit to take place on Saturday, October 18, 1997 at 8:30 a.m., seconded by Jay Donnelly and approved unanimously. New Public Hearinq: garage/Charles Raymond 54 South Terrace/demolish & rebuild Ted Forbes representing Charles Raymond addressed the Commission and explained a proposal to remove the existing garage that is in deteriorating status, rebuild it and expand the workshop onto the existing concrete slab. Mr. Forbes stated that the area will be covered by a siltation fence and that architectural plans are enclosed. Jay Donnelly asked what the proposed garage will be used for. Mr. Forbes explained that Mr. Raymond is a lobsterman and that the garage would be used to repair and store equipment. Pat Grimes asked if there is any documentation from the River's Act. Debbie Hurlburt stated she placed a call to Mr. Raymond and asked him to submit the Supplemental Notice of Intent form for the River's Act, and that she doesn't think there will be a problem because DEP has issued a file number. Jon Mazuy asked if the footprint would remain the same. Mr. Forbes stated yes. Jon Mazuy asked if there is going to be an additional foundation. Mr. Forbes explained that the slab for the garage is already there end that he intends to extend the garage to the rear by connecting two strips of concrete end the roof will go over the concrete shop. Jay Donnelly asked if there would be eny changes to the grade. Mr. Forbes stated no. Tony Paluzzi asked when digging the foundation, and you hit water how will you take care of it. Mr. Forbes stated that no water is coming out of the embankment area end that there is no filtration of water from storms. Dr. Johnson stated that he would be interested in scheduling a site visit. Pat Grimes stated she too would like to take a site visit. Tony Paluzzi asked if anyone from the public wished to speak. There were none. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the Public Hearing on 54 South Terrace to the Commission's next meeting scheduled for October 22, 1997, pending a site visit on Saturday, October 18, 1997 at 9:30 a.m., seconded by Jon Mazuy and approved unanimously. 9 New Public Hearinq: 28 Paine Avenue/~ool and landscapinq/Jonathan ~ngram Mary Rimmet from Rimmer Environmental representing Jonathan Ingram addressed the Commission and stated that the property is located on Pride's Beach and that the property has two wetlands on it. Ms. Rimmer reviewed the history of the property stating that it is land subject to coastal flooding. Ms. Rimmer explained that what they propose to do is remove the existing garden shed, renovate and create a po01 house and that they will landscape the area within. Ms. Himmer explained that there is proposed grading at the rear of the house, that all construction for the pool is located approximately 38' from the wetland area, that hay bales are proposed between the grading and the wetland area and that all graded slopes will be reseeded/revegetated. Ms. Rimmer stated that Ms. Carolyn Dickenson is also present tonight for ~aestions regarding construction of the pool house and renovations. Debbie Hurlburr read a letter from John Serafini dated 9/3/97. (On File) Jon Mazuy asked how far the wetland area will be from the proposed construction. Ms. Dickenson stated 38 feet and Ms. Rimmer stated that there is limited opportunity for erosion. Dr. Johnson stated that he is concerned with the area because it is in an area that does flood and would like to do a site visit. Richard Benevento asked if any other permits are necessary. Ms. Rimmer stated no, just a building permit, and stated that her clients are eager to start while the weather is permitting. There being no further questions or comments regarding this matter, a motion was made by Pat Grimes to continue the Public Hearing on 28 Paine Avenue to the Commission's next meeting scheduled for October 22, 1997, pending a site visit on Saturday, October 18, 1997 at 10:00 a.m., seconded by Dr. Jchnson. Motion carries 4-2. (Dr. Johnson, Pat Grimes, Tony Paluzzi and Richard Benevento in favor, Jay Donnelly and Jon Mazuy opposed) N_ew Public Hearinq: No. Bass River Area/headwal! replacement/City of BeverlV Ralph Soupeeae addressed the Commission and explained a proposal for headwall replacement that would include the temporary alteration of a Bordering Vegetated Wetlands. Mr. Soupeeae 10 explained that construction of the sewers would include Trask Street, Cabot Street, Henderson Avenue and Nike Road. Mr. Soupeeae stated that construction of the water main will take place on Trask Street, that they would collect all waste water, that 8 areas are not in the buffer zone, but in the street and that they would have safe guards (ie: silt fencing). Mr. Soupeeae explained that a stone culvert is constructed underneath the sewer system, but because stone is hard to maintain they are proposing to replace the culvert with a reinforced concrete culvert. Mr. Soupeeae stated that construction will not occur until next year and that all specifications, safeguards, and dewatering control have been considered. Richard Benevento asked if they would be replacing the existing sewer. Mr. Soupeeae stated no, that the area is on a septic system and explained that the ground water is too high. Jay Donnelly stated that it is the Commission's concern to protect the adjacent wetlands. Mr. Soupeeae stated that a resident engineer will be on the site at all times. Richard Benevento stated that he wants the developers to be more proactive with the environmental safeguards. Jon Mazuy asked if this is a single bid project. stated yes. Mr. Soupeeae Jon Mazuy asked if they would be working at two locations at one time. Mr. Soupeeae stated no, one at a time. Jon Mazuy asked if all the work will be done in the public roadway. Mr. Soupeeae stated yes. Jay Doanelly asked the Environmental Consultant if he sees this project as a major risk because of the associated wetlands around it. The consultant stated no, rather a benefit. Richard Benevento asked Mr. Soupeeae to go over what the dewatering operation will involve. Mr. Soupeeae reviewed. Tony Paluzzi asked if any soil testing has been done. Mr. Soupeeae explained that borings are done every 200' - 250'. Tony Paluzzi asked if any soil tests have been done on Nike Road~ Mr. Soupeeae stated no. 11 Tony Paluzzi asked what the duration of the project will be. Mr. Soupeeae stated 8 months to complete it, but that the bulk of it will be done within 4 months. Tony Paluzzi asked what their plans are for taken care of the water. Mr. Soupeeae explained that they generally put sand bags in front of the flow and pump the water. Richard Benevento asked if any replication was necessary. Environmental Consultant stated no. The Richard Benevento asked, relative to dewatering, how was this submitted to the Conservation Commission. Frank Killilea stated shop drawings. Mr. Soupeeae stated that everything is in the specs. Tony Paluzzi asked if anyone from the public wished to speak. Rene Mary of 274 Hale Street asked if they intend to do all of Trask Street. Mr. Soupeeae stated just a portion. Rene Mary stated that Nike Road is being tested for contamination and asked how do they intend to work up there. Mr. Soupeeae explained that the testing will be done soon and that construction is not going to take place until next year. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the Public Hearing on No. Bass River Area, seconded by Richard Benevento and approved ananimously. Order of Conditions Virqinia Avenue Extension/Lots 1-5 The Commission voted to issue (1) standard conditions for Lot #1; and in addition (2) the applicant must submit a contiguous planting plan or other related plan (ie. boulder rock plan), which would act as a landscaping barrier to the Bordering Vegetated Wetland (BVW) so that the future occupants cannot encroach into the BVW. The planting plan shall indicate the species, its size and the number to be planted. If a plan is submitted utilizing boulders, then the plan shall depict the placement of the boulders, the distance between them, and the size~ This plan must be submitted and approved by the Commission prior to construction activities; (3) all drywells shall be located at a minimum of 12' from the foundation; and (4) a copy of this Order or Conditions must be attached to the deeds for the occupants to review and their information. 12 The Commission voted to issue (i) standard conditions for Lot #2; and in addition (2) the applicant must submit a contiguous planting plan or other related plan (ie. boulder rock plan), which would act as a landscaping barrier to the Bordering Vegetated Wetland (BVW) so that the future occupants cannot encroach into the BVW. The planting plan shall indicate the species, its size and the number to be planted. If a plan is submitted utilizing boulders, then the plan shall depict the placement of the boulders, the distance between them, and the size. This plan must be submitted and approved by the Commission prior to construction activities; (3) all drywells shall be located at a minimum of 12' from the foundation; and (4) a copy of this Order or Conditions must be attached to the deeds for the occupants to review and their information. ~ The Commission voted to issue (1) standard conditions for Lot #3; and in addition (2) the applicant must submit a contiguous planting plan or other related plan (ie. boulder rock plan), which would act as a landscaping barrier to the Bordering Vegetated Wetland (BVW) so that the future occupants cannot encroach into the BVW. The planting plan shall indicate the species, its size and the number to be planted. If a plan is submitted utilizing boulders, then the plan shall depict the placement of the boulders, the distance between them, and the size. This plan must be submitted and approved by the Commission prior to construction activities; (3) all drywells shall be located at a minimum of 12' from the foundation; and (4) a copy of this Order or Conditions must be attached to the deeds for the occupants to review and their information. and in addition The Commission voted to issue (1) standard conditions for Lot and in addition (2) the applicant must submit a planting plan indicating a row of indigenous species, as recommended by a nursery, that would grow to not less than 4' in height to act as a barrier on the upland side of the wetland area, north of the BVW and south of the detention pond; (3) all drywells shall be located at a minimum of i2' from the foundation; and (4) a copy of this Order of Conditions must be attached to the deeds for the occupants to review and their information. The Commission voted to issue (1) standard conditions for Lot #5; and in addition (2) the applicant must submit a planting plan indicating a row of indigenous species, as recommended by a nursery, that would grow to not less than 4' in height to act as a barrier on the upland side of the wetland area, north of the BVW and south ef the detention pond; (3) all drywells shall be located at a minimum of 12' from the foundation; and (4) a copy of this Order of Conditions must be attached to the deeds for the occupants to review and their information. 13 A motion was made by Jon Mazuy to approve Lots #2, 4 & 5 as agreed, seconded by Dr. Johnson and approved 5-1 with Richard Benevento abstaining. A motion was made by Jay Donnelly to approve the Order of Conditions for Lots #1 & 3 as agreed, seconded Dr, Johnson and approved 4-2. (Pat Grimes, Jay Donnelly, Tony Paluzzi and Dr. Johnson in favor, Jon Mazuy opposed and Richard Benevento abstaining). 16 Maple Avenue The Commission voted to issue Commission Standard Coastal conditions for this project, and in addition no work shall commence until all copies of other permits are obtained, if necessary, and submitted to the Commission. A motion was made by Jon Mazuy to approve the Order of Conditions for 16 Maple Avenue as agreed, seconded by Dr. Johnson and approved 5-1. (Pat Grimes, Jay Donnelly, Jon Mazuy, Tony Paluzzi, .Dr. Johnson in favor and Richard Benevento abstaining). 181 E1]iott Street The Commission voted to issue (1) standard conditions for this project; and in addition (2) no work shall commence until a copy of the detail for construction methods, a copy of the detail of the material to be utilized for the slope, and a copy of the planting plan are submitted to the Conservation Commission; (3) material to be removed shall be stored in the upland area for dewatering; and (4) all material to be removed from site shall be disposed of properly and legally. A motion was made by Jon Mazuy to approve the Order of Conditions for 181 Elliott Street as agreed, seconded by Pat Grimes and approved 5-1. (Jon Mazuy, Pat Grimes, Tony Paluzzi, Dr. Johnson, Jay Donnelly in favor and Richard Benevento abstaining). No. Bass River The Commission voted to issue (1) standard conditions for this project; and in addition (2) the applicant or its representative shall notify the Conservation Commission within 24 hours if any contamination or suspect materials are found within the Nike Road project area; and (3) the Conservation Commission agent shall be notified I0 days prior to the pre-construction meeting. Additionally, the Agent shall be invited to the pre-construction meeting at which time a preliminary dewatering detail shall be provided to the Commission for their approval. 14 A motion was made by Jon Mazuy to approve the Order of Conditions for No. Bass River as agreed, seconded by Jay Donnellyand approved unanimously. Certificate of Compliance 1 & 2 Sunday Drive/house construction/Michael McNiff A motion was made by Dr. Johnson to deny applicant's request for a Certificate of Compliance due to the grass not fully taking and the removal of the trees and the damage it could do to the landscaping, seconded by Jon Mazuy and approved unanimously. Foster's Street/new camp and sewer installation/Spar & Spindle A motion was made by Dr. Johnson to issue a Certificate of Compliance for Foster Street, seconded by Jon Mazuy and approved unanimously. Minutes of Meetinqs A motion was made by Jon Meeting for the August 19, and approved unanimously. Mazuy to approve the Minutes of the 1997 meeting, seconded by Jay Donnelly Old/New Business Debbie Hurlburt stated that DeLorenzo is looking for a Certificate of Compliance to be placed on the October 22, 1997 agenda. SonFronzo Drive Hurlburt state that for the Commission's information the DEP has issued a Superseding Determination of Applicability. Hurlhurt also tells the members that an environmental form for Pleasant Street is available for review. Hurlburr informed the m~mhers that the first PIP meeting is scheduled for October 1, 1997 at 7:00 p.m. Hurlburt explained that Kenneth Gelpey of Lothrop Street who filled his yard in the flood zone is back again seeking permission to file again. Adiournment A motion was made by Jon Mazuy to adjcurn the meeting, seconded by aay Donnelly and approved unanimously. Meeting is adjourned at 10:50 p.m. 15