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2012-04-24CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: April 24, 2012 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Kate Glidden, Anne Grant and Bill Squibb BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: Charlie Mann, Open Space & Recreation Committee RECORDER: Jane Dooley Lang calls the meeting to order at 7:00 p.m. at the Beverly Farms Library, 24 Vine Street, Beverly Farms, MA. Certificate of Compliance New: 171 West Street, DEP #5 -1034 — raze existing dwelling and construct a new single- family house, garage, driveway, pool and other associated appurtenances — Preston Bradford Maxner states that the Order of Conditions was issued in June 2010 regarding demolition of an existing dwelling and construction of a new single - family house, garage, driveway, pool and pool patio. Resources on the site include within 200 -Foot Riverfront Area to Chubbs Brook, Land Subject to Coastal Storm Flowage, and Buffer Zone to Bordering Vegetated Wetland and Coastal Bank. As well as landscaping including 1,925 square feet of mitigation plantings were proposed, with 38 native shrubs and 7 native trees. Bob Griffin, Griffin Engineering, representing the applicant, mentions that the redeveloped of the property includes stormwater provisions including infiltration bed underneath driveway, mitigation area along West Street that he and Maxner inspected today and all of required plants in mitigation area were installed and appear to be doing well. Griffin notes that everything is consistent with the original Order of Conditions there are not any deviations or exceptions. Maxner reports on her checking of the condition requirement that the trees are at least 2 inches in caliper and they are clump river birch that comply and plants are healthy. The 25 -foot No Disturb Zone was respected. Paluzzi moves to issue the Certificate of Compliance DEP File #5 -1034 for 171 West Street. Seconded by Grant. The motion carries 7 -0. Conservation Commission April 24, 2012 Meeting Minutes Page 2 of 14 Maxner notifies Griffin that the old Order of Conditions needs to be closed out. Griffin agrees to take care of it. Request for Determination of Applicability Cont: 32 Pickman Road — construct in- ground swimming pool, pervious paver patio & landscaping — John & Andrea Osbon Maxner notes that Ralph Sabatino representing the applicant provided a planting list for the slope. Sabatino mentions that the plan is a continuation from the Conservation Commission's site visit where it is basically the same but has been extended to include plantings along the embankment. Buchsbaum inquires about why this proposal should not be reviewed under a Notice of Intent since it has a steep slope and there is a question about the wetland boundary. Lang concurs and mentions that there is a lot of potential work in a compact area and steep bank so this type of project usually has a Notice of Intent filing where abutters are notified and more detailed information is provided. He adds that there is still a need to determine whether or not structural analysis should be done regarding pool and if the weight will have any destabilizing effect on the bank. Lang recommends Sabatino withdraw the RDA and file a NOI that delineates the edge of wetland and buffer zones, provides a specific planting plan for the slope, and more information as to the stability of the slope. Sabatino asks if a soil analysis is required. Lang responds that some level of information must be provided that ensures the work and final project will not compromise the slope to the wetland. Lang mentions that Commission is not trying to ask that the applicants spend a lot of money, but it would like a better plan with more information on planting and information from structural engineer about if pool will destabilize the bank. He notes that hill seems to have shifted over the years. Sabatino says he was trying to keep costs down but agrees to importance of a soils engineer's report and other requirements that he will comply with to take the correct steps to file a NOI. Commission notifies Sabatino of timeline for filing. Sabatino agrees to the withdrawal. Paluzzi moves to approve the withdrawal of Request for Determination of Applicability at 32 Pickman Road. Seconded by Squibb. The motion carries 7 -0. New: 4 Woodland Road — construct portion of driveway and associated grading — St. Luke's Realty Trust Maxner reads legal notice. Bob Griffin representing the applicant Mike McNiff of St. Luke's Realty Trust. Griffin explains that proposal is to build a new 28 -foot by 58 -foot single - family house in the Montserrat neighborhood. He notes that the site is hilly with ledge and the house will be outside of buffer zone and wetland resource area across the street 75 feet from construction area. Work will be done 75 feet at the closest point. Conservation Commission April 24, 2012 Meeting Minutes Page 3 of 14 Griffin notes that lot drains south so drainage will not come across road to the wetland and impact hydrology of wetland. He adds that extent of regulated work in buffer zone is the driveway entrance off of Woodland Road that is 15 feet wide and is 25 feet into buffer zone. Conventional work is downhill from the wetland and utility connection will be done overhead from adjacent house lot so no excavation will be done on Woodland Road. In response to members, Griffin explains that wetland across the street is from 2,000 to 5,000 square feet and drains towards Herrick House in the Beverly Hospital area to a retention pond at Herrick House. It was flagged in March. He also says there is frontage off of Woodland Road and there is a private way on the southwestern side of property that provides access to two existing single - family houses but access to property is via Woodland Road. Griffin says they don't expect any significant impact of blasting on hydrology of wetlands since the work is going to be done downhill of the wetlands and far away from the wetlands. If blasting is done there will be pre -blast surveys and blast monitoring using lowest charges possible, work will start off with hammering. Griffin notes that ledge would be removed in the vicinity of the house footprint and in front for drainage from house. Project design tries to minimize ledge removal. Grass lawn is behind house. Maxner reports on the site inspection she did today with Griffin to view wetland area and general site conditions. She suggests if the Commission issues a Determination it should include mention that wetland is not delineated but establishment of buffer is fairly accurate. Paluzzi moves to issue a Positive #213 Determination and Negative #3 Determination for 4 Woodland Road. Seconded by Grant. The motion carries 7 -0. Maxner refers to Precautions List provided. Paluzzi moves to amend motion to include Precautions List as Special Conditions. Seconded by Grant. The motion carries 7 -0. New: 413 Hale Street — demolish swimming pool and apron, loam and seed at Hamilton Hall — Endicott College Maxner reads legal notice. April Ferraro, with Meridian Associates, representing applicant. Ferraro explains that the property is on main Endicott College campus and there are two buildings used for student resident housing with lawn and 700 - square foot pool with patio around it and associated shed, there are stonewalls and property which lead to the beach. She explains the resources on site which include Velocity Zone, 100 -year coastal flood zone at elevation 18 which lands between the first and second wall, which pushes the top of coastal bank up to elevation 36. Ferraro mentions that project intent is to demolish swimming pool and apron, loam and seed the area of disturbance, remove fence and repair shed. She describes how filter sock would be installed around fence area at top of coastal bank and is a temporary disturbance. She notes the project will reduce the amount of impervious area in buffer zone for coastal bank. In response to Lang, she notes that there will not be any other plantings other than loam and seed. Conservation Commission April 24, 2012 Meeting Minutes Page 4 of 14 In response to members, Dennis Monaco, facilities director from Endicott College, notes that a small excavator would be used to break the bottom of pool and take it out including the apron and collapse the sidewalls and backfill. Monaco said the extended patio laid in gravel nearby pool is bluestone and that would be removed prior to demolishing pool. He notes that the shed was the pump house for the saltwater pool that has been covered for safety. Monaco explains that college decided against repairing and converting the pool to freshwater. He mentions that there is no anticipated use for 8 -foot by 12 -foot shed with wood floor and he would not object to removing it as it contains pump and pool supplies. If it were demolished it would be removed from NDZ. Lang and Maxner respond to questions from and manage meeting attendee Ethan Murray, 584 Hale Street. Paluzzi moves to issue a Negative #3 Determination with a special condition that the shed be removed from the 25' NDZ and the Agent shall inspect the installation of the erosion controls. Seconded by Buchsbaum. The motion carries 7 -0. New: 400 Hale Street — install bleachers, stairs & ramp at existing football stadium — Endicott College Maxner reads legal notice. April Ferraro, from Meridian Associates, representing applicant. Ferraro describes project is to install ramp and galvanized steel 225 -feet long by 21 -feet wide bleacher seating at football turf stadium on campus on the east side using Sonotubes for support structures. She explains that there are areas of wetland surrounding the area that were delineated by Joe Orzel and approved under previous Order of Conditions submitted for this work. Ferraro mentions that Orzel recently confirmed wetland line to be accurate. Ferraro mentions that area where seating will be installed is previously disturbed from construction of stadium, grade falls back and there is a sand filter basin installed for drainage and filtration. She adds that 12 -feet of gravel will be installed in front of the seating to provide emergency access for the length of the field. Filtering will be placed around where seating is located and seats were to have been included when the stadium was built and this seating was approved under a superseding Order of Conditions that has expired. Ferraro says they will maintain existing grading using Sonotubes with crushed stone underneath. She adds that there would not be any change to the hydrology due to the installation. In response to members, Ferraro explains that some fill would be used with the Sonotube installation, a structural engineer will pinpoint where tubes will be located to ensure they don't hit drainage piping and they will not be near riprap slope on sides. Discussion ensued about concrete being poured on site where Monaco mentioned gravel access road and logistics of working on slope. In response to inquiry from Renee Mary, Monaco explains that the access way through the stadium is different from Witch Lane. Lang and Maxner instruct Murray of 584 Hale Street on protocol for meeting attendance and ask that he keep his questions germane to these proceedings. Conservation Commission April 24, 2012 Meeting Minutes Page 5 of 14 Paluzzi moves to continue this item to the May 22 meeting pending a site visit by the Commmission scheduled for Thursday May 3 rd at 6:00 p.m. Seconded by Buchsbaum. The motion carries 7 -0. New: 302 Hale Street — construct parking lot in vicinity of Stonerike — Endicott College Lang read legal notice. Joseph Orzel, from Gulf of Maine, representing the applicant. He explains the College is proposing to construct a 200+ space parking lot at the Stoneridge area of campus. Orzel describes aerial topographic survey and contention that the work is outside the 200 -Foot Riverfront Area to Centerville Creek and the 100 -Foot Buffer Zone to Bordering Vegetated Wetland as well as the 100 -Foot Buffer Zone to a BVW and Vernal Pool. The creek and the BVW are located off site and the BVW associated with the Vernal Pool is located on site across from the access driveway as shown on the plan. He mentions that certified vernal pool has been re- delineated with flags when Montessori school was constructed and remaining flags were appropriate that he believes line up with aerial topographic survey that shows proposed work is outside of buffer zone. Orzel presents photographs to Commission and identifies stream on submitted site plan, he explains the proposed stormwater management infiltration basin. Monaco responds to Lang's inquiry about intent for parking lot when there is no building on site associated with it and says the College has been working to meet the parking requirements for Endicott's population and wants to move the parking more to the center of the campus. Lang mentions proposal and trade off for parking in habitat area of vernal pool. In response to members, Orzel says there is proposed infiltration for parking lot runoff to maintain existing groundwater and Ferraro notes that a full hydrological analysis was done and is being reviewed by Eric Barber in City's Engineering Department who has not mentioned any concerns. Lang notes concern about runoff and vernal pool area and how that could change if a parking lot is added. Ferraro concurs there could be redirection of runoff to Montessori Road and natural swale. In response to Squibb, Monaco says fill will be removed behind graduate school building. Lang suggests Commission do a site walk on May 3 rd at 6:30 p.m. Ferraro explains to abutter Barbara Amos, 280 Hale Street that proposed parking lot will be 410 feet by 180 feet. Lang concurs with Amos that he has heard about potential plans for an ice skating rink at the College possibly in the area for proposed parking lot. Discussion ensues where abutters' houses are identified and Amos mentions that when blasting was done for Montessori school there was damage to pipes from blasting and impact on quality of water in her 330 -foot Artesian well (she is going to have water tested), and that trees are weak in area that fall causing problems. Renee Little, 280 Hale Street, also an abutter expresses similar concerns to Amos as well as sloping to creek and erosion from tree removal. Discussion ensues about what Commission can observe during site walk and accuracy of Meridian Associates site plan as well as the abutters giving permission for the Commission to walk on their property. In response to abutter from 274 Hale Street, Monaco states that there would very little blasting and that proposal is just for excavating for parking lot so Dig Safe was contacted to ensure no gas lines would be hit. Monaco explains that a flow test would be done and water samples taken Conservation Commission April 24, 2012 Meeting Minutes Page 6 of 14 before and after construction to make every effort to ensure integrity of abutters' well is not compromised. Lang recommends that water be tested for chemicals in dynamite used for blasting. Discussion ensues about the College trying to conform to the City's parking requirement of 225 parking spaces with this project and that parking is going to be reduced by 14 spaces due to a new building to be built on the campus. Lang reiterates his concern about loss of woodland habitat especially near vernal pool and that this would be investigated during Commission's site visit on May 3rd Paluzzi moves to continue this application to the May 22 meeting pending a site visit scheduled for May 3 at 6:30 p.m. Seconded by Squibb. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess public hearings. Seconded by Squibb. The motion carries 7 -0. Abbreviated Notice of Resource Area Delineation Cont: 50 Dunham Road (a.k.a. 44 Dunham Road), DEP #5 -1076 — review and affirm character and delineation of wetland resource areas on site — Cummings Properties, LLC c/o Stephen Drohosky Maxner states that she was contacted by the applicant from Cummings Property, who requested a continuance to the May 22 meeting in order to have additional time to review the wetland consultants' reports. Paluzzi moves to continue until the Commission's May 22 meeting. Seconded by Glidden. The motion carries 7 -0. Cont: 41 Prince Street, DEP #5 -1078 — demolish existing, construct new house and pool — Jonathan Uroskie Curt Young with Wetlands Preservation and Brian Stein with Seimasko & Verbridge are present for applicant. Younhg refers to Commission's recent site walk and mentions comment about modifying the site plan and notes that with existing house design, the septic system plan approved by the Board of Health would not fit on the site, so connection to sewer is being proposed. Young notes that minor wall repair is needed where black locust will be taken out as outlined on plan. He asks that the Commission issue a condition that allows repair and re- pointing of the wall with the approval by the Administrator. He also mentions the Commission's questions about expanding the planting bed in front of the seawall where there is lawn and notes that the applicant would like to hold with the design as proposed to ensure the view is maintained and that children playing on the beach can be visible. Conservation Commission April 24, 2012 Meeting Minutes Page 7 of 14 Lang mentions replanting natural trees in 25' NDZ area for balance. Young expresses concern about trees potentially blocking view of ocean edge and beach since there are four young children in applicant's family. He suggests adding five or six trees above the wall. Lang recommends five in one side and a couple in the front for balance without blocking view. Young offers to submit a supplementary landscaping plan. Maxner questions what type of vegetation is in the under story of the slope that was heavily cleared. Young describes invasive honeysuckle and rose on edge and thinks re- growth of what was cut would occur. He states that there would be no objection to Maxner's suggested condition that clearing would stop at side of house. He also explains that stumps would be taken out in wall section where tree removal was done within conditions on the landside. In response to Bertoni, Young addresses rather than moving black locust indigenous trees would be located in the holes in the canopy avoiding the viewscape. David Carnevale, 44 Prince Street, questions how many trees are going to be cut down in 25 -foot buffer zone and asks if there is any other work. Representative explains work in the NDZ, noting that he patio and pool are outside of that zone. He states that aside from the removal and repair of wall as well as minor grading for house in the upper part of property. Paluzzi moves to close the hearing. Seconded by Grant. The motion carries 7 -0. Cont: 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Maxner states she received a request from applicant via email for a continuance to the May 22 meeting since as the applicant is in the midst of gathering supplemental information. Paluzzi moves to continue to the May 22 meeting. Seconded by Grant. The motion carries 7 -0. Old/New Business New: 76 West Street, DEP File #5 -984 — Request for Minor Modification to Order of Conditions — Brook and Melissa Dane Mary Rimmer, Rimmer Environmental Consultant, and Betsy Spang, Landscape Designer, representing Melissa Dane, applicant. Rimmer explains that the Order, issued in June of 2008, governed driveway resurfacing, fence repair, selective tree removal, landscape and drainage improvements, creation of compensatory flood storage, maintenance dredging of small ponded area that had grown in, restoration of BVW by removal of invasive purple loosestrife and replanting with native species within Land Under Water Body, Bordering Vegetated Wetland, Bordering Land Subject to Flooding, 200 Riverfront Area and 100 -Foot Buffer Zone. This project required 401 Water Quality with DEP, Section 404 permitting with Army Corps of Engineers and an ENF with MEPA. Several plan changes have been made as a result of these other permit reviews, which essentially reduced the scope of the project. Conservation Commission April 24, 2012 Meeting Minutes Page 8 of 14 Rimmer notes that the Order of Conditions required applicant to submit planting plan before starting, which has been included with this request. She notes as a result of ACOE and DEP review, changes to the plan were required including elimination of the dredging of the pond. Also, the depth of soil removal from the BVW has been decreased. A small IVW was identified and included on the plan Rimmer describes from the back yard to the undeveloped portion of the lot, 14,000 square feet of soil will be removed from the site, new soil brought in and replanting done with native species. Existing native trees and shrubs have been tagged for salvage and replanting. Most of area would be replanted according to submitted plan. Also removal of a couple of trees, one 40 -inch tree originally saved served as a wildlife perch and has become a safety hazard so the proposal is for removal and replacement with a nest box. Trees on the plan approved to be removed will be chipped and used to create a bark mulch path in restored wetlands. Rimmer notes that a substantial investment is being made in plants in part to keep out invasive species. Spang refers to density planting that at maturity will be touching so that full coverage will be achieved with no bare ground. Rimmer notes that these plants would be planted in stages and determined by how well plants do and goal is to have 100% vegetative cover when Certificate of Compliance is requested. She adds that purpose of soil removal was to get rid of invasive specie seed banks that are there and working with a contractor it would be used as backfill upland. Rimmer also addresses another component of the project relative to 100 -year storm flood storage with re- grading along side yard and DEP has made adjustments to wetland boundary and erosion control barriers would be used. She explains that a couple thousand yards of soil (14,000 square feet by 1 foot deep) would be removed. Lang asks that the material be removed from Beverly. Rimmer concurs and Dane did not know where material was supposed to go although there was discussion about possible removal to Maine. In response to Maxner, Rimmer says the removed material would be de- watered on site and stockpiled in the yard before being loaded onto trucks. Expected equipment to do the work is an excavator with tracked wheels for low ground pressure and low compression, and a dump truck. Rimmer explains that after receiving 401 WQ Permit, work would start as soon as possible. Maxner states that there is a requirement for pre - construction site inspection. Rimmer concurs. Maxner mentions that the Order of Conditions expires on July 7, 2013 as part of the Permit Extension Act. She suggests due to Act it could probably be extended further for two years if work is not completed by deadline date under the local Ordinance. Paluzzi moves to approve the changes to the plan as a minor modification. Seconded by Glidden. The motion carries 7 -0. New: Trail Blazing off Tall Tree Drive on Conservation Land — Presentation by Open Space & Recreation Committee Conservation Commission April 24, 2012 Meeting Minutes Page 9 of 14 Charlie Mann representing Open Space & Recreation Committee (OSRC) explains that a new footpath is proposed to access Conservation Commission held land referred to as Fox Hill off of Tall Tree Drive. It would include trail kiosk and a five to six -foot long bridge to cross an intermittent stream. Maxner states that OSRC has worked to obtain an access easement from the private homeowner to regain access to Conservation Commission land and has organized a workday to blaze trail. Mann speaks to trail creation that was tagged with City GIS Coordinator Roland Adams, which meanders along a ridge and eventually connects with existing trails. He notes that the bridge will be prefabricated and carried onto the site, and will consist of 2 -foot by 8 -foot boards and two, 4 -foot stakes would be used to prevent bridge from floating away and he could place rocks underneath to raise bridge higher to make sure that debris does not get caught during high flow events. Mann explains that City Engineer has painted curb and fence to mark right of way in the field. Paluzzi moves to approve trail project. Seconded by Buchsbaum. The motion carries 7 -0. Maxner suggests a pre- meeting be held with Mann before the actual field day and that this would be discussed at OSRC meeting next week. New: 44 Prince Street, DEP File #5 -1046 — Request to Modify Order of Conditions — David Carnevale Bob Griffin, Griffin Engineering, and David Carnevale, applicant, are present relative to request to modify Order of Conditions that Commission issued in January 2011. Griffin reviews wetland resources and buffer zone and coastal bank in site plan approved in January 2011. Prior to construction there was a garage and guesthouse (that remains on the property). Griffin notes that Commission had approved construction of a new single - family residence, circular driveway, patio located in the back, removal of trees and identified septic field on the property. Since the Commission's approval, Griffin mentions that Carnevale has worked with a landscape architect, Tom McMullen of Danvers, who prepared a landscape plan that fills in the area. He suggests that Commission probably observed construction during its recent site walk of 41 Prince Street. Griffin notes that landscape plan identifies planting beds along the perimeter of the property and planting beds along the residence on all sides with a slightly revised driveway. Griffin refers to updated site plan that includes McMullen's landscape design information. He reviews modifications outlined as follows: expand bluestone patio behind residence and expansion of loggia (open porch area) that does not have a roof and adds 890 square feet of impervious service, adjacent is blue stone terrace with perennial infill (phlox, sedum, thyme and cress) in amongst lawn for picnic areas this is in 25 foot No Disturb Zone so they have asked for waiver in Beverly Ordinance, 5,000 square feet of planting beds including non - invasive species available from local nurseries that run along perimeter of property and garage, access to property on north side of driveway has been eliminated, significant removal of 1,400 square feet of impervious surface when existing concrete patio is removed outside of guest house and replace with lawn, install sewer pumps and pump grinder since house will be connected to City sewer rather than Conservation Commission April 24, 2012 Meeting Minutes Page 10 of 14 septic system, reducing size of driveway and construction of driveway with pavers allowing groundwater to infiltrate, remove locust tree in coastal bank and replace with 2' caliper pinot tree and ink berries and Virginia rose bushes. Lang mentions that these are major modifications and questions why a new Notice of Intent wasn't submitted for the modified landscaping plan. Griffin replies that request to modify is within scope of project approved previously with no areas disturbed that were not before, lawn replaced with bluestone and planting beds along perimeter of site, the same project with less impervious surface. Commission expresses interest in visiting site at 7 p.m. on May 3 rd Discussion ensues about the Commission's standard perpetual condition that prohibits use of pesticides and herbicides in the buffer zone. In response to Bertoni, Griffin describes how existing septic tank would be crushed, filled and abandoned in compliance with Title 5 as well as the use of a new pump chamber. In response to Buchsbaum, Griffin describes how much area would be covered in 25 -foot No Disturb Zone with 1,000 feet of existing patio to be removed and 600 square foot and perennial infill in this area as well as some planting bed. Driveway includes 1,143 square feet in the No Disturb Zone and waiver was submitted with original project before construction. Paluzzi moves to continue this to the May 22 meeting pending a site visit scheduled for May 3 rd at 7:00 p.m. Seconded by Grant. The motion carries 7 -0. New: 11 Brookhead Avenue — Enforcement Order — Thomas & Samantha Renda Thomas Renda, homeowner and Bob Griffin are present. Maxner states that Commission has copy of Enforcement Order and cover letter explaining that Chairman Lang visited site pursuant to telephone call received in City's Planning office regarding loam and fill in wetlands at Brookhead Avenue. Lang had shutdown activity. Maxner explains that she followed up with landscape contractor and erosion controls were put in place at edge of loam and native seed will be put down such as hay or jute to stabilize slope. Tree removal has occurred along sloping area to wetland. Current contractor was commissioned to drag out remaining stump and remove thick matt of poison ivy that was creeping up into the lawn. She adds that she and Lang developed a protocol including installing silt fence, seeding exposed loam and ceasing all work as well as develop full restoration planting plan for 25 foot NDZ. Griffin notifies Commission that he is representing applicant Thomas Renda and they are preparing a Notice of Intent relative to proposed improvements in the pool area and addressing issues relative to the enforcement order so survey has been done and replanting plan will be included for Commission's next meeting. Maxner explains that she had considered requiring a NOI but since and Order of Conditions can be appealed she thought that the enforcement order for restoration was the best option. She notes that Conservation Commission April 24, 2012 Meeting Minutes Page 11 of 14 Orders are permissive not directive permits. She suggests the NOI be submitted for work that goes beyond restoration plan and restoration plan would be submitted for current violation under the enforcement order. Griffin and Renda agree. Squibb moves to ratify the enforcement order and set a deadline for submission of the restoration plan at Commission's next meeting on May 22. Seconded by Paluzzi. The motion carries 7 -0. New: Clean Up Around Kelleher's Pond — review of proposed activities — Omni Properties, LLC John Dick, Hancock Associates, representing applicant. Dick describes storm damage to landscape plantings and large trees at end of pond facing from Essex Street. He notes damage to ornamental trees that were planted too close together, explaining there is a row of conifers along pond in 25- foot No Disturb Zone with a foot path bordered on the other side with maple trees. He mentions two -meter tree that broke in half and has a 22 -inch limb that has fallen along with another tree that needs to come down as well as a shattered 22 -inch ornamental yew. Dick says proposal is to cut dead trees and remove large broken limbs with chainsaw and bobcat, use hay bales and seed to control any potential erosion. No trimming of live vegetation just lower branches of conifers and clean up of trash. Work could take two to three days. Discussion ensued where Maxner agrees with Dick that this did not rise to RDA application but is very visible area and she asked for a written letter detailing clean up work. She notes that dead trees should be flush cut with no stump removal and sawdust kept out of pond. In response to members, Dick says work is between street line and pond on Kelleher Pond property and that his client wants to keep leaning tree that is living but if its condition changes, the Commission would be consulted. He notes that special wildflower mix would be used to seed side of pond bank if need be. Maxner and members thank Dick for coming in to describe proposed work, which is slated to start tomorrow, April 25. New: Planning Board Request for Comments — 875 Hale Street Modification to Definitive Subdivision Plan — Montrose School Park, LLC Grant recuses herself and leaves room. Maxner explains that the definitive subdivision plan for 875 Hale Street has gone through the permitting process with the Conservation Commission and an Order of Conditions was issued for the project. She adds that the Planning Board approval process deals with the number of lots by right by way of definitive plan and the Board approved the plan with the condition that it had to conform to OSRD subdivision rules. Developer appealed this decision, the neighbors were also interveners in the case, and Court remanded it back to Planning Board requiring more information relative to requests for waivers and technical information relative to the subdivision. She explains that the layout of the subdivision did not change and the modifications are technical. Maxner mentions that Conservation Commission has been asked for comments on subdivision site plan as part of Planning Board's hearing process. She describes changes as elimination of driveway Conservation Commission April 24, 2012 Meeting Minutes Page 12 of 14 on lot 6 and measurements changed in turnaround. Maxner agrees with Buchsbaum that conventional plan modifies OSRD. Discussion ensues about changes and that they do not have much relevance to Conservation Commission jurisdiction except for elimination of impervious surface, and improvement relative to conventional subdivision plan and that there is no further directive from Commission, and that Maxner would write letter stating Commission's support of elimination of driveway. Bob Lewis, 903 Hale Street, expresses frustration with the subdivision development and his belief that too many concessions and waivers have been granted for project, and that some of these are pending in Land Court. He asks for Commission support for the neighbors. Lang mentions that Commission is doing as much as it can within its regulations. Grant returned to meeting. Expenditure Approvals None. Other... Discussion or Action Items Related to Commission Business Salem State student mentions his attendance as part of course work on environmental impact assessment. 102 & 96 Cherry Hill Drive, DEP File #5 -1054 — Deed to Parcel at 10 Sam Fonzo Drive Maxner reminds the Commission that the Order, issued in June of last year, governs clearing, grading, loaming and seeding the existing vacant commercial /industrial lot and fill of an approximately 3,035 square foot Isolated Vegetated Wetland on 96 & 102 Cherry Hill Drive. Replicating for filled wetland with 6,120 square feet of Bordering Vegetated Wetland on adjacent vacant lot at 10 Sam Fonzo Drive. Repairing and restoring rutted slopes and hillsides of said lots with native stabilizing vegetation. Per Special Condition # 1: The approval under this Order of Conditions is contingent upon 10 Sam Fonzo Drive, Map 65 Lot 4, being deeded over to the City of Beverly to be placed under the care and custody of the Beverly Conservation Commission pursuant to MGL Chapter 40 Section 8C. She explains that the deed has been prepared and she has read it over and believes it has appropriate language and the City Solicitor has reviewed it as well. The Solicitor has asked that the deed be singed by either Maxner or Lang, but wanted to ask the Commission for its thoughts on who should sign. Members agree that Lang is the most appropriate signatory. Lang signs the deed. Tree Removal Request at 11 Shannon Lane Maxner explains that the Commission received a request to remove a few trees at 11 Shannon Lane. She states she conducted a site inspection to inspect the trees that were tagged, but she during her visit she observed that there were areas of disturbance going on at the edge of the wetland in the 25' NDZ and entering into the wetland. She guesses that the owner was trying to create some sort of "Zen garden ". She provides photos of areas of disturbance for members to review. The Conservation Commission April 24, 2012 Meeting Minutes Page 13 of 14 Commission agrees to visit the site on May 3 rd at 5:30 p.m. She will notify resident that tree removal request is tabled and of the site visit. Endicott College Maxner explains that for the recently approved Endicott College synthetic turf field at the North Field, pursuant to Special Condition # 4.c. the Commission required 100% construction design plans be submitted with a list of changes from the approved plan. She reviews the modifications as outlined by the project Engineer John Amato of JJA Sports, Inc. She notes that there was modification to silt sock from 18 -inch to 12 -inch and she provides Commission with information about decrease in scope of work for retaining wall in No Disturb Zone. She explains that Special Condition # l.f., a culvert and sump has been added to divert any runoff from the cell tower access road away from the B series wetland. Brief discussion ensues as to the modifications, with Lang noting that they seem to shrink the scope a bit. Maxner agrees noting that these plans and communication from the engineer seem to comply with Special Condition # 4.c. Members agree. Approval of Minutes Members gave amendments to Maxner on March 26, 2012 Conservation Commission meeting minutes. Paluzzi moves to approve the minutes as amended. Seconded by Glidden. The motion carries 5 -0 -2 with Grant and Bertoni abstaining. Order of Conditions 41 Prince Street, DEP #5 -1078 — demolish existing, construct new house and pool — Jonathan Uroskie Discussion ensues regarding work in the 25' NDZ and appropriate mitigation to allow a waiver for the work. Commission members discuss the surrounding resource areas, and eelgrass beds in the vicinity as well as the nature of the coastal bank and associated buffer zone, noting that the area is topographically flat and relatively stable aside from the invasive black locust trees that are growing into the wall and compromising its integrity. Members discuss possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. As discussed and agreed to by the applicant's consultant at the April 24, 2012 hearing, in addition to the proposed shrubs, five (5) native non - invasive trees shall be planted within the proposed plating bed at the base of the slope along the northerly side of property. 2. To compensate for the removal of six (6) black locust trees within the 25 -Foot No Disturbance Zone, at least four (4) native non - invasive trees shall be planted within the planting bed that runs along the seawall in addition to proposed shrubs. 3. All proposed new trees shall not be less than 2 inches in caliper. 4. In order to help protect eelgrass beds located within the vicinity of the site from contaminated and polluted runoff, the lawn and landscaped areas shall receive organic treatment /applications only; the use of chemical pesticides, herbicides and fertilizers is Conservation Commission April 24, 2012 Meeting Minutes Page 14 of 14 prohibited. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. With prior approval from the Conservation Administrator, routine repair and re- pointing of the seawall by manual methods only is allowable. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. Seconded by Grant. The motion carries 7 -0. Adiournment There being no further business to come before the Commission this evening Paluzzi moves to adjourn at 10:15 p.m. Seconded by Grant. The motion carries 7 -0. The next regular meeting of the Conservation Commission is on Tuesday, May 22, 2012 at Beverly Public Library, 32 Essex Street.