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2013-02-26CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission February 26, 2013 David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie Herbster, Bill Squibb None Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street, Beverly, MA. Request for Certificate of Compliance New: 3 Sherwood Lane, DEP File #5 -204 — construct single family house — Scott & Jeanne Tarnowski Maxner explains that 3 Sherwood Lane lot was part of the Oak Heights (aka Wellington Hills) subdivision permitted in the early 1990's. The applicant constructed this house in 1993. The Order of Conditions governed every aspect of the subdivision including roadway and all house lots that fell within the Commission's jurisdiction. The Commission had received a letter and as- built plan prepared by Peter Ogren of Hayes Engineering dated January 25, 1994, indicating that the as -built plan was prepared for the owner but the Commission did not grant a Certificate of Compliance due to incomplete soil stabilization and landscaping. The owner never followed up on securing the Certificate until now. Based on information contained in the file, the owner proceeded to construct an in- ground pool in October of 1995 (not part of the approved site plan and not depicted on the as -built plan), for which the Commission issued an Enforcement Order (EO). The EO was returned as undeliverable and thus never received by the owner, and the Commission took no further action in this regard. Maxner notes that the Enforcement Order is still in the file. She explains that there are outstanding issues such as a pool that wasn't permitted and as -built plan that doesn't show the pool as part of the site conditions. The Commission acknowledges that the applicants were not in attendance. Maxner mentions that by statute the Commission still has the ability to take enforcement action if it deems appropriate or necessary. She adds in response to Squibb, that both first -class mail and certified mail are used today to deliver enforcement orders but she was not sure if first -class mail was used 18 years ago. Conservation Commission February 26, 2013 Meeting Minutes Page 2 of 12 Lang describes what transpired when he was a Commission member at the time the Enforcement Order was issued and how the EO was unsuccessfully delivered three times. He adds that the Beverly Police Department was asked to deliver the Enforcement Order and they said no, so the Enforcement Order went back into the file and no action was taken. Lang states that since there is no waiver of statute of limitations, the applicant should be given the Enforcement Order. He suggests that a Notice of Intent or another as -built plan might be required to clear the record. Bertoni recommends that at least a new as -built plan should be done that shows the pool. Discussion ensues about location of pool up behind the deck. The Commission also addresses whether the property is for sale or up for refinancing as the reason this has come up now. Maxner notes that she did not see a for sale sign when she visited the property. Discussion ensues about whether or not the applicant should file for a permit for the pool (i.e., NOI or RDA). Maxner suggests once an application is reviewed, then a more elaborate as -built plan could be submitted. Lang recommends the Commission take no action since the applicant was not at the meeting to answer questions from the Commission. He notes that the pool was built a year after the Order of Conditions was issued and is close to the resource area. Lang suggests that the applicant should at least be notified of Enforcement Order that they should claim and attend an upcoming Commission meeting to discuss it. Paluzzi moves to continue the request for Certificate of Compliance until the Commission's next meeting on March 26. Seconded by Squibb. Motion carries 7 -0. New: 2 Boxwood Lane, DEP File #5 -352 — construct portion of driveway and install utilities — Gene & Diana McAuliffe Maxner explains the Order, issued in May of 1990, governed the construction of 55 +/- feet of driveways that service the houses at 2 and 4 Boxwood Lane (subdivision Lots 1 & 2) within the 100' BZ to BVW (the driveways are the only portion of these lots that fall within the BZ). The developer apparently went bankrupt and the City pulled the bond and finished the roadway and sidewalks, but did not produce an as -built plan as none are on file with the Engineering Department. The owner of Lot 1 finished their driveway after the City completed the roadway, but had not sought a Certificate of Compliance until now, as they are refinancing and would like to close out this outstanding Order. The owner is requesting a waiver from the as -built plan for the 55 -feet of driveway. Maxner states that there is an existing Determination of Applicability allowing 55 -feet of driveway and she has visited the site and reports to Commission that all areas appear to be stable and the driveway appears to largely conform to the approved plan. She provides photos of the area site conditions for members to review. She adds that there is the outstanding Order and the applicant is hoping to get a Certificate of Compliance and is requesting a waiver from the as -built plan. She mentions that she reviewed plans on file with Engineering Department but the City never approved the as -built plan. Maxner clarifies that this was originally permitted through Order of Conditions and applicant came back for RDA for driveway that was approved. Conservation Commission February 26, 2013 Meeting Minutes Page 3 of 12 Paluzzi moves to approve the Certificate of Compliance for 2 Boxwood Lane and waiver for the as -built plan. Seconded by Buchsbaum. Motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. Motion carries 7 -0. Notices of Intent and /or Abbreviated Notices of Intent 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 notes that the Commission voted to continue the hearing to the April 9, 2013 meeting to allow the applicant time to work on obtaining the other required permits. Cont: Bonad Road, Lot 1 and Lot 2 — construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin The applicant recently subdivided the parent lot into two 1 /4 -acre lots on Bonad Road and is proposing to construct new single - family houses on each lot. Work to take place within the 100' BZ to inland bank of an intermittent stream that is partially piped on site. Lot 1 involves encroachment of the driveway into the 25' NDZ, with proposed mitigation planting. Maxner notes the Commission conducted a site visit in the middle of December at which time drainage was discussed at length. The applicant's engineer submitted a revised plan at the last meeting, which was reviewed and discussed. The Commission voted to continue the hearing to allow time for the City's DPW Director, Mike Collins, to review the revisions and he has approved the revised plan. Bob Griffin representing the applicant, summarizes the proposal for the two houses in the buffer zone to a bank that carries an intermittent stream east to west down Bonad Road as well as the suggestions resulting from the site visit relative to mitigation on Lot 1. He adds how those have been included in the plan. Griffin mentions that drainage improvements were discussed with the Commission in January associated with the ditch with screening at inlet of pipe to minimize potential for clogging. He also reports on the City DPW having cleaned the pipe. Griffin addresses behavior of drainage from Kelleher pond and down Lakeshore Avenue. He notes that Mike Collins is satisfied with the revised plan. Griffin refers to the drainage from Kelleher pond using GPS information to illustrate the existing drainage. He describes how in extreme events water could overflow from Kelleher pond leading to ditch at Bonad Road but under normal circumstances it should stay in the 24 -inch pipes. Griffin summarizes for the Commission how there would be a high point graded behind Lot 1 and Lot 2 so water would run over land around the buildings and into ditch. He adds that subsurface stormwater infiltration structures would accept runoff from roof into the ground in Conservation Commission February 26, 2013 Meeting Minutes Page 4 of 12 three locations and roof runoff into rain garden with extreme rain conditions draining into the stream. In response to Maxner, he states that there would be sheet flow from the driveways. In response to Lang, who asks if there was any observation during recent rain event, Griffin says Mr. Santin put screens in front of inlet and has not allowed material back into the pipe after cleaning. He adds that photographs were taken during rainstorm that illustrates that pipe is working well. Lang reports that he observed pipe during the morning of that rain event and it appeared to be working normally without any backwater or high water marks. Discussion ensues about catch basins and large pipe that could tie into Lakeshore Avenue. Griffin reiterates purpose of stormwater infiltration structure and that condition is improved with cleaned pipe and inlet. Mike Bissell, 14 Jewett Road, questions who would be responsible for keeping pipe clean since it is cyclical how pipe is cleaned and clogged and he states that City is not diligent about pipe maintenance. Griffin describes how Mr. Santin has mentioned that his father had Fire Department come clean out pipe in the past. He adds that measures have been propsoed to prevent clogging and that there would be two new homeowners with interest in keeping the pipe clean. Mr. Bissell reiterates the importance of keeping the pipe cleared to ensure water flow. Griffin suggests that the Commission could issue a surviving condition in its Order of Conditions that would clearly allow the cleaning of the pipe and ditch without coming back to the Commission for permission. Lang notes that there are clogged culverts that residents complain to the Commission about on a regular basis. He adds that it would be in the homeowners' best interest to keep the pipe functioning well to keep their basements dry. 79 Lakeshore Avenue resident mentions photos taken during rainstorm and that there was standing water which could impact the homeowners' properties. Griffin responds saying the lots are flat now where water is ponding but the photos he observed indicate ditch is flowing normally. He also addresses water in nearby wetland that flows to drainage ditch. Lang notes the large amount of impervious cover in the watershed that will cause flow through Kelleher's pond and drainage structures. Resident addresses if it would be prudent to wait until spring when there is more rain to identify conditions in area to base the decision. Lang refers to his observation after rainstorm and that he was happy about the results. He acknowledges the residents' concern and adds that there is no rainy season in New England. Discussion ensues about if onus can be put on the two homeowners to keep the grate, pipe and ditch clean that is not on their property. Griffin suggests through Certificate of Compliance process that the grading could meet the special conditions. Maxner describes a proposed special condition to have the design engineer on site to verify final grading to ensure proposed grades are not exceeded. Buchsbaum questions if this situation is going to make the lots downstream worse. Griffin states that the existing improvements to the pipe and continual improvements along with removal of trees are significantly better than last year although there is only so much control in watershed. Conservation Commission February 26, 2013 Meeting Minutes Page 5 of 12 Mr. Bissell notes that neighbors are interested in having water drain through area and asks if a larger pipe could be added to area and pipe the ditch. Griffin states that it would not be easy to comply with performance standards and keep the bank in the same state relative to Wetlands Protection Act. Maxner describes how the bank is a resource area and if it were filled it would have to be replicated to connect wetlands system probably off site. She suggests it would have been better if the whole area was piped 50 years ago. Lang believes that cleaning the pipe and putting in control measures for the debris is an improvement. Discussion ensues about grading measurements on the property and how final grade would be 60 -feet at the center of the lot which is higher by 3 -feet that could prevent pooling in area. Resident asks the Commission to wait until after tomorrow's rain event before making a decision. Griffin mentions how improvements have been incorporated into the plan that has been approved by M. Collins and that this situation is a piece of the whole watershed area. Discussion ensues about if sump pumps are installed at the properties; Griffin suggests that the water should be discharged out of the front of the properties. Maxner reviews the draft Special Conditions. Discussion ensues about the perpetual condition that addresses homeowners' responsibility and ability to maintain the property and if sump pumps are installed that discharge would be out of the front of the property to the south side of the ditch. Maxner notes that M. Collins approved the plan and made no recommendations. Resident mentions that he spoke to M. Collins who said this was one of the worst areas in the City for stormwater discharge and that there are a lot of sump pumps tied to the storm sewer. Bertoni recommends a special condition that controls no heavy equipment in the area. Buchsbaum suggests that the Commission should evaluate the situation later on. However, the Commission loses control once the construction is completed. Maxner mentions how Certificate of Compliance can be ignored at times. Griffin concurs that as part of Certificate of Compliance television documentation shall be submitted showing that the pipe is clean and in good shape and operating as intended. Cliff Allen, 12 Juniper, questioned how there are rocks in pipe. Griffin agrees that rocks remain after the City's cleaning. He explains that plan includes flushing and dragging within pipe so the material is removed. Bertoni moves that there is sufficient information to close the hearing. Seconded by Buchsbaum. Motion carries 7 -0. New: 10 Pine Knoll Drive — construct in- ground pool and patio — James & Patricia Fortin Maxner reads the legal notice. Jason Franco, Dynasty Pools employee, representing the applicant and the applicant James Fortin are in attendance. Franco explains the applicant is proposing to construct an in- ground pool, associated patio and retaining walls within the 25' NDZ and very close proximity to BVW, a portion of which is currently being mowed as lawn. Wetlands Preservation, Inc. delineated the wetlands in January of this year prior to snow - covered Conservation Commission February 26, 2013 Meeting Minutes Page 6 of 12 conditions, mainly based on hydric soils especially within the lawn area as described in the Project Description narrative. Once the wetland was delineated, the proposed pool was apparently reconfigured to remove it out of the wetland, but still within the 25' NDZ. As mitigation for incursion into the 25' NDZ, the applicant is proposing to stop mowing a small triangle of wetland and a swath of the 25' NDZ (total of 900 s.f.), and replant these areas with native shrubs. Franco describes the proposed 450 square foot pool as the disturbance in the area within 25 -foot buffer zone maintained by homeowner as grass. He addresses retaining wall in buffer zone and fence installed limiting maintenance in wetland as well as applicant's intention to replant as part of mitigation. In response to Lang, he reiterates square footage of disturbance includes pool, paver patio, pool deck and retaining wall. He adds that fence would be located 5' to 6' away from wetland, and area 65' from wetland would be maintained. Maxner describes how a large percentage of wetland is being mowed as lawn and pool is being installed in the back of the house to the first 25'feet to the buffer to the wetland. She suggests this merits a site visit by the Commission. In response to Bertoni who inquires about wetland flagging, Mr. Fortin says Curt Young did the work to locate wetlands which Mr. Fortin agrees to keep up at site for the Commission's site walk. Mr. Fortin explains that he is maintaining lawn at the site as it was done when he purchased the property in the last eight years. Franco addresses if any grading would be done at the site for the pool installation. Maxner reiterates that the Commission would like to do a site inspection. Paluzzi moves to schedule a site visit and continue the hearing until the Commission's meeting on March 26. Seconded by Buchsbaum. Motion carries 7 -0. The Commission will conduct the site visit on Saturday, March 23 at 8:30 a.m. if there is no snow so they can see ground conditions. New: 400 Hale Street, Endicott College — expansion and rehabilitation to Callahan Center and vicinity — c/o Tyler Virden, Windover Construction, Inc. Maxner reads the legal notice. Dennis Monaco, Endicott College, Joseph Orzel with Omni Environmental and Charlie Wear of Meridian are present. Wear explains the College proposes to expand and rehabilitate the Callahan Center, including an increase in the footprint of the existing building, reconfiguration of parking, pedestrian and vehicle access ways, paved turnaround, utilities and stormwater treatment. Work will take place within 100' BZ to two locally jurisdictional Isolated Vegetated Wetland systems. Wear speaks to access to Callahan Center and existing grade to Hale Street. He notes that there are resource areas south of the building, including isolated vegetated wetlands. He adds that the possibility of vernal pools has been studied and there are no salamander or amphibian activities. Wear mentions these vegetated wetlands were reviewed as part of RDA related to grease trap replacement project. He describes how he and Maxner met at the site before the February 7 t blizzard. Maxner notes that she has photographs of site for the Commission review. Conservation Commission February 26, 2013 Meeting Minutes Page 7 of 12 Wear states that there is a 36 -inch pipe that goes under the building that captures road and roof runoff to a retention pond. He explains that calculations reveal that even in storm conditions the water does not go over the top of the wetland, he surmises it must infiltrate. Wear describes primary reason for expansion is student center, cafeteria, health center and book store in the Callahan Center has become undersized as campus has grown. He adds that the College wants to improve kitchen delivery location. Also, says Wear is a desire to improve pedestrian access way. Wear notes that most expansion of the building is outside of the buffer. In addition, he states that thought has been given to intersection where a three -way stop is introduced and pavers installed to raise awareness about pedestrian traffic. He describes how a lot of paving in buffer zone would be removed to balance the site so with the expansion there is an increase of 12% or 8,000 to 9,000 square feet of impervious surface in the 12 acres since expansion is into existing paved area. Wear addresses how trucks would be brought into the service lane to the site and there is a proposed turnaround and trash compactor causing the biggest impact to the buffer zone. He explains that drainage pipe would be brought out from under the building and sized to 24" and flow would be captured around the building. He provides details on how Stormceptor would be used with a new discharge point and where flow would go before entering the pond. Wear notes that plan respects 25' NDZ buffer with the exception of outlet. He then explains now rate relative to two Stormceptor and catch basins where flow is spread out before reaching resource area. He mentions that study was done relative to flow into Endicott Lake as part of the Science Center project. He also addresses how retention pond has excess capacity so increased runoff from increased impervious surface is taken care of here. Discussion ensues about taking a credit from a previous project relative to reduced flow of runoff Wear states that calculation was done on flow out of Endicott pond. He notes that there is a rain garden and infiltration system. He concurs with Maxner that these are independent watersheds. He notes that taking credit for what runoff gets to Endicott Lake by mimicking what is occurring now. Lang asks to confirm that the Callahan project is taking stormwater credits from the Science Center project. Wear states that it is. Wear addresses recharge relative to the site in consideration of Stormwater Management and silty soils and ability to have an infiltration system on the site. He notes that specification is two feet to groundwater and there is only eight inches in some locations where there is ledge so system would likely be in groundwater. Wear describes how there are four new catch basins and two Stormceptors. He concurs with Maxner that they are not taking any credit for sweeping. He also addresses how there is not a high probability of pollution, nor are there any critical areas. Wear notes that redevelopment credit is related to reducing impervious area based on DEP policy even if there is an increase in impervious surface but he is not suggesting taking the credit. Wear addresses standards for construction and pollution control prevention and filter mitts around resource areas to catch silt and that silt sacks would be replaced in catch basins. He adds that Stormceptors would be pumped annually and catch basins would be inspected and pumped Conservation Commission February 26, 2013 Meeting Minutes Page 8 of 12 annually, if necessary. He also notes that there are no elicit discharges but they would be certified. Lang states that he believes the stormwater design should be peer reviewed. Discussion ensues about having a peer review of project package for compliance with the City's local ordinance and Stormwater Regulations and that the peer reviewer could possibly participate in the Commission's site visit. In addition, that the expansion would be two stories. In response to Buchsbaum, Wear says LID credits apply when project is away from wetlands but groundwater was too close to the surface. Joe Orzel mentions that wetlands were flagged in July 2011 for grease trap project. He states that remainder of wetland line was done in December 2012 based on soil, vegetation, and hydrology that is available. Orzel adds that before and after the dormitory was constructed wetlands were delineated starting in 2003. He notes that the wetland flags are on the site where they would have been originally and there has not been any change. Orzel adds that inspection for vernal pool was in 2003 where mosquito larva, green frog and snail were seen. He notes that his conclusion at that time was no vernal pool activity. Orzel states that in March 2012 he walked the entire campus for vernal pool activity. He mentions that based on observations to date there is some vernal pool activity on campus including wetland G and he points out certified vernal pools on project plan for the Commission. The Commission sets a site walk for 9:15 a.m. on March 23. Maxner agrees to secure a peer review consultant. Paluzzi moves to continue the hearing until the Commission's next meeting on March 26. Seconded by Bertoni. Motion carries 7 -0. Old/New Business New: 47 Grover Street, DEP File #5 -1084 — request for minor modification to Order of Conditions — Jack Hyland The Commission issued an Order allowing the construction of a new single - family house on Lot B, filling and replicating portion of Bordering Vegetated Wetland to allow for construction of 13' wide paved driveway to access existing house on Lot A (contingent upon the applicant /owner, prior to any construction on site including new house construction on Lot B, first making every reasonable effort to obtain approved common access to Lots A and B by way of the existing driveway that currently serves the existing house on Lot A before pursuing proposed driveway construction). The approved plan showed all utilities for the new house within an easement to the north and west of the existing house. The owner has had trouble getting response from National Grid with an estimate of a 6 -month wait for electric pole installation, which his buyer or bank is not willing to wait for. The request is to allow moving the electric utility to the existing gravel driveway via underground conduit. Maxner explains that there is nothing else in the roadway and that the owner is seeking a minor modification. She notes that the revised plan takes off the proposed driveway crossing and shows how the gravel driveway can be used for both properties. She adds that Planning Board is only concerned about how water pipe crosses across wetlands. Maxner notes that the existing driveway would be used for both houses. Conservation Commission February 26, 2013 Meeting Minutes Page 9 of 12 Discussion ensues about how utility trench would be encased in concrete and that it should not go into the street. Maxner suggests an updated plan to show crossover intersection, erosion controls and removal of notations. Lang recommends a condition that all work would be done at elevation above pipe and does not go into the water. Maxner summarizes if work is done below pipe then this would not be a minor modification and an amendment would be required. Paluzzi moves to approve the request for minor modification to Order of Conditions that is dependent upon Maxner receiving an updated plan. Seconded by Bertoni. Motion carries 7 -0. New: Planning Board Request for Comments — 55 Echo Avenue Special Permit, Pork Chop Lot — MPM Companies, LLC Maxner states that the Planning Board will be considering this Special Permit application at its March 19 meeting, and as customary has asked for comments from the various boards and departments. She notes that based on GIS and other mapping material, it does not appear that this property contains jurisdictional wetlands or associated buffer zones, and therefore would not require review or permitting by the Commission. Representative, Bob Griffin, for applicant reports that no wetlands were seen at the site during the survey work. New: Planning Board Request for Comments - 96 Cherry Hill Drive Site Plan — Connolly Brothers, Inc. Maxner summarizes that the Commission allowed fill of an IVW located on 96 & 102 Cherry Hill Drive (Flatley parcels) and wetland replication on the lot to the north that is now under the Commission's ownership care /custody. The project involves the construction of a 40,000 square foot school building with a gymnasium, associate parking and athletic field for North Shore Academy at 96 Cherry Hill Drive. She states that it appears that all work is outside the 100' BZ and therefore the project would not require Conservation Commission review or permitting. Maxner notes that a "Filtermit" erosion control sock is proposed for the limit of grading, and she recommends to ensure it is not overwhelmed, that hay bales and silt fence could be used on the downhill side of the grading. Discussion ensues relative to the discharge outlet should be monitored to ensure that it functions and does not cause erosion during discharge events and that it would be required in the Operation & Maintenance Plan. Lang recommends a soil engineer assist with designing the slope at the back of the proposed playing field since there were major failures of severe engineered slopes at previous projects in the vicinity. He explains that one of the slope failures occurred at C.P. Clare next door and the other at the current Axcelis site. He notes that he was on the Commission at the time, and both events resulted in impacts to the wetland and or associated buffer zones. Members review the plan and discuss the project. Lang notes that the Commission is free to make recommendations for the Planning Board's consideration to take or leave and that past experiences as he explained should be relayed to the Board for its information. He states that since the edge of fill is relatively close to the resource area as well as at the boundary of the Watershed Protection Overlay District, making sure that the slope is properly designed and built would be advisable. Maxner notes that it might be advantageous to recommend that an environmental monitor to be Conservation Commission February 26, 2013 Meeting Minutes Page 10 of 12 engaged to monitor erosion controls during site work. Members agree with Lang and Maxner's suggestions. Maxner states that the City engineer will review the project and provide comprehensive comments to Planning Board relative to the stormwater design and reporting of the long -term O & M plan. She notes that she will write a letter to the Board that encapsulates the Commission's recommendations as discussed. Certificate of Compliance Requests: 93 West Street, DEP File #5468 — James Nvice — In August of 1994 the Commission issued an Order of Conditions allowing the construction of two additions and portions of a septic system within 100' BZ to Coastal Bank. The outstanding Order was discovered during this current title search, and as explained above, the owner wishes to close out this Order. Hancock Associates prepared plans for both of these Orders, and John Dick was able to verify compliance with this Order based on his recent site inspection and an accompanying annotated as -built site plan. 93 West Street, DEP File #5 -892 — James Nvice — In October of 2005 the Commission issued an Order of Conditions allowing the construction of an in- ground pool and associated terrace within 100' BZ to Coastal Bank. The applicant never built the pool or terrace and the Order has since expired. The property is in the midst of being sold and the owner wishes to close out this Order to clear the title. Maxner summarizes the outstanding Orders of Condition. She explains that pool and terrace were never built and the Order expired. Maxner notes that for the Order that addresses the additions and septic system, John Dick did verify compliance. She suggests a qualifier be attached to the Certificate of Compliance regarding the coastal bank delineations as being different between the two Orders since 1994 plan shows house in buffer zone and 2005 plan shows house outside of buffer zone. She adds that if any future work were to be done at the site then the owner would have to come back to the Commission. Paluzzi moves to approve the Certificates of Compliance for the original 1994 submittal records, and 2005 submittal with in- ground pool and terrace that were never built. Discussion ensues about how Orders have expired and any additional work would require approval from the Commission and that Maxner would attach a memo. Seconded by Buchsbaum. Motion carries 7- 0. Orders of Conditions — Lot 1 & 2 Bonad Road Discussion ensues about Order of Conditions for Lot 1 and 2 Bonad Road using special conditions previously identified relative to keeping City's culvert clean such as ditch bank mowing and grate cleaning that is allowable by property owners and continues into perpetuity, and standard conditions. Maxner reads Special Conditions: Conservation Commission February 26, 2013 Meeting Minutes Page 11 of 12 1. Proposed improvements to the drain pipe and brook channel as called out on the approved plan "Site Plan to Accompany NOI, C -1" prepared by Griffin Engineering Group, LLC, signed and stamped by Robert H. Griffin, scale F =20' final revision dated January 28, 2013 shall be done prior to any other work on site and must be carried out during dry conditions. Should precipitation events be predicted during this work, proper controls shall be implemented to avoid erosion or sedimentation of exposed areas. 2. If excavated soils are not immediately removed from site, stockpiles shall be located no less than 50 feet from the brook channel and shall be ringed with silt fence that is entrenched below grade. 3. Dewatering methods shall be reviewed by the Commission or its Agent prior to implementation in the field. Any de- watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de- watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 4. The project engineer shall be on site to supervise and verify the following phases of site work: a. During cleaning and installation of improvements to drain pipe; b. Verify final elevation of bottom of foundation excavations; c. Supervise installation of Stormtech recharge trench and chambers; photo documentation of installation shall be provided to the Commission; d. Supervise final grading of site to ensure proposed grades are not exceeded; 5. In order to maintain the integrity of the vegetation and natural state of the 25 -Foot No Disturbance Zone (NDZ) on Lot 2, the edge of the NDZ shall be demarcated with weather resistant markers bearing language "No Disturbance Beyond this point by order of the Beverly Conservation Commission." 6. Should basement or other sump pumps be installed, discharge from the pumps shall be directed out at the front of the property to the south. 7. Prior to the issuance of a Certificate of Compliance, the drainage pipe shall be inspected by way of camera and a professional engineer shall submit to the Commission a certification verifying that the improvements to the drain pipe and brook channel are operating as designed. 8. In order to keep the channel in stable, clean and functional condition, owners of the subject property are allowed and encouraged to perform channel maintenance activities that include: removing leaves, sticks, silt and other debris from the channel and keeping side slopes free of fallen debris. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. The proposed rain garden on Lot 1 shall be properly maintained in perpetuity, including weeding, replacing dead vegetation, inspecting soil for erosion and re- mulching void areas. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 10. The Commission shall review and approve any proposed changes to the rain garden either during construction or after the property is sold. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 11. There shall be at least 75% survivorship of the mitigation plantings and 100% survivorship of all trees after 2 growing seasons. Conservation Commission February 26, 2013 Meeting Minutes Page 12 of 12 Paluzzi moves to approve the Order of Conditions subject to the special conditions as discussed and standard conditions. Seconded by Grant. Motion carries 7 -0. New: Expenditure Approvals Paluzzi moves to approve $1,204.54 for Attorney Jeff Roelofs work for the Commission. Seconded by Buchsbaum. Motion carries 7 -0. National Grid notification Maxner reads notice from National Grid in compliance with local ordinance and Wetlands Protection Act about public utility maintenance work replacing bare steel pipes for existing service with plastic pipes on Eleanor Avenue and South Terrace within the public right of way where backfill will be replaced on a daily basis. She adds that the work in the street will be on the outer edges of the riverfront. Adjournment Paluzzi moves to adjourn at 9:30 p.m. Seconded by Bertoni. Motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, March 26, 2013 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.