Loading...
2013-08-20CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: August 20, 2013 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Anne Grant, Stephanie Herbster, Bill Squibb BOARD MEMBERS ABSENT: Robert Buchsbaum STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: RECORDER: Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificates of Compliance New: 17 Bailey Avenue, DEP File #5 -1060 — Louise Pommersheim David Lang recused himself. Bob Griffin is present representing the applicant. He notes the Order was issued in 2011 for the demolition of existing single - family house and construction of a new single - family house with associated driveway reconfiguration and resurfacing, utilities and landscaping /mitigation plantings within 200 -Foot Riverfront Area to Danvers River and 100 -Foot Buffer Zone to Coastal Bank. He notes deviations from the approved plan, stating that it appears that the roof infiltration system has been installed but not hooked up to the roof, but instead the roof runoff is infiltrated into the ground via a stone drip trench along the sides of the house. He thinks this is working well after one year and the water is getting into the ground. Griffin notes that the Commission had quite a few requirements as part of this Order and mentions the requirement to install two red maple trees in the backyard that was not completed. He notes that the uphill neighbors did not want these trees installed in the Pommersheim's backyard. Griffin explains that a dogwood was installed in the front yard and landscaping was done generally around the house. So he suggests there is more diverse vegetation than what existed prior to the Pommersheim's taking ownership of the property. Maxner states that she conducted a site inspection with Griffin on Monday morning. She provides photos of the site to the Commission. She reports observation of an area with a small retaining wall at the rear of the house that could be a patio that is not part of the approved plan and was started after the as -built plan was surveyed. This is a gravel area and is not in the flood zone but is in the riverfront. Discussion ensues about finding a place to locate two small bushes on the property in lieu of the maples and Griffin agrees to speak to the homeowner about having Maxner inspect the installation of these bushes. Conservation Commission August 20, 2013 Meeting Minutes Page 2 of 12 Members agree the patio at the back of the house should be included on the as- built. Squibb moves to approve the Certificate of Compliance contingent upon two shrubs being planted and as -built plan being updated and that Maxner would release the COC once those are completed with her inspection. Seconded by Bertoni. The motion carries 5 -0. Recess for Public Hearings David Lang returned to the meeting. Grant moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION (ANRAD) Cont: 108 West Street — Symes Development & Permitting c/o Jeff Rhuda Grant recuses herself and leaves the room. Brian Waterman of Waterman Design, Jeff Rhuda of Symes Associates are present for the applicant. Curt Young of Wetlands Preservation, Inc. present for the Commission as peer reviewer and John Dick present as consultant for neighbors. Waterman provides a recap of the resource areas and review of the site to date. He explains that the applicant has engaged a soil scientist, Arthur Allen with EcoTec, Inc., to further evaluate soils on site and refine the wetland delineation based on the Commission's peer review report by Curt Young. He explains Mr. Allen performed 6 additional test pits and recorded soil conditions in each, noting that the delineation has shifted closer to the street. He notes the results of the tests reveal that test holes #1, #2, and #6 showed indicators of hydric soil and test holes #3, #4, and #5 were non - hydric. Young explains his initial findings and review of subsequent information presented by Allen. He notes that he has done a follow up site visit and agrees with the new delineation. In response to Maxner, Young notes his belief that there was enough investigation done above the wetland boundary confirming upland soils between the new delineation and the street. Young notes that there is a lot of historic fill on the site. He confirms that the plan accurately depicts wetland delineation. Anne Lewis, 903 Hale Street, asks clarification on the definition of resource areas. Maxner explains that wetland resource area is an umbrella term that applies to riverfront area, bank, and /or stream and covers bordering vegetated wetland. Maxner suggests for clarity the Commission should have Young cite the revised plan in a follow up letter. Discussion ensues about setbacks that would apply to zoning relative to future Notice of Intent and encroaching areas. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Herbster. The motion carries 5 -0. Conservation Commission August 20, 2013 Meeting Minutes Page 3 of 12 Grant returns to the meeting. Cont: Grover Street, May 95 Lot 8 (79 Dodges Row, Wenham) — 79 Dodges Row Trust c/o Angus West Michael Seekamp, Seekamp Environmental Consulting, refers to the Commission's site walk and noted agreement about bordering vegetated wetlands. He notes plan changes include Flag Alb was eliminated and Flags A17 and A19 were connected by a straight line. Flag notations indicating the intermittent stream and the 200 -Foot Zone A per drinking water regulations were also added per request of the Beverly Salem Water Supply Board. Discussion ensues about the bank that is landward not the center of the channel. The bank is the beginning of the Water Board's 200 -foot review. The DEP file number is 005 -1106 and the fees have been settled. In response to Bertoni, Seekamp states that there was a culvert underneath a former farm road at the site. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 6 -0. NOTICES OF INTENT Cont: 43 Water Street — Beverly Port Marina Maxner states that she has not heard from the applicant's representative and asks the Commission to continue to its next meeting on September 10 Paluzzi moves to continue. Seconded by Bertoni. The motion carries 6 -0. Cont: 28 Paine Avenue, DEP File #5 -1101- Rayna Lesser Hannaway Caroline McFadden, DeRosa Environmental, representing applicant, addresses the Commission and explains revisions to the plan based on feedback from the Commission. She notes that the eastern boundary of the wetland was delineated in early August and a survey crew identified the broken pipe on the site plan near Flag A14 and added the assumed path of the pipe carrying Log Brook. McFadden notes that the vegetation was doubled as part of mitigation plan and mentions that broken pipe would be removed and stream channel would be restored with stones and gravel to create a natural streambed and additional mitigation plantings would include high bush blueberry, elderberry as well as ferns and would be installed by hand. She proposes that all of the invasive species would be removed with a mini - excavator and this would mostly be done within the No Disturb Zone. She adds that the mini - excavator is on tracks and would not be used to restore the streambed. She explains that follow up would be done quarterly to every six months to inspect plantings and monitor the invasive species. She explains that it should take about three days to remove the invasive species and a day for the restorative plantings. Discussion ensues about vertical risers in pipe and that they are expected to be removed. McFadden states that the greenhouse would be demolished and invasive species would be removed during the winter and restorative plantings done in the spring followed by construction of the tennis court. She adds that the greenhouse was residential versus commercial so no testing is anticipated once removed and clean fill will be used. Conservation Commission August 20, 2013 Meeting Minutes Page 4 of 12 Discussion ensues about 35 to 40 feet as the intervals for No Disturb Zone monument placement on the property and that areas of excavated invasive species would be re- vegetated with native species and status of plantings would be monitored quarterly or at least twice a year. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Cont: 76 Paine Avenue, DEP File #5 -1103 — Jack Swansbum John Dick, Hancock Associates representing applicant, refers to his recent letter that inquires in detail as to whether or not a peer review is needed since no engineering is proposed for repair to the revetment. He states that he does not believe that an engineer ever designed the revetment. He notes that currently there is an old granite block seawall buried in the rip -rap revetment that has a concrete cap and sheet pile structure behind the old seawall that was designed by Hayes Engineering and installed in 2002 and has been in progressive failure on the seaward side ever since. He notes that he does not know the Hayes engineer's intent as to the longevity of that design. Lang notes that Peter Ogren of Hayes Engineering is present this evening and asks Ogren his recollection of this project. Ogren explains that the sheet pile wall was installed and intended to remain in place while allowing the old granite block seawall to fail. The concrete cap was not attached and anticipated to fail along with the seawall. He notes that this was subject to a peer review at the time. Maxner responds that the peer reviewer, Rebecca Haney with CZM, did not agree with the design. She notes that it is important to keep in mind that the granite block seawall is not isolated unto itself, but rather extends along the ocean frontage of properties to the west. Dick states that the loose pile of stones are not moving and are serving to break up wave energy. He adds that his client began repairs on the wall mistakenly thinking he was covered by an emergency declaration by DEP and stopped work when he was asked to stop. Dick asks the Commission if a peer review is needed on this when there is no engineering design. Maxner asks if new stone was brought in. Dick explains that the failed concrete apron was broken up and removed and replaced with clean stone of about 18" in size. He notes some concrete rubble still remains that needs to be removed. Lang suggests that this is an emergency request without any engineering design. Dick states there was never a coherent design. Bertoni clarifies that this current proposal involves removing rubble concrete and replacing with new stone. Dick states yes. He explains that the corner of the granite block seawall extends like a bow of a ship out into the coast and receives the brunt of wave action. Maxner asks if the return along the right of way will fail and the remedy for that would be more rip rap stone. Dick says he expects future winter storms to impact the wall, but cannot predict when failure will happen, noting that he is not clear as to whether there is an engineering solution for this situation. Maxner asks if beach erosion is the cause of the wall failure considering that the beach level was much higher in the past therefore protecting the seawall from wave action. Dick concurs noting that is the story up and down the coast where very old structures are being damaged incrementally through the years due to long -term beach erosion. Bertoni asks if the remaining section of concrete apron is of any value considering it is the softest most vulnerable material out there. Dick responds that the apron is probably part of the steel sheet pile structure and he would not venture to guess of it value at this point. Conservation Commission August 20, 2013 Meeting Minutes Page 5 of 12 Lang asks if there are any questions from the audience Cara Hutchins, 60 Paine Avenue, states as a 15 -year resident she challenges that the wall was not properly engineered as it has stood for over 100 years, and notes that solution has been to add a lot of stone to the area resulting in negative impact impeding the neighbor's beach access rights. Lang notes that his observations during past site visits and asks if there is a greater volume of stone now. Hutchins states yes, even in the last six months and the stones are now much larger and harder to navigate. Lang states that the beach access rights are not something the Commission can regulate. Dick responds to Squibb's question explaining that the smaller stone area meant to fill in the voids. Squibb asks if grouting the stone in would help. Dick states that a hard -scape solution like that on a historical coastal dune is not advisable. Maxner asks if there is intention to extend the toe of the existing rip -rap slope at the beach. Dick states no. Dick notes that they resurveyed the existing survey line done in June 2013 to understand where the stone should be located. He notes that a lot of the sand has eroded away exposing more stone and concrete. Maxner says there must be supervision by the project surveyor while the contractor is doing the work. Dick agrees to oversee the rest of the work. Members agree this should be part of the Order. Bertoni asks if the limit of the seaward limit of the stone has been surveyed. Dick states yes noting that the 2013 survey plan shows the same toe of rip -rap as the as -built previously submitted. He explains that because the beach has eroded, stone has been exposed that has always been there beneath the beach surface. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 6 -0. Cont: Jewett Road, Land Court Lot 179, DEP File #5 -1104 & Bonad Road, Land Court Lot 178, DEP #5 -1106 — The 2 Bonad Road Trust c/o Andrew Santin Bob Griffin, representing the applicant, notes that the August 13 site walk was particularly well - attended including neighbors and concerns were expressed about drainage in the neighborhood. Griffin states that he met with Mike Collins, Engineering Director for the City, to discuss available options near the lots. He adds that during the site walk there was no suggestion to modify the site plan and drainage. He notes that neighbors did raise concern about pipe getting clogged and water going above the ditch and causing flooding in the area. Griffin speaks to the pipe being cleaned in January 2013 and chicken wire added at pipe opening to prevent it from clogging. He provides a revised plan that incorporates drainage improvements as discussed with Mike Collins, which include reconstructing pavement and berm to direct runoff into double catch basin and reset catch basin frame and grate to a better elevation to capture water. He notes that some work is within the 25' NDZ including sewer, water, drain line and driveway installation, for which mitigation plantings are proposed across the street closer to the stream. Squibb inquires as to the two additional lots up the hill that do not have development schemes with Griffin noting that water would continue to run down the hill to the spots identified on the current plans. Bertoni asks if pavers or pervious materials well be used for the driveway, Griffin states that is not contemplated. Conservation Commission August 20, 2013 Meeting Minutes Page 6 of 12 Maxner reviews draft Special Conditions that are based on what the Commission required for the two lots across the street. Maxner recommends the mitigation plantings be moved to the corner of Lot 178 where the large tree is going to be removed so that the plants will be under someone's care rather than orphaned across the street in the right of way. Griffin asks for flexibility in choice of native species. Lang asks if there are any questions from the audience. Residents of 20 and 22 Jewett Road ask clarifying questions about the drainage improvements with Griffin providing more detailed explanations. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Griffin inquires about a tree located on Bonad Road Lot 2 across the street and provides photos for Commissioners to review. He notes that it is within the 25' NDZ, but showing signs of decline and is leaning severely. Maxner mentions how the tree is in the NDZ but the Commission never addressed it during the hearing for this lot. She notes it is not healthy. The Commission concurs that the tree can come down. New: 1 Lake Shore Avenue — Donald & Tina Tucker Maxner reads the legal notice. The applicant The Commission issued an Enforcement Order to the previous owners (Michael & Robert Hubbard) for disturbance within the buffer zone along the side of the driveway and required replanting of the area. The replanted area is incorporated into the landscaping plan. Bob Griffin, representing the applicant, notes that this property was part of an OSRD subdivision. He explains the Tuckers are proposing to widen the existing driveway to 16 feet, install a new stonewall with a fence on top, and perform landscaping within the 100 -foot buffer zone to an Isolated Vegetated Wetland. He notes that other than removing some dead dumped debris and vegetation that is actually on the Commission control open space parcel, no work is proposed within the 25' NDZ. He notes this project is only regulated under the Beverly Wetlands Ordinance, as the wetland is an IVW, which was subject to an ANRAD in April of 2010. He explains the planting area will include 4,300 square feet, some on each side of the driveway and planting plan is included in NOI narrative. Also, a pervious parking area next to the existing pool and a pool house will be added at a later, noting that the pool house is outside the 100' buffer zone. In response to a question from the Commission, Griffin explains the 2 -foot high masonry stone wall will be installed on a crushed stone bed and 4 foot composite fence on top are being installed along the property line. In response to Squibb's question, Griffin notes that there would be a 1,300 s.f increase in impervious area due to widening the driveway and some pine trees would be removed. There would be a full- length overlay on driveway once it is widened. Maxner notes the Enforcement Order issued to the Hubbards, who had done some disturbance on the easterly side of the driveway and the Commission had required them to replant the area. Griffin notes that the plants were installed. Maxner suggests that the enforcement order plants be incorporated into the proposed landscaping and their survival be monitored and maintained per the enforcement order. Griffin states that would not be a problem as they can be taken care of as part of the new landscape plan. Conservation Commission August 20, 2013 Meeting Minutes Page 7 of 12 Resident of 1 Cavendish Square questioned the drainage to Lawrence Brook and expressed concern about erosion. Griffin suggests this inquiry be directed to the public works department since it does not have anything to do with the Tuckers' as no blasting is proposed. Maxner explains that the majority of the lots in the area do not come under the Commission's jurisdiction and erosion control is administered by the City's Engineering Department. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 6 -0. New: 66 Paine Avenue — John Godfrey Maxner reads the legal notice. Peter Ogren, Hayes Engineering, representing the applicant, addresses the Commission explaining the applicant is proposing construct a new single - family house with associated appurtenances and install a subsurface septic system within the 100 -foot buffer zone to an Isolated Vegetated Wetland and it does not appear that any work is proposed within the 25' NDZ. This project is only regulated under the Beverly Wetlands Ordinance, as the wetland is an IVW. Ogren notes that notice was given twice to abutters and he presents receipt cards to Maxner. Ogren explains that there is a water line that runs along Paine Avenue so a water line would be constructed along the edge of common driveway (which has a common driveway agreement) up to proposed dwelling just outside of 100 -foot buffer zone. The new impervious surface for the proposed driveway and parking area outside of garage would be outside the buffer zone. Ogren provides details as to the septic system design and construction. Lang asks at what elevation was ground water encountered in the test pits. Ogren notes that the system must be 4 feet above any motteling and reviews the test pit logs. Discussion ensues about new water line going in since original line was 110 years old and will be used for 400 feet. Maxner mentions that she spoke to contractor Paul Drinkwater who said a new water main was being installed and she agreed he could install the water line up to the buffer zone and an RDA would have to be filed for the rest. Cara Hutchins, 60 Paine Avenue, mentions that the water main is not the liability of the City but is the responsibility of Paine Avenue residents, she notes that water main breaks occur in the area annually and expresses concern about protection of wetland. The Commission agrees a site visit would be helpful. The Commission asks the applicant to stake out the building corners, front -end of septic system and water line at the site prior to the Commission's site walk. There being no further questions from the Commission or the public, Paluzzi moves to continue to the September 10 meeting pending a site visit scheduled for September 3 rd at 6:00 p.m. Seconded by Grant. The motion carries 6 -0. New: 441 Hale Street — Helen Greiner Maxner reads legal notice. Bill Manuell from Wetlands Land Management, and Laura Gibson are present for the applicant. Manuell notes that last year an ANRAD was filed to delineate wetland resource areas. He summarizes the resource areas that were verified on the site including riverfront, coastal bank, dune, Conservation Commission August 20, 2013 Meeting Minutes Page 8 of 12 beach, and BVW. This NOI was filed to renovate existing boat house along the beach, re -point and replace any lost stones in 178 feet of masonry wall, add stairs to ease transition between deeded access path from Landmark School to the beach, remove 9 feet of wall to facilitate hauling boats up from the beach for storage, remove invasive species in immediate area of work and replant with native species. He explains the steps would be fabricated offsite and then installed with pins or hooks in the masonry wall and can be removed when storms are forecast and during the winter. He describes proposal to remove 9 feet of the wall which would enable hauling a boat up from the beach to the grassy area behind the wall. Tarps would be used to collect any debris from work using sledgehammers or pneumatic drill. He explains details about proposed renovation to the cabana noting that it is engulfed in vegetation, the fascia, siding and roof need work. Also, plan calls for moving a wall to decrease deck and increase inside storage, the footprint would stay the same. Manuell describes plans to remove invasive species including a locust tree where stumps would be removed, grade restored, soil brought in and area restored with native species. The work would occur in the No Disturb Zone and is subject to coastal storm flowage so a waiver is required to repair the structures so they will not fail. Bertoni asks about the footings of the cabana. Manuell notes that will be repaired as needed but not removed or replaced. Paluzzi moves to continue to the September 10 meeting with a site visit scheduled on September 3 rd at 6:30 p.m. Seconded by Herbster. The motion carries 6 -0. OLD/NEW BUSINESS New: 46 Prince Street — Tree Removal Request, DEP File #51046 — Minor Modification - John Godfrey Peter Ogren, Hayes Engineering, representing the applicant. Ogren explains that John Godfrey has an open Order of Conditions on the property that was previously owned by Mr. Carnevale and he purchased the house eight months ago. Ogren notes that John Howard is the landscape architect hired relative to the proposed tree removal. He describes how the trees are in poor condition such as the Norway maples since they had concrete surrounding them, the black locust trees are losing branches and are close to the masonry seawall where it is getting pushed forward by the tree roots and will ultimately cause the wall to fail. He adds that there is a planting plan for area that would have the same landscape treatment as previously approved by the Commission. The total number of trees slated for removal is 14 where two have been already removed. Ogren mentions that the black locust is an invasive and known to become diseased. Lang notes that the Norway maple and black locust are the most frequently requested trees to be cut. Discussion ensues about these trees relative to their condition on the wall and coastal bank. Ogren suggests that the trees would have stumps flush cut. Discussion ensues relative to requiring Ogren to submit a Minor Modification. The Commission schedules a site visit for Tuesday, September 3 rd at 7:00 p.m. or 7:15 p.m. or at 5:45 p.m. depending Conservation Commission August 20, 2013 Meeting Minutes Page 9 of 12 upon when Commissioners can get to the site to see the tagged trees in the daylight. Ogren offers to have Mr. Howard attend the site visit. New: 17 Neptune Street — Barry & Marie Fortuna Maxner states she has corresponded via email with Barry & Marie Fortuna of 17 Neptune Street. The Commission issued a Negative # 3 Determination of Applicability for limbing trees and trimming shrubs along the property line, which is at edge of wetland, and prepare the area for gravel. Maxner told Mr. Fortuna that he must prepare a formal re- planting plan with the assistance of a landscape contractor. Maxner refers to the Fortuna's coming before the Commission for property improvements that did not address tree removal. Discussion ensues with Mr. Fortuna about landscape contractor's suggestions for arborvitaes, ivy in new loam to secure banking, and dogwood as mitigation plantings which would be added to the plan in preparation for the September 10 Commission meeting. New: 43 Taft Avenue — Enforcement Order follow up Maxner describes how Associate Planner Kirk Baker had done a site visit and seen Mr. Cotraro dumping grass clippings and yard waste. She relates conversation with Mr. Cotraro who was willing to remove what he dumped but he noted that clippings and yard waste is from other neighbors as well from people outside of the neighborhood. Maxner mentions that Mr. Cotraro has made a genuine effort to correct what he dumped in the wetlands relative to the Enforcement Order. She recommends lifting the Enforcement Order on the owner of 43 Taft Avenue, writing a blanket letter to the neighborhood explaining the situation and including information about the Beverly compost facility. Discussion ensues for the Commission to consider signage that would include positive wording encouraging people not to dump material in the sensitive wetland area and information about consequences of violations. Paluzzi moves to lift the Enforcement Order of 43 Taft Avenue. Seconded by Bertoni. The motion carries 6 -0. Maxner offers to draft a letter and research language that the Commission can consider for signage. New: Birch Plains Park — Request to hold concessions on site Maxner reports the Commission received a letter from Suzanne Goodwin, Soccer Booster. Ms. Goodwin is asking permission to hold a concession stand at Birch Plains Park (the former Vitale Site) to help fundraise for the Beverly High School boy's soccer team. She notes the Commission will recall receiving similar requests from Bruce Doig, Recreation Director, and a letter of permission was issued to him. She explains that because this property is under Article 97, (i.e. public open space under the care and custody of the Commission) commercial use of the property, especially permanent, is generally prohibited but the Commission has allowed fundraising activities especially for non - profit enterprises. Conservation Commission August 20, 2013 Meeting Minutes Page 10 of 12 Squibb moves to allow Soccer Booster to hold a concession stand, with the following conditions 1. All trash and debris is contained in appropriate receptacles. Any trash or debris that is not contained or blowing loose on the property must be picked up and disposed of properly. 2. If possible, plastic bottles, metal cans and paper should be recycled and recycling receptacles be made available on site. 3. The Commission shall be informed of any changes to the program or its schedule. Seconded by Grant. The motion carries 6 -0. New: Minor Project Permits Issued by Administrator Minor Project Permit issued for 11 Columbia Road. Members review and have no comments. ORDERS OF CONDITIONS 28 Paine Avenue, DEP File #5 -1101 Discussion ensues as to the draft Special Conditions and other potential conditions to assign to the project. Bertoni moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to construction, the applicant shall secure an environmental monitor, who shall be responsible for monitoring all activity within jurisdictional areas to ensure compliance with this Order. The monitor shall be a professional engineer or wetland scientist and can be the project wetland scientist /firm. The monitor's name and contact information shall be provided to the Commission. 2. The monitor shall visit the site at least once every other week during the active phases of construction that occur within the 100 -Foot Buffer Zone (100' BZ). 3. Prior to work commencing on the tennis court project, the wetland and intermittent stream planting plan shall be executed. 4. No heavy equipment shall be allowed in the wetland during any phase of the project. 5. The environmental monitor shall be on site to supervise and verify the following phases of site work: a. At the time of streambed reestablishment as described on the approved plans and accompanying memo; b. Removal of invasive plant species. c. At the time of installation of wetland /intermittent stream plantings to ensure proper placement and planting methods. 6. Areas of invasive plant removal shall be re- vegetated with native species. 7. Invasive species monitoring shall be performed quarterly for the first three quarters in a row, and at least twice per year thereafter. 8. The wetland /intermittent stream plantings shall exhibit at least 75% survivorship after two growing seasons post installation and survivorship shall be verified by the monitor. Conservation Commission August 20, 2013 Meeting Minutes Page 11 of 12 9. Weather resistant monuments shall be installed at 35 to 40 -foot intervals along the limit of the 25' No Disturbance Zone bearing the following language: "No Disturbance of Any Kind Beyond This Point Per Order of the Beverly Conservation Commission ". The monuments shall be no less than 2 feet or more than 4 feet above grade to ensure visibility in the field. Seconded by Squibb. The motion carries 6 -0. 76 Paine Avenue, DEP File #5 -1103 Discussion ensues as to conditions to assign to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The tow of the stone rip -rap revetment shall not extend any further seaward than as shown on the plan entitled "Exhibit Plan 76 Paine Avenue, Beverly, MA 01915" prepared by Hancock Associates, signed and stamped by John G. Dick, scale F =20', dated June 27, 2013. 2. The project land surveyor, John Dick of Hancock Associates, shall be on site during ALL remaining phases of work to monitor and direct the contractor as to proper size and placement of proposed stone rip -rap. 3. The project land surveyor shall attend the pre - construction meeting. Seconded by Herbster. The motion carries 6 -0. Lot 178 and Lot 179 Bonad Road Discussion ensues as to conditions to assign to the project. Bertoni moves to issue Standard Conditions and the following Special Conditions as discussed: Prior to work commencing, a written approval of the proposed roadway and catch basin drainage improvements (email is sufficient) from Michael Collins, Commissioner of the Department of Public Services and Engineering, shall be submitted to the Commission for its file. This is to ensure that Mr. Collins has reviewed and approved of the proposed roadway and catch basin drainage improvements, which include installing a silt sack in upper catch basin, reconstruction of pavement and berm to redirect storm runoff to lower double catch basin, and reset frame and grate of lower double catch basin. 2. To ensure compliance with the approved plan, the project engineer shall be on site to supervise and verify the following phases of site work: a. Verify final elevation of bottom of foundation excavations; b. Supervise installation of Stormtech recharge trench and chamber; photo documentation of installation shall be provided to the Commission; c. Supervise all final grading of site to ensure proposed grades are not exceeded; d. Supervise all roadway and catch basin drainage improvements. 3. The proposed mitigation plantings shall be installed within the vicinity of the large diameter tree slated for removal at the northwest corner of Lot 178. The species of said plantings may differ from that called out on the approved plan, but must be native to New England. Conservation Commission August 20, 2013 Meeting Minutes Page 12 of 12 Seconded by Grant. The motion carries 6 -0. 1 Lake Shore Avenue, Local IVW Discussion ensues as to conditions to assign to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The mitigation plantings as required under the August 23, 2012 Enforcement Order (EO) issued by the Commission to the previous owner of the subject property (Beverly Lake Shore, LLC c/o Robert Hubbard) shall be incorporated into the eastern planting area. See attached copy of EO and photos of shrubs installed in response. 2. The August 23, 2012 Enforcement Order shall be revisited for closure when a request for Certificate of Compliance is submitted for this project, provided that the subject plantings exhibit at least 75% survivorship. 3. The the bottom of the proposed fence shall be at least 3 inches above the surface of the top of stonewall to allow for wildlife movement. Seconded by Bertoni. The motion carries 6 -0. Squibb left the meeting at 10:11 p.m. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION ( ANRAD) 108 West Street — Symes Development & Permitting c/o Jeff Rhuda Paluzzi moves to approve the ANRAD as modified with the understanding that Curt Young will provide a follow up letter citing his agreement with the revised plan, with date noted. Seconded by Bertoni. The motion carries 4 -0 -1 with Grant abstaining. Grover Street, Map 95 Lot 8 (79 Dodges Row, Wenham) — 79 Dodges Row Trust c/o Angus West Bertoni moves to approve the ANRAD for Grover Street as modified. Seconded by Herbster. The motion carries 5 -0. New: Expenditure Approvals Paluzzi moves to pay the $50.00 invoice for Jeffrey Roelofs, the Commission's special counsel relative to the 50 Dunham Road ANRAD appeal, for his services rendered in July. Seconded by Bertoni. The motion carries 5 -0. Adiournment There being no further business before the Commission, Paluzzi moves to adjourn at 10:20 p.m. Seconded by Herbster. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, September 10, 2013 at Beverly City Hall, 191 Cabot Street.