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2014-04-29CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: April 29, 2014 BOARD MEMBERS PRESENT: Christine Bertoni - Chair, Robert Buchsbaum - Vice Chair, Stephanie Herbster, Paul Knight, Tony Paluzzi, Robert Russo, and Bill Squibb BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Council Chamber, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE Cont: 412 Hale Street, DEP File #5 -1081 — landscape & pedestrian access improvements at academic building — Landmark School Maxner reminds the Commission this item was continued to the May 20, 2014 meeting and she expects to be able to conduct a final site inspection prior to that meeting. Cont: 412 Hale Street, DEP File #5 -909 — athletic complex, new field, gymnasium & parking — Landmark School Maxner reminds the Commission this was continued to the May 20, 2014 meeting, and follow up information is expected to be submitted for that meeting and she will conduct a final site inspection as well. New: West Street, (167, 171, 175, 179, and 183 West Street), DEP File #5 -988 DEP File #5 -988 — Preston Bradford Maxner explains the Order, issued in August of 2008, governed the installation of new transformers and handholes, burying new underground electrical conduit, and removing overhead lines and poles in West Street and adjacent residential properties within Salt Marsh, Land Subject to Coastal Storm Flowage, Riverfront Area and 100 -Foot Buffer Zone. Maxner explains that she was unable to conduct a final site inspection in time for the meeting and has asked the applicant for a continuance to the May 20 meeting. Paluzzi moves to continue this to May 20, 2014 meeting. Seconded by Squibb. The motion carries 7 -0. Conservation Commission April 29, 2014 Meeting Minutes Page 2 of 11 REQUEST FOR DETERMINATION OF APPLICABILITY New: 245 Dodge Street — Henry & Donna Bertolon Maxner reads the legal notice. Robert Griffin is present for the applicant, and explains the request is to remove a large pine tree that is experiencing failure. He notes this tree is located within the 25' No Disturb Zone to bordering vegetated wetland that is adjacent to the inland bank of Norwood Pond. A 4' diameter pine tree is located near the property line where a large piece fell off this winter. Griffin opines that the tree is endangering the property and the residents. The proposal is to flush cut the tree at ground level and remove it from the area. Discussion ensues about how there is a large wooded area to the east where pine trees are located which is good for habitat. Equipment access to remove tree will come from driveway and across lawn with a crane coming around the house. Griffin states that no mitigation is being proposed since the area is well vegetated and there is mostly lawn where some areas are cut four times a year. Discussion addresses how temporary erosion control could be installed on the slope. Any disturbed areas would be mulched or seeded with straw put over it. Also mentioned is that the tree is approximately 70 feet tall and would have to be removed in pieces. Paluzzi moves to issue a #3 Negative Determination with conditions that erosion control be located along 25' No Disturb Zone and use of straw to cover any reseeded disturbed areas. Seconded by Buchsbaum. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 7 -0. ABBREVIATED NOTICE of RESOURCE AREA DELINEATION Cont: 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building — Endicott College c/o Dennis Monaco Joe Orzel representing the applicant summarizes how the Commission has viewed the new flagging with no changes and observed potential vernal pool as part of its April 5 th site walk. He explains additional flagging for MHW along the river and bordering vegetated wetland was done to the west of flag RR19 at the Commission's request. Orzel has not seen any evidence of vernal pool activity in the area although this has been shown on the site plan as a potential vernal pool. Bruce Swenson, 31 Hoyle Street, addresses possibility of vernal pool in area. Maxner addresses procedural history and refers to draft set of findings that she has prepared, which are under the State "A and Beverly's local wetlands Ordinance. Commission members review and discuss the draft. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. Conservation Commission April 29, 2014 Meeting Minutes Page 3 of 11 A member of the audience notes that he could not hear the Commission's discussion and inquires as to what just transpired. He asks if the public will have a chance to speak at this hearing. Paluzzi moves to re -open the hearing to give the public a chance to comment. Seconded by Buchsbaum. The motion carries 7 -0. Bruce Munson, 31 Boyles Street, suggests that the Commission should consider noise and light pollution as the result of what is happening at the school when players go onto the field. He notes the walking paths near wetlands are now full of trash and school cleans this once a year in the spring. Discussion ensues as to whether the College's hockey rink project is within 200 -Foot Riverfront or the 100 -foot buffer zone. Maxner notes that based on preliminary plans that she has reviewed, all activity is outside the Commission's jurisdiction. Jurisdiction will only be triggered unless or until any activity such as stormwater runoff impacts the wetlands, buffer zone or riverfront. Peter Tarr, 3 Brooks Circle, notes that groundwater is protected by the local Ordinance. He explains how a private well was damaged due to activity by the College nearby and questions impact on groundwater if blasting is used for this new project, and suggests City solicitor could provide a legal opinion. Maxner clarifies how the Commission is limited in its jurisdiction looking at wetland resource area and authority stops for activity outside of jurisdiction. Abutters speak to how a hydrogeologist was hired by the abutters to look at issues related to groundwater in a previous project done by the College that were presented to the Commission. Gail Nelson, 5 Brookhead Avenue, asks who is responsible for monitoring the impact on the resource area (i.e., pre- and post - construction survey) and who would take action as a result. Maxner notes that a pre - construction consultation with the City's Engineering Department would have purview relative to its stormwater and site grading ordinances, while Maxner and the Commission would continue to monitor and have responsibility for resource area and enforcement if there is direct impact to the buffer zone. The City's Engineering Department requires a property owner to annually report on stormwater structures as part of long -term operational maintenance. There being no further questions from the Commission or the audience, Paluzzi moves to close the public hearing. Seconded by Buchsbaum. The motion carries 7 -0. 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 has received request to continue this until the May 20, 2014 meeting. Paluzzi moves to continue. Seconded by Squibb. The motion carries 7 -0. Cont: Foster Street, DEP File #5 -1109, construct drain connection to municipal system, and associated drainage -- Lindallwood Realty Trust c/o John Keitly Conservation Commission April 29, 2014 Meeting Minutes Page 4 of 11 Maxner states the Commission has received a letter from the applicant's attorney dated April 29, 2014 stating that the applicant is withdrawing this NOI from consideration without prejudice. Paluzzi moves to accept the letter of withdrawal without prejudice. Seconded by Squibb. The motion carries 7 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement, DEP File #5 -1110, relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Maxner reminds the Commission the hearing has been continued to the May 20, 2014 meeting. Cont: Cabot & Herrick Streets, DEP File #5 -1116, replace section of 3'x 4' stone box culvert with new 42 -inch RCP, reconstruct retaining wall — City of Beverly c/o Michael Collins Commissioner Department of Public Works & Engineering Herbster recuses herself from this discussion and leaves the room. Shallon Fitzgerald, of Dewberry Engineering, representing the applicant, summarizes that this project involves replacing a section of box culvert with a 42" pipe, replacing the headwall, dredging silt built up in front of the culvert, lowering the bank profile and installing rip rap along the side slopes of the bank. She explains the additional information provided as requested by the Commission and plan revisions made for more clarification. Discussion ensues as to the project's eligibility as a Limited Project, with Buchsbaum noting that after having seen the site and his understanding that the 66" pipe is the actual stream crossing, he is comfortable with that determination. Berntoni confirms that the streambed elevation will not be changed as it enters the culvert with the exception of the removal of sediment. Fitzgerald confirms noting that they only want to reestablish pre- existing inlet elevation to the bottom of the pipe. Maxner briefly reviews a draft set of special conditions with the Commission and Fitzgerald. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. Herbster returns to the meeting. Cont: 5 Quincy Park — repair seawall — Jack Altshuler Bob Griffin representing the applicant requests this be continued to the May 20, 2014 meeting. Paluzzi moves to continue. Seconded by Buchsbaum. The motion carries 7 -0. Cont: 38 Whitehall Circle — site work associated with the construction of a new single- family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale & 40 Whitehall Circle — construct new single- family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Conservation Commission April 29, 2014 Meeting Minutes Page 5 of 11 Bob Griffin representing the applicant describes how in response to the Commission's feedback at the site walk, the erosion control line has been moved closer to the toe of graded slope so as to limit needless disturbance within the westerly corner of Lot 26. Also, the rip -rap velocity reducer has been rerouted so as not to impact the large tree located just west of the outlet and within the 25' NDZ on Lot 25. Bertoni asks if there are any questions from the audience. There are none. Maxner reviews draft special conditions. There being no further questions from the Commission, Squibb moves to close the public hearing. Seconded by Paluzzi. The motion carries 7 -0. Cont: 50 Dunham Road — install stormwater management structures — Anderson Clarke, LLP Michael Aveni representing the applicant. He provides a recap of the project and changes made to the plan based on feedback provided by the Commission at the recent site inspection. Discussion ensues about changes made on site plan relative to the Commission's requests, recharge area for 100 -year storm, as well as rip -rap and outflow from bio- retention area. Discussion addresses how eight trees would be removed and area seeded with herbaceous mix with once a year mowing. The representative describes how snow storage on the site would be to the west end of the parking lot not in the resource areas and could be closer to the garage. Discussion ensued on the timing for restorative shrubbery plantings in middle of October, with survivorship percentage of 75 %. The representative describes how storm structures will be on a maintenance plan for cleaning with deep sumps cleaned twice a year, and sweeping regimes done once a year, and inspections of catch basins done four times a year and cleaning twice a year. Paluzzi moves to close the hearing. Seconded by Knight. The motion carries 7 -0. New: 10 Sunnyvale Street — construct attached garage, driveway, patio & shed — Scott Tarnowski Maxner reads the legal notice. Bob Griffin, Griffin Engineering, Scott & Jeanne Tarnowski are present. Griffin describes how the half acre property abuts a perennial stream at the northern end of the property. He notes that there is a 25' wide sewer easement that runs through the property. The applicant is proposing to construct an attached 2 -story garage that will have no internal drainage and have living space above, install additional driveway area consisting of stone dust, a patio and a small shed on blocks surrounded by crushed stone within 200 -Foot Riverfront and 100 -foot buffer zone to bordering vegetated wetland. A portion of the activity will be within the 25' NDZ to BVW, for which mitigation plantings are proposed. Dry wells will be installed in front and back of the property to address stormwater capacity coming off of roof. There would be an associated maintenance requirement. Additional water will drain off driveway to catch basin in street and onto the area that is lawn. Griffin mentions that room will be provided for snow storage. Additional impervious area will be 1,700 square feet. There is no containment around the pervious stone dust driveway and lawn. He explains that Conservation Commission April 29, 2014 Meeting Minutes Page 6 of 11 topsoil and subsoil will be removed as part of driveway installation. A large tree at the street will be preserved during construction. There will be no more mowing of the BVW. Bertoni asks if there are any questions from the audience. (There were some questions) Brief discussion ensues as to elements of the project. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. A member of the audience notes that he could not hear the Commission's discussion and inquires as to what just transpired. He asks if the public will have an additional chance to speak at this hearing. Paluzzi moves to re -open the hearing. Seconded by Squibb. The motion carries 7 -0. Resident of 8 Sunnyvale asks if the stonedust of the new driveway will be plowed into the wetland. Griffin responds that snow removal may result in some stone dust migrating but that it would be raked back onto the driveway. Resident of 9 Sunnyvale Street, expresses concern about use of driveway and migration of stone dust. Treatment could be provided to the stone dust to keep it in place but it is not currently contemplated. Discussion ensues about what equipment the applicant, who is as contractor, will store at the site. Maxner notes that storage of construction equipment would have to comply with zoning regulations. There being no further questions from the Commission or the audience, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 7 -0. New: 5 Curtis Point — construct porch and deck additions — Andrew Crocker, Andrew Crocker Architecture/Desi2n Maxner reads legal notice. Peter Ogren, Hayes Engineering, representing the applicant. He explains the applicant is proposing to construct a wood porch and deck additions on the water -side of the house within the 100 -foot buffer zone to coastal bank. The roof runoff will be handled by way of crushed stone drywells outside of 25' NDZ. There is a mowed lawn area and stand of trees in front of the house. The deck will be supported by concrete piers, and manual excavation will occur at the site where there is sandy bank and excavated material will be taken offsite. The Commission reviews the plan and discussion ensues as to the design of the drip trench and deck footings. Ogren will provide more detail on both if necessary. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. The Commission takes a 10- minute break. Conservation Commission April 29, 2014 Meeting Minutes Page 7 of 11 Orders of Conditions 50 Dunham Road — install stormwater management structures — Anderson Clarke, LLP Maxner reads from and summarizes the Regulations and waiver criteria for the 100 -foot no disturb zone. Extensive discussion ensues as to the waiver criteria and how the applicant met the burden of providing sufficient alternatives analysis. Paluzzi moves to grant the waiver based on the discussion of findings. Seconded by Buchsbaum. The motion carries 7 -0. Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, erosion controls shall be installed between the existing building and the un- certified vernal pool to contain the work related to extending the pedestrian walkway. 2. All proposed enhancement plantings shall be installed no later than October 15, 2014. 3. All enhancement plantings shall exhibit 75% survival rate not less than two (2) growing seasons post installation. 4. Once the subsurface stormwater recharge system has been installed and brought on -line, the design engineer, a member of the Conservation Commission and /or its Administrator shall conduct a site inspection to observe said system and its appurtenances immediately after a 2 '/z inch 24 -hour precipitation event to ensure proper function. Based on observations made during that site inspection, the Commission reserves the right to conduct additional inspections after the next precipitation event and evaluate the need for system adjustment to protect the wetland resource area and no disturb zone. 5. Mowing within the vicinity of the subsurface stormwater recharge system within the 100 - foot no disturb zone to the certified vernal pool shall be conducted only once annually in the late fall. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 6. Mowing within the vicinity of the subsurface stormwater recharge system within the 100 - foot no disturb zone to the certified vernal pool shall be at a height at not less than 6 (six) inches. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 7. Snow storage shall be prohibited in any of the no disturb zones on the site. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 8. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31 of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 7 -0. 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building — Endicott College c/o Dennis Monaco Conservation Commission April 29, 2014 Meeting Minutes Page 8 of 11 The Commission discusses the draft findings in preparation of issuing of ORAD as amended. Paluzzi moves to approve the findings as amended. Seconded by Knight. The motion carries 7 -0. Paluzzi moves to issue the ORAD as modified by the Commission. Seconded by Squibb. The motion carries 7 -0. Cabot & Herrick Streets, DEP File #5 -1116, replace section of 3'x 4' stone box culvert with new 42 -inch RCP, reconstruct retaining wall — City of Beverly c/o Michael Collins Commissioner Department of Public Works & Engineering Discussion ensues as to possible conditions for the project and the Commission's findings as to waiver criteria for incursion into the 25' NDZ. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. 100% construction plans shall be submitted and formally presented to the Conservation Commission prior to commencing construction with a narrative that details the differences between these and the plans that were presented to the Commission during the public hearing. 2. 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 wetland scientist and her /his name and contact number shall be provided to the Commission. 3. The environmental monitor shall prepare and sign a letter on their own letterhead confirming that he /she has been retained as the monitor for the project and submit said letter to Conservation Commission prior to the pre - construction meeting. 4. The environmental monitor shall visit the site at least once weekly during the active construction phases of the project to inspect for compliance. The monitor shall submit a report monthly to the Commission or its Agent reporting inspection dates, status and compliance of construction, any erosion control maintenance requirements, and who at the project site was informed. Reports may be submitted by electronic mail. 5. Rip -rap material shall be clean, free of sand, trash, stumps, roots, and other deleterious or foreign material. 6. Prior to construction, a copy of the contractor's Soil Management Plan shall be submitted to the Commission in electronic format. 7. Handling and disposal any and all dredged material or excavated soil shall be in accordance with all DEP regulations. Any detection of contaminants that triggers LSP involvement shall be reported to the Commission in writing. 8. Prior to construction, the environmental monitor, a representative from the City and a member of the Conservation Commission and /or its Administrator shall perform an on -site visual inspection of the stream banks upstream of the work area. The entire length of the channel located on the City property or abuts City property shall be inspected to identify areas of erosion or destabilization. 9. The environmental monitor shall write a report of the findings of the inspection required in Special Condition # 8 above, and shall include photo documentation in his /her report. The report shall be submitted to the Conservation Commission and the Department of Public Services and Engineering. Conservation Commission April 29, 2014 Meeting Minutes Page 9 of 11 10. The proposed highbush blueberry plantings shall exhibit 75% survivorship not less than two growing seasons post installation. 11. The two (2) proposed box elder maple trees shall exhibit 100% survivorship not less than two growing seasons post installation. If these trees should fail, replacement trees shall be required. Seconded by Squibb. Herbster abstains. The motion carries 6 -0 -1 (6 in favor, 1 in abstension). 10 Sunnyvale Street — construct attached 2arne, driveway, patio & shed — Scott Tarnowski Discussion ensues as to possible conditions for the project and the Commission's findings as to waiver criteria for incursion into the 25' NDZ consisting of mitigation plantings. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. As discussed with and agreed to by the project engineer and the applicant during the April 29, 2014 meeting, the proposed 8' x16' utility shed shall be installed outside the first 100 feet of the Riverfront Area. 2. As discussed with and agreed to by the project engineer and the applicant during the April 29, 2014 meeting, any contemplated or proposed chemical or binding treatment to the stone dust driveway shall be brought to the Conservation Commission for its review and approval. The Commission shall have the discretion to approve or disapprove any proposed treatment. 3. As discussed with and agreed to by the project engineer and the applicant during the April 29, 2014 meeting, mowing of the Bordering Vegetated Wetland located along the northerly property boundary shall cease in perpetuity and the wetland shall be allowed to re- naturalize. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 4. The mitigation planting area shall be kept free of stone dust, and should any stone dust migrate to this area, the area shall be cleaned yearly. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 5. Dumping of snow within the Bordering Vegetated Wetland and mitigation planting area shall be prohibited. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 6. Aside from mowing the existing extent of lawn on the property, no other existing trees, shrubs or ground cover shall be cut, cleared or otherwise disturbed without the prior approval by the Conservation Commission. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 7. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 8. The Commission shall not issue a Certificate of Compliance until the mitigation plantings exhibit 75% survivorship for not less than two growing seasons after their installation, and the three mitigation trees exhibit 100% survivorship not less than two growing seasons after their installation. Seconded by Knight. The motion carries 7 -0. 38 Whitehall Circle — site work associated with the construction of a new single- family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale & 40 Conservation Commission April 29, 2014 Meeting Minutes Page 10 of 11 Whitehall Circle — construct new single- family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Discussion ensues as to possible conditions for 38 Whitehall Circle. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The stone bounds along the 25' NDZ shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Prior to any work commencing the Conservation Administrator shall inspect the installed plaques. 2. Photo documentation of physical installation of the drainage /drywell structures shall be submitted to the Commission for its file. 3. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 7 -0 Discussion ensues as to possible conditions for 40 Whitehall Circle. Squibb moves to issue Standard Conditions and the following Special Conditions as discussed: The stone bounds along the 25' NDZ shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Prior to any work commencing the Conservation Administrator shall inspect the installed plaques. 2. Photo documentation of physical installation of the drainage /drywell structures shall be submitted to the Commission for its file. 3. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 7 -0. 5 Curtis Point — construct porch and deck additions — Andrew Crocker, Andrew Crocker Architecture/Design Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, a revised plan shall be submitted to the Commission showing the following: a. The locations of the footings to support the porch and decks; b. Crushed stone underneath the decks designed to capture runoff from the porch roof/deck — with specifications of not less than 2" of crushed stone beneath the decks and not less than 3" at perimeter to capture runoff from the downspouts. 2. Prior to work commencing, snow fencing shall be installed outside the 25 -foot no disturbance zone to constitute a limit of work line; 3. All excavated material shall be removed from site and disposed of at an appropriate facility; Conservation Commission April 29, 2014 Meeting Minutes Page 11 of 11 4. All areas of ground disturbance shall be immediately reseeded and returned to original condition or protected during non - growing season to ensure stabilization and prevent erosion. Seconded by Buchsbaum. The motion carries -0. Herbster leaves the meeting for the evening. OLD/NEW BUSINESS New: Planning Board Request for Comments — 232 Essex Street OSRD Site Plan Application #4 -14 — Applicant: DiBiase Corporation Maxner explains the Commission issued an Order of Conditions for the definitive conventional subdivision plan that served as the yield plan for the OSRD site plan review process. Comments for the Planning Board from the Commission are for ecologically sensitive areas within its jurisdiction including wetlands, water bodies, and buffer zones as it relates to the conceptual plan. Discussion ensues while the Commission reviews the conceptual plans. After due consideration, the Commission agrees to write a comment letter to the Planning Board encapsulating points raised during this discussion. Maxner will draft a letter to the Planning Board that will be reviewed by Bertoni and Buchsbaum before it is sent out. Paluzzi moves to issue the letter to the Planning Board as discussed. Seconded by Buchsbaum. The motion carries 7 -0. Minor Project Permits Issued by Administrator Maxner notes that additional information for the addition at 10 Evelyn Road has been provided. The Commission reviews the information and briefly discusses the project and potential conditions. Buchsbaum moves to accept additional information and grant the Minor Project Permit with conditions as discussed. Seconded by Paluzzi. The motion carries 7 -0. Maxner states she worked with the owner of 26 Ashton who proposed to construct a 20' by 32' above ground pool (swim area of 16' by 24', and pool is 4' deep). Discussion ensues on intermittent stream with a bank that serves as a drainage ditch for road runoff drainage. Mr. Smith wanted to locate the pool at the back of his property near the intermittent stream, which would have required an RDA. Maxner had suggested relocating the pool closer to the deck, which would qualify it for a minor project permit. She explains that a slope would have to be cut into to establish a level are for the pool, and access to fill the pool would be from the driveway along the garage. Paluzzi moves to approve the Minor Project Permit for 26 Ashton Street with conditions as discussed. Seconded by Squibb. The motion carries 7 -0. Adiournment There being no further business to discuss, Buchsbaum moves to adjourn at 11:35 p.m. Seconded by Paluzzi. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, May 20, 2014 at Beverly City Hall, 191 Cabot Street 2013 at Beverly City Hall, 191 Cabot Street.