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2014-09-09CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission September 9, 2014 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Paul Knight, Bill Squibb, Tony Paluzzi — arrived @ 8:50 p.m. None Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly, MA. Proposed Executive Session — Pursuant to MGL Ch. 30A, section 21, purpose no. 3: To discuss strategy with respect to litigation (Seli2er v. Beverly Con Com, ESCV 14 -922) Bertoni entertains a motion to enter into executive session pursuant to MGL Ch. 30A, section 21, purpose no. 3: To discuss strategy with respect to litigation (Seliger v. Beverly Con Com, ESCV 14 -922), and when finished return to regular session meeting. Buchsbaum so moves, seconded by Herbster. Bertoni takes a roll call: Herbster — Yeah, Buchsbaum — Yeah, Knight — Yeah, Squibb — Yeah, and Bertoni — Yeah. The Commission adjourns its executive session and returns to regular meeting at 7:50 p.m. REQUEST FOR DETERMINATION OF APPLICABILITY New: Beverly Harbor — expose section of existing Hub Line Pipeline using hand ietting techniques as part of weld seam survey — Algonquin Gas Transmission, LLC Maxner reads the legal notice. John Bonsall, attorney for Algonquin Gas, addresses the Commission and explains the applicant will be installing a Salem lateral line from existing outlet in Beverly Harbor to connect to Salem power plant. He explains that a full NOI application will be filed later this month for the full project. Richard Paquette, of TRC Associates, describes pre - construction activity for weld seam survey on existing pipeline transmissions in Beverly Harbor. The 1.2 mile pipeline Salem lateral project will connect from footprint of existing harbor station to the existing hub -line pipeline with well seam. Physical survey will need to be performed to confirm connection location. Area around hub -line will be excavated for dive support to get down to the pipe for inspection and Conservation Commission September 9, 2014 Meeting Minutes Page 2 of 13 well seam identification. The clearing of the pipe is on the Salem side of Beverly Harbor with activity occurring in resource area in Salem and within 50' which falls within the Commission's jurisdiction. The excavation will occur over the Beverly city line in Salem to a depth of 7' with 80 cubic yards of material being excavated so divers can video to confirm location of pipeline wel seam. Once the work is done the area will be backfilled. This short term activity (one week maximum) is scheduled to occur in mid - October and involves a dive crew off of a support vessel. Expected timeline is a set -up day, up to three days to do excavation and backfill with fill material that matches what is there now in the wetland resource area. A focused area is where the jetting excavation will occur during daylight, and no eel grass was identified in the construction area. Paquette notes that the project team has considered impact of sediment from jetting plume in a small concentration relative to natural variation that can occur from storm events. No tidal issues are expected with shallow draft vessel to be used. The work will occur outside of fish spawning timeframe. A spill plan was not submitted but Algonquin has a standard plan that can be electronically provided. Project representatives respond to Commission questions. There being no further questions or comments, Buchsbaum moves to issue a Negative #2 Determination. Seconded by Squibb. The motion carries 5 -0. New: 14 East Street — construct addition, modifications to deck & stairs — Judy Connors c/o MBN Contractors, Merrill Nearis Jr. Maxner reads legal notice. Merrill Nearis, representative and contractor for the applicant, describes the plan to expand family room 5' off the back of the house. A Special Permit was approved by the ZBA on July 22 due to existing non - conforming conditions. He notes that the wetlands were delineated by Greg Hochmuth and shown on the proposed site plan. Maxner states that project is outside the 25' No Disturb Zone. Discussion ensues about increase in impermeable surface due to 4' to 5' of basement foundation. An old downspout the leads to a garden will be used versus a drip trench. Underneath the deck will be crushed stone. The excavated material from the sonotubes will be used to flatten out area near stairs and should not be much more remaining after backfilling is done. There being no further questions or comments, Buchsbaum moves to issue a Negative #3 Determination. Seconded by Squibb. The motion carries 5 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 5 -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 Conservation Commission September 9, 2014 Meeting Minutes Page 3 of 13 Buchsbaum moves to continue this hearing to the September 30, 2014 meeting as requested by the applicant's representative. Seconded by Knight. The motion carries 5 -0. Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Buchsbaum moves to continue this hearing to the September 30, 2014 meeting as requested by the applicant's representative. Seconded by Knight. The motion carries 5 -0. Cont: 127 Water Street, DEP File #5 -1128 — perform maintenance dredging and repair /maintain docks — Jubilee Yacht Club c/o Paul Earl Herbster recuses herself from this hearing and leaves the room. Ron Bourne of Bourne Consulting, representing the applicant, describes proposal for maintenance dredging of 950 cubic yards in front of marina underneath the floats that does not extend to the seawall to minimize the tidal impact. The Commission recently visited the site. Dredging of material will be done from the water side and put onto the barge and dewatered and filtered before returning as part of upland disposal. Bucshbaum inquires as to time of year work restrictions relative to DMF comments. Bourne explains the work will be done this fall in consideration of winter flounder TOY restrictions and the work is expected to take one week with several hundred yards removed per day. All of the floats will be removed and no structural work will be performed, just dredging. There being no further questions or comments, Squibb moves to close the hearing. Seconded by Knight. The motion carries 4 -0. Herbster returns to the meeting. Cont: 232 Essex Street, DEP File #5 -1127 — construct subdivision roadway, single- family houses, associated utilities, and stormwater structures — DUC Residential, LLC c/o Paul DiBiase Knight moves to continue to the September 30, 2014 meeting as requested by the applicant. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 147 West Street — construct garage addition, install in- ground pool and other site work — Margarita Medini John Dick representing the applicant, describes that the applicant is proposing to install an in- ground pool, patio, construct a garage addition with living space above and perform other site and landscaping activities within 200 -Foot Riverfront Area, Bordering Land Subject to Flooding (i.e. 100 -year floodplain), 100 -foot buffer zone to BVW that includes salt marsh. He notes three main issues came out of the site inspection with the Commission: Conservation Commission September 9, 2014 Meeting Minutes Page 4 of 13 • Bittersweet and invasive species management is needed, • Deer fencing details needed, • Information needed on location of two seasonal (4 '/2 by 8 '/2 with hose for irrigation) raised bed gardens which have been added to the site plan relative their proximity to salt marsh. Also, a gate valve has been added to drain pipe. Dick notes the deer fence will make use of existing mounting poles and addition of 4' to 8' of wire fence in back portion of yard. He describes cutting and brush application by hand of wetland -safe herbicide to cut bittersweet stumps. All waste piles at the site will be removed. Bertoni notes the NOI has no description of or specs for the deer fence or discussion of waste pile removal and would like to see more information in that regard. Buchsbuam notes that the herbicide will need to be better specified for wetland safety. Squibb inquires as to the Willow tree supporting the treehouse. Dick responds to the Commission's questions. He adds that the failed plantings along the North side of the property, replacement will consist of in -kind 39, 8' arborvitaes killed by fungus that is indicated on the plan. The fence will be incorporated in the row of arborvitaes and another fence installed inside of the arborvitaes around the pool. Commission members agree that additional information relative to the deer fence, herbicide application and general landscaping proposal needs to be submitted prior to close of the hearing. Maxner enumerates the information request and notes that a continuance is needed. Dick agrees. Buchsbaum moves to continue the hearing to the September 30, 2014 meeting pending submission of more detailed information as requested by the Commission. Seconded by Knight. The motion carries 5 -0. New: 3 Silver Court — construct addition and deck — Jeremy Harrington Maxner reads legal notice. Peter Ogren, Hayes Engineering, Mr. and Mrs. Harrington are present. Ogren describes the plan to construct a small addition and deck to existing dwelling. Adjoining the site is land under the ocean, land subject to coastal storm flowage and coastal bank corresponding to the seawall. Construction is proposed will take place between 20' and 50' from coastal bank. The applicant received zoning relief on the work that occurred in January. The filing occurred in July and FEMA maps changed during that month and elevation changed relative to land subject to coastal storm flowage. There is an increase in impervious surface but runoff is not a concern when it goes to land subject to coastal storm flowage with no performance standards. Porch will come out parallel to the existing porch, and addition is (5'x12') as it comes out from house. Crushed stone will be located below deck beside the house. Paluzzi arrives. Discussion ensues about piers for proposed deck being outside of No Disturb Zone and cantilevers just within that zone with no alteration of the 25' NDZ proposed. Conservation Commission September 9, 2014 Meeting Minutes Page 5 of 13 There being no further questions or comments, Squibb moves to close the hearing. Seconded by Knight. The motion carries 5 -0 -1, five in favor, none opposed with Paluzzi abstaining. New: Route 128, Exit 19 Interchange at Brimbal Avenue — perform interchange improvements — City of Beverly c/o Michael P. Cahill, Mayor Maxner reads legal notice. Herbster recuses herself from this hearing and leaves the room. Representatives, Mary Ann Magner and Ed Pontz of Jacobs Engineering are present for the applicant, City of Beverly. Magner describes the reasons for the submission of a new NOI due to design changes made to the connector road, which will be within the same general footprint as it is today. She provides an overview of the resource areas and project plans. She notes that the Herrick Street extension is not shown on the plan because of the distance to resource area. Also, some tree limbs will be trimmed along the road for line of sight along the Tozer Road on ramp along the stream. She explains that Jacobs and the City have been working with MEPA regarding refiling of project changes so comment due date is now October 14 relative to the MEPA filing. Pontz explains the proposed stormwater system. He reviews the treatment chain, which collects roadway runoff via catch basins, directed to headwall with stone rip rap and 150' bio -swale with check dams along the length, to sediment forebay and eventual detention basin recharge area. Historic drainage patterns would be maintained and enable management and control as well as treatment and recharge of stormwater. He goes through each stormwater BMP and the required long -term operation and maintenance activities associated with each. In response to Bertoni, Pontz explains the existing impervious surface is 4.8 acres of six acres of watershed area and could increase in the 5 '/z acre project area although it will be balanced with green areas. Discussion was on pipe location and construction of headwall that will capture sediment not caught by deep sumps in catch basins. In response to Buchsbaum, Pontz discusses the pollutants such as petroleum, hydrocarbons, trace metals, etc. and non - invasive plants for bio -swale that draw chemicals up and they are metabolized. Magner notes that the plans are at 75% design phase and so the planting plan for the bio -swale and infiltration basin is not yet completed. Pontz notes there should be a measurable improvement in the water quality, and this project qualifies as a redevelopment project relative to DEP's regulatory requirements. In response to Squibb, Pontz explains that winter deicing methods would likely not change compared to existing practice relative to salt restrictions on Route 128. However, due to improvements, runoff will be channeled into infiltration system. Bertoni opens questions and comments from the audience. In response to resident of 4 Stewart Lane, Magner addresses connectors for drainage in CEA project parking area, emphasizing that the connector project only addresses roadway runoff and Conservation Commission September 9, 2014 Meeting Minutes Page 6 of 13 private developments cannot discharge to State systems. Magner responds to Rosemary Broadman, who inquires as to whether the landfill has impacted this design, explaining that borings were done on Brimbal Avenue and as well as an area where the landfill intersected with a small portion of the new connector road. This resulted in a small area at the SW curve where over - excavation will be needed to install catch basins. In response to Kathy Burac, Magner explains management of stormwater flow by City, State and private developer has been a common consideration of flooding and redesign of roadway. In response to Chris Snow, Pontz explains that the borings were done 30' down, and outer east contour side of infiltration basin will have tree line cut back or 15% of total field area cleared, with tree trimming for line of sight with majority of trees remaining. In response to Matthew Widening, resident of Brimbal Avenue, Maxner explains that the Commission has received plans for Phase I and is addressing buffer zone to wetland, and representative agrees to provide residents with notice of project change plans per MEPA. Pam Irwin, Northbridge Road, notes the public meeting held by Mayor, which presented the project and inquires at what stage or opportunity at which the public can comment on the entire project. Magner notes that the MEPA process will provide that opportunity for the connector road and perhaps the Planning Board review of the CEA project. In response to Rick Marciano, Pontz defines wetland line and how trees cannot remain within 30' offset of curved roadway due to safety hazard based on federal and state design standards and safeguards for flooding where more mature trees are in the middle versus the fringes. Bertoni asks if there are any further questions from the Commission or the public, and there being none, Knight moves to close the hearing. Seconded by Paluzzi. The motion carries 5 -0. Herbster returns to the meeting. New: 30 L.P. Henderson Road, DEP File #5 -1064 Request for Amended Order of Conditions — proposed site plan modifications — Cicoria Tree & Crane Service, Inc. c/o Morin - Cameron Group, Inc. Maxner reads the legal notice. John Morin representing the applicant explains the request to amend the Order. He notes the current Order was issued for construction of contractor storage building, stormwater management facilities and drainage as well as stockpile areas. The original approved plan showed a stockpile area for wood chips and logs at a dimension of 122' x40' and 75' to wetland edge. Since the building was installed it was determined if stockpile area could be moved there would be a better flow of traffic through the facility site. The new proposed stockpile area would be 100' long and 30' deep located within the buffer zone, about 47' from wetlands. This change would not interfere with the proposed stormwater management. Morin explains this would improve the ability to capture runoff from paved surface where tree service trucks would be stored outside of the buffer zone. A hard piped catch basin was designed to receive flow from Conservation Commission September 9, 2014 Meeting Minutes Page 7 of 13 parking area to swale to the drainage system and it would contain a valve which could be closed if a spill occurs. He explains that during construction ledge was discovered and notes plan to relocate catch basin 70' from the wetland in area approved to be paved and flow would be directed to the swale and from paved areas outside of buffer zone. This provides more stormwater treatment than what was initially approved. In addition, building floor drains have to flow into gas, oil, sand separator before discharging into the municipal sewer system. He notes the Beverly Salem Water Supply Board has issued a letter stating that there are no issues with the proposed changes. The Commission reviews the plan and ask clarifying questions of Morin. Bertoni asks if there are any questions from the audience, there are none. There being no further questions or comments, Knight moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. New: Re -Open Public Hearing — 50 Dunham Road - construct 5 -story commercial building, associated parking, utilities and stormwater structures — Anderson Clark, LLP Maxner reads legal notice. Steve Drohosky, Mike Aveni, Mark Sleger, Dennis Clark, and Steve Erickson are present for the applicant. Drohosky summarizes the project's intent to construct a 5 -story commercial building, associated parking, utilities and stormwater structures between 50 Dunham Road and Norwood Pond within 100' No Disturb Zone and uncertified vernal pool. He recalls that peer review performed on the stormwater drainage calculations, site visits by the Commisison including to review wetland flags, public hearings, and submission of revised plans that have occurred since February 2014. Maxner reminds the Commission that it tabled its decision on this project under the Ordinance in favor of asking the applicant to better explore the alternatives analysis and mitigation package. Aveni provides a presentation of the alternatives to parking on site and modifications made to the plan to decrease the footprint of the project within the NDZ and buffer zones. Maxner states that part of the Commission's deliberation was not being convinced that there were not alternatives for locating the parking elsewhere on the site. Drohosky describes how there is no alternative place on the site to situate the proposed building with 30,000 square foot footprint. The 48 Dunham Road building has been approved with foundation already installed on the west side of 50 Dunham Road. As part of the 50 Dunham Road project design there are 150 parking spaces required by zoning that are not adjacent to the building. Extensive discussion ensues as to project modifications, alternatives analysis, additional mitigation offered and potential special conditions that could be applied to the project to satisfy the waiver criteria test. Conservation Commission September 9, 2014 Meeting Minutes Page 8 of 13 In response to Bill Frost, abutter across the Pond, Aveni describes how stormwater discharge has been studied thoroughly as well as landscaping for the project to help lessen visual impact from the pond. Buchsbaum asks for an overview of conditions within the NDZ to the vernal pool. Erickson provides a description of existing conditions and proposed plantings to enhance habitat and steer the creatures away from the paved surfaces. Buchsbaum notes that habitat enhancement for birds should be geared toward tree swallows and wood ducks based on the conditions near the pond and species present. There being no further questions or comments from the Commission or the public, Buchsbaum moves to close hearing. Seconded by Squibb. The motion carries 6 -0. OLD/NEW BUSINESS Planning Board Request for Comments — 232 Essex Street OSRD Site Plan and Definitive Plan Application — Applicant: DUC Residential, LLC c/o Paul DiBiase Knight moves to table this item to its September 30, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. Norwood Pond Trail Improvements — Discussion with Ben Cassola, Eagle Scout Candidate Ben Cassola addresses the Commission and explains his proposed Eagle Scout project that would reroute the existing trail on private property to City -owned land to access Norwood Pond trail system off of Elnew Avenue. Part of the newly routed trail will traverse a section of bordering vegetated wetland for which he will construct boardwalks. Ben notes he will work with OSRC Chair Charlie Mann and Maxner to flag the path as part of minimizing impact to mature vegetation. Discussion ensues about how options will be explored for trail treatment (i.e. plank bridges) could be used over wetland areas. The Commission thanks Ben for his work and agrees this is a worthwhile project to remove encroachment of the trail off private property. 783 Hale Street, DEP File #5 -916 - Request for Minor Modification — Kevin Ward c/o Helen Sides, Architect Maxner explains that the Order, which will expire on May 17, 2015, governs the following remaining project items: 1. Construction of 3 -car garage and associated paved apron off of existing driveway; 2. Construction of 10'x 35' breezeway connecting the garage to the house; 3. 6' granite steps leading to base of slope off of the southwest corner of the house; 4. Two trellis structures extending off the front of the house. She explains that the modification request will shrink the garage to a 2 -car, shorten the breezeway and add a shed. The manicured Hemlock hedge will be removed. The Commission reviews the revisions. Buchsbaum moves to issue Minor Modification. Seconded by Knight. The motion carries 6 -0. Conservation Commission September 9, 2014 Meeting Minutes Page 9 of 13 482 Elliott Street — Tree Removal Request — Helen Hutchins Maxner recalls that its September 9, 2014 meeting, the Conservation Commission considered a report produced by Mayer Tree Service dated May 23, 2014, which details tree removal proposal at 482 Elliott Street. She notes that pursuant to the Commission's previous letter dated June 12, 2014, it appears that Items #3 and #4 in the Estimate were addressed by that letter, however Items #1 and #2 were not part of that previous Commission review. She explains there is a boxwood and a locust tree leaning on the left of stream which would be cut to relieve risk to neighbor's home. Members review the Mayer report. Knight moves to allow tree removal as described subject to the following conditions: 1. All trees or sections to be removed shall be cut flush to grade and no part of the remaining tree and root system shall be stumped or ground out; 2. All cut material shall be hauled away, and not stacked or chipped on site. Seconded by Paluzzi. The motion carries 6 -0. Expenditure Approvals Squibb moves to expend $3,727.02 payable to Jeff Roelofs for his services rendered regarding the 50 Dunham Road ANRAD litigation during the month of June 2014. Seconded by Knight. The motion carries 6 -0. 27 Linden Avenue, Request for Minor Modification to Order of Conditions, DEP File #5- Maxner reports the Commission received materials from Griffin Engineering relative to a plan change to 27 Linden Avenue project. The applicant is proposing to remove the 34" Norway maple located along property line and is asking for a Minor Modification to the Order. She notes the landscaper and contractor have inspected and opined that the tree is unlikely to survive pending construction work. Two new trees appropriate for environmental conditions will be planted in the vicinity of the tree to be removed. Discussion ensues about whether the neighbor is in favor of removal of tree, with members agreeing it is a private matter with the applicant and neighbor. . Buchsbaum moves to approve the Minor Modifications. Seconded by Herbster. The motion carries 6 -0. OTHER BUSINESS 550 Cabot Street — Propsed Site Work, Application Submission Pending Maxner explains the Commission has received a request to schedule a site walk in advance of its September 30, 2014 meeting in anticipation of an NOI. Maxner reports on her site visit at this site, which Beverly Children's Learning Center is buying the property and plans to perform site work to prepare it for such use. She recalls that the Commission had written the previous Conservation Commission September 9, 2014 Meeting Minutes Page 10 of 13 property owner in 2011 about landscape dumping in the wetland, which will need to be addressed. Maxner has informed the property owner that this outstanding issue has to be addressed. She notes the wetland is flagged. Discussion ensues with the Commission agreeing that it would wait to schedule a site visit after receiving the NOI and presentation at a meeting. 12 Cliff Street — Proposed Patio Replacement and Lawn Reestablishment Maxner reports on owner's interest in replacing existing retaining wall and patio that is failing next to house as well as the lawn and installation of perimeter stone drainage trench along lawn which is located within inner 100' and 25' to coastal bank and riverfront area. She asks what type of application the Commission would expect. Discussion ensues with members agreeing an NOI would be required considering the proximity of the work to the resource areas. Cabot Street and Herrick Street Culvert Replacement, Order of Conditions #5 -1116 — Resource Area Calculation Changes Maxner reports that there was a miscalculation of dredging amount as the Commission reviewed in the NOI and approved under the Order. She provides a brief overview of the changes and asks the Commission whether this warrants an Amendment or Minor Mod. Members discuss and agree this can be reviewed through a Minor Modification. Orders of Conditions 127 Water Street, DEP File #5 -1128 — perform maintenance dredging and repair /maintain docks — Jubilee Yacht Club c/o Paul Earl Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and to note in the findings that dewatering will take place on site for eventual upland disposal at an appropriate facility. Seconded by Buchsbaum. The motion carries 5 -0 -1, five in favor, none opposed, with Herbster abstaining. 3 Silver Court — construct addition and deck — Jeremy Harrington Discussion ensues as to possible conditions for the project. The Commission discusses the 25' NDZ waiver criteria. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed, and noting in the Findings that the Commission finds that there is no direct alteration or impact to the 25 -foot no disturbance zone is proposed as the deck is cantilevered over this zone and the ground surface, which is existing lawn, will not be altered. 1. As indicated by the applicant during the September 9, 2014 hearing, the ground surface within the 25 -foot no disturb zone beneath the cantilevered section of the proposed deck shall not be altered, but left in its current condition as lawn. 2. Stockpiling of construction materials shall be along the street side of the property to the greatest extent possible or at a location which will prevent sediment or loose debris carried by surface runoff from entering designated resource areas. 3. Excavated soil from pier footings shall be taken off site. Conservation Commission September 9, 2014 Meeting Minutes Page 11 of 13 Seconded by Buchsbaum. The motion carries 6 -0. Route 128, Exit 19 Interchange at Brimbal Avenue — perform interchange improvements — City of Beverly c/o Michael P. Cahill, Mayor Discussion ensues as to possible conditions for the project. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to construction, 100% construction plans shall be submitted and formally presented to the Conservation Commission with a narrative that details the differences between these and the plans that were presented to the Commission during the public hearing. 2. All long term maintenance and inspection reports per the Stormwater Operation and Maintenance Plan and Long Term Pollution Prevention Plan dated August 11, 2014 shall be submitted to the Beverly Conservation Commission Office 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 Paluzzi. The motion carries 5 -0 -1, five in favor, none opposed, with Herbster abstaining. 30 L.P. Henderson Road, DEP File #5 -1064 Request for Amended Order of Conditions — proposed site plan modifications — Cicoria Tree & Crane Service, Inc. c/o Morin - Cameron Group, Inc. Buchsbaum moves to approve the request for Amendment, with Standard and Special conditions as applied to the original Order of Conditions for the project. Seconded by Paluzzi. The motion carries 6 -0. 50 Dunham Road - construct 5 -story commercial building, associated parking, utilities and stormwater structures — Anderson Clark, LLP Discussion ensues as to possible conditions for the project. Knight moves to issue Standard Conditions and the combined Special Conditions as discussed during the meeting. 1. No part of this 52 Dunham Road project, except for site work, the circumferential driveway and its associated support wall, and the proposed stormwater management system, shall be constructed until site plan approval is granted by the Planning Board for the proposed five -story mixed -use commercial building. The proposed stormwater management system shall be installed and operable prior to the installation of any additional impervious surface for this project. 2. The Applicant shall confer with Rinker Materials during the shop- drawing phase of the construction to verify that the orientation of the inlet piping into DMH -6 can be accommodated. If the piping orientation is not possible, an additional drain manhole shall be added upstream of the DMH -6 to accommodate the manufacturer recommended pipe orientation. If such a change is required, a sketch plan shall be submitted to the Conservation Commission September 9, 2014 Meeting Minutes Page 12 of 13 Conservation Commission to document said change prior to installation of DMH -6. Documentation of correspondence with Rinker shall be submitted to the Conservation Commission. 3. Applicant shall enter into with city of Beverly, and record at the Essex South Registry of Deeds, a "Pedestrian Easement Agreement" which incorporates the substantive terms of the document submitted to the Commission on May 20, 2014. The easement shall grant the city and members of the public the right to pass and repass, by foot only and for recreational purposes only, through the proposed easement area depicted on plan C -1. Applicant shall coordinate same with Beverly Open Space & Recreation Committee. 4. Enhancement plantings shall be planted along the northern edge of the driveway to be constructed to the north of the building, as indicated on plan C -5. 5. All enhancement plantings shall exhibit 75 percent survival rate not fewer than two growing seasons post installation. 6. Six (6) bird boxes shall be installed, each on a single sign post or tree, as applicable, in the area adjacent to Norwood Pond, between wetland flags B -22 and B -34. The boxes may be within 25 feet of the water's edge and shall be designed to attract tree swallows and wood ducks as agreed during the September 9, 2014 hearing. 7. A curb (approximately 5 -6" in height) shall be installed along the northern edge of the driveway to be constructed to the north of the building, as indicated on plan C -2. 8. The Applicant shall restore or replace, as appropriate, at its expense, the footbridge at wetland flag B -26 (see plan C1.1 for location). Applicant shall coordinate same with Beverly Open Space & Recreation Committee. 9. The Applicant shall blaze a walking trail within the proposed easement area depicted on plan C -1, between wetland flags B -1 and B -26. Said trail shall connect to "Beaver Trail" at the northeastern corner of Applicant's property and be approximately three feet wide. No stump removal or grading shall be required. Applicant shall install trail markers, as appropriate, along said trail. Applicant shall coordinate same with Beverly Open Space & Recreation Committee. 10. The Applicant shall pay $50,000 to city of Beverly, which sum shall be used to maintain the walking trail and /or to make any improvements in the Norwood Pond recreation area that the city, in its sole discretion, deems necessary. Said payment shall be made within 30 days after issuance of a certificate of occupancy for the building. 11. The Applicant shall endeavor to obtain a special permit from the Planning Board allowing Applicant to provide fewer parking spaces to support the building than are required under Beverly Zoning Ordinance 38 -25. The Commission acknowledges that the Planning Board may not award a special permit, but that Applicant shall have satisfied this condition by its good faith attempt to obtain said special permit. 12. In view of the unusual topography on and around the proposed building site, Applicant shall endeavor to obtain a variance from the Zoning Board of Appeals that allows the building to exceed the height limitation in the IR Zoning District along the building's eastern half, as the term "height" is defined in Beverly Zoning Ordinance 38- 2(B)(31). This condition is intended to encourage Applicant to leave the under - building parking area open to the east and, in so doing, to minimize the eastern foundation wall and the riprap slope immediately to the east of the building, which would otherwise be necessary. The Commission acknowledges that the Zoning Board of Appeals may not issue a Conservation Commission September 9, 2014 Meeting Minutes Page 13 of 13 variance, but that Applicant shall have satisfied this condition by its good faith attempt to obtain said variance. 13. Throughout construction, the Applicant shall comply with all aspects of open NPDES Permit #MAR12A025, including monitoring, maintenance, weekly inspections, and reporting, and said reports shall be made available to the Commission and its staff upon request. 14. Prior to work commencing, erosion controls shall be installed between the construction area and Norwood Pond per the Erosion and Sediment Control Plan (see plan C -4). Sediments from erosion control barriers shall be removed when they reach six inches in depth. The Conservation Commission or its agent may also evaluate the need for additional erosion controls and notify Applicant accordingly at any time during construction. 15. All maintenance and inspection reports that are required by 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 6 -0. Adjournment There being no further business before the Commission, Herbster moves to adjourn at 11:45 p.m. Seconded by Knight. The motion carries 6 -0. The Next regular Meeting of the Conservation Commission is Tuesday, September 30, 2014 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.