03-01-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
March 1, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
John Donnelly, Richard Grandoni, Bill Squibb
Tony Paluzzi
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers,
191 Cabot Street, Beverly, MA.
REOUEST FOR CERTIFICATE OF COMPLIANCE
New: 49 & 51 Sonning Road, DEP File #5 -885 — grading within buffer zone associated with
construction of single- family house, driveway, associated appurtenances — c/o William
Manuell, Wetlands & Land Management, Inc.
Maxner reports the Commission issued an Order of Conditions in 2005 which expired in 2013
that governed grading within the buffer zone associated with construction of a single - family
house, driveway, and associated appurtenances outside of the buffer zone. Some work on the site
was related to clean up from historic landfill activities. The Commission issued a new Order for
the same work recently. The request is to close the old Order.
Donnelly moves to issue a Certificate of Compliance. Seconded by Squibb. The motion carries
5 -0.
OLD /NEW BUSINESS
New: Landmark School — Outdoor Salt Water Study Pool Proposal — Doug Walker &
Landmark InvenTeam
Doug Walker, Allison Martel, Cal Robbins from the Landmark InventTeam and David Seiter
Landmark Grounds Director describes to the Commission its proposed project to grow eel grass
for transplantation. A plastic above ground pool would be located (outside of the buffer zone)
temporarily behind the new science academic building. A sump pump located on a rock below
the water will be used to cycle salt water to the pool from the ocean for one hour twice a day
related to and to mimic tide cycles. The pipes will run along an existing wall so there will be
minimal impact to the resource buffer zone. The students have met with the Harbormaster in
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Manchester and identified three spots where eel grass plantings would occur (i.e., Ram Island,
Sand Dollar Cove). The Team has spoken with the Dept. of Marine Fisheries as well. The Team
projected that the pool would be in place for a year.
Buchsbaum moves to issue a minor project permit. Seconded by Donnelly. The motion carries 5-
0.
Recess for Public Hearings
Grandoni moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0.
NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
Cont: 16B Bayview Avenue — construct metal staircase with associated concrete landings
and pier supports to gain beach access — Doherty Bay View Realty Trust c/o Thomas &
Joanne Dohertv
Bob Griffin representing the applicant notes that DEP file number was assigned. He mentions
that Mr. Doherty's attorney will respond to a written inquiry about tide line and property
boundary, and that the proposed work is on Mr. Doherty's property. (Griffin notes that this is not
a Conservation Commission issue).
There are no comments from the public.
Donnelly moves to close the public hearing. Seconded by Squibb. The motion carries 5 -0.
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, the applicant shall consult with the City Building Inspector for his
written determination as to whether a building permit is required for the proposed
staircase. Said correspondence /determination shall be forwarded to the Conservation
Commission.
2. Should any part of the staircase or associated structures be damaged, dislodged and
washed away, the owner shall be responsible for recapturing and collecting said material
for proper disposal. This condition shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
3. The owner shall be responsible for maintaining the structure in good repair and such
activities shall be allowed under this Order. This condition shall survive in perpetuity
beyond the issuance of a Certificate of Compliance.
4. The owner shall be required to report to the Conservation Commission if 50% or more of
the staircase and associated structures are damaged. The Conservation Commission shall
review damage report and provide guidance as to proper permitting for repairing
damaged sections of the structure. The Commission hereby, within its discretion,
reserves the right to deny application to reconstruct said structure. This condition shall
survive in perpetuity beyond the issuance of a Certificate of Compliance.
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5. Repairs of the stairs and associated structures constituting less than 50% of the structure
shall be allowed under this Order contingent upon 72 hours - notice to the Conservation
Administrator prior to repair /replacement activities. This condition shall survive in
perpetuity beyond the issuance of a Certificate of Compliance.
Seconded by Grandoni. The motion carries 4 -1 with Donnelly opposed.
Cont: 35 Porter Street, DEP File #5 -1168 — install coastal bank stabilization and associated
site landscapin improvements — Max Corbett
Bob Griffin representing the applicant describes proposed reinforcement of embankment along
the Bass River along the Corbett property. A site walk has occurred and the Commission
observed erosion along embankment. He notes comments from DEP expressed concern about the
proposal to put crushed stone on a significant amount of the embankment so the plan was
modified. The plan also includes modifying some walls on the property and walkways within the
buffer zone and riverfront.
Griffin summarizes the modifications to the plan including Stabilizing the eroding coastal bank
by re- grading the embankment, installing toe stones at bottom of the bank, installing 3 -foot wide
16 -inch deep crushed stone revetment, installation of swath of coastal bank plantings and metal
landscape edging at edge of lawn the embankment. Creeping junipers are proposed as well as
salt tolerant seed mix adjacent to the eastern end and western end of embankment. Three pin oak
trees will remain on the eastern side with one added. This will be offset with shrubs set into the
120 foot strip of embankment. The proposed repairs to the wall and walkway have not changed..
No work will occur below mean high water and resource area impact calculations will not
change. Between the 100 year elevation 10 and mean high water mark will be a combination of
toe stone, 3 foot crushed stone, creeping junipers and seed mix.
There are no comments from the public.
Squibb moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0.
The Commission discusses potential conditions for the project and 25' NDZ waiver criteria.
Donnelly moves to issue Standard Conditions, the following Special Conditions and to grant a
waiver from the 25' NDZ as discussed:
1. The proposed coastal bank plantings shall exhibit at least 75% survivorship after two full
growing seasons post installation.
2. Any trees proposed as part of the coastal bank planting area shall exhibit 100%
survivorship after two full growing seasons post installation.
Seconded by Squibb. The motion carries 5 -0.
Cont: 43 Brackenbury Lane, DEP File #5 -1175 — demolish and reconstruct single - family
house with addition, driveway and utili , improvements, construct in- ground swimming
pool — Scott Rouisse
Bob Griffin representing the applicant notes the Commission held a site inspection and plan
changes were made based on feedback from that. He briefly reviews the project proposal. He
reviews the plan changes and his response letter to Mr. & Mrs. Brusil comment letter.
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He notes questions raised by the Commissioners and DEP were addressed in his January 2016
letter and plan changes were made. Discussion addresses preservation of the birch trees with no
work is proposed beyond the lawn. All of the other work will be in lawn area or area occupied by
the existing building and driveway.
Donnelly asks as to the amount of fill to be brought into the site and whether placing the new
structure on piles would be an option with less impact. Griffin notes that the cost difference is
fairly significant and the reutilization of the existing foundation is preferred. Griffin notes that a
gate in the fence will be added at Brackenbury Lane side to provide private access to the yard
area and allow for the removal of sand washed over by storms if necessary. Two drywells are
located on the site. Griffin reminds that Commission that Brian Butler, vernal pool expert, was
retained and opined that this area does not support vernal pool function or habitat.
Griffin reminds everyone that in his January 5, 2016 correspondence the stream status was
evaluated and found the watershed to be well below the 1 /2 square mile threshold.
Bertoni asks if there are any questions form the audience.
Nancy Brusil, 35 Brackenbury Lane, asks if a bond would be required to be posted by the
property owner if any damage to Brackenbury Lane occurs as the result of the project during the
construction which Griffin opined is not a wetland protection issue, but rather at the City
Engineer or DPW discretion.
Ms. Brusil asks the Commission for more time so the Brackenbury Lane neighbors could seek an
opinion from an expert on the status of the stream, if it is perennial or not. Griffin states that he
believes the position is not going to change on the perennial stream, that it is consistent with
regulation. Ms. Brusil also expresses concern about the amount of proposed fill and change in
contour of land. Griffin responds that the property owner wants to put fill behind the proposed
masonry retaining wall to ensure grade to the house is above the 100 year flood elevation.
Ms. Brusil notes how coastal storm waves and tidal action can come up high enough to now
back into the culvert and into the wetlands, which has happened previously. They note that the
City has rebuilt the culvert far out in the beach area.
Bertoni asks for elaboration on what vegetation could be added to buffer zone along wetlands
(Flag 4 to Flag 10). Griffin notes this area will remain lawn within the fence. He notes that all
fence posts will be installed by hand and any spoils will be used as part of embankment or
around the foundation. Griffin notes that the invasive vegetation would be removed in the area
and shrubs planted beyond the fence line up along the side of the new driveway. He refers to the
planting schedule with plants appropriate to the buffer zone is included as part of the plan.
In response to Paul Brusil, 35 Brackenbury Lane, Griffin explains that the project improves
wetlands by redirecting roof runoff to dry wells, sump pump discharge will be redirected away
from the stream, repairing eroded section of stream bank to a more natural contour and
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improving vegetation will enhance the stream and the buffer zone. Griffin notes that sole purpose
of the retaining wall is to get the structure out of the flood zone.
In response to Ms. Brusil's comments on the stream, discussion ensues as to the status of the
stream, with Bertoni noting this issue has been well explored by the Commission, City Engineer
and expert consultants and the Commission is comfortable with the stream classified as
intermittent. There being no further questions or comments from the Commission or the public,
Donnelly moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0.
New: 20 Elnew Avenue, DEP File #5 -1177 — construct new single family house & attached
garage — Michael Chitro, Chitro Family Series, LLC Lot 20 Fair Acre Series
Maxner reads the legal notice. John Dick representing the applicant explains the proposal to
construct a new single family house within the 100 -foot buffer zone to BVW. An ANR plan has
been approved by the Planning Board for the two contiguous lots to join into one. The City's
Norwood Pond property abuts this to the east and south where there is an extensive wetland. The
parcel had the wetland flagged by LLC last summer. He explains that the location of a certified
vernal pool in the area was mapped incorrectly according to National Heritage Endangered
Species Program and notes correspondence from Natural Heritage is on record to that affect.
Dick notes that last summer an Eagle Scout constructed foot trail that is located on the City
owned open space in order to relocate a footpath that was established on his client's property. He
notes that through the years yard waste was disposed along the path in the area in the 25' No
Disturb Zone that the project proposes to remove the dumped waste, reseed and plant within this
zone, with a modest yard to surround the house (no downspouts are proposed) and No Disturb
Zone would be posted. In response to Buchsbaum, he describes the conditions of the buffer zone
is dense with trees so if any are planned for removal that will have to be defined in the Order. A
conventional paved driveway is proposed. Dick notes that he strongly suspects that dewatering
will need to be done at the site related to the foundation excavation, details on catch basins will
have to be provided to the Commission. In response to Donnelly, Dick states that there would be
negligible impact to groundwater flow in the area as a result of the construction as it the proposal
is small relative to the entire watershed.
Bertoni asks if there are questions from the public.
Jerald Parisella, resident of 14 Red Rock Lane, explains that he suspects the City may have
prescriptive rights for the pathway easement to the Norwood Pond open space as the path has
been utilized for years through the Chitro's property. Andrea Kusiak, resident of 17 Elnew
Avenue, speaks to how the property owner of 20 Elnew Avenue has been aware of pathway to
Norwood Pond. She notes that a wetland, possibly an uncertified vernal pool, is located behind
18 Elnew Avenue. She notes how the water table has risen in the area over the years resulting in
water in peoples' basements, and sheet flow in the area. Dick responds that the roof runoff will
be mitigated on the site with water going to stone trench drip edge. He explains that the finished
grades are proposed at 3 to 4 inches higher than existing grade to allow runoff to flow into the
wetland and away from the house.
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Han Cristoforo of 2 Norge Road, notes here concern that runoff from the project will exacerbate
flooding in this vicinity and notes that the subject lot is always muddy and retains standing water
for periods of time. Erick Bazin of 18 Elnew Avenue, expresses his concern over flooding in the
area as he is a direct abutter. He notes that the Eagle Scout placed logs under the short bridge
that has acted to damn up flow within the wetland.
The Commission members agree to visit the site, and schedule a site walk for Thursday, March
17 at 5:00 p.m. Dick will consult with the owner as to whether the public can get permission to
walk the site. Grandoni moves to continue the hearing until Wednesday, March 23. Seconded by
Donnelly. The motion carries 5 -0.
Reconvene Regular Meeting
Donnelly moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 5-
0.
OLD /NEW BUSINESS
Cont: Waring School Field Encroachment — Resolution & Proposed Action Plan — Waring
School c/o Atty. Tom Harrington
Attorney Tom Harrington, Waring Board of Trustee member Joe Avalon, ECGA Land'
Conservation Director Chris LaPointe were in attendance. Harrington summarizes how the
Commission had made the School aware that part of its playing field was on Conservation
Commission land. Analysis was done on rotating the field where there is ledge and wetlands and
it would cost the School $250,000 to remove the encroaching field off of the Commission's land.
Another course of action is to provide a 3 to 1 land swap with the Commission so the School can
keep its field as situated. Most of the land for the City would provide access from Standley Street
and the School would agree to assist the City to improve it and construct a couple of parking'
spaces. The trail would wraparound the field to the Commission's back land. If the parcels were
swapped, a conservation restriction would' be put on the land swapped to the City.
In August 1,2015,'Harrington had shared a Memorandum of Understanding which ;. was sent to the
City solicitor. Maxner ,provides a copy of the City Solicitor's memo'. She notes the Solicitor'
reviewed the MOU and determined' that the City is a trustee of the land where the encroachment'
occurred, and the land was placed in a charitable trust. In her memo the Solicitor highlights that
there are issues conveying trust land to the School. Harrington describes how in 2012 in the
Uniform Trust Act a provision was added called "cy pres" and "equitable deviation" that
basically allows for a determination that upholding the parameters of a trust can be impossible to
uphold, and that will require notice to the Attorney General and court action. Chris LaPointe,',
ECGA, explained that Greenbelt supports the swap and the donor family does as well.'
The Commission reviews the information, and members note they would like to see in writing
that the donors support the land swap proposal. Harrington notes the Waring School will pay'
legal fees for getting the matter through the Legislature. Commission members agree to pursue'
this course and agree to communicate with the City Solicitor to ask her assistance in sheparding,',
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this through the process. Bertoni notes that she would like to make sure that this does not place'
the City in a difficult position. Donnelly offers to draft a letter asking for the Solicitor's
assistance'.
Recess for Public Hearings
Grandoni moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0.
Cont: 6 Quincy Park — construct coastal revetment and connect residence to City sewer —
Paul Earl & Cont: 11 Quincy Park — construct coastal revetment — Patricia Brandes
Maxner reads DEP comments that apply to both 6 and 11 Quincy Park. Maxner notes the
Commission conducted a recent site inspection.
Robert Griffin representing the applicant explains that the Dept. of Marine Fisheries was notified
of the project and similar project at 5 Quincy Park where it was demonstrated that there was no
clams after his thorough investigation of the vicinity. The project has to get through the
Conservation Commission's process first before seeking other permits. Access will be from
Water Street at low tide.
Donnelly asks the longevity of the re -bar, Griffin notes it will be epoxy coated. Donnely notes
footing designs with Griffin responding due to the apron at 11 Quincy Park there will be little
beach impact, and notes that since the properties have different shaped concrete seawalls the
revetment designs differ.
Buchsbaum moves to close the public hearings for 6 Quincy Park and 11 Quincy Park. Seconded
by Grandoni. The motion carries 5 -0.
Discussion ensues as to conditions to issue as part of the Order of Conditions. Donnelly moves
to issue Standard Conditions and the following Special Conditions as discussed for both
properties:
1. The Conservation Commission reserves the right to reopen the public hearing should
DEP, through its Chapter 91 licensing process, submit comments that alter the proposed
project design.
2. If the design of the revetment return at the neighboring property line changes from what
is show on approved plan, prior to implementation in the field the applicant shall submit a
request for Minor Modification to the Commission for tis review and approval.
3. All stones used in construction of the revetment shall be clean and free of any dirt, sand
or debris.
4. As described in the Notice of Intent, a track - mounted excavator will be allowed to
traverse the beach during a receding tide to the work area, gaining access from Water
Street Ramp located to the west. No construction equipment of any kind shall be stored
within the wetland resource areas, on the beach or buffer zone.
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5. As described in the Notice of Intent, the stone used in construction of the revetment shall
be an average size of 3 feet in diameter, between 1,000 and 6,000 lbs, with an average of
3,000 lbs.
6. Sand that is excavated from the footprint of the toe of the revetment shall be left on the
beach and spread out evenly along the length of the excavation area. It is anticipated that
the subsequent tide(s) will redistribute the sand naturally.
Seconded by Buchsbaum. The motion carries 5 -0.
204 Greenwood Avenue — utility installation — North Shore Nursery School
Maxner reads the legal notice. Robert Griffin representing the applicant describes how North
Shore Nursery School is in need of better electric service and fire protection and proposes to
install a new underground electrical service that would require a reinforced concrete duct bay
with a transformer located outside of the School building east of a common driveway shared
with the Glen Urquhart School. In addition, the School would like to install a water main so it
can install a fire hydrant in the back of the School for fire protection and future sprinkler system.
The work is proposed in a gravel driveway. A stream runs through the property and the wetlnads
have been delineated and on the plan. He notes that some work will be within the 25' NDZ but
these areas are already disturbed or gravel right of way. Erosion control will be installed to
protect the wetland.
Discussion ensues as to alternative routes for the electric and water service, staging areas for
materials and equipment. Donnelly notes cross sections for duct bank should be provided.
There are no comments or questions from the audience. No further questions from the
Commission.
Donnelly moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0.
Discussion ensues as to condition to issue with the Order and the waiver from the 25' NDZ.
Buchsbaum moves to issue Standard Conditions and the following Special Conditions as
discussed:
1. As discussed with and agreed to by the applicant's engineer during the March 1, 2016
hearing, prior to construction, a revised plan depicting the following details shall be
submitted to the Commission for review and approval:
a. A cross section showing the existing culvert and drainage swale banks and bed
and the proposed electric and water utilities with their relative elevations and
locations;
b. A designated area for dewatering shall be identified, with the preferred method
being a dewatering bag. If a dewatering bag is not practical, an acceptable
alternative method shall be coordinated with the Commission or its Agent;
c. A construction material and equipment staging area shall be identified, with the
westerly section of the gravel drive /parking area being a preferred primary
location.
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2. The access drive and associated shoulders shall be restored to their original conditions,
with no grading or elevation changes proposed or allowed under this Order of Conditions.
Seconded by Grandoni. The motion carries 5 -0.
43 Brackenbury Lane — demolish and reconstruct single- family house with addition,
driveway and utilitimprovements, construct in- ground swimming pool — Scott Rouisse
Maxner notes that the Commission has two separate decisions to issue, one under the State Act
and one under the Beverly Ordinance. Members review and discuss the project under the State
Act. There being no further discussion, Donnelly moves to approve the project under the State
Act and issue the following Special Conditions:
1. The bordering vegetated wetland shall be investigated for vernal pool function in the
spring by a qualified wetland scientist or wildlife biologist in the company of the
Conservation Agent. Spring -time investigation ensures that evidence of breeding (or lack
thereof) is tied explicitly to those periods during which the evidence is most likely to be
available. The consultant shall prepare a written report detailing findings of the
investigation and submitted to the Commission.
2. Prior to any work on site, a formal planting plan shall be submitted to the Commission
for review and approval. The planting plan shall depict and include the following
information:
a. Additional plantings shall be installed along the proposed graded slope between
the BVW, house and driveway retaining wall;
b. A native plant schedule detailing size, quantity, common and botanical name;
c. Approximate locations of the plantings shall be depicted on the plan;
d. A formal protocol detailing the methods of invasive species removal and long-
term management.
3. The proposed final approved plantings shall exhibit an overall survivorship of at least
75% for shrubs and 100% for trees not less than 2 growing seasons post installation.
4. Prior to any work involving the inland bank stabilization, a coir log spanning the entire
length of the stabilization area shall be installed at the toe of the slope at the edge of the
brook bed (edge of channel). This coir log shall be properly staked and left to naturally
decompose in place.
5. The project engineer or other qualified professional shall certify in writing that the fill
imported to the site is of appropriate quality for site purposes and that it is clean, free of
trash, debris, or other foreign or deleterious materials. Said certification shall be
immediately forwarded to the Commission.
6. A long term operation and maintenance plan detailing methods and types of equipment to
be used to clean sand and other debris that may be deposited landward of the seawall by
coastal storm wave action.
7. A capecod berm shall be installed along the street side of the newly configured driveway
mouth to help redirect roadway runoff from entering the site and potentially
overwhelming the drywell system.
8. A 4' sump shall be installed in the catch basin for additional sediment volume capture
capacity.
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9. All pool water backwash and drawdown shall be directed to the drywell and not directly
discharged overland anywhere on or off site.
10. Pursuant to DEP's comments and the project engineer's January 5, 2016 correspondence,
the project must meet current standards for building within the FEMA Zone AE, therefore
prior to obtaining a certificate of occupancy, the applicant must follow through with one
of the following options:
a. Convert basement into a crawl space by filling with gravel to elevation 11 and
install flood openings on at least two sides of the foundation; or
b. File a Letter of Map Revision Based on Fill (LOMB -F) with FEMA to remove the
building from the AE Zone.
Seconded by Grandoni. The motion carries 5 -0.
Extensive discussion ensues as to the proposed project under the Beverly Wetland Protection
Ordinance and the elements within the 25 -foot no disturb zone.
There being no further discussion, Buchsbaum moves to approve the project under the Beverly
Wetland Protection Ordinance, and grant a waiver subject to findings as just discussed contingent
upon compliance with Standard Conditions and the following Special Conditions:
11. The bordering vegetated wetland shall be investigated for vernal pool function in the
spring by a qualified wetland scientist or wildlife biologist in the company of the
Conservation Agent. Spring -time investigation ensures that evidence of breeding (or lack
thereof) is tied explicitly to those periods during which the evidence is most likely to be
available. The consultant shall prepare and submit to the Commission a written report
detailing findings of the investigation.
12. The proposed perimeter fencing shall be installed at the following specified locations
which differ from the final revised plan:
a. The 4 -foot fence proposed adjacent to Wetland Flags #7 through #10 shall be
installed at the limit of the 25 -Foot No Disturb Zone;
b. The 4 -foot fence proposed from the southerly edge of the proposed masonry
retaining wall to Wetland Flag #1 shall be installed at the limit of the 25 -Foot No
Disturb Zone;
c. The 6 -foot privacy fence proposed on top of the existing masonry seawall shall be
installed along the northerly edge of the Ancient Way.
13. The area within the 25 -Foot No Disturb Zone adjacent to Wetland Flags #7 through # 10
and the fence, and the southerly end of the proposed masonry retaining wall and proposed
screening trees shall be not be mowed or maintained but shall be left to naturalize. This
condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance.
14. Prior to any work on site, a formal planting plan shall be submitted to the Commission
for review and approval. The planting plan shall depict and include the following
information:
a. Additional plantings shall be installed along the proposed graded slope between
the BVW, house and driveway retaining wall;
b. A native plant schedule detailing size, quantity, common and botanical name;
c. Approximate locations of the plantings shall be depicted on the plan;
d. A formal protocol detailing the methods of invasive species removal and long-
term management.
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15. The proposed final approved plantings shall exhibit an overall survivorship of at least
75% for shrubs and 100% for trees not less than 2 growing seasons post installation.
16. Prior to any work involving the inland bank stabilization, a coir log spanning the entire
length of the stabilization area shall be installed at the toe of the slope at the edge of the
brook bed (edge of channel). This coir log shall be properly staked and left to naturally
decompose in place.
17. The project engineer or other qualified professional shall certify in writing that the fill
imported to the site is of appropriate quality for site purposes and that it is clean, free of
trash, debris, or other foreign or deleterious materials. Said certification shall be
immediately forwarded to the Commission.
18. A long term operation and maintenance plan detailing methods and types of equipment to
be used to clean sand and other debris that may be deposited landward of the seawall by
coastal storm wave action.
19. A cape cod berm shall be installed along the street side of the newly configured driveway
mouth to help redirect roadway runoff from entering the site and potentially
overwhelming the drywell system.
20. A 4' sump shall be installed in the catch basin for additional sediment volume capture
capacity.
21. All pool water backwash and drawdown shall be directed to the drywell and not directly
discharged overland anywhere on or off site. This condition shall survive in perpetuity
beyond the issuance of a Certificate of Compliance.
22. Pursuant to DEP's comments and the project engineer's January 5, 2016 correspondence,
the project must meet current standards for building within the FEMA Zone AE, therefore
prior to obtaining a certificate of occupancy, the applicant must follow through with one
of the following options:
a. Convert basement into a crawl space by filling with gravel to elevation 11 and
install flood openings on at least two sides of the foundation; or
b. File a Letter of Map Revision Based on Fill (LOMB -F) with FEMA to remove the
building from the AE Zone.
Seconded by Donnelly. The motion carries 5 -0.
Other Business
YMCA— Outdoor Platform Construction
Maxner reports that the Y will be constructing some additional platform and shelters along the
trails of the wooded part of its campus. She has conducted a site walk with Y representatives to
identify areas that would be suitable and out of the Commission's jurisdiction. She provides an
aerial of the site with locations of the new structures and explains that the City would be
assisting in clearing the areas. She notes these are outside buffer zones. Commssion members
review the map and note that care should be taken to ensure the least amount of vegetation
removal and ground disturbance.
Cont: Planning Board Request for Comments — 55 Cherry Hill Drive Site Plan Review &
Special Permit Applications — Krohne, Inc.
Maxner reports that the applicant has provided an aerial of the surrounding wetland systems and
associated measurements. She provides copies of the aerial map to the members. Bertoni notes
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that it seems clear that this project is outside jurisdiction. Members agree. Maxner will inform
the Planning Board and applicant as to the Commission's determination.
New: Planning Board Request for Comments — 122 Cross Lane Preliminary OSRD Site
Plan application — Benco, LLC
Maxner notes that the Commssion recently issued an Order of Resource Delineation for this
property and the Planning Board is seeking comments as related to the Commission's jurisdiction
and perpective. Members review the plan and discuss project alternative plans. Donnelly
observes that all three conceptual plans avoid work or impact within the vernal pool 100 -Foot No
Disturb Zone and the 25 -Foot No Disturb Zone associated with the wetland. Commission
members express their support for efforts to keep as much work and impacts outside the
wetlands, buffer and no disturb zones as possible while the definitive plans are developed.
The Commission discuss Concept Plan 4a which proposes one less lot /unit than what the
conventional plan yields. Bertoni notes that Plan 4a results in less density, disturbance and
impervious surfaces that would otherwise necessitate mitigation. Concept Plan 4a appears to
best fit into the landscape utilizing the existing driveway, and the existing building footprint of
the existing house. Members agree to submit a comment letter encapsulating this discussion.
New: Planning Board Request for Comments — 131 Brimbal Avenue Site Plan Review
application — Sunoco, Inc.
Maxner reminds the Commission it issued an Order of Conditions approving the project with
several Special Conditions. Bertoni suggests that the Commission's comment letter can
encapsulate the wetland permitting process and attach the resulting Order for the Planning
Board's review. Buchsbaum notes that the Board should know that the Commission worked hard
with the applicant to develop this plan.
Adjournment
There being no further business this evening, Donnelly moves to adjourn at 11:30 p.m. Seconded
by Squibb. The motion carries 5 -0. The next regular meeting of the Conservation Commission is
Wednesday, March 23, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.