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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 Conservation Commission March 1, 2016 Meeting Minutes Page 2 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 3 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 4 of 12 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 Conservation Commission March 1, 2016 Meeting Minutes Page 5 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 6 of 12 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,', Conservation Commission March 1, 2016 Meeting Minutes Page 7 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 8 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 9 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 10 of 12 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. Conservation Commission March 1, 2016 Meeting Minutes Page 11 of 12 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 Conservation Commission March 1, 2016 Meeting Minutes Page 12 of 12 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.