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2008-10-21 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present October 21, 2008 Conservation Commission David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Bill Squibb Members Absent: Mary Reilly, Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street, Beverly, MA 01915. Certificates of Compliance New: 24 South Terrace. DEP File #5-810 - Susan Adams & Christopher Howe Maxner explains the Order governed vegetation management in a Salt Marsh to remove invasive species Common Reed (Phragmite) and Japanese Buckwheat, as well as removal of trash and debris in a Salt Marsh and Riverfront Area as well as proposed replacement planting of native trees and shrubs to enhance wildlife habitat, and installation of a stockade fence will be placed along the property edge. Susan Adams states that the process of eliminating the phragmite is arduous and will probably take the rest of her life to battle. She notes however that since she has been mowing there has been an increase in diversity of native plants that have managed to creep in and take hold so that encourages her. She notes that at the beginning of the project they removed two to three large truck loads of trash, debris and other dumped or washed up objects from within the marsh and she continues to clean of the area of washed up debris as it comes in off the water. Brief discussion ensues regarding continued maintenance of the salt marsh and phragmite management. Members agree to allow continued manual removal of invasive plant material from this area without further permitting. There being no further questions or comments, Paluzzi moves to issue a Certificate of Compliance. Seconded by Hayes. Motion carries 5-0. ReQuest for Determination of Applicabilitv Cont: 890 Hale Street - Darrell Crate Beverly Conservation Commission October 21, 2008 Meeting Minutes Page 20f6 John Dick, Hancock Associates, states that he has not been able to speak with his client and asks for a continuance to the next meeting. Paluzzi moves to continue this petition to the November 18, 2008 meeting. Seconded by Hayes. Motion carries 5-0. Cont: 15 Eisenhower Avenue - Amy Murphy Scott Vandewall, Homeworx, Inc. presents on behalf of the applicant and states that a revised plan and waiver request has been submitted. He notes that the alternatives analysis has been done and briefly describes the rationale for placing the addition in its proposed location. He notes that Ms. Murphy will be planting some shrubs from the list of native plants that Ms. Maxner provided and they are considering aster, spicebush and maybe some raspberry bushes as well. Maxner states that the new plan is much clearer as to the limit of wetland and buffer zone and believes that the waiver request is convincing for allowing a waiver within the 100-Foot No Disturb Zone. Hayes agrees noting that he wanted explicit rationale for allowing the waiver and believes that this submission achieves that. Members agree. Paluzzi moves to issue a Negative # 3 Determination with a waiver from the 100-Foot No Disturb Zone. Seconded by Hayes. Motion carries 5-0. New: 43 Water Street - Beverly Port Marina Maxner reads the legal notice. Jonathon Silver, Quantum Associates, representing the applicant addresses the Commission and explains the project involves installing a wash water recycling system to capture, treat and recycle boat wash water at the marina. He explains the system and its location on site. He notes this is in an effort to stay ahead of the EPA's NPDES water quality requirements as all marinas will be required to have similar systems installed by a certain deadline. Lang asks if the particles fall out strictly by gravity. Silver states that both gravity and infiltration will be used in this system and there are media filters for heavy metals and ph monitoring as well. Hayes asks how the barnacles are handled. Silver states they are disposed of through regular trash. Brief discussion ensues regarding wash water recycling and replenishment. There being no further questions or comments, Johnson moves to issue a Negative # 3 Determination. Seconded by Paluzzi. Motion carries 5-0. Recess for public hearin2s Paluzzi moves to recess for public hearings. Seconded by Hayes. Motion carries 5-0. Beverly Conservation Commission October 21, 2008 Meeting Minutes Page 30f6 Notice of Intent Cont: 76 Paine Avenue. DEP File #5-980 - John Swansbur2 John Dick states that he has received 3 additional estimates from the firms that he solicited bids from. He notes that Neve-Morin came in at $1,970, Caspian & Scanlan came in at $2,100 and Cuoco & Cormier came in at $2,500. He notes that all three bids are quite a bit lower than VHB's bid of$3,200. He notes that for the Caspian and Scanlan bid, Caspian is the environmental reviewer and Scanlan is the engineering firm. Hayes makes an observation that it seems as thought Mr. Swansburg has already spent well over the amount of these bids on Mr. Dick's time in chasing down these bids and doesn't understand how saving money is the main complaint in this case. Dick states that it is not about the money it is about being right in principle. Maxner states that the Commission is following the appropriate procurement procedures in this case and she has confirmed such with the City's Finance Director and Procurement Officer. Lang asks if qualifications and CV's have been submitted for these new firms. Dick states they have not. Hayes states that he did some premliminary research on the internet and notes that Caspian seems to be geared toward wildlife and habitat evaluations and Scanlan has expertise in septic system design. He thinks the Commission needs much more information on these firms if they were to choose any of them. Lang states that he recalls John Dick giving a talk some time ago as to the role that consulting firms need to take to get what their clients want, and to be their best advocate. He notes that the Commission needs to be its own advocate and look after the best interests of the City of Beverly and he feels that the Commission is well within its rights to choose its own independent peer review firm. He believes that there is no reason for the Commission to consider any other firms or bids and thinks it should engage VHB as it had originally intended. Hayes agrees noting that this has been dragged out extensively and he would like to see this review come to a conclusion. Paluzzi agrees stating that the Commission is not at fault for the delay in processing this application. Lang entertains a motion for making a final choice for the peer review consultant. Paluzzi moves to secure the services ofVHB. Seconded by Hayes. All in favor, motion carries 5-0. Paluzzi moves to continue the hearing to the November 18, 2008 meeting. Seconded by Johnson. Motion carries 5-0. Cont: 20 Grover Street. DEP File #5-992 - John Bockoven Beverly Conservation Commission October 21, 2008 Meeting Minutes Page 40f6 Robert Griffin, Griffin Engineering, represents the applicant, John Bockoven who is also in attendance this evening. Griffin states that based on feedback received at the last meeting several changes have been made to the plan and they include: '" The proposed boardwalk has been eliminated from the project; '" The proposed barn has been eliminated from the project; '" Pursuant to DEP's comment letter, additional shrub species have been incorporated into the buffer zone enhancement planting plan to include nanny berry and cinnamon fern; '" The extent of the fence has been clarified, it will be along the property boundary of 492 Essex Street to discourage and prevent neighbors from dumping yard waste and debris into the wetland on Mr. Bockoven's property, he notes that it is not spanning the entire length of the boundary, only for about 170 l.f. and will be 6 inches above grade at the bottom so that wildlife movement will not be inhibited; '" Since the barn has been eliminated the victory garden has been expanded in size. '" The gravel drive connecting both sides of the house will be sloped toward the street. Maxner recommends that the Commission set a deadline in the Order for plantings to be complete and suggests a deadline of June 18t of 2009. Griffin and Bockoven agree that this is reasonable. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Hayes. Motion carries 5-0. Old/N ew Business New: CR Presentation for 675 & 675R Hale Street - Essex County Greenbelt Tracie Hines, Conservation Outreach Coordinator for Essex County Greenbelt addresses the Commission and explains that Greenbelt has been working with two property owners, the Seamans and Sprague families. These two families own abutting parcels that both contain significant coastal and inland resource areas and this Conservation Restriction will protect approximately 20 acres between the two. 12 of the acres are located on the Seamans property, which contains a flood control structure and pond that will be maintained as part of the CR. She states that the CR includes out to Mean Low Tide, which has moved since 1990 by about 10 feet. She explains that monitoring will most likely be carried out on a yearly basis, and no public access is granted as part of this CR. She goes on to detail the resource areas found on each property, noting that one of the largest eel grass beds in the north shore is located just off shore of the properties. Hayes asks what activities are allowed under the CR. Hines states that they are allowed to maintain existing views of the ocean, control invasive exotic plant species, noting that about 3 or 4 acres per property have been carved out to allow for residential development. Lang asks how the existing rip rap on the coastal bank will be treated. Hines states that it is considered to be part of the flood-control structure. Beverly Conservation Commission October 21, 2008 Meeting Minutes Page 50f6 Brief discussion ensues regarding the CR approval process and Hines asks if the Commission would be in favor of approving and supporting this CR and signing the state required certification to that affect. Members express their support and agree to sign the certification and provide a support letter to be submitted to the City Council. Hines thanks the Commission for its time and continued support of Greenbelts efforts. New: Beaver Pond Road OSRD Parcel # 2 CR Discussion Maxner reminds the Commission that it considered the Planning Department's inquiry as to whether it would like to accept the CR for the Beaver Pond OSRD open space parcels and the Commission declined suggesting that the Beverly Conservation Land Trust be contacted. Since then the attorney for the applicant has inquired if the Commission would consider taking Parcel # 2 under a CR because it is immediately adjacent to the current CR the Commission holds. Discussion ensues regarding the subject parcel and members agree that accepting this particular parcel is probably worthwhile and direct Maxner to inform the attorney to forward the draft CR for review and comment. Orders of Conditions 20 Grover Street. DEP File #5-992 - John Bockoven Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. The proposed Upper and Lower Restoration Planting Area shall be installed and completed no later than June 1, 2009. The applicant shall provide notice to the Conservation Administrator at least 72 hours prior to installation, and the Administrator shall inspect the area after installation. 2. The proposed gravel and bituminous concrete driveway sections shall be pitched toward the street to ensure stormwater runoff enters the drainage system of Grover Street. 3. The bottom of the proposed fence shall be at least 6 inches above grade to allow for wildlife movement. Seconded by Hayes. Motion carries 5-0. Approval of Minutes Johnson moves to approve the August 5, 2008 minutes as amended. Seconded by Paluzzi. Motion carries 5-0. Other Business Maxner asks the Commission if it would consider securing an environmental attorney on a retainer basis to aide the Commission in complex cases that lead to litigation or wetlands permitting procedural questions that come up from time to time. She notes that the City Solicitor's office is extremely helpful in Beverly Conservation Commission October 21, 2008 Meeting Minutes Page 60f6 all things that she needs help with but there are times when an attorney with direct experience with wetlands permitting is needed. In addition, the City Solicitor's office is often completely straight out with work and although they make every effort to accommodate her requests for assistance, there are certain circumstances where she feels that they don't really have the time to research the topic or question that she poses. She notes that there have been occasions when the City Solicitor has directed her to contact George Hall to help in answering questions. She states that she has a good rapport with George Hall and if there are no conflicts of interest, she recommends that the Commission ask him if he would be interested in this arrangement. Discussion ensues as to the types of inquiries would be made to the attorney and the amount of expenditures the Commission is willing to provide for individual cases. Members agree that they are pleased with George Hall's help in the Chapman's Corner appeal and believe him to be a good choice as he is practical in all his advice. Paluzzi moves to inquire with George Hall on placing him on retainer and to allow up to a maximum of $500.00 to be expended on any given case, provided that Maxner be prudent and judicious in exercising this option in seeking counsel. Seconded by Hayes. All members in favor, motion carries 5-0. Adjournment There being no further business before the Commission this evening, Paluzzi moves to adjourn. Seconded by Hayes. Motion carries 5-0. Meeting is adjourned at 8:30 p.m.