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2013-03-26 (2)CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 26, 2013 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Christine Bertoni, Robert Buchsbaum, Bill Squibb BOARD MEMBERS ABSENT: Anne Grant STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: RECORDER: Jane Dooley Vice Chairman, Stephanie Herbster, Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, Third Floor Conference Room B, Beverly, MA. Request for Certificate of Compliance Cont: 3 Sherwood Lane, DEP File #5 -204 — Scott & Jeanne Tarnowski Maxner reminds the Commission that this lot was part of the Oak Heights (a.ka. Wellington Hills) subdivision that was permitted in the early 1990's, and this house was constructed by the applicant in 1993. The Order of Conditions governed every aspect of the subdivision including all house lots that fell within the Commission's jurisdiction. As indicated by letter and as -built plan prepared by Peter Ogren of Hayes Engineering dated January 25, 1994, the as -built plan was prepared for the owner but the Commission did not grant a Certificate of Compliance due to incomplete soil stabilization and landscaping. The owner never followed up on securing the Certificate until now. Based on information contained in the file, the owner proceeded to construct an in- ground pool in October of 1995, for which the Commission issued an Enforcement Order (EO). The EO was returned as unclaimed. Squibb arrives. Discussion ensues with Mrs. Tarnowski about how three attempts had been made to deliver the Enforcement Order to her house many years ago. Lang informs her that the Commission needs to get the record straight and that the pool was built without notifying the Conservation Commission in the confines of the buffer zone, which would have required a permit. In response to Mrs. Tarnowski, Lang explains that it is the property owner /applicant's responsibility not the building inspector's to determine that a permit was necessary from the Commission. He adds that the Commission now has a better working relationship and communication with the Building Department relative to wetlands on properties and regulations, but it still remains the owner's responsibility to do their due diligence. Conservation Commission March 26, 2013 Meeting Minutes Page 2 of 5 Mrs. Tarnowski mentions how there are a lot of easements on her property and reiterates her belief that the building inspector should have notified her about need for permit from Commission for pool. The Commission discusses if there was interest in a site walk. Maxner states that she had visited the site and provides photographs to the Commission. She explains that the Order of Conditions issued covered the house, driveway and utilities and these appeared to be in compliance according to the as -built plan but the pool was not shown. In response to Lang, Maxner says there was no superseding Order of Conditions from the DEP, it was a local Conservation Commission Order for the subdivision. Lang explains that the Commission generally has the property owner apply for an RDA or NOI to properly permit structures in the buffer zone. Mrs. Tarnowski says she and her husband are preparing to downsize and sell the property and wants the record straightened out. Lang adds that after the Commission conducts a site visit on a Saturday morning in the next two to three weeks it could determine if an RDA or other application is necessary. He notes the Commission will discuss the next action that should be taken at the next meeting. Mrs. Tarnowski states that the Commission is welcome any time to take a look at the pool. Maxner states she would inform Mrs. Tarnowski when the Commission's site walk is scheduled. Paluzzi moves to continue this item to the April 91h meeting pending a site visit on April 6 Seconded by Bertoni. The motion carries 6 -0. New: Pole Swamp Lane/Preston Place — DEP File #5 -971 — John Soursourian Maxner explains the Order of Conditions, issued in June of 2008, governed improvements to an existing right -of -way known as Pole Swamp Lane, to include grading, paving and installation of stormwater management structures within 200 -Foot Riverfront Area associated with an unnamed perennial stream and 100 -Foot Buffer Zone to Bordering Vegetated Wetland, to service Subdivision Approval Not Required house lots with frontage thereon. The Commission secured an extensive peer review that included evaluation and review of the wetland delineation, identification of potential vernal pool habitat, determination as to the status of the stream, and stormwater management of new roadway runoff. Elizabeth Wallis, Hayes Engineering representing applicant explains engineer's certification calling out two issues of non - compliance relative to the capacity of the detention basin and failure to install "public right to pass" signage. She notes stormwater management areas and that B 1 was somewhat deficient although she characterizes it as non - consequential since it is grassed and it does not retain much water but functions as it should. In response to Lang, Wallis states the as -built volume at elevation 84 is 0.031 acre feet with 21.4% difference versus proposed volume and she provides similar information for elevations 85 and 85.5. Lang noted that .2 acre -feet is 10,000 cubic feet of water or 70,000 gallons of retention capacity and questions why it was under - built. Wallis explains the basin was just a bit smaller from its original size and notes that it could have been dug deeper, but it still functions well. Lang says the Commission would be conducting a site visit to look at 3 Sherwood and perhaps the Commission could visit this site too. Lawler says the pond was stabilized and grassed and functions okay as is. Maxner mentions the remaining outstanding issue which was the "public right to pass" signage that Conservation Commission March 26, 2013 Meeting Minutes Page 3 of 5 was a special condition alerting people passing by of the public right of way. The Commission schedules site walk for Sat., April 6 at 9 a.m. Squibb moves to continue this item to the April 9 meeting pending a site visit on April 6th Seconded by Palulzzi. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess the public hearings. Seconded by Squibb. The motion carries 6 -0. NOTICES OF INTENT Cont: 43 Water Street — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Maxner reminds the Commission had voted to continue the hearing to the April 9, 2013 meeting to allow the applicant time to work on obtaining the other required permits and no discussion will be held this evening. Cont: 10 Pine Knoll Drive — James & Patricia Fortin Maxner reminds the Commission that the March 23 site visit was cancelled as snow cover persisted and therefore will need to be rescheduled. Paluzzi moves to continue the hearing to the April 9, 2013 meeting and schedule a site visit for Saturday April 6, 2013, time to be determined. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 400 Hale Street — Endicott College Callahan Center Maxner reminds the Commission that the March 23 site visit was cancelled as snow cover persisted and therefore will need to be rescheduled. She notes that the Commission's peer review consultant, NECE, has just begun the review with the hopes of having a report to Commission by the April 9, 2013 meeting. Paluzzi moves to schedule a site visit for April 6 and continue the hearing until the Commission's meeting on April 9. Seconded by Buchsbaum. The motion carries 6 -0. The Commission schedules site walks on April 6 starting at 8:30 a.m. to visit 3 Sherwood Lane, 10 Pine Knoll Drive, Pole Swamp Lane/Preston Place and Endicott College campus. OLD/NEW BUSINESS New: Regulations Review — Sub - Committee Update Lang explains that a few members of the Commission met a couple of weekends ago to start discussing possible amendments to Beverly's Wetlands Protection Regulations. Maxner notes that Conservation Commission March 26, 2013 Meeting Minutes Page 4 of 5 she provided a bullet sheet that encapsulates the major points of discussion at that meeting. Discussion ensues about resource areas and performance standards in the Regulations and Maxner offers to get a legal opinion from either Attorney Chip Nylen or Attorney Jeff Roelofs as to whether a resource area can also be a performance standard. Maxner mentions that if any changes were proposed to the Ordinance this would have to go before City Council, but notes the Commission can propose changes to the Regulations through its own public hearing process. Maxner notes in the regulations the buffer zone is listed as a resource area and for the 100' buffer there is a 25' NDZ performance standard. Bertoni states that the intention was to allow certain activities in the 100' buffer not the 25' NDZ. Lang says this issue has to be straightened out and the Commission needs to analyze how the ordinance and regulations cross - reference each other. Maxner notes that she has not received much in the way of feedback from other towns and cities relative to no disturb zones around vernal pools. Discussion ensues about rationale that the Commission would have to define about where the no disturb zone would begin and end. Discussion ensues about how far amphibians will travel relative to viable percent of population. Discussion continues about the definition of vernal pool and if it has to dry up and if a pond remains a vernal pool relative to National Heritage definition. Maxner mentions that Grant offered to research case law on vernal pools. Buchsbaum offers to gather definition from NHESP for vernal pools. Lang suggest that the Commission meet and continue discussion on the Regulations at the Library after the site walks on April 6 and end at noon. Members agree. Maxner notes that she will map out the route and times for the site visits and secure a room at the Library for April 6th Cross Lane Soccer Field, Order of Conditions #5 -642 Maxner explains that the Commission issued an Order of Conditions in 1998 to the City of Beverly for minor grading and expansion of the soccer field at Cross Lane and installation of fence delineating the wetlands with no cutting to be done beyond the fence or wetland side. She notes that a neighbor Theresa Ciavolo had been part of the public hearing process and reported to her that cutting on the wetlands side had been undertaken recently and asked Maxner to follow up. She contacted City Tree Warden Phil Klimowizc who was also involved during the permitting phase an and asked him to explain the work that was done. Klimowizc told her that a dead tree was removed and then some limbing was done around the periphery of the field. Maxner visited the site and observed as many as three trees were cut on the wetland side. Lang suggests the Commission drive by the site during its site walks and he says the Commission can follow up with discussion at the next meeting. Maxner mentions that the Order that was never recorded at the Registry or closed out with a Certificate of compliance. Approval of Minutes The Commission discusses amendments to the January 29, 2013 minutes with Maxner. Paluzzi moves to approve the minutes as amended. Seconded by Buchsbaum. Motion carries 6 -0. New: Expenditure Approvals Conservation Commission March 26, 2013 Meeting Minutes Page 5 of 5 Paluzzi moves to approve the $200.00 expenditure for Jeffrey Roelofs, the Commission's special counsel relative to the 50 Dunham Road ANRAD appeal, for his services rendered from February 5 th through the 22 Seconded by Squibb. Motion carries 6 -0. Adiournment Paluzzi moves to adjourn at 8:15 p.m. Seconded by Bertoni. Motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, April 9, 2013 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.