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2013-10-22 (2)CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 22, 2013 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Herbster, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor conference room, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE New: 109 Preston Place, DEP File #5 -990 — construct new single- family house, pool, patio, walkways, subsurface septic system, driveway & utilities — Cheryl Angelo Bob Griffin representing the applicant. A site walk was conducted yesterday with Maxner where conditions were found to be stable and the No Disturb Zone markers installed. Maxner reports she had visited the site two to three times during construction and all areas are stable and concurred the pool and pool house with associated patio were not constructed, but instead grading and tiered retaining walls were done in that area along with a small patio. The house is 650 s.f smaller than originally proposed. Maxner notes the following Special Conditions would be included in the Certificate of Compliance file and were issued as part of the approval: 1. The proposed cape cod berm (i.e. curbing) shall be maintained in good repair, as its integrity is integral to the successful function of the stormwater system. This condition shall run in perpetuity and shall survive beyond the issuance of a Certificate of Compliance. 2. Long -term maintenance of stormwater structures, including the vegetated swale and cape cod berm shall be the responsibility of property owner(s) as the structures fall within their property boundaries including such boundaries extending to the centerline of the roadway. Those structures that do not fall within property boundaries, maintenance shall be the shared responsibility of the adjacent lots 1C & 1D. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 3. The limit of the 25 -Foot No Disturb Zone shall be demarcated with markers made of a weather resistant material, which shall not pose a barrier to wildlife movement. They shall be placed at intervals of not more than 50 feet apart and shall be clearly visible above grade. Conservation Commission October22, 2013 Meeting Minutes Page 2 of 4 4. The No Disturbance Zone markers shall bear, on their upland side, by way of permanent plaque or engraving, the following language: "No Disturbance Of Any Kind Beyond This Point By Order of the Beverly Conservation Commission ". Discussion ensues about previous modification request, reduction in footprint of house, and also the deck by 2,000 feet, that cape cod curbing was in good condition, and spillway installed was part of original Order of Conditions for the roadway not the house. Buchsbaum moves to issue a Certificate of Compliance with perpetual conditions. Seconded by Paluzzi. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 7 -0. NOTICES OF INTENT Cont: 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Maxner reports the Commission received a request for a continuance to November 12, 2013 meeting. Paluzzi moves to continue. Seconded by Grant. The motion carries 7 -0. Cont: 10 -12 Congress Street, DEP File #5 -947 — Request for Amended Order of Conditions — replace existing deteriorating seawall with stone rip -rap slope — Beverly Office Development, LLC The Commission had a short meeting due to hearings being continued and addresses other business while waiting half an hour for project Attorney Thomas Alexander to attend the meeting to address this agenda item. Mr. Alexander arrives after the Commission adjourns. Paluzzi moves to continue to the November 12, 2013 meeting. Seconded by Grant. The motion carries 7 -0. ( Maxner will notify the abutters who attended and left the meeting.) Cont: Foster Street — construct drain connection to municipal system, and associated drainage improvements — Lindallwood Realty Trust c/o John Keilty Bob Griffin representing the applicant states that he received comments from DEP that he has not had time to review and requests that the hearing be continued. Paluzzi moves to continue to the November 12, 2013 meeting. Seconded by Bertoni. The motion carries 7 -0. Conservation Commission October22, 2013 Meeting Minutes Page 3 of 4 OLD/NEW BUSINESS New: Tree Pruning Request, end of Brackenbury Lane — Henry Lodge Maxner explains that Mr. Lodge is asking permission to conduct pruning of a Maple tree that is located immediately adjacent to the beach. Maxner provides photos of the subject tree and notes that she observed some Black Locust trees along the road that might need pruning as well. Discussion ensues about public right of way on Brackenbury Lane and the Commission asks Maxner to consult with City arborist about what pruning would occur and what property and report back. Paluzzi moves to continue to the November 12, 2013 meeting. Seconded by Bertoni. The motion carries 7 -0. Minor Project Permits Issued by Administrator Maxner states that none have been issued since the last meeting. New: Expenditure Approvals Buchsbaum moves for the Commission to reimburse $110.00 to Chris Bertoni for her attendance at the MACC Fundamentals for Conservation Commissioners Units 3 & 4. Seconded byPaluzzi. The motion carries by 7 -0. Paluzzi moves to pay Jeff Roelofs $2,025 for services provided relative to the 50 Dunham Road appeal. Seconded by Bertoni. The motion carries 7 -0. Pole Swamp Lane Parcel Exchange for former Vitale Site Active Recreation Use Maxner explains that in 2005 Mayor Scanlon requested that the Commission agree to allow the former Vitale Site be used for active recreation once it was remediated. The Commission voted to allow that in exchange for City owned land in the vicinity of Pole Swamp Lane to be transferred to the Commission's care and custody. Maxner notes that this parcel transfer has not been finalized yet and Dick MacNeill (former DPW Project Director) had done some extensive deed research in an attempt to better define lot boundaries in this area and he produced an updated map. She adds that there are many small parcels, some owned by the City and some privately owned. Maxner recommends that in the interest of tying up loose ends with the current Administration, it may be advisable to request final transfer of the original 7 parcels of land as listed in the Commission's February 6, 2012 letter. She adds that all deeds and chain of title are in hand identifying City ownership that will be referenced by the City Solicitor in the transfer. Conservation Commission October22, 2013 Meeting Minutes Page 4 of 4 Paluzzi moves to reinstate the original set of parcels (17 acres) and send it to the City Solicitor as soon as possible before Mayor Scanlon leaves office. Seconded by Buchsbaum. The motion carries 7 -0. Gradwhol Parcel in Vicinity of Pole Swamp Lane Maxner explains that Mr. Gradwhol would like to gift this parcel (Map 63 Lot 28, a small wood lot) to the Conservation Commission. She explains that City Solicitor Roy Gelineau would carry out the logistics if the Commission accepts the parcel. Maxner notes this parcel directly abutts Conservation Commission owned land. The Commission recommends Maxner conduct a site visit to ensure there are no issues or impediments to the Commission's accepting the parcel. Maxner agrees to do this with Roland Adams who will identify GIS location. Paluzzi moves for the Commission to accept the parcel contingent upon Maxner's findings of no issues on site and communicate this the City Solicitor. Seconded by Buchsbaum. The motion carries 7 -0. Other related business about Pole Swamp Lane Maxner reports that beaver activity is flooding the trail and right of way making it impassable. Discussion ensues about whether or not this is impacting houses and septic systems and if any action should be taken including installation of beaver deceivers. The Commission was of the unanimous opinion that this should be monitored but no action needs to be taken at this moment as health or safety issues are not at risk. Approval of Minutes — August 20, 2013 The Commission provides amendments to Maxner, and asks her to revisit discussion relative to 76 Paine Avenue and refer to the meeting recording for clarity. The Commission agrees to review these minutes in November with Maxner's revisions. Adiournment Squibb moves to adjourn at 8:00 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, Novemberl2, 2013 at Beverly City Hall, 191 Cabot Street.