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2014-12-09These minutes were reviewed by the Conservation Commission at its June 30, 2015 meeting. The Commission voted 2 -0 -2 to approve these minutes as amended, with Bertoni and Squibb in favor and Donnelly and Grandoni in abstention as they were not seated when these matters were heard and for no other reason. Due to turnover in Commission membership, it was not possible to achieve a full quorum of eligible members to vote on these minutes at the June 30' meeting, resulting in a 2 -0 -2 vote. Therefore these minutes have been approved by the members who were seated for the matters in question. CITY OF BEVERLY PUBLIC MEETING MINUTES SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission December 9, 2014 Chair Christine Bertoni, Vice Chair Robert Buchsbaum Stephanie Herbster, Paul Knight, Tony Paluzzi, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor City Council Chambers, 191 Cabot Street, Beverly, MA. Bertoni explains that the Commsison will be entering into Executive Session, noting when finished, the Commission will return to the regular meeting and continue with the scheduled agenda items. She asks for a motion to enter into executive session pursuant to MGL ch. 30A, section 21, purpose no. 3: To discuss strategy with respect to litigation (Cummings Properties, LLC v. Conservation Commission of the City of Beverly, Appeals Court Docket No. 2014 -P- 0045). Paluzzi so moves. Seconded by Knight. Bertoni takes a roll call vote: Knight — yea, Paluzzi — yea, Buchsbaum — yea, Herbster — yea, Squibb — yea and Bertoni — yea. The Commission exits the Chambers to the Conference room. The Commission returns to the regular meeting and Paluzzi moves to recess for public hearings. Seconded by Knight. The motion carries 6 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION Cont: 44 Standley Street, Map 58 Lots 1B & 2 — confirm wetland delineation — R.C. Realty Construction & Development, LLC c/o Thomas Carnevale John Barrows the project wetland scientist explains the applicant is asking the Commission to review and confirm approximately 600 linear feet of bordering vegetated wetland at 44 Standley Street. He notes that a site inspection was conducted on November 22 with the Commission and Conservation Commission December 9, 2014 Meeting Minutes Page 2 of 5 himself, at which soil samples were taken at the members' request along certain section of the wetland line. No wetland flags were changed in the field. Maxner notes that the consultant provided watershed calculations of .02 square mile. There being no further questions from the Commission or the public, Buchsbaum moves to close the hearing and issue an ORAD approving the wetland line as presented. Seconded by Knight. The motion carries 6 -0. NOTICES OF INTENT AND/OR ABBREVIATED NOTICES OF INTENT Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Maxner notes the Commission received a request for a continuance to the January 6, 2015 meeting. Knight moves to continue this hearing. Seconded by Paluzzi. The motion carries 6 -0. New: 25 Trask Street, DEP File #5 -1140 — construct new single- family house — John Athanasopoulos Maxner reads legal notice. Maxner explains the Commission has received a request for a continuance to the January 6, 2015 meeting as the wetland consultant had a conflict this evening. Paluzzi moves to continue this hearing. Seconded by Knight. The motion carries 5 -1 -0, with Squib abstaining. OLD/NEW BUSINESS New: Presentation of Draft Conservation Restriction for City -Owned Norwood Pond Space — David Santomenna, Essex County Greenbelt (ECGA) David Santomenna, Director of Land Conservation for ECGA, explains that Mayor Cahill approached Greenbelt about a Conservation Restriction for the Norwood Pond open space area. He notes that ECGA has completed its own due diligence in preparation for accepting stewardship of the CR and it has been fully endorsed by its Acquisition Committee and Board of Directors. He speaks to importance of protection of Norwood Pond, and draft Conservation Restriction for City that has been reviewed by City officials and next step is to submit it to the State. He briefly reviews the reserved rights that the City would be retaining, among which involve habitat management /maintenance, trail use /maintenance, creation of modest parking area at the end of Elnew Avenue, existing dam maintenance, and flood mitigation. Discussion ensues about public access to trail not to pond (i.e., water access) as well as possible changes to drainage so more water is retained in a flood event. Santomenna notes that the Commission's support and endorsement is needed, and any recommendations the Commission may have. Conservation Commission December 9, 2014 Meeting Minutes Page 3 of 5 Bertoni notes a couple of typos in the draft document. Buchsbaum asks if the CR would preclude a canoe launch. Santomenna notes canoe launches are not specifically addressed in the CR. Discussion ensues as to "great pond" status, with Maxner noting the waterbody must be at least 10 acres in size, with Norwood Pond qualifying. There being no further questions or comments from the Commission, Buchsbaum moves that the Commission endorse the Conservation Restriction for Norwood Pond. Seconded by Squibb. The motion carries 6 -0. New: Standley Street Conservation Land Waring School Field Encroachment — Update from Staff on Possible Resolution Maxner reports on the Standley Street conservation land field encroachment issue where the School's attorney has asked that this discussion be put on the January 6, 2015 meeting agenda since he could not attend tonight. The intent is to move forward with the community garden proposal and get the blessing from the donor family about the resolution. Knight moves to table this item to the January 6, 2015 meeting. Seconded by Paluzzi. The motion carries 6 -0. New: Planning Board Request for Comments — Site Plan Review #112 -14 & Special Permit #138 -14 - 50 Dunham Road, revised plans for 5 -Story Mixed -Use Commercial Building — Anderson Clarke, LLP Maxner explains that the City Engineer provided 56 comments on the Dunham Road project. Maxner met with Mike Aveni and Steve Drohosky of Cummings to review every comment and the revised plans that resulted. She notes that other than moving a hydrant she did not see need for formal Conservation Commission review of the revised plans. Discussion ensues about OOC issued by the Commission that prohibited snow storage in the wetland or No Disturb Zone and area identified for this use. Maxner notes that the illicit discharge certification can come in before, during or after the project. She reminds the Commission that it required Cummings to go to the ZBA and seek relief on the height variance of the building so they could eliminate the rip rap slope on the pond side of the building. Maxner wrote a support letter and the ZBA approved that variance request. At the upcoming Planning Board site plan review for Special Permit, the Commission asked Cummings to seek relief from the parking requirements. Maxner wrote a letter from the Commission in terms of its wetland permitting perspective and as staff relative to EPA's MS4 permit relative to City's stormwater conveyance system. New: Community Preservation Committee — Request for Input on Beverly's Community Preservation Priorities Buchsbaum, the Commission's representative to the CPC, speaks to the requirement for the CPC to hold an annual meeting (scheduled for January 15, 2015) to seek input from committees and boards as well as the public on possible project ideas for CPA categories of open space, historic Conservation Commission December 9, 2014 Meeting Minutes Page 4 of 5 preservation, community (affordable) housing and recreation. Commissioners can provide input to Buchsbaum via email, at the Commission's January meeting or at the CPC's annual meeting. Discussion ensues about how CPA funds could be used for potential acquisition of open space parcels and when emergency out -of -cycle projects can be funded. The state match for Beverly's CPA was 31 %. Buchsbaum notes that City sponsored projects can be bonded, such as Camp Paradise, where moving forward the bonding payment could come from general CPA reserve versus the open space reserve that is being used in the first year. Also, he explains that pre - approval of proposed CPA projects is only related to eligibility, not recommendation for funding. Full application is part of the application process in May which the CPC decides which projects to recommend funding for. Commission members agree to forward any of their thoughts and recommendations to Buchsbaum and thank him for his service on the CPC. New: Minor Project Permits Issued by Administrator Maxner notes she has not issued any Minor Project permits since the last meeting. New: Expenditure Approvals Paluzzi moves to approve payment of Jeff Roelofs invoice. Seconded by Knight. The motion carries 6 -0. Approval of Minutes — June 10, 2014, July 1, 2014 Members provide amendments to Maxner for June 10, 2014 meeting minutes. Buchsbaum moves to accept the minutes of June 10, 2014 as amended. Seconded by Knight. The motion carries 6 -0. Knight moves to accept July 1, 2014 meeting minutes. Seconded by Herbster. The motion carries 5 -0 -1 with Bertoni abstaining since she did not attend. Other Business The Commission scheduled a holiday event on January 4, 2015 from 6 to 8 p.m. at Chris Bertoni's home, 62 Hart Street. Maxner notes that Stephanie Herbster is stepping down from the Commission and this will be her last meeting. Herbster notes she has enjoyed her time on the Commission and will miss everyone, but her life has gotten too busy to give enough attention to her position on the Commission. Members thank her for her service and hope that she will attend the Holiday Party. Adjournment Paluzzi moves to adjourn at 8:50 p.m. Seconded by Knight. The motion carries 6 -0. The Next Regular Meeting of the Conservation Commission is Tuesday, January 6, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street. Conservation Commission December 9, 2014 Meeting Minutes Page 5 of 5