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2006-05-02 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: May 2, 2006 Board: Conservation Commission Members Present Chairman David Lang, Tony Paluzzi (Vice-Chair), Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes and Bill Squibb Members Absent: None Others Present: Amy Maxner – Environmental Planner Recorder: Eileen Sacco Chairman Lang called the meeting to order at 7:00 p.m. in the City Council Chambers at Beverly City Hall. Discussion with Mayor William Scanlon – Former Vitale Site Mike Lotti of New England Power Company (NEPCo) addresses the Commission and explains that Mayor Scanlon asked them to come in to update the Commission on the site. He notes that they are in the process of wrapping things up on the site and they want to close things out. Photos of the site were passed around and a plan is displayed showing the proposed grading and field locations. He explains that all of the work in Beverly is done with the exception of hydroseeding in Beverly and Wenham, aside from the required monitoring all actual construction is complete. He notes that the map shows the grading and the layout of the fields. He further notes that one portion of one field is not yet seeded. Lotti explains that the city plans to use the site for playing fields for soccer, lacrosse or football and use parking on site and a concession stand to support the fields. He also notes that there is an option for future use of a clean utility corridor. Lotti explains the history of the site that was taken in 1980 for default on taxes. In 1988 the City deeded the property to the Conservation Commission, which makes the property Article 97 land. He notes that the current use is passive recreation and there is limited suitability of the property for “conservation” purposes. Attorney Mark Kalpin, outside counsel for NEPCo, reviews Article 97, which is an amendment to the Massachusetts Constitution. He notes that a change in use or the change of ownership would trigger the Article 97 disposition process, and explains that Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 2 of 16 the use of the property for active recreation does not likely constitute a change in use, but construction and operation of a concession stand likely does constitute a change in use. Attorney Kalpin reviewed the governing policies of Executive Office of Environmental Affairs (EOEA) and Massachusetts Association of Conservation Commissions (MACC) for Article 97 disposition. He explains that in order to dispose of a property of this nature, a unanimous vote of the Commission is required and then the city council needs to approve it by a two-thirds as well a two-thirds legislative approval of the Home Rule Petition. He estimates that this process could take 6-18 months. Attorney Kalpin reviewed the options available to the Commission for disposition and protection of the property. He notes that all options can be used to restrict the future development of all or part of the site. The options are as follows: ?? Activities and Use Limitation (AUL). He notes that it is quick and easy, however the property owner can change at any time with LSP opinion. ?? Private Grant of Easement (PGE). The easement is assigned to a third party to protect the restrictions. This would trigger the Article 97 process. ?? Grant of Environmental Restriction (GER). Deed restriction and easement to the state is the most protective and cannot be modified by the property owner. The easement would be assigned to the Massachusetts Department of Environmental Protection to further protect restrictions. It also triggers the Chapter 97 process and MA DEP must accept the easement. Attorney Kalpin reviewed the process for each option: ?? Activities and Use Limitation (AUL) is the minimum required for the lead debris closure on the site, which NEPCo will prepare to be approved by the Commission regardless. Restrict future uses to be consistent with recreation. If lead debris is brought to the surface it must be managed properly. (Soil management plan will be included). The AUL will require the approval of the Conservation Commission and will allow Response Action Outcome to be filed for the city’s lead debris issue. He notes that this process is quick and easy but it does not address future use of clean utility corridor, and use of part of the comfort station building as a concession stand consistent with the underlying use of the property. ?? Private Grant of Easement (PGE) needs to be prepared and submitted to third party for approval, has to be recorded and the private party becomes the holder of the easement and therefore the steward of restrictions, which cannot be changed without the permission of the private party. Article 97 approval is required. Authorize the use of the property for playing fields and a concession stand. Allows for use of PGE to third party or GER to MA DEP to protect remedies and if desired restrict certain future incompatible uses of the property. It also allows for potential future assignment of easement for use of clean utility corridor and secondary access. This could allow Conservation Commission maintain decision making control and allows for future assignment of easement for use of clean Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 3 of 16 utility corridor and secondary access. This process will take 6-18 months and requires city council and state legislature involvement. ?? Grant of Environmental Restriction (GER) needs to be prepared and submitted to MA DEP for approval. DEP becomes the holder of the easement and therefore the steward of restrictions which cannot be changed without the permission of MA DEP. Exchange with City for other conservation land. Authorize use of property for playing fields and concession stand. Allows for use of PGE (to Con Com) or GER ( to MADEP) to protect remedies and (if desired) restrict certain future “incompatible” uses of the Property. Allows potential future assignment of easement for use of clean utility corridor and secondary access. This would increase the amount of conservation restricted land in City, and allows for future assignment of easement for use of clean utility corridor and secondary access. This process will take 6 to 18 months and require City Council and State Legislature approval. Discussion ensued regarding these options. Tina Cassidy, Planning Director, addresses Commission and questions if in the private granting of an easement if the Beverly Conservation Commission could be named as the third party. Lang notes that the Commission has the least protection with the AUL. Lotti agrees. Squibb asks the concession stand could be located across the street from the fields, noting that even though there would be an affiliation of use it would not trigger Article 97. Cademartori notes that it is clear that the city intends full use of the property for active recreation and concession stand as well, which suggests movement towards full disposition. Mayor Scanlon addresses the Commission and notes that the city has a lot of conservation land and not enough for active recreation areas. He states that he feels that the ball fields are the best use of the site and that the concession stand and the comfort station make good sense, although concession use at this point is not critical if moving the approval for ball fields can be expedited. Cademartori asks if there is timeline for National Grid to construct the concession stand and comfort station. Lotti states that when they get a commitment from the city that they would like to move forward so that they can close this out as soon as possible. He also explains that they will be monitoring the site for two years. He also states that the fields will be ready for use for the 2007 season. Lang asks if the Commission has a consensus regarding the concession stand. Paluzzi states that he would approve of it, noting that it makes sense to have it on site since it may be a dangerous situation for people crossing Henderson Road to access it. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 4 of 16 Squibb asks if the city owns any property near the site that a concession stand could be built on. Cademartori states that he thinks that the concession stand and the comfort station would be better on site, noting that the utilities are onsite. He also notes that the Commission needs to consider every potential issue that could come up on the site. Hayes states that he thinks that following Article 97 procedure and conveying the property to the City is the best way to handle this. He also notes that it would give the Commission the ability to put an environmental restriction on the site and it would be the strongest form of protection. He also suggests that he worst thing would be for the Commission to retain ownership of the site and if the Commission membership changes commitment to protection may change as well. Cademartori states the logical next step for the Commission would be for the Article 97 subcommittee to meet and consider these options presented and formulate a recommendation to the full Commission possibly in time for the next meeting. Members agree. Lang states that the would like to review this information further and thanked Mayor Scanlon, Tina Cassidy and the Representatives of NEPCo for attending the meeting. Certificate of Compliance 8A Beaver Pond Road – DEP File #5-795 – Michel Reichert Maxner requests that this matter be tabled until the next meeting of the Commission on May 23, 2006. She notes that the as built plans need to be submitted. Paluzzi moves to table the matter. Hayes seconds the motion. The motion carries (6-0) Request for Determination of Applicability New: 12 Shannon Lane – Addition of Porch, Deck and Above Ground Pool – Matthew Fogelgren Maxner reads legal notice. Fogelgren addresses the Commission and explains his plans to construct a new porch, deck and install an above ground pool. He notes that part of the area is in the 25-Foot No Disturbance Zone. He also notes that he plans to move the shed, cobble stone walk, plastic fish pond and bench within the same area. He also notes that the plans call for the installation of a silt fence for erosion control during construction. Paluzzi asks how close to the wetlands they will be working. Fogelgren states that it is about 10-11 feet from the edge of the deck for the pool. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 5 of 16 Hayes asks if there is another location for the pool and keep it out of the NDZ. Fogelgren states that the only other location is the side of the house and the slope is covered with trees that would shade the pool. He also notes that he has a no cutting of trees agreement with his neighbor. Maxner notes that she visited the site but does not have photos available at this time. Hayes suggests that the Commission schedule a site visit. Lang agrees and suggests that the matter be continued to May 23, 2006. It was agreed that the site visit would be held on May 20, 2006 at a time to be determined when Maxner sets the schedule for site visits. There being no further questions or comments regarding this matter Paluzzi moves to continue this item to May 23, 2006. Hayes seconds the motion. The motion carries (6- 0). Recess for Public Hearings Paluzzi moves to recess for public hearings. Hayes seconds the motion. The motion carries (6-0). Notice of Intent Cont: 573 Hale Street – DEP File #5-906 – Replace Existing Stone Pier – Jonathan Loring Maxner informs the Commission that the applicant’s engineer has not had time to prepare comments in response to CZM’s review and recommends that the hearing be continued to the May 23, 2006 meeting. Paluzzi moves to continue the public hearing to May 23, 2006. Hayes seconds the motion. The motion carries (6-0). Continued: - 37 Prince Street – Landscaping – Jim Garrels Bill Manual addresses the Commission and explains that a site visit was held and he has revised the plans according to the recommendations of the Commission. He explains the revised plans and notes that he has included plant substitutions of red cedars and red chokeberry to replace the American beach grass and noted the locations on the plan. He notes that he is submitting two sets of revised plans to the Commission for the file. Paluzzi states that the project seems straightforward and he found no issues on site that would require a continuance. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 6 of 16 There being no further questions or comments regarding the matter a motion was made by Paluzzi to close the public hearing. Hayes seconds the motion. The motion carries (6-0). Continued: - 783 Hale Street – House Renovations, Garage Addition – John Margolis Bill Manual addresses the Commission and explains that a site walk was held and they have no new information to present at this time. Cademartori asks what is going to happen in the asphalt area. Manual states that it is best if it removed noting that they will be better able to control the runoff and provide increased infiltration with a more pervious surface. He further notes that they are willing to remove it and work within the existing footprint. Maxner asks if there are any erosion control measures planned. Manual stated no and explains that the garage is far away from the resource area that he did not include it on the plan. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding the matter a motion was made by Paluzzi to close the public hearing. Hayes seconds the motion. The motion carries (6-0). Continued: 412 Hale Street – DEP File #5-909 – Landmark School – Construction of Athletic Complex with Parking and Athletic Field Maxner explains that the applicant has requested that the matter be continued to May 23, 2006 noting that they need time to respond to the comments from the peer review. Paluzzi moves to continue the public hearing to May 23, 2006. Hayes seconds motion. The motion carries (6-0). Cont. - 44 Prince Street – Reconstruct Single Family Dwelling and Guest House – David Carnevale Maxner requests that the matter be tabled until Mr. Griffin arrives as he had another meeting in another community but will be along shortly. Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion. The motion carries (6-0). Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 7 of 16 New: 175 West Street – Construct Addition to Existing Home and Relocate Driveway – Thad Siemasko Maxner reads the legal notice. John Dick of Hancock Environmental addresses the Commission and explains the plans, noting that the property is located is just east of West Beach. He notes that the new owner of the property has redesigned the site. He reviews the resource areas present on site, which include Riverfront Area, Coastal Bank, Isolated Wetland pockets and Buffer Zone. He also notes that the top of the seawall is the top of the coastal bank and there does exist Coastal Beach and Velocity Zone. He states there is great improvement from a resource area standpoint, which involves shrinking structures and appurtenances away from the resource areas on either side of the property. He explains the pool will be removed from the coastal bank and pulled toward the middle of the property. He explained the new location of the pool and the driveway on the plans. He states there is a better configuration for the driveway will not be paved and will be better for drainage and infiltration. Dick explains that they do not have a DEP file number yet and requested that the matter be continued to the next meeting. Paluzzi suggests a site visit. Lang asks what the proposed elevation will be after the pool is removed. Dick states that the elevation will be the same no grading is proposed and that the area will be landscaped. Paluzzi asks what the condition of the seawall is. Dick states that the seawall is in good condition and they are only proposing to cut in a set of stairs. Maxner asks what is planned for the area between the two isolated wetlands. Dick explains that it is going to be converted from driveway to a lawn. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding the matter a motion was made by Paluzzi to continue the hearing to the May 23, 2006 meeting pending a site Saturday th May 20 time to be determined. Hayes seconds the motion. The motion carries (6-0). New: 7 Tall Tree Drive – Construct In Ground Pool – Robert Maihos Maxner reads the legal notice. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 8 of 16 Maxner requests that the Commission table this matter until Mr. Griffin arrives. Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion. The motion carries (6-0). New: 28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn Jackson Maxner reads the legal notice. Maxner requests that the Commission table this matter until Mr. Griffin arrives. Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion. The motion carries (6-0). New: 25 Linden Avenue – Raze/Reconstruct Existing Single Family Home with Deck, Utilities, and Landscaping – Leslie Salter and David Fry Maxner reads the legal notice. Maxner requests that the Commission table this matter until Mr. Griffin arrives. Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion. The motion carries (6-0). New: Brookwood Road – Pond Restoration – Brookwood School Maxner reads legal notice. Rick Chute, manager of buildings and grounds for the school, explains that they received a permit for this project and an Order of Conditions abut four years ago, but it has expired since the school was unable to fund the project. He states that they are now ready to proceed with the work and have re-filed the Notice of Intent which has not changed since approval. Paluzzi asks how deep the pond is. Chute states that it is probably 2 feet deep along the banks and 8 feet in the center of the pond. Maxner notes that DEP provided comments and has indicated that a habitat analysis as required under Appendix B be submitted. She also states that they need to have water quality certification done as well and a permit under FERC. Lang expresses surprise and the need for a permit from FERC. Hayes states that he feels that this is a positive project and inquires if the area is in Riverfront Area. Chute states that based on the previous filing it is not within Riverfront Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 9 of 16 Area as the stream adjacent to the pond is intermittent. He goes on to explain the dewatering sequence and shows the area they would be working in on the plans. Lang notes that it looks like the pond flows to Chubbs Brook and asked if they would testing the water quality of that as well. ?? stated that it is still being tested on a regular basis since the oil spill that occurred there but they could do it if the Commission wants them to. Lang suggests a site visit. Paluzzi states that it is straightforward and since the Commission approved this before he feels that they could close this tonight, and states that they could condition the project to require that the habitat analysis be submitted prior to construction. Cademartori states that he would be hesitant to approve the project before the habitat analysis comments are received since the results of that study may have direct bearing on how the project is conditioned. Hayes agrees and states that he would like to take a look at what habitat is there. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding the matter a motion was made by Paluzzi to continue the hearing to the May 23, 2006 meeting pending the submittal of a Habitat Analysis. Hayes seconds the motion. The motion carries (6-0). New: 74 Hart Street – Construct 15,300 S.F. and 11,900 S.F. Buildings – Glen Urquhart School Maxner reads the legal notice. George Tremblay a member of the Board of Trustees at the Glen Urquhart School addresses the Commission and informs them that they are here this evening to present their plans to add classroom space to their campus in two phases the first phase will be the wing that is explained tonight and is within the Commission’s jurisdiction, the second phase is on the north side of the carriage house which is out of resource area or buffer zones. He introduces Dave Nyman, Dave Miller, and Dave Klinch to explain the project. Dave Nyman, ENSR Environmental, addresses the Commission and explains that they chose the location on the site for the new building to integrate it with the existing carriage house. He notes that they plan for nature trails and explains the school’s participation in the City’s Chubb Brook restoration project. He showed aerial photos of the site and explained the plans, noting that Chubb Brook and the wetlands are shown on the plans. Nyman also reviewed the proposed plans for parking, zoning setbacks, and vehicular access. He notes that portions of the project are partially in the 25-Foot No Disturbance Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 10 of 16 Zone. Nyman notes that the utilities will be challenging on the site as there is limited space and the site has been redeveloped over a number of years. He explains that the new building will have a bridge over the utilities and explains that they will have to re-route the water, sewer and storm drains on the site. He states that the sewer and the storm drains will be going through the building and the gas will run elsewhere on the site as noted on the plans. Nyman explains the storm drainage plans and notes that they will be adding impervious surface to the site, but they have met all stormwater standards and have worked closely with CDM’s model for that watershed. Nyman also reviews the erosion control measures planned and the operations and maintenance plan for the maintenance of the storm drainage system. He also notes that there will be some filling on the site for the regarding of the proposed playing field and provisions for compensatory flood storage space. Nyman also notes that they are proposing a boardwalk from the proposed parking area to the athletic field to be sure that the rain gardens are preserved. Lang suggests the Commission hold a site visit. Maxner suggests that the Commission have CDM review the drainage since the school is utilizing conveyances designed by CDM. She informs the Commission that she has sent the plans to CDM to start expediting the process, and needs the approval of the Commission to initiate the review. Lang agrees that the peer review is in order. Nyman states that he would be happy to cooperate with CDM on the review. Lang asks if the wetalnd area is flagged. Nyman states that there are a couple of flags on the site, but the flags can be reestablished based on the delineation by CDM. Cademartori asks if the existing drainage will be upgraded to provide further water quality treatment. Nyman states there are no plans at present to retrofit existing catch basins, but the school would be willing to consider it if the Commission wishes. Lang opens the hearing up for public comment at this time. Rene Mary of 274 Hale Street addresses the Commission and asks if this would affect the neighbors on Goodwin Road. Nyman explains that they looked at the peak flows and flood elevations noting that they want them to be compatible. He notes that there will be no change in the flood elevation or the peak flow. There being no further questions or comments regarding this matter Paluzzi moves to continue the public hearing to May 23, 2006 pending a site inspection scheduled for th Saturday, May 20 time to be determined. Johnson seconds the motion. The motion carries (6-0) Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 11 of 16 New: 7 Tall Tree Drive – Construct In Ground Pool – Robert Maihos Maxner notes that Mr. Griffin is still not here and explains that she visited the site with Mr. Griffin last week and provides photos of the site for members review. She states the project involves the installation of an in ground pool and associated patio, however while on site she observed a fairly large area of clear cutting within the Buffer Zone and Riverfront Area which was not authorized by the Commission, and recommends that the Commission conduct a site inspection. Robert Maihos, applicant, states that he was completely unaware of any restrictions for cutting trees and apologizes to the Commission. He states he would be happy to have the members visit his property any time. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter Paluzzi moved to continue the public hearing to May 23, 2006 pending a site inspection scheduled for th Saturday, May 20 time to be determined. Johnson seconds the motion. The motion carries (6-0). New: 25 Linden Avenue – Raze/Reconstruct Existing Single Family Home with Deck, Utilities, and Landscaping – Leslie Salter and David Fry John Shaw addresses the Commission and explains that he plans to take the existing house down piece by piece and leave the foundation in tact. He also explains that he will prune some trees at the edge of the water and also prune some trees on the side of the property and pull the dead vegetation out. He also notes that he will be installing sono tubes for the proposed rear sun deck. Maxner notes that she visited the site with Bob Griffin and the dwelling is within the first 100 feet of the Riverfront Area, she provides photos for members to review. The existing deck will be removed and a portion of that footprint will be used for a new section of house. The proposed deck will be bumped out at the rear of the house. Paluzzi asks about the roof runoff. Shaw states that there will be downspouts and gutters. Lang states that the plan looks straightforward. Maxner notes that the Commission approved a project for a neighboring property a year ago and states that she wants the Commission to be consistent with their decisions in the river front area. She notes that she is concerned that the river front area regulations require that you can’t go any closer to MHW. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 12 of 16 Bob Griffin arrives at the meeting at this time. He explained the plans and noted that there is an exemption for the conversion of a lawn on the water front more than 50 feet from the MHW. Squibb asks how they determined the top of the coastal bank. Griffin explains the process. Maxner asks if there is any work proposed for the existing driveway. Griffin states that they will be leaving it as it is. Paluzzi asks how they will be removing the tree from the water. Griffin states that they will winch it out and up the bank and explains the process. Hayes suggest that the Commission hold a site visit. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter Paluzzi moves to continue the public hearing to May 23, 2006 pending a site inspection scheduled for th Saturday, May 20 time to be determined. Squibb seconds the motion. The motion carries (6-0). New: 28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn Jackson Lang recuses himself from discussion of this matter and leaves the room. Bob Griffin addresses the Commission and notes that this is a summer cottage-type property and explained the plans for the reconstruction of the existing pier. He notes that they will remove the existing pier and drive 6 new wood pilings and reframe the structure. He states that it will be in the same location and elevation and will be a wooden dock supported by wooden pilings. He states there will be 3 new additional piles to help support the seasonal float at the terminus. He goes onto explain the resource areas present on site. Maxner states she conducted a site inspection with Mr. Griffin and provides photos for members to review. She states the project is beneficial in that there are numerous wooden posts supporting the pier now, and they are proposing to replace with only 6 posts which is less impact overall. She asks Griffin what the total impact will be for Land Subject to Coastal Storm Flowage. Griffin states about 10 square feet. Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 13 of 16 Paluzzi asks how high the pier is above the flats and what the boat ramp depicted on the plan consists of. Griffin states that it is about 7 feet at low tide, and explains the boat ramp is just a sandy area that the applicant utilizes for kayaks and such. Hayes asks how they are going to drive the piles. Griffin explains that they will do it off a barge and they will be vibrated in. He also notes that the barge will be brought in at high tide and it will probably be a one-day job. Paluzzi asks how they will remove the posts that are there now. Griffin states that they will probably pull them out noting that they should come out easily. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter Hayes moves to close the public hearing. Cademartori seconds the motion. The motion carries (5-0). David Lang returned to the meeting at this time. Cont. - 44 Prince Street – Reconstruct Single Family Dwelling and Guest House – David Carnevale Bob Griffin addresses the Commission and explains that there was a concern at the last meeting regarding zoning issues on the site, and the applicant is working to gather that information. He requests that the hearing be continued. Cademartori notes that there was a concern at the site visit about the location of the garage. Griffin explains that the building elevations are being prepared and if they move the garage they will interfere with the neighbors view. There being no further questions or comments regarding this matter Paluzzi moves to continue the public hearing to May 23, 2006. Squibb seconds the motion. The motion carries (6-0). OLD/NEW BUSINESS 18-20 Longmeadow Road – Sebastian Barcelar – EO Action Update Maxner notes that at the last meeting the Commission voted that the violations need to be addressed and that significant progress needs to be shown by tonight’s meeting to avoid fines. She explains that she met with Mr. Barcelar on Wednesday and he seemed very clear on what needs to be done. She states she visited the site today and provides photos Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 14 of 16 for members to review. She states that the concrete forms for the deck on # 20 have been removed, but she saw no other significant progress on any other portion of the sites. Lang agrees that there are a lot of issues on the site and notes that there are also some language issues and suggested giving the owner a date certain to get the work done. He also notes that some progress has been made, not enough, but maybe there could be room for interpretation of what “significant” progress means. Hayes agrees that the Commission should give Mr. Barcelar a date to complete the work or face fines. Maxner suggests that if the work is not completed by the date established then the Commission should fine him $200.00 per day. Johnson suggests a $100.00 fine as a lesser penalty especially considering he has indicated he cannot afford a consultant. Lang agrees noting that the Commission has been less aggressive with other violations and he wants to be a little cautious about that. Maxner will send a letter to Mr.Barcelar informing him to complete the work by May 16, 2006 or fines will be imposed. Orders of Conditions 37 Prince Street – Landscaping – Jim Garrels Paluzzi moves to issue Standard Conditions with the following Special Conditions: 1. At a minimum, replanted native woody vegetation shall replace existing vegetation to be removed at a 1:1 ratio. Hayes seconds the motion. The motion carries (5-0-1) with Lang abstaining. 28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn Jackson Johnson moves to issue Standard Conditions with the following Special Conditions: 1. All cutting of decking and pile materials shall be done on the barge or on land and all spoils shall be contained and removed from site. Paluzzi seconds the motion. The motion carries (5-0-1) with Lang abstaining. 783 Hale Street – House Renovations, Garage Addition – John Margolis Paluzzi moves to issue Standard Conditions and the following Special Conditions Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 15 of 16 1. Any asphalt, and excess excavated material from underneath the asphalt patio located at the rear of the dwelling below the proposed deck shall be disposed of off site at an appropriate facility. 2. The yard debris pile located closest to the John & Deborah Gorsline property line shall be removed from site and disposed of at an appropriate facility. Hayes seconds the motion. The motion carries (5-0-1) with Lang abstaining. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on March 28, 2006 were presented for approval. Paluzzi moves to approve the minutes as amended. Squibb seconds the motion. The motion carries (5-0-1) with Hayes abstaining. Approval of Mileage Maxner presents her mileage for January, February, March and April of 2006 for $91.10 which represents 456 miles @ 20¢ per mile. Johnson moves approve the expenditure. Paluzzi seconds the motion. The motion carries (6-0). Ratification of Enforcement Order for 7 Tall Tree Lane Paluzzi moves to ratify the enforcement order issued for 7 Tall Tree Lane. Johnson seconds the motion. The motion carries (6-0) 10 Fosters Point – Mr. Gallagher – Documentation for Certificate of Compliance Maxner explains that Mr. Gallagher has inquired if a letter from the Army Corp. of Engineers would be sufficient as proof of compliance with the Order and approved plan for a Certificate of Compliance documentation. Paluzzi states that his concern would be if the Commission had a problem with the project for some reason that was not connected to the pier or dock. Hayes agrees, but a letter from the Army Corp could facilitate approval for just the dock but if there was mitigation required a full Certificate would be withheld if that was not done properly. Lang notes that the Army Corp has to approved his pier with a full site inspection and he would be comfortable with such a review for a Certificate. Cademartori states that the Commission should change the bylaw if this is to be accepted as sufficient documentation for a Certificate of Compliance. He also suggests that if it is submitted and there is a problem the Commission could request the as built plans. Members agree. 5 & 12 Parkview Avenue – Chapter 91 License Requests Beverly Conservation Commission May 2, 2006 Meeting Minutes Page 16 of 16 Maxner explains the Commission has received a letter from the BSC Group, consultant to the owners of 12 and 5 Parkview Avenue. They are apparently in the process of applying for a retroactive Chapter 91 License and has requested a letter from the Commission indicating that an Order of Conditions is not required since there is no construction being proposed. She reads from the applications that accompanied the letters to the Commission which explain the history of the properties. Cademartori suggests that Maxner call Jill Provencal at DEP and inquire if this is proper protocol for such a situation or if there is language in Chapter 91 for such. He would be inclined to provide such a letter if Ms. Provencal is comfortable with this request. Members agree. Maxner states she will contact Provencal and report back to the Commission. Correspondence Maxner informs the Commission that she included two letters in the packet for the Commission from the Ward II Civic Association regarding the Ventron site at the end of Congress Street. A second letter she wrote to the owner of 100 Hull Street, vacant land that has been subject to dumping and stockpiling of other debris. Site Visits Amy Maxmer will schedule the site visits and inform the members of the Commission. Adjournment There being no further business to come before the Beverly Conservation Commission this evening, Johnson moves to adjourn the meeting. Hayes seconds the motion. The motion carried (6-0). The meeting was adjourned at 10:45 p.m.