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2015-09-22CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission September 22, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Richard Grandoni, 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 Council Chambers, 191 Cabot Street, Beverly, MA. Certificates of Compliance New: 8 Curtis Point Road, DEP File #5 -957 — construct 3 -car garage, remove existing rear deck and construction of new deck with stone patio, extend landscaping retaining walls and repave driveway — John Duffy Peter Ogren, Hayes Engineering and John Duffy owner are present. Maxner notes the Order, issued in June of 2007, governed house renovations including construction of 3 -car garage within same footprint of existing garage and carport, removal of side stairs and porch and construction of new porch and stairs outside 25 -Foot No Disturbance Zone (no other work was proposed in the 25' NDZ), removal of existing rear deck and construction of new deck with stone patio, extension of landscaping retaining walls and repaving of driveway within 100 -Foot Buffer Zone to BVW, and 200 -Foot Riverfront Area. Standard Conditions were issued, with no Special Conditions. Maxner states that the applicant undertook clearing in the No Disturb Zone outside of the Order of Conditions and site plan. She had observed the clearing and asked applicant to prepare planting plan. Plantings were installed in 25' buffer to BVW and wetland scientist submitted a report with review of planting. The area to the west of the pond has been thickly revegetated and plantings were doing well. The bank to the north of house is revegetated since it was cleared. Discussion ensues with Duffy and Ogren about habitat enhancement plants that include landscaping plants. Duffy notes that Maxner observed Japanese knotweed is along the pond to the north with a patch in No Disturb Zone and commitment to eradicate the invasive species will have to be discussed with future property owners since the property is transferring in two weeks. Conservation Commission September 22, 2015 Meeting Minutes Page 2 of 5 Paluzzi moves to issue Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0. New: 412 Hale Street, DEP File #5 -909 - Construct of a new athletic field, access sidewalks, stormwater drainage system, and landscaping — Landmark School c/o David Seiter Landscape architect Katherine Martin representing the applicant speaks to the Order, issued in February 2007, that governed construction of a new athletic complex for the Landmark School south campus, including a new playing field, gymnasium (the gymnasium was located on another site, so was eliminated from this project), parking area (the parking was related to the gymnasium, and therefore eliminated), sidewalks, stormwater drainage system, and landscaping. The applicant has responded to requirements for Certificate of Compliance from Maxner after she visited the site a number of times. Maxner states she believes the site to be stable with no outstanding issues. She reviews the list of long term conditions to attach to the Certificate of Compliance. Martin notes that the school's facility department had no objections to the long term conditions. Frequency of reporting is discussed and yearly timeframe is agreed. Paluzzi moves to issue the Certificate of Compliance with the perpetual conditions as discussed. Seconded by Buchsbaum. The motion carries 6 -0. New: 4 Brooks Circle, DEP File #5466 — construct new in- ground swimming pool to replace existing in- ground pool — c/o Hancock Associates John Dick representing the applicant explains this Order issued in June 1994, governed removal of an existing in- ground pool and installation of a new in- ground pool in different location and shape. He notes that Riverfront Area regulations were not in effect at that time so work took place within 100 -foot buffer zone to top of bank of the brook, with no work within 50 feet of the bank. Maxner and Dick visited the site and found it to be stable with pool shape, size and in location as proposed. There was no dumping observed in the wetlands beyond the fence. The present owner was advised about how his property is fully encumbered by the Riverfront. The septic system was abandoned and connection to City sewer was done in 1994. The pool has recycling filter so draw down or backwash is not necessary and there were no hoses indicating any discharge. Paluzzi moves to issue a Certificate of Compliance for 4 Brooks Circle. Seconded by Grandoni. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0. NOTICES OF INTENT and /or ABBREVIATED NOTICES OF INTENT Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Tom Doherty Conservation Commission September 22, 2015 Meeting Minutes Page 3 of 5 Maxner notes the Commission received a request for continuance. Squibb moves to continue to the October 13, 2015. Seconded by Paluzzi. The motion carries 6 -0. Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott College c/o Dennis Monaco Maxner explains the Commission received a request for a continuance from the applicant as they would like more time to review the proposed draft special conditions. Grandoni notes he will not be present for the October 13t' meeting. Discussion ensues as to the Commission's preference to have a full compament of the Commission present for any final vote. Paluzzi moves to continue the hearing to the November IOt'' meeting only if the applicant is amenable to that date, if not the hearing would be continued to October 13t''. Seconded by Squibb. The motion carries 6 -0. OLD/NEW BUSINESS Cont: Chapmans' Corner Estates Subdivision Roadway, DEP File #5 -862 — discussion regarding outstanding fines per January 23, 2013 Enforcement Order — Manor Homes Development, LLC c/o David Carnevale Bob Griffin representing the applicant notes he is here to answer the Commission questions relative to the enforcement order and outstanding fines that need a final vote by the Commission. Bertoni stated that the fines are the mechanism to enforce the regulations. Discussion ensues on outstanding fines of $1,200 for 6 days at $200 /day. Bertoni moves to require payment of the fines in full. Donnelly seconds the motion. The motion fails 3 -3, with Bertoni, Donnelly and Buchsbaum in favor and Paluzzi, Squibb and Grandoni opposed. Paluzzi moves to reduce the fines from $1,200 to $300. Seconded by Buchsbaum. The motion carries 4 -2 with Bertoni and Donnelly opposed. Cont: 50 (52) Dunham Road, DEP File #5 -1123 — enforcement order follow up restoration plan — Cummings Properties, Anderson Clark, LLP This agenda item has been continued until October 13, 2015 with a deadline of Tuesday, October 6, 2015 for submission of restoration plan. Cont: Waring School Field Encroachment Resolution Proposed Resolution Action Plan — approval of MOU & Article 97 disposition vote — Waring School c/o Atty. Tom Harrington Maxner notes the draft action plan and MOU is still being reviewed by the City Solicitor and the Mayor will be debriefed on the proposal and meeting will be held with the Mayor, Commission's Chair, Vice Chair, Maxner and Ed Becker of ECGA before it goes to City Council. Buchsbaum moves to continue to the October 13, 2015 meeting. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission September 22, 2015 Meeting Minutes Page 4 of 5 New: 131 McKay Street, DEP File #5 -1142 — request for Minor Modification to Order of Conditions, change sewer pipe location — Windover McKay, Chris Rokos of Meridian Associates, representing the applicant explains change in sewer pipe connection location to the back of the building within the buffer zone to existing manhole. He notes work is already slated to take place within this part of the buffer zone including pavement removal, a rain garden install, infiltration system, as well as utilities running along river walk. Maxner states she recommended the contractor cut down the bittersweet vines clinging to the trees on wetland side of erosion controls and spread native conservation seed mix, which is growing well now. Donnelly notes he visited the site and it looks to be in compliance and has no problem with the Minor Modification. Paluzzi moves to approve the Minor Modification as discussed. Seconded by Grandoni. The motion carries 6 -0. New: 90 & 92 Boyles Street, DEP File #'s 5 -972 & #5 -974 — request for extension to Orders of Conditions — Carl Dumas Attorney Thomas Alexander representing applicants Carl & Susan Dumas who are requesting one year extension on two Orders of Conditions. Maxner notes the Orders expired on September 16, 2015 (Wednesday of last week) and Mr. Alexander submitted the request for extension on that very day, therefor not 30 days prior to expiration as required under 310 CMR 10.05 (8) (a) and the Beverly Wetland Ordinance. Mr. Alexander suggests that this could be "excusable neglect" since he did not realize the timing for extension was so close and asked for one year extension to account for the 10 -day appeal period where the Order does not come into effect until that period has passed. He notes new NOIs would incur significant cost for his client. Discussion ensues regarding the language of the regulations of the Act and Ordinance, the economic recession that occurred after the Orders were issued and other factors prohibiting the applicant from completing the projects in a timely manner. Mr. Dumas notes that he is the only one doing all of the work on the current house that has been framed. Bertoni states her belief that the Regulations are very clear and the Commission does not have discretion to extend expired Orders. Alexander states he believes the Commission can extend the Orders considering the circumstances as discussed. After further discussion, Paluzzi moves to table this request and inquire with the City Solicitor as to whether the Commission has discretion to grant the extension and in the meantime Maxner prepare a list of deliverables and follow -ups that need to be addressed per the Special Conditions. Seconded by Buchsbaum. The motion carries 6 -0. Review of Minor Project Permits Issued by Agent None were issued since the last meeting. Expenditure Approvals Conservation Commission September 22, 2015 Meeting Minutes Page 5 of 5 Maxner notes there are no expenditures for the Commission's approval this evening. Other Business Memorial Middle School Demoition — Mayor's request for Con Com site visit in advance of October 13, 2015 meeting Maxner explains the Memorial Middle School project is moving forward with design plans, demolition and construction beginning this fall. The Mayor asked if the Commission would be willing to do a site inspection prior to the October 13, 2015 meeting as the City will be submitting a RDA for the demolition phase only, then submitting a Notice of Intent for the construction in December. With the RDA the Commission could review the wetland flagging prior to its October 13t' meeting to observe conditions during the growing season. The Commission scheduled a site visit on Saturday, September 26t''at 8 a.m. Maxner will try to arrange for the wetland scientist to attend the site walk. Tree Removal /Trimming Request — John & Janice Tattersall, 9 Columbia Road Maxner reads the letter from Mr. Tattersall into the record. She notes their property abuts the Conservation Commission property off of Cabot Street and they have been concerned about the trees on the property line potential causing damage or injury. The Commission reviews aerial photo of property to see trees. Members agree to visit the site. Maxner will contact the City's arborist to do a site inspection with her to help diagnose the trees. Discussion ensues and members agree that an inquiry should be submitted with City Solicitor on the matter. Approval of Minutes — June 30, 2015 Squibb moves to approve June 30, 2015 minutes as amended. Seconded by Bertoni. The motion carries 3 -0 -3 with Buchsbaum, Paluzzi and Grandoni abstaining. A majority of the Commission present at the June 30' meeting voted to approve the minutes. Adjournment Donnelly moves to adjourn at 9:00 p.m. Seconded by Bertoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, October 13, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.