Loading...
12-08-15 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission December 8, 2015 Chair Christine Bertoni, John Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb Vice Chair Robert Buchsbaum Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor conference room, 191 Cabot Street, Beverly, MA. New: 939 Hale Street — Tree Removal request — Michael Nestor c/o Jack Ingram Bartlett Tree Experts Jack Ingram speaks to structural defects associated with 2 eastern white pines that are proximal to the house and showing signs of ailment, and posing hazards to property and safety. This property is adjacent to salt marsh associated with Chubbs Brook and within the outer reaches of the Riverfront. A bucket truck or small crane to be used at the driveway so work can be done from the front of the house. Commission members review the materials presented. Paluzzi moved to allow removal of the subject trees for 939 Hale Street, contingent upon compliance with following conditions: • No other trees shall be removed aside from that called out in the arborists report; • Trees shall be flush cut at ground surface and root systems left intact; • The cuttings shall be removed from site and disposed at a property facility; • All cutting activities and maneuvering equipment shall be conducted on the street side of house not on the wetland side; • Any area within the buffer zone that is disturbed by the work shall be restored to its original condition. Seconded by Squibb. The motion carries 5 -0. CERTIFICATES OF COMPLIANCE New: 2 Fosters Point, DEP File #5 -1098 — elevate existing single - familv house and surrounding finish grade, relocate utility connections and driveway, plant and perform landscaping — Eileen Lang Conservation Commission December 8, 2015 Meeting Minutes Page 2 of 13 Maxner notes the Order, issued in May of 2013, governed the elevation of the existing single - family house and surrounding finish grade by approximately 2.25 feet, relocation of existing utility connections, removal of existing asphalt driveway and replanting with loam and seed, installing a pervious paver driveway and associated pervious paver walkway, restoring approximately 600 square feet of sparsely vegetated salt marsh and plant a 100 square foot mitigation planting bed. Work took place within 100 -foot Buffer Zone to Coastal Bank and Salt Marsh, 200 -foot Riverfront Area, and Land Subject to Coastal Storm Flowage (100 -Year Floodplain at elevation 9.81 NGVD). The project engineer submitted an as -built plan. Maxner reports that the site is stable and plantings have been in since 2014 and look good. The salt marsh restoration is doing well and even starting to fill in naturally showing a noticeable difference from when the project started. Paluzzi moves to issue the Certificate of Compliance with standard perpetual conditions. Seconded by Squibb. The motion carries 5 -0. New: 30 LP Henderson Road, DEP File #5 -1064 — construct a contractor's building, paved parking area, install gravel access roadway, contractor stockpile area, utilities and stormwater management facilities — Mark Cicoria, Cicoria Tree & Crane Service, Inc. Maxner states, the Order, issued in November of 2011 and amended in August of 2014, governed the construction of a contractor's building, paved parking area, gravel access roadway, contractor stockpile area, utilities and stormwater management facilities. Work took place within the 100 - foot buffer zone to BVW, but outside the 25' NDZ. She notes the project engineer provided an as -built plan and certification letter. Maxner reports from her site visit minor deviations from the approved plan include riprap versus grassy swale at detention basin and this area is for conveyance versus treatment. The property owner has added more crushed stone to this area. The riprap will be included in O & M Plan. Paluzzi moves to issue the Certificate of Compliance with perpetual conditions as follows: 1. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource are. 2. Herbicides, pesticides or fungicides shall not be applied within 100 feet of the wetland. 3. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 4. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. Seconded by Squibb. The motion carries 5 -0. New: 27 Ober Street, DEP File #5 -922 — rehabilitate existing stone masonry seawall, make minor alterations to existing stairs and ramp access, backfill eroded areas behind wall — Christonher Dick Conservation Commission December 8, 2015 Meeting Minutes Page 3 of 13 David Smith, consultant with GZA is present. Maxner explains the Order, issued in January of 2007, governed the rehabilitation of the existing stone masonry seawall by repointing and raising the top of the wall by one foot, making minor alterations to existing stairs and ramp access, backfilling eroded areas behind wall and installing planting strip. Work took place within coastal bank resource and 25' NDZ directly behind the wall (i.e. the area of erosion). Maxner reports that the site is stable. An as -built plan and certification letter have been provided. No geotextile fabric was detectable in planting swath. Blueberries were put in instead of rugosa rose. Erosion is starting again behind wall so a more robust planting strip might help. Smith notes he was involved in the permitting of the project in 2006. The contractor backfilled the area behind the wall and loamed and seeded to top dress. The property is transferring owners this month. Discussion addresses how a friendly letter could be written to the new owners explaining details about erosion and need to refile if any activity or plantings are proposed. Donnelly moved to issue a Certificate of Compliance with standard perpetual conditions. Seconded by Squibb. The motion carries 5 -0. New: 44 Boyles Street, Local IVW Ordinance Permit - construct in- ground swimming pool, associated patio, infiltration trench, dry well, fence and landscaping — Matthew & Kari Kavanagh Bob Griffin representing the applicant explains that Mr. Kavanagh recently sold this property. The local Ordinance Order, issued in June of 2011, governed the construction of an in- ground swimming pool, associated patio, infiltration trench, dry well, fence and landscaping within 100 - Foot Buffer Zone to an Isolated Vegetated Wetland. The as -built plan illustrates how the pool and landscaping is as proposed. A walkway between the pool and the garage was not constructed. The pool equipment was constructed (with cartridge system) farther away from wetlands than originally proposed. Maxner had approved this in the field. A dry well was installed ( Maxner has photos of construction) that is near local tributary without an overflow pipe. Maxner reports that the site is stable. Paluzzi moves to issue a Certificate of Compliance with standard perpetual conditions. Seconded by Squibb. The motion carries 5 -0. New: 44 Boyles Street, Local IVW Ordinance Permit — construct new single family house on Whitehall Circle subdivision Lot # 27 — Matthew & Kari Kavanagh Maxner notes the Order governs the construction of a new single family house on 11 Whitehall Circle subdivision Lot # 27, which at the time was not yet divided from 44 Boyles to become a separate lot. The Order therefore encumbered the entirety of 44 Boyles Street, which has since been divided. Bob Griffin representing the applicant mentions easement to detention pond, and partial certificate of completion that will remove encumbrance associated with roadway from construction project. The work at Lot #27 has not been completed and the lot is being sold. Mr. Kavanagh wants to remove the encumbrance from roadway Order. Maxner notes that the lot itself for house development is governed by a separate valid Order which will now rule. Conservation Commission December 8, 2015 Meeting Minutes Page 4 of 13 Donnelly moves to issue a partial Certificate of Compliance for 44 Boyles Street as it pertains to the roadway utilities and stormwater structures Order. Seconded by Paluzzi. The motion carries 5 -0. New: 44 Boyles Street, DEP File #5 -862 — construct subdivision roadway, utilities and stormwater structures — Matthew & Kari Kavanagh Bob Griffin representing the applicant notes that the Order governs the Whitehall Circle subdivision roadway and drainage structures, and at the time of permitting, 44 Boyles was part of the project in that 11 Whitehall Circle and one of the detention basins were located on the 44 Boyles original parcel. The applicant is seeking to release 44 Boyles from the Order, a drainage easement for detention basin maintenance has been recorded, and the basin continues to be governed by said Order. Paluzzi moves to issue a partial Certificate of Compliance for 44 Boyles Street, DEP File #5 -862, as it pertained to the subdivision roadway, utilities and stormwater structures. Seconded by Donnelly. The motion carries 5 -0. New: 24 Whitehall Circle, DEP File #5 -1016 — construct new single family house, deck, pool, patio, driveway, landscaping — Carlos Robledo Bob Griffin representing the applicant notes completion request where the single family house and deck, driveway and courtyard have been constructed, and the landscaping is stable. The construction is faithful to the approved plan with a smaller patio that was not constructed. The fence line was set two to three feet in the 25' No Disturb Zone line to avoid trees and in another location to avoid ledge. There is a comparable area in the backyard farther away from the 25' No Disturb Zone. An area called out for lawn was left natural near the roadway, and walkways are pervious. Maxner notes she conducted a final site inspection with Griffin and found no outstanding issues. Donnelly moves to issue a Certificate of Compliance for 24 Whitehall Circle, DEP File #5 -1016. Seconded by Paluzzi. The motion carries 5 -0. New: 11 Whitehall Circle, DEP File #5 -862 - construct subdivision roadway, utilities and stormwater structures — Matthew & Kari Kavanagh Bob Griffin representing the applicant notes that the Order governs the Whitehall Circle subdivision roadway and drainage structures, and at the time of permitting 11 Whitehall Circle was originally part of 44 Boyles Street, and one of the detention basins were located on the 44 Boyles original parcel. The applicant is seeking to release 11 Whitehall from the Order, a drainage easement for detention basin maintenance has been recorded, and the basin continues to be governed by said Order. Conservation Commission December 8, 2015 Meeting Minutes Page 5 of 13 Paluzzi moves to issue a partial Certificate of Compliance for 11 Whitehall Circle, DEP File #5- 862, as it pertained to the subdivision roadway, utilities and stormwater structures. Seconded by Donnelly. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION New: 122 Cross Lane - review and affirm extent and character of wetlands on site — Ben CarlsonBenco, LLC Maxner reads the legal notice. Bob Griffin representing the applicant describes two, two -acre parcels (4.2 acres in aggregate) with 410 feet of frontage on Cross Lane. The wetlands located both on and off site were flagged into A, B, C & D Series. As the wetland scientist's report notes, Series A and D contained evidence of vernal pool breeding activity (i.e. egg masses), with D containing numerous egg masses and A containing 2 egg masses in the spring of 2015. There is a grade change and existing driveway on the property. He explains no one is living in the house at 122 Cross Lane. The BVW red maple swamp system is not directly tied into the Boyles Street drainage system. The 25 -Foot and 100 -Foot No Disturb Zones and Buffer Zones are called out on the site plan. In response to Bertoni, Griffin explains there is a distinct separation between the two BVW areas at the site, noting that the wetland scientist Bill Manuell will be available at a site walk to delineate BVW areas and describe hydrological connection. Bertoni asks if there are any questions from the audience. Griffin goes on to explain that a residential development is anticipated at the lot. In response to Resident of 109 Cross Lane, Griffin described how the resource area delineation is the first step. The Commission scheduled a site walk on Saturday, December 19 at 8 a.m. Donnelly moves to continue the hearing until January 5, 2016. Seconded by Paluzzi. The motion carries 5 -0. NOTICES OF INTENT Cont: 90 Boyles Street — construct single family house and wetland crossing for a common driveway — Carl & Susan Dumas Cont: 92 Boyles Street — construct single family house — Carl & Susan Dumas Brian Butler of Oxbow Associates, representing the applicant describes how vernal pool and related NDZ have been highlighted on the plan. Work at 90 Boyles Street is nearly complete and native plantings within the replication area are doing well based on the Commission's Conservation Commission December 8, 2015 Meeting Minutes Page 6 of 13 observations at its recent site inspection. He explains that the only other changes to the plan are pumps assisting with flow from house to the sewer line leading to municipal line, and erosion control (straw waddles and silt fence) will be replaced where needed. A red -lined updated plan will be submitted identifying vernal pool boundary. The Special Conditions from the previous Orders of Conditions are discussed as to which will transfer to the new Orders. Maxner had provided copies of the conditions for Commission review. Bertoni asks if there are any questions from the audience. There are none. There being no further questions from the Commission, Paluzzi moves to close the hearing on 90 Boyles Street. Seconded by Donnelly. The motion carries 5 -0. Paluzzi moves to issue an Order of Conditions with Standard Conditions and Special Conditions as discussed for 90 Boyles Street. Seconded by Donnelly. The motion carries 5 -0. There being no further questions from the Commission, Paluzzi moves to close the hearing on 92 Boyles Street. Seconded by Squibb. The motion carries 5 -0. Paluzzi moves to issue an Order of Conditions for 92 Boyles Street with Standard and Special Condition as discussed. Seconded by Donnelly. The motion carries 5 -0. Cont: 266 Dodge Street — construction of retaining wall, tree removal and landscaping improvements — Lon Hamor Bob Griffin representing the applicant describes proposal to install a retaining wall adjacent to an old barn on Dodge Street, the foundation of the barn is deteriorating and erosion is migrating down the steep hill toward the BVW The intent of wall is to shore up the foundation, assist with egress around the barn as well as future maintenance. He notes that the Commission conducted a site inspection and there have not been requests to modify the proposed work. Buchsbaum notes that the large tree in area will be saved on the fringe of the BVW as discussed at the site visit. Bertoni notes that site observations made it clear to her that the tree clearing to the left of the house was not significant and she is comfortable with the proposal. Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 5 -0. Paluzzi moves to issue an Order of Conditions with Standard Conditions and the following Special Conditions as discussed: 1. The large Maple tree located within the limited tree clearing area to the northwest of the existing house shall be preserved and its drip edges shall be protected from tree clearing construction equipment and vehicle impacts. 2. Prior to any activity on site, all trees slated for removal within the buffer zone (located east and northwest of the house) shall be flagged in the field and be ready for the Conservation Agent's observation at the time of the Pre - Construction meeting. Conservation Commission December 8, 2015 Meeting Minutes Page 7 of 13 Seconded by Donnelly. The motion carries 5 -0. Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Thomas Doherty Bob Griffin representing the applicant speaks to NOI that was filed in January 2015 to construct a set of stairs with steel and concrete pier, ramp, and a float (10 feet by 20 feet). The proposed modification to the plan is to not install a float with a ramp and a pier but rather a set of metal stairs that will come down to the mean high water location to provide access from the backyard of 16 Bayview Avenue to the flat beach area. Griffin explains the proposed construction of a 4- foot wide staircase, and associated supports, landings and steps to gain beach access. The section of stairs over the vegetated portion of the coastal bank will consist of wooden construction with associated 12" sono- tubes. The section of stairs over the ledge portion of the coastal bank and within rocky intertidal shore will consist of galvanized or stainless steel framing and supports; the landing and treads will consist of non - corrosive material such as plastic or fiberglass. At the bottom of the staircase 9 concrete steps will be pinned to the existing ledge with steel rebar grouted into place. A pervious paver landing and fencing will be installed at the top of the bank and entrance to the staircase. Work to take place within coastal bank, rocky intertidal shore, VE Zone (elevation 25.8 NGVD 1929) and 100 -foot buffer zone. Griffin notes that the solid ledge coastal bank should not be impacted by the proposed project. Discussion ensues about how an existing staircase on a neighboring property has an easement for 16 Bayview Avenue resident use but it does not go to mean high water mark which the proposed staircase would reach. A chain would go across the bottom of the staircase to discourage public use. Discussion addresses how there could be a lot of wave action in the beach area during a storm event. The stairs at the adjacent property has not impacted coastal bank and Griffin reiterates that this could be the case with the proposed staircase. Discussion with the Commission ensues about how last three stair treads may need Chapter 91 approval. Griffin will research if this project triggers need for notification to the Army Corps about the year round staircase within coastal bank. Access to work area will be within 25' No Disturb Zone. A paver pathway is proposed to be installed at grassy area at the top of the staircase for stability. Discussion addresses consideration of location for staircase for accessibility to a flat area especially for launching a kayak. Bertoni asks if there are any question form the audience. Anna Green, 4 Lawnbank Road, notes that she sent a letter to the Commission regarding the project and subdivision of land. She expresses concern about the work being done between tide line and mean low water and whether the applicant owns the area where they are contemplating installing the staircase. In addition, Ms. Green notes that most of the time the staircase will be underwater and asks if a dock is proposed at a later date. Also, that this property shares an easement with abutting properties and would the staircase be used by more than just the property owner. She speaks to the huge waves in the area and that property owners in the area with staircases have continual need for repairs. Griffin notes that the 16 Bayview Avenue property owner owns to the mean high water mark, and that the staircase is the only proposal for sole use Conservation Commission December 8, 2015 Meeting Minutes Page 8 of 13 by the property owner. Maxner notes that the stairs will be exposed to the velocity zone on the coastal bank which is higher than mean high water mark. Griffin states that the staircase will be robustly built. Resident of 32 Brackenbury Lane, speaks to granting of permit relative to public enjoyment of natural resources and how generally the cove does not have stairs and docks and opines that the proposal is overbuilt for the area. Ms. Devereux, 11 Lawnbank Road, speaks to Beverly's OSRD relative to NOI, and force of water on stairway already in the area that has been replaced twice in the last few years. Griffin responds to Sue Desmond, 16 Brackenbury Lane that the proposed staircase size will not change at the time of construction when the fabricator reviews site. Griffin responds to Dan Doherty that no lighting is proposed. The Commission agrees to schedule a site inspection. There being no further questions from the Commission or audience at this time, Paluzzi moves to continue the hearing until the January 5, 2016 meeting with site visit scheduled for 11:15 a.m. on Saturday, December 19. Seconded by Squibb. The motion carries 5 -0. New: 16B Bayview Avenue — construct metal staircase with associated concrete landings and pier supports to gain beach access — Doherty Bay View Realty Trust c/o Thomas & Joanne Doherty Maxner reads the legal notice. Bob Griffin representing the applicant speaks to the second piece of land owned by the same property owner at 16 Bayview, and the proposal for similar access to the beach via a steel staircase which would be an extension to the existing wooden set of stairs to reach mean high water and coastal beach area. Griffin explains the proposal to construct a fixed metal staircase to the ledge portion of the coastal bank with associated concrete piers and landings to provide beach access. The stairs will be anchored in place to the rocky intertidal shore by a 2.5 -ft x 5 -ft concrete landing, and at the top of the staircase a 4 -ft x 5 -ft concrete landing will be cast into the existing ledge outcrop to provide a level surface to access the staircase. Work to take place within coastal bank, rocky intertidal shore, VE Zone (elevation 25.8 NGVD 1929). Anchors would be pinned into the ledge so a kayak could be locked into a frame during the summer season. Some of the staircase would be secured with angle bracket secured into the ledge and two concrete footings are proposed. Chapter 91 requirements apply due to construction below mean high water mark. In response to Bertoni, Griffin will investigate Army Corps requirements. Discussion addresses inspection and maintenance of the proposed staircase, fabrication work will occur offsite, assembly will be done onsite, and a crane is likely to be used for the construction. No fence is proposed along the lawn area. No vegetation removal is proposed. Discussion ensues with abutters about deeded easement and shared maintenance agreement as well as how there is no dock presented on this proposal. Donnelly moves to continue the hearing until the January 5, 2016 meeting with site visit scheduled for 11:15 a.m. on Saturday, December 19. Seconded by Squibb. The motion carries 5- 0. New: 35 Porter Street — install coastal bank stabilization and associated site landscaping improvements — Max Corbett Conservation Commission December 8, 2015 Meeting Minutes Page 9 of 13 Maxner reads legal notice. Bob Griffin representing the applicant explains proposed work for coastal bank stabilization and landscape improvements. He notes the proposal is to place large toe stones (2 feet tall stones) to deflect waves causing erosion along the mean high water line to stabilize the slope of the bank to stope further erosion. Proposed plantings for the area include the addition of four pin oak trees on the frontage, and a mason will be repairing stonewalls in the walkways. Work is above mean high water so he does not believe there will be Chapter 91 or Army Corps review, and he will double check on this. In response to Donnelly Griffin explains that he does not expect the patterns of water now or sediment movement on adjacent properties to change as the result of this work. Donnelly reports on his observations of site and is favorable about proposal. No vegetation is proposed along stone bank. Maxner notes that DEP comments include the need for a full alternatives for riverfront especially an analysis of soft engineering opposed to riprap hard structures. Analysis should also explain how eroding bank is not a sediment source. Griffin suggests that some of the stonework could be changed to vegetation but intent is for low maintenance, but would have to consult with his client on any potential plan changes. Bertoni asks if there are any questions from the audience. There are none. The Commission scheduled a site visit at 10:00 a.m. on Saturday, December 19. Donnelly moves to continue the hearing until January 5, 2016 meeting. Seconded by Paluzzi. The motion carries 5 -0. New:43 Brackenbury Lane — demolish and reconstruct single- family house with addition, driveway and utilitimprovements, construct in- ground swimming pool — Scott Rouisse Maxner reads the legal notice. Bob Griffin representing the applicant describes how the property will be reconfigured and reviews the resource areas of coastal bank, mean high water, FEMA flood zone, BVW and buffer zone. He notes the foundation will be kept and a two -story structure built above flood zone elevation with no basement, regarding of the lot, construction of a deck, pool and fencing is proposed. The driveway will be relocated and raised by 5 feet with a retaining wall. Two drywells will take roof runoff. Septic system will be removed and connection to City sewer on Brackenbury Lane. The lawn will be smoothed out and a retaining wall installed to control drainage from property and level access from front to back yard. Work to take place within coastal bank, land subject to coastal storm flowage, 100 -foot buffer zone and 25' NDZ for which a waiver request has been included. Maxner notes that DEP comments include: additional fees for required for category 2A and new construction must meet current standards for building in an AE zone. Griffin said this would be remedied. In response to several question from the Commission, Griffin reviews the following aspects of the project: Although the existing house is within the 25' NDZ,'new grading and retaining wall construction is proposed within this zone as well. Fence will be installed along' existing lawn on top of seawall as part of pool security, within the existing', 25' NDZ. The seawall Conservation Commission December 8, 2015 Meeting Minutes Page 10 of 13 is in good shape but may need some pointing work. Discussion ensues about the waiver and if the project protects the natural resource area. Griffin notes raising the house above FEMA flood zone grade will improve house's ability toj withstand storm events, moving house to City sewer from septic system and abandoning leach field will benefit wetlands, and recharge through dry wells will enhance wetlands. Discussion addresses how the biologist delineated BVW and inland bank. Griffin will provide the fill calculation. There will be no alteration to drainage easement. Also, that gates in the fence will be installed on Ancient Way. Fence will be placed on existing stone seawall. Bertoni asks if there are any question from the audience. Nancy Brusil, 35 Brackenbury Lane, notes that there are no public easements on the privately, owned street relative to connection to City sewer. She also mentions the underground streams in the area and storm runoff that flows to the beach year round and suspects that this stream is perennial. She states her concern of the potential impact on the wetland due to proposed retaining walls and tremendous amounts of fill. She states her belief that the wetland functions as a vernal pool. She is concerned about the project's impact on wildlife habitat on the site as 'a' lot of creatures use this area. Donnelly asks a follow up question about constructing', on piles to avoid the fill. Griffin explains that the goal is to use the existing foundation and build on that to raise the house, rather than build on piles, and that there are rights for installing utilities in the roadway. He notes that the newly proposed driveway will be 400 square feet smaller than the existing driveway. Also, that the stream does not run continuously as noted in his NOI narrative, and erosion control will be used to keep soil outside of the wetland. Only activity proposed in the 25 foot No Disturb Zone is where there is existing lawn. The '3 foot retaining wall is in the lawn footprint not lower elevations and woods where there is wildlife habitat. He notes that fence work will be done where there is an existing seawall and work is being minimized in No Disturb Zone. It was noted that the sewer tie-in would be reviewed by Board of Health and Engineering Department, but his client has a right to tie in. Paul Rizzo, 35 Brackenbury Lane, states that the stream continuously flows. Resident of 32' Brackenbury Lane, inquired about elements of plan and impact on wetland. Griffin speaks to drainage to driveway from street and interest in bringing gas to property, if possible, and possibility of the removal of a few trees. The Commission agree to schedule a site inspection. There being no further questions form the audience or public at this time, Paluzzi moves to continue the hearing until the January, 5, 2016 meeting with a site visit scheduled for 9:00 a.m. on Saturday, December 19. Seconded by Bertoni. The motion carries 5-0. At 10:28 p.m. the Commission took a break and reconvened at 10:32 p.m. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Donnelly. The motion carries 5-0. Conservation Commission December 8, 2015 Meeting Minutes Page 11 of 13 Old/New Business Cont: Waring School Field Encroachment — Resolution & Proposed Action Plan — W School c/o Atty. Tom Harrington Maxner reports that the City Solicitor has been reviewing the proposed land swap and existing deed for the open space property conveyed to the City. IThe City Solicitor will be providing written opinion for the next meeting. The deed is written such that the Commission is part of a charitable trust which makes the land swap not feasible unless another action is taken in court. Paluzzi moves to continue to the January 5, 2016 meeting pending the City Solicitor's written opinion. Seconded by Donnelly. The motion carries 5-0. New: Rices Beach Enforcement Order — unauthorized dune removal — William Mead John Dick, Hancock Associates, representing the applicant describes proposal for consulting services for removal of invasive vegetation from the dune and to plant dune grass. He will prepare an analysis on the condition of the dune, and write a protocol to revegetate (i.e., dune grass versus woody vegetation) that needs to be planted in April timeframe. Discussion ensues that this situation is being treated under an Enforcement Order to expedite restoration and avoid appeal process. Dick notes that a bobcat was used to drag out the roots with wide teeth so not much sand was taken off site. Dick notes in response to EO letter from Maxner that cease and desist has been done, receipt letter submitted, Dick as wetland consultant was hired, a restoration plan with map will be presented with land analysis including grade, sand size analysis was tabled until dune is analyzed, if he sees no volume of sand removed he won't recommend replacement, he will do a profile of dune, and submit a plant list. Dick states that he will report to the Commission in a timely fashion, Contractor Peter Hinchey did the work on the dune. Discussion ensues with William Mead about his plan to plant 20,000 beach dune plugs (in part to make the beach safer by removing scrub working with a landscaper) and he apologized/described how he did not know that he had to come to the Commission first before work was started. Discussion addresses how an older plan was submitted to the Commission for its consideration. The plan needs to respond to the specific requirements outlined in the November letter from Maxner. Dick will do analysis on the requirements and determine what should be planted at the beach. Squibb moves that a restoration plan as detailed in the Enforcement Order letter be submitted by December 22, 2015 and it will include information on protection to the dune that is needed from now until it is restored and contain opinion about if plantings should be dune grass or wooded vegetation and if roots should be removed based on what can re-sprout, and should that material not be delivered by noon on December 22, 2015 the fines will be retroactive starting on December 9, 2015. Seconded by Donnelly. The motion carries 5-0. New: 147 West Street, DEP File #5-1132 — request for Minor Modification to Order of Conditions — Margarita & Paul Medini c/o Laura Gibson Landscape Design Conservation Commission December 8, 2015 Meeting Minutes Page 12 of 13 Laura Gibson representing the applicant speaks to two hollow willow trees that are dangerous' and should be removed and suggests adding one replacement tree. The other changes are to reduce the size of the driveway and use pea stone over 'a crushed stone base, and a planting bed' (i.e., long stock holly) will be added at the front of the house.'' Paluzzi moves to approve the Minor Modification. Seconded by Squibb. The motion carries 5 -0. New: 441 Hale Street, DEP File #5 -1135 — request for Minor Modification to Order of Conditions — Helen Greiner c/o William Manuell, Wetlands & Land Management, Inc. Bill' Manuell representing the applicant describes how footprint of house has been slightly;', rotated. There is 312 square feet less of house in the buffer zone, and terraces and walls reduced> by 356 square feet. There is a net decrease of 144 square feet in riverfront'area. The landscaping' schedule has been updated and Phragmites removal is moved' out a year. A privet hedge will be removed with hand digging and replaced with native grasses.' Discussion ensues about how the Minor Modification will likely have to be extended from October 2016: Paluzzi moves to approve the Minor Modification. Seconded by Squibb. The motion carries 5 -0 New: Planning Board Request for Comments — 25 Jewett Road Extension — applicant Francis & Marcia Byrne Maxner notes the Planning Board is seeking comments from the Commission on this proposal. Commission members review the plans and discuss the project. The Commission asked that Maxner forward a comment letter to the Board with following recommendations as discussed: • New impervious surfaces should be kept to an absolute minimum and the Commission would support a waiver from the Planning Board to allow reduction in paving the full frontage of the lot; • As many trees and natural vegetation should be preserved to the maximum extent practicable and such trees slated for preservation should be properly protected in the field during construction; • The proposed detention pond should be designed such that the residence time of the runoff on the subject property is maximized to the greatest extent practicable; • The terminal rip rap apron outlet touches the property boundaries separating the private lot from City owned open space. The edges of the apron are too close to the property lines. The rip rap apron should be relocated to terminate well within the confines of the subject lot. This will avoid encroachment during its construction on to City land as well as minimizing the potential for any point discharge erosion from occurring on City property. Other... Discussion or Action Items Related to Commission Business Proposed Deck at 1 Bathing Beach Lane Conservation Commission December 8, 2015 Meeting Minutes Page 13 of 13 Maxner explains that a letter submitted to the Commission by Donald Morse of 1 Bathing Beach Lane, about plan for a proposed deck on the coastal bank outcrop. She passes out a sketch plan' as provide by the owner. Commission members review the plan and unanimously agree that a, full Notice of Intent would be required. Maxner will inform the owner of this. Adjournment Donnelly moves to adjourn at 11:55 p.m. Seconded by Squibb. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, January 5, 2016 at Beverly City Hall, 3rd Floor Council Chambers, 191 Cabot Street.