Loading...
08-23-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission August 23, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jenna Pirrotta, Tony Paluzzi Richard Grandoni 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. CERTIFICATES OF COMPLIANCE Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue to the September 13 meeting. Seconded by Buchsbaum. The motion carries 4 -0. Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for a continuance. Buchsbaum moves to continue to the September 13 meeting. Seconded by Paluzzi. The motion carries 4 -0. New: 441 Hale Street, DEP File #5 -1107 - re -point seawall, add seasonal stairs at dune path, renovate and repair cabana; remove invasive plant species and replant with native coastal species — Helen Greiner Laura Gibson representing the applicant addresses the Commission for a Certificate of Compliance and request for a waiver from the as -built plan. She explains the proposed project and reports that all elements are completed. She notes that changes to the footprint of the wall or cabana were neither proposed nor undertaken and with landscaping plantings, she hopes the Commission can waive the as -built requirement. Maxner notes she conducted a final site inspection and notes that the beach grass has taken very well with much more coverage as shown in the before and after photos provided by Gibson. She inspected the wall and cabana and no deviations from previous footprint were observed, just improvements and repairs. Conservation Commission August 23, 2016 Meeting Minutes Page 2 of 4 Paluzzi moves to waive the requirement for the as -built plan. Seconded by Buchsbaum. The motion carries 4 -0. The Commission reviews on -going conditions. Paluzzi moves to issue the Certificate of Compliance with the on -going conditions as discussed. Seconded by Buchsbaum. The motion carries 4 -0. New: Cabot Street/Veterans Memorial Bridge, DEP File #5 -1090 — Mass. DOT Amy Lynch of Mass. DOT is present. Maxner notes, the Order, issued in October of 2012, governed the construction of a public walkway along the Danvers River via a connection under Pier 6 at the Veteran's Memorial Bridge, and only Standard Conditions were issued. Maxner reports that the site is stable and provides photos of site conditions for review. She notes that the additional support piles under the walkway did not result in any observable impact, and the benches have been installed. Paluzzi moves to issue a Certificate of Compliance. Seconded by Jenna Pirrotta. The motion carries 4 -0. Lynch asks that the Certificate be forwarded to her attention. OLD /NEW BUSINESS Cont: 32 Pickman Road, DEP File #5 -1100 — update on request for extension to Order of Conditions — John Osbon c/o Siemasko & Verbridge Maxner reports, the Order issued in August of 2013 governs the installation of a retaining wall, construction of an in- ground swimming pool and associated porous paver patio, wood deck, removal one 16" caliper Spruce tree, installation native planting bed inside retaining wall and native plantings along steep slope. Work to take place within the 100 -foot buffer zone to bordering vegetated wetland. She notes the property owner, who is in the midst of selling the property and did not do much of the proposed work, has asked for an extension to keep the Order current for the future owner, but now communicated that he would rather let the Order expire. Maxner will speak to the landscape architect about the soil situation and need for plantings along the slope. She notes the Order is recorded against the property deed and the Order, which would necessitate a request for Certificate of Compliance at some point in the future. Paluzzi moves to deny the request for an extension. Seconded by Buchsbaum. The motion carries 4 -0. Cont: 20 Fosters Point — permit requirement inquiry — Joanne Lappetito & Patricia Kenny Maxner reminds the Commission of its discussion on this at the last meeting in the absence of the owner who could not attend the meeting. She notes it was not clear to the Commission how the proposal would be effective in shoring up the rotted piles and it was evident that the proposal would result in direct resource area impact triggering an NOI. Maxner communicated the Commission's observations and Ms. Lappetito asked for time on the agenda to directly address the Commission, and just this morning Ms. Lappetito emailed her asking to be removed from the Conservation Commission August 23, 2016 Meeting Minutes Page 3 of 4 agenda as she thinks she will try to figure out something for next season. Maxner reports that the property owner was instructed that a Notice of Intent would be required for any work that would impact the marsh. The Commission took no action and instructed Maxner to inform the owner that no work on the pier or piles can take place without a permit from the Commission. New: 4 Meeting Place Circle, DEP File #5 -1186 — request for minor modification to Order of Conditions — Lisa Marciano Maxner notes that she expected the applicant to attend, but provides an outline of the proposed minor modification which relates to a revised pool and patio layout, and the pool will have a cartridge system and the patio will be constructed with pavers. There will be a three foot high retaining wall, and grading which were all part of the original plan. Buchsbaum moves to approve the minor modification and modify Special Condition #4 to read: Pool water drawdown for winter closure shall be directed toward the front yard of the property to maximize infiltration and filter cartridge cleaning shall be conducted at the front yard of the property. Pool draw down shall not be directed toward the wetland. This condition shall survive beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 4- 0. New: 3 Melvin Avenue, DEP File #5 -982 — request for extension to Order of Conditions — Paul Gareri Maxner reports this Order, issued in August of 2008, governed demo of existing porch and bump out, pour new concrete foundation to accept a 20'x 28' addition with rear deck, remove and reconfigure existing walkways and driveway to be constructed of previous materials, plant native trees and shrubs, restore salt marsh with salt marsh grass and plant its edge with salt tolerant shrubs. She notes this Order qualified for the State extension and the Commission issued a one - year extension so far, so this would be the last extension available for this Order. Discussion addresses when a Certificate of Compliance could be issued relative to survivorship of plantings and Maxner agrees to remind the applicant of his obligation relative to marsh grass and landscape plantings. Paluzzi moves to extend the Order of Conditions for one last year. Seconded by Buchsbaum. The motion carries 4 -0. New: Review of Minor Project Permits Issued by Agent since last meeting Maxner reports that a minor project permit was issued for exploratory borings in the vicinity of Cummings Center and outlet culvert at Bass River (Elliott Street) as approved by the Chair and Vice Chair. Members have no questions or comments. New: Expenditure Approvals Paluzzi moves to approve $100 expenditure for the Commission's membership renewal to Essex County Greenbelt Association. Seconded by Bertoni. The motion carries 4 -0. Conservation Commission August 23, 2016 Meeting Minutes Page 4 of 4 Approval of Minutes Buchsbaum moves to approve the March 1, 2016 minutes as amended. Seconded by Bertoni. The motion carries 3 -0 -1 with Pirrotta abstaining. Paluzzi moves to approve the May 4, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 3 -0 -1 with Pirrotta abstaining. New: Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence — Maxner asks if the Commission would like Greg St. Louis to attend tomorrow's meeting to discuss Endicott College's drainage NOI. Members agree he should be there if he can attend. Adjournment Paluzzi moves to adjourn the meeting at 8:40 p.m. Seconded by Bertoni. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Wednesday, August 24, 2016 at Beverly Library, 32 Essex Street Barnett Gallery.