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07-13-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission July 13, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, John Donnelly, Tony Paluzzi None Amy Maxner, Environmental Planner; Bill Squibb sits in but does not participate as his term is expired and not yet renewed 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. OLD /NEW BUSINESS Ober Park — Parks and Recreation Director of Parks and Recreation Bruce Doig addresses the recent RDA for Ober Park pavilion project wherein the Commission, at Bruce Doig's suggestion, issued a condition that the swing set be removed and area reseeded. He explains that there was much neighborhood upset about removing the swing set and would like to present alternatives to the Commission to allow it to stay. He refers to an aerial map of the park with two areas that could be dedicated for mitigation. The Commission reviews the map and discussion ensues as to the options presented. Bertoni suggests that educational signage be installed at the new chosen mitigation area, Doig agrees. Members agree with the area of turf lawn to the north of the access drive would be most suitable at a 10'x40' swath. Paluzzi moves to strike Condition #4 and replaced it with the following condition: mitigation for incursion of the pavilion into the 200' Riverfront Area, the City shall cease mowing a swath of turf lawn measuring 10' wide x 40' long along the edge of the wetland located north of the access driveway and east of the parking lot as depicted on the attached aerial labeled "reclaim area" underlined in red. The Commission reserves the right to require installation of native plantings depending on what plants volunteer in this area after one season growth. The City shall install signage indicating this area is protected wetland resource that is being allowed to re- naturalize and enhance habitat. Seconded by Buchsbaum. The motion carries 4 -0. Maxner will draft amended Special Conditions and distribute. Conservation Commission July 13, 2016 Meeting Minutes Page 2 of 6 New: 63 Ober Street, DEP File #5 -1129 — request for Minor Modification to Order of Conditions — Charles & Paulette Puleo c/o Griffin Engineering Bob Griffin representing the applicant describes the applicant's interest in installing a 6 foot by 10 foot masonry pizza oven on crushed stone to be located along the westerly property line which is presented in the revised plan and his letter as submitted to the Commission. He explains the oven is proposed in a grassy area 40 feet from coastal bank and does not involve removal of any woody vegetation, noting that a koi fish pond was removed in that vicinity. The oven results in 60 sf of impervious surface. The applicant plans to come back for a certificate of completion in the fall. Paluzzi moves to issue a Minor Modification for 63 Ober Street. Seconded by Buchsbaum. The motion carries 4 -0. New: 43 Brackenbury Lane, DEP File #5 -1175 — update on plan revisions per appeal — Scott Rouisse c/o Griffin Engineering Bob Griffin representing the applicant provides an update on the DEP's intervention under the State Act decision for the project. He notes a concern raised by DEP related to the potential impact to birch trees in close proximity to the masonry retaining wall. Changes to the plan include eliminating the retaining wall to accommodate the roots of the tree at the west side of the house and removal of the fence along the north, west and south sides of the property, and adding a note that the area near wetland flag #7 be left to naturalize. To accommodate the change in grade between the house and woods a small embankment is proposed (5 feet of level ground near the house) and slope planted with creeping juniper or similar vegetation. A fence remains along Brackenbury Lane and DEP wants it lifted 6 inches off the ground for wildlife passage. Members review the changes and agree these constitute minor modifications to the plan which are beneficial. New: Planning Board Request for Comments — 122 Cross Lane Definitive OSRD Site Plan — Benco, LLC Bob Griffin representing the applicant describes the four acre parcel of land which has an existing house. The Planning Board has approved a three lot plan that includes a 200 foot private way. A 1.5 acre portion of the parcel that is contiguous to Sally Milligan Park will be conveyed to the City as open space. Stormwater calculations have been done and stormwater management requirements will be met and reviewed by the City Engineer via the Planning Board process. He explains that Lot 3, the detention basin and small area of the road are within the buffer zone so an NOI will be filed for these activities. Commission members review the plan and discussion ensues as to its aspects from the Commission's perspective. The Commission offer several comments for Maxner to include in its comment letter, including: • the 3 -lot layout preferable as it reduces the footprint of disturbance and impervious surface on site and the Commission is supportive of reducing the roadway width to 18 feet for the same reason. Conservation Commission July 13, 2016 Meeting Minutes Page 3 of 6 • permanent weather - resistant monuments of the open space boundaries and no disturb tract buffers be installed prior to construction and documented by Planning Department staff, Maxner will prepare a letter to the Planning Board outlining the Commission's discussion. New: 39 South Terrace — tree removal request — Charles Ram Charles Raymond describes that the large pine tree in the front of the property next to the garage snapped off during a windstorm and fell on the garage completely damaging the roof. It was discovered that the tree was infested with carpenter ants and was severely compromised before it snapped mid - trunk. He notes concern from immediate abutters that another large pine trees on his property could come down and cause damage similar to what occurred. He has provided an arborist's evaluation who has reviewed the white pines in question along with photos of the trees, recommending their removal due to shallow root structure and top heavy branch formation. Raymond states he is happy to replant with replacement trees of deciduous species as recommended by his arborist. Maxner notes that the trees in question are within the very outer limits, or outside, the 200 -foot riverfront area. The Commission reviews the information provided. Paluzzi moves to approve removal of identified trees with the following conditions: 1. All trees shall be cut flush to the ground and the stumps and roots shall be left intact and not ground out or disturbed; 2. Upon consultation with an arborist or other qualified landscape professional, not less than two (2) native trees at 1.5" to 2" caliper shall be planted on site that are suited for the soil and other environmental conditions found on site to ensure their growth and survival; The proposed trees species and their locations on site shall be forwarded to the Commission for its review and record. Seconded by Buchsbaum. The motion carries 4 -0. New: 40 Brackenbury Lane — tree removal request — Henry Lodge Maxner states the Commission received a request to remove trees at the end of Brackenbury and provided photos of the subject trees and her findings from site observations. Grandoni notes he visited the area and notes that there is a locust that seems healthy and of not immediate hazard, noting it on the photo. Discussion ensues about how the applicant needs to coordinate with City arborist if the trees are within the right of way. Maxner reports that a crane will operate from Brackenbury Lane on paved surface so there is no impact to resource area. She notes the dead oak or maple is located in the property's backyard and will also be removed. She notes that the vegetation is too dense in area for her to locate the top of coastal bank. Buchsbaum moves to approve the removal of the subject trees with the following conditions: 1. The tree contractor must consult with the City Arborist Phil Klimowicz regarding the Locust trees along the Brackenbury Lane roadway if the trees are located within the City right of way; Conservation Commission July 13, 2016 Meeting Minutes Page 4 of 6 2. All trees shall be cut flush to the ground and their root systems shall be left intact and not ground out of disturbed in any way; 3. Only the 4 Locust trees shown in the pictures (as will be annotated in the letter Maxner will send) may be removed. There is a Locust tree located closer to the water that appears to be healthy and not posing a hazard. Seconded by Paluzzi. The motion caries 4 -0. New: 17 Riverview Street— unpermitted dock/gangway & beach rock alteration — Elizabeth Janes Maxner reports an unpermitted the dock/gangway was identified on the property at 17 Riverview. Ms. Jones states she has been before the Commission to install a raised garden bed via a Minor Project Permit and notes has engaged wetland consultant to begin planning for a garage and a pier and terminal floats and will be filing an application for NOI soon. Ms. Jones states that she did not intend to circumvent the law but asks if she can keep the floats in place until a NOI is filed. Maxner notes that this will also require a Chapter 91 license which could take months to obtain, and she strongly recommends that the Commission remain consistent with enforcement on these types of violations, recalling the unpermitted floats and gangways on South Terrace and others. Buchsbaum notes that the violation needs to be addressed and agrees the Commission should be consistent in its approach to enforcement, with members agreeing. Ms. Jones agrees to get the dock and gangway out of the water and relocated to her driveway by the Commission's next meeting. Paluzzi moves to issue the Enforcement Order with the following conditions: ➢ Cease and desist from any activities on the dock and gangway or in the resource areas; ➢ Remove the float, the gangway and any /all recrational watercraft and relocate them in a dry upland location or at a location where said structures will not impact resource areas by grounding out at low tide. Removal of said structures /craft shall be completed no later than 3:00 p.m. on August 2, 2016 to be verified by the Conservation Administrator. Seconded by Buchsbaum. The motion carries 4 -0. New: 19 Riverview Street — unpermitted dock — Laurie Estey Maxner reports she received a call that work was being done on a float and dock at 19 Riverivew Street, for which not permits were on file or submitted. Ms. Estey states that she had a float built 11 years ago with Harbormaster approval, and was not aware she needed any other approvals. The Commission refers Ms. Estey to DEP's guidance document on permitting of small docks and piers and the approval process needed from the Commission and State agencies. The Commission advised that the structure needs to be removed. Buchsbaum moves to issue the Enforcement Order with the following conditions: ➢ Cease and desist from any activities or repairs on the float /dock or in the resource areas; ➢ Remove the float, associated chains and any /all recrational watercraft and relocate them in a dry upland location or at a location where said structures will not impact resource areas by grounding out at low tide. Conservation Commission July 13, 2016 Meeting Minutes Page 5 of 6 ➢ Removal of said structures /craft shall be completed no later than 3:00 p.m. on August 2, 2016 to be verified by the Conservation Administrator. Seconded by Donnelly. The motion carries 4 -0. New: 32 Pickman Road, DEP File #5 -1100 — request for extension to Order of Conditions — John Osbon c/o Siemasko & Verbridge Maxner reports the Commission received a request for extension to an Order it issued allowing construction of in- ground pool, retaining wall and slope cleaning and replanting. As part of the Order, the Commission required that all yard waste and dumping be removed from the slope. A 16 inch spruce was removed. No other work has occurred with the exception of removal of dumped material on the top of the slope. Maxner reported her site inspection observations of bare soil along the top of the slope which is vulnerable to erosion, noting that most of the vegetation is jewel weed with some trees. She explains the property owner is looking to sell the property and wants a valid Order for the next owner. Discussion addresses how the slope needs to be replanted. Buchsbaum moves to require the property owner to stabilize the slope with plantings and continue this item to the August 2, 2016 meeting. Seconded by Paluzzi. The motion carries 4 -0. New: 20 Fosters Point — permit requirement inquiry — Joanne Lappetito & Patricia Kenny Maxner reports on her site inspection of long dock with multiple pilings which are deteriorating. She notes she included photos, letter and work description as provided by the owners of the property. Grandoni notes he visited the site and he does not understand how the proposed cross bracing will help support the dock if the piles are rotting. Discussion ensues about whether proposed use of cross braces would suffice so supports will not allow dock to touch mudflat. Member review photos and work description as provided by the owners Ms. Lappetito and Ms. Kenny. Members agree that a permit would be required and the Commission would like to see a different solution for addressing the rotted piles as the proposal at hand does not seem to address the problem. Maxner will communicate the Commission's recommendations. New: Waring School Field Encroachment — Resolution & Proposed Action Plan — Review Latest Correspondence from Citv Solicitor Maxner explains the Commission received a follow up letter, which she included in the Commission's packets, from the City Solicitor to help clarify her opinion that there is no hardship relative to school field encroachment and the legal process to amend a charitable trust which this property is subject to. Extensive discussion ensues as to the next steps to address the encroachment since the land swap proposal is no longer viable per the Solicitor's opinion letter. Removal of the encroachment is discussed with reasonable deadlines for school action. Maxner notes that a physical barrier, such as a post and rail fence, should be considered to delineate City land clearly in the field. Conservation Commission July 13, 2016 Meeting Minutes Page 6 of 6 After lengthy discussion and upon consideration and upon of City Solicitor guidance and advisement, Paluzzi moves that the Commission issue the following enforcement directives: • Waring School must vacate the subject property no later than December 2016; • Commission shall install fencing (post and rail style) to better delineate property boundaries as soon as ground conditions allow. Seconded by Buchsbaum. The motion carries 4 -0. Maxner will consult with the City Solicitor as to the Commission discussion and vote this evening and obtain guidance as to the best form in which to deliver this information to the school. Bertoni notes that the trail access to this and abutting City owned parcels located to the east is currently occurring over Waring School property and alternative access routes will need to be established on City property. Members agree that a boardwalk/pedestrian bridge to cross the stream and a small parking area will need to be constructed in order to facilitate public use of the property. New: Expenditure Approvals Paluzzi moves to approve $40.60 for mileage reimbursement for 203 miles accumulated by Amy Maxner on various site visits and other Con Com business for the 2 -month period of May and June 2016 (203 x .20 /cents /per mile = $40.60). Seconded by Buchsbaum. The motion carries 4 -0. Buchsbaum moves to approve the renewal of the Commission's annual membership to MACC at $534.00 that includes the Commission members and Maxner as staff. Seconded by Paluzzi. The motion carries 4 -0. Donnelly moves to approve $105 for yearly subscriptions to the on -line version of the MACC Environmental Handbook — the cost is $15 per person, with 7 (6 members, 1 staff). Seconded by Paluzzi. The motion carries 4 -0. Approval of Minutes Members review draft minutes. Paluzzi moves to approve the February 2, 2016 as amended. Seconded by Donnelly. The motion carries 4 -0. Adjournment Donnelly moves to adjourn at 9:35 p.m. Seconded by Buchsbaum. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, August 23, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.