Loading...
11-06-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission November 6, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Jenna Pirrotta, Bill Squibb Stephanie Herbster 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 Chamber, Beverly, MA. UEST FOR CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy Squibb moves to continue this request for Certificate of Compliance to the November 27, 2018 meeting. Seconded by Dines. The motion carries 6 -0. Cont: 14 Cleveland Rd. (f.k.a. 391R Elliot St.), DEP File #5 -786 — William & Linda Beard Squibb moves to continue this request for Certificate of Compliance to the November 27, 2018 meeting. Seconded by Dines. The motion carries 6 -0. New: 90 Boyles Street, DEP File #5 -1160 & DEP File #5 -974 — Carl & Susan Dumas Maxner explains that the two Orders of Conditions were issued for the same project, both governing the construction of a new single - family house, attached garage, installation of utilities and limited landscaping around house, a wetland crossing for common access driveway and purple loosestrife eradication/management as mitigation for work that took place within Bordering Vegetated Wetland, Buffer Zone to Bordering Vegetated Wetland and 100 -Foot No Disturb Zone to Certified Vernal Pool. Maxner noted that the Commission held a site inspection when the second NOI was submitted, and that she has conducted a subsequent site inspection in late September this year with the property owners and their wetland consultant and she found house site, driveway and crossing to be stable. The applicant and owner Carl Dumas and his wetland consultant Brian Butler of Oxbow Associates provide a summary on how the purple loosestrife has been managed within the vernal pool. Butler explains that during one year a volunteer population of Galerucella beetles had made Conservation Commission November 6, 2018 Meeting Minutes Page 2 of 6 a significant impact on this particular patch of loosestrife before Dumas had a chance to apply herbicide, but beetles have not been observed in force in that area since. Butler notes that the seed reserve in the soils will be a source of reoccurring loosestrife blooms and future management will be necessary to address this invasive species. Maxner reviews all of the applicable on -going special and standard conditions as well as the No Disturb Zone Rules & Regulations that prohibit certain activities and accessory structures on the site to remind everyone of what is expected into the future. Buchsbaum moves to issue a Certificates of Compliance with the following on -going conditions as discussed: 1. Aside from subdivision that was necessary for the donation of the 3.25 acre open space parcel to the City, this lot shall not be further subdivided for any reason in perpetuity and such restriction shall be recorded on the accompanying deed or other appropriate instrument at the Registry of Deeds and proof of such shall be provided to the Commission prior to any construction or activity on the site. 2. Any further construction separate from what is allowed under this Order, including but not limited to additions, decks, sheds, pools, patios or expansion of landscaped areas and lawns shall be prohibited on this lot, in perpetuity, and this condition shall survive the issuance of a Certificate of Compliance for this Order and this prohibition shall run with the land. 3. The attached one -page sheet entitled "Rules & Regulations Governing The No Disturb Zone for 90 & 92 Boyles Street, Beverly, MA 01915" explaining what is not permitted within the No Disturb Zone shall be presented to any successor in interest or owner of the property at the time of purchase. These Rules & Regulations shall be adhered to in perpetuity and survive beyond the issuance of a Certificate of Compliance. 4. The No Disturb Zone shall be noted in covenants in all deeds to succeeding owners of the property, or portion thereof. 5. Pesticides, herbicides, fungicides, and fertilizers shall not be used on any portion of this site, aside from what is allowed under the "Loosestrife Reduction Protocol, 90 and 92 Boyles Street, Beverly, MA ". Organic pesticides, herbicides, fungicides and fertilizers may only be used subject to review and approval by the Conservation Commission. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance and shall be in covenants in all deeds to succeeding owners of the property, or portion thereof. 6. De -icing chemicals (e.g. sodium, potassium and calcium chloride) are prohibited on the access road and driveway of this site. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance and shall be in covenants in all deeds to succeeding owners of the property, or portion thereof. 7. Snow plowing shall be directed away from wetland resource areas. Accumulated material (stone, sediments, debris, garbage etc...) from snow plowing and snow storage shall be removed annually after spring thaw and disposed of off -site at an appropriate facility. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance and shall be in covenants in all deeds to succeeding owners of the property, or portion thereof. Conservation Commission November 6, 2018 Meeting Minutes Page 3 of 6 8. Erosion of material from the access roadway and driveways shall be monitored and contained. Material originating from the access road and driveways that has migrated off into the Buffer Zone, No Disturb Zones and wetland resources shall be removed manually on an annual basis after spring thaw and disposed of off -site at an appropriate facility. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance and shall be in covenants in all deeds to succeeding owners of the property, or portion thereof. 9. 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 6 -0. REOUEST FOR DETERMINATION OF APPLICABILITY New: 865 Hale Street — Kevin Bar Maxner reads legal notice. Jeff Rhuda of Symes Associates, appears for the applicant and explains details associated with proposal to remove six trees at the southerly end of property and install mitigation plantings as noted on the plan. Tree removal is to take place within the 25' no disturb zone, 50' no build zone and 100' buffer zone on a slope adjacent to an isolated vegetated wetland. The subject trees slated for removal were identified to enhance abutters' view shed of the ocean in a settlement agreement associated with Planning Board's approval of 875 Hale Street subdivision. Mr. Barry's letter had been received by the Commission and Maxner reads it into the record. Bertoni asks for a description of the area and methods of removal. Rhuda states that the slope is thickly vegetated and the tree contractor will access the area by way of a gravel path that is at the base of the slope on the Barry's property. The Commission schedules a site visit for 9:00 a.m. on November 17, 2018. Squibb moves to continue to November 27, 2018. Seconded by Dines. The motion carries 6 -0. Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Grandoni. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 7 Porter Terrace, DEP File #5 -1245 - 7 Porter Terrace, LLC c/o Brian Marks Squibb moves to continue to the November 27, 2018 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 54 South Terrace — Charles Ram Buchsbaum moves to continue to the November 27, 2018 meeting. Seconded by Squibb. The motion carries 6 -0. Cont: 31 Riverview Street — David Allen Conservation Commission November 6, 2018 Meeting Minutes Page 4 of 6 A site visit was scheduled for 11 a.m. on November 17, 2018. Pirrotta moves to continue to the November 27, 2018 meeting. Seconded by Dines. The motion carries 6 -0. New: 18 Morningside Drive — Bill & Jean Daley Maxner reads legal notice. Bob Griffin, Griffin Engineering Group, representing the applicant explains the proposal to repair an existing concrete retaining wall which surrounds the house and directly abuts the bordering vegetated wetland. The 100 -year floodplain is associated with the Miles River. Griffin explains the wall is starting to collapse into the wetlands since it was poorly constructed and explains the approach to repairing and reinforcing the wall without changing its footprint or location. The Commission scheduled a site visit for November 17, 2018 at 10:00 a.m. Squibb moves to continue the hearing until November 27, 2018. Seconded by Buchsbaum. The motion carries 6 -0. Reconvene the Regular Meeting Dines moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Cont: Discussion - Communication from the City Solicitor's Office regarding the Waring School encroachment on Standley Street Conservation Commission land — continued, without discussion, to November 27, 2018 Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager — this item is tabled until further notice The airport representatives will be invited to the January 2019 meeting. Cont: 242 Dodge Street — Enforcement Order Follow Up — Scott Barbeau Maxner reports that the Commission is waiting for the homeowner's engineer to provide a letter of certification for compliance. New: 10 -12 Congress Street, DEP File #5 -947 — request for extension to Order of Conditions — Dennis Pantano Attorney Tom Alexander representing the applicant explains the request for a 1 -year extension to the Ordinance, and 3 -year extension under State Act. Brief discussion ensues as to activities on site which included recon by a potential buyer but the property has not changed hands. Bertoni asks that any and all supplemental information on site contamination conditions be forwarded to the Commission. Alexander agrees. Buchsbaum moves to issue a one year extension under the Ordinance and three year extension under the Wetlands Protection Act with all the existing conditions remaining in force. Seconded by Squibb. The motion carries 6 -0. Conservation Commission November 6, 2018 Meeting Minutes Page 5 of 6 New: 16 Bay View Avenue, DEP File #5 -1141— enforcement order for non - compliance with Order of Conditions — Thomas Doherty Maxner notes that during a DEP site visit for the SOC on 16B Bay View, she had observed cutting on the coastal bank as well as construction of a large stone fire pit patio area with retaining walls at the very top of coastal bank, which are in violation of the approved plan and Order of Conditions, DEP #5 -1141. She went ahead and issued an enforcement order, a copy of which she provided to the Commission for review and ratification. She explains, that due to schedule conflict, the property owner and his attorney were not available to be at tonight's meeting. They requested a continuance to the November 27, 2018 meeting. In response to Bertoni, Maxner explains that the Order required specifications for a paver area landing be provided to the Commission. The Commission discusses the no- compliance, with members agreeing these deviations are serious and express their disappointment with the homeowner's disregard to the conditions of the Order. The Commission scheduled a site visit for 8:30 a.m. on Saturday, November 17, 2018. The Commission will notify the property owner and his attorney in writing that it will expect their attendance at the November 27, 2018 meeting, and provide the following additional information: • Name and contact information of the contractors that performed the work on the patio /seating area and associated landscape retaining wall and cutting of vegetation on the coastal bank; • An account of the number of shrub stems and trees cut or "pruned ", and species of same if possible; • As -built specifications of the existing patio /seating area and retaining wall including its square footage and structural composition above and below grade; • A draft restoration plan that replaces cut vegetation on the coastal bank. Dines moves for the Conservation Agent to issue a letter with points as discussed. Seconded by Squibb. The motion carries 6 -0. New: 7 Emily Way (fka 52 Standley Street), DEP File #5 -1162 — request for extension to Order of Conditions — Chris Umana Dines moves to issue a one year extension of the Order of Conditions under the Ordinance and Wetlands Protection Act. Seconded by Pirrotta. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent 5 Alden Road — new deck — William Gilligan — The Commission reviews the project and members have no comments. Approval of minutes — July 18, 2018 The Commission reviews the draft minutes and offer edits. Buchsbaum moves to approve July 18, 2018 minutes as amended. Seconded by Pirrotta. The motion carries 6 -0. Adjournment Conservation Commission November 6, 2018 Meeting Minutes Page 6 of 6 Grandoni moves to adjourn at 8:45 p.m. Seconded by Bertoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, November 27, 2018 at Beverly City Hall, 3rd Floor Council Chamber.