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05-09-07CC ~O: tty Cetas~gsflon D C::y Mrr.s;,er City Attcrncy ^ Press O Filc ^- Date: ~/_~~ ATLANTIC BEACH TREE CONSERVATION BOARD 800 Seminole Road, Atlantic Beach, Florida 32233 (904) 247-5800 phone (904) 247-5845 fax Web site http://www.coab.us REGULAR MEETING OF TREE CONSERVATION MEETING MINUTES May 9, 2007 A regular meeting of the Tree Conservation Board was conducted at 7:00 p. m. on Wednesday, May 9, 2007 in the Adele Grage Cultural Center. The presiding Chairperson Maureen Shaughnessy adjourned the meeting at 8: SSp. m. I. ROLL CALL Present: Maureen Shaughnessy, Jim McCue, Carole Varney, Brea Paul, and City Liaison/Planner Erika Hall and Recording Secretary Jessica Morales. Excused: Stephanie Catania Recognition of Visitors: Rick Carper (Public Works Director/Engineer), Robert Raymond, George Bull, Jr., Mike Phillips, and Grant Van Dusen. Approval of Minutes of April 25, 2007 Meeting: Jim McCue made the motion to approve the minutes from the April 25, 2007 regular meeting. Carol Varney seconded the motion and it passed unanimously. II. NEW BUSINESS a. Tree Removal Permits 1. 380 9"' Street (Bull on behalf of Raymond) Robert Raymond stated his name and address for the record as well as George Bull, who is representing Mr. Raymond. Mr. Bull explained to the board that there are some renovations being made on the property and further explained the reason of why they need a permit to remove the 27"in. of Magnolia (interior zone) and 4 in. Palm tree (also in interior zone). Mr. Bull stated to the board that these trees will be replaced with 13.5"in. of hardwood trees. The board discussed Mr. Bulls' request for the removal of the trees and proposed replacement for mitigated trees. Motion of the Board: Jim McCue made a motion for the tree removal permit for 380 9`h Street to be granted for the removal of the 27" Magnolia (interior zone) is replaced by 13.5" of hardwood that consists of four 3 "oaks and one 2 " oalc The 14 "Palm (interior none) will be removed and not require mitigation. Jim McCue made a request that the building official issue a permit for this mitigation. Carol Varney seconds the motion and the board passed it unanimously. ' III.OLD BUSINESS a. Mitigation 1. 1863 Mayport Road (River City Cabinets) Mr. McCue asked if there was anyone here from River City cabinets and Ms. Hall stated no and that they were expected to be at meeting. The board suggested to table issue and Mr. McCue felt the issue needed to be addressed. Mr. McCue asked Rick Carper who is familiar with this issue, if there were any wetland flagging done to property. Mr. Carper explained to board that no flagging was Page 1 of 3 Minutes of the Tree Conservation Board Meeting -May 9, 2007 (JBM) done and there is a open cut ditch (manmade) to serve drainage to north and no wetlands are outside of banks & ditch. Mr. McCue asked if any permitting has been issued and Mr. Carper stated that the owner has a St. John's River Water Management Environmental Resource permit. Mr. McCue asked where this issue stands with our lawyers and Ms. Hall stated that there has been nothing done with attorneys. Ms. Hall further stated that she and Mr. Carper had a meeting with River City Cabinets and made them aware of the next Tree Board meeting that they needed to attend. River City Cabinets were insistent in attending in order to resolve the issue at hand. Rick further explains to board a brief summary of issue that consisted of the Civil Engineer not communicating with Architect in order to meet the required plan initially submitted to Public works. Cazol Varney asked what the next process with issue is and Ms. Hall responded that in her letter there were deadlines given and if not met it will be referred to Code enforcement department to handle. 2. Jasmine Street (1000 block, land clearing) Mike Phillips stated his name and address for the record. Mr. Phillips also stated that the letter sent out was to the prior owners address and asked to have it corrected. Ms. Hall stated to Mr. Phillips that Duval County has the prior residents' information in the system and that is where she retrieved her information for the letter. The board reviewed the aerial photos from 2006, given by Erika Hall. Rick Carper gave a brief summary in regazds to removal of wet gazbage on lot and intent to fill in these holes (not put fill in the land) that he communicated to the owner Mr. Phillips to do. Mr. Phillips stated what lots he owned to board and gave the measurements of lots. Mr. Phillips gave a brief history of his experience with pulling permits since 1986 and his knowledge of what he can build on his lots and what trees can be removed or may require a permit for. Mr. Phillips continued to address the board of his intent on what lots he will build on of that he owns and assures the boazd he has a clean track record and has been cleazed through DEP and St. Johns Water Management that he has followed all required guidelines. The boazd was concerned with trees in the underbrush that appeared to have been cleared by owner and why there was not a permit pulled. Mr. Phillips stated to the board that there were no trees that required a permit and that it was strictly underbrush that was present on lot that took a total of two days to cleaz unlike hazdwood trees would be more time consuming to clear. Maureen Shaughnessy also addressed the concern of the elevation grade azound roots of tree to Mr. Phillips. Mr. Phillips acknowledged he will elevate the dirt azound trees and will also be putting in fencing. The board asked Rick Carper if Mr. Phillips is in violation and Mr. Carper stated that DEP said there is no violation then he can't argue with DEP's decision. Mr. Carper also stated in regazds to the tree violation that the board will have to decide but feels there were no trees cleared. The Board recognized that since there was no knowledge of what trees were in the underbrush if any, that there will be no action taken, only for owner to explain his side. Motion of the Board: Jim McCue made a motion that Erika Hall monitor lots 1, 2, 3 and follow through with owner, as well as; take any City action necessary if Mr. Phillips does not follow City guidelines. 105 6th Street, Lots 1-6 (Van Dusen) Grant Van Dusen stated his name and address for the record on the behalf of Mr. George Van Dusen who was unable to attend. Erika Hall stated that she and Mark Lyon (Public Works) went into the field view this property, then took a lazge survey and transferred original trees that were originally permitted. All trees originally permitted were still on lot 5, except the trees removed near the swell. Ms. Hall did clarify that Mr. George Van Dusen stated that he was unaware of the swell being needed until after the tree permits were issued. The board reviewed the tree survey with Mr. Van Dusen and his sister-in-law, Tracy Van Dusen (experienced builder) and discussed which trees were removed without tree permits. The Van Dusens stated they were unaware Page 2 of 3 Minutes of the Tree Conservation Board Meeting -May 9, 2007 (JBM) of these trees and that the engineering company Gary Abbey was responsible for pulling the permits. The board explained to the Van Dusens that it is not the Civil engineers responsibility to pull permits for tree removal. The Van Dusens explained their side of the story to the board and explained they were not ready for any action to be taken. The board and Rick Carper discussed the issue further and what needed to be done to resolve the issue. Erika Hall gave Van Dusens a spreadsheet of the trees from the original survey that were still found on the lots, as well as the trees that had been removed. Ms. Hall explained that existing trees can be designated as protected, as mitigation for those that have been removed, and gave examples of how this would work. Erika Hall also stated to Rick Carper that there is a well that needs to be capped on property and Mr. Carper agreed and asked the Van Dusens' to take care of the well issue. Motion of the Board: Jim made a motion that the Van Dusens work with Erika Hall on this issue of tree mitigation and that the Van Dusens' will come back to continue discussion in terms of mitigation and will meet on June 13, 2007. a. 1680 Jordan Street (Doctor) T'he Board recognized that this case will be heard before the City of Commission on Monday 5-14-07 and that Rick Carper will be there to give brief summary to Commission. s. 400/500/334/574 Stocks Street (R/E Home Investors) Erika Hall stated to board that there were letters sent out by her and Rick and neither have yet to receive a returned receipt from owner. The board proposed that the letter be posted and photographed on the property door as described by Code Enforcement Officer Alex Sherrer. IV. REPORTSANDANNOUNCEMENTS a. Permit Application 1. The Board discussed the new application form that Erika provided. The Board suggested that applicants remove section approval on first form due to possible misinterpretation. Ms. Hall handed out another pamphlet defining setbacks and right of way. The board reviewed the pamphlet and suggested to Erika Hall that the definition of right of way is in need of a clearer explanation and will need to be revised. V. ADJOURNMENT Motion of the Board: Jim McCue made a motion to adjourn the meeting at 8: SS pm; Carol Varney seconded the motion and it passed unanimously. Maureen Shaughnessy C rperson, Atlantic Beach Tree Conservation Board Date Signed Page 3 of 3