1997-01-28BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
JANUARY 28, 1997
A regular meeting of the Beverly Conservation Commission was held
on January 28, 1997 at 7:00 p.m. in the City Hall Chambers, 3rd
floor of Beverly City Hall.
Those Present were: Chairman David Lang, Patricia Grimes, Tony
Paluzzi, Jon Mazuy, Dr. Mayo Johnson, Richard Benevento, Jay
Donnelly. Also present was Assistant Planning Director Debbie
Hurlburt and Susan Akerman, Secretary to the Commission.
The meeting was called to order by Chairman Lang at 7:00 p.m.
Discussion with Attorney Thomas Alexander - Cressev Property
Attorney Thomas Alexander addressed the Commission, reviewed the
history of the property and stated that he has come here tonight
with a new proposal. Attorney Alexander stated that with this new
proposal they are seeking the release of the management for
property, that they will pay the back taxes owed to the City, that
they would transfer parcel #12 to the Conservation Commission for
use and deed back to the Conservation Commission 1/2 of the Cressey
Property. He stated that they would build trails for passive use,
and provide easements for access. Attorney Alexander explained
that in return they are looking for the management of the property
to be released back to the City Council.
Chairman Lang stated that he would like to read Renee Mary's letter
into the record at this time. Renee Mary being present tonight
stated that she would like to read the letter which was written on
behalf of herself and several Beverly residents regarding their
concerns and comments if the Conservation Commission were to
release this property. (On File)
Chairman Lang asked how many acres of land will be swapped.
Attorney Alexander stated approximately 6 acres of land.
Jon Mazuy questioned if the trails into the site will be kept up in
perpetuity by the applicant. Attorney Alexander responded no and
stated that they will spend funds to develop the trails under the
direction and control of the Conservation Commission and that the
use of these trails would keep them up.
Tony Paluzzi asked if the trails would be paved. Attorney
Alexander responded no and stated that they don't want to disturb
the land.
Jon Mazuyquestioned if they would be clearing out brush. Attorney
Alexander explained that they would stone dust and build a little
bridge across the stream.
Dr. Johnson asked if Attorney Alexander agreed that the property
stated in Renee Mary's letter was the same property he is referring
to. Attorney Alexander responded yes.
Richard Benevento joins the meeting at this time.
Pat Grimes stated that she needed clarification on what the
Commission is to vote on. Chairman Lang explained that the
Conservation Commission is to either approve or disapprove the
release of management of this property and whether the Commission
can release it based on its legality.
Pat Grimes stated in the event the Commission approve this action
she would like City Solicitor, Marshall Handley to give a final
review and approval of the vote.
Attorney Alexander
Solicitor and that
this proposal.
noted that they have worked with the City
the City Solicitor has reviewed and approved
Jon Mazuy questioned if three
other wise wouldn't have been.
is correct.
lots would now be built on which
Attorney Alexander responded that
Chairman Lang stated that six acres of open space would be an
advantage for the neighbors.
Jay Donnelly agreed with Chairman Lang and stated that it is a good
deal for the City and the neighborhood.
Tony Paluzzi asked if the trails already existed. Attorney
Alexander stated yes and explained that there are some rough trails
and that they would stick with the existing trails and improve
them.
Renee Mary of 274 Hale Street stated that she is concerned with the
wildlife habitat, wetland resource areas and vernal pools in this
area and that an agreement in writing should be submitted from the
proponent that they will go before the legislature to ensure the
residents that this area will be kept as is.
Attorney Alexander stated that they would submit plans for the
trails to the Conservation Commission for their input.
There being no further questions or comments regarding this
proposal, a motion was made by Tony Paluzzi to release management
of parcel and control back to the City Council after final review
and approval from the City Solicitor and subject to the paying back
of all outstanding taxes on Lot #3, Map 73 and on Lot #12, Map 73,
and that they convey back to the Conservation Commission Lot #12,
Map 73 and half of Lot #3, Map 73 and subject to the submittal of
a plan for the construction of the trails and easements for access,
seconded by Jon Mazuy. Motion carries 5-1 with Dr. Johnson
objecting.
2
Dr. Johnson stated that his reason for objecting to this proposal
is because he is convinced by Ms. Mary's letter and explained that
he feels that the Conservation Commission is giving up land that he
feels the Commission can't give up at this time.
ReQuest for Determination of Ap~licabilities:
Continuation: 109 & 117 Elliott Street/removal of pi~e/UtilitV
Park Condominium
Tom Army addressed the Commission and explained the drainage system
that they are proposing to remove and that they are seeking a
Negative Request for Determination of Applicability.
Chairman Lang noted that he visited the site and stated that this
project won't have any adverse affect on the property and that the
Commission should grant a Negative Request for Determination of
Applicability.
Jon Mazuy noted that he agrees with Chairman Lang's comments.
Dr. Johnson stated if the drainage eventually goes into the Bass
River, shouldn't the Commission grant a Positive Request and place
conditions. Chairman Lang stated that the new system, hooked-up,
will eliminate all run-off into the Bass River, that the
conetruction won't have any adverse affectand that he doesn't have
any concerns.
Richard Benevento noted that the RDA can place restrictions.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to grant a Negative Request
for Determination of Applicability with the conditions that hay
bales and siltation fence be placed around the catch basins and the
area of construction, seconded by Pat Grimes and approved
unanimously.
Continuation: Lakeshore Avenue & Bonad Rd/delineation
determination/Symes
Jon Mazuy recused himself from discussion of this matter.
Hugh Mulligan of Gulf of Maine addressed the Commission and
explained that he was hired by the Conservation Commission to
review the RDA delineation of Lakeshore Avenue proposal. Mr.
Mulligan stated that on January 15, 1997 he did a site inspection
of the property and reviewed the wetland resources that were within
the buffer zone and of any other bordering areas that wogld have
wetlands.
Mr. Mulligan stated that he was here tonight to report his findings
back to the Conservation Commission and explained that he reviewed
3
two bordering wetlands, that he checked the flagged areas and
agrees with the flagged area, he noted that there is an
intermittent stream not shown on the plan and stated that it does
contain bank and is a resource area and that there were no other
intermittent streams within 100 feet of the property, and that
there were no bordering vegetated wetlands within 100 feet of the
property. Mr. Mulligan stated that he did a site inspection with
Debbie Hurlburt to see if they could locate any other wetlands on
the property. Mr. Mulligan stated that they did find two areas
where water ponding occurred on the property, one on Fitten Rd and
one on Simmons Rd. Mr. Mulligan stated that not enough information
has been submitted by Hayes Engineering to determine if they are
protected wetlands and not enough information has been submitted to
determine if these areas are isolated land subject to flooding.
Mr. Mulligan explained to Elizabeth Wallace of Hayes Engineering
that this information was important, that they could be classified
as federal wetlands and would be under the jurisdiction of the Army
Corp.
Chairman Lang asked if the two areas contained water. Mr. Mulligan
stated yes and explained that there was no obvious inlet or outlet,
but water was ponded and stated that he was not sure if it was the
maximum amount of water necessary for an ILSF.
Tony Paluzzi noted that he saw a channel in the leaves and that the
water was flowing down and asked if this could be considered an
outlet. Mr. Mulligan stated that you need a channel in the ground
and that it looked, in his opinion, to be sheet flow.
Tony Paluzzi asked since it is covered with ice could air bubbles
be coming up from the ground. Mr. Mulligan stated that was
possible and explained that it could be springs.
Chairman Lang stated that this area didn't seem like it would be
any more than 50 - 100 feet wide and he didn't think it was
isolated subject to flooding nor that it would be considered part
of the lower hydraulic connection. Mr. Mulligan explained that it
could be a bordering vegetated wetland.
Richard Benevento questioned if Mr. Mulligan had a topographic
plan. Mr. Mulligan responded no.
Richard Benevento asked Elizabeth Wallace if this information could
be obtained. Ms. Wallace stated that they are in the process of
putting this information together and will submit any other
information as needed.
Jay Donnelly questioned if the roads shown on the plan have been
approved by the Planning Board yet. Chairman Lang stated %hat the
proposal is scheduled to go before the Planning Department at their
February meeting.
4
Jay Donnelly stated that he wanted to see a definitive plan to see
how it will affect the topography.
Richard Benevento recommended that the consultants meet with each
other to obtain this additional information.
Mr. Mulligan also stated that he saw a pipe running to a pond on
another piece of property, but wasn't sure how close to our
property it went and asked if Ms. Wallace could also get this
information and identify this pipe on the plan.
A resident of Beverly noted that a sweet pepper plant has been
pointed out and asked if this indicated that there were wetlands
there. Mr. Mulligan explained that it is a wetland plant and that
there could be wetland soil there.
This resident also asked if the ponds that are shown on the lower
right side of the plan are being assumed to being feed from a
higher elevation of land and questioned if it was possible that
there was an underground stream. Mr. Mulligan responded yes.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue this Request for
Determination of Applicability to the Commission's next meeting
scheduled for February 18, 1997 pending additional information be
submitted as recommended by our consultant, seconded by Tony
Pa!uzzi and approved unanimously.
New: 10 Virqinia Avenue/delineation determination/Jones
Curt Young of Wetland Preservation, Inc. addressed the Commission
and explained that the wetlands have been delineated, that there is
an isolated area and a bordering vegetated wetland area, that the
area has been flagged and is ready for review and that he is here
tonight requesting a site walk. Mr. Young noted that the wetland
boundaries have a wooded swamp and a migrant marsh.
Chairman Lang questioned how much of the isolated area extends off
to the right. Mr. Young stated not very much maybe to the
vegetated soil line.
Jon Mazuy returns to the meeting at this time.
Chairman Lang asked if there was any activity. Mr. Young responded
no.
Chairman Lang asked if the area is cleared where the road is to go.
Mr. Young explained that there are some trails, that it is
partially cleared and that lumber has been stock-piled there.
Ms. McGee of 6 Kathleen Drive stated that she is concerned with the
water run-off on Lot #1 and explained that 15 feet of fill was put
5
in and that an Enforcement Order was issued 10 years ago on this
property and nothing was ever done: and as a result they have been
having water problems ever since. Ms. McGee stated that everything
is getting dry and needs to be taken out. Mr. Young stated that
there is definitely trapped water in this area.
Richard Benevento stated that he was concerned with the Enforcement
Order that was issued to the applicant 10 years ago and asked why
nothing was done. Mr. Young stated that he was unaware of this
Enforcement Order.
Chairman Lang suggested to the members that they do a site visit
and research this Enforcement Order.
Ms. McGee asked if the public could come on the site visit. The
applicant stated yes but would like the public to sign a waiver.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Request for
Determination of Applicability to the Commission's next meeting
scheduled for February 18, 1997 pending a site visit on February 1,
1997 at 8:30 a.m., seconded by Jon Mazuy and approved unanimously.
New: Sunday Drive - Lot i/house construction/Carnevale
Pat Grimes recused herself from discussion of this matter.
Curt Young of Wetland Preservation, Inc. addressed the Commission
and explained that this is a 5 house lot subdivision with a cul-de-
sac with Lot 5 being outside the buffer zone. Mr Young reviewed
the lot plan for Lot #1 and stated that the wetlands have been
confirmed, that there will be grading within 45 feet of the wetland
boundary, that 20 feet from the back line has been set for a no-cut
zone, that erosion control has been installed and that the drainage
has not yet been hooked up. Mr. Young stated that the four corners
of the house will be stacked out by Saturday morning.
Richard Beneventoquestioned what the dash line meant on the plan.
Mr. Young explained that it is the set back limit for the building.
Richard Benevento asked if it was in accordance with the limits for
grading at the 66 contour line. Mr. Young responded yes.
Jon Mazuy asked if there is to be grading done on the east side of
the 66 line. Mr. Young stated yes.
Richard Benevento asked if the conditions imposed are being
completed to the letter. Mr. Young stated yes but explained that
there has been some tree cutting within the no cut/no clear zone,
and where the detention basin is to be. Mr. Young stated that they
will be proposing planting.
6
Jon Mazuy asked if the pipes have been installed on the south side
of the property. Mr. Young explained that the pipes were installed
in late November, early December but it has not been loomed or
seeded yet.
Chairman Lang stated that he is concerned with the tree cutting and
with the grading within the 20-30 feet of resource area and asked
Mr. Young why they were asking for a Request for Determination of
Applicability. Mr. Young stated because there are no wetlands.
Richard Benevento questioned if the lot has been cleared yet. Mr.
Young stated that it is still a wooded lot.
Richard Benevento stated that he is concerned with erosion of the
site and the Conditions of the Order.
Jay Donnelly noted that he did a site walk and that the silt
fencing and hay bales need to be restored.
Tony Paluzzi noted that he also went on a site walk and agrees with
Jay Donnelly's comments.
A resident of Old Rubbly Road stated that he supports the project
and the developers, but states that his trees and property have
been affected and states that he wants some type of protection from
the City regarding his land and his property value.
There being no further questions or comments regarding this matter,
a motion was made by Jay Donnelly to issue a positive Determination
of Applicability for Lot #1 on Sunday Drive, seconded by Jon Mazuy
and approved unanimously.
A motion was made by Jon Mazuy to recess for the purpose of holding
public hearings, seconded by Tony Paluzzi and approved unanimously.
Public Hearinqs
Continuation of Public Hearinq: Shortmeadow Road/parkinq lot/
Prime Realty Trust, II
Chairman Lang reads a letter from Attorney Thomas Alexander
requesting an extension of time. (On File).
A motion was made by Jon Mazuy to continue the Public Hearing on
Shortmeadow Road to the next meeting scheduled for February 18,
1997, seconded by Tony Paluzzi and approved unanimously.
New Public Hearinq: Sunday Drive - Lot 2, 3, & .4/house
construction/Carnevale
Curt Young of Wetland Preservation, inc. addressed the Commission
and explained the construction plans for house lot 2, 3, & 4. Mr.
7
Young stated that Lot #2 has sewerage connection, that erosion
control is in place, that there will be construction of a detention
pond and that the grading will be minimal.
Mr. Young explained that Lot #3 includes part of the detention pond
and that a stone lined swale will be installed to the intermittent
stream in the back of the property.
Mr. Young stated that on Lot #4 some grading is needed and that the
stream flows behind this subdivision. Mr. Young also noted the
buffer zone shown in red on the plan.
Chairman Lang asked what has been constructed with respect to
drainage issues. David Carnevale present tonight with Curt Young
stated everything except the grates.
Chairman Lang asked if the detention basins have been installed.
Mr. Carnevale responded yes.
Jay Donnelly questioned why the silt fencing by the stone wall and
by the detention basin has been removed in some areas and folded
back in other areas. Mr. Camevale stated that he was unaware of
this.
Jay Donnelly noted that siltation is happening by the entrance of
the culvert. Mr. Carnevale stated that they did the pond 2-3
months ago and was unaware of this happening.
Tony Paluzzi stated that he agreed with Jay Donnelly's comments and
stated that the hay bales need to be placed back.
William Caywood of 50 Hathaway Avenue addressed the Commission and
stated that ne was concerned with water and explained that water
flowed down and gathered and now with the construction of a house
lot there will be no place for the water to go. He also stated
that it shouldn't retain water, it should be a receiving basin.
He stated that a concrete barrier should be built with a drainage
ditch along the back side of all the houses.
Chairman Lang asked how high above the ground surface is this
outlet. Mr. Young stated two feet high and explained that the idea
is to capture water and to place it elsewhere.
Jay Donnellyquestioned if the grass surface proposed is to reduce
the velocity of flow and asked if it would be adequate so it won't
erode.
John Ingemi of Beverly noted that trees have been taken dQ]Nn along
the no cut/no clear zone and stated that he wanted the trees
replaced. Mr. Ingemi also stated that he has spoken with Curt
Young and the applicant about replacing the trees and that there
has been a verbal agreement in regards to this matter.
8
Richard Benevento suggested to Mr. Ingemi that he send a letter to
the Planning Board stating that (1) he is concerned with the 20
feet of zone that is now being used as a path for the construction
trucks and (2) that you are concerned with the grading and erosion.
Richard Benevento asked when the subdivision plan was approved by
the Conservation Commission, did it include the no cut zone. Jay
Donnelly responded no.
Richard Benevento suggested that the Conservation Commission send
a letter to the Planning Board stating that the no cut zone has
been violated and that the developer has agreed to replace the
trees.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to continue the Public Hearing to
the Commission's next meeting scheduled for February 18, 1996
pending a site walk on Saturday, February 1, 1997 at 9:30 a.m.,
seconded by Jay Donnelly and approved unanimously.
Pat Grimes returns to the meeting at this time.
New Public Hearinq: 175 West Street/road relocation/construction
/Newberry
Martin Hallener of Altantic Engineering addressed the Commission
and stated that because of an erosion problem with the existing
driveway the applicant is seeking to move the existing gravel
driveway at 175 West Street to a newly proposed location and stated
that they are here tonight before the Commission because it is
within the 100 foot buffer zone of a resource area. Mr. Hallener
explained that they would have to bring in 1-2 feet of fill-in
material, that there would have to be water compensatory excavation
and after the work has been completed they would bring back to the
area the native species.
Pat Grimes questioned why this has to be done. Mr. Hallener
explained that the property can't be maintained and that the trees
are dying.
Tony Paluzzi asked what will happen to the line of trees that are
already existing. Mr. Hallener explained that they are dying now
by the existing driveway and that the owner would like to try to
bring them back to health. Mr. Hallener stated that if they can't
restore them then the Conservation Commission can make that
determination.
Pat Grimes stated that she would like to see some documentation
stating that the trees will die if the driveway remains where it is
now. Tim Berry, a landscaper with the proponent and Mr. Hallener
explained that because of the packed driveway the trees are not
growing properly and are starting to show wear and tear.
9
Mr. Hallener stated in order to maintain the existing driveway, the
applicant would have to pave it to control the erosion.
Richard Benevento asked what type of gravel is being proposed. Mr.
Hallener explained that 6" of a 3/4" or 1" crushed stone base, then
a layer of smaller (pea size) stones on the top for a finished
look.
Tony Paluzzi asked if the water run off with the new driveway
location would eventually go into the city drainage system. Mr.
Hallener stated yes, just like it does now.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to continue the Public Hearing to
the next meeting scheduled for February 18, 1997 pending a site
visit on Saturday, February 1, 1997 at 11:30 a.m., seconded by Pat
Grimes and approved unanimously.
New Public Hearinq: Access Road/house construction & roadway/
Carnevale
Curt Young of Wetland Preservation, Inc. addressed the Commission
and stated that they are here tonight to propose an extension of
Access Road with a hammerhead turn around at the end, and that a
retention basin will be installed and that they will incorporate
the drainage into the existing system. Mr Young stated that there
is no proposed fill-in of wetlands and that there will be grading
and replacement of erosion controls. Mr. Young also noted that
there is a glass and debris problem and that it is proposed for
clean-up and that loom will be placed on top.
Mr. Young explained that at the present time there is a large
wetland area on the site and ponded water areas and that they are
requesting a site visit to check the wetland boundaries.
Chairman Lang noted some activity on the lot. Mr. Young stated
that some tree planting has been in process.
Chairman Lang suggest to the members that they do a site visit and
might possibly want to issue an Enforcement Order.
Tony Paluzzi asked where the water from the detention basin flows
out to. Mr. Young stated to a shallow flowing swale that
eventually drains to a bordering wetland area toward a stream.
Jay Donnelly asked what is the purpose of the detention basin. Mr.
Young stated to control current water run-off.
Joan Murphy of Longmeadow Road addressed the Commission, p~esented
pictures of the area for the Commission to review and noted that
this is a main water holding area and stated that there is no way
of knowing what damage could be done if blocked. She also
10
questioned the drainage calculations.
Don Briggs a private design drainage consultant addressed the
Commission and stated that he was here tonight on behalf of the
proponent and explained to Ms. Murphy that they will not be adding
any more water to this area that does not already exist.
Joan Murphy stated that this is a very, very wet area, with
bordering land subject to flooding and that she is concerned with
flooding, pollution control, and the red maple swamp habitat. Ms.
Murphy stated that it would cause a negative impact and that they
would be creating more flooding for the residents of Longmeadow
Road and Edgewood Road.
Chairman Lang asked if the present culvert could function at
present capacity. Jay Donnelly responded if cleaned out it would
flow better.
Carol Jaworski of 42 Longmeadow Road stated that there is a
drainage problem and that cellars have started to flood and asked
who is prepared to pick up this expense.
Mr. Briggs stated that this will be a small development and won't
create any water problems.
Mr. Young noted that George Zambouras has reviewed and approved
this drainage concept and the calculations.
Renee Mary questioned if the Rivers Act applied to this matter.
Mr. Young stated no and explained that it wasn't a resource area.
Virginia McGlynn, Ward 4 Councillor stated that retention ponds
seem to be the answer to these problems and asked who is
responsible for maintaining them. Mr. Young explained if the
facility is taken over by the City, then it is the City's or
developer's responsibility or it could be the responsibility of the
property owner.
Mr. Briggs noted that the area is being raised and filled.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the Public Hearing to
the next meeting scheduled for February 18, 1997 pending a site
visit on Saturday, February 1, 1997 at 12:00 p.m., seconded by Tony
Paluzzi and approved unanimously.
New Public Hearinq: 28 Hill Street/installation of ~ipe/IT Cor~.
Val Miller of IT Corp addressed the Commission and explaiaed that
they are doing work at 28 Hill Street which involves installation
of a PVC discharge pipe from the location of the house to the
brook. Mr. Miller stated that the installation of this pipe won't
11
change the flow into the stream and explained that the pump for
ground water runs during a rainy period.
Chairman Lang asked if the stream in which the water will be dumped
into flows all year round and if it is part of the River's Act.
Mr. Miller responded yes to both of the questions.
Debbie Hurlburt stated that there is inadequate information
available.
Mr. Miller noted that they have a discharge permit and can get the
other paperwork that is needed.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Public
Hearing for 28 Hill Street to the next meeting scheduled for
February 18, 1997, seconded by Tony Paluzzi and approved
unanimously.
New Public Hearinq: L.P. Henderson Road/veqetation manaqement/MAC
Randy Christianson of Baystate Environmental addressed the
Commission and explained that the FAA has a new regulation
procedure for airports to follow. Mr. Christianson explained that
Part 77 would be the section that has to be strictly followed. Mr.
Christianson explained in detail the six step procedure which
involves identifying vegetation area that has to be removed, to
know the characteristics of the airport for the purpose of
delineation and access of wetlands, accessing obstructions, specify
removal process (a clearing methodology), quantify wetland impacts
(evaluate the wildlife habitat is a major concern), and select
appropriate mitigation measures.
Mr. Christianson explained that they are seeking from the
Conservation Commission an Order of Conditions for vegetation
removal and explained that they would like to clear the impacted
areas on the airport property to make it safer for air traffic.
Chairman Lang asked if essentially what they're planning on doing
is thinning and not replication. Mr. Christianson stated that is
correct and explained that they want to convert the wetlands from
one type to another, and that there would be no net loss and no
replication.
Mr. Christianson explained that this is a recently created process
that the FAAwould like Beverly, Wenhamand Danvers to adhere into.
Jon Mazuy asked if chemicals would be used to cut down the trees.
Mr. Christianson stated a special chemical would be used ~o paint
the stumps and explained that in Volume 2 of the Notice of Intent,
certifies for use of this chemical in wetlands because it breaks
down to CO2 and water.
12
Richard Benevento asked what becomes of the mowed area. Mr.
Christianson explained that because of penetration of the area, it
will take a long time for the shrubs to grow that high again and
that they want to keep them low.
Richard Benevento asked if Baystate Environmental has gone before
the Danvers Conservation Commission. Randy stated yes and noted
that they would be going before the WenhamConservation Commission
on February 10, 1997.
Richard Benevento suggested that the Conservation Commission send
a letter to the other Commissions and compare notes as to how they
perceived this project. Debbie Hurlburt stated that she has
already contacted Wenham but not Danvers.
Chairman Lang stated that he agrees with Richard's suggestion.
Mr. Christianson explained that an environmental overseer will mark
the areas and then review them with the contractor.
Jon Mazuy asked who will employ the environmental controller.
Randy stated Mass Air pays for everything but tree cutting.
Jon Mazuy asked if the inspector of this project would be on the
site everyday. Mr. Christianson responded yes and stated
especially when in the wetland areas.
Tony Paluzzi asked when the selective cutting is done, are they
going to leave the trees or will they be scudding them out. Mr.
Christianson stated that they would be taking the trees out and
that the timber will be removed.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Public
Hearing to the next meeting scheduled for February 18, 1997 pending
a site visit, seconded by Tony Paluzzi and approved unanimously.
A moticn was made by Tony Paluzzi to reconvene to regular session,
seconded by Jon Mazuy and approved unanimously.
Extension Permit
Tuck Point Marina
Debbie Hurlburt updates the Commission and states that the
applicant is seeking an Extension of Time because they were held up
by the DEP due to changes in the plan (reducing number of slips)
and explained that they are awaiting a Permit from the DEp.
A motion was made by Jon Mazuy to grant a 45 day Extension of Time,
seconded by Tony Paluzzi and approved unanimously.
13
Certificate of Compliance
17 Landers Drive
Tony Paluzzi updated the Commission and noted that he did a site
visit, that the property has been seeded, that grass is growing,
and that the debris have been removed and taken care of.
Attorney Joel Goldman of Goldman & Mears addressed the Commission
and gave the history of the property explaining that they
discovered a problem, the as built was never completed. Attorney
Goldman explained that this was the last lot sold in the
subdivision and that it was a gravel pit at one time. He passed
out a copy of the as built plan/design prepared by Hayes
Engineering and explained that the property slopes down gradually
to a hollow. Attorney Goldman stated that the area has been
smoothed out, that 2" of loom has been placed on the area and
seeded, that a blueberry patch has been put in, and that the hollow
has been cleaned out.
Chairman Lang asked to what degree has the resource area been
filled in. Attorney Goldman stated he was not sure when the ditch
was filled in.
The owner of the property stated that the wetlands exist today as
they did when the property was purchased.
A motion was made by Jon Mazuy to issue the Certificate of
Compliance subject to the determination by the Administrator that
the property does not show that it was filled within the last five
years, seconded by Tony Paluzzi and approved unanimously.
Old/New Business
Eaton Corporation
Debbie Hurlburt explained that she sent this information in their
packet to let the members know that it was there for review.
Approval of Minutes
December 10, 1996
A motion was made by Tony Paluzzi to approve the minutes as
amended, of the December 10, 1996 meeting, seconded by Dr. Johnson.
Motion carries 4-2 with Jay Donnelly and Richard Benevento
abstaining.
summarV minutes containinq motions from recorded tapes of dune 11,
1996 minutes
A motion was made by Tony Paiuzzi to approve the summary minutes
14
Old/New Business
Eaton Corporation
Debbie Hurlburt explained that she sent this information in their
packet to let the members know that it was there for review.
Approval of Minutes
December 10, 1996
A motion was made by Tony Paluzzi to approve the minutes as
amended, of the December 10, 1996 meeting, seconded by Dr. Johnson.
Motion carries 4-2 with Jay Donnelly and Richard Benevento
abstaining.
summary minutes containinQ motions from recorded tapes of June 11,
1996 minutes
A motion was made by Tony Paluzzi to approve the summary minutes
containing motions from recorded tapes as amended, of the June 11,
1996 meeting, seconded by Jon Mazuy. Motion carries 5-1 with
Richard Benevento abstaining.
Enforcement Order
Access Road
A motion was made by Jon Mazuy to issue an Enforcement Order to
David Carnevale based on the Commissions review on Saturday,
February 1, 1997, seconded by Tony Paluzzi and approved
unanimously.
Brimball Avenue
Debbie Hurlburt explained to the Commission that has
been moved out of the buffer zone and is out of the Commission's
jurisdiction.
A motion was made by Tony Paluzzi to adjourn the meeting, seconded
by Jay Donnelly and approved unanimously.
The Meeting was adjourned at 11:45 p.m.
15