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1999-07-20City of Beverly, Massachusetts Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: PLACE: BOARD MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission July 20, 1999 Beverly City Hall Chairman David Lang, Dr. Mayo Johnson, Jay Donnelly, Vice-Chairman Anthony Pah,77i, Pat Grimes, Jon Mazuy, Richard Benevento (8:00) Assistant City Planner Debbie Httrlburt Jeannine Dion Chairperson David Lang calls the meeting to order at 7:00 p.ra, Old/New Business Modification Discussion re: Brimball Avenue Landfill - DEP File #5-646//Citv of Beverly Frank Killilea reads a statement from Malcolm Perrile. The statement provides one possible scenario for constructing an access road while causing minimum temporary destruction to the wetland area~ Mr. Killflea states the city has a construction easement on a 60 foot strip which is not owned by the City. Mr. Killllea states the City has temporary construction easements in order to take out the rubbish which was deposited on that portion of the !and. Mr. Killilea states the landowner has retained ownership of the 60 foot strip of land. Mr. Killilea states the City took ownership of the rest of the land south of the 60 foot strip. Marshall Handly states the reason why the City has maintained the alley of passage is to avoid an administrative taking of the industrially zoned land on the other side of the landfall which is curremly accessible only through Brimball Avenue. Mr. Handly states there is a substantial parcel of land east of the landfill that is not affected by the trash deposits made over the years. Mr. Handly states the City doesn't want to effect eminent domain if it does not have to. Mr. Handly states the City would like to maintain the alley of access and has no plan to participate in constructing a roadway. Mr. Lang states that one of the issues that the Commission has to look at is if there is any change to the original Notice of Intern which would warrant holding a new public hearing. Mr. Lang states the contour of the original road configuration has changed. Mr. Killilea states that rubbish had been deposited. Mr. Killllea states an additional 5,000 to 6,000 cubic yards of material had to he removed. Mr. Killilea states they did not backfill to the original grades. Mr. Lang asks if all of the trash has been removed. Mr. Killilea responds in the aflhnative. Conservation Commission Minutes July 20, 1999 Page 2 Ms. Grimes asks Mr. Killilea to clarify the color code on the plans. Mr. Killilea complies. Mr. Palur~i asks what the size of the area in question. Mr. Killilea responds 1/10 of an acre. Mr. Lang asks how much wetland is being affected. Mr. Killilea introduces Ken Coffee, resident site representative of Malcolm Pentie. Mr. Coffee presenti pictures of the site to the commission members for review. Ms. Hurlburt presents pictures of the site which were taken during the site walk. The Commission members viewed the pictures. Mr. Donnelly asks for clarification regarding the drainage pipe. Mr. Killilea responds that issue will have to he addressed at a later date. Mr. Lang asks if anyone has talked with the landowner. Mr. Handly states he does not think there is a need. Mr. Handly states the entire purpose of this request is to maintain aCCeSS. Mr. Lang asks for questions or comments from the Commission. Mr. Mazuy moves to issue a minor modification for the recon~guration to Wetland A, seconded by Tony Paluzzi. All members in favor. Motion carries. Salem/Beverly Water SuDDIV Board Mr. Lang states the City Solicitor, Marshall Handly has prepared a draft letter to the Salem/Beverly Water Supply Board. Mr. Lang states the letter asks for clarification of several issues. Mr. Handly states that the Water Supply Board is asking for the Commission to assume a lot of statements as facts without any substantiation. Mr. Handly states the Board has not yet received test results from the consultant. Mr. Handly states that information is critical and before the Commission goes before a tribunal it must know what the issues are. Mr. Lang asks Mr. Handly what the next step would be if the Commission were to send the proposed letter and the two parties are not in agreement. Mr. Handly states the matter would go before a tribunal. Mr. Handly said he does not believe the Commission has all the information to make an informed decision. Mr. Lang states one of the issues to he discussed further is herms. There was discussion regarding berms (permanent versus temporary structures). Mr. Lang states he thinks the Commission needs to have further discussion regarding other issues. Mr. Lang states piping to the wetland has been reconfigured and relocated. Conservation Commission Minutes July 20, 1999 Page 3 Mr. Handly states a benchmark must be established for future activities. Mr. Lang states the Commission is not asking for anything. Mr. Lang states the issues are wetland issues. Mr. Lang states he saw white particles, pieces of plastic, brick and solid waste. Mr. Lang states this is a public health issue. Mr. Lang states this is not a public drinking water issue. Mr. Mazuy states that the wetlands are contiguous to the public water supply. Mr. Donnelly moves to issue a Cease and Desist of all activities until the Water Board has given an opinion as to what measures are needed to protect the wetlands, seconded by Mr. Mazuy. 2 in favor (Dennelly, Mazuy), 4 opposed (Johnson, Lang, Pal,,~i, Grimes). Motion fails. Mr. Mazuy moves that Commission members submit any additional comments to the City Solicitor by Thursday, July 22, 1999 at 3:00 p.ra~, and the Solicitor can consider those opinions and comments and include if appropriate, and have the Water Supply Board respond hi writing by the Commission's next meeting of Augnst 10, 1999, seconded by Tony Pal-~zi. All members in favor. Motion carries. Determination of Applicability New: 6 Lakeside Avenue - rel~radin~ and slope stabilization/Modern Landscape David Brogan from Modem Landscapes appears on behalf of the applicant, Robert Levin. Mr. Bmgan states he is proposing to regrade the rear of the property line and install timbers to stabilize the slope. Mr. Brogan states the grass and vegetation is not holding the soil. Ms. Grimes asks what type of wall is being proposed. Mr. Bmgan responds a timber wall. Mr. Paluzzi asks if the wall will hold the hill hack. Mr. Brogan said the wall should last 30-40 years. Mr. Brogan concedes this is not a permanent solution. ]Mr. Lang stmes he would like to see a plan. Mr. Lang states he thinks the property is so close to Wenham Lake that the applicant must file a Notice of Intent. Mr. Mazuy states the applicant should provide the Commission with the following information: Notice of Intent; Map cross section; location of the proposed fence; proposed landscape elevation and designation of trees be cut down. Conservation Commission Minutes July 20, 1999 Page 4 Mr. Mazuy moves to issue a Positive Determination of Applicability, seconded by Tony Paluzzi, All members in favor. Motion carries. Mr. Mazuy moves to recess for public hearing. All members in favor. Motion carries. 3 Morlan's Island Road: Pat Grimes recuses herself from discussion on this issue. Debbie Hurlburt states that she received a letter from Mr. Gary Dionne seeking an extension to the Commission's next regular meeting of August 10, 1999. Mr. Mazuy moves to grant an extension to the August 10, 1999 meeting, seconded by Tony Painful. All members in favor. Motion carries (5-0-1). 218 Hart Street: Debbie Hurlburt states the applicant, Christopher Welles is seeking an extension to the August 10, 1999 meeting. Mr. Paluzzi moves to grant an extension to the August 10, 1999 meeting, seconded by Mr. Mazuy. All members in favor. Motion carries (6-0). Hale Street - boundary determination/Endicott College John Dick from Hancock Environmental represents the applicant, Endicott College. Mr. Mr. Dick states the area being discussed this evening is the area north and west of the townhouse dorms. Mr. Dick states the core wetland is north and west of the dorms and the isolated vegetated wetlands are west of the dorms. Mr. Dick states there was some question concerning rip rap fill by the athletic field. Mr. Dick states he did research and found there was a filing in 1994 for developmere of the field. Mr. Dick states the plans prepared by Hayes Engineering for that developmere indicated a fairly steep embankment with rip rap that appeared to be pretty old. Mr. Dick states the work done on the field included some new rip rap which was placed on top of the embankment. Mr. Dick states there was no activity anywhere in the wetlands. Mr. Dick said clearly somebody put 15 - 20 feet of rip rap in, but he does not believe that would intrude upon the wetlands. Mr. Dick points out an embankment which has oM fill. Mr. Dick states the rip rap consists ofbeulders 3 - 6 feet in diameter. Mr. Dick states on top of the embankment there is a drainage outlet from the new field which is new. Mr. Dick states the two issues related to the determination are: Conservation Commission Minutes July 20, 1999 Page 5 Delineated wetland (Mr. Dick points out the area in question) - Mr. Dick states that Mr. Mazuy recormnended adjustments to that line. Mr. Dick states he complied with Mr. Mazuy's request. Question as to how many wetlands them actually are due west of the dornk Mr. Dick states them are three parametar wetlands -- soils, vegetation and hydrology present during all times of the year. Mr. Dick states they are clearly federal designated wetlands but below the federal jurisdictional guidelines (less than 5,000 square feet). Mr. Dick states he calculated the area in question and only winds up with 5,600 square feet. Mr. Dick states the mgulatory standard is twice that. Mr. Dick said the only other category that these wetlands fit into is isolated land subject to flooding. Mr. Dick states they do not rise to that regnlatory standard. Mr. Dick states they are clearly wetlands but in the category I - not reporting under 5,000 square feet. Mr. Dick states that is why they are called isolated vegetated wetlands and he asks for that determination. Mr. Lang asks if there are any questions from the Commission. Mr. Mazuy asks Mr. Dick to clarify rip rap near the flag are~ Mr. Dick points out the area in question on the plan and states the rip rap existed prior to 1994. Mr. Mazuy asks ifthere is rip rap within the 100 foot buffer zone. Mr. Dick responds in the alT~rmative. Mr. Mazuy states that is his primary concern. Mr. Lang asks Mr. Dick if he has calculations for the federal wetlands. Mr. Dick states only in the form of his letter but he can provide the field notes. Mr. Lang stated that he would like to have the calculations submitted. Mr. Lang asked if the wetland could he a vernal pool. Mr. Dick responded that he didn't think it could hold water for long periods. Mr. Mazuy asks if the Commission could request the rocks that are within the 100 foot buffer zone be removed. Mr. Dick states he does not think it would be inappropriate to make such a request. Mr. Dick states he does not think it would cause any more damage to the wetlands that has already been caused. Mr. Mazuy also asks about planting trees. Mr. Dick states that in his initial report he recommended to do some plantings. Mr. Dick states a lot of trees were killed by deposition of stone and any increment of light changes the vegetated condition. Mr. Lang asks if there are any questions from the audience. Renee Mary, 274 Hale Street reads a letter expressing her concerns. Dave McCabe, 273 Hale Street questions the accuracy of the map. Mr. McCabe states it is relevant as to whether or not there is a contiguous wetland. Mr. McCabe states it is worth being cautious about this area. Conservation Commission Minutes July 20, 1999 Page 6 Mr. Mazuy moves to have the applicant clarify the federal wetland with a survey and calculations, and submit a plan to remove the boulders and show vegetation that will replace the boulders moved, seconded by Jay Donnelly. All members in favor. Motion carries 5-0-2. Benevento and Johnson abstain. Mr. Mazuy moves to continue the public hearing to September 21, 1999 so that the survey can be accomplished, seconded by Tony Paln~i. Motion carries 5-0-2. Benevento and Johnson abstain. Mr. Mazuy moves that the Commission obtain the services of an independent consultant to review the delineated areas prior to the meeting of August 10, 1999 and not to exceed $1,000, seconded by Tony Painful Motion carries 5-0-2. Benevento and Johnson abstain. 476 Essex Street - single family house/Ne!~rotti & Boches Brian Boehes, applicant for the project addresses the Commission. Mr. Boches recommends building a pest and rail fence. Mr. Boches asks if he could add a deck to the house. Mr. Benevento responds that could be put in the Order of Conditions. Ms. Hurlburt questions the location of the driveway because it is in a different location as previously discussed. Mr. Boches stated this is a different plan. Ms. Hurlburt states she would like Mr. Boches to provide the Commission with an accurate plan within a few days. Mr. Mazuy moves to close the public hearing, seconded by Tony PalnzTi. All members in favor. Motion carries. 240-250 Elliott Street - commercial center renovations/Marciano Mr. Benevento recuses himself from discussion on this issue. Applicant requests extension to the Commission's next meeting of August 10, 1999. Mr. Mazuy moves to continue the public hearing to the Commission's next meeting of August 10, 1999. Motion carries 5-0-2. Benevento and Johnson abstain. Hale Street - boundary determination/l~,ndicott CoileRe (HaVes) Mr. Benevento recuses himself from discussion on this issue. Attorney Thomas Alexander addresses the Commission on behalf of the applicant Endicott College. Also present is Peter Ogren from Hayes Engineering. Conservation Commission Minutes July 20, 1999 Page 7 Mr. Alexander states the Momessori School is proposing to move to this site. Mr. Alexander states the school is curremly doing analysis of the topography, etc. Mr. Alexander states his client is proposing to provide the Commission up to $1,000 to hire an independem consultant to review the site. Mr. Alexander introduces Mr. Ogren. Mr. Ogren states there is a river and one vernal pool where the applicant is seeking determination. Mr. Ogren once again proposes the Commission hire an independent consultant and then proceed with the consultant on site walks and proceed from there. Mr. Mazuy asks Mr. Ogren if he considers this determination controversial. Mr. Ogren states there is nothing comroversial - the applicant is just looking for a determination. Mr. Alexander adds the applicant is offering to pay for the consultant because of time constraints. Mr. Lang asks Commission members have any questions. There are none. Mr. Lang asks if audience members have any questions. Barbara Amos, 280 Hale Street asks for explanation of the process. Mr. Lang responds that the applicant is asking for the Commission to determine where the wetlands are. When that is determined, the Commission will approve or disapprove. Mr. Lang states the parties are just trying to agree on the location of the wetlands. Renee Mary, 274 Hale Street reads a letter alleging the applicant did not notify all abutters and requests all proceedings cease until all abutters have been notified. Ms. Hurlburt responds she is not sure that all abutters must be notified. Ms. Hurlburt states this is an abbreviated resource area delineation and according to the general instructions, nothing is indicated regarding abutter noti~catiom Ms. Hurlburt states she will contact the DEP tomorrow to clarify. A member at the public hearing asks if the public could attend the site walk. Mr. Alexander responds in the affirmative but adds the participants would have to sign a waiver of liability. Mr. Lang recommends scheduling a site walk. The Commission members agree to schedule the site walk on July 31, 1999 at 8:00 a.m. Mr. Paluzzi moves to cominue the public hearing to the Commission's next meeting of August 10, 1999, and to accept the applicant's offer to hire an independent consultam to Conservation Commission Minutes July 20, 1999 Page 8 review the delineated area with an amount of $ 1 ,000 by the next meeting, seconded by Mr. Mazuy. Motion carries 6-0-1. Benevento abstains. 495R Cabot Street - sinlie story dwelline/Ewaschuk George Zambouras, 14 Noble Hill Road, engineer for the project representing the applicant Walter Ewaschuk, addresses the Commission, Mr. Zambouras states the applicant is proposing a 40 x 90 foot single story dwelling (building). Mr. Zambouras states the foundation exists. Mr. Zambouras states the Conservation Commission requested the applicant to cease work and file for a determination for a portion of the land. Mr. Zambouras provided corrected drainage calculations to the Commission members. Mr. Zambouras states he would like to complete construction. Mr. Mazuy asks if the drainage calculations are based on what existed before construction. Mr. Zambeuras responds in the affh'mative. Mr. Lang asks if there are any questions from the public. William Squibb, 509 Cabot Street asks how an industrial craftsman shop can he called a dwelling. Mr. Zambouras responds that he is showing a 40 x 90 foot structure on the plan. Mr. Zamhouras states the applicant has a building permit and an existing approved subdivision plan. Mr. Zambouras states the applicant is going before the Planning Board with a revised variance. Mr. Mazuy moves to close the public hearing, seconded by Mr. Palu77i. Motion carries 6-0-1. Mr. Donnelly abstains. 2 Chanticleer Drive - landscapinE and up~rade walkover bridge/Kinvin & Ba!lard Doug Cook from Landesign appears on behalf of his cliems Ed Kirwin and Dana Ballard. Mr. Cook states his cliems are looking to f'me tune their landscaping by adding plamings and reseeding lawn. Mr. Cook states he is also looking for recommendations the Commission may have on how to enhance the area. Mr. Cook states his clients would like to upgrade a bridge. Mr. Cook states his clients want to m~ake the bridge safe and more decorative. Mr. Cook states he recently discovered work is expected to start on the brook by the City and is looking for recommendations from the Commission on how to proceed. Conservation Commission Minutes July 20, 1999 Page 9 Ms. Grimes states if the work proposed on the bridge is very minimal, that is one thing. But if the work is anything morn than decorative, she would want to know. Mr. Benevento ash if the stream is running all the time. Mr. Cook responds in the affirmative. Mr. Benevento recommends the applicant provide calculations to ensure no flooding upstream. Mr. Cook states he would he happy to wait until he knows more about the work being proposed on the brook. Mr. Cook states that his clients are looking for any recommendations the Commission may have. Mr. Benevento asks if there is any grading being proposed. Mr. Cook responds there is not much - looking to make a nice lawn. Mr. Mazuy asks members if the property was approved by this Commission. Mr. Mazuy is quite concerned that the property is right up to the stream, Mr. Lang responds that he never approved it. Ms. HurlbuR states the work was approved by the Commission. Ms. HurlbuR states the DEP superceded. Mr. Mazuy asks if the applicant intends to use hay bails to eliminate erosion. Mr. Cook responds in the affirmative. Mr. Mazuy asks if the applicant intends to use 6 inches of top soil. Mr. Cook responds he does intend to use it in soma spots. Mr. Paluzzi asks if the applicant intends to rototill. Mr. Cook responds he does not because he does not want more erosion. Mr. Cook states he intends to loam and top seed. Mr. Mazuy asks if the applicant would consider putting sod in the immediate area near the brook so it would hold it better. Mr. Cook said he would consider sod but he said the area is very shady and it may cause more of a problem. Mr. Lang asks Mr. Cook if he would consider hydroseed. Mr. Cook responds in the affirmative. Mr. Cook adds that his clients are not looking to clear cut, they just want a nicer lawn. Mr. Cook states once again that he is open to recommendations from the Commission. Mr. Paluzzi questions Mr. Cook ahem his intentions for brush along the brook. Mr. Cook responds that he would clear only dead plant material. Mr. Benevento states he does not have a problem with cutting dead vegetation however, he thinks someone should go to the site so Mr. Cook doesn't cut the wrong types of vegetation. Mr. Cook states that is a good recommendation. Conservation Commission Minutes July 20, 1999 Page 10 Mr. Mazuy states he has had an opportunity to visit the site and would recommend other Commission members do the same. Mr. Lang asks for questions or comments from the public. Deborah Gorsline, 143 Valley Street advised the Commission that superseding Order of Conditions exists from DEP in relation to this property. Ms. Gorsline states the Order of Conditions designates a no cut zone and prohibits the use of liquid fertilizer, sodium chloride, herbieides, etc. Ms. Corsline states this information should be in the deed of the property. Ms. Gorsline stales there is also a restriction from cutting down any tree greater than 2 inches in diameter. Mr. Cook responded that he would like to review the deed. Ward Six Councilor John Murray, 14 Greenwood Avenue recommends the Commission contact the City Engineer. Mr. Murray said the immediate abutter, who did not want the subdivision to be developed, may have more information for the Commission regarding restrictions. Mr. Cook states his clients are very open to working with the neighborhood. Renee Mary, 274 Hale Street recommends the Commission speak with the Salem Sound 2000's Steam team. Mr. Benevento states that since the prime growing season for grass is September/October, he would like to visit the site before making any decisions or recommendations. Mr. Benevento moves to continue the public hearing to the Commission's next meeting of August 10, 1999, seconded by Jon Mazuy. Motion carries, 6-1 (Lang opposed). Cabot Street (narcel south of 770 Cabot Street) house construction/Nadeau John Dick from Hancock Environmental addresses the Commission on behalf o f the applicant, Ron Nadeau. Mr. Dick states he did a site delineation, sited structure and drainage with utilities. Mr. Dick proposed to level off the property, grade evenly and build a house. Mr. Dick asks the Board ifa site visit could be scheduled. Mr. Dick states there has been some alteration to the property over the years. Mr. Paluzzi asks if soil samples have been taken. Mr. Dick responds that samples have not been taken and adds the drainage is very poor and the property is very flat. Renee Mary, 274 Hale Street states there is a lot ofgroandwater. Mr. Benevento asks if there are stakes on the property. Mr. Dick states in the negative but states he will set stakes for a site visit. Conservation Commission Minutes July 20, 1999 Page 11 A site walk was scheduled to take place on July 31, 1999 at 10:00 a.m. Mr. Benevento moves to continue the public hearing to the Commission's next meeting of August 10, 1999, seconded by Tony Palnzzi. All members in favor. Motion carries. Orders of Conditions 476 Essex Street Mr. Paln~i moves to issue Special Conditions: 1. Commission standard conditions 2. The edge of the wetland must be bounded by a fence, two feet from the edge of the wetland, and these must be approved by the Commission prior to commencement of activity; 3. The revised plan must show all changes discussed at the meeting: new deck, driveway access, fence, and must be submitted and approved by the Commission prior to construction. Motion seconded by Mr. Benevento. All members in favor. Motion carries 7-0. 495R Cabot Street Mr. Benevento moves to issue Commission standard conditions, seconded by Tony Paluzzi. Motion carries 6-0-1 (Dounelly abstains). 133 Common Lane Mr. Benevento moves to grant a modification contingent upon the Commission agent to verify the location of the house footprint and the surrounding vegetation, seconded by Tony PaluTzi. All members in favor. Motion carries 7-0. 10 Foster's Point - Enforcement Order Discussionfrhoml}son John Dick from Hancock Environmental addresses the Commission on behalf of the applicant, Scott Thompson. Mr. Dick gives a brief smnmary about the soil in the area. Mr. Dick states the soil in from of the house is slightly granular and tough for grass to grow. Mr. Dick proposes to work the sand into the soil by planting vegetation and planting the marsh back to anchor the grass. Mr. Dick recommends a three year planting. Mr. Dick states there are two ways this matter may be approached 1) the Commission can allow the applicant to go forward until the planting is done or 2) require the applicant to file a Notice of Intent. Conservation Commission Minutes July 20, 1999 Page 12 Mr. Lang asks for questions or comments from the Commission. Mr. Lang states he does not believe Notice of Intent is the best approach. Mr. Benevento asks why Mr. Dick recommends a three year planting. Mr. Dick responds that you can only plant so much at a time. Mr. Dick recommends three years because you don't know if the grass is growing or dying. Mr. Benevento asks what the Commission does with the Enforcement Order. Mr. Lang responds that the Commission can look at it in a year. Mr. Lang states he does not think the applicant wants to keep it open. Mr. Lang states this should get done as soon as possible. Mr. Benevento moves to accept the remedial methodology for the salt marsh restoration, seconded by Mr. Mazuy. All members in favor. Motion carries 7-0. Mr. Thompson said he needs to locate a vendor for the salt marsh and he will expedite the restoration as soon as possible. Vitale Conservation Land Mr. Lang states the Mayor would like the Commission to send a, letter to the City Council to recommend using the Viiale Conservation Lane for a hockey ~ink. Mr. Lang states the Mayor is anxious to get this item moving for review and possible approval. Mr. Mazuy asks if this is considered a useless piece of land from the perspective that it has been misused. Mr. Lang states it used to be called 'Vitale's pit' and it was a disposal area for many years. Mr. Lang states there is contamination on the property. Mr. Mazuy asks if there will be a remediation as a result of this process. Mr. Lang responds that the Mayor is vague. Mr. Lang further states that a Phase 2 study is being conducted. Mr. Benevento asks if this is not thriving open space. Mr. Lang responds that this land is not like other conservation land; however, it does set a precedent. Ms. Grimes states that this issue has recently been discussed in the MACC's Monthly Newsletter, this is happening quite a bit lately everywhere, and recormmends the Commission look at this very closely. Mr. Benevento asks if the City will retain ownership. Conservation Commission Minutes July 20, 1999 Page 13 Mr. Mazuy asked if the Commission has broached the subject of getting something in return. Mr. Lang responds in the affu'mative. Mr. Lang states that land around the compost facility might he a land swap scenario. Mr. Lang said he is not sure if the Conservation Commission would want it. Mr. Benevento adds a compost facility could he a revitalization. Mr. Lang said the Mayor is looking at different aspect of how it would work but has not made a proposal. Mr. Long recommends visiting the site. Dr. Johnson states he has visited the property. Dr. Johnson concurs that it b. as been trashed but believes it could he remediated if the City has a proposal. Dr. Johnson recommends having a public meeting and scheduling a site visit. Dr. Johnson warns the Commission should he very careful about giving this land away. Mr. Mazuy agrees with Dr. Johnson and states the Commission should write a letter to the Mayor or schedule time to meet with him. Mr. Lang adds that he thinks this is a real issue. Mr. Mazuy states he does not believe this is the intent for open land. Ms. Grimes agrees and states this may discourage people from leaving conservation land. Mary Roderick, 14 Peabody Avenue provides copies of the Phase I Report. Ms. Roderick expresses her concern about the proximity of the land to Wenham Lake. Ms. Rodetick states this location is very close to a major water supply. Ms. Rodetick expresses concern about forcing some chemicals into the groundwater. Mr. Paluzzi moves to hold a special public meeting on September 1, 1999 at 7:00 p.m. to discuss with the public the issues of releasing conservation land for skating facility, seconded by Jon Mazuy. All members in favor. Motion carries 7-0. (Mr. Long exits the meeting. Vice Chairman Anthony Paluzzi now chairs.) Certificates of ComOliance Chapel Hill No one showed up. Item is tabled to next meeting. Conservation Commission Minutes July 20, 1999 Page 14 Glen Urcluhart School A representative from Meridian Engineering appears on behalf of the applicant to request a one-year extension in order to install a pool and build a cabana. He states all the buildings have been completed in accordance with the proposed plans. Mr. Benevento moves to grant a one-year extension for DEP file #5-543, seconded by Tony Paluzzi. All members in favor. Motion carries 6-0. Mr. Benevento moves to take no action on the request for a partial certificate of compliance, seconded by Mr. Paluzzi. All members in ~vor. Motion carries 6-0. Mr. Pal.7~ moves to adjourn, seconded my I~. Mazuy. All members in favor. Motion carries 6-0. Meeting adjourned at 11:00 p.m.