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1994-11-15MINUTES OF NOVEMBER 15, 1994 MEETING MEMBERS PRESENT: CHAIRMAN VINNIE COTREAU, VICE CHAIRMAN DAVID LANG BILL LISS CLAYTON SMALL DR. MAYO JOHNSON CALLED TO ORDER @ 7:45 P.M. BILL LISS MOTIONED TO RECESS FOR THE PUBLIC HEARING SESSION DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. PUBLIC HEARING GRETTA SCHARF OF 179 WEST STREET #5-476. CONSTRUCTION OF A SUNROOM / PORCH / GARAGE. PRESENT / REPRESENTING: MICHAEL DE ROSA, ENVIRONMENTAL CONSULTANT, ATTORNEY, HILDE FEUERBACH FROM GLOVSKY & GLOVSKY LAW FIRM. RANDY LEWIS, ARCHITECT. THE NOTICE OF INTENT WAS FILED AS A RESPONSE TO AN ENFORCEMENT ORDER. CONSTRUCTION OF SUNROOM 10X12, PORCH 10X12, GARAGE 12X19 (SINGLE). TOP OF SEAWALL ELEVATION 13'. THE HAY BALES ARE INSTALLED AND TO EXTEND, IF NECESSARY, AS INSTRUCTED BY THE COMMISSION. THE DRIVEWAY IS PERVIOUS / WASHED PEASTONE. CLAYTON SMALL - QUESTIONED THE 100' BUFFER ZONE ON THE MBTA SIDE. DE ROSA - OFF THE PROPERTY LINE, THERE IS NO PROPOSED ACTIVITY. CLAYTON SMALL - MENTIONED THE CONCRETE PAD. RANDY LEWIS - THE EXISTING FOUNDATION IS SONITUDE, REFERRING TO THE SECOND STORY OF THE PORCH. DAVID LANG - ASKED HAS THE WORK BEGUN? DE ROSA - YES. CLAYTON SMALL - VISITED THE SITE AND THERE IS NO SEDIMENT, BUT IS CONCERNED WITH THE STORAGE OF THE MATERIALS. DE ROSA - THAT WILL BE TAKEN CARE OF, HAS MOWED THE HAY BALES. GENERAL PUBLIC JIM ABRAM OF 935 HALE STREET AN ABUTTER. SPOKE OF THE ACTIVITY WITHIN THE COASTAL AREA, AND QUESTIONED THE BUILDING INSPECTOR'S KNOWLEDGE OF THE CONSERVATION RESTRICTION / FEMA COASTAL FLOOD ZONE. THE CHAIRMAN REFERRED TO FLOODING AND OUR JURISDICTION. BILL LISS - STATED THAT WE ARE NOT HERE TO DESIGN THE BUILDING. THE CHAIRMAN - QUESTIONED FILING WITH THE ARMY CORPS OF ENGINEERS. DE ROSA - STATED THAT WAS NOT NECESSARY. ABRAM - QUESTIONED THE HEIGHT OF THE FIRST FLOOR. THE FLOOR IS 3' LOWER THAN DESIGNED BY FEMA. THE GARAGE ELEVATION IS 13' 6", WELL BELOW FEMA REQUIREMENT. THE CHAIRMAN - TO CHECK ON THE FEMA JURISDICTION. CLAYTON SMALL MOTIONED TO CLOSE THE HEARING, DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. DAVID LANG - RE:FEMA INQUIRY, SHOULD WE KEEP IT OPEN? BILL LISS - AGREES TO LEAVE THE HEARING OPEN, AND THE APPLICANT CAN PROCEED AT THEIR OWN RISK. DAVID LANG MOTIONED TO RECONSIDER THE MOTION TO CLOSE AND TO LEAVE IT OPEN UNTIL DECEMBER 13,1994, OUR NEXTMEETING, DR. MAYO JOHNSON SECONDED THAT MOTION. ALL IN FAVOR. ATTY. HILDE FEUERBACH STATED TO CLOSE THE HEARING AND TO CONDITION THE FEMA INFORMATION, ETC. THE CHAIRMAN - THE HEARING WILL BE CONTINUED UNTIL DECEMBER 13TH. RECONVENE - DAVID LANG MOTIONED AND DR. MAYO JOHNSON SECONDED. ALL IN FAVOR. DISCUSSION - WITH PAUL MARCHIONDA RE: MONTSERRAT ESTATES. A 30 LOT SUBDIVISION. THE COMMISSION IS ASKED TO VIEW ALL THE WETLAND FLAGGING AND TO VIEW IT BEFORE THE SNOWFALL. THE CHAIRMAN - STATED A SITE WALK CANNOT HAPPEN BEFORE THE DECEMBER 13TH MEETING. THE MEMBERS MAY GO ON "THEIR" OWN, BUT NOT AS A GROUP. IT WOULD DEFEAT THE PURPOSE OF A PUBLIC HEARING. THE CHAIRMAN - THEN REFERRED TO THE REGULATION / ABUTTERS NOTIFICATION. DAVID LANG - IT IS A GOOD IDEA TO NOTIFY THE ABUTTERS. CLAYTON SMALL - IS THERE ANY WORK PROPOSED IN A RESOURCE AREA? THE CHAIRMAN - JUST TO DO A DELINEATION OF THE WETLANDS. BILL LISS - QUESTIONED THE TOTAL AREA OF THE SITE? PAUL MARCHIONDA - TOTAL 38 ACRES. CERTIFICATES / COMPLIANCE: (3). LOT 18 OAK HILLS #5-204. 17 OLD TOWN ROAD. ALEXANDERS PRESENT. CLAYTON SMALL SETTING A BAD PRECEDENT ALLOWING A FENCE IN A WETLAND CONSERVATION RESOURCE AREA. WE WILL HAVE TO CONTINUE TO ALLOW SUCH IF WE ALLOW THIS ONE TO GO THROUGH. DAVID LANG NOT TO DISAGREE, BUT IT IS NOT A DEFINED DRAINAGE AREA. HAS SPOKE WITH GEORGE ZAMBOURAS, DPW COMMISSIONER, AND DOES NOT CONSIDER THIS TO BE SUCH A PROBLEM. LOOKED AT THE AREA BEHIND THE FENCE AND IT IS A GOOD JOB DONE. BILL LISS - DOES NOT SEE A BIG DIFFERENCE, MIGHT BE MINOR, TO DEAL ON A CASE BY CASE BASIS. THIS COULD HAVE BEEN INITIALLY DELINEATED WRONG. DR. MAYO JOHNSON - IS SYMPATHETIC WITH BOTH SIDES, TO MOVE THE 4 POSTS AND IT WOULD SETTLE THE MATTER. ALEXANDERS - STATED THAT THE NEW OWNERS WANT TO KEEP THE FENCE. THE CHAIRMAN WANTS A MOTION. BILL LISS - FEELS THE KEY WORD IS SIGNIFICANT. CLAYTON SMALL THE CONSERVATION RESTRICTION DIFFERS FROM THE WETLAND PROTECTION ACT. DAVID LANG MOTIONED TO APPROVE THE CERTIFICATE AND BILL LISS SECONDED THE MOTION. CLAYTON SMALL IS OPPOSED. ALL IN FAVOR. SECOND CERTIFICATE LOT 64 BEAVER POND #5-184. 61 MIDDLEBURY LANE. FENCE DISCUSSION. DAVID LANG DOES NOT SEE IT AS SIGNIFICANT AND IS WILLING TO APPROVE IT BUT TO PUT THE FENCE ON THE PLAN, MOTIONED TO APPROVE IT, BILL LISS SECONDED THE MOTION. ALL IN FAVOR. CLAYTON SMALL MOTIONED FOR AN ACCURATE PLAN, BILL LISS SECONDED IT. ALL IN FAVOR. THIRD CERTIFICATE SHAW ESTATES LOT 1 #5-389. WILLIAM FRENCH. CLAYTON SMALL - IT LOOKS STABILIZED WAS CONCERNED ONLY WITH THE BLASTING. IT IS ALL ALTERED AND THE RESOURCE AREAS HAVE BEEN STABILIZED, CAN SEE SHOOTS COMING OUT. THERE IS A NATURAL BERM THAT RUNS ALONG THE EDGE AND HAS BEEN REINFORCED WITH STONES. CLAYTON SMALL MOTIONED TO GRANT THE CERTIFICATE AND BILL LISS SECONDED THE MOTION. ALL IN FAVOR. CLAYTON SMALL - MR. FRENCH SPOKE WITH CLAYTON SMALL RE: REQUEST / GARDENING. DISCUSSION GIRL SCOUT PARADISE CAMP. PLANS SUBMITTED FOR OUR INPUT. THE CHAIRMAN WOULD LIKE TO SEE THE PARKING AREA ON THE OTHER SIDE OF THE ROADWAY FROM THE BUFFER ZONE AREA. CLAYTON SMALL WANTS A DESCRIPTION OF THE ACTIVITIES / WATER USE CONCERNS. DISCUSSION DAVID LANG SPOKE WITH GELPEY RE: MUSANTE AND THE 6" CONCRETE WALL AND THE FENCE. HE ALSO VIEWED THE SITE TODAY, AND WHAT HE SAW WOULD RESTRICT THE FLOW OF WATER. CLAYTON SMALL WILL VIEW THE SITE AND TAKE THIS INTO DISCUSSION AT THE DECEMBER 13TH MEETING. CLAYTON SMALL HANDED OUT A HARD COPY RE: BUFFER ZONES TO ALL THE MEMBERS. RE: BEVERLY HOUSING AUTHORITY - HILLTOP DRIVE AND THE WATER MAIN PROJECT. TO RESPOND TO THE LETTER AND ASK FOR A DESCRIPTIVE PLAN. ENFORCEMENT ORDER TO 17 OLD RUBBLY ROAD RE:FILLING / WALL. DAVID LANG MOTIONED TO SEND AN E.O., CLAYTON SMALL SECONDED. ALL IN FAVOR. ADJOURNMENT AT 9:15 P.M. MOTIONED BY BILL LISS AND SECONDED BY DR. MAYO JOHNSON. ALL IN FAVOR. MARIE S. COTREAU / CLERK