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2003-03-11 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 11, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, Eileen Duff, William Squibb (arrived 7:20 pm) BOARD MEMBERS ABSENT: OTHERS PRESENT: Amy Maxner – Environmental Planner RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Vitale Site Discussion Lang states that the Vitale Site is on the agenda for discussion at this evening’s meeting. He states that the Commission has decided to ask the City Solicitor for an opinion on whether all of the members of the Commission can vote on this issue as two members of the Conservation Commission are members of the Open Space and Recreation Committee. He explains that the Commission wants to be sure that there is no conflict of interest on the vote. He states that the vote will be postponed until the next meeting, which is scheduled on April 1, 2003. Paluzzi moves to recess for a public hearing, seconded by Goodenough. All members are in favor. Motion carries 5-0 . Notice of Intent Cont: 5 Elm Top Lane – razing existing house and construction of single family home and replanting plan – Elm Top Realty Trust Attorney Thomas Alexander represents the applicant, Elm Top Realty Trust. He states that at the last meeting he was before the Commission and there was some discussion about whether this project needed Planning Board subdivision approval or not. He states he wants to make the Commission aware that the removal of one house and the building of another is an “Approval Not Required” project. He states that the location of the proposed house would work for the subdivision also. He states that he realizes that if the applicant goes forward with a subdivision plan, they would have to file with the Commission for any new work in the Buffer Zone. Conservation Commission Meeting Minutes March 11, 2003 Page 2 Squibb arrives. The applicant’s wetland consultant, Joe Orzel, provides an overview of the project. He states that there was a site visit conducted earlier this afternoon, and states that the cross sections of the bank were provided to the Commission for its review. He states that the Coastal Bank is not a significant source of sediment and reads from 310 CMR (1) to explain his position on this issue. He states that the narrow pathway is consistent with the DEP policy # 92-1 and with the neighboring property at 9 Ober Street. He states that how wide this break in slope must be is a judgment call, as the regulations or policy do not speak to this issue. Lang states that Rebecca Haney did believe that the Bank was a sediment source, and that it was important to look at the entire Bank in order to reach an accurate delineation. There is discussion regarding the 4 to 1 slope. Lang states that one must take the whole slope into account and where the two properties (9 Ober Street and 5 Elm Top) join needs to be classified as Coastal Bank as well. Lang states that the applicant may request a continuance. Robert Hubbard states that he would like to see the Commission’s recommendations regarding the Coastal Bank so that this hearing can be closed as soon as possible so that work may be started. There is discussion regarding the determination of the slope and the Coastal Bank. Robert Hubbard recommends that Joe Orzel delineate a line that the Commission could review and vote on later in the evening. Charles Harris, 9 Ober Street, provides comments regarding the Coastal Bank. He states that the Commission needs to take a stand and tell people what they can’t do because of the Rules and Regulations of resource areas. He expresses concern that if the Commission does not do that, precious property will be lost. Maxner states that the Commission seems to be rushed into a decision and feels uncomfortable with members making a determination with a delineation that is hand-drawn on a plan. She reminds the Commission that it was the applicant that chose to continue the hearing three times before any discussion occurred and suggests that new plans be generated by the applicant for the next scheduled meeting. Lang states that he believes the Commission should not accept the original top of Coastal Bank delineation and that this item should be continued. Robert McKann, attorney for the abutters, recommends that the Commission pay close attention to a replanting plan as well as the proposed grading. Conservation Commission Meeting Minutes March 11, 2003 Page 3 Goodenough states that she is not clear on what exactly she would be voting on, and would feel uncomfortable on making any decisions tonight. Lang states that he thinks there was progress made today regarding the delineation and recommends that the applicant prepare a new grading plan for the coastal bank and request a continuance to the next meeting. The Commission would like to receive at least one week prior to the next meeting in order to have time to review it. Joan Murphy expresses concern regarding the cutting of trees on the property and there should be some mitigation provided for that. Paluzzi moves to continue the hearing for 5 Elm Top Lane until the April 1, 2003 meeting, seconded by Goodenough. All members are in favor. Motion carries 6-0. Old/New Business 30 Longmeadow Road – Anthony Lavita Maxner explains that Mr. Lavita constructed a shed and deck, if not in the resource area, very deep into the buffer zone. Maxner states she has called Mr. Lavita several times asking that he or a representative attend this evening’s Conservation Commission meeting to explain his. She states that she has not heard back from him and asks the Commission how to proceed. Lang recommends that the Commission members visit the site on Saturday, March 29, 2003 at 10:30 a.m. ECV Bikers Association – Property Monitors Maxner states that Matt Plum of the Essex County Velo, a local cycling association, is offering services to the Conservation Commission. She states that members of the association are proposing to volunteer as “property monitors” for the property located between Greenwood Avenue, Common Lane and Route 128. She explains that they would monitor the property for vandalism and keep the trails clear of debris, as well as organize and sponsor two or more trash pick-up days. Lang has some hesitation about bikers causing soil erosion and has questions about their activities. Members suggest that Maxner invite Mr. Plum to attend the next meeting and explain more of what they are proposing. Maxner agrees to invite Mr. Plum to attend the next meeting. Conservation Commission Meeting Minutes March 11, 2003 Page 4 Regulations Maxner hands out a copy of the draft Wetland Regulations to the members. Maxner and Commission members briefly discuss the draft regulations, and agree to set a tentative special public hearing for April 3, 2003 to review the regulations. Members suggest that a copy of the rd draft regulations be sent to Peter Gilmore for his review and approval prior to the April 3 meeting. Maxner agrees to provide Mr. Gilmore with a copy for his review. Conservation Commission Property off Standley Street – Conservation Restriction Maxner states that Stella Mae-Seamans, chair of the Beverly Conservation Land Trust, sent a letter to the Essex County Green Belt regarding the Green Belt’s concerns over the “Miles” property off of Standley Street. She states that she and Debbie Hurlburt met with Stella-Mae and Jane Brusca from the Beverly Conservation Land Trust and they wanted to find out how the Commission felt about the possibility of placing a conservation restriction on this property. Maxner explains that the BCLT is not interested in holding, enforcing or managing the restriction, but that it is mainly concerned that this property remain in its natural state. Lang states that this land was given to the City of Beverly and placed under the care and custody of the Conservation Commission, and that nothing is planned for this property. He explains that several years ago there were proposals to use this area for girls softball field, but that the trustees of the land opposed it, and made it clear that this property is for conservation purposes only. The members recommend that Stella-Mea Seamans attend the next meeting to further discuss this issue. Maxner agrees to invite Ms. Seamans to the next meeting. Other 19 Temi Road Maxner states that this property will be coming before the Commission with a Notice of Intent (NOI) for an in-ground pool and addition. Maxner states she spoke with Bill Manuell who did the wetland delineation and that the property owner has a question for the Commission. She explains that there is a 12-inch maple tree that is in the backyard near the wetland that the property owner wants to cut down and leave the stump in the ground. Members of the Commission would rather have the removal of the stump as part of the NOI when they come before the Conservation Commission. Maxner agrees to write a letter to the applicant requesting that this tree be incorporated as part of the NOI. Conservation Commission Meeting Minutes March 11, 2003 Page 5 Approval of Minutes Paluzzi moves to approve the minutes of January 7, 2003 as written, seconded by Goodenough. All members are in favor. Motion carries 6-0. Paluzzi moves to approve the minutes of January 22, 2003 as amended, seconded by Johnson. All members are in favor. Motion carries 6-0. Paluzzi moves to approve the minutes of January 28, 2003 as amended, seconded by Duff. All members are in favor. Motion carries 6-0. Adjournment Paluzzi moves to adjourn, seconded by Johnson. All members in favor. Motion carries 6-0. The meeting is adjourned at 9:00 p.m.