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2005-12-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: December 13, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chairman), Tony Paluzzi (Vice-Chair), Ian Hayes, Gregg Cademartori, Mayo Johnson, Bill Squibb (arrives 7:20 p.m.) Members Absent: Others Present: Amy Maxner – Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:00 p.m. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 10 Avalon Avenue – Frederic Horne Maxner reads the legal notice. Fredric Horne, applicant, explains that his seawall was constructed in the early 1900’s and it now needs some attention and needs re-pointing in some areas with the largest area of disrepair consisting of a substantial hole about 5 foot round. The hole will need to be filled with stone and re-mortared and other portions will need new mortar and general maintenance. He states he has contracted with North Shore Marine and they will be doing the work. Maxner states she took the photos attached to the application several weeks ago. Paluzzi asks what the pipe shown in the photo functions as. Horne states that he thinks it is an abandoned stormwater outfall from the driveway of the old house as there is a catch basin in the driveway but he does not believe that it is functioning. Hayes asks how long the work will take to complete and if a barge will be used. Horne estimates about 2 to 3 weeks and a barge will not be used as the work will be done from land side of the wall and some staging will be placed in front of the wall on the ocean side to access the large hole. He goes on to explain that the mortar will be mixed on the lawn and small equipment will lower the stones and boulders into the hole and he thinks that new stone will need to be brought in to fill the hole. Lang asks if there are any further questions. There are none. Paluzzi moves to issue a Negative # 2 Determination. Seconded by Hayes. All members are in favor. Motion carries 5-0. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 2 of 14 MINOR MODIFICATION New: 5 Elm Top Lane, DEP File #5-835 – Elm Top Realty Trust Bob Griffin, Griffin Engineering representing the applicant, states the purpose of this modification is for a change in the footprint of the proposed house. He explains the proposed change and states it is a result of the architectural renderings from the potential buyer. He states the roof area is within 2 feet of the original house and there still will be a drywell for roof runoff. Lang asks if there will be a decrease in impervious area with this change. Griffin states yes, there will be a slight decrease. Paluzzi asks if there have been any changes to the Coastal Bank delineation. Griffin states no. Lang asks if there are any further questions from the Commission. There are none. Paluzzi moves to issues a Minor Modification for the change in footprint. Seconded by Johnson. Cademartori abstains. Motion carries 4-0-1 (one abstention). Paluzzi moves to recess for public hearings. Seconded by Hayes. All members are in favor. Motion carries 5-0. AMENDMENTS TO ORDERS OF CONDITIONS New: 7 Margaret Avenue, DEP File #5-861 – Wayne Realty Trust Maxner reads the legal notice. John Dick, Hancock Associates representing the applicant, states the proposed Amendment involves leveling an area for parking within the outer Riparian Zone. He explains there will be removal of some ledge and installation of modular retaining walls to connect with existing retaining walls on site. Paluzzi asks how large the parking area will be. Dick responds about 25 feet by 35 feet. Hayes asks how the ledge will be removed and how deep are the cuts in ledge expected. Dick states the ledge will be chipped away with a bobcat and hammer as the ledge is shaley and he expects a 6 to 10 foot cut at the deepest points. Paluzzi asks where the chipped ledge will go and if the drainage of the area will change as a result of this work. Dick states no change in drainage patterns are anticipated and the chipped ledge will be removed from site. Lang asks if there are any questions from the public. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 3 of 14 Joan Gallagher, 10 Eleanor Avenue, states she is concerned about work within the public way that constitutes Margaret Avenue and asks if work can be done in this area if it is a public way as she represents the Ryal Side Civic Association who directly abuts the applicant’s property. Lang states the Order of Conditions does not provide permission to work on property not owned by the applicant and this is something Mr. Britton will need to determine on his own. Lang asks if there are any further questions from the Commission or the public. There are none. Squibb arrives. Johnson moves to close the hearing. Seconded by Hayes. Squibb abstains. Motion carries 5-0-1 (one abstention). Lang states the Commission is going to change the order of the agenda items to allow 0 Hickory Lane to be heard at this time as the applicant’s consultant must leave for another meeting in a nearby town. Cont: 0 Hickory Lane, DEP File #5-896 – Cecil Blair John Dick, Hancock Associates representing the applicant, explains that during the Saturday, rd December 3 site inspection several things were discussed, and the location of two wetland flags were adjusted. He states that Wetland Flag A1 was moved six feet to the east and Wetland Flag A2 was moved ten feet to the east, both moved to incorporate topographical features the Commission felt should be included within the resource area. He goes on to explain changes made to the plan due to these flag adjustments as well as the details of the mitigation planting for the 25-Foot No Disturb Zone. He states the wetland resource has been subject to dumping throughout the years and its function has been severely impaired and the mitigation planting will help to improve the situation at least that which is on his client’s property. Paluzzi asks if there will be additional grading with this amended plan. Dick states grading on the easterly side of the driveway will be required and they are proposing to construct a retaining wall for that side of the drive partly for aesthetic reasons, as there will be a lot of foundation showing since no basement is proposed. Paluzzi asks a clarifying question about the basement. Dick states no basement is proposed as there is such a high groundwater table, flooding would be a constant problem. Johnson asks how roof runoff will be dealt with. Dick states there will be just drip edges, no down spouts are proposed. Dick states that the bank located at the edge of the No Disturb Zone may be artificial in that it may consist entirely of fill and grading in this area may be required once the debris is cleared away. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 4 of 14 Lang asks if there are any further questions from the Commission or the public. There are none. Johnson moves to close the hearing. Seconded by Paluzzi. All members are in favor. Motion carries 6-0. New: 10 Fosters Point, DEP File #5-865 – Robert Thomson Lang recuses himself from this portion of the meeting and leaves the room. Maxner reads the legal notice. Robert Thomson, applicant, states the Army Corps of Engineers is requiring that no part of his dock system rest on the mud flats, therefore he had to redesign the system. He explains that parts of the original pier design were floats that were secured by piles, but it has been changed to be an entirely pile supported pier structure with a terminal float resting in at least 2 feet of water at all times. He states he will have a 30-foot gangway. Johnson asks if the float is now smaller. Thomson states he did not plan to make it smaller, but keep it at average size of 15’ x30’. Paluzzi asks if the applicant is confident that the float will be in 2 feet of water. Thomson states yes, the plan has been surveyed to ensure that requirement is met. Maxner asks what the diameter of the piles will be. Thomson states he thinks they will be 12- inch diameter piles. Paluzzi asks if there are any further questions from the Commission or if there are any from the public. There are none. Johnson moves to close the hearing. Seconded by Hayes. All members are in favor. Motion carries 5-0. Lang returns to the meeting. New: 150 Sam Fonzo Drive, DEP File #5-844 – S & D Real Estate Trust Maxner reads the legal notice. Peter Ogren, Hayes Engineering, states his client is looking to amend the proposed plan to reconfigure portions of the parking areas. He explains the changes to the plan which include eliminating a portion of the parking lot located to the west adjacent to the proposed detention basin, adding a parking area immediately adjacent to the southern edge of the building and adding an access drive to that parking area to the south west corner of the building. He goes onto explain there will be an overall reduction in impervious surface by about 1,455 square feet. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 5 of 14 Discussion ensues regarding the conservation easement. Lang states he would be inclined to have the restriction granted to the Commission and asks if the area of eliminated parking can be incorporated into the restriction. Ogren states there would be a need for vehicle and equipment access through that area for snow removal purposes and for detention basin management. Lang states the Commission could allow for language to that effect. Maxner states she spoke with a representative of Greenbelt and they informed her that a conservation easement and conservation restriction are one in the same, there is no difference and that would need to be approved by Executive Office of Environmental Affairs. Ogren states restrictions approved by the EOEA need to serve a larger public benefit and he does not see how this property will fit that definition. He explains his client was planning on a deeded restriction, which would be in the custody of the Commission. Squibb asks where snow will be stockpiled on site. Ogren states they were planning to store it along the northerly berm of the basin so that it could melt into the stormwater structure. Squibb states he would like to see a curb or lip along the new access drive on the wetland side. Hayes asks a clarifying question about the proposed sump pump and if a back up pump could be added to the plan. Ogren states that is something that could be done, although additional sensors and controls will need to be added. Maxner states she indicated to the applicant’s contractor, John Kelleher, that additional woody planting should be included in the are adjacent to the detention basin but does not see it called out in the plan. Ogren states that is a condition his client would be amenable to. Maxner asks what is proposed for the walking foot path area and if additional trees and shrubs could be planted along that strip as well. Ogren states that would be possible. Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street, asks a clarifying question about the vernal pool. Ogren states that Dr. Sanford evaluated it, and he did determine that it was a vernal pool but thought it had low productivity. Lang states the Commission did not characterize it that way. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to close the hearing. Seconded by Hayes. Cademartori abstains. Motion carries 5-0-1 (one abstention). NOTICES OF INTENT Cont: 62 South Terrace, DEP File #5-894 – Michael Burta Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 6 of 14 The applicant’s attorney provides a brief review of the project and turns the discussion over to Joe Orzel of Gulf of Maine. Orzel states based on feedback from the Commission, additional information has been provided and some changes to the plan have been made. He states the number of sono tubes has been reduced to lessen the impact on the coastal bank and changes to the drywell system have been made and introduces Peter Williams of Vine Associates to discuss this part of the project. Peter Williams states the drywell system comes in components that are assembled on site and would require a small amount of excavation by hand and placed in the ground by hand. He explains that the design was modified to add a fifth additional chamber to increase capacity. Lang asks for the system’s volume. Williams states the new design can handle 110 cubic feet of runoff. Orzel goes onto highlight the project and mitigation measures in detail and explains there is a shift of impervious surface from the inner riparian zone to the outer riparian zone. Squibb asks for the number of footings for the deck. Orzel states there will be 6 and they will be at least 4 feet down and tied into ledge if necessary. Cademartori asks for a description of the construction sequence. Michael Burta states a company out of Manchester NH will jack up the house about 15 feet in the air by cutting the house at the second floor, the first floor and existing basement will be demolished, a new concrete foundation will be poured and then the first floor rebuilt and then the house will be lowered back down onto the new foundation and first floor. Lang asks Orzel if any thought has been given to replanting sea grass within the mud flats adjacent to the seawall. Orzel states no they were concentrating on Coastal Bank issues. Burta states he would not be opposed to planting that area. Joan Gallagher states grass did grow there at one time. She states that she is still very concerned about the runoff from the project negatively affecting her property. Orzel states the project has been designed to mimic or improve present conditions. Lang asks if there are any further questions from the Commission or the public. There are none. Johnson moves to close the hearing. Seconded by Paluzzi. Hayes and Lang abstain. Motion carries 4-0-2 (two abstentions). New: 395 Hale Street – Endicott College Maxner reads the legal notice. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 7 of 14 Joe Orzel, of Gulf of Maine, and Bernie Paquin of Dana Perkins, present for the applicant and state that Dr. Wiely college president and Dennis Monaco director of grounds are present as well. Orzel states the applicant is proposing to construct additions, outdoor tent foundation and other site work within Buffer Zone to Coastal Bank and Land Subject to Coastal Storm Flowage. He explains the Coastal Bank delineation has a curious anomaly in the middle of an upland portion of the site due to the elevation of Land Subject to Coastal Storm Flowage and slope of that area. He lists the resource areas present on site: Rocky Intertidal Shore, Coastal Beach, Land Subject to Coastal Storm Flowage, Coastal Bank, 25-Foot No Disturbance Zone and 100-Foot Buffer Zone. He explains the site is complex as the FEMA flood elevation varies throughout the site from 20’ to 25’ and all these elevations are in Velocity Zones. Paquin explains in detail the proposed activities involving the new parking area, tent foundation area, pool and pool house, additions and utility hook ups. A pervious parking area and drive will be added along the street side of the large brick wall, the tent slab will be within the 25’ NDZ and serve as an outside function area with a stone run off trench around the perimeter, pool will be filled and graded for a sitting area, and the pool house will be converted to bathroom facilities. Lang states a site visit may be in order. Members agree. Lang asks if there are any questions from the public. There are none. Squibb moves to continue the hearing to the January 10, 2006 meeting, pending a site inspection scheduled for Saturday, January 7, 2006 at 8:30 a.m. Seconded by Johnson. Motion carries 6-0. New: Off L.P. Henderson Road/Cabot Street (former Vitale Site) – Cailin LLC c/o Stanley Bialek Maxner reads the legal notice. John Casco, attorney for the applicant, provides an overview of the project which consists of the applicant requesting permission from the Commission to leave the temporary culvert crossing installed by New England Power as part of the Vitale Site restoration project. Casco states the purpose of this Notice of Intent to keep the culvert in place is to: 1. Provide stream flow attenuation for the down stream property in order to bypass contact with any of the capped fly ash on the Vitale Site; 2. Provide a secondary emergency means of access to the applicant’s property out to Cailin Road off of Cabot Street. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 8 of 14 Casco goes on to review the utility corridor, which was approved by the Commission with the understanding that no actual utilities will be placed in that corridor or will continue over past the existing culvert without further approval by the Commission. Casco explains that in August, NEPCO informed Stanley Bialeck that it intended to remove the culvert, however this was brought to court and an agreement was reached to leave it in place. He explains that his client, NEPCO and the City through its Solicitor’s Office have reached an agreement to leave the crossing in place to allow his client time to proceed with permitting to receive approval from all of the appropriate agencies to keep this crossing in place. He introduces Curt Young of Wetlands Preservation to discuss the wetland aspects of the project. Young goes onto explain that as part of the restoration of the Vitale and adjacent sites, the stream channel location was adjusted to mimic historic flow patterns on the site and in order to access the site in the most efficient manner, the culvert crossing was installed. He states the stream channel is very narrow with very steep side slopes and the existing crossing is slated for removal and bank and BVW resource areas will be installed in its place. He states the crossing has impacted approximately 120 linear feet of bank and 1,988 square feet of BVW. He goes onto explain the area down stream that consists of an upland fill area within and adjacent to restored wetlands, there will be approximately 15,000 square feet of proposed replication which results in an 8:1 ratio. He also states the banks of the stream will be restored to accommodate for small mammal movement as the existing rip rap embankments are inhospitable to creatures that would try to traverse that area. Cademartori asks Young of his level of involvement with the site. Young states he is very familiar with the subject sites as his firm has been involved with wetland delineation and some expert witness services for when the Cailin Road cul-de-sac was approved by the DEP through a Superseding Order of Conditions. Through that permitting process for Cailin Road, it was discovered that fly ash had migrated to the down stream properties. Paluzzi asks if the crossing meets the new Army Corp crossing standards. Young states no, however he does believe that since it is intermittent there will be no fish routes to be concerned with as the new guidelines are specific for fish bearing streams. Lang asks if there are any questions from the public. Joan Johnson, 36 Longmeadow Road, asks if the crossing was intended to be temporary can it support traffic and vehicles. Young states that it can support traffic as his client asked NEPCO to build it to permanent standards. Lang asks if a site inspection would be in order. Members agree. There being no further questions from the Commission or the public at the present time, Paluzzi moves to continue the hearing to the January 10, 2006 meeting, pending a site inspection Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 9 of 14 scheduled for Saturday, January 7, 2006 at 9:15 a.m. Seconded by Hayes. All members are in favor. Motion carries 6-0. New: 159 West Street – Helen Grela Maxner reads the legal notice. Mary Rimmer, Rimmer Environmental, states her client is proposing to perform landscaping improvements, constructing a free standing deck, terrace and carving stairs into the existing ledge of the Coastal Bank to access the beach, as well as landscaping improvements within Buffer Zone to BVW. Some of the work is within the 25’ NDZ. She explains the Buffer Zone to BVW at the northern end of the property has been an area of historic dumping and they are proposing to clean this area out and create a natural walking woodland trail with native herbaceous and woody plantings. She explains the work on the Coastal Bank, which involves naturalizing and 1,650 square foot area of filled lawn with native woody plants and ground cover. Non-native Swiss Mountain Pines will be cut at ground level and roots left in place. There will be a wooden deck platform for sitting proposed along the edge of the bank and a dry laid stone terrace for sitting in a flat low lying area as well as carved steps to reach the ocean on the Coastal Bank. Johnson asks a clarifying question about the terrace area. Lolly Gibson, landscape designer for applicant, states all the work proposed for the dry laid stone terrace will be by hand and very minimal excavation is proposed, small areas will be hand dug to pour stone dust and position the terrace stones. She explains that the wooden deck would be removable and a seasonal furniture- like structure. Lang asks a clarifying question about the carved steps. Gibson explains that there exists a concrete and wooden stair case in poor and dangerous condition and they are proposing to remove it and hand carve the new stairs directly into the granite to create a much more natural and durable landscape feature. Lang asks if there are any questions from the public. There are none. Squibb states he would like to conduct a site inspection. Members agree. Paluzzi moves to continue the hearing to the January 10, 2006 meeting, pending a site inspection scheduled for Saturday, January 7, 2006 at 8:00 a.m. Seconded by Johnson. Motion carries 6-0. ORDERS OF CONDITIONS 10 Fosters Point, DEP File #5-865 – Robert Thomson Hayes moves to approve the Amendment and apply the Standard Conditions and Special Conditions that were issued with the original Order. Seconded by Johnson. Cademartori and Lang abstain. Motion carries 4-0-2 (two abstentions). Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 10 of 14 7 Margaret Avenue, DEP File #5-861 – Wayne Realty Trust Johnson moves to approve the Amendment and apply the Standard Conditions and Special Conditions that were issued with the original Order. Seconded by Hayes. Cademartori and Lang abstain. Motion carries 4-0-2 (two abstentions). 150 Sam Fonzo Drive, DEP File #5-844 – S & D Real Estate Trust Paluzzi moves to issue Standard Conditions and Special Conditions as issued with the original Order along with the following additional Special Conditions: 1. The edge of the access drive, noted as “Area E” on the approved site plan, shall be constructed with a curb or lip above the pavement grade on the wetland side. 2. There shall be a double sump pump installed at the grate drain adjacent to the newly proposed parking area and access drive (“Area E”). 3. A gravel infiltration trench shall be installed along the southern edge of the newly proposed parking area. 4. Snow from the newly proposed parking area and access drive (“Area E”) shall not be stored within the adjacent wetlands. 5. The conservation easement shall include the area noted as “Area A” on the approved site plan, with an allowance for a gravel access drive to provide access to the detention basin for maintenance and allow for snow removal/storage. 6. Only snow from the site shall be stored/stockpiled on site. 7. A planting plan for the area noted as “Area A” and the area to be maintained as a foot path between the vernal pool and wetland located to the south shall be submitted to the Commission for review and approval and shall consist of native trees and shrubs appropriate for existing growing conditions. Seconded by Hayes. Cademartori abstains. Motion carries 5-0-1 (one abstention). 62 South Terrace, DEP File #5-894 – Michael Burta Discussion ensues regarding performance standards for the Coastal Bank, Riverfront Area and the 25-Foot No Disturbance Zone. Johnson states he is not inclined to approve the extension of the deck onto the Coastal Bank as he worries about the precedent it would set for future projects of this nature. He does not recall the Commission ever approving a structure of this nature within the Coastal Bank resource area. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 11 of 14 Cademartori states the Riverfront Area regulations are clear on not allowing development closer to the river and this is not distinguished between developed or degraded riverfront areas. He states the Commission was never provided with alternatives to review and the applicant made it clear there were zoning constraints that have no bearing on wetland permitting procedures. Further discussion ensues regarding 310 CMR 10.58 and its application to the project. Discussion ensues regarding how the vote should be crafted. Paluzzi states he would include the Commission’s Standard Conditions and require that the first 10 feet of the mud flat be replanted with sea grass. Paluzzi moves to approve the project subject to the Commission’s Standard Conditions with a Special Condition requiring replanting of the first 10 feet of the mud flat with sea grass at a frequency of one plant per square foot. Johnson, Squibb, Cademartori are opposed. Lang and Hayes abstain. Motion fails. Squibb states he thinks the applicant has done a good job in meeting the performance standards for the 25-Foot No Disturb Zone and has proposed a great deal of improvements particularly with regard to stormwater and infiltration. He would be in favor of approving but the deck is obviously something the Commission will not approve. Maxner reminds the Commission that it is able to approve portions of a project and deny other portions. Squibb motions for reconsideration of the vote. Seconded by Johnson. Lang and Hayes abstain. Motion carries 4-0-2 (two abstentions). Squibb moves to approve the project but deny the first floor deck and activities associated with the deck, subject to the Commission’s Standard Conditions and replanting of the mud flat as described above. Seconded by Paluzzi. Hayes and Lang abstain. Motion carries 4-0-2 (two abstentions). 0 Hickory Lane, DEP File #5-896 – Cecil Blair Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Restoration and replanting and seeding of wetland area and 25-Foot No Disturbance Zone as detailed in December 7, 2005 letter signed by John Dick of Hancock Associates, shall prior be completed and inspected by a member of the Commission or its Agent to any construction on the lot. Seconded by Hayes. All members are in favor. Motion carries 6-0. OLD/NEW BUSINESS Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 12 of 14 New: Extension to Order of Conditions: 391R Elliott Street, DEP File #5-786 – William Beard Maxner states the Commission received a request for an extension to an existing Order of Conditions for 391R Elliott Street. She explains the project involves the construction of a single- family house within the Buffer Zone to Bordering Vegetated Wetland and she has visited the site a few times throughout construction and it has remained in compliance with the Order and the approved plan. She states the applicant is requesting a one-year extension. Johnson moves to issue a one-year extension. Seconded by Hayes. All members are in favor. Motion carries 5-0. Cont: 527 Essex Street - Enforcement Order Action Update – Peter Scouras Peter Scouras is present to discuss the Enforcement Order with the Commission. Maxner reminds the Commission of the site inspection conducted on Saturday morning, December 3, 2005. She asks if the Commission finds the wetland restoration and invasive specie management proposal acceptable in lieu of its original Order requiring native planting within the 25-Foot No Disturbance Zone. Lang states he would be in favor and asks Scouras if he has talked with his abutters about this proposal. Scouras states yes and neither abutter has any problem with what he is proposing and provides a letters he wrote to Janet Brewster and Bob and Cindy Johnson with a note from both expressing agreement. Members agree that the present proposal as described in the wetland report prepared by William Manuell is acceptable. Paluzzi asks if Scouras has done any work since the site inspection. Scouras states he intended to cut the phragmite down as the Commission gave verbal permission for at the site visit but he has not been able to start that work due to the weather and recent snowfall. Maxner asks if the Commission wants to consider requiring a bond to be posted to ensure the work is completed. Lang asks Scouras for the landscaping estimate. Scouras states his landscape contractor, Country Scapes, estimated the project would cost about $3,460.00, and provides a copy of the estimate to the Commission. Members agree that a bond will not be required at this time but the Enforcement Order will remain in place and that Mr. Scouras will be monitored in the spring for progress. Maxner advised Scouras that the Commission has yet to issue a Certificate of Compliance for the addition and that he should not expect that to be done until the wetland restoration work is completed to the Commission’s satisfaction. Cont: 24 Meadow Road – Enforcement Order Action Update – James Pica Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 13 of 14 Maxner states she was able to inspect the site last week prior to the snowfall and found the area to be in compliance with the Enforcement Order. She notes that the area where the compost was stockpiled was stable and posed no threat of sedimentation and the wooden retaining planks have been removed as required. She states the Commission now has the option of lifting the Enforcement Order if it sees fit. Paluzzi moves to lift the Enforcement Order. Seconded by Johnson. Cademartori abstains. Motion carries 4-0-1 (one abstention). New: 18 & 20 Longmeadow Road – Violation within Buffer Zone Maxner states she received a telephone call from Joan Murphy of Longmeadow Road reporting activity within the Buffer Zone at 18 & 20 Longmeadow Road. She conducted a site inspection and found that the owner had constructed a concrete block retaining wall between the two properties and deck footings at #20 without approval from the Commission. She explains that the owner was before the Commission about 1 ½ years ago for cutting saplings and removal of fencing and was instructed to remove dumped debris from previous owner found behind the fence and to cease from any further activity within the wetland or Buffer Zone. Paluzzi asks if she knows if activity is within the wetland. Maxner states it was difficult for her to determine exactly where the wetland line is located and suggests that the Commission issue an Enforcement Order requiring that the wetland be delineated. Members agree to schedule a site inspection for Saturday, January 7, 2006 at 10:00 a.m. and require the violator to flag the wetland in time for that visit and appear at the next meeting. Hayes moves to issue an Enforcement Order with directives just discussed. Seconded by Johnson. Motion carries 6-0. 8 Thomas Road – Joe Coughlin Maxner states the Commission has received a request from Joe Coughlin to place a storage shed within the Buffer Zone to Bordering Vegetated Wetland at 8 Thomas Road. A brief discussion ensues regarding the history of the site and members agree to require Mr. Coughlin to file a Request for Determination of Applicability. Expenditure – Legal Advertisement Invoice Maxner states the Commission received an invoice from the Salem News for the legal ad published for the Regulations amendment, in the amount of $107.25. Johnson moves to expend $107.25 for payment to the Salem News from the Ordinance NOI account. Seconded by Hayes. All members are in favor. Motion carries 5-0. Beverly Conservation Commission December 13, 2005 Meeting Minutes Page 14 of 14 APPROVAL OF MINUTES Johnson moves to approve the minutes from the July 19, 2005 special meeting with amendments. Seconded by Cademartori. Hayes abstains. Motion carries 4-0-1 (one abstention). Members agree to place the September 13, 2005 and October 4, 2005 meeting minutes on the th January 10 agenda for review and approval. ADJOURNMENT Johnson moves to adjourn. Seconded by Hayes. All members are in favor. Motion carries 5-0. Meeting is adjourned at 11:30 p.m.