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1995-06-27MINUTES OF JUNE 27, 1995 MEETING MEMBERS PRESENT: CHAIRMAN VINCENT COTREAU, GLENN TERRY, NANCY LODGE, CLAYTON SMALL, DAVID LANG, AND NEWLY APPOINTED MEMBER, TONY PALUZZI. MEETING CALLED TO ORDER @ 7:45 P.M. GLENN TERRY MOTIONED TO ACCEPT THE MINUTES OF CLAYTON SMALL SECONDED THE MOTION. ALL IN FAVOR. JUNE 6, 1995 AND DISCUSSION WITH CITY SOLICITOR, MARSHALL HANDLY RE: ENFORCEMENT ORDERS. HIS OFFICE WILL SEND A LETTER AND INVITE THE FAULTY PARTY TO ATTEND THE NEXT MEETING OF THE CONSERVATION COMMISSION AND WILL TAKE ACTION IN FAILURE TO DO SO. GLENN TERRY MOTIONED TO RECESS FOR THE PUBLIC HEARING SESSION AND TONY PALUZZI SECONDED THE MOTION. ALL IN FAVOR. FIRST CONTINUED HEARING #5-494 CONIFER WAY (OFF DODGE ST.) JEFF BUNK PRESENT: JEFF BUNK, APPLICANT. REPRESENTING, TOM ALEXANDER. ATTY. HE SUBMITTED NEW INFORMATION FROM GLOVSKY & GLOVSKY'S OFFICE WITH ATTACHED LOCUS PLAN (LAST PAGE) OF SUBMITTAL. CHAIRMAN TO TOM ALEXANDER - REFERRED TO LAND OFFERED TO THE CITY? TOM ALEXANDER - IT IS NOT PRUDENT TO MAKE AN OFFER TO THE CITY UNTIL PARAMETERS OF THE SUBDIVISION ARE ESTABLISHED. GLENN TERRY - QUESTIONED AS TO HOW BUNK IS BUYING THIS LAND? ALEXANDER - HIS RIGHTS ARE SUBJECT TO THE CITY. REFERRED TO CHAPTER 6lA AGRICULTURAL USE/TAXES. CHAIRMAN - TO PASS BEFORE BOTH THE MAYOR AND THE CITY COUNCIL. GLENN TERRY - THEN REFERRED TO A MORATORIUM AND WANTS A COPY FROM THE PLANNING BOARD MEETING (WORDS E.G.: SHALL AS OPPOSED TO A MAY) IN THE LETTER. ATJRXANDER - THEN REFERRED TO THE $2,200 GOES TO THE CITY IF SEWER IS PROPOSED. GLENN TERRY - RE: SEWER ON DODGE STREET. ALEXANDER - THAT IS ALSO A CONDITION OF THE PLANNING BOARD AND WILL GET US A COPY. CLAXTON SMALL - RE: HEARING THE HOMES W/FUEL? JEFF BUNK - OIL TANKS IN THE BASEMENT, THE LINES WILL BE ABOVE GROUND. CLAXTON SMALL - QUESTIONED THE CONSTRUCTION OF THE FUEL TANK AREA/CONTAINMENT IN THE BASEMENT? BUNK - YES,IT COULD BE DONE. CLAYTON SMALL - IT WOULD BE PRUDENT, ESPECIALLY IN A SENSITIVE AREA. WOULD BE A SAFETY MEASURE IN THE CELLAR AS TO AVOID SEEPAGE. (125% MEASURE TO HOLD FUEL ON SITE). DAVID LANG - COULD POUR CONCRETE AROUND THE AREA. PETER OGREN - COULD DO A BLOCK WALL AROUND THE TANK AND SEALING IT. CLAYTON SMALL - RE: TO VAPOR - THAT COULD GET RIPPED. DAVID LANG TO PETER OGREN - RE: SURVEYING 400' TO LOW WATER. PETER OGREN - THE WATER RESERVOIR TABLE IS NOT HIGH THIS YEAR. THE DESIGN OF THE RESERVOIR IS 38 THIS SPRING. TO LOCATE THE 39 LINE TO BE 400' FROM THE 39 LINE WHICH IS CLEARLY OUTSIDE THE CONSERVATION RESTRICTION. HAS A REVISED PLAN THIS EVENING TO SHOW THE DRAIN PIPE. THE SEPTIC SYSTEM SHOWS CLOSER TO THE ROADWAY. TOOK GRADES OUT TO THE SPILLWAY. 'THE 39 DESIGN ELEVATION FOR THE RESERVOIR IS FROM TOM KNOWLTON. CHAIRMAN - QUESTIONED: TO PIPE TO THE DETENTION BASIN. ALSO, AN ADVANTAGE TO PUT IN A SWALE MIGHT HELP RELIEVE POLLUTION. PETER OGREN - HOW DEEP WOULD A SWALE HAVE TO BE, AND MAYBE AT THE VERY END. DAVID LANG - WANTS A COPY OF THE CITATION/REGULATIONS AND THE REFERENCE TO THE 39' DESIGN BY TOM KNOWLTON. THERE SEEMS TO BE SOME DISCREPANCY IN THE ELEVATION. PETER OGREN TO DAVID LANG - THE BOUNDARY IS UNDER BODY WATERS AND WATERWAYS. REFERRING TO OUR REGS, THE AREA IS VERY WELL VEGETATED AND THERE ARE LUSH WETLANDS IN THE AREA. (MEAN ANNUAL LOW WATER). GENERAL PUBLIC JEFF TANNEBRING 96 DODGES ROW WENHAM REFERRED TO THE PLAN AND THE PREVIOUS DISCUSSION. PETER OGREN IS CONFIDENT THAT IT IS OUTSIDE OUR JURISDICTION AND DISCUSSED "SWAPPING RESOURCES". TANNEBRING - QUESTIONED THE REQUIREMENT TO MEET THE NEW TITLE 5. PETER OGREN - STATED THAT THE APPLICANT VOLUNTARILY AGREED TO MEET THE NEW TITLE 5, WHEREAS THE ACT IS STILL UNDER THE OLD TITLE 5. THE SEPTIC SYSTEM IS NOT THE ISSUE OF THIS HEARING AND NOT WITHIN THE 100' AREA. CHAIRMAN - QUESTIONED HOW MUCH ROOM FOR EACH SYSTEM? PETER OGREN - 2' DEPTH/TRENCH AND 5' SEPARATION FROM THE GROUNDWATER/THE MOST IMPORTANT FEATURE. CHAIRMAN - THE GROUND BEING TOO GOOD. PETER OGREN - REASON FOR THE 5' SEPARATION NOT CONCERNED ABOUT NITROGEN AND PROSPEROUS, CONCERNED WITH BACTERIA AND VIRUSES, NOT RECOMMENDED FOR SLOWER SOILS. GROUNDWATER DOWN TO 14' DAVID LANG - NITROGENS AND PROSPEROUS WILL JUST TRAVEL. PETER OGREN - WILL CONCENTRATE, PLANTMATTER WILL TAKE IT UP BEFORE IT GETS TO THE WETLANDS AND RESOURCE AREAS. DAVID LANG - RE: POND, WHY WILL CONCENTRATED NUTRIENTS IN THE SEPTIC SYSTEM HAVE NOT BEEN ADDRESSED YET, WHAT HAPPENS WHEN IT GETS TO THE GROUNDWATER. PETER OGREN - YES, THEY WILL CONTINUE TO TRAVEL ON, REASON FOR THE 400' SETBACK FOR DILUTION. COULD PUT THAT IN THE ORDER OF CONDITIONS RE: SEPTIC SYSTEMS AND APPLICANT IS TO COME BACK TO THE CONSERVATION COMMISSION. TO BE CONSISTENT WITH TITLE 5. ALSO, DUG 10-11' DOWN. GENERAL PUBLIC RENEE MARY OF 274 HALE STREET STATED THAT THE PUBLIC SHOULD BE ABLE TO SEE ALL THIS IN WRITING/AND ON A PLAN. PETER OGREN - IT WILL BE ON THE SEPTIC SYSTEM PLANS. CHAIRMAN TO RENEE MARY - TO ASK THROUGH THE CHAIR. PETER OGREN - SHOWED RENEEMARY THE PLAN AND EXPLAINED, WILL PUT IT ON ANOTHER LINE, IF NECESSARY, FOR THE COMMISSION. CHAIRMAN N TO THE MEMBERS ASKED FOR A MOTION. CLAYTON SMALL MOTIONED TO CLOSE WITH THE INFORMATION BEING SUFFICIENT. DAVID LANG MOTIONED TO CONTINUE FOR 3 WEEKS JULY 18TH, WANTS THE DRAWING TO SHOW THE CHANGES AND TO BE ABLE TO READ MORE CORRESPONDENCE INCLUDING TONIGHT'S SUBMITTALS. ALSO, TO SEE WHERE THE SEPTIC SYSTEM WILL BE PLACED AND TO CONFIRM FROM TOM KNOWLTON (SALEM-BEVERLY WATER BOARD) THE 39 LINE AND TITLE 5 CONFIRMATION. GLENN TERRY - WANTS TO SEE THE NEW LETTER THAT SHOWS THE CONDITIONS OF THE PLANNING BOARD, ALSO WANTS A COPY FROM THE SALEM-BEVERLY WATER BOARD. DAVID LANG - REFERRING TO THE LETTER FROM THE BANK, THAT THESE 4 LOTS WILL BE THE ONLY 4 LOTS THAT WILL BE BUILT AND THEN WILL SUPPORT THE PROJECT. TOM ALEXANDER - THE BANK IS NOT THE OWNER OF THE LAND, JUST JUDICIARIES. GLENN TERRY - IS RELUCTANT TO CLOSE THE HEARING UNTIL WE SEE THE ADDITIONAL INFORMATION, UNABLE TO ACCEPT THE INFORMATION AT THIS TIME, HAVE NOT HAD ENOUGH TIME TO REVIEW IT. PETER OGREN - WANTS TO SUBMIT THE ADDITIONAL INFORMATION AS FOLLOWS: TO BE KEPT OPEN FORANOTHER ELEVATION; AND, ALSO, TO SHOW THE AREAS OF SEPTIC SYSTEM. DAVID LANG - WANTS A COMPLETE PACKAGE. CLAYTON SMALL - CONCERNED WITH THE STORAGE OF THE FUEL TANKS. JEFF BUNK - THAT IS AS FIRE DEPARTMENT ISSUE. CLAYTON SMALL - THERE SHOULD BE A MECHANISM AS TO AVOID SPILLAGE. DAVID LANG TO TOM ALEXANDER - TO APPROACH THE BANK RE: THE SEPTIC SYSTEM. CHAIRMAN - RE: TO THE BANK/TRUST FUND/THE OPINION COULD CHANGE. NANCY LODGE - IS TO ACQUIRE THE NEW TITLE 5 SYSTEM AND WILL SEND IT TO PETER OGREN AND WILL GET THE DRAWING. GLENN TERRY SECONDED DAVID LANG'S MOTION TO CONTINUE FOR 3 WEEKS. ALL IN FAVOR. HEARING CONTINUED FOR 3 WEEKS - JULY 18TH. SECOND CONTINUED HEARING: 39 CRESCENT AVENUE - PIER AND STAIRS REPAIR. REPRESENTING, GORDON FOSS (SON OF OWNER) CLAYTON SMALL - THE STANDARD FOR A PIER - 5' TALL OVER THE GRASSY AREA, 3/4" BETWEEN BOARDS AND TO USE CREOSOTE, PRESSURE TREATED. WILL TAKE DOWN BY HAND, NO PLANS TO PAINT. CLAXTON SMALL MOTIONED TO CLOSE THE HEARING AND DAVID LANG SECONDED THE MOTION. ALL IN FAVOR. THIRD NEW HEARING: IT CORP 37 TOZER ROAD WELLS INSTALLATION. REPRESENTING, VALERIE MILLER. ELSA POOLER, OWNER. WILL USE A RIG WITHIN 100', THE FIFTH WELL WILL BE A HAND AUGER WELL, TO USE A POST HOLE DIGGER, WILL GO DOWN 6', THERE WILL BE NO DISCHARGE, EVERYTHING WILL BE DRUMMED THERE FOR 90 DAYS. CHAIRMAN - ASKED ABOUT THE WELLS AT THE POST OFFICE. VALERIE MILLER - THEY ARE NOT OUR WELLS, BUT THEY ARE 30', ONE WELL IS ABOUT 60' THE HEALTH DEPARTMENT GETS QUARTERLY REPORTS FROM US. IF NOTHING COMES UP, THEN THE WELL IS ABANDONED. DAVID LANG - QUESTIONED WHAT IS BEING TREATED? VALERIE MILLER - PETROLEUMS, ETC. ALL WELLS ARE SAMPLED ON A QUARTERLY BASIS. CLAYTON SMALL MOTIONED THAT THE INFORMATION IS SUFFICIENT TO CLOSE THE HEARING AND DAVID LANG SECONDED THE MOTION. ALL IN FAVOR. FOURTH CONTINUED HEARING: 8 THOMAS ROAD HAVE NOT HEARD FROM THE APPLICANT. GLENN TERRY STILL WANTS TO REJECT/DENY THE PROJECT. THE COMMISSION IS TO SEND A LETTER AND INVITE TO THE NEXT MEETING OF JULY 18TH. CLAYTON SMALL MOTIONED TO CONTINUE AND ALSO TO SEND THE LETTER, GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. RECONVENE TO THE REGULAR MEETING: GLENN TERRY MADE THE MOTION AND NANCY LODGE SECONDED THE MOTION. ALL IN FAVOR. REQUEST/DETERMINATION/APPLICABILITY CONTINUED DUNHAMROAD ESSEX COUNTY NEWSPAPERS REPRESENTING, TOMALEXANDER. REFERRED TO THE SITE WALK/JUNE 19TH. ASKED THE COMMISSION TO VOTE ON THE DETERMINATION AND TO CONDITION IT. APPLICANT WILL FILE FOR FUTURE WORK. CLAYTON SMALL MOTIONED FOR A POSITIVE DETERMINATION AND GLENN TERRY SECONDED THE MOTION. THE APPLICANT - IS TO FILE A NOTICE OF INTENT. ALL IN FAVOR. DISCUSSION WITH DENNIS L'ITALIEN RE: HATHAWAY AVENUE. HE IS HERE RE: COMPLAINTS AGAINST THE APPLICANT. APPLICANT SUBMITTED HANDOUTS ANDMARKED IN REDAND CONTINUED TO EXPLAIN ABOUT THE EMERGENCY ACCESS ROAD FOR THE FIRE DEPARTMENT AND IS NOT FILLING IN WETLANDS. IT IS A SECOND MEANS OF ACCESS FOR TRUCKS. HE THEN REFERRED TO THE ORIGINAL ROAD BACK IN 1985. THE COMMISSION IS SATISFIED WITH THE EXPLANATION. ORDER OF CONDITIONS: #5-481 STOP & SHOP/ELLIOTT ST. CLAYTON SMALL MOTIONED FOR STANDARDS, DAVID LANG SECONDED THE MOTION. SPECIAL CONDITION: TO ADD THE MAINTENANCE LETTER DATED MAY 30TH. ALL IN FAVOR. NANCY LODGE IN OPPOSITION. ORDER OF CONDITIONS: #5-482 BASS HAVEN YACHT CLUB MC PHERSON DRIVE CLAYTON SMALL HAS A PROBLEM WITH THE TREES BEING CUT THAT ARE OVERHANGING THE DOCK. THERE ARE SOME CHERRY TREES AND SOME CHESTNUT TREES. JEFF BUNK - STATED THAT HE IS MOVING THE FENCE BACK UP TO DOCK LANE. CHAIRMAN - MENTIONED TO COMPROMISE TO PLANT OTHER TREES ELSEWHERE. AND THAT CLAYTON SMALL COULD MEET WITH JEFF BUNK TO CHECK IT OUT. CLAYTON SMALL - ALSO REFERRED TO THE SALT MARSH AREA. HE HAS CONCERNS WITH THE SALT MARSH BEING POLLUTED RE: PAINTING, CLEANING AND SCRAPING OF BOATS. JEFF BUNK - COULD RESTRICT AN AREA TO CLEANING AND FOR STORAGE. CHAIRMAN - WE COULD ADD CONDITIONS. CLAYTON SMALL - WANTS A SPECIAL CONDITION TO PROTECT THE SALT MARSH AREA. SPECIAL CONDITION: A SIGN SHALL BE ERECTED IN A DESIGNATED AREA NEAR SALT MARSHES AS A "NO PAINT" AREA. WITH THIS, CLAYTON SMALL MOTIONED IN FAVOR AND DAVID LANG SECONDED THE MOTION. ALL IN FAVOR. ORDER OF CONDITIONS: 6 LAKESIDE AVENUE HOUSE ADDITIONS. CLAYTON SMALL MOTIONED FOR STANDARDS, MOTION. ALL IN FAVOR. DAVID LANG SECONDED THE ORDER OF CONDITIONS: #5-496 35 PAINE AVENUE PIER REMOVAL. CLAYTON SMALL MOTIONED FOR COASTAL STANDARDS GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. ORDER OF CONDITIONS: IT CORPORATION 37 TOZEK ROAD MONITORING WELLS. CLAYTON SMALL MOTIONED FOR STANDARDS WITH A SPECIAL CONDITION TO REMOVE THE DRUMS WITHIN A 90-DAY PERIOD. TONY PALUZZI SECONDED THE MOTION. ALL IN FAVOR. ORDER OF CONDITIONS: 39 CRESCENT AVENUE PIER REPAIR. DAVID LANG MOTIONED FOR COASTAL STANDARDS, GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. COMMUNICATIONS DAVID LANG - RE: THE BY-LAWS AND THE CITY COUNCIL. DAVID LANG COULD WORD THE BY-LAWS IN A WAY AS TO MAKE IT MORE EXPLICABLE BEFORE THE HEARING IN SEPTEMBER. ADJOURNMENT AT 9:45 P.M. NANCY LODGE MADE SECONDED THE MOTION. MARIE S. COTREAU/CLERK THE MOTION TO ADJOURN AND TONY PALUZZI ALL IN FAVOR.