2001-08-25
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: August 25, 2001
BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Jay Donnelly,
Richard Benevento, Patricia Grimes and Dr. Mayo Johnson
BOARD MEMBERS ABSENT: Richard Benevento, Jon Mazuy
OTHERS PRESENT:
RECORDER: Jeannine Dion
Chairman Lang calls the meeting to order at 9:00 a.m.
The Commission members use the Town of Rowley’s Wetlands Protection Bylaw as a guide.
There is discussion about the Bylaw not passing in Rowley and Lang recommends contacting the
Conservation Commission in Rowley to find out why it did not pass.
The group discussed the following changes to the Wetlands Protection Bylaw:
I.1 Purpose
“The purpose of this
A new paragraph was written at the first meeting as follows:
ordinance is to provide more protection to the wetland resource areas of the City of
Beverly than is already granted by the Wetlands Protection Act M.G.L. Chapter
131, Section 40 and the Regulations 310 CMR 10.00. It is intended to be more
protective than the existing regulations and therefore more beneficial to the specific
needs and values of this community. It would provide the Conservation
Commission more authority to regulate activities that might have a harmful affect
on the following important interests: public or private water supply, groundwater,
flood control, erosion and sedimentation control, storm damage prevention, water
pollution control, fisheries, shellfish, wildlife and rare species habitat, agriculture,
aquaculture and recreation.”
I.2 Jurisdiction
any vernal pool”
2) Change to the following: “
“any bank, beach, fresh or salt water marsh, wet
4) Change to the following:
meadow, bog, or swamp”
“coastal?”
9) Add
“any ocean?”
10) Add (Notation from the first meeting)
Conservation Commission Meeting Minutes
August 25, 2001
Page 2
“The following water bodies and contiguous 200-foot zones
Delete the paragraph 3 -
on either side of the water body in Rowley have been identified by the Commission
as riverfront areas: XXXXXX Brook, …”
. (Notation from the first meeting)
“The wetland resource areas listed in 1-8 above may
Revise paragraph 4 as follows:
also be protected under the Massachusetts Wetlands Protection Act. M.G.L.
Chapter 131, Section 40 (“the Act”) and its accompanying regulations 310 CMR
10.00.”
Members agree to discuss this paragraph further at a future date.
I.3 Exemptions
“Maintenance, repair, or replacement, without substantial
Revised #2 as follows:
change or enlargement, of existing and lawfully located structures or facilities used
in the service of the public and used to provide electric, gas, water distribution,
telephone, or other telecommunication services to the public; or”
“Normal maintenance of land in active agricultural use, as
Revise #3 as follows:
defined in the Commission’s regulations (Section II); or”
“All appropriate measures should be undertaken to prevent
Add #5 as follows:
damage to any resource areas that would have a detrimental affect on the interest of
the Bylaw and the Act.”
I.4 Applications to Perform Work and Information Required
“Upon receipt of a permit application or RFD,
Add the following to the end of I.4:
the Commission is authorized to require the applicant to pay with a reasonable cost
determined by the Commission (not to exceed 0.5% or $5,000) for specific expert
engineering and other consultant services deemed necessary by the Commission to
finalize the decision on the application.”
I.5 Hearings
C) Proof
: “Any filing fees and review fees are non-refundable.”
Add the following
D) Continuances
: “Any application that expires would require refiling of the
Add #3 as follows
Notice of Intent.”
Conservation Commission Meeting Minutes
August 25, 2001
Page 3
I.6 Orders and Decision
C) Duration of Orders:
“No activity governed by an Order of
Edit paragraph #2 as follows:
Conditions shall be performed unless and until all permits, approvals, and
variances required by the Bylaws of the Town shall have been obtained, such
Order of Conditions or notification shall have been recorded or registered
and all applicable appeal periods have expired. The Commission shall have
the right to record or register its Order of Conditions with said registry or
Registry District. No work shall proceed until proof is provided that the
Order of Conditions has been properly recorded at the Registry of Deeds.
In the event that an Order of Conditions issued pursuant to this bylaw is
identical to a final Order of Conditions issued pursuant to the provisions of
MGL Chapter 131, Section 40, only one such order need be recorded or
registered.”
D) Modifications, Amendments, Revocations:
: “The Commission shall have the authority …”
Edit paragraph as follows
I.7 Certificates of Compliance
No changes.
I.8 Responsibility for Compliance
I.10“Responsibility for Compliance After
Move this section to and change the title to
Ownership Transfers”
I.9 Rules and Regulations
I.8
Change to
Conservation Commission Meeting Minutes
August 25, 2001
Page 4
I.10 Enforcement, Investigations & Violations
I.9, and
Change to
Violation Penalty/Violation/Day
Alteration of any wetland resource area
identified in Section I.2 of this Bylaw: $100
Violation of any Order of Conditions: $100
Depositing any refuse, debris, yard waste in a wetland or water body $100
Depositing any construction material in a wetland or water body $500
Alteration of any stream or water body: $100
Violation of any section of this Bylaw that occurs in the
Watershed Overlay District $200
I.11 Consultant Services Account
Delete this entire section
I.12 Captions and Severability
Change to I.11
Make the following global changes to the document:
·
Change Town to City
·
Change Rowley to Beverly
·
Change Bylaw to Ordinance
·
Change Board of Selectmen to City Council
·
Change Town Counsel to City Solicitor
Johnson moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries.
The meeting adjourns at 11:00 a.m.