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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.