2003-09-30
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: September 30, 2003
BOARD MEMBERS PRESENT: David Lang, (Chairman), Tony Paluzzi (Vice Chairman),
Linda Goodenough, Dr. Mayo Johnson, Eileen Duff,
William Squibb and Ian Hayes
BOARD MEMBERS ABSENT:
OTHERS PRESENT: Amy Maxner, Conservation Agent
RECORDER: Jeannine Dion
Lang calls the meeting to order at 7:00 p.m.
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 6 Chanticleer Drive – landscape activities – Douglas and Susan Kline
Maxner reads the legal notice and provides photos of the site.
The applicant, Mr. Kline, explains that he is proposing to conduct landscaping activities within the
Buffer Zone to Bordering Vegetated Wetland and Riverfront Area to Chubb Brook. Portions of
the activity will be occurring within the 25-Foot No Disturbance Zone to a wetland replication
area located at the easterly corner of the lot. The replication area was part of the subdivision
settlement plan. He states he would like to improve the privacy of the backyard.
Hayes asks if Mr. Kline would consider planting native plants. Kline responds that he would be
open to suggestions. Hayes provides suggestions for Mr. Kline’s landscaper to review.
Lang states there is a no cut zone established by the subdivision settlement. Kline responds that
he will work around it.
Paluzzi moves to issue a Negative #3 Determination with the following conditions:
1) The applicant must provide a planting plan with native species for the Conservation
Commission’s review,
2) It is the applicant’s responsibility to comply with the 20-foot no cut zone as part of the
Subdivision Settlement Plan.
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September 30, 2003
Page 2
The motion is seconded by Goodenough. All members are in favor. Motion carries 7-0.
New: 107 Grover Street – construct 8 foot by 24 foot garage addition and installation of in-
ground pool with retaining wall – Kellie O’Donnell
Maxner reads the legal notice.
The applicant, Kellie O’Donnell, explains she is proposing to construct an in-ground pool and an
addition to the north side of existing garage in the Buffer Zone to a pond and Bordering
Vegetated Wetland. The pool will entail the construction of a 4–foot high retaining wall, which
will be approximately 85 feet from the bank of the pond. The addition is approximately 192
square feet and would be no closer to the resource area than the existing garage.
Maxner states she visited the site and determined that the BVW is closer to the house than she
thought. It is approximately 30 feet to where the existing deck is now. The pool would be in the
25-foot no-disturb area and the determination would be a positive determination.
Maxner provides photos for Commission members to review.
Hurlburt states the Commission can issue a Negative #3 Determination for the garage with the
condition prohibiting construction of the pool until the applicant comes back before the
Commission with a Notice of Intent and has received a valid Order of Conditions. As a result the
applicant would be able to move forward with the garage.
Lang states the Commission can issue a Negative Determination for the garage addition and state
that the applicant cannot go forward with the pool until a Notice of Intent is filed and an Order is
issued for the pool.
Duff states that she would like to conduct a site inspection in order to become more familiar with
the site and discuss possible options that Ms. O’Donnell could pursue. A site visit is scheduled
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for Saturday October 18 at 8:30 a.m.
Paluzzi moves to issue a Negative #3 Determination for the garage addition with the condition
that there be no construction of the pool until the applicant comes back before the Commission
with a Notice of Intent for the pool, seconded by Duff. All members are in favor. Motion carries
7-0.
New: 950 Cummings Center/201 Elliott Street – construct 3-story steel and concrete office
building – Beverly Commerce Park, Inc.
Maxner reads the legal notice.
The applicant is proposing to construct a three-story office building in Riverfront Area to Bass
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September 30, 2003
Page 3
River located across the street. The proposed 17,920 square foot building will be approximately
107 feet from the Mean Annual High Water Line at its closest point. The area where the building
will be sited is an existing paved parking lot.
Gerry McSweeney, the General Manager of the Cummings Center provides an overview of the
project.
Duff asks when the project will start. McSweeney responds that it will start in 1 ½ to 3 years.
There is no rush to build it right now and he expects a rather long Chapter 91 process.
Paluzzi asks if there will be building in the flood zone. McSweeney responds ‘yes’.
Squibb asks if the water will be filtered off the roof. McSweeney responds that it will be filtered.
Renee Mary, 274 Hale Street asks if there will be a site walk. Lang responds that he is not
inclined to schedule a site visit because everyone is very familiar with the property.
Lang asks if calculations have been determined regarding volume of runoff from the roof versus
what is there now and anticipated flow rates to the Bass River. Mike Paskavage, the engineer,
responds that he has not looked at velocity rates but that the roof surface volume is slightly less
than the parking lot.
Dr. Johnson moves to issue a Negative #3 Determination, seconded by Paluzzi. All members are
in favor. Motion carries 7-0.
Paluzzi moves to recess for public hearings, seconded by Squibb. All members are in favor.
Motion carries 7-0.
CERTIFICATE OF COMPLIANCE
New: 19 Riverview Street – DEP File #5-804 – Ann Sonnichsen
Maxner explains that the project involved the connection of the home to the city sewer line at the
street as well as abandonment of cesspool/septic tank in Riverfront Area to the Bass River.
The contractor, William McGrath provides an overview of the project. He states that most of the
excavation was performed by hand due to the steep slope leading to the house. He states he did
not find other outlets or old sewer structures.
Paluzzi moves to issue a Certificate of Compliance for 19 Riverview Street, seconded by
Goodenough. All members are in favor. Motion carries 7-0.
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September 30, 2003
Page 4
NOTICE OF INTENT
Cont: 2 Boyles Street – construct roads, site grading, drainage, and utilities for subdivision
and construct five single family homes – Manor Homes at Whitehall
(Hayes recuses himself from this portion of the meeting and leaves the room.)
The project involves the construction of roadways, site grading, drainage structures, utilities
installation and construction of 5 single-family homes as part of a 28-lot subdivision.
Bill Manuel and Bob Griffin appear on behalf of the applicant.
Manuel states there was a site walk on September 28, 2003. He received comments from abutters
but has not prepared a response yet. He states that the suggestions regarding the replication area
would not comply with the DEP performance standards. He explains that the grading was
minimized to the greatest extent possible.
Lang asks if any changes were made to the plan. Manuel responds that no changes have been
made.
Paluzzi asks if the salamander crossing will be included on the plan. Manuel responds that two
such crossings have been included in the plan.
Lang asks about the uncertified vernal pool at Flags A17. Manuel responds that he and others
observed this area at the time Wetland B was being investigated for certification and it did not
hold any significant amount of water that would support a Vernal Pool.
Dr. Johnson states his main concern is the vernal pool and the area around the vernal pool (vernal
pool habitat), which must be protected to provide shade to the pools so it does no get overheated
that it cannot serve its purpose. He is also concerned about the salamander route and
recommends that a biologist look at the pool and determine what route the amphibians take and
how much habitat they need.
Manuel responds that there is not direct alteration to the pool itself and the canopy within the
vernal pool will remain intact.
Lang states there is a lot of disturbance around Wetland B. Manuel does not disagree.
Dr. Johnson expresses concern about the water coming off the property and the affect it will have
on Brackenberry Beach. Griffin states that the discharge would be treated above and beyond the
storm water standards, and that the runoff discharged to this area is out of the Commission’s
jurisdiction.
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September 30, 2003
Page 5
Lang asks if there are questions from the public.
Joanne Avallone, 17 Boyles Street, a member of the “Friends of Chapman’s Corner” introduces
Attorney Tom Harrington.
Harrington refers to 310 CMR 10.05 (6) and states until the project can meet the stormwater
management standards, the Conservation Commission cannot issue a positive Order of
Conditions. He introduced Peter Shanahan from HydroAnalysis hired by “Friends of Chapman’s
Corner” to present his review of the drainage of the project.
Pete Shanahan provides an overview of his concerns.
·
Wetland A – No culvert. Needs clarification.
·
Wetland B – Detention ponds have a very steep slope (2:1, where in his opinion they
should be 3:1 maximum) and are very close to the wetlands. There is a potential for
sedimentation and erosion and there are no specifications for slope stabilization.
·
Sediment removal systems are not adequate.
·
There is no need to fill parts of Wetland D as there are alternatives to the Eisenhower
extension.
·
Not necessary to cut through Wetland A without allowing hydrologic connection.
·
Additional flow from a new acre of development is being sent down Eisenhower
Avenue not being treated and adding flow to existing catch basins on the Cove School
property.
·
Increase in peak flow on Boyles/Hale Street area, it will be doubled and adding to an
already chronic problem. The flows from these catch basins lead to Brackenberry
Beach, which is an Outstanding Resource Water.
·
No specification regarding the construction sequence.
·
No specification regarding the type of erosion control devices are provided.
·
No specification regarding snow removal and he anticipates Detention Basin #1 being
a convenient place for dumping snow.
·
Operation and Maintenance Plan is vague, who will be responsible for the maintenance
of the detention basins and cleaning of catch basins.
Shanahan states that he concentrated his review on the smaller event storms, as they are much
more frequent and are most often the cause of chronic flooding problems. He also states that it
was difficult to make concrete determinations because the applicant provided no underlying
assumptions of what the stormwater level exists in the basins at the beginning of a storm (i.e is it
empty, or partially flooded).
Shanahan explains that Detention Pond #1 has retention times of minutes and hours for the 2-
Year storm event, and that the DEP calls for a 24-hour period of detention time to meet the
standards. He states that the StormCeptor devices will experience 2,000 gallons per minute and
will only be able to treat a fraction of this flow during the 2-Year event. He states that the
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September 30, 2003
Page 6
detention basins at the north portion of the site were better designed and he saw no major
problems with them.
Michael DeRosa, DeRosa Environmental out of Ipswich, states the salamander tunnels should
follow a specific design and specifications and can be obtained from the Massachusetts Audubon.
He states that the large existing stonewall is a barrier for amphibian movement, which would
further concentrate the creatures movements to the area immediately adjacent to the pool.
Griffin responds to Shanahan and DeRosa’s comments by stating that the stormwater
management for the site has been over-designed and that the StormCeptor devices are not
intended to handle the entire flow associated with the 2-year storm, but only to help treat a
portion of it. He states that cutting off Wetland A by the road crossing was intentional to help
alleviate flooding at properties along Morrison Avenue. He states that he would be willing to
look at alternative designs for salamander crossings.
Maxner asks Manuell if in his experience, or if he was aware of any vernal pools and vernal pool
habitats that have been developed in a similar fashion that have continued to be successful
breeding and wildlife habitat areas after development. Manuell stated that he was not aware of
any and it would be something he would have to research.
Lang states he thinks there are serious issues with the present design, and that as presented a
denial would be likely. He states that the major issues of concern are vernal pools, no disturb
zones, stormwater management and the destruction of habitat.
Goodenough agrees with Lang and states the applicant needs to thinking about the local
Regulations that outline the Commission’s intent in interpreting the Ordinance.
Griffin states he is happy to provide more information. He states that there has been discussion
regarding outside experts, however he would like to get through the process before other experts
are involved.
Dr. Johnson states the Conservation Commission needs the advice of a biologist to discuss the
vernal pool issue, as well as for the stormwater and drainage systems to help as a third party to
arbitrate the differences.
Hurlburt states the Commission has the right to hire outside experts and can ask the applicant to
pay for the study.
Griffin agrees to continue the hearing.
Dr. Johnson moves to continue the public hearing for 2 Boyles Street to October 21, 2003,
seconded by Paluzzi. All members are in favor. Motion carries 6-0.
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September 30, 2003
Page 7
Off Boulder Lane – construct multi-use age-restricted housing development with roads,
utilities – Miles Group, Inc.
The project involves the construction of a multi-unit age restricted housing development and
associated roadways, utilities, drainage structures and landscaping.
Attorney Thomas Alexander states there was a site walk on Saturday, September 27, 2003. The
plan has not changed and is under consideration by the Board of Appeals.
Dr. Johnson expresses concern about the vernal pool and associated habitat and how the
development would effect the migration of the amphibians. He recommends that Commission
retain a biologist.
Goodenough states that the applicant should be aware that the Regulations should be taken into
consideration as they are the Commission’s intent in interpreting the Ordinance.
Rene Mary, 274 Hale Street, asks what the depth of the borings will be. Manuell states that the
borings are exploratory in nature and they are for verification of the substrate conditions to
determine the depth at which the utilities need to be placed.
Lang states that design changes may result from the Board of Appeals process and that this
hearing should be continued in order to allow for possible changes to come to the fore.
Manuell agrees to continue the hearing.
Paluzzi moves to continue the public hearing for Off Boulder Lane to October 21, 2003, seconded
by Goodenough. All members are in favor. Motion carries 7-0.
Cont: 84 West Street, Joseph Leone
Maxner states that the Commission has received a letter from Bill Manuel requesting a
continuance because the applicant is evaluating comments from the recent site visit.
Paluzzi moves to continue the Public Hearing for 84 West Street to October 21, 2003, seconded
by Squibb. All members are in favor. Motion carries 7-0.
Cont: 9, 10, 12 Curtis Point Road – Healey
The project involves pool replacement, deck work, drainage system installation, landscaping and
Coastal Bank stabilization.
Peter Ogren appears on behalf of the applicant. He provides an overview of the project and a
response to the questions asked at the September 27, 2003 site visit (see letter dated September
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September 30, 2003
Page 8
30, 2003). He that the yard drain detail has been added to the plan. He states that in considering
the slope stabilization process, it was determined that going over the lawn would be much more
disruptive that coming from the ocean side using a barge to bring in the rip rap. He states that the
septic system most likely discharged to the ocean, but that the house was connected to city sewer
about two years ago.
Johnson asks if this Coastal Bank is significant to erosion and as a sediment source. Ogren states
that it was not significant as there is very little soil available along the bank.
Squibb asks what if any trees will be removed. Ogren states that the trees with severely exposed
root should be removed, as they are not healthy.
Lang asks if there are any more questions from the Commission. There are none.
Lang asks if there are any questions from the public. There are none.
Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members are in favor. Motion
carries 7-0.
Cont: 4 Quincy Park Avenue – Dellafera
The project involves site improvements including the construction of a two-car garage, removal of
a swimming pool and slate patio and construction of a new deck and slate patio in the Buffer
Zone to Coastal Bank and the 25-Foot No Disturbance zone. There will be a decrease of
impervious surface and structures within the No Disturbance Zone. No work on the sea wall is
proposed, but the applicant would like for the Order of Conditions to allow for future work on
the wall if necessary.
Attorney Robert McCann appears on behalf of the applicant and provides an overview of the
project. He states that the applicants’ request for a variance from the ZBA for the garage was
withdrawn, and therefore, the garage will not be a part of the project.
Lang asks if there are any other questions from the Commission. There are none.
Lang asks if there are questions from the public. There are none.
Johnson moves to close the hearing, seconded by Paluzzi. All members are in favor. Motion
carries 7-0.
Cont: NOI & EO 16 Foster’s Point – MacDougall
(Lang recuses himself from this hearing and leaves the room)
John Dick appears on behalf of the applicant and explains that a pier was illegally constructed at
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September 30, 2003
Page 9
this site and an Enforcement Order was issued. The applicant has a Notice of Intent before the
Commission, and is proposing to maintain the pier and construct a gangway and flats.
Dr. Johnson asks how much Mr. MacDougall has paid for the construction. MacDougall
responds that he has paid $4,000.
Dr. Johnson states he is concerned that the Commission not encourage people to do what Mr.
MacDougall has done. He states that it would do great harm to take the dock out, so he
recommends a fine so others do not circumvent the proper channels.
There is discussion regarding how to determine the fine. Maxner states there are 26 individual
pilings, and that each piling could be considered a violation. She reads from the Wetlands
Ordinance that each violation could be assessed at $100.00 per day per violation. She states that
the pier was constructed within two days and asks members what they think about this approach.
Members agree to assess a $2,600 fine. Dick states that the Commission should take into
consideration that there will be cost to the applicant for planting the sea grass, and that a fine from
the DEP could be assessed as well.
Hayes moves to assess a fine in the amount of $2,600 ($100 per piling) and allow $1,600 to be
applied to the remediation and additional plantings and $1,000.00 to be paid directly to the City of
Beverly, seconded by Duff. All members are in favor. Motion carries 6-0. Maxner states that the
Enforcement Order should not be lifted until the fine is paid. Members agree that the
Enforcement Order will be lifted once the fine is paid.
Goodenough moves to close the hearing, seconded by Dr. Johnson. All members are in favor.
Motion carries 6-0.
New: 8 Patti Road, John Crowell
Maxner reads the legal notice.
The applicant,Mr. Crowell provides an overview of the project. He states that he is proposing to
construct an addition to an existing single-family home in the Buffer Zone to Bordering Vegetated
Wetlands. He explains that the 8-foot by 40-foot addition will be located within an existing patio
area approximately 48 feet from the BVW and therefore will not encroach any further into the
Buffer Zone than existing conditions. He is also proposing to erect a fence to enclose his yard
with a fence, the rear portion of which will be located within the wetland.
Hayes asks if Crowell would consider moving the fence forward and out of the wetlands. Crowell
responds that he and his wife wanted an open view of the back yard and to keep the dog from
running out off the property, but he would agree to moving the fence.
Lang suggests an invisible fence to help keep the dog in the yard.
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September 30, 2003
Page 10
Lang asks if there are any other questions from the Commission. There are none.
Lang asks if there are any questions from the public. There are none.
Dr. Johnson moves to close the hearing, seconded by Duff. All members are in favor. Motion
carries 7-0.
New: 176 Colon Street – Edward Myers
Maxner reads the legal notice.
Mr. Myers, the applicant, provides an overview of the project. He states he is proposing to
construct an addition and patio to an existing single-family home and resurface driveway in the
Buffer Zone to the bank of Kelleher Pond and Bordering vegetated Wetland. The work is
approximately 30-35 feet from the edge of BVW at its closest point.
Maxner states she visited the site and states that Mr. Myers’ measurements are accurate.
Lang asks that the materials be stockpiled on the highest point of the property (i.e. as far out of
the Buffer Zone as possible) or hauled off site.
Paluzzi moves to close the hearing, seconded by Goodenough. All members are in favor. Motion
carries 7-0.
ORDERS OF CONDITIONS
16 Foster’s Point – MacDougall
(Lang recuses himself from this deliberation and leaves the room.)
Goodenough moves to issue the following conditions:
·
The applicant shall replant 1,500 square feet with salt marsh grass.
·
Standard Conservation Commission Conditions
·
The Enforcement Order may not be lifted until the fine is paid.
·
Chapter 91 Determination shall be forwarded to the Commission as soon as it is available.
·
The Conservation Commission reserves the right to reopen the hearing if any issues come
from the Chapter 91 process that it deems necessary to address.
Seconded by Hayes. All members are in favor. Motion carries 6-0.
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September 30, 2003
Page 11
8 Patti Road – John Crowell
Paluzzi moves to issue the following conditions:
·
Standard conditions.
·
The fence shall not be constructed within the wetland
·
The applicant shall notify the Commission if the fence is not constructed.
Seconded by Squibb. All members are in favor. Motion carries 7-0.
New: 176 Colon Street – Edward Myers
Paluzzi moves to issue the following conditions:
·
Standard conditions.
Seconded by Squibb. All members are in favor. Motion carries 7-0.
Cont: 9, 10 & 12 Curtis Point
Paluzzi moves to issue the following conditions:
§ Standard Conditions
what other member opposed??
Seconded by Goodenough. Motion carries 5-2. Johnson and
Cont: 4 Quincy Park
Paluzzi moves to issue the following conditions:
§ Standard Conditions
§ The two-car garage and deck shall not be a part of this project and shall not be
covered under this Order of Conditions.
§ Any future work on the seawall shall come before the Commission under a new
separate Notice of Intent
Seconded by Hayes. All members are in favor. Motion carries 7-0.
OLD/NEW BUSINESS
Cont: Enforcement Order – 431 Hale Street – Landmark School
An Enforcement Order was issued to the Landmark School for illegal cutting of trees on the
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September 30, 2003
Page 12
Coastal Bank.
Mike DeRosa appears on behalf of the Landmark School. He states it is quicker and cleaner to
take care of this under an Enforcement Order. He can have a mitigation plan ready for the
October 21, 2003 meeting. He asks the Commission if Landmark can remove the cut trunks and
debris from the site as the school is holding a function over the weekend and would like clean up
the area.
Dr. Johnson moves to continue, seconded by Squibb. All members are in favor. Motion carries
7-0.
Dr. Johnson moves to allow Landmark to clean the debris and cut trunks from the area. Motion
carries 5-2. Lang and Goodenough opposed.
Paluzzi moves to remove the requirement of filing a Notice of Intent from the Enforcement Order.
All members in favor. Motion carries 7-0.
Cont: 9 Ober Street – Charles Harris
Maxner states that Mr. Harris wrote a letter to the Commission requesting permission to trim
some of the branches on the trees surrounding his pool and wanted to get feed back from the
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members regarding the site visit conducted on September 27.
Lang recommends sending a letter to Mr. Harris with the regulations regarding vista pruning
requesting that he adhere to the Regulations. Maxner reads from the State Regulations the
definition of “vista pruning”, and states that she does not think that the topping of the trees on the
Coastal Bank constitutes “vista pruning” as it appears that he removed more than 90% of the
canopy from the vegetation. Lang asks Maxner to include this information in the letter.
Members discussed Mr. Harris’ request to trim the branches overhanging his pool. Members
agreed that this activity would be allowable.
New: Enforcement Order – 53 Trask Street – Chris Perrault
Maxner explained that she received a call regarding a possible wetlands violation at 53 Trask
Street. Maxner conducted a site visit and observed major excavation of soil and what looked like
removal of trees and vegetation in the Buffer Zone to BVW, as well as some small piles of soil
stockpiled in the wetland resource. She issued an Enforcement Order requesting that the violator
immediately remove the soil from the wetland and install erosion control barriers around the
wetland. She explains that the Commission needs to vote to ratify and sign the EO.
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September 30, 2003
Page 13
Chris Perrault states he plans on moving into the house and wanted to restore the pond to its
original condition.
Maxner advised Mr. Perrault to remove the stockpiled soil out of the wetland and immediately
install hay bales and silt fence to prevent any further erosion.
Lang states the Commission does not want a mess. He recommends developing a plan to
approach this pond restoration and that Mr. Perrault should be aware that the Army Corps of
Engineers may have some jurisdiction over this project.
Mr. Perrault is advised to file a Notice of Intent (NOI) for this project. Maxner will send a NOI
packet and help him through the process.
Paluzzi votes to ratify the Enforcement Order. Seconded by Duff. All members are in favor.
Motion carries 7-0.
3 Birchwoods Drive – Michael & Stephanie Jeppesen
Manxer explains that the Jeppesen’s sent a letter to the Commission regarding expanding their
yard along the side of a storm detention basin.
A site visit is scheduled to take place on Saturday, October 18, 2003 at 9:00 a.m.
45 Beaver Pond Road – Dana & Kevin Lewis
Maxner explains that the applicant is looking to construct a single family home on a subdivided lot
next to an existing single family home which was before the Commission in May of 2000 for an
addition, in-ground pool and driveway reconfiguration. The easterly side of the new lot has a
small portion within the 100-foot Buffer Zone to BVW across the street, and the portion of the
driveway is already covered under the existing Order of Conditions for the existing house.
The members discuss how to proceed.
Lang recommends that the applicant file a RDA and that the limits of the Buffer Zone should be
staked out and clearly marked in the field.
Maxner will notify the Lewis’ that they must file a RDA.
New: Request for Extension – 19 Congress Street
Maxner explains that the applicant has requested an extension to the Order of Conditions for 19
Congress Street, DEP File #5-644, and an engineering report addressing site conditions and
methods and approach to the installation of the foundation has been submitted. She explains that
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September 30, 2003
Page 14
the City Engineer, Frank Killilea has reviewed the report and plan and it has met with his
approval. Maxner states that this will be the last extension the applicant will receive as per the
Ordinance.
Dr. Johnson moves to grant a final one-year extension for 19 Congress Street, seconded by
Paluzzi. All members are in favor. Motion carries 7-0.
New: 13 Landers Drive – Kenneth DeMarco
Maxner explains that she received a call from the Building Department regarding the construction
of a barn in the Buffer Zone to a pond at 13 Landers Drive. She conducted a site visit and took
photographs of the area for members to review. Mr. DeMarco began excavation for the
foundation without a permit from the Commission, and Maxner explained the process to him and
directed him to stop all work until the Commission had a chance to further advise him on how to
proceed.
Lang asks how far is the barn from the resource area. Maxner stated that is was approximately 50
feet from the bank of the pond.
Lang stated that Mr. DeMarco should file a Notice of Intent for this project. All members agreed
that this was the most appropriate approach.
Shaw’s Supermarket
Maxner explains that the lighting plan for the Shaw’s renovations has changed slightly and a lamp
post is going to be added to the northerly entrance, a portion of which is in the Buffer Zone.
Maxner wanted to keep the Commission informed of any changes however small.
Discussion Regarding Fly Ash – Agreement Document
Goodenough states she has concerns about the agreement document and is frustrated that the land
is under the Conservation Commission’s care and custody and the City Council made the decision
about the land without consulting the Commission.
Hurlburt states the meeting was a public hearing in the Council Chamber where it was a majority
vote that the land be turned into playing fields. She states the Commission is no longer in the
position to negotiate the mitigation. It is the Mayor’s office position to do that. When the board
made the decision to make it allowable and Goodenough was supportive of the idea. She does
not understand what Goodenough wants to oversee.
Hurlburt states she wants to talk about the e-mails that were started that were submitted to the
Commission members. This administration had training sessions to educate all Boards and
Commissions that this is not allowable and is a violation of the Open Meeting Law. She states
Goodenough e-mailed people which constitutes a violation. From this point on, that cannot
Conservation Commission Meeting Minutes
September 30, 2003
Page 15
happen because it is a violation of the Open Meeting Law. Any information presented to the
Commission, needs to be done in a public forum so that everybody can discuss it.
Goodenough disagrees with Hurlburt regarding her interpretation of the Open Meeting Law.
Hurlburt states that this is the interpretation of the City Solicitor’s office as Peter Gilmore is the
City’s legal counsel.
There is discussion regarding the safeguards for the activity and use limitations set forth by the
DEP.
Members agreed that this matter will be discussed further at subsequent meetings if need be.
APPROVAL OF MINUTES
Goodenough moves to approve the minutes of July 15, 2003 as written, seconded by Paluzzi. All
members are in favor. Motion carries 7-0.
ADJOURNEMENT
Paluzzi moves to adjourn, seconded by Dr. Johnson. All members in favor. Motion carries 7-0.
The meeting is adjourned at 11:25 p.m.