2003-10-21
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: October 21, 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, Deb Hurlburt, Director,
Planning Department
RECORDER: Jeannine Dion (by tape)
Lang calls the meeting to order at 7:00 p.m.
Request for Determination of Applicability
New: 45 Beaver Pond Road – construction single family home – Martins Const. Co.
Ann Spier from Martins Construction Company presents for the applicant and explains that a
single-family home is proposed, and most of the construction is out of the Buffer Zone to
Bordering Vegetated Wetlands located across the street. The only activities within the Buffer
Zone is a portion of the driveway leading to the house. She states that there are no other
activities proposed in the Buffer Zone and that the limits of the Buffer are staked with hay bales
and silt fence to avoid any sedimentation. Maxner stated that she has visited the site and the
erosion control indeed clearly marks the limits of the Buffer and they have been installed properly.
Paluzzi asks if there will be any trees removed from the Buffer Zone. Spier states no vegetation
will be disturbed or cut in that area.
Paluzzi asks is there will be any stockpiling of soil or other material in the Buffer Zone. Spier
states that there will be no stockpiling of any material in that area, and adds that the hay bales will
act as a limit of work for the on-site crew.
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.
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October 21, 2003
Page 2
Paluzzi moves to issue a Negative #3 Determination. Seconded by Duff. All in favor. Motion
carries 7-0.
Recess for Public Hearing
Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries
7-0.
Certificate of Compliance
New: Beverly Harbor, DEP File #5-745 – Alongquin Gas Transmission Company
Dennis Blais and George McLachlan present for the applicant. McLachlan explains that this
request for Certificate of Compliance is for work performed during the exploratory borings and
geotechnical investigations evaluating the sea floor sediments and terrain.
There is a short discussion of the overall project and the present status of its progress.
Paluzzi moves to issue a Certificate of Compliance for the completion of the exploratory borings
and geotechnical investigations performed during August and September of 2001. Seconded by
Johnson. All in favor. Motion carries 7-0.
New: 167 West Street, DEP File #5-744 – Wendy Drinkwater
Maxner states that she has visited the site on two occasions to observe the wetland replication
areas and the general site conditions. She states that Ms. Drinkwater has been very conscientious
in keeping her abreast of the project’s progress. Maxner has observed that the replication area is
thriving and there is vigorous growth of numerous wetland shrubs, bushes and herbaceous plants
and hands out photographs provided by Ms. Drinkwater. She explains that Ms. Drinkwater
planted several evergreen trees as called out on the replication plan, but that they were not
thriving in the wetland area and so she uprooted them and planted them in an upland area of her
lawn. She stated that they eventually died off, and Ms. Drinkwater sent some root samples of
these dead trees to the UMASS Forestry Division to have them analyzed. UMASS determined
that these trees’ roots were waterlogged and were not suited for such inundated conditions found
in the replication area.
Maxner explained that the pool has been constructed in accordance with the latest plan which
moved it closer to the house and away from a steep drop off of the seawall. The disturbed soil
has been loamed and seeded and landscaping has been completed.
Lang states that it seems that Ms. Drinkwater has made great efforts to comply with the Order of
Conditions.
Paluzzi moves to issue a Certificate of Compliance for work completed at 167 West Street.
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October 21, 2003
Page 3
Seconded by Hayes. All in favor. Motion carries 7-0.
Notice of Intent
Cont: Off Boulder Lane – construct multi-use age-restricted housing development with
roads, utilities – Miles Group, Inc.
Maxner reads a letter from William Manuell requesting a continuance of the public hearing to the
December 9, 2003 meeting.
th
Paluzzi moves to continue the hearing to the December 9 meeting. Seconded by Johnson. All in
favor. Motion carries 7-0.
84 West Street – remove existing garage, construct garage and in-ground pool – Joseph
Leone
William Manuell and Robert Griffin present for the applicant. Manuell explains that based on
feedback from the Commission and abutters, the following changes have been made:
·
Land subject to coastal storm flowage has been re-characterized as inland bordering land
subject to flooding;
·
The in-ground pool and concrete decking has been eliminated in favor or an outdoor spa;
·
The garage has been rotated and driveway has been reconfigured to avoid the elevation 10
contour;
·
Grading that extended into the backyard has been eliminated;
·
Only one large silver maple will be removed as it sits in the footprint of the garage;
·
The spa will involve the filling of 100 square feet of bordering land subject to flooding, but
470 square feet of compensatory storage is proposed as mitigation.
These changes result in approximately 700 square feet of impact over the 5,000 square foot
disturbance threshold outlined in the 310 CMR, but the riparian replanting area provides
approximately 1200 square feet of mitigation (or 1 : 1.5) for this encroachment. Mr. Manuell
suggests that the Commission establish a special condition requiring that the compensatory
storage area be created and certified by a professional prior to any other portion of the project
commencing.
Hayes states the water is the issue and it is exacerbated because of the close interrelationship
between the surface and groundwater.
Lang asks if the compensatory flood storage is situated below elevation 10. Griffin states that is
correct.
Paluzzi asks if the present elevations on the site will remain the same. Griffin states that is
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October 21, 2003
Page 4
correct, except for a small area near the outdoor spa, which is being compensated for.
Manuell states that Mr. Leone has come a long way and has made many improvements. He states
the area is a very sensitive area but would ask the Conservation Commission to give serious
consideration to anything going inside the inner 100-foot riparian zone to Chubbs Brook.
Peter Ogren, Hayes Engineering states he has been retained by Mr. Smallhorn and other neighbors
to take a look at this proposed project. He hands out a series of photographs of the Smallhorn
and Leone properties depicting flooding from recent rain fall events. He provides following
comments to determine if the project is in compliance:
·
The pictures raise the issue as to whether elevation 10 is the appropriate issue. He agrees
with Bill Manuell that the presumption is that the Bordering Land Subject to Flooding is
the FEMA elevation. Observation can be utilized to determine flood elevation, and it
could be that the FEMA map is in error. He has looked at the photos and the site and it is
his intention to do levels to determine if elevation 10 is the appropriate elevation;
·
He would like to have an opportunity to look at the test holes and the groundwater tables;
·
Ogren questions whether the garage is entitled to grandfathering in the Act that says you
can build an accessory structure on the lawn area. The DEP hasn’t reviewed it that way,
and has maintained that it is not accessory. He understands that the DEP interprets it that
you can do a replication (one for one replication) for all of the disturbed area within the
inner riparian zone. Ogren questions why it was not considered in the alternatives analysis
that the garage be moved up a little closer to the house to get out of the first 100 feet.
Maxner asks what the total square footage of disturbance within the inner riparian zone. Manuell
responds that he does not have the exact numbers but it is a minimal area.
Paluzzi asks that the area of disturbance in the 100-foot buffer zone be provided for the next
meeting.
Squibb asks what the composition of the driveway is. Manuell states it is presently paved and it is
proposed to be paved.
There is discussion regarding the area where Chubbs Brook crosses Beach Street. Griffin states
there is a crossing and two large culverts at Beach Street. He states one of the culverts is full of
debris and sediment, and there is probably less effective capacity of the culverts because they have
not been maintained in a number of years. He states if there has been any flooding in recent years
showing up in photographs, it has been worsened by the condition of the culverts. Lang responds
that he finds that hard to believe just looking at the flood maps.
Maxner asks if any consideration has given to the material used for the driveway and if it is
impervious material, how does it impact the drainage. Griffin states it is something that could be
reconsidered.
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October 21, 2003
Page 5
Johnson states that he would like the opportunity to view the site one more time in light of these
changes to the plan.
Paluzzi moves to continue the hearing to November 18, 2003 at 7:00 p.m., seconded by Duff. All
members are in favor. Motion carries 7-0. A site visit is scheduled for Saturday, November 15,
2003 at 8:30 p.m.
Cont: 2 Boyles Street – construct roads, site grading, drainage, and utilities for subdivision
and construct five single-family homes – Manor Homes at Whitehall
Ian Hayes recuses himself from this hearing and leaves the room.
Robert Griffin presents for the applicant, and explains that 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. At the last meeting, members determined it prudent to hire
independent consultants to review the drainage and storm water design and evaluate the impacts
of the development on Vernal Pool and wildlife habitat.
Hurlburt states that on the September 30, 2003 meeting the Commission approved hiring
independent consultants for a wildlife habitat study and review of the drainage analysis. The
Commission indicated at that meeting that it would be interested in names from anyone to aid the
Commission in trying to achieve that goal. One name was highly recommended that the
Commission was hoping to retain but before the Commission could do that, the developer had
chosen to hire them. She then had to find three additional names to choose from. The name of
the first consultant was Brian Butler of Oxbow Associates.
Lang asks Griffin if the applicant has retained Brian Butler. Griffin responds that Brian Butler has
been retained because he has special expertise in vernal pools. The applicant did not intend to
upset anybody by retaining Brian Butler. He states he recalls that two names were suggested by
the public at that meeting.
Hurlburt states the Planning Department was not aware that the applicant was going to hire
someone so it came as a shock that they hired a vernal pool specialist. Maxner has contacted
three other organizations, submitted a scope of work and received quotes back. The Planning
Department is reviewing the responses.
Hurlburt states that late this afternoon a fax came in from Griffin Engineering, which Maxner did
not see until 6:30 this evening. Hurlburt made copies and distributed the letter for members to
review. Hurlburt states that at the last Conservation Commission meeting it was abundantly clear
that the Commission wanted an independent review of the drainage survey that was conducted.
Only the Planning Board has gone out for bids on their own and they are utilizing Camp, Dresser
& McKee.
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October 21, 2003
Page 6
Griffin states that he felt it unfair of the Commission to require a third expert to review the
drainage, as his client is already paying for Planning Board review by Camp Dresser & McKee.
Hurlburt states she read the letter several times and pulled out the Ordinance that has been in
placed for over a year and a half and reads it for the record: “Upon receipt of a common
application or RFD for complex projects such as subdivisions, the Commission is authorized to
require the applicant to pay a reasonable cost determined by the Commission, not to exceed
0.5% of $5,000 for specific expert engineering and other consultant services deemed necessary
by the Commission to finalize a decision on the application. Any unused portion will be returned
to the applicant.”
Lang states the applicant does not need to participate in the procurement process. The
Commission does not need the applicant’s help in choosing qualified independent experts.
Griffin states that there was agreement at the last meeting that there would be a discussion
regarding the names and rates of the consultants. His recollection of the drainage discussion was
that the Commission expressed a concern that Camp, Dresser & McKee might have the
calculations assigned to a very young and less experienced engineer. He disagrees and does not
think the applicant should have to pay to have a second company reviewing the same drainage
calculations.
Lang states the Commission wished to retain an independent reviewer for the drainage, and
intends to do so.
Lang asks if there are any questions from the public. Joanne Avallon, 13 Boyles Street, states that
she conducted a site visit with Michael DeRosa at 13 Eisenhower Avenue to investigate a
potential Vernal Pool on this property. She submits that the applicant should be required to flag
this wetland and depict it and its Buffer Zone on the plan. Griffin asks if the property owner
would provide permission for this. The property owner, Edward Doherty, states that he is would
grant permission for anyone to enter his property to investigate this area. Manuell agrees that he
will flag this wetland area.
Paluzzi moves to continue the hearing to the November 18, 2003 meeting, pending the review of
the Commission’s independent expert review reports for the Vernal Pool habitat and drainage.
Seconded by Johnson. All in favor. Motion carries 6-0.
Griffin agrees to the continuance on behalf of the applicant.
Hayes returns to the meeting.
New: 261 Hart Street – landscaping and grading activities – Hilary Gabrieli
Maxner reads the legal notice.
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October 21, 2003
Page 7
Mary Rimmer, Rimmer Environmental, provides an overview of the project, and explains that the
applicant proposes to perform grading and landscaping activities within the Buffer Zone and 25-
Foot No-Disturbance Zone to an Isolated Vegetated Wetland. She states that historically, the
area immediately adjacent to the wetland was used as a dumping area for composting yard waste
and has resulted in a very large mound with steep slopes on the wetland side. The applicant
proposes to remove the dumped material and regrade the slope along the southerly edge of the
wetland and replant the area with native wetland plants to improve wildlife habitat value. She
explains that a small grove of Norway Maple saplings will be removed and a lawn area will be
maintained in replacement.
Maxner states she visited the site and she provides photos for members to review.
Lang asks if there are questions from the Commission.
Dr. Johnson asks Maxner if this satisfies the waiver requirements for the 25-foot No-Disturb Zone
performance standard. Maxner responds the applicant must show that there are no practicable
alternatives to the proposal and there will be no adverse impacts on any of the interest of the
Ordinance and the project will improve the natural capacity of the resource area to protect the
interests. Rimmer states that the alternative would be to do nothing, which would not serve to
protect the interests of the Ordinance. Maxner states that it is very unlikely that the natural or
consequential effects of the project will have adverse impacts on the resource area, if anything it
will improve present conditions. She adds that the project will indeed improve the resource area’s
ability to provide valuable wildlife habitat as well as erosion control and pollution prevention
capabilities. Commission members concurred with this evaluation.
Roselyn Stone, abutter expresses concern about a large area on Hart Street that pools with water
and asks if this will exacerbate the problem. Rimmer responds that drainage will not be changed
and no impervious surface will be added to the site.
A member of the public asks about spotted salamanders in the area. Rimmer responds that she
refers to the Natural Heritage Atlas, which does not indicate Vernal Pool habitat in this area, and
that she has not seen anything and does not think the project will adverse impact anything in the
area.
Lang states if the area in question is a Vernal Pool, it can be certified after the fact. He states the
applicant is trying to enhance the area for habitat. The Commission could make it a condition of
approval that the applicant to determine if it is a vernal pool in the spring.
Lang asks if there are further questions from members of the public. There are none.
Duff moves to close the hearing, seconded by Johnson. All members are in favor. Motion carries
7-0.
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October 21, 2003
Page 8
New: 3 Iverson Road – construct addition to house – Peter and Barbara Trowt
(Lang recuses himself from this portion of the meeting and leaves the room.)
Maxner reads the legal notice.
The applicant, Peter Trowt, provides an overview of the project and explains that he is proposing
to construct an addition to an existing single-family home and remove an existing garage in
Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. The 680 square foot addition
will have a full basement and an existing garage and supporting concrete slab will be removed and
not replaced. The new addition will be approximately 50 feet from the river at its closest point.
Maxner states she visited the site and provides photos of the backyard for members to review.
Squibb asks if the contractor will be stockpiling any soil or material in the yard. Trowt responds
that there will be no stockpiling of materials and they will be immediately removed from the site.
Paluzzi asks if there are questions from members of the public. There are none.
Squibb moves to close the hearing, seconded by Hayes. All members are in favor. Motion carries
6-0.
(Lang returns to the meeting room.)
New: 13 Landers Drive, Kenneth DeMarco
Maxner reads the legal notice.
The applicant, Kenneth DeMarco, presents an overview of the project and explains he is
proposing to construct a 22-foot by 40-foot barn in the Buffer Zone to a small strip of Bordering
Vegetated Wetland and bank of a pond. The barn is approximately 50 feet from the bank at its
closest point.
Duff states that it is her understanding that excavation had already begun without a permit from
the Conservation Commission, and that this concerns her. DeMarco states that he was provided a
building permit from the Building Department and he thought that he was all set until the Building
Inspector came to his house stating that he was unaware there was a pond on his property. The
Building Inspector contacted Maxner and she conducted a site visit and directed him to stop work
and file with the Commission.
Squibb asks about the 5-foot wide right of way shown on the plan. DeMarco is aware of the right
of way, but does not believe his project interferes with this.
Lang asks if there are any questions from the public. Kathy Gilligan, 15 Landers Drive, expresses
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October 21, 2003
Page 9
her concern about the health of the pond and what activities will be conducted in this barn, as she
is concerned if cars and boats that leak oil will be stored in it.
Lang asks if there are any zoning issues. DeMarco states that he is unaware of any issues to that
effect.
William Shea, 15 Lander Drive, is concerned about the eventual usage of the barn and what
would the impacts be to the pond in the future.
Lang states that a drain or sump pump may be a requirement for the approval of this project in
order that any gasoline or oil be intercepted and removed before it reaches soil. DeMarco stated
he was thinking of pitching the concrete slab foundation towards the middle and have a catch
basin in the middle.
Duff states that she would like to view the site before the Commission makes any decisions.
Paluzzi moves to continue the hearing to the November 18, 2003 meeting pending a site visit
scheduled for Saturday, November 15, 2003 at 9:00 a.m. Seconded by Squibb. All in favor.
Motion carries 7-0.
Lot B, Off Haskell Street (AMG Lot), Frank Romano
Peter Ogren of Hayes Engineering provides an overview of the project and explains the applicant
is proposing to construct a single family home and associated appurtenances in the Buffer Zone to
Bordering and Isolated Vegetated Wetlands.
Lang states that there is suspicion that the IVW may be a Vernal Pool and this would need to be
looked at more closely. Duff agreed and suggests that a site visit is appropriate.
Lang asks if there are any questions from the public. A resident of 40 Haskell Street states that
the drainage in the area is a major problem and the area of the proposed driveway experiences
significant flooding after rain events, and this does not seem to be adequately addressed.
Ann Marie Nehme, 10 Webster Street, states that she represents her fellow neighborhood
residents and proceeded to explain their collective observations over the years of this area. She
provided photo documentation of various species of wildlife, including blue and yellow spotted
salamanders, wood frogs and snakes found in their back yards and in the wetlands of this site.
She pointed out that there are four certified Vernal Pools in the immediate vicinity of this site,
most of which are located on the larger AMG property. She contends that there is a whole
system of Vernal Pools and Vernal Pool habitat in this area, and very loud spring peeper
chorusing can be heard in the immediate area of their homes and on the subject site. She provides
a written summary of her presentation with maps and photographs for each Commission member
to review.
Lang asks if there are any more questions from the public or the Commission. There are none.
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October 21, 2003
Page 10
Dr. Johnson moves to continue the hearing to the November 18, 2003 meeting pending a site visit
scheduled for Saturday, November 15, 2003 at 90:30 a.m. Seconded by Squibb. All members
are in favor. Motion carries 7-0. The applicant agreed to the continuance.
The Commission requested that the roadway and the house be staked out. Ogren agreed to have
these areas staked.
Orders of Conditions
New: 261 Hart Street
Paluzzi moves to issue the following conditions:
1. Standard Conditions.
2. The applicant shall conduct a vernal pool analysis in the spring.
Seconded by Goodenough. All members are in favor. Motion carries 7-0.
New: 3 Iverson Road – construct addition to house – Peter and Barbara Trowt
(Lang recuses himself from this discussion.)
Paluzzi moves to issue the following conditions:
1. Standard Conditions.
Seconded by Dr. Johnson. All members are in favor. Motion carries 6-0.
Old/New Business
New: Request for Modification to DEP File #5-808 – 143 West Street – Dan Carnevale
Richard Albano appears on behalf of Dan Carnevale, and explains the applicant is proposing to
increase the size, and shift the location of the proposed house. He states that the Carnevale’s
obtained a small portion of land from an abutter along with a view easement, which will
experience landscaping activities similar to the rest of the site. Utility connections and anticipated
sewer connections have been added to the plan.
Albano states the applicant is requesting a minor modification. He provides an overview of the
project and the mitigation plan.
Dr. Johnson states there seems to be cutting of trees in the 25-foot no cut zone to the seawall.
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October 21, 2003
Page 11
Paluzzi asks about the marked trees on the property. Mr. Carnevale responds there is nothing
different than what the Commission has already seen on the site. Albano explains that the trees
that will be removed from this newly acquired land were already tagged for removal at the time of
the site visit conducted by the Commission. He states that the Commission has already approved
this portion of the project.
Goodenough moves to issue a Minor Modification contingent upon the applicant providing the
Conservation Commission with a detailed landscape planting plan. Seconded by Paluzzi. Lang
opposed. Motion carries 6-1.
Cont: Tall Tree Drive, DEP File #5-760, Tom Carnevale
Attorney Thomas Alexander presents for the applicant and states he has submitted a letter to the
Zoning Board of Appeals regarding the Tall Tree lot that is under appeal. The applicant has made
the house smaller and is asking for a variance for which he is seeking the Commission’s support.
Attorney Alexander states the applicant originally started with the house on the right side of the
stream, which was denied by the Commission. The applicant appealed to DEP for a Superseding
Order of Condintions and DEP requested that the applicant request a variance to try to pull it out
of the wetlands somewhat. The applicant complied and was looking for a 1-foot side yard
setback and a 5-foot front yard setback, which was turned down by the ZBA. Through further
negotiations, the applicant moved the house to the other side of the stream. Subsequently, the
applicant discovered that there was a 25-foot wide sewer easement running through that side of
the lot, which contained an 8-inch pipe 2 ½ feet below ground. Therefore the applicant is forced
to place the house back on the original side of the steam.
The applicant is now proposing 15-foot front yard setbacks. On the side, the prior variance
would have had a 1-foot setback. The applicant is now proposing a 5-foot setback. The
applicant will not have to fill any wetlands and wetland replication will not be necessary as the
original plan was for 1,200 square feet of wetland disturbance.
Alexander states the applicant goes before the ZBA in one week and asks that the Conservation
Commission support the newest proposal.
Goodenough moves for Amy Maxner to draft a letter to the ZBA in support of Tom Carnevale’s
revised proposal as described by Attorney Thomas Alexander for Tall Tree Drive, seconded by
Duff. Paluzzi is opposed. Motion carries 6-1.
Cont: Elm Top Lane – DEP File #5-791 – Elm Top Realty Trust
Attorney Thomas Alexander represents Elm Top Realty Trust, he explains the situation with
regard to the neighbors appeal of the project. He states that the Planning Board approved a
special permit tonight and there has been an agreement with the neighbors regarding the location
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October 21, 2003
Page 12
of the two proposed houses. The parties have agreed to dismiss all appeals in the Superior Court
and the DEP. He requests that the Commission lift the Enforcement Order.
Maxner states she spoke with Rachel Freed at the DEP who is the analyst for the appeal and she
explained the situation. Freed encouraged the Commission to move forward on the replanting of
the coastal bank. She also has been in discussion with Mike Abel from DEP regarding how to
handle Enforcement Order issues. He stated that it would be perfectly acceptable for the
Commission to issue a new Enforcement Order ordering the violator to do the planting
restoration. Maxner states that the Commission could write a letter stating that the Commission
has agreed to lift the existing Enforcement Order provided that the Hubbards do the planting as
agreed.
Duff states the issue of fines must be discussed further. Lang recommends that the Commission
discuss the issue of fines with the City Solicitor.
Maxner states she wrote a letter to the Hubbards regarding the potential for fines. She states she
has spoken with the City Solicitor and it is his opinion that each tree and shrub that was cut
constitutes a violation and it is within the Commission’s right to assess a fine of $100 for each tree
and shrub cut per day from the period beginning September 30, 2002 and ending on February 22,
2003.
Lang recommends that a small workgroup get together, review the letter, determine how many
trees were cut and come back to the group with a recommendation for a fine. The Commission
can vote on it at the next meeting.
Goodenough moves to lift the Cease and Desist Order for Elm Top Lane. Seconded by Duff.
Paluzzi opposed. Motion carries 6-1.
Maxner states the applicant can only do planting. No construction is allowed in the buffer zone.
Cont: Enforcement Order – 431 Hale Street – Landmark School
Michael DeRosa represents the violator, Landmark School, and provides an overview of the
restoration plan. He explains that the trees are ordered and will be delivered and planted this
Friday. The proposal is to replace the ten trees, which were removed: six (6) American Beech (2
to 2 ½ inch caliper), two (2) Sugar Maple (5 to 5 ½ inch caliper), three (3) American Elm (3 to 3
½ inch caliper). He explains that he incorporated various native grasses to be planted to enhance
wildlife habitat and aesthetic value of this area. These grasses will grow to varying heights and
provide a diverse habitat niche for various birds.
DeRosa recommends leaving the Enforcement Order in place until the work is done.
Maxner states that considering the Commission’s vote regarding Elm Top Lane, this vote should
be consistent. Therefore she believes that since the replanting is scheduled to happen within days,
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October 21, 2003
Page 13
the Enforcement Order should be lifted.
Paluzzi moves to lift the existing Enforcement Order. Seconded by Johnson. All members are in
favor. Motion carries 7-0.
Paluzzi moves to approve the replication plan for 431 Hale Street, Landmark School, seconded by
Squibb. All members are in favor. Motion carries 7-0.
Cont: 9 Ober Street – Charles Harris
Maxner explains that there was discussion at last month’s meeting regarding the branch trimming
and “vista pruning” at 9 Ober Street. Members granted permission to Mr. Harris to selectively
trim some of the overhanging branches that are near his pool area. The issue of the “vista
pruning”, which took place on the Coastal Bank, was not resolved at the last meeting and
members continued it to this meeting. Maxner sent a letter to Mr. Harris and informed him of the
concerns the Commission has regarding the activity and encouraged him to attend the meeting to
further discuss this issue with members.
Mr. Harris states he fertilizes the bank in the spring and the fall and then he cuts it. He cuts the
brush on top of the bank to preserve the bank. He would like permission to continue to do this.
Hayes states he does not have a problem with vista cutting but only if the Commission approves
it, and states that what Mr. Harris did placed the Commission in a very difficult position. If Mr.
Harris came before the Commission and asked to do the vista cutting, the Commission may have
approved the request.
Harris states he bought the house in 1978 and the cutting has been going on long before he
bought the house. He states he has been maintaining what he has been doing since 1978. He
does not intend cut down 300-year old trees.
Hayes states the Commission is not arguing that there should not be vista cutting, the Commission
is arguing that he should have come before the Commission, particularly with the situation that is
going on next door.
Harris states he did not realize that is what he has been doing since 1978. He would like to
continue to cut it back 3 feet every year.
Goodenough states there needs to be some type of guideline or policy developed by the
Commission regarding this issue.
Lang states he does not expect Mr. Harris to have to come before the Commission unless he is
going to drastically change the landscaping.
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October 21, 2003
Page 14
Cont: 495 Cabot Street – Stevan Goldin
Squibb recuses himself from this discussion and leaves the room.
Maxner recommends continuing this topic. She states the Commission has received a letter from
the petitioners and she has a call in to Deneen Simpson, docket clerk for DEP asking her for some
guidance on this issue. She has not heard back from her yet.
Attorney Alexander states the allegation is that hay bales have been placed on the property. He
states he does not think it is a violation of the Wetlands Protection Act. If anything, it is a good
thing because it would keep any silt that is on the property from going towards the wetland.
Maxner states in her personal opinion, the placement of hay bales are not a significant issue but if
there is some sort of responsibility that the Commission has, then the Commission should act
accordingly. She states that she is unclear with regard to the “Stay” that has been issued. She
thinks that if DEP issued a Stay, then they may be the entity that needs to enforce it.
Paluzzi moves to table this topic until more specific information is provided by DEP. Seconded
by Goodenough. All members are in favor. Motion carries 7-0.
Cont: 3 Birch Woods Drive – Jeppesen
Maxner explains that the Jeppesen’s have asked the Commission about extending their lawn next
to a detention basin, as well as placing a fence along the west boundary of the basin. The lot is
within the Buffer Zone to BVW associated with a brook across the street.
Members request Maxner to send the Jeppesen’s a letter with an application for a Request for
Determination of Applicability (RDA) and inform them that the extension of the yard is something
that the Commission will not approve.
The Commission also requests that Maxner to advise the Jeppesen’s to have the contractor
remove the hay bales.
Cont: 107 Grover Street – in ground pool discussion – Kellie O’Donnell
Maxner explains that Ms. O’Donnell came before the Commission with an RDA for the
construction of a garage addition and in-ground pool. The Commission voted to approve the
garage addition, but the pool ended up being located within the 25-Foot No-Disturb Zone and
therefore a Notice of Intent would be required for its construction. The Commission conducted a
site visit on October 18, 2003.
Duff states it is almost a hazard to put a pool in and there is the danger of setting a precedent for
the 25-Foot No-Disturbance Zone.
Conservation Commission Meeting Minutes
October 21, 2003
Page 15
Lang states there is a reason for the 25-Foot No-Disturbance Zone to protect the resource area.
He recommends that O’Donnell speak with an engineer to determine if she could pursue this
further. Maxner offers to provide O’Donnell with a list of names of engineering firms.
New: Watershed Overlay District Ordinance amendments discussion
Maxner asks that the members review the draft of the Watershed Overlay District Ordinance and
provide comments at the next meeting. Duff requests a copy of the zoning map so that she could
better visualize the Overlay District. Maxner states she will mail all members a copy of the map.
Vitale Site Discussion
Goodenough states that the City Council should have given the Conservation Commission an
opportunity to review the agreement developed by Mass Electric. She thinks the only goal of the
Commission is to let the City Council know they should have asked the Commission’s opinion.
She thinks the Commission has some vested interest in the land.
Lang suggests that this discussion be tabled, as the agreement may no longer be in the
Commission’s purview.
YMCA
Maxner states she met with William Jennings, who is working for the YMCA with the
construction of the new teen center. Jennings informed Maxner that at the mouth of the entrance,
there is a line of site issue and the YMCA would like to remove vegetation to improve the
situation, it is a safety issue. Maxner states her initial thought was that they would need to file a
Notice of Intent but wanted to get the Commission’s opinion. Members agreed that a NOI would
be appropriate.
17 Cole Street, DEP File # 5-809
Maxner states construction is starting for the house. The contractor pointed out that within the
25-foot no disturb zone, now that some of the vegetation has died back, there is construction
debris, railroad ties, concrete, asphalt, cinder blocks etc. He asked if he could pull it out, loam
and seed it. She asks the Commission’s opinion.
Goodenough recommends that the contractor clean it out and replant with native plants.
Paluzzi states he recalls when the Commission approved the project, the applicant was asked to
clean it up.
Maxner asks if there should be a Modification to the Order.
Lang states Maxner can advise the contractor that the Commission is amenable to him moving the
Conservation Commission Meeting Minutes
October 21, 2003
Page 16
debris but the Commission would like to see a Modification Plan.
309 Dodge Street – George Osgood
Maxner states she received a telephone call from George Osgood who requested that she visit his
property to determine if a particular location on his property is wetlands. There is an area of
Isolated Wetlands. There is a big driveway belonging to Mr. Sabatini of 299 Dodge Street, which
abuts Osgood’s property. There is a pipe that drains Sabatini’s driveway, which discharges into
the wetlands, and there is construction debris on the side.
Lang recommends that the Commission send a letter requesting Mr. Sabatini to attend the next
meeting to explain the situation. He states that a Notice of Intent may need to be filed before any
further work commences on the property.
53 Lothrop Street
Maxner states Paluzzi called her and asked her to look at a property, which is the house right on
the edge of Independence Park, 53 Lothrop Street. Maxner visited the property earlier today and
spoke with the owner, Robert Hubbard. There was excavation behind the house to build a deck
with a foundation. There is a large mound of dirt on the coastal bank and the property owner
contends that he is not in the buffer zone to the coastal bank. There was no filing or permits with
the Commission for this property.
Lang recommends that the Commission issue a Cease and Desist Order stopping all work, and
request that the materials be removed out of the Buffer Zone and off the Coastal Bank and for
Mr. Hubbard to appear before the Commission at the next meeting.
Duff moves to issue an Enforcement Order with the above-mentioned directives. Seconded by
Paluzzi. All members in favor. Motions carries 7-0.
Adjournment
Paluzzi moves to adjourn, seconded by Johnson. All members in favor. Motion carries 7-0.
The meeting is adjourned 11:15.