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2003-06-17 Wetlands regulations CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission TOPIC: City of Beverly’s Wetlands Regulations DATE: June 17, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Dr. Mayo Johnson, Linda Goodenough, William Squibb, Ian Hayes, Anthony Paluzzi BOARD MEMBERS ABSENT: Eileen Duff OTHERS PRESENT: Amy Maxner, Conservation Commission Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Maxner reads the legal notice. Maxner reads a letter dated June 17, 2003 from Pam Kampersall. Kampersall thanks each Commissioner for their work regarding the Wetland’s Ordinance and provides the following recommendations and comments: - Implementing a 150-foot no disturb around a certified or uncertified vernal pools. - Consider the Town of Boxford’s buffer zone requirements. - The Wetlands Protection Act, as written, provides little protection for wildlife and protecting rare species. - Consider specific bylaws regarding significant wetland replication. - Little consideration has been given to compensatory storage. - Consider groundwater and surface water protection and specific protection for aquifers. Maxner provides an overview of each section. Maxner states she had a question regarding the term “recreational spaces.” There is discussion regarding the term “recreation”. Members agree that people have different opinions regarding the definition of “recreation”. Maxner points out that recreation is defined later in Section II. There is discussion regarding the following definitions: · Isolated Land Subject to Flooding · Abutter · Wildlife habitat Conservation Commission Meeting Minutes June 17, 2003 Page 2 · Intermittent and perennial streams · The size of Isolated Vegetated Wetlands · The definition of “Alter” was discussed, and expanded to include “driving of pilings…” The members discuss the use of herbicides near vernal pools and bordering vegetated wetlands, but members decided this was difficult to regulate and it may be something better addressed through Orders of Conditions. There is discussion regarding the certification of vernal pools and the proximity of sewage disposal systems to vernal pools. Maxner recommends that a ruling should be made in the spring for evidence to be collected to prove or disprove vernal pools. Members agree that the spring is the best time for vernal pool evaluation. Hayes suggests that the migratory pathways of vernal pool breeders should be protected. Members agree that no work shall obstruct these pathways, and agree to incorporate language to that effect. Hurlburt suggests that there be a 100-foot No-Disturbance Zone around vernal pools. Goodenough states that she would agree with this if it only applied to vernal pools, but that the 25-foot No-Disturbance should only apply to other resource areas. Members agree with the 100- foot for vernal pools. Maxner suggests that projects of any size that directly discharge untreated storm water to wetlands should be prohibited. Members agree that storm water discharge should be addressed for all types of projects to the greatest extent possible. There is discussion regarding reusing wetlands soils in replication areas and the language that should be used, members agree to incorporate language“to the extent possible”. Paluzzi moves to adopt the Wetlands Regulations as amended, seconded by Goodenough. All members are in favor. Motion carries 6-0.