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.