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2003-06-24 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 24, 2003 BOARD MEMBERS PRESENT: Tony Paluzzi (Vice Chairman), Dr. Mayo Johnson, William Squibb, Ian Hayes, Eileen Duff (arrives 7:20 pm) BOARD MEMBERS ABSENT: David Lang (Chairman), Linda Goodenough, OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Paluzzi calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 240-250 Elliott Street – construct 6-foot wide stone dust path – Marciano Bass River Trust Maxner reads the legal notice. Marciano family representative, Paul Marciano, states the Marciano family would like to construct a 6-foot wide stone dust path way along the perimeter of the property in Riverfront Area of the Bass River. Paluzzi asks if this project has been approved by DEP. Maxner responds that it was decided to present it as a Request for Determination of Applicability and call it a minor activity in Riverfront Area. Maxner reads a letter of support from David Gardner, Chairman of the Open Space and Recreation Committee dated June 17, 2003. New: 252 Elliott Street – construct 6-foot wide stone dust path – Carol Marciano Maxner reads the legal notice. Paul Marciano states that the path continues onto an adjacent property owned by Carol Marciano, and that is why two separate applications were submitted for the same path. Paluzzi asks if there are any questions from members of the public. There are none. Conservation Commission Meeting Minutes June 24, 2003 Page 2 Johnson moves to issue a Negative #3 Determination of Applicability for 240-250 Elliott Street and 252 Elliott Street, seconded by Squibb. All members are in favor. Motion carries 4-0. Duff arrives 7:20 p.m. New: 431 Hale Street – demolish existing and construct new sunroom and porch – Landmark School Maxner reads the legal notice. The representative for Landmark School, Stuart Meurer, provides an overview of the proposed project. He states the applicant is proposing to demolish and reconstruct an existing sunroom, which will have a 4-foot foundation (frost wall), in the Buffer Zone to a Coastal Bank. He states that the new sunroom, with new roof downspouts, will be 73 square feet larger and will have a new wooden stair for egress. He explains that the new parking lot depicted on the plan will not be constructed as the school decided to table this project to explore alternatives. Paluzzi asks if they anticipate hitting ledge. Meurer responds that if ledge is encountered they would pin the frost wall to the ledge. Squibb asks a clarifying question about the roof runoff. Meurer states there will be downspouts. Paluzzi asks if any members of the public have any questions. Renee Mary, 274 Hale Street asks if the proposed roof is flat. Meurer responds that the roof is flat as it will be used as a point of egress from the classroom. Johnson moves to issue a Negative #3 Determination, Squibb moves to amend the motion to include the following conditions: § Downspouts from the roof shall be directed into drywells. § Silt fence shall be installed to encompass the work area to prevent erosion into the coastal bank. Seconded by Hayes. All members are in favor. Motion carries 5-0. Goodenough moves to recess for public hearings, seconded by Hayes. All members are in favor. Motion carries. Abbreviated Notice of Resource Area Delineation Cont: off Lee Street and Folger Avenue – Resource Area Delineation – John and Angelina Tanzella Maxner states that she has spoken with Rebecca Haney from Coastal Zone Management. She Conservation Commission Meeting Minutes June 24, 2003 Page 3 explains Haney is conducting a site visit on July 7, 2003 at 1:00 p.m. She states that the applicant’s representative has agreed to continue the hearing until July 15, 2003. Johnson moves to continue the hearing for off Lee Street and Folger Avenue – Resource Area Delineation to July 15, 2003 pending a site visit with Rebecca Haney on July 7, 2003 at 1:00 pm, seconded by Squibb. All members are in favor. Motion carries 5-0. Notice of Intent Cont: 425 Hale Street – construct kitchen nook, install pool shed, perform landscape improvements – Rick Olney Bill Manuell appears on behalf of the applicant and explains the applicant is proposing an addition, pool shed, sitting terrace and associated landscaping to a single family home in the Buffer Zone to Coastal Bank, as well as removing two locust trees and one pine tree. Manuell states the primary reason for removal is for views and because the trees are in distress. He states that a site visit took place on Saturday June 14, 2003. There is some discussion regarding the method of tree removal. Manuell explains that the equipment will be able to stay on the paved driveway and reach over the lawn to take the trees down. He also explains that the stumps will be ground down and the holes will be filled with soil. Paluzzi asks if there are any questions from members of the public. There are none. Johnson moves to close the hearing, seconded by Squibb. All members are in favor. Motion carries 5-0. Abbreviated Notice of Intent Cont: 22 Wentworth Drive – Robert Corneau Mr. Corneau provides a brief overview of the proposed project. He states he is proposing to construct a 16-foot by 12-foot garage with sunroom above as well as an attached deck measuring 40 feet x 12 feet in the buffer Zone to an Isolated Vegetated Wetland. He states the foundation for the garage will be a poured concrete slab and minimal excavation is required. Maxner provides pictures of the site for members’ review. She explains that the work is approximately 25 feet from an Isolated Vegetated Wetland, and the lawn area is flat. Paluzzi asks if there are any questions from members of the public. There are none. Johnson moves to close the hearing, seconded by Hayes. All members are in favor. Motion carries 5-0. Conservation Commission Meeting Minutes June 24, 2003 Page 4 Orders of Conditions Cont: 425 Hale Street – construct kitchen nook, install pool shed, perform landscape improvements – Rick Olney Dr. Johnson moves to issue the following conditions: · Standard conditions. · Silt fence shall be used to protect the slope from the grinding of the stumps. Seconded by Squibb. All members are in favor. Motion carries 5-0. Cont: 22 Wentworth Drive – Robert Corneau Dr. Johnson moves to issue the following conditions: · Standard conditions. Seconded by Squibb. All members are in favor. Motion carries 5-0. Certificate of Compliance New: 21 Riverview Street – DEP File #5-799 – Claude Thibodeau Maxner explains that an Order of Conditions was issued for this property that involved connecting the house to city sewer in Riverfront Area to the Bass River. She states the work entailed digging a 20-foot long, 2-3 foot wide 3-foot deep trench of the side of the house connecting to the sewer lateral. Maxner states she visited the site and there is nothing to report. She asks the applicant’s representative, Jay McLaughlin if he encountered any problems. McLaughlin states the job was straightforward and went quickly. Dr. Johnson moves to issue a Certificate of Compliance for 21 Riverview Street – DEP File #5- 799, seconded by Duff. All members are in favor. Motion carries 5-0. New: 407 Hale Street – DEP File #5-798 - Cornelius Felton Maxner explains an Order of Conditions was issued for this property that involved connecting the house to city sewer as well as the removal of a fuel tank in the Buffer Zone to a Coastal Bank. She states that Jay McLaughlin was the contractor for the sewer connection and a separate Conservation Commission Meeting Minutes June 24, 2003 Page 5 contractor was hired for the fuel tank removal. McLaughlin state that the Fire Department was notified and there were no problems. Maxner states that she visited the site and everything looked in good order. Squibb moves to issue a Certificate of Compliance for 407 Hale Street – DEP File #5-798, seconded by Hayes. All members are in favor. Motion carries 5-0. 1 Melvin Avenue Maxner states she visited the site and took photos and passed them around for members to view. She explains that Jay McLaughlin was the contractor for this project and asks him if any problems were encountered. McLaughlin stated that the project was completed quickly. Maxner asks about the abandoned cesspool area. McLaughlin states that it was pumped and filled and loam was placed over it and it will be seeded shortly. Dr. Johnson moves to issue a Certificate of Compliance for 1 Melvin Avenue, seconded by Squibb. All members are in favor. Motion carries 5-0. Old/New Business Cont: Elm Top Lane Replanting Plan, Elm Top Realty Trust. Maxner states the applicant submitted a new replanting plan. She explains that all of the core Conservation Commission members who were present during the previous meeting are not at tonight’s meeting and there is no quorum to make a decision. Johnson moves to continue Elm Top Lane Replanting Plan, seconded by Hayes. All members are in favor. Motion carries 5-0. Approval of Minutes Johnson moves to accept the minutes of April 1, 2003, seconded by Duff. All members are in favor. Motion carries 5-0. Dr. Johnson moves to accept the minutes of April 22, 2003, seconded by Sqibb. All members are in favor. Motion carries 5-0. Other Maxner states she needs a vote from Commission members to allow expenditure of funds to buy a digital camera for the Conservation Agent. Conservation Commission Meeting Minutes June 24, 2003 Page 6 Johnson moves to allow the expenditure up to $500 to purchase a digital camera for the Conservation Agent, seconded by Duff. All members are in favor. Motion carries 5-0. Discussion Regarding Proposed Revisions to the Wetland Regulations Maxner states she has spoken with the City Solicitor, who has made recommendations regarding proposed changes to the Wetland Regulations. She provides a copy of the recommendations to the members for their review. She suggests that a second public hearing be held to incorporate these changes at the next Commission meeting on July 15, 2003. New: Open Space and Recreation Action Plan Presentation, Open Space & Recreation Committee David Gardner and Robert Buchsbaum, Chair and Vice Chair of the Open Space and Recreation Committee (OSRC), give a brief power point presentation on the Open Space & Recreation Action Plan. The plan identifies particular parcels and recommends linking neighborhoods to a trail network to get to parks and open space around the city. Adjournment Johnson moves to adjourn, seconded by Squibb. All members are in favor. Motion carries 5-0. The meeting is adjourned at 9:00 p.m..