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.
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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
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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.
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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
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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.
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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..