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2003-01-07 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 7, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, Bill Squibb BOARD MEMBERS ABSENT: Jon Mazuy, Eileen Duff OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 32 Virginia Avenue – construction of addition – Curtis Jones, Jr. Maxner reads the legal notice. Curtis Jones appeared before the Commission. He is proposing to construct a 14’ X 16’ addition to the rear of existing single-family home located at 32 Virginia Avenue. There is a BVW and a detention basin located at the back of the home, and the addition is approximately 45 feet from the BVW at its closest point and about 5 feet from the detention basin. Lang asks if there are questions from members of the board. Paluzzi asks if there will be posts. Jones responds that he thinks there will be four sono-tubes. Lang asks if there are questions from members of the public. There are none. Paluzzi moves to issue a Negative #3 Determination, seconded by Dr. Johnson. All members are in favor. Motion carries (5-0). Paluzzi moves to recess for public hearing, seconded by Goodenough. All members are in favor. Motion carries (5-0). Conservation Commission Meeting Minutes January 7, 2003 Page 2 Abbreviated Notice of Resource Area Delineation New: off L.P. Henderson Road, off Sam Fonzo Drive - Resource Area Delineation – Beverly Municipal Airport Maxner reads the legal notice. Jim Fougere the Environmental Consultant with Smart Associates, states the applicant is seeking confirmation and approval of the resource area delineation. Lang expresses concern that it is the middle of the winter and a lot of the area is flat and the wetland determination is not as easy as it would have been seven months ago, before the snow. The members schedule a site walk on January 25, 2003 at 9:00 AM, subject to suitable weather conditions. Paluzzi moves to continue the hearing until the next meeting on January 28, 2003 pending a site walk, which is scheduled on January 25, 2003 at 9:00 a.m., seconded by Goodenough. All members in favor. Motion carries (5-0). Notice of Intent Cont: 391 R Elliott Street – construction of single family home – William & Linda Beard Peter Flink with Griffin Engineering represents for William & Linda Beard. He states a revised plan has been submitted showing the following changes: · The footprint of the house has been modified so that there is not direct impact to the wetland area and therefore, replication is no longer being proposed. · The setback from the foundation is 10 feet from the wetland at its closest point. · The driveway and the retaining wall structure have been revised, which would reduce the amount of fill adjacent to the wetland. Lang asks if there are questions from members of the public. There are none. Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members are in favor. Motion carries (5-0). Cont: 5 Elm Top Lane – razing of existing house and construction of single family home – Elm Top Realty Trust Maxner states she has received a faxed letter from Attorney Tom Alexander requesting a Conservation Commission Meeting Minutes January 7, 2003 Page 3 continuance to the next scheduled meeting. Maxner suggests that the members visit the site to observe the condition of the coastal bank to check for signs of erosion. The members agreed to visit this site on Saturday January 25, 2003 after they finish with the airport visit. Paluzzi moves to continue to the next meeting on January 28, 2003, seconded by Dr. Johnson. All members are in favor. Motion carries (5-0). Orders of Condition Cont: 391 R Elliott Street – construction of single family home – William & Linda Beard Paluzzi moves to issue the following conditions: 1. Standard conditions, 2. During construction of the retaining wall, all trucks and vehicles should be kept out of the resource area, which is already included as a condition in the standard conditions. Seconded by Goodenough. All members are in favor. Motion carries (5-0). Certificate of Compliance 9 Tall Tree Drive, Lot 2 – DEP File #5-631 – Thomas Carnevale Tom Carnevale was before the Commission and states that he has been advised by Attorney Thomas Alexander of the following concerns: Covenant 1. : A covenant has been prepared, and a sample copy was provided to the members. Cape Cod Berm 2. : He states there is only a binder on the pavement of the driveway right now. He is planning to put the final top on in the spring and then the berm will be put down after that. Salamander crossing 3. : He spoke with Debbie Hurlburt regarding the preferred placement of the utilities, and stated that Hurlburt approved the position of the PVC pipes. Lang states there should be language included in the covenant that specifically calls out the presence of the vernal pool, and that the vernal pool should be called out on the plan. Carnevale agreed to these requests. Paluzzi moves to issue a Certificate of Compliance, seconded by Dr. Johnson. All members are in favor. Motion carries (5-0). Conservation Commission Meeting Minutes January 7, 2003 Page 4 Old/New Business Lang reads a letter dated December 9, 2003 from Paul Barnico from the Airport Commission regarding parking lot catch basins. Beverly Airport Commission (BAC) was required to install oil separator catch basins and Barnico asks about the requirements of oil separators or catch basins for the new Electric Insurance building. Lang states he is not sure what the Conservation Commission approved for the Electric Company but he knows that it was appealed to the DEP. The DEP issued a Superceding Order of Conditions. The Conservation Commission has required oil/water separators at other locations (Stop & Shop, etc.) but the Commission lost jurisdiction regarding the Electric Company. Wetlands Regulations Members discuss the Wetland Regulations. Maxner reviews several items that she found while drafting the latest revisions from the last meeting. In Section 1 (General Provisions) there are six additional public interests identified in our ordinance: erosion/sedimentation control, wildlife, rare species habitat, agriculture, aquaculture and recreation. Maxner asks if rare species habitat refer to both animals and plants? Dr. Johnson responds that he believes that both are protected. Members and Maxner discuss Conservation Commission fees. Goodenough moves to adopt the application fee for a Request for Determination of Applicability set at $50.00, seconded by Paluzzi. All members are in favor. Motion carries (5-0). There is a discussion regarding the fees for filing a Notice of Intent. Maxner states she will prepare a proposal for a fee schedule and will present it to the members at the next meeting. Maxner states Dr. Johnson expressed interest of the possibility of Associate Members. She read through the charter and the ordinance and there is really no clear language for guidance on this issue. The Commission may revisit this in the future. Definitions There is discussion regarding the definition of buffer zone and the associated no-disturb and no- build zones. Conservation Commission Meeting Minutes January 7, 2003 Page 5 Lang recommends that the Commission move forward with a no-disturb zone, and if that is not sufficient, the Commission could go back and add more. He cautions against adding too much too quickly. Lang states a 25-foot no cut zone would be a big step forward. Lang asks Maxner to continue working on the Wetlands Regulations and put this on the January 28, 2003 Conservation Commission meeting agenda. 495 Cabot Street – Stevan Goldin (Bill Squibb recuses himself from this portion of the meeting and leaves the room.) Stevan Goldin states he is a resident of Rockport and he is a member of the Sierra Club. He states he gets involved with citizen groups. He states it is unacceptable what has been happening with DEP wetland policies. They are not protecting wetlands. Goldin states the entire site at 495 Cabot Street was wetlands and buffer zone and was illegally filled in. Lang states the Conservation Commission felt strongly about the definition of buffer zone. This is important but the Commission also has other issues that it has to fight and must use its time and resources wisely. He states that the result desired by the members would most likely not be achieved. Maxner states the Commission is not withdrawing from this case, but decided not to offer direct testimony. (Squibb returns to the meeting.) Other Lang states the Commission members discussed elections and recommends that the topic be placed on the January 28, 2003 agenda. Approval of Minutes Paluzzi moves to approve the minutes dated July 2, 2002 as amended with minor changes, seconded by Johnson. Lang and Goodenough in favor, Squibb abstains. Motion carries (4-0-1). Johnson moves to approve the minutes dated December 10, 2002 as written, seconded by Paluzzi. All members are in favor. Motion carries (5-0). Conservation Commission Meeting Minutes January 7, 2003 Page 6 Adjournment Johnson moves to adjourn, seconded by Paluzzi. All members are in favor. Motion carries (5-0). The meeting is adjourned at 9:00 PM.