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).
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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
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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).
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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.
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January 7, 2003
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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).
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January 7, 2003
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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.