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2003-01-28 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 28, 2003 BOARD MEMBERS PRESENT: Chairman David Lang (arrives at 8:25 p.m.), Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Bill Squibb, Linda Goodenough, Eileen Duff BOARD MEMBERS ABSENT: OTHERS PRESENT: Amy Maxner-Conservation Agent, Deb Hurlburt-Planning Director RECORDER: Jeannine Dion (by tape) Vice Chairman Paluzzi calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 8 Trask Street – raise grade of 6,700 square foot section of yard - Blumgart Maxner reads the legal notice. The applicants are proposing to raise the grade of the perimeter of their yard, which is in a buffer zone to a BVW. They are proposing to fill in approximately 6,700 square feet of the backyard with crushed stone. Paluzzi asks how high the grade will be raised. Eva Blumgart responds approximately 6 inches. Mazuy asks what size crushed stone will be used. Blumgart responds that the stone would be 3/8”. Johnson asks if the area being filled is shaded. Blumgart responds that it is shaded. Maxner provides photos of the site. Paluzzi asks how many dogs will be at the location. Mr. Blumgart responds that 20 to 40 dogs are kept on the property at any given time. Paluzzi asks if Blumgart will be picking up after the dogs daily. Mr. Blumgart responds that he picks up after the dogs immediately. Mazuy asks if the Blumgarts have a license to run the business. Mr. Blumgart responds yes. Conservation Commission Meeting Minutes January 28, 2003 Page 2 Paluzzi asks if the dogs will be there all day. Mr. Blumgart responds that most of the dogs are present during the day until 5:00 or 6:00 p.m. He also stated that he does, on occasion take dogs overnight or on weekends. Paluzzi asks if there are any questions from members of the public. There are none. Dr. Johnson moves to issue a Negative Determination #3, seconded by Goodenough, Mazuy opposed. Motion carries 5-1. Mazuy moves to recess for a public hearing, seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. Abbreviated Notice of Resource Area Delineation (Cont.) Beverly Municipal Airport Maxner reads a letter of agreement for a continuance from Jim Fougere, representative for the Beverly Municipal Airport Commission. Members agreed to schedule a site inspection for Saturday, March 29, 2003 at 8:30 a.m. Mazuy moves to continue the hearing pending a site walk scheduled on March 29, 2003, seconded by Squibb. All members are in favor. Motion carries 5-0. Notice of Intent 5 Elm Top Lane – Elm Top Realty Trust Maxner reads a letter requesting a continuance to the next scheduled meeting. Dr. Johnson states he would like to discuss the observations made at the site visit conducted by the Conservation Commission on Saturday January 25, 2003. Johnson expresses concern about the clear cutting that occurred in the buffer zone to the coastal bank, and questioned whether the Commission should or should not issue an Enforcement Order to remediate the cutting. Paluzzi states he thinks the Commission should send the applicant a letter and request that they remediate what they have done. Mazuy recommends that it would be appropriate for the applicant to hire a wetland scientist to prepare a re-planting plan utilizing native vegetation. Maxner states that she will prepare a letter to that effect. Maxner states she has received a response packet from Gulf of Maine Research responding to Coastal Zone Management’s Coastal Geologist, Rebecca Haney’s comments. She provides copies to the Commission members for their review. Conservation Commission Meeting Minutes January 28, 2003 Page 3 Mazuy moves to continue the hearing until the next scheduled meeting, seconded by Johnson. All members are in favor. Motion carries 5-0. Old/New Business Election of Officers Goodenough moves to nominate David Lang for the position of Chairman of the Conservation Commission, seconded by Paluzzi. All members are in favor. Motion carries 5-0. Mazuy moves to nominate Anthony Paluzzi for the position of Vice Chairman, seconded by Goodenough. All members are in favor. Motion carries 5-0. Miles River Task Force Renee Mary, 274 Hale Street states that someone should be representing the City of Beverly on the Miles River Task Force. Mazuy states he attended one meeting. It is a very impressive group of people and they are very interested in the river. He recommends that the Commission have some representation. Hurlburtasks Mary if she knew who sits on this task force, and wonders if it is most appropriate for a Commission member to represent Beverly. The Commission decided to table this item until the next meeting. Vitale Site Discussion Maxner reads a letter from David Gardner, Chairman of the Open Space and Recreation Committee (OSRC) dated January 8, 2003. The letter states that the OSRC voted unanimously in support of utilizing the Henderson Road Vitale Site for active recreation. The motion was made to support the use of the Henderson Road Vitale Site for active recreation, provided that no public health or safety issues are discovered and determined to be a limiting factor for such uses. Maxner reads a letter dated January 27, 2003 from Bruce Doig, Chairperson of the Beverly Recreation Commission. N.E. Power is currently developing a plan to install a membrane and protective earth cap upon the Vitale site. The Parks and Recreation Commission requests that the Conservation Commission consider the grading of the cap to be used for athletic playing fields to be used by the various Beverly sports organizations. The Parks and Recreation Commission feels the Vitale site would meet some of the needs with little expense to the residents of the City of Beverly. Mazuy states that since he has been on the Conservation Commission he has never seen such an outpouring of support for any purpose in the City of Beverly. It is an admirable purpose, however some of the people Conservation Commission Meeting Minutes January 28, 2003 Page 4 who are familiar with the possibility, if not the probability of problems growing out of that site, even after the work is done, urge against any decision whatsoever at this time. He proposes that the Commission wait until after the project is done, but with the caveat that contractors or engineers be asked to leave it in such a state that allows such use if the Commission and the public are so motivated at the time of completion. He states he is very concerned about the reservoir and the issue of subsurface drainage and how this project will impact runoff to the reservoir. He expresses concern that the water has to go some place and there will be a cap, not very far below the surface, and whatever comes down through there is going to go somewhere and he suspects it will go right back into the reservoir. Those issues should be thought about as well as others. Goodenough states that because New England Power is drawing the engineering plans now, the Conservation Commission should tell the Open Space and Recreation Commission whether or not it is interested in allowing active, organized recreation on the site. She thinks that having someone take care of the land is far better than leaving it vacant and unattended. Mazuy states if the land is to be used as playing fields, he would urge the city to turn over to the Conservation Commission other conservation land of approximately the same size so that the Conservation Commission is not in violation of its responsibility as the conservators of open space. He states the former Mayor Scanlon offered that when he wanted to do something else with that property months ago. That should still stand and the Conservation Commission should still maintain an interest in that site, such that if it is used for some purpose that is inconsistent with the protection of the reservoir, the Commission would have the right to step back from it. Paluzzi states he is personally in favor of having playing fields at the site but he thinks the Commission should wait until a representative from New England Power can discuss this further with the Conservation Commission. Mazuy recommends that the Conservation Commission table this issue, and that it should inform the engineers of its concerns regarding the site. He suggests that after the Commission meets with New England Power, members could re-visit the issue. Squibb states that he is concerned about rumored plans of moving 40,000 cubic yards of fly ash off of the Cailin Road site and placing it on the Vitale Site. He believes that this issue should also be addressed at that time, as he thinks that it would result in a huge increase in the elevation of the Vitale site. Goodenough states she thinks it would be wise to schedule a public hearing on this topic and discuss it further. David Gardner, Chairman of the Open Space and Recreation Commission (OSRC) states the OSRC would like to secure the Conservation Commission’s agreement. Art Sullivan, acting Director for the Parks and Recreation Department, states that if playing fields are established irrigation and maintenance of the of the fields will be a consideration. Conservation Commission Meeting Minutes January 28, 2003 Page 5 Dr. Johnson stated that the Commission would never allow the use of fertilizers or pesticides or any irrigation system on the site, that it would be out of the question. Dr. Johnson adds that the Beverly Salem Water Board originally objected to any use of the Vitale site. Mazuy moves that the Commission establish a date for a Special Meeting, at which time a representative from New England Power, a consultant from Haley & Aldrich, and a representative from the Beverly Salem Water Board would present their views with regard to the future use of the Vitale site, with the understanding that the Commission should still maintain an interest in the property, such that if it is used for some purpose that is inconsistent with the protection of the reservoir, the Commission would reserve the right to determine is such use is permissible, and that the Commission should explore with the City options for other comparable land donations for the Commission to care for and manage as a trade. Seconded by Goodenough. All members in favor. Motion carries 5-0. Maxner states at the next Conservation Commission meeting she will be able to tell the Commission what everyone’s availability will be for the Special Meeting. 495 Cabot Street Squibb recuses himself and leaves the room. Hurlburt explains that Town & Country Homes Inc. and the abutters have agreed on a settlement. She explains the conditions of the settlement which include the following terms: § Town & Country agrees to delete the proposed pool and cabana and will establish this area with grass or natural cover. § Town & Country will provide an exclusive use easement area of approximately 2292 square feet, together with a 6-foot wooden stockade fence provided for the Camaras. The Conservation Commission, as a party to this appeal is required to sign off on this agreement. The Commission members were pleased to learn that this case has been settled to the abutter’s satisfaction. Mazuy moves that the Conservation Commission signs off on the agreement, Johnson seconds. All members in favor. Motion passes 5-0. The members agreed that David Lang should sign the document as he is the Chairman, and that Maxner would obtain Lang’s signature at a later time. Dane Street Beach Goodenough states she was at Dane Street yesterday at low tide and she is concerned about sediment on the beach. She requests that the beach be tested to determine what type of sediment it might be. David Lang arrives 8:25 p.m. Wetlands Regulations Conservation Commission Meeting Minutes January 28, 2003 Page 6 The members review proposed changes to the Wetland Regulations. A short discussion ensued regarding the difference between a vernal pool and an ephemeral pool. It was the members’ recollection that they wanted to use the term vernal pool to cover all temporary pools. Members discussed whether these regulations can be passed now, and discussed Mazuy moves that the regulations in so far as they have been written be approved as the regulations under the new Wetlands Protection Ordinance, seconded by Squibb seconds. All members are in favor. Motion carries 7-0. (This vote may need to be reconsidered, or stricken from these minutes since it was not proper procedure.) Members agree to have Maxner continue to work on revising the remaining sections of the regulations for their review and to continue their discussion to the next regular meeting. Mazuy Resigns Jon Mazuy submits a letter of resignation from the Conservation Commission explaining that he will be moving to the South Shore and will no longer be able to serve on the Commission. Hurlburt states that she is sorry to hear of Jon’s resignation and that he has been an excellent member who has served the City well. She added that she will miss him and thanked him for his years of dedicated service. Members were dismayed to hear of Mazuy’s intentions to leave. They expressed their thanks for his diligent efforts, and active and engaged participation. They will miss the valuable contributions that he has made to the proceedings of this board. Members wished him the best of luck and hoped that he would keep in touch in the future. Adjournment Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries 7-0. The meeting is adjourned at 8:45 p.m.