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.