2004-06-15
City of Beverly, Massachusetts
Public Meeting Minutes
Board:
Conservation Commission
Subcommittee:
Date:
June 15, 2004
Place:
Beverly City Hall, 191 Cabot Street
Board members present:
ChairmanDavid Lang, Ian Hayes,
Dr. Mayo Johnson, Anthony Paluzzi, William Squibb
Board members absent: ,
Eileen DuffLinda Goodenough
Others present:
Amy Ellert-Maxner, Environmental Planner
Recorder:
Amy Ellert-Maxner
Chairman Lang calls the meeting to order at 7:00 p.m.
Lang states that the Commission will be going into Executive Session for the purpose of
meeting with the City Solicitor to discuss litigation involving the Hill Property and takes
a roll call for all members in favor of recessing into executive session. He states that the
Commission will be reconvening into the regular meeting when it is finished meeting
with the Solicitor.
Lang states he will take a roll call vote to convene into executive session: Paluzzi, yes;
Hayes, yes; Johnson, yes; Squibb, yes; and Lang, yes. Motion is unanimous.
The Commission ends executive session and returns for the regular session.
CERTIFICATE OF COMPLIANCE
Cont: 11 Landers Drive, DEP File #5-184, Thomas & Anne Renda
Peter Ogren, Hayes Engineering, represents the applicant. This item was continued from
the previous meeting as members wanted more information on the mini dock that had
been constructed on the edge of the pond. He states that he does not know when the dock
was built and neither does the owner. Mr. Renda, owner, states that he bought the house
with the dock in place and they use it to sit on and that they do not have a boat.
Hayes states he thinks that removing the dock may cause more damage than leaving it in
place.
Conservation Commission Meeting Minutes
June 15, 2004
Page 2 of 14
Maxner states that she observed the bank of the pond to see if there were any
opportunities for enhancement plantings to mitigate for the dock, but noticed that the
bank was very well vegetated and stable with well-established woody vegetation.
Johnson states that he thinks the dock should be taken out. Squibb agrees.
Lang asks if there are any further questions from the Commission. There are none.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Hayes. Johnson and
Squibb opposed. Motion carries 3-2.
24 Paine Avenue, DEP File #5-782, Dorothy Baldini
Maxner explains the Commission has received a Request for Certificate of Compliance
for 24 Paine Avenue. This project involved the upgrade of an existing septic system
within Buffer Zone to Bordering Vegetated Wetland. The Commission has received an
as-built plan from the Board of Health, which issued its own Certificate of Compliance.
The contractor on this project was diligent in complying with the Order of Conditions and
there was no monitoring problems or non-compliance issues with how work was
conducted. Maxner explains that she conducted a site inspection and the site is stable.
She explains that there were landscape plantings that needed to be moved from the work
area and they were carefully preserved so that they could be replanted when the work was
finished. She states that the as-built plan provided by the Board of Health coincides with
the proposed plan and explains that the site was very tight and there was no room to
deviate from the plan with the septic system.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Hayes. All in favor.
Motion carries 5-0.
Cabot Street, DEP File # 5-667, Ron Nadeau
Maxner explains Mr. Nadeau submitted a request for a Certificate of Compliance, but
that he has stored fill on the site, which was going to be used for grading. The Order had
expired and she advised him to close it out.
Mr. Nadeau states that he still wants to build a house but was waiting until work on Cabot
Street was completed so that he would know what the elevation of the road would end up
being.
Maxner suggests that the fill be removed before a Certificate is issued. Nadeau states that
he will still need to use the fill for when he does build the house. Lang suggests that
Nadeau file an RDA f or removing the fill from the 25-Foot No-Disturb Zone and
stockpiling it on other side of the lot and surrounded by hay bales, and once that is
complete he can come back for a Certificate. Nadeau agrees to file an RDA for moving
the fill.
Conservation Commission Meeting Minutes
June 15, 2004
Page 3 of 14
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 1 Melvin Avenue – construct deck – Ronald Janard
Maxner reads the legal notice.
Ronald Janard is present to discuss his project with the Commission. He is proposing to
construct a deck off the rear of his existing single-family house within Riverfront Area to
the Danvers River. Maxner conducted a site inspection and advised the applicant to stay
out of the 25-Foot No-Disturb Zone, which he has done with the exception of
cantilevering 3 feet of the deck into the No-Disturb zone. She provides photos for the
members to review.
Paluzzi asks how many footings will be used. Janard states that he will need 9 sonotube
footings and they will be out of the No-Disturb Zone.
Dr. Johnson moves to issue a Negative #3 Determination. Seconded by Paluzzi. All in
favor. Motion carries 5-0.
New: 500 Cummings Center – install steel bulkhead for water pump – Beverly
Commerce Park
Lang states that the representative is in the next room meeting with the Planning Board
and the Commission will address this item later when Mr. McSeeney is finished with the
Planning Board.
RECESS FOR PUBLIC HEARING
Paluzzi moves to recess for public hearings. Seconded by Hayes. All in favor. Motion
carries 5-0.
NOTICE OF INTENT
Cont: Lot B, Off Haskell Street, DEP File #5-826 – construct single family home –
Frank Romano
Peter Ogren, Hayes Engineering, presents for the applicant. This project involves the
construction of a single-family house within the Buffer Zone to Isolated Vegetated
Wetland and Bordering Vegetated Wetland. The hearing was continued to allow the
applicant to provide more information on drainage calculations for the project. Ogren
explains that the watershed for this lot is large, around 10 acres and he states that the
change in flow is very minor as a result of this project. He reviews the changes to the
plan that include a berm and piping to divert runoff from the driveway and house into the
IVW as to not exacerbate the down stream flooding.
Conservation Commission Meeting Minutes
June 15, 2004
Page 4 of 14
Hayes asks what the material for the driveway will be. Ogren states the access road will
be gravel and the driveway will be asphalt. Hayes asks if pervious pavers could be
considered for the driveway. Ogren states that may be a problem especially for the
winter and maintenance.
Maxner reads a letter from the Open Space Committee requesting that the foot path be
made of stone dust and be at least 6 feet in width and that public signs for passage be
provided at the Haskell Street entrance and at the beginning of the path. Ogren states that
6 feet is too wide and may invite motorized traffic. He states that the AMG property is
not explicitly open to the public and no signs will be posted inviting public access.
Lang asks what the square footage of disturbance would result within the 25-Foot No-
Disturbance Zone. Ogren states that the only work proposed within the 25-Foot No-
Disturbance Zone is that for utility placement within the existing access roadway.
Lang asks if there are any questions from the public.
Joan Murphy, Longmeadow Road, asks if the proposed well would need any other
approval. Ogren states that they are unsure if they will be doing a well, but that it would
need further approval from the Board of Health.
Warren Mitchell, 40 Haskell Street, asks if anyone has had a chance to observe the area
when there is heavy precipitation because it is a real problem and this project will only
exacerbate the situation.
Anne Marie Nehme, 10 Webster, refers to the neighborhood group’s consultant’s letter
dated June 15, 2004 from Bruce Jacobs of Jacobs Consulting Services. She urges the
Commission to deny the applicant’s request for waivers from the 25-Foot No-
Disturbance Zone and reminds the Commission that she has seen breeding within the
IVW even though none was found this year. She also refers to the letter written by the
neighborhood group addressed to Sean and Kerry Healey asking them to reconsider this
project (she provided a copy of said letter to the Commission for its record).
Liz Jones, 8 Webster, states that she thinks that the repositioned footpath is on the
Stantial’s property. Gwen Stantial, 32 Rezza Road, agrees and goes on to state that
flooding is phenomenal and she has video taped the area during the spring and areas of
the access drive are completely under water. She asks how this new development could
not possibly add to an existing flooding problem. Lang states that property line disputes
are not within the Commission’s jurisdiction to resolve. He explains that it is the
applicant’s responsibility to ensure no increased flooding occurs.
Dave Bouche, 7 Rezza Road, asks how the road will be left after the construction and
states that there is a large tree located near the mouth of the Stantial’s driveway and
Conservation Commission Meeting Minutes
June 15, 2004
Page 5 of 14
hopes that it will be untouched. Ogren states that the large tree will remain and should
not interfere with construction.
Mark Glovsky, Glovsky & Glovsky, represents AMG. He states that AMG may be
amenable to upgrading the drainage pipe if it would allay the neighbors’ fears. Some
discussion ensues relative to drainage upgrade within the access road.
Lang asks if there are any more questions from the Commission or the public. There are
none.
Dr. Johnson moves to close the hearing. Seconded by Paluzzi. All in favor. Motions
carries 5-0.
New: 500 Cummings Center – install steel bulkhead for water pump – Beverly
Commerce Park
Lang states that Mr. McSweeney, representative for Cummings, is now available.
Maxner reads the legal notice.
Gerard McSweeney, General Manager, Cummings Properties, LLC, represents the
applicant.
Mr. McSweeney states he is filing this RDA as requested by the Commission. He
explains this project is for the installation of a 5’x7’ steel bulkhead to contain an electric
water pump used to pump pond water for irrigation and cooling purposes pursuant to
DEP Water Withdrawal Registration #3-18-030.01. He also explains that he has been in
contact with Zach Peters from the DEP and he will be sending him additional
information. He also explains that the Park is well below their permitted withdrawal
rates as the area is no longer used for industrial purposes, and the Golf and Tennis Club is
now the largest user of the water.
Lang asks what the withdrawal rate of this new pump is. McSweeney states that it is
approximately 280,000 gallons per year, but it has not yet been used, but the 500 building
will soon be occupied.
Lang asks if there are any other questions from the Commission. There are none.
Paluzzi moves to issue a Negative #2 and #3 Determination. Seconded by Hayes. All in
favor. Motion carries 5-0.
Conservation Commission Meeting Minutes
June 15, 2004
Page 6 of 14
L.P. Henderson Road & Cabot Street, DEP File #5-774 – revision to access roadway
– New England Power Company
Michael Lotti, New England Power (NEP), is present to discuss this project with the
Commission. In preparation of the final plans for the Vitale Fly Ash Consolidation and
Habitat Restoration Project, NEP decided to move the temporary access road from the
location shown on plans submitted in May. He is asking for a Minor Modification to the
existing Order of Conditions. The proposed access roadway will impact less of the
resource area than the previously approved access roadway. He states it will be made
wide enough to accommodate a 6-wheel dump truck (approximately 26 feet in width).
Squibb asks what will happen to the road when the project is finished. Lotti states the
area will be returned to its original condition and replanted.
Lang asks if there are any further questions from the Commission. There are none.
Paluzzi moves to issue a minor modification to move the access roadway. Seconded by
Hayes. All in favor. Motion carries 5-0.
Cont: 150 Sam Fonzo Drive, Lot 1C, DEP File #5-844 – construct building with
associated parking lot, utilities, landscaping and grading – S & D Real Estate Trust
Peter Ogren, Hayes Engineering, represents the applicant. This project involves
construction of a 21,000 + square foot manufacturing building, parking and associated
appurtenances within the Buffer Zone to Bordering Vegetated Wetland and Isolated
Vegetated Wetland and within the 25-Foot No-Disturb Zone. A revised plan has been
received for the project. Peter Ogren, Hayes Engineering, presents for the applicant.
Ogren stated that Dr. Gary Sanford inspected the IVW, and it does function as a Vernal
Pool, although, he adds, it was not the most productive pool. He goes on to explain that
the pool was a result of excavation activities in the past. As a result of the Vernal Pool
determination, the access driveway has been moved to the Airport side of the site as the
most valuable habitat for the pool species is the adjacent wooded wetland to the west.
The stone dust path way will allow the salamanders to migrate back and forth with
greater ease.
Lang states that Dr. Sanford’s report and the modified plan are a lot for the Commission
to absorb tonight and thinks it is appropriate to schedule a site inspection to look at the
pool again. Members agree this hearing should be continued. Ogren states he is willing
to continue the hearing.
Lang asks if there are any questions from the public. There are none.
Conservation Commission Meeting Minutes
June 15, 2004
Page 7 of 14
Paluzzi moves to continue the hearing to the July 6, 2004 meeting, pending a site
inspection scheduled for Thursday, June 24, 2004 at 6:00 p.m. Seconded by Hayes. All
in favor. Motion carries 5-0.
Cont: West Street, DEP File #5-848 – construct single family home – Dr. Edmund
and Marie Carnevale
John Dick, Hancock Associates, presents for the applicant. This project involves the
construction of a single-family home within Riverfront Area, Buffer Zone to BVW, and
100-Year Flood Plain. He explains the site inspection was held Saturday, June 12, at
9:30 a.m. He states that the City sewer and Chubb Brook drainage upgrade project will
be utilizing this site and a portion as a sewer easement, and explains that to lay the sewer
pipe, a jacking pit will be used, and that the resident engineer from Camp Dresser &
McKee will be supervising the project. He explains that the tide gate will be removed as
will portions of the headwall within the brook, and mosquito control will come in later to
clean the brook out.
Lang asks what the square footage of alteration will be in the Riverfront Area. Dick
states it is 1,256 square feet for the driveway and 846 square feet for the house, and adds
that it is well under the 10% threshold as per the Regulations.
Hayes asks if the applicant intends to live in the house to be built. Dick states that the
applicant is building this house on speculation and intends to sell it.
Dick states that the applicant is willing to develop a replanting plan after the City moves
off the site, and he thinks that the soils on site should not be reused and that new richer
soil should replace it.
Lang asks if there are any questions from the public.
Robert Lewis, 905 Hale Street, states that he has lived at his house for 22 years and asks
if the Commission has ever had an independent expert look at project sites. He also
states that this project will result in incremental exacerbation of an already severe
flooding problem, and thinks that once the City takes out the tide gate and headwall in
that section of brook that the bank will probably widen and further encroach onto the
subject property. He asks how the grade from the road to the house will be handled.
Dick responds that fill will have to be brought in for a section of the driveway.
Gale Davis, owner of adjacent lot Map 38-42A, asks why this project cannot wait until
the City’s Chubb Brook project is finished, she thinks this project will be very
detrimental to the area’s existing flooding problem. She explains that the subject lot is
under water and flooding overflows onto West Street and sometimes people are unable to
drive through this area because the water is so deep.
Conservation Commission Meeting Minutes
June 15, 2004
Page 8 of 14
Lang questions whether the elevations depicted on the plan reflect the field conditions
based on his observations of the site and states that based on another project at 84 West
Street, flood elevations were examined and the FEMA elevations were suspected to be
incorrect based on site observations. Dick states that his colleague shot the elevations
and he believes them to be correct and that the FEMA maps are the only tool that
provides the necessary information at this point in time.
Paluzzi asks a clarifying question about the area for compensatory storage. Dick states
that it was a pile of fill that was dumped there at some point in the past.
Lang contends that the elevations in that area are suspect and thinks that the
compensatory storage area is not adequate.
Hayes asks what will happen to the cars parked in the driveway during precipitation
events. Dick states that the cars will be partially immersed in water and they will have to
be removed from the site during flooding events; he adds that this site floods and there is
nothing that can be done about it.
Lang asks if there are any further questions from the Commission. There are none.
Lang asks if there are any further questions from the public. There are none.
Paluzzi moves to close the hearing. Squibb seconds. All in favor. Motion carries 5-0.
Cont: 2 Boyles Street, DEP File #5-816 – Manor Homes at Whitehall
Maxner reads a letter from the applicant’s representative requesting a continuance.
Paluzzi moves to grant a continuance to the July 6, 2004 meeting. Seconded by Hayes.
All in favor. Motion passes 5-0.
New: 4 Cavendish Square – construct in-ground pool and appurtenances – Michael
Bernfeld
Johnson recuses himself from this hearing and leaves the room.
Maxner reads the legal notice.
Bill Manuell, Wetlands & Land Management, Inc., and Mr. & Mrs. Bernfeld are present.
Manuell explains the Bernfeld’s are proposing to construct an in-ground swimming pool
and associated appurtenances within the 25-Foot No-Disturbance Zone to Bordering
Vegetated Wetland bordering to an Intermittent Stream. They are also proposing to
widen the driveway and remove existing pine trees and to construct a 10’ x 12’ shed
within the BVW. As mitigation they are proposing to convert 460 square feet of upland
to vegetated wetland located within the existing BVW.
Conservation Commission Meeting Minutes
June 15, 2004
Page 9 of 14
Maxner suggests the Commission continue the hearing to conduct a site inspection, and
mentions that the USGS map indicates that the stream that runs through this area is
marked as perennial. Manuell states that the status of the stream had been determined
intermittent under a previous filing and that the streambed has been observed dry.
Lang states that there is quite a bit of activity proposed within the No-Disturb Zone and
the wetland and thinks the Commission should see the site. Members agree to schedule a
site inspection.
Lang asks if there are any questions from the public.
Patricia Cohen, 6 Cavendish Square, states she is concerned about flooding increasing on
her property due to the displacement of groundwater for the pool. She is also concerned
about encroachment on privacy and aesthetics. Lang states flooding issues can be
discussed further at the site inspection and continued public hearing.
Paluzzi moves to continue the hearing to the July 6, 2004 meeting, pending a site
inspection scheduled for Thursday, June 24, 2004 at 6:45 p.m. Seconded by Hayes. All
in favor. Motion carries 5-0.
Johnson returns to the meeting.
New: 150 Sohier Road – amendment #2 to DEP File #5-765 – installation of injection
wells – Shaw Environmental
Maxner reads the legal notice.
Lawrence Nesbitt, Shaw Environmental, Inc., represents the applicant. He explains there
is an existing Order of Conditions for work involving remediation activities on the former
Varian Site, which included installation of monitoring and injection wells. Remedial
activities involve the destruction of volatile organic compounds in soil and groundwater
using sodium permanganate. The existing Order was for the installation of 14 monitoring
and injection wells in Buffer Zone to Inland Bank. Shaw Environmental is now
requesting a second Amendment to the Order for the installation of up to 5 new wells as
well as the activities associated with injecting the sodium permanganate. The activities
associated with the actual injection of the permanganate was dealt with through a Request
for Determination of Applicability, and with this Amendment request, Shaw is looking
for the Commission to approve injection activities under the Order as well.
Squibb asks what is done with the spoils from the excavation for the wells. Nesbitt states
that they are handled with great care and taken off site to a licensed facility.
Lang asks if there are any further questions from the Commission. There are none.
Conservation Commission Meeting Minutes
June 15, 2004
Page 10 of 14
Lang asks if there are any questions from the public. There are none.
Paluzzi moves to approve the amendment and close the hearing. Hayes seconds. All in
favor. Motion carries 5-0.
New: Bridge Street, Lot 5A, 17, 18A, 18C – construct two single-family homes, etc. –
Curtis Jones
Maxner reads the legal notice.
Robert Griffin, Griffin Engineering, Attorney Carmen Frattaroli, and Curtis Jones are
present. Griffin explains the applicant proposes to improve upon an existing right of way
off of Bridge Street and construct two-single homes within Buffer Zone to Bordering
Vegetated Wetland and Isolated Vegetated Wetland. Griffin provides an overview of the
existing conditions plan with the lots outlined, wetland lines and Buffer Zones. He
explains the common driveway coming off of Bridge Street, having a 6% grade down to
the houses, will end in a hammerhead configuration ending with a retaining wall. The
only work proposed within the 25-Foot No-Disturbance Zone is that involving temporary
disturbance for sewer and utility installation within the existing right of way coming off
of the end of Virginia Avenue; the sewer will be a gravity system, which is preferred by
the City’s engineering department. He states the roof runoff from the houses will be
directed into dry wells.
Griffin explains that there will be a double baffle catch basin receiving runoff from the
driveway, which will work in conjunction with a sediment separator.
Lang asks if the Isolated Vegetated Wetlands function as Vernal Pools. Griffin states that
the IVW was not investigated for Vernal Pool function, but that the plan calls out the
100-Foot No-Disturbance Zone and no permanent activity, aside from utility installation,
is proposed in that area.
Paluzzi asks if trees will be removed for the utility installation. Griffin states that he does
not anticipate the need for tree removal, but if that is the case the applicant would be
willing to replant.
Lang asks if there are any questions from the public.
Robert Taylor, 23 Virginia Avenue, expresses his concern about large trees with lateral
roots, which will incur damage, and maybe even die, from excavation of the trench.
Francis McGee, son of Lorraine McGee 6 Kathleen Drive, asks what percentage of lot 5A
is wetland. Griffin states the lot is approximately 40-50% wetland.
Conservation Commission Meeting Minutes
June 15, 2004
Page 11 of 14
Lorraine McGee, 6 Kathleen Drive, expresses her concern about the use of fill up
gradient from her and the problems of flooding in her basement and the wetness of her
hard. She is fearful of these problems being exacerbated by this project, and thinks that
the wetland is growing larger.
Lang asks what the zoning constraints for the positions of the houses are, as the houses
seem to be very close to the edge of the No-Disturbance Zone. Griffin states the area is
zoned R10 and the easterly house is approximately 5 feet from that Zone. Frattaroli
states that the shapes of the houses are fluid and the applicant would be willing to
consider changing them.
Maxner states that she consulted with Mike Collins, DPW Director, and he had made
some suggestions for the plan and they included:
·
Two additional catch basins be placed near the end of the access drive
near the houses;
·
The sewer manhole should have the proper elevation to ensure it does
not get flooded, as that area floods frequently;
·
The water main should be 8 inches as opposed to 6 inches to ensure
proper pressure in case of a fire.
Lang states that a site visit is appropriate for this project. Members agree that a
continuance is necessary and discuss a time for a site inspection.
Lang asks if there are any further questions from the public. There are none.
Squibb moves to continue the hearing to the July 6, 2004 meeting, pending a site
inspection scheduled for Thursday, June 24, 2004 at 7:30 p.m. at Virginia Avenue.
Seconded by Paluzzi. All in favor. Motion carries 5-0.
Maxner asks if the public is welcome to attend the site inspection. Frattaroli states that
the public is welcome.
OLD/NEW BUSINESS
Cont: 24 Meadow Road – EO, James Pica
Maxner explains an Enforcement Order was issued for 24 Meadow Road for the
unauthorized construction of a stone foundation structure, arched bridge and large piles
of yard waste and debris in the BVW resource area. A site inspection was held on June
12. The Commission discussed this issue and made observations at the site visit and it
determined the following actions are necessary to come into compliance with the
Wetlands Protection Act and Beverly Wetlands Protection Ordinance:
Conservation Commission Meeting Minutes
June 15, 2004
Page 12 of 14
·
Remove all fill, wooden decking and stone and mortar that constitutes the stone
foundation structure/retaining wall within the wetland, except for the portion of
the stone wall that supports the arched bridge;
·
Remove the piles of grass clippings and yard waste that extends just beyond the
stone wall structure all the way to existing grade;
·
The fallen trees and tree trunks within the wetland are to remain and decompose
naturally.
The Commission set a deadline for these actions to be completed no later than Sept. 30,
2004.
Paluzzi moves to ratify the Enforcement Order for 24 Meadow Road. Seconded by
Hayes. All members are in favor. Motion carries 5-0.
Cont: 660 Cabot Street – Alan Houde
Maxner inspected this property pursuant to an application to erect an above ground
swimming pool and found a sloped area adjacent to a wetland dumped with yard waste,
cut brush and branches and construction debris. The Commission held a site inspection
on June 12. As a result, the members determined that the dumped construction debris
and yard waste must be removed in its entirety from the wetland and the side of the slope
adjacent to it.
The Commission established a deadline of no later than July 31, 2004 for these corrective
actions to be completed, and will withhold the pool permit until said areas has been
cleaned. Maxner states she will write a letter to the Houde’s to that effect.
Cont: 79 Conant Street – Mark Pietrini
th
The Commission held a site inspection on June 12 to observe trees cut on this property,
which is within Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. The
Commission discussed the observations made during the site inspection and determined
that the following corrective actions need to be taken to come into compliance with the
Wetlands Protection Act and the Beverly Wetlands Protection Ordinance:
·
Remove all of the chipped/mulched woody material all the way to existing grade
from the area at the top of the slope along the yard to the base of the slope at the
edge of the wetland;
·
Contact the Commission or its agent when this has been completed so that a site
inspection can be conducted;
·
Develop and submit a replanting plant that consists of native vegetation (both
woody and herbaceous species) that is adapted to moist/wet soil conditions, no
later than August 15, 2004 for review and approval by the Commission.
Conservation Commission Meeting Minutes
June 15, 2004
Page 13 of 14
Maxner will send a letter to Mr. Pietrini to that effect.
ORDERS OF CONDITIONS
West Street
Discussion takes place regarding the compensatory flood storage area. Lang states he is
not convinced that the applicant has adequate compensatory area and thinks that the
elevations closest to the road are inaccurate, he suspects that they are lower than depicted
on the plan.
Hayes expresses concern about future activities on the site, and is worried that a
speculation house will not suffice for that upscale neighborhood. He also has concerns
about protection of groundwater as the future owners will have not storage space but on
the ground and he is worried that there is a potential for fuels from cars, recreation
equipment and propane/gas grills will cause contamination.
Paluzzi is doubtful that the area of compensatory flood storage is adequate and is
concerned that landscaping will take further flood storage away. He states that based on
his observations during the site inspection, he agrees with Lang that the elevations are
wrong.
Lang asks for a motion to issue an Order of Conditions with Standard Conditions and the
following Special Conditions as discussed by the members:
1. Clean replacement soil shall be used and a re-planting plan shall be
developed for the site as well as for the BVW and 25-Foot No-
Disturbance Zone.
2. A restriction shall be placed on the deed restricting any further
structures on the site.
3. A signed statement from the buyers acknowledging the Order of
Conditions shall be submitted to the Commission as soon as the lot is
sold.
Johnson moves to approve the Order of Conditions. Seconded by Squibb. Paluzzi, Lang
and Hayes are opposed. Motion fails. Project is denied.
OLD/NEW BUSINESS – CONTINUED
7 Margaret Avenue – EO
Maxner explains she issued an Enforcement Order to Dennis Britton of 7 Margaret
Avenue for the unauthorized cutting of trees within 100 foot Buffer Zone to Coastal Bank
and 200 Foot Riverfront Area to the Danvers River without a valid Order of Conditions.
Conservation Commission Meeting Minutes
June 15, 2004
Page 14 of 14
Lang states he would like to know where the resource areas are and where the limit of the
Riverfront Area is. The Commission discusses what corrective actions Mr. Britton
should take. The Commission votes to direct the violator to hire a professional wetland
scientist or other qualified professional to delineate all resource areas and associated
Buffer Zones on site, and submit a plan depicting such and appear before the
Commission at its July 6, 2004 meeting.
Paluzzi moves to ratify the Enforcement Order. Seconded by Hayes. All members in
favor. Motion carries 5-0.
13 Landers Drive
Maxner states that she received a phone call from an abutter to 13 Landers Drive with
concerns about Mr. DeMarco not planting as he was directed. Maxner explains that she
has spoken with DeMarco and he has planted the blueberry bushes but not the trees. She
adds that the Order of Conditions did not specify a timeline for the replanting.
Lang suggests that Maxner call DeMarco and ask for a schedule for when he is going to
plant and suggests that he do so by the end of the summer growing season.
Adjournment
Paluzzi moves to adjourn. Seconded by Dr. Johnson. All members in favor. Motion
carries 5-0.
The meeting is adjourned at 12:30 a.m.