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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.