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2004-01-06 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 6, 2004 BOARD MEMBERS PRESENT: David Lang (Chairman), Tony Paluzzi (Vice Chairman), Linda Goodenough, Dr. Mayo Johnson, Eileen Duff, William Squibb and Ian Hayes BOARD MEMBERS ABSENT: OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Certificate Of Compliance 28 Cliff Street, Therialt, DEP File #5-767 Maxner states the Commission has received a request for a Certificate of Compliance for 28 Cliff Street. She stated that she has conducted a site inspection and the addition to the house measured out to the exact specifications on the proposed plan. She explains that Mr. Therialt removed a very large truckload of debris and foreign material from the Coastal Bank as required by the Special Condition within the Order. She states that Mr. Therialt has requested a waiver from the requirement of an as-built plan and affidavit from a P.E. or P.L.S. Paluzzi asks if the site is stable. Maxner states that it is, and the area of disturbance seemed to be limited to the immediate area of the foundation for the addition, grass is growing and she observed no exposed soil. Goodenough states that this project seemed to be very straightforward and does not see a problem with waiving the as-built and affidavit requirement, considering the project has been completed with no deviations from the proposed plan. Paluzzi moves to issue a Certificate of Compliance with a waiver from Condition # 40 (2) & (3). Seconded by Goodenough. All members are in favor. Motion carries 7-0. Conservation Commission Meeting Minutes January 6, 2004 Page 2 Recess for Public Hearing Paluzzi moves to recess for public hearing. Seconded by Johnson. All members are in favor. Motion carries 7-0. Cont: 2 Boyles Street, Manor Homes at Whitehall, DEP File #5-816 Maxner reads a letter from the applicant requesting a continuance to the February 3, 2004 meeting. Paluzzi moves to grant a continuance to the February 3, 2004 meeting. Seconded by Duff. All members are in favor. Motion carries 7-0. Cont: Off Boulder Lane, DEP File #5-815 Maxner reads a letter from the applicant requesting a continuance to the March 23, 2004 meeting. Johnson moves to grant a continuance to the March 23, 2004 meeting. Seconded by Hayes. All members are in favor. Motion carries 7-0. Cont: 302, 320, 332, 400 Hale Street – construction of portion of dormitory, with associated paving, grading and site work – Endicott College Bill Vitkosky represents Endicott College, and states this project involves the construction of a new dormitory and associated appurtenances within the Buffer Zone to an Isolated Vegetated Wetland, as well as wetland restoration activities in a historically filled Bordering Vegetated Wetland located to the north of the subject site. He recalls the site visit conducted on Saturday January 3, 2004. Joe Orzel, Gulf of Maine, states he surveyed the Isolated Vegetated Wetland in May of 2000. He states he did not find any Vernal Pool indicators and feels confident that this area is not a Vernal Pool. Lang asks if there was significant rainfall in May of 2000. Orzel replies that approximately 9 inches of rain fell in April of 2000 and that spring was generally quite wet. Lang speculates if the amount of precipitation would have caused a current that would have destroyed any egg masses. Orzel states that the Superseding Order of Resource Area Delineation characterized this area as Isolated Land Subject to Flooding (ILSF), but believes that it was a typographical error and states that the area is called out as an Isolated Vegetated Wetland in this application. Lang asks the criteria for ILSF. Orzel states it is a ¼ acre foot to the depth of 6 inches, and states he calculated runoff to the area in question as ½ acre foot. Orzel goes on to explain the restoration of the Bordering Vegetated Wetland. He hands out a Conservation Commission Meeting Minutes January 6, 2004 Page 3 plan dating from 1961 that shows some historic elevations between the existing fill. He provides an overview of the proposed restoration activities and plant species to be used. Bernie Paquin, Dana Perkins Inc., Steve Goldin, Gloucester, Massachusetts expresses concern about the amphibians, storm water management. He recommends that the Commission send the application to MEPA for an opinion (Environment Impact Report) before permitting any activity at the site. Maxner asks if there is any way to reconfigure the parking. Paquin responds there are two issues: reducing the affect on the neighbors and encroaching their property and providing adequate access for life safety/emergency vehicles. Goodenough states she would prefer that the resources not be disturbed at all. Pauin responds that the applicant tried to do that in every way possible without eliminating the parking entirely. Hayes asks if there is a shortage of parking elsewhere on campus. Vitkosky responds that 60% of students on campus have cars, which would mean they would need 113 spaces and the college is only providing 63 parking spaces. Lang asks why the applicant is exempt from MEPA for this project. Vitkosky responds that this particular project is a consolidation of students coming in from across the street, the overcrowding throughout the campus and also taking the students from the modulars. The population of the campus is not being increased by doing this and Endicott believes it is a stand alone project and not part of a Master Plan. Lang states that there is a Master Plan and he thinks there is a point in time when the Commission needs to know the ultimate plan because of the affect on many of the resource areas. He states he would be inclined to ask for a continuance and check to see if MEPA regulations apply to this project. Vitkosky states Endicott has hired a consulting firm to work on a Master Plan but it is a very long process. Duff asks if all of the work that has taken place over the years was not part of a Master Plan. Vitkosky responds that he is new to the College and would not be able to answer that question as he is not intimately knowledgeable of it history. Lang recommends that the applicant come back to the next meeting and revisit the parking (keeping in mind that you want to keep it out of the resource areas) and reroute the storm water. Lang asks if members of the public have any questions. Renee Mary, 274 Hale Street asks a clarifying question regarding the configuration of the parking Conservation Commission Meeting Minutes January 6, 2004 Page 4 lot and sidewalks. She recommends that the Commission request the applicant to provide a build out plan with aerial mapping. 228? Cheryl Rao, Hale Street reads a letter into record requesting the following: 1) The college must submit a Master Conservation and Development Plan so that the environmental impact can be properly assessed. 2) An assessment of blasting impact on the area’s hydrogeology should be required. 3) An alternative plan must be developed by the College to satisfy the needs of the environment and surrounding community. 4) The matter of the abutter’s basement flooding must be satisfactorily addressed. Mr. Rao, 228 Hale Street states he thinks there are other ways to provide parking without impacting the resource area. Duff asks more about the reference made about flooding of an abutter’s basement. A member of the public expresses concern that he has not seen any plan about how the college plans to manage the water. Maxner asks if a restriction could be placed on the number of cars or if the college could find a creative way to stave off the parking for a year. Doug ______, Assistant Director of Facilities at Endicott College states in order to expand parking any other place on the campus would require either blasting or tree removal, which at that point, just to create parking, the college is reluctant to do. The parking situation is a constant concern for the college. Maxner states the college may be creating a problem for itself allowing 6% of its population to have cars and not creating a restrictive policy. _______ states he will address rerouting the drainage pipe the building known as “the ledge,” will check with MEPA and will try to look for other areas for parking. Paluzzi moves to continue the hearing to February 3, 2004. Seconded by Hayes. All members are in favor. Motion carries 7-0. 3 Temi Road, Enforcement Order Maxner informs the Commission that she received an anonymous call on December 30, 2003 about possible wetlands violations, cutting of vegetation, at 3 Temi Road. She states she conducted a site visit, met with Mr. Minkov, the owner, and took photos. A large swath of vegetation was cut. She explained the Wetlands Protection Act and local Ordinance and issued an Enforcement Order requesting his presence at this meeting to discuss corrective actions. Conservation Commission Meeting Minutes January 6, 2004 Page 5 Mr. Minkov explains that he was completely unaware of any laws that prohibit cutting vegetation on private property as he has moved to the states from Russia and has not been in the area very long. He apologizes for his violations and is willing to follow any direction that comes from the Commission. John Coleman, neighbor to Mr. Minkov, states the Mr. Minkov is a wonderful person and would not do anything against the law, and that this is a true case of ignorance for the law. He is confident that he will be mindful from this point forward. Lang recommends that members look at it and report back to Maxner and that she will be in touch with Mr. Minkov to advise him further. New: Election of Officers Paluzzi moves to nominate David Lang as Chairman of the Conservation Commission. Lang accepts the nomination. Seconded by Johnson. All members are in favor. Motion carries 6-0-1, Lang abstains. Dr. Johnson moves to nominate Tony Paluzzi as Vice Chairman of the Conservation Commission. Paluzzi accepts the nomination. Seconded by Goodenough. All members are in favor. Motion carries 6-0-1, Paluzzi abstains. 780 Cabot Street Maxner states a gentleman that lives at 780 Cabot Street approached her about the wetland behind his property. He and his wife noticed that there is a lot of construction debris, asphalt and junk dumped and they would like to clean it up. She visited the site and took photos for members to review. She asks the Commission if they would expect a Notice of Intent for the activity. The members agree that the resident would have to file with the Commission before any activity is conducted. Fine Ticket Maxner states she has prepared a draft version of a “fine ticket” for wetlands violations. She will request Bob Munroe, the Assistant City Solicitor, to review it and will bring it back before the Commission at the next meeting. Approval of Minutes Goodenough requests Maxner to add comments regarding the Vitale site to the December 9, 2003 meeting minutes. Paluzzi moves to approve the minutes dated December 9, 2003 as amended. Seconded by Conservation Commission Meeting Minutes January 6, 2004 Page 6 Goodenough. All members are in favor, Squibb and Duff abstain. Motion carries 5-0-2. 3 Temi Road – Enforcement Order Paluzzi moves to ratify the Enforcement Order for 3 Temi Road. Seconded by Johnson. All members are in favor. Motion carries 7-0. Vitale Site Discussion The members discuss the Vitale site. Goodenough states she would like the Conservation Commission to send a letter to City Council stating that the Vitale Site is under the Conservation Commission’s jurisdiction and in the future would like to be part of discussions regarding the site. Duff states the property was given to the Conservation Commission in perpetuity very specifically for Conservation land and nothing else, and believes the Commission was in error to turn over its use to ball fields. Lang expresses concern about the integrity of the Conservation Commission and he doesn’t want to get in a difficult position in trying to regain There is discussion regarding preparing a reminder to the City Council of the Commission’s jurisdiction and keeping the lines of communication open. Adjournment Paluzzi moves to adjourn. Seconded by Hayes. All members in favor. Motion carries 7-0. The meeting is adjourned at 9:30 p.m.