CONSERVATION COMMISSION
AGENDA
Jan. 5, 2017 at 7:00pm
Town Hall, 663 Main Street
PUBLIC HEARINGS AND APPOINTMENTS
REQUEST FOR A DETERMINATION OF APPLICABILITY (FRD); NOTICE OF INTENT (NOI), ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION (ANRAD), ORDER OF CONDITIONS (OOC)
In Attendance: Rebecca, Jeff, Jeff, Karen, Brian
7:00 pm Public Meeting Continued – NOI – Seven Bridge Rd (Lancaster) – Maria Moreira – installation of culverts between agricultural property & MassWildlife (Flatts)
Chair Brian continued public meeting. Rebecca notified the commission that Maria had reached out via phone to request a continuance until the dry season. Maria had in mind that because the work cannot be completed if approved until after the growing season that they would wait until next fall or until the next dry season. Brian and Jeff asked if plans would be submitted prior to the dry season in the mindset that the commission would be able to approve or suggest a revision to the plan prior to the season when the work would be done. This would be proactive and allow everything to be in place. Rebecca agreed and will reach out to contact Maria to suggest this as it would be in her best interest and the projects in order to be most
efficient. Maria was not present at the meeting as she had requested the continuance prior to the meeting. Chair Brian made motion to continue to April 4th, Karen 2nd, all unanimously approved.
7:15 pm Public Hearing – OOC vote – Lot 1 Century Mill Road – Scott Goddard
Chair Brian makes a motion to take a vote on special conditions for lot 1 Century Mill Rd. All are given a moment to review the special conditions as drafted by the commission, Karen 2nd and all unanimous. Scott reminded Rebecca to fix a mistype in the 1st lot and send the OOC to Scott to be recorded with the registry.
7:30 pm Public Hearing – NOI – 22 West Berlin Rd, Taylor Property – continuance requested – open public meeting at 7:07 consider notice of intent for clearing and remediation – 7th of February – engineered plans- abutters
Leo Garneau was not present at the meeting and the day before had emailed and called as to the cancellation. He requested on behalf of his applicant that the meeting be continued until February 7th. The reason being that NHESP has concerns as well that seem to follow what the commission would be requesting of the applicant as well. Therefore the commission and Leo see fit to allow the water resource delineation survey to be completed along with the requirements from NHESP in order to reduce the repetitiveness in potential concerns that would otherwise go unanswered. The abutters of 22 West Berlin Rd. were present and actively requested information to clarify the extent of what has been done in the field in terms of the violation along with future steps,
plans and repercussions if there is not a continued Cease and Desist state in place until the decision is made by the commission. The abutters were reminded that the property owner was issued and is aware of the Cease and Desist delivered at the beginning of this violation. However there are other repercussions that are associated in terms of enforcement orders and daily fees if necessary. The property owner has been compliant with the Cease and Desist order thus far. The following information was also discussed and shared at the meeting:
Clarification of project and how replications work following a filing for the NOI once NOI is issued it is on them – clarification of clear cutting streams Everyone is bearing witness to what is happening to report the clearing – people did not want to be identified. Mr. Taylor seen on property multiple times throughout the property.
NOI for the previously disturbed areas of 22 West Berlin Rd. Along with the description of work that is proposed to be done. DEP has made the following comments when assigning the DEP number:
This project does not qualify as an ecological restoration limited project
Appendix A need not be included
Sections C & D should be completed
Response from NHSEP must be received prior to closing the NOI hearing
Aerial images do show the land directly east of the perennial stream have
not been recently used right up to the top of the bank
the southeastern field was not used prior to clearing
NOI does not address stumps and debris that have been pushed into the edge of a small pond at the northern limit of clearing
NHESP biologist reached out via phone call and stated they would follow up after their own meeting regarding the property (NHESP will meet 12/28/2016). They are interested in rare and endangered species and a potential ‘take’ situation TBD. There also may be an intermittent stream at the opposing line of the
agricultural field of which is solely the Commission’s jurisdiction in conjunction with other wetland resources throughout town.
Chair Brian made a motion to continue the public hearing until February 7th 2017, Karen 2nd and all unanimously agreed.
OTHER COMMISSION BUSINESS (MAY BE TAKEN IN ANY ORDER)
The minutes for the last meeting 12/08/2016 will be approved at the next meeting as the commission had not yet reviewed the draft minutes.
The open space and recreation plan has recently distributed directions on how to access the survey. The town was reminded that you can access a print copy and return the survey to Town Hall once completed. The mapping that will accompany the OSRP has been productive as well in creating a map that will enable the creation of target maps showing various resource areas from hydrology to open space.
Land Maintenance – Jim Henderson
Jim Henderson was present to give a brief introduction to various services offered by Henderson Striker Company related to land management and invasive removal/treatment. Jim also gave the commission a review of work accomplished at Bower Spring and Butternut. He was able to show the commission incremental management throughout their work this year as well as work that had been done in the past. The commission asked that we review the land management plan for Bower Springs to see if it is necessary to continue in that direction for future land management.
The commission discussed moving meetings to the 1st and 3rd Tuesday of each month. The next meeting will be February 7th 2017.
Chair Brian made motion at 8:53pm to close public meeting, Jeff Bryan 2nd, all unanimously approved.
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