FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, David Flanders, Pam White, Bruce Bartels, Russell Walton Conservation Officer, Associate Commissioner Russell Maloney and Chuck Hodgkinson. Also attending: Bret Stearns, Kathy Bega, Jacqueline Mendez-Diez, Ian Fein (MV Gazette), Georges Sourati, Patti Lincoln, Ann Boyer, Edward Miller, Monina Von Opel, Rex Williams, Marcy Slater, Robert & Linda Zeltzer, Helen Parker, Rhoda Diamond and Rafe Teller. Absent: Ray Kellman.
Mr. Steves opened the public meeting at 1:30 PM.
OCTOBER 5, 2005 MEETING MINUTES: The minutes from the 10/05/05 meeting were reviewed. After discussion, Ms. Goff made a motion to approve the minutes with minor corrections. Mr. Bartels seconded and the vote was five in favor with one abstention (Maloney).
RUSTY WALTON REPORTS: Mr. Walton summarized his site visit to the Smiley property; Map 20 Lot 41; SE 12 – 455: The Commission took Mr. Walton’s observations under advisement and asked him to continue to monitor the project and let them know if there are any changes to the Notice of Intent.
GEORGES SOURATI FOR PATTI LINCOLN; Map 26 Lot 3; SE 12 – 490: Mr. Steves opening the continued hearing at 2:00 PM. Mr. Sourati summarized the plan to build a new garage with a bedroom above and the Commission’s past request to relocate the garage. Mr. Sourati mentioned the current location is 62 feet from the wetland and the abutting neighbor did not consent to a new location that is partially out of the buffer zone and less than the required 50-foot setback from his property line. He added that Ms. Lincoln is willing to make the garage 4 feet shorter but does not want to change its original location. The Commission reiterated it is reluctant to permit a new structure -- particularly one with living quarters -- that has 100 percent of the structure located in the buffer zone
and asked if there are any other possible locations. Mr. Sourati pointed out a possible alternative spot that would require cutting down a grove of beech trees. He added Ms. Lincoln wants to preserve the trees.
Mr. Steves asked the Conservation Officer if there would be less impact on the wetland if the structure had no living space. Mr. Walton commented that this is still not desirable and the living space increases the use activity of the building and its impact on the buffer zone. Mr. Steves asked for comments from the audience. There were none. With no further discussion the hearing was closed at 2:09PM. Ms. Goff made a motion to deny the Notice of Intent on the grounds that the proposed location is 100 percent within the buffer zone. Mr. Bartels seconded and the vote was five in favor to deny with one abstention (Maloney).
Mr. Flanders excused himself and left the meeting.
BRET STEARNS FOR BLUM TRUST NOI SE 12 -498; AP 20; 58, 59: Mr. Steves opened the public meeting for the Blum Trust NOI SE 12 – 498 at 2:15 PM. Mr. Stearns read a letter from the owners for the record dated October 12, 2005. The key revisions included: dismantle the BBQ & stone sitting area and restore the buffer zone with natural vegetation. Mr. Stearns continued and read a revised proposal letter and revegetation plan with six planting zones both of which were dated 10/17/05. Both letters were supported with a revised site plan dated 10/18/05. In all, over 2000 sq. ft. of sod grass will be replaced with natural vegetation. This revegetation plan applies to both the NOI SE 12 – 498 and the RFD application for the stage and sod planting.
The Commission continued discussion on the changes and concluded they appreciate the permanent removal of the BBQ and sitting area but, would not approve the current location of the
fire pit because it is 35 feet from the wetland.
A request from the audience was made to allow further public comment on the new information being presented. Mr. Steves granted the request.
Ann Boyer requested that her October 5 testimony be changed. She said she changed her mind and is not comfortable with the fire chief’s safety requirements for the fire pit.
Robert Zeltzer said from his past experience on the MV Commission it seems it is easier to forgive than give permission and asked the Commission to not give its permission for the fire pit merely because it is already built. He asked them to consider whether or not it would have been approved in the first place.
Mr. Steves repeated that the Commission would have refused the fire pit’s location because it is only 35 feet from the wetland. He continued to explain the significance and differences between the first and second 50-foot sections of the buffer zone -- from the wetland.
Mrs. Zeltzer asked if other people have built things in the past without permits and later returned asking for permission—and how the Commission has voted on these cases in the past.
Mr. Steves explained that this was covered in the public hearing on October 5 and commented that it has happened in the past. The Commission added that when this happens it usually involves clearing or pruning vegetation in the buffer zone that tends to do more damage than this work. Mr. Steves added that the Commission is treating this as fairly as any other resident’s application.
Mr. Stearns proposed moving the fire pit to a new location that is more than 50 feet from the wetland’s edge.
Ms. Goff made a motion to accept a new location for the stone fire pit that is at least 50 feet from all wetland edges and moved closer to the cabins. She added that the cement will be removed from the current location and the soil should be restored. Mr. Steves added a condition that the new location should be coordinated with the Conservation Officer to minimize damage and specify how the ground will be replaced. Mr. Bartels seconded and the vote was four in favor with one abstention (Maloney).
BRET STEARNS FOR BLUM TRUST RFD AP 20; 58,59: Mr. Steves officially opened the public meeting for the RFD application regarding the sod grass and locust platform/stage. Bret Stearns referred to the six planting zones presented earlier and proposed leaving the platform/stage in its current location—22 feet from the wetland.
Helen Parker asked if the commission would accept this location -- within the first 50 feet of the buffer zone -- if it were not already built? Mr. Stearns said he is not prepared to propose a new location for the stage at this time.
Abutter Rex Williams commented that he understands the Commission’s jurisdiction is with the wetland. He said he did not want the stage any closer to his house.
Mr. Bartels commented that he thought the project should be denied because of its location.
Mr. Steves proposed that the RFD be voted in two sections – the sod grass proposal and the stage.
Mr. Bartels made a motion for a negative determination on the proposal to replace 2000 sq. ft. of sod with natural vegetation and a positive determination for the stage on the grounds that the stage’s activity and location in the first 50-foot buffer zone is detrimental to the Wetlands Protection Act. Ms. Goff seconded the motion and explained the applicant will have to file a Notice of Intent for the stage if desired. The vote was four in favor with one abstention (Maloney).
BRET STEARNS FOR BLUM TRUST; SE 12 – 478; MAP 20 LOTS 58,59: Mr. Stearns explained that a new route was discovered for the approved walkway through the wetland during construction. He added that this reduced the walkway’s length by 80 feet. Ms. Goff commented that this flexibility was in the Notice of Intent for this project to allow for the Conservation Officer’s supervision of the walkway and the contours of the property. After brief discussion the Commission concluded this change was an improvement and therefore inconsequential. Ms. White made a motion to determine the changes as inconsequential and requested a final site plan be provided with the application for a Certificate of Compliance. Mr. Bartels seconded and the vote was four in favor with one abstention
(Maloney).
With no further business to conduct Ms. White made a motion to adjourn. Mr. Bartels seconded and the meeting adjourned at 3:42 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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