FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, David Flanders, Ray Kellman, Pam White, Bruce Bartels, Russell Walton Conservation Officer and Chuck Hodgkinson. Also attending: Brett Stearns and Kathy Bega for L. David; Kent Healy, Dennis Jason, Bart Thorpe and Jay Walsh for Squibnocket Farm Land Owner’s. Absent: Michael Halbreich.
Mr. Steves opened the meeting at 1:30 PM with the following agenda:
- Discussions: Jay Walsh, Brett Stearns and Wheeler.
- Continued public hearing Dennis Jason NOI.
- Continued public hearing Patti Lincoln NOI.
- Public meeting Bart Thorpe RFD.
JAY WALSH DISCUSSION: Jay Walsh representing the Squibnocket Farm Land Owners presented a plan for removing an existing telephone pole (#10) that is in jeopardy of falling down and burying a 150 foot section of power lines running from pole # 10 to pole # 9. He explained a trench that is three feet deep will be dug on private property for the power lines and that hay bales would be placed on the lower side of the trench as siltation barriers. He continued by stating it is a one-day job and he would like to begin next week. Ms. Goff outlined that this utility work is permitted under the Town’s Wetland By-law Part IV Section 4.01. Mr. Bartels asked if the work would interfere with parking lot use. Mr. Walsh said it would not. Mr. Bartels made a motion to approve the job as
presented. Mr. Flanders seconded and the vote was unanimous in favor.
BRET STEARNS DISCUSSION: Brett Stearns and Kathy Bega representing Laurie David of 414 North Road attended in response to the Conservation Officer’s Notice of Apparent Violations dated 8/18/05 – Cabins RFD 1/20/05. Mr. Stearns opened by stating the walkway through the wetlands (SE 12-478 NOI) is permitted and reminded the Commission they were informed in writing of the new location for a section of the walkway. He continued by explaining the change shortened the walkway by 92 feet and therefore reduced the amount of wetland disturbance. He informed the Commission that he would provide an amended plan with the new location for the file when finished. Mr. Stearns continued by stating the David’s are upset about the apparent violations because they were under the impression all
the work was properly permitted. He stated that he would work on the David’s behalf with the Commission for guidance on what is needed to rectify the problems. Mr. Kellman clarified that the solutions must satisfy the Commission, which at times, may not always agree with the Conservation Officer’s recommendations. Ms. Goff mentioned that the Commission needs a plan that addresses the dehumidifier drain hose, the sod grass behind the cabins, the BBQ pit, the fire pit and the stage with bench seating. It was agreed that Mr. Stearns would submit a new Notice of Intent with a plan to correct the issues and that he will try to have it ready for the October 5 meeting.
RUSTY WALTON FOR WHEELER DISCUSSION: Mr. Walton outlined the Wheeler’s desire to build a detached garage with an attached bedroom and bath near Stonewall Pond – Map 33 Lot 18. He explained that the structure would be located outside the required 100 ft. setback from the wetland edge. The owner’s will apply for the required zoning special permit. The Commission was glad to see the buffer zone will not be disturbed.
KENT HEALY FOR DENNIS JASON NOI: Mr. Steves opened the continued hearing at 2:00 PM. The Commission reviewed a letter from abutter Franklin Thomas (Map 20 Lot 96). The Commission concluded that as far as their jurisdiction is concerned, Mr. Jason’s proposed bridge would not limit Mr. Thomas’ development rights for his lot. Mr. Healy summarized the Commission’s agreement from the original hearing and asked for their guidance on the best route for an access driveway to Mr. Jason’s lot. It was agreed the west location was preferred over the existing east access road over the dam because development of the west road would disturb less of the wetland than expanding the east access road to accommodate everyday access. Mr. Steves outlined past cases where culverts were
used successfully and asked why they are not being proposed as an alternative to a bridge. Mr. Walton commented that as of January 2005 the Army Corps of Engineers has adopted the set of guidelines for culverts that were established by Massachusetts. The guidelines are more sensitive to the protection of wildlife and fish than in the past. Mr. Jason added that the intermittent stream in question is dry for 6 months of the year and has no fish. Mr. Steves asked for the actual size of the wetland that must be crossed. Mr. Healy said 80 feet of wetland. After further discussion the Commission concluded that a bridge would be more easily accepted and approved by the respective outside agencies – over a culvert.
Ms. White asked Mr. Healy if his revised proposal to erect a 30 ft. span of bridge with the agreement to replicate any disturbed wetland and permanently close off access to Mr. Jason’s lot via the east road over the dam is still his recommendation. It was confirmed. Mr. Steves closed the hearing at 2:20 PM. Ms. White made a motion to approve Mr. Healy’s revised proposal as outlined. Mr. Kellman seconded and the vote was unanimous in favor.
Before signing the Order of Conditions, Mr. Healy will provide a revised plan indicating the amount of wetlands that will be disturbed by the 30 ft. span of bridge/aprons and the corresponding amount of wetlands replication. This will be submitted on September 21 or October 5.
PATTI LINCOLN CONTINUED PUBLIC HEARING: Mr. Steves opened the continued hearing at 2:25 PM. Chuck Hodgkinson explained that the applicant is still working on a new location for the garage and asked for a continuance. At the applicant’s request Mr. Flanders made a motion to continue the hearing to September 21 @ 2:15 PM. Mr. Kellman seconded and the vote to continue the hearing was unanimous in favor.
BART THORPE RFD: Before opening the public meeting for Mr. Thorpe’s Request for Determination of Applicability, Mr. Flanders recused himself due to a conflict of interest. Mr. Thorpe summarized his plan to construct a 14’ X 16 ‘ shed and a 30’ X 40 barn on his property – Map 26 Lot 66.1. Mr. Walton reviewed the results of his site visit and the rough delineation of the wetland. Without having the benefit of a plan with the precise building locations and wetland delineation, the Commission decided to physically visit the two sites. While at the site it was determined that both locations are outside of the wetlands and buffer zones. Upon returning to the meeting room the Commission asked how the building materials will be transported to the to sites. Mr.
Thorpe said the sites will be accessed from North Road/The Airie and the building materials will not cross wetlands. The shed’s concrete slab foundation will be hand mixed on site or mixed at a safe location and hand transported to the site via wheelbarrows.
Ms. White made a motion for a negative determination because both sites were deemed to be out of the wetlands and respective buffer zones. Mr. Bartels seconded and the vote was five in favor with one abstention (Mr. Flanders).
The Commission signed the Determination of Applicability.
The August 17 meeting minutes were reviewed. Mr. Flanders made a motion to approve the minutes with minor corrections. Ms. White seconded and the vote was five in favor with one abstention (Mr. Bartels).
With no further business to discuss Ms. Goff made a motion to adjourn the meeting. Mr. Kellman seconded and the meeting adjourned at 3:05 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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