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Conservation Commission Minutes 02/07/07
FINAL

Present for the Conservation Commission and attending the meeting were:  Pam Goff, Bruce Bartels, Virginia Dyer, Russell Maloney, Rusty Walton and Chuck Hodgkinson.  Also attending were Peter Wells, Gregory Whitmore, David Handlin, Gary Maynard, Margaret Curtin and Peter Rodegast.  David Flanders, Richard Steves and Ray Kellman were absent.    

Ms. Goff opened the meeting as acting Chair at 2:00 PM.

RFD MARGARET CURTIN FOR JOHN HASTINGS AP 30-67:  Ms. Curtin summarized the site plan and proposed placement of three supports for deck posts approximately 94 feet from the edge of a bordering vegetated wetland.  The posts will be positioned on granite blocks.  Ms. Goff asked how the roof drainage on the proposed addition that is just outside the buffer zone would be handled.  Ms. Curtin said a gutter system would be installed.  Ms. Curtin continued that a one-foot deep trench with crushed stone would support the granite blocks under the deck supports.  After discussion the Commission agreed there would be a minimal incursion into the buffer zone and siltation barriers will not be required because of the existing lawn.  A motion for a negative determination was made, seconded and unanimously approved.

RFD PETER WELLS FOR MARTIN HALE AP 35-44,45:  Mr. Wells summarized the site plan and desire for trenching work for a sewage injector pump.  The work will take place 85 feet from the edge of a bordering vegetated wetland and will be between the existing garage and main house.  The area was manipulated for these two structures and now has a manicured lawn.  The house construction was permitted with an Order of Conditions in 1995.  After discussion a motion for a negative determination was made, seconded and approved with three in favor and one abstention (Ms. Dyer).

RFD GREGORY WHITMORE AP 29-1:  Mr. Whitmore summarized his intent to collect fossils that have fallen from the eroding cliff at Lucy Vincent Beach.  He added there would be no digging in the cliff face.  A sand sifter would be used to retrieve any fallen or exposed fossils.  He added the survey is sanctioned by the University of New Hampshire and estimated it would take three to four years to complete the work.  He also asked for permission to install a rope fence with signage alerting the public to the sensitive research area.  The Commission asked several questions such as can the research be isolated to the off-season months.  It was felt this might reduce the amount of public prospecting in the busier summer months.  Ms. Goff added that it is not the within the Commission’s jurisdiction to control the site.  It should only focus on the collection of exposed fossils and its impact on the resource.  There was no comment from the audience.  Ms. Goff read a letter from the Wampanoag Tribe expressing their rigorous opposition to the proposed research.  The Commission asked what tools would be used for the work.  Mr. Whitmore said his work will be confined to the base of he cliff and his only tool will be a sand sifter.

After further discussion the Commission concluded the proposed work would not have a significant impact on the resource particularly when put in the context of the rapid rate of erosion.  They further advised Mr. Whitmore that he will need to obtain approval to perform the work from the Board of Selectmen and recommended he make an appointment with the Executive Secretary to get on the Selectmen’s agenda.  After brief discussion a motion for a negative determination for the work as described was made, seconded and unanimously approved.

DISCUSSION DAVID HANDLIN FOR ROSEMALLOW FARM TRUST NOI SE 12 – 526; AP 24-36:  Mr. Handlin explained his desire to inform the Commission of a change in the foundation design and work for the pond house repairs outlined in this Order of Conditions.  He added that all work has stopped pending the outcome of this discussion.  He summarized that after starting the work it was discovered that the existing structure and foundation is in much worse condition than originally thought.  He explained that the support piers under the structure are sub-standard and added that the project engineer recommends placing a concrete footing four feet below grade as a support structure for the foundation piers.   The Commission expressed its opinion that the proposed changes are significant and makes this a much larger project than described in the original Notice of Intent.  Mr. Handlin agreed and added this is why he stopped all construction and wanted to meet with the Commission.  

Ms. Goff read the Wetland By-Law for land subject to flooding and storm flow.  The intent of the Act is to protect the resource if the disturbed land will affect flood control, erosion, storm damage prevention and the areas adjacent to salt marshes.  After much further discussion a motion was made declaring the new work proposal is a significant change and the applicant would need to file an amended Notice of Intent to obtain permission to proceed with the new plan.  The motion was seconded and unanimously approved.

If an amended Notice of Intent is filed the Commission further asked Chuck H. to contact the DEP satellite office in Hyannis for further consultation and advice on the impact the proposal might have on the resource.

DISCUSSION PETER RODEGAST FOR ANN BAKER AP 8-54,55:  Mr. Rodegast outlined a project that would require filing a Notice of Intent and wanted to have an informal discussion with the Commission before filing the application.  He understood that any advice given today was non-binding.  He explained how the owners want to build an addition to the existing barn and will provide habitable space.  They also want to construct a new driveway.  He reminded the Commission of its prior approval of a water drainage system around the barn.  The Commission informed Mr. Rodegast that it generally does not permit new construction within the buffer zone – particularly new construction of habitable space.  They added that there seem to be several alternative solutions outside the buffer zone that might provide an increase in habitable space on the property.  They further advised installing the approved drainage system and assessing its impact on the wetland and buffer zone before filing an application.  Mr. Rodegast agreed and thanked the Commission for its time.

RUSTY WALTON UPDATES:  Mr. Walton updated the Commission on the progress and of the Middle Line Road Community Housing Program and the letter from the Division of Fisheries (NHESP).  Ms. Goff said the NHESP should be invited to inspect the site before initiating the MESA review.  Mr. Walton also informed the Commission that in his opinion the Hariph’s Creek boat launch ramp repairs have successfully complied with the Order of Conditions – SE 12 – 518; AP 33-59.

OTHER BUSINESS:  Tim Carroll asked the Commission to fill out the annual performance review for Chuck H.  He agreed to mail it to Richard Steves.  Chuck H. also informed the Commission of the Finance Committee’s fiscal year 2008 recommendation to increase the Conservation Officer’s annual stipend to $6,000, submit his car mileage reports for expense reimbursements and continue to receive his Notice of Intent fees.
 
SIGNATURES:  The following documents were signed and notarized as necessary:
        Certificate of Compliance:  Hariph’s Creek Boat Launch SE 12 – 518; AP 33-59.
        Determination of Applicability Hastings AP 30-67.
        Determination of Applicability Hale AP 35-44, 45.
        Determination of Applicability Whitmore AP 29-1.

MINUTES:  The meeting minutes for 12/20/06 were reviewed.  A motion to approve the minutes as amended was made, seconded and unanimously approved.  

With no further business to conduct the meeting adjourned at 3:45 PM.  
Respectfully submitted by Chuck Hodgkinson, C.A.S.