Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Russell Maloney, Virginia Dyer, Dick Smith, Andrew Fischer, PersonNameRusty Walton and PersonNameChuck Hodgkinson. Reid Silva, Peter Rodegast, Graeme Flanders, Greg Graham and PersonNameMerle Berger also attended. Ray Kellman, Pam Goff and Bruce Bartels were absent.
Mr. Steves opened the meeting at 1:30 PM and announced a site visit to Tucker Trail; AP 33-57.
RFD REID SILVA FOR ALLEN placeFLANDERS; AP 33-57: Mr. Steves opened the meeting at 2:00 PM and appointed Messrs. Fischer and Smith as the fourth and fifth voting members for the day’s proceedings. Mr. Silva summarized the site plan to relocate a post and wire fence that was installed in March 2008 without a permit from the Commission. Portions of the fence are in the Commission’s jurisdiction – Quitsa Pond 100-foot shore zone and a wetland 100-foot buffer zone. A section of the fence was also mistakenly placed outside the easement boundaries. These posts need to be relocated within the surveyed easement.
Mr. Graeme placeFlanders pointed out this is not a replacement -- there was no fence prior to this one. He added that he is the majority shareholder for the entire 3.9-acre parcel and his brother, Allen is a minority shareholder. They have undivided interests in the property. He commented that he (Graeme) is not in favor of having a fence at all.
The Commission and Mr. Silva discussed who has the legal right to build a fence in the easement and how the ownership structure of the parcel affects a Request for Determination of Applicability (RFD) or Notice of Intent (NOI) application. Mr. Silva’s opinion is the Commission should rule and vote on the project’s impact on the resource. Determining who has the legal right to build the fence is a separate issue and should not be the Commission’s concern. The Commission pointed out both applications require the property owner’s name and address. Mr. Silva added Allen Flanders is one of the property owners.
The Commission discussed how portions of the 430-foot long fence are located within the 100-foot shore zone starting at the shoreline and run about 30 to 40 feet from a wetland edge. The Commission questioned the fence’s purpose as it just ends and does not enclose anything per se.
Mr. Maloney and Ms. Dyer expressed opinions that the fence should be removed because it was never permitted before being installed. Ms. Dyer made a subsequent motion to issue an enforcement order requiring the removal of the fence by a date to be determined by the Conservation Officer. The motion was seconded. The Commission discussed that there should be ample time allowed for the property owners to reach agreement on whether or not a fence should exist at all. The vote was unanimous with five in favor.
A subsequent motion was made for a positive determination on the RFP as the activity falls within the jurisdiction of both the Commonwealth’s Wetland Protection Act and the Town’s Wetland Protection By-Law. The motion was seconded and unanimously approved with five in favor.
PETER RODEGAST FOR BAKER/WUSCORP; SE 12 – 506 AND SE 12 – 538; AP 8-54, 55: Mr. Rodegast summarized the site plan and Order of Conditions for SE 12 – 506. It permitted the installation of water drainage pipes under the existing barn to redirect water flow from this man-made wetland. The water was diverted to this location when the Spring Point access roadway was installed. Mr. Walton visited the site and thought the project was satisfactorily completed and successful in its objective. A subsequent motion to grant a Certificate of Compliance was made, seconded and unanimously approved.
Mr. Rodegast then summarized the Order of Conditions for SE 12 – 538 that was issued to install a driveway, a relocated parking area, a water line and utility service. Mr. Walton inspected the work and said he thinks it has been satisfactorily completed.
Mr. Rodegast outlined the owner’s desire to add a slate patio (approximately 120 sq. ft.) that is about 90 feet from the man-made wetland edge. This wetland no longer exists because of the drainage system (SE 12 – 506). The patio location is also outside the 100-foot buffer zone of an existing isolated wetland. After brief discussion a motion was made declaring the requested change as inconsequential to the existing Order of Conditions. The motion was seconded and unanimously approved. Mr. Rodegast thanked the Commission and mentioned he will apply for a Certificate of Compliance for all of the SE 12 – 538 activities after the patio is installed.
MERLE BERGER ENFORCEMENT ORDERS SE 12 – 404; AP 27-15.1, 15.2; CONSERVATION RESTRICTION: Mr. Berger explained he has started working on a plan to revegetate the cleared areas. The Commission thanked Mr. Berger for coming and explained how they have prepared two separate enforcement orders. One for the work not permitted under SE 12 – 404 (buried propane tank and gravel parking area next to the garage). The second order is for the infractions made against the Conservation Restriction that was approved by the Commission on 9/13/00 and outlined on the site plan dated 7/12/99.
The Commission further explained how they consulted with two local experts – Mr. Allan Keith and Dr. Stephen Spongberg – to help prepare a specific brief for the needed revegetation plan. This brief is intended to be used as a guide for preparing the plan and necessary Notices of Intent applications. The Commission felt any pre-planning work that has been done will most likely be included and expanded upon in the brief. The Commission further explained it has established an August 1, 2008 deadline for receiving both NOI applications and that the plans must also be approved by the Dietz family or their designated agent. They offered the assistance of PersonNameRusty Walton and PersonNameChuck Hodgkinson over the next month if needed. Mr. Berger thanked the Commission and said he will study
the brief. The two enforcement orders were hand delivered.
CERTIFICATE OF COMPLIANCE CAPE COD COMPANY: SE 12 – 276; AP 35 and 37 – 1, 2 and 3: Mr. Silva explained that this Order was issued in October 1995 to install the roads and utility service for the Squibnocket Ridge subdivision. Mr. Walton, as both a member of the Planning Board and as the Conservation Officer, certified that the work has been successfully completed. A subsequent motion to issue the Certificate of Compliance was made, seconded and unanimously approved.
ADMINISTRATION: The meeting minutes for June 18, 2008 were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
The following documents were signed and notarized as needed:
Positive Determination of Applicability placeFlanders AP 33-57.
Certificate of Compliance Baker/WUSCORP: SE 12 - 506; AP 8-54, 55.
Certificate of Compliance Cape Cod Co.: SE 12 – 276; AP 35, 37 – 1, 2 and 3.
With no further business to conduct the meeting adjourned at 2:45 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.
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