FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Bruce Bartels, Dick Smith, Rusty Walton and Chuck Hodgkinson. Robbie Dietz, Glenn Provost, Richard Gallogly, Ron Mechur, John Lolley, Gary Sylvester and Kay Matschullat also attended. Andrew Fischer, Virginia Dyer and David Flanders were absent.
Mr. Steves opened the meeting at 12:30 PM and informed the audience that the Commission made their site visits for today’s agenda on October 7th. He further appointed Alternate Commissioner Dick Smith as a voting member for the day’s agenda.
RON MECHUR FOR ALLEN FLANDERS; RFD AP 26-31.1: Mr. Mechur summarized the comments made during the site visit on the plan to remove a total of 12 beetlebung, swamp maple and cherry trees that have trunks between 1” to 2” in diameter. The purpose is to restore the view. Mr. Mechur further pointed out the Commission issued a negative determination in 1998 to perform the same work. This application was filed to update the records and seek permission before any work is performed. The Commission asked if Mr. Flanders would object to planting selective trees near the main house to help screen the house’s mass from the pond view. Mr. Mechur said he will pass the request on to Mr. Flanders. After brief discussion a motion was made for a negative
determination. The motion was seconded and unanimously approved.
GLENN PROVOST FOR MERLE & BONNIE BERGER; NOI SE 12 – 564; AP 27-15.2, 15.2: Mr. Steves opened the continued public hearing at 12:45 PM. Chuck H. mentioned a revised plan was received before the expressed deadline of October 9 @ 5:00 PM and therefore, no fines have been imposed. Mr. Dietz said he received a phone call from Mr. Provost to set up a joint meeting among Carlos Montoya, Rusty Walton and himself to discuss a revised plan. Mr. Dietz said he proposed getting the issue away from the parties involved and have the experts create the plan with an appropriate amount of funds placed in an escrow account to pay for the project. His desire is to stop micro-managing the solution and put an end to six months of
frustration. He added that perhaps it would be best to have Rusty, Glenn and Carlos pick the plants and have Carlos do the installation in a manner that is acceptable to the Commission. The Commission commented that it is not in the position of establishing an escrow agreement. Mr. Dietz said he would waive his approval rights if the Commission approves the specific landscape installer and planting scheme, the funding is dealt with up front if possible and a specific after-planting maintenance plan is imposed and also adequately funded.
Mr. Gallogly commented his client would approve a planting plan that is acceptable to the Commission and Conservation Officer but disagrees with the establishment of an escrow account. He added the Commission has the ability to issue retroactive enforcement orders with fines if the work does not get done as approved. Mr. Dietz agreed the payment guarantee is not the Commission’s concern. He added that what gets planted, who does the work and how it is maintained is of paramount importance.
Mr. Provost summarized the revised plan and mentioned the Berger’s have agreed to meet all of the Commission’s requirements as outlined in the two Enforcement Orders. After discussion of the entire plan a motion was made, seconded and unanimously approved to close the hearing at 1:15 PM. The following summarizes the agreements. All re-plantings will have a maintenance plan for several years or until the Commission agrees the vegetation has become successfully established. The Commission will make the following formal site visits to review the status of the entire plan: on or before December 1, 2008; on or before May 1, 2009; on or before May 1, 2010; on or before May 1, 2011. It was also agreed that any new plantings that do not become successfully established
will be replaced when it is determined the first planting failed. It was further agreed that a landscape contractor that is deemed reasonably acceptable to the Conservation Officer and the Commission shall be used.
Propane Tank and Gravel Parking Area: The propane tank will be relocated and the gravel parking area returned to its natural state. The Commission asked if the tank can be moved to an area that is outside the buffer zone. Mr. Provost commented that it will be relocated to a place that is approved by the Conservation Officer. He did not think it would be practical to find a spot outside the buffer zone.
After discussion the following was moved, seconded and unanimously voted in favor: The new location for the propane tank shall be pre-approved by the Commission and placed on the final surveyed site plan. The current tank location and parking area will be re-vegetated to its natural state that may include switch grass. The Conservation Officer shall be present to supervise the work. The work will be completed by December 1, 2008 which is after the herons have migrated and before they return.
Heron Rookery and Pond: The proposed re-vegetation plan for the screening and black willow tree planting was discussed. The following motion was made, seconded and unanimously approved: The proposed screening plan as outlined in the October 9, 2008 letter was approved. The infestation of invasive species will be managed twice per year until the Conservation Officer believes the new plantings have been successfully established. The Conservation Officer shall supervise all re planting and the management of invasive species. The replanting shall be completed by December 1, 2008 – after the herons have migrated and before they return.
Section II: The October 9th proposed plan was discussed. The following motion was made, seconded and unanimously approved: The newly planted shrubs will be used to outline the outer edge of the area protected by the Conservation Restriction as shown on the surveyed site plan that was subsequently submitted and dated October 16, 2008. This site plan included the wetland edges affecting Section IV. The Conservation Officer shall supervise the work and it will be completed by May 1, 2009.
Section III: After discussing the plan the following motion was moved, seconded and unanimously approved: The outer edge of this isolated wetland as shown on the surveyed site plan will be marked with rocks. The Conservation Officer shall determine the appropriate height of the new plantings with the contractor based upon availability. The target is 3 to 4 feet in height. The Conservation Officer shall supervise the work which will be completed by May 1, 2009.
Section IV (swath and edge planting on the northeast side: The subsequent surveyed site plan dated October 16, 2008 included the wetland boundaries that cover this section as requested by the Commission. The proposed plan for this section was moved, seconded and unanimously approved. The motion specified that the Conservation Officer shall supervise the work and it will be completed by May 1, 2009.
Sections V and VI: The plan as outlined in the October 9th letter was moved, seconded and unanimously approved with the conditions that the Conservation Officer shall supervise the work and it will be completed by May 1, 2009.
JOHN LOLLEY FOR HONKER & SONS NOI SE 12 – 559; AP 35-1.2: Mr. Steves re-opened this hearing to review a revised plan for the existing main house. A new, basement foundation is proposed in lieu of the crawl-space foundation that was originally approved. The specific plans and methods for all work and the water table perk tests results were also reviewed. After significant discussion that reassured the Commission the wetland and water table resources will be adequately protected a motion was made to close the hearing at 1:45 PM. The motion was seconded and unanimously approved. A subsequent motion was made to issue an amended Order of Conditions approving the plan as amended with the same conditions. The motion was seconded and unanimously approved.
EXTENDED ORDER OF CONDITIONS ERIC SHENHOLM FOR HELEN BENHAM; SE 12 – 515; AP 30-106.1: Chuck H. reviewed the written request to extend the existing, valid Order of Conditions for a seasonal beach stairway for an indefinite period of time. After brief discussion a motion was made to extend the Order of Conditions indefinitely provided the applicant meets with the Commission each spring and fall to review the plans before the stairway is installed and removed. The motion was seconded and unanimously approved.
ADMINISTRATION: The meeting minutes for October 1, 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:
Order of Conditions: SE 12 – 564; AP 27-15.1, 15.2.
Amended Order of Conditions: SE 12 - 559; AP 35-1.2.
Extended Order of Conditions: SE 12 – 515; AP 30-106.1.
Determination of Applicability AP 26-31.1.
With no further business to conduct the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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