FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff Vice Chairman, Bruce Bartels, Andrew Fischer, Dick Smith, Rusty Walton and Chuck Hodgkinson. Caitlin Jones, Alan Porter, Jackie Mendez-Diez, Bart Thorpe, Sandy Broyard, Jill Hansen, Bonnie Eisenstadt, Sam Bungey and Karen Cheslin also attended. Virginia Dyer was absent.
Mr. Steves opened the meeting at 12:30 PM. The site visits for today’s meeting took place on June 2.
RFD REID SILVA FOR NEW ENGLAND HERITAGE CORP; AP 35-1.4: Mr. Silva summarized that this is an after-the-fact application to excavate topsoil within the building envelope of a vacant parcel as part of an archaeological survey. The nearest part of the excavation is 47 feet from an isolated wetland. A siltation barrier was installed between the building envelope and the wetland. The Commission recognized that the area has been sufficiently restored. After brief discussion a motion was made for a negative determination. The motion was seconded and unanimously approved.
ENFORCEMENT ORDER MATTHEW LICHTENBERG & LEONARD BLUM, TRUSTEES; # 23 THE AERIE; AP 20-53: Mr. Steves read the May 20th Enforcement Order and directives for the record. He added that a plan was submitted and approved by the Conservation Officer on Tuesday, May 26th and informed the Commission that he endorsed a three day fine for Friday, Saturday and Sunday, May 22-24 totaling $900. Chuck H. added that the fine has already been paid. The Board discussed the site visit observations and reviewed Mr. Walton’s photographs of the repaired areas.
Mr. Steves explained the Commission’s decision to allow the stone wall that is three feet inside the 100-foot buffer zone to remain in place. The Commission feels the activity needed to remove the wall will disturb the buffer zone more than if left as is. Additionally, the wetland is upgrade from the stone wall and therefore is not affected by runoff.
Jackie Mendez-Diez commented that an after-the-fact approval denies the advance notification rights of abutters. If notified in advance, I would have objected. Ms. Mendez-Diez added she did not object to the zoning special permit for the tennis court because she thought it was outside the buffer zone. The Commission acknowledged Ms. Mendez-Diez’s point and added that the tennis court site plan indicated the wall around the tennis court was outside the buffer zone not within its jurisdiction which is why a permit was not filed.
After much discussion about how the violation was discovered a motion was made
to accept the restoration and declare it meets the Commission’s Enforcement Order directives. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE LITTLEFIELD NOI SE 12 – 509; AP 27.1-56: Mr. Walton summarized this Order of Conditions that was issued for a de-nitrifying septic system. He recommended approving the Certificate of Compliance. A motion was made to accept the recommendation of the Conservation Officer and grant the Certificate of Compliance. The motion was seconded and unanimously approved.
ADMINISTRATION: The May 6th and May 20th meeting minutes were reviewed. A motion was made to accept both sets of minutes with minor corrections was made, seconded and unanimously approved.
Berger SE 12 - 564; AP 27-15.1, 15.2: The Commission approved a draft letter requesting the installation of boundary markers on the outer edges of the isolated wetland in Area III to protect the resource from possible mowing.
The following documents were signed and notarized as needed:
Determination of Applicability: New England Heritage Corp; AP 35-1.4.
Certificate of Compliance: Littlefield SE 12 – 509; AP 27.1-56.
With no further business to conduct the meeting adjourned at 2:05 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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