FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Pam Goff, Sandy Broyard, Andrew Fischer, Caitlin Jones, Dick Smith, Virginia Dyer, Rusty Walton and Chuck Hodgkinson. Also attending were Helen Parker, Peter Norris, Chris Alley, Joe Wahler (Stephen Stimson Assoc.), Doug Cooper, Debbie Hancock, Donald Poole and Callie Silva.
The meeting came to order at 12:30 PM. The site visits for today’s agenda took place on May 4.
PETER NORRIS NOI SE 12 – 602; AP 8-59: Ms. Goff opened the continued hearing at 12:30 PM for this after-the-fact Notice of Intent. Several raised planting beds and gravel walkways were installed in a bordering vegetated wetland. She reminded the Commission and audience that the following Commissioners are eligible to vote – if the hearing is brought to closure: Commissioners Goff, Jones, Dyer, Smith and Broyard.
Doug Cooper’s (Cooper Environmental Services) report dated 4/28/10 was read for the record. He was hired in response to the Commission’s need for an updated delineation of the wetland edge. Mr. Cooper summarized by stating his work confirmed the 1992 wetland delineation. The Commission thanked Mr. Cooper and accepted his report. He added that his site work indicated the root structure of the wetland vegetation under the raised planting beds seemed intact.
Mr. Norris commented that it was not his intention to adversely affect the wetland. His desire is to plant native species and add rocks back to the landscape. He agreed his work did change the contours of the wetland.
The Commission concluded that based upon Mr. Cooper’s delineation there are eight raised planting beds @ 200 sq. ft. each and a gravel walkway in the wetland. The total area is approximately 1800 sq. ft. Mr. Norris said this is incorrect. The walkway is outside Mr. Cooper’s flags. The Commission responded by saying it can only consider the site plan and report provided by the certified expert and reiterated its recommendation of having a new site plan surveyed and printed with Mr. Cooper’s findings. This was not done.
The DEP comments dated 3/25/10 were read for the record. They called for replicating an area of vegetated wetland that is equal to the area of the wetland that was filled for the beds and walkway—if the work is allowed. Ms. Goff read the importance and values of the wetland resource for the record from the Town’s Bylaws. After discussion the Commission concluded that the disturbance caused by wetland replication in this sensitive area would most likely have a detrimental impact on the resource. It would be more beneficial to restore the disturbed wetland areas back to their natural state. This would mean skimming the raised beds back to grade level and possibly planting native wetland species – if needed.
With no further comment from the Commission or audience a motion was made to close the hearing at 12:52 PM. The motion was seconded and unanimously approved. A series of subsequent motions were made as follows:
The first motion:
The Commission would not allow this type of work in the wetland if this application was filed before the work was done. The motion was seconded and unanimously approved with five in favor.
A second motion was made as follows:
The wetland delineation and report submitted by Cooper Environmental Services dated 4/28/10 is accepted. The 1992 delineation shall be used to evaluate this application.
Based upon this delineation it is estimated that 1800 sq. ft. of bordering vegetated wetland has been altered by installing eight 200 sq. ft. raised planting beds and the gravel walkway to the beds.
It is believed that replicating an additional 1800 sq. ft. of bordering vegetated wetland will create an excessive amount of disturbance to this sensitive area. Therefore, in lieu of replicating 1800 sq. ft. of additional bordering vegetated wetland the Commission requires the following to be done:
a. During the dry summer season, the raised portion of the eight planting beds in the wetland shall be skimmed to natural grade level. The excess material shall be removed from the site.
b. The gravel walkways in the wetland shall also be removed and restored to the area’s natural state.
c. It is believed that once these areas have been restored as outlined the natural wetland vegetation will grow back as the root structures seem intact.
d. If after a follow up site visit approximately 12 months after this work is completed the natural wetland vegetation has not returned, additional plantings of native wetland species shall be added to the area as directed by the Conservation Officer or Commission.
e. Before work begins the Conservation Officer shall visit the site to confirm the specific planting beds and walkways which shall be returned to their natural state.
The motion was seconded and unanimously approved with five in favor.
A third motion was made to remove the work that was done in the wetland buffer zone and return the buffer zone to its original state. The motion did not receive a second and thus was dropped from consideration.
A fourth motion was made to leave the buffer zone in its altered state and planted with native species. The motion was seconded and unanimously approved with five in favor.
RFD HELEN PARKER FOR MARIN STREET; AP 14-19.1; 1 Crowberry Lane: Ms. Parker summarized this application as a follow up to the previously submitted plan for a temporary path that is approximately 29 feet from a wetland edge. This application requests the creation of a permanent 12 foot-wide driveway in the same location as the temporary path. The Commission explained that this is much different than a temporary path and pointed out there is an acceptable alternative that provides legal access to Map 14 Lot 18. After much discussion a motion was made for a negative determination only if the location of the proposed driveway is moved to the south side of the stone wall as shown on the Sourati surveyed site plan dated 4/9/10 and is more than 50 feet from the wetland edge. It is
assumed the current access would be closed to Map 14 Lot 18. If the current proposal as shown on the site plan is preferred, a positive determination would be issued requiring a Notice of Intent. The motion was seconded. The Commission discussed how a permanent driveway in the location as shown on the site plan might be difficult to approve because there is an acceptable alternative means of ingress and egress. The motion passed with four in favor and three abstentions (Ms. Dyer, Mr. Steves and Ms. Jones).
RFD DOUG COOPER FOR RICHARD BLUESTEIN; AP 27.1-207; 30 Larsen Lane: Mr. Cooper summarized the plan to construct a 9’ X 22’ screened-in porch that is attached to the main house. A portion of the porch will be located in the buffer zone of a bordering vegetated wetland. It will be constructed on piers and replace the existing stone patio. The closest corner of the porch is approximately 82 feet from the wetland edge. Siltation barriers will be installed before construction begins. The Commission briefly discussed the site visit. With no comment from the audience a motion was made for a negative determination with the condition the siltation barriers are installed and approved by the Conservation Officer before work begins. The motion was seconded and
unanimously approved.
FOLLOW UP DISCUSSION HARRISON ORDER OF CONDITIONS SE 12 – 604; AP 33-114: Mr. Alley explained today’s discussion is intended to satisfy one of the special conditions that was issued with the approved Order. They are here to review the details of the site development and landscape plan. Joe Wahler of Stephen Stimson Landscaping summarized the original site plan and the current updated site plan with more detail. The Commission pointed out the original site plan as displayed is the one that was denied. The approved site plan is much different.
Ms. Goff read a letter from abutter Everett Poole dated 4/27/10 for the record. Mr. Wahler proceeded to review each of the 12 questions on the detailed site plan that was provided earlier by the Commission. The Commission voiced its concerns with the proposed irrigation system, the auxiliary generator, A/C condensers, paved terraces and walkways as they exceed the scope of the previously approved work and plan and are in resource area buffer zones. It was suggested placing the external machinery inside the heated and air conditioned barn. Mr. Wahler stated the only water source for the irrigation system will be the cisterns. There was much discussion on the details and changes made versus the plan that was approved with the Order of Conditions. A subsequent motion was made to approve
the detailed site plan as presented and dated April 27, 2010 for May 5, 2010 with the following exceptions: 1. The auxiliary generator, A/C condensers, terrace behind the barn and terrace in front of the house on Quitsa Pond are not approved as they are beyond the scope of work outlined in the Notice of Intent and are in sensitive buffer zones. 2. All other conditions as outlined in the Order of Conditions must be satisfied – especially returning to discuss the timing of all phases of construction, the specific staging areas, materials handling and erosion control measures before work begins. This is needed to minimize the adverse impact to wildlife, but not limited to otters and turtles. The motion was seconded and approved with six votes in favor and one opposed (Ms. Dyer).
ADMINISTRATION:
The meeting minutes for April 7 and April 21 were reviewed. A motion was made to approve both sets of minutes as presented. The motion was seconded and approved.
Conroy Order of Conditions SE 12 – 597; AP 33-33: Chuck H. updated the Commission on the coastal bank stabilization. The previously approved plan adding of 18 yards of loam with hydro-seeding plus beach grass was abandoned because the bank is too steep. The original approved plan of adding 36 yards of sand sediment with beach grass plugs was executed.
Meyer Seasonal Beach Stairway; SE 12 – 514; AP 29-6: Chuck H. shared a site visit report for the relocation and installation of this set of stairs. Glenn Johnson will do the work. The Commission approved the plan.
The following documents were signed:
Order of Conditions Norris SE 12 – 602; AP 8-59.
Determination of Applicability Street; AP 14-19.1.
Determination of Applicability Bluestein; AP 27.1-207.
With no further business to conduct the meeting adjourned at 3:40 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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