FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Virginia Dyer, Caitlin Jones, Dick Smith and Chuck Hodgkinson. Also attending was Jesse Fuller. Andrew Fischer, Donald Poole, Richard Steves and Bruce Bartels were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chairman for the day’s agenda and Caitlin Jones was appointed a voting member. The site visits for today were made on October 5.
ENFORCEMENT ORDER HONKER & SONS, LLC; SE 12 – 559; 55 Squibnocket Farm Rd.; AP 35-1.2: The Commission discussed its observations from yesterday’s site visit. Mr. Fuller reviewed the recommended re-vegetation plan for the cleared buffer zone. The Commission agreed to leave the vegetable garden in place. A subsequent motion was made to accept the re-vegetation plan as presented. The motion was seconded and unanimously approved with five in favor. The group agreed all aspects of the Enforcement Order have been satisfied with the exception of receiving the $1350 fine payment. Chuck H. will follow up with the contractor on the fine payment.
ENFORCEMENT ORDER PETER NORRIS; SE 12 – 602; 19 Blueberry Ridge Lane; AP 8-59: Chuck H. summarized that no action has been taken on the special conditions as outlined in the Order of Conditions that was issued in May 2010. A site plan dated 6/11/10 from Sourati Engineering was reviewed that included a current wetland delineation performed by Cooper Environmental Services earlier in the year. The Commission voted to accept the new delineation and determined that six 200 sq. ft. planting beds and a portion of the gravel walkway as shown on the site plan are still within the wetland. These areas need to be returned to their natural wetland state as outlined in the Order of Conditions.
A recommendation was made to issue an Enforcement Order as follows:
NORRIS ENFORCEMENT ORDER
SE 12 – 602; MAP 8 LOT 59; 19 BLUEBERRY RIDGE LANE
SPECIAL CONDITIONS 10/6/10
The following outlines the requirements of this Enforcement Order. Part VI of the Town’s Wetland Protection Bylaws: Regulation of non-criminal disposition for wetland violations.
Section 6.07 Determining Factors for the Violations:
1. Potential impact on the environment.
3. The applicant did not take steps to prevent the violations.
8. The public interest.
The Commission accepts the updated site plan from with Cooper Environmental Services wetland delineation dated 6/11/10.
- Old delineation dated 1992: eight 200 sq. ft. planting beds + gravel walkway in wetland; total 1900 sq. ft. of restoration in wetland.
- New delineation dated 6/11/10: six 200 sq. ft. planting beds + gravel walkway in wetland; total 1300 sq. ft. of restoration in wetlands.
- The Order of Conditions and this Enforcement Order requires all planting beds and walkways in wetlands to be restored to their natural state.
The Massachusetts Department of Environmental Protection (DEP) recommended replicating an amount of wetland that was disturbed for the walkway and planting beds. It is believed that replicating an additional 1300 sq. ft. of bordering vegetated wetland will create an excessive amount of disturbance to this sensitive area. Therefore, in lieu of replicating 1300 sq. ft. of additional bordering vegetated wetland the Commission requires the following to be done by November 17, 2010—see enclosed site plan yellow highlighted areas:
- The raised portion of the six planting beds in the wetland shall be skimmed to natural grade level. The excess material shall be removed from the site.
- The gravel walkways in the wetland shall also be removed and restored to the area’s natural state.
- 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.
- If after a follow up site visit approximately 12 months after this work is completed (November 2011) the natural wetland vegetation has not returned, additional plantings of native wetland species shall be added to the area as directed by the Commission.
- Before work begins the Commission’s Representative shall visit the site to confirm the specific planting beds and walkways which shall be returned to their natural state.
All of this work shall be completed on or before November 17, 2010. If the work is not finished by November 17, 2010 the following fine shall be imposed effective November 17, 2010 and imposed on a daily basis until the work is completed. A follow up site visit shall take place on November 16, 2010 to inspect the finished work or outline additional measures that must be taken to satisfy this Order.
Section 6.09-4: $300/day for failure to comply with mitigating measures mandated by an Enforcement Order. Additional fines may also be imposed by the DEP if the Enforcement Order conditions are not satisfied.
After discussion a motion was made to issue the enforcement order as outlined. The motion was seconded and unanimously approved with five in favor.
ADMINISTRATION: The September 1 and September 15 meeting minutes were reviewed. A motion was made, seconded and approved to accept both sets of minutes as presented.
With no further business to conduct the meeting adjourned at 12:55 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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