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Conservation Commission Minutes 02/16/11
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Bruce Bartels, Caitlin Jones, Donald Poole and Chuck Hodgkinson.  Also attending were Reid Silva, Chris Alley and John Clark.  Andrew Fischer, Richard Steves, Dick Smith and Virginia Dyer were absent.

The meeting came to order at 12:30 PM.  Ms. Goff was appointed as acting Chair.  Associate Commissioners Ms. Jones and Mr. Poole were appointed as voting members for the day.  The site visits for today were made on February 15.

NOI CHRIS ALLEY FOR 9 AZALEA NOMINEE TRUST; SE 12 – 622; AP 29-8:  Ms. Goff opened the public hearing at 12:30 PM.  Mr. Alley summarized the plan to replace the existing water line that has a leak.  Approximately 60 feet of the new line will be trenched in a wetland.  The remainder will run through the wetland buffer zone.  The trench will be backfilled as soon as practical, dressed with excavated topsoil and surface stabilized with jute net until the vegetation is re- established.  After brief discussion and with no comment from the audience a motion was made to close the hearing at 12:36 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with hay bales as outlined on the site plan.  The motion was seconded and unanimously approved with five in favor.

NOI REID SILVA FOR SCHEUER FAMILY PROPERTIES LLC; SE 12 – 621; AP 33-4, 6:  Ms. Goff opened the continued public hearing at 12:40 PM and confirmed that all five Commissioners are eligible to vote.  Mr. Silva explained he has researched the deed and said there is no mention of Short Beach access rights.  It does outline the road easement for Chocker’s Lane.  He explained the three lots that do have Short Beach use rights were part of a different subdivision.  He added crossing the tidal salt marsh on a raised walkway will do less harm to the resource than walking through the marsh to the pond’s edge.  The pin footings would be placed at ten foot intervals for the 120 foot walkway.  The fiberglass walkway grating would allow greater than 50 percent light penetration.

The Commission discussed the values of the salt marsh (Bylaw Section 2.06), its unique composition and how this particular marsh is pristine and an important habitat for wildlife.  They commented that the NHESP has not yet responded to the application.  Chuck H. will follow up.  The Commission also suggested waiting until the new owner builds a house before placing a walkway through the marsh.  This would enable the new owner to determine their specific desires.  After much discussion the Commission asked Mr. Silva if he would object to continuing the hearing to March 2 to provide more time to get the NHESP comments and visit the site with an ornithologist to get a better understanding of the wildlife habitat.  Mr. Silva agreed.  A motion was made to continue the hearing to March 2.  The motion was seconded and unanimously approved with five in favor.




FOLLOW UP DISCUSSION TREE PRUNING JOHN FRAGOSA FOR SCHEUER FAMILY PROPERTIES LLC; AP 33-6:  The Commission discussed the observations made at the follow up site visit yesterday to view the flagged sections of the large trees that would be limbed to open a water view.  Mr. Poole expressed concern with the long term health of the trees if pruned too heavily.  After discussion a motion was made to allow the pruning as outlined in the February 2 meeting and only within the flagged sections of the trees.  The motion was seconded and approved with four in favor and one opposed (Mr. Poole).  

DISCUSSION CHRIS ALLEY FOR ADAM ZOIA; SE 12 – 604; AP 33-114;           18 Point Inner Way:   Mr. Alley thanked the Commission for its time and explained they now have a better understanding of the site’s soil composition and explained how it complicates the F.A.S.T. de-nitrifying septic system installation as originally proposed.  He shared a revised site plan indicating the proposed new location for the pump chamber.  The new location is 51 feet from the wetland edge and 54 feet from the pond.  It will be a sealed chamber that pumps the effluent to the leaching pits farther up grade.  The new design would provide a more steady flow rate through the treatment system which would improve its performance.  He added he is planning to review this plan with the Board of Health later in the day.  The Commission commented that the proposed pump chamber location is in an area that is significantly disturbed by the construction.  The new site plan also had the new generator and garbage bin locations as approved at the February 2 meeting.

The Commission commented on the proposed cisterns and irrigation system as shown and said they are not in the approved locations.  They were not approved.  The dry wells and above-ground irrigation system were previously approved.

After discussion a motion was made to approve the generator, garbage bins and new location for the septic pump chamber as inconsequential changes to the previously approved plan.  The cisterns and irrigation system are not approved.  The motion was seconded and approved with four in favor and one abstention (Mr. Poole).

CERTIFICATE OF COMPLIANCE; 9 AZALEA NOMINEE TRUST; SE 12 – 531; AP 29-8:  The Commission discussed its observations at the site visit and agreed the stones as placed accurately delineated the wetland edge and mowing limit as shown on the approved final site plan.  The fire pit in the wetland has been removed.  After discussion it was agreed to postpone a vote on issuing the Certificate of Compliance until September or October 2011.  A follow up site visit will be made to see if the wetland vegetation that was pruned for the construction and in the areas located outside the mowing limits re-establishes itself.

CERTIFICATE OF COMPLIANCE SONGWIND LLC; SE 12 – 565; AP 27.1-86:  Chuck H. reported the sign prohibiting the use of soaps and detergents has been installed on the dock as required.  A subsequent motion was made to approve the Certificate of Compliance with an on-going condition that requires the perpetual maintenance and presence of the sign on the dock.  The motion was seconded and unanimously approved with five in favor.
ADMINISTRATION:  
The February 2, 2011 Meeting Minutes were approved as presented by consensus.

The following documents were signed:
        
        Order of Conditions; 9 Azalea Nominee Trust; SE 12 – 622; AP 29-8.
        Certificate of Compliance; Songwind LLC; SE 12 – 565; AP 27.1-86.
        
With no further business to conduct the meeting adjourned at 2:20 PM.  

Respectfully submitted by Chuck Hodgkinson, C.A.S.