FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Dick Smith, Bruce Bartels, Donald Poole, Caitlin Jones and Chuck Hodgkinson. Also attending were Reid Silva, Chris Alley, Jonathan Mayhew, Wes Cottle, Doug Cooper, John Clarke, Everett Poole, Marina Lent and Tom Tate. Richard Steves was absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Caitlin Jones was appointed a voting member for the day’s agenda. The site visits for today’s meeting were made on June 14.
NOI SE 12 – 635; CHRIS ALLEY FOR ADAM ZOIA; 18 Point Inner Way; AP 33-114: Commissioner Poole recused himself from the hearing as an abutter and sat in the audience. Ms. Goff opened the public hearing at 12:30 PM. Mr. Alley summarized the site plan dated 6/15/11 to: 1. Demolish and reconstruct an existing gazebo that is within the 100-foot buffer zone of the Quitsa Pond Coastal Bank. The existing foundation will be used. A “rat slab” concrete floor will be excavated and poured within the existing foundation to support mechanical equipment. The new structure will have insulation added, air-conditioning and have heating for year-round use. 2. Demolish, reconstruct and expand the
existing boathouse and stairway that are on the coastal bank of Quitsa Pond. Fifteen new concrete sonotube foundation supports will be installed for the stairway and the existing six cinder block boathouse supports will be replaced with six concrete sonotube foundation supports. A new power line will be brought to the boathouse and it will not have water service. All work on the boathouse and stairs will be done by hand. An estimated 32 sq. ft. of the coastal bank will be altered.
The Commission mentioned how the existing gazebo was never a habitable structure. It further questioned the need for insulation, heating and cooling. Mr. Mayhew asked if the property’s septic system has the capacity for an additional “bedroom”. After much discussion the Commission concluded the proposed structure would get much heavier use than the current one. It is in the buffer zone and within 50 feet of the top of the coastal bank. It also borders the documented otter trail from Quitsa Pond to the fresh water pond on the property. If allowed this would increase the already heavily disturbed buffer zone which has evolved into a most unnatural site. The Commission read Sections 2.05 (2) and (3) of the Town’s Bylaws into the record and added it is
important to have low-impact activity and use.
Mr. Alley reviewed the boathouse plans and pointed out they added three feet in length to the existing structure that is on the coastal bank resource. Mr. Cooper asked how the concrete will be brought to the sonotube foundation. Mr. Tate said equipment with a boom arm will be on top of the bank and will pump the material into the forms. Mr. Cooper added about three yards of material will be removed from the bank and thought the re-vegetated section of the bank (required through an Enforcement Order) has not yet become established. The Commission agreed that no additional disturbance in the coastal bank is desired. It wants to protect the interests of the resource. It also would like to keep the vegetation in its natural
state to protect wildlife habitat. Mr. Mayhew added this new structure will have a detrimental impact on the historic view from the pond.
Mr. Alley reviewed the existing and proposed new stairway plan. The current three separate sections would be replaced and connected with new raised platforms. The entire system will be supported by fifteen centrally located concrete sonotubes. He added the current stairs have locust support posts on each side. The framing would be 12 inches above grade and the decking would be 18” above grade.
The Commission discussed how sonotube supports are extreme and do not seem justified. It was also concerned with rainwater runoff down the bank. Mr. E. Poole added two inch galvanized posts work quite well and just need to be pounded into the ground – requiring no excavation. Board of Health Administrator, Marina Lent commented the Board of Health (BOH) originally counted seven bedrooms for the property and it did not consider the gazebo in the plan. It will discuss the proposal at the BOH meeting later in the evening.
The Commission discussed the scope of the entire existing project and how the three proposed additions would further increase the already excessive disturbance to the resource areas.
Mr. Tate considered this and asked for permission to withdraw the application and added it seems as if the Commission would like to see the current project completed through the Certificate of Compliance before addressing any additional work to the out-buildings and structures on the costal bank resource.
With no further discussion from the audience a motion was made to accept the request to withdraw the Notice of Intent for SE 12 – 635. The motion was seconded and passed unanimously with five in favor.
AMENDED ORDER OF CONDITIONS; CHRIS ALLEY FOR ADAM ZOIA; SE 12 – 604; 18 Point Inner Way; AP 33-114: Commissioner Poole again recused himself from this hearing as an abutter and stayed in the audience. Ms. Goff opened the public hearing at 1:52 PM. Mr. Alley summarized the request to amend the issued Order by adding the following elements to the approved project and work area: 1. Construct foundation drainage systems with three separate pump stations for the planned structures. 2. Place two 5,000 gallon underground water storage tanks next to the accessory structure and in the buffer zone of the fresh water pond as shown on the site plan dated 6/15/11. He pointed out all of the proposed new activity is shown in red and green on the site plan.
The water tanks are also shown. Mr. Clarke added the water filtration system is needed to remove the excess iron from the well water. The new water well is about ten feet from the current water well and had to be dug because the original well was in the middle of the foundation for this new structure—that is not in the Commission’s jurisdiction.
Mr. Cooper commented that the proposed drainage plan was responsible and would not affect the “water budget” of the surrounding wetlands. After discussion among the Commissioners and with no comment from the audience a motion was made to close the hearing at 2:08 PM. The motion was seconded and unanimously approved. A subsequent motion was made to accept the changes as presented and shown on the site plan dated 6/15/11 with the following conditions: 1. All existing conditions dated 4/7/10 for SE 12 – 604 still apply. 2. The installation of foundation drains, two – 5,000 gallon underground water storage tanks and dry wells with pvc piping as shown on the site plan dated 6/15/11 in red and green are allowed. The motion was seconded and with no discussion
passed unanimously with five in favor.
RFD CHRIS ALLEY FOR SUSAN DAVIDSON; AP 34-1.8: Commissioner Poole returned to the Commission. Mr. Alley summarized the site visit observations and plan to relocate two footpaths within the buffer zone of a bordering vegetated wetland. The closest activity is with within 6 feet of the wetland edge. The existing footpaths are on private property and need to be located on the common land as outlined in the subdivision. The original trails will be abandoned and allowed to grow to their natural state. After brief discussion a motion was made for a negative determination with the following conditions: 1. The two new paths may not be cut until after August 15, 2011 and must be completed before November 1, 2011 to not disturb nesting birds. 2. The abandoned
paths will be allowed to grow back to their natural state. The motion was seconded and unanimosuly approved with six in favor.
NOI SE 12 – 621; REID SILVA FOR SCHEUER FAMILY PROPERTIES, LLC; 2 Chocker’s Lane; AP 33-4, 6: Ms. Goff opened the continued public hearing at 2:15 PM and confirmed the eligible voters: Commissioners Jones, Goff, Broyard and Smith. Mr. Silva reviewed the proposed new location and elevated walkway over an intermittent stream and again over the salt marsh at the trail’s conclusion at Quitsa Pond’s shoreline as shown on the site plan dated 6/15/11. All work will be done by hand and pin footings will be used for the raised walkways. Fiberglass grates will be used for the decking to allow 70 percent light penetration. After brief discussion a motion was made to close the hearing at 2:25 PM. The motion
was seconded and unanimously approved by the eligible voters. A subsequent motion was made to approve the plan as presented and dated 6/15/11 with the following conditions: 1. The permanent bridge over the wetland as permitted for DEP file # SE 12 – 552 must be installed as outlined in the Order of Conditions before any other work may be done on the property. 2. The new plan dated 6/15/11 is submitted to the NHESP for review and no significant objections or recommendations are outlined. If there is significant comment from the NHESP, the applicant must receive approval from the Conservation Agent to any proposed changes or suggested mitigation before work begins on the plan. The motion was seconded and unanimously approved with four in favor.
CERTIFICATE OF COMPLIANCE LITWIN; SE 12 – 463; 49 Wequobsque Road; AP 30-113, 114: Chuck H. shared photographs of the existing beach stairs. He added the applicant requests perpetual maintenance as an on-going condition – if the Certificate of Compliance is approved. After brief discussion a motion was made to approve the Certificate of Compliance with the following on-going conditions: 1. The seasonal beach stairs may be maintained in perpetuity provided all conditions of this Certificate are met. 2. The annual stairway maintenance and removal plans must be reviewed with the Conservation Agent before work begins. 3. The lower sections and parts of the stairway that go down the bank to the beach must be labeled with “Map 30 Lot 114”. If a storm damages the structure the Town will know who to contact to remove the debris from the beach. 4. Any sections of the existing stairway that are not used must be removed from the costal bank resource area. It may be possible to
burn the wood however; the Commission is concerned with peripheral damage to the existing brush and habitat on the bank. If a burn is allowed it must also be approved by the Fire Chief in advance. All debris removal plans must be reviewed with the Conservation Agent before work begins. The motion was seconded and unanimously approved with six in favor.
ADMINISTRATION:
The June 1, 2011 Meeting Minutes were approved as presented by consensus.
The following documents were signed:
Order of Conditions Scheuer; SE 12 – 621; AP 33-4, 6.
Amended Order of Conditions Zoia; SE 12 – 604; AP 33-114.
Determination of Applicability Davidson; AP 34-1.8.
Certificate of Compliance Litwin; SE 12 – 463; AP 30-113, 114.
With no further business to conduct the meeting adjourned at 2:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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