FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Donald Poole, Dick Smith, Caitlin Jones, Wesley Cottle and Chuck Hodgkinson. Chris Alley, Dick Barbini, Jim Belushi, Tom Tate, John Clarke, Marina Lent, Joe Tierney, George Sourati, Lynn Bouck, Josh Kochin and Lenny Jason also attended. Richard Steves was absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Caitlin Jones and Wesley Cottle were appointed voting members for the day’s agenda. The site visits were made on December 6.
NOI SE 12 – 641; DICK BARBINI FOR 9 AZALEA NOMINEE TRUST; 9 Azalea Lane; AP 29-8: Ms. Goff opened the public hearing at 12:30 PM. Mr. Barbini summarized the revised site plan dated 12/7/11 to build a 28’ X 26’ garage with a footing wall concrete foundation in the buffer zones of two bordering vegetated wetlands. The activity is 48 feet and 64 feet from the respective wetland edges. He pointed out the addition of gutters and an underground water collection system to keep the runoff from discharging over the surface to the wetland. The garage will have no heat, air conditioning, plumbing or water. It will only have electric service for lights. The inside of the foundation walls will be filled. No fill will be added to the exterior grade.
Ms. Goff reviewed the importance and values of the wetland resource and especially the wildlife habitat of the vegetated areas. Mr. Belushi added he particularly enjoys the diverse bird life and pointed out his most productive spotting sites.
With no further comment from the public a motion was made to close the hearing at 12:38 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 12/7/11 with the following special conditions: 1. The garage will only be used for storage and never have any habitable dwelling space. 2. The strip of wetland that runs into the stone wall on the west lot line as shown on the site plan will be allowed to grow back to its natural state and not mowed – with the exception of a four-foot wide walking path located at its highest area west of the vegetation edge. 3. The garage construction and excavation spoils will be contained on the existing gravel parking area. The motion was seconded and approved with
five in favor and one abstention (Ms. Jones).
NOI SE 12 – 643; GEORGE SOURATI FOR THOMAS W. ROUSH; 39 Spruce Gate Road; AP 35-1.14: Ms. Goff opened the public hearing at 12:45 PM. Mr. Sourati summarized the site plan 12/7/11 and a shaded site plan showing activity within the 100-foot buffer zone dated 12/7/11 to develop a vacant lot. A portion the driveway that is 80 feet from the edge of a bordering vegetated wetland will be rerouted. A portion of the proposed pool, deck, single-family residence and parking area are in the 100-foot buffer zone of a 2,731 sq. ft. isolated wetland. The closest activity is 50 feet from the isolated wetland. The isolated wetland is up-gradient from the proposed activity. The 54,000 sq. ft. building envelope was established for the 16-acre parcel in the
1990’s when the property was sub-divided. He added the proposed site plan and footprint is a schematic for a potential buyer. The house is located on the highest ground to maximize the view.
The Commission read Section 3.04 of the Bylaws that describes the interests of an isolated wetland. At the time it wasn’t clear whether or not there is a protected 100-foot buffer zone. The Commission will research and confirm this with Town Counsel at a later date. Mr. Sourati said he is not questioning the Commission’s jurisdiction.
After much discussion about activity within the first and second 50-foot sections of the buffer zone and with no comment from the public a motion was made to close the hearing at 1:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plans as presented and dated 12/7/11 with the following special conditions:
- The limit of work is defined by the 50 ft. setback arc of the isolated wetland as shown on the proposed work within 100 ft. of the isolated wetland site plan.
- There will be no construction element of the development within 55 feet of the isolated wetland.
- No section of the pool will be within any buffer zone or within the Commission’s jurisdiction.
- All decking within the Commission’s jurisdiction shall be placed on sonotube support posts.
- The owner will return to the Commission to review the final landscape, irrigation, construction debris containment and resource protection measures (silt fencing, hay bales) before work begins.
- Any change to the approved site plans or footprints as shown shall be approved by the Commission before work begins.
- The resources protection measures shall be installed on site and approved by the Conservation Agent before work begins.
- This Order shall be reviewed on site among all contractors and the Conservation Agent before work begins.
- A copy of this Order shall be available on site at all times during construction.
There shall be no underground storage of fuel oil.
The motion was seconded and unanimously approved with six in favor.
NOI SE 12 – 644 CHRIS ALLEY FOR ADAM ZOIA; 18 Point Inner Way; AP 33-114: Mr. Poole left the meeting. Ms. Goff opened the public hearing at 1:26 PM. Mr. Alley summarized the history of the water wells that have been used on the property. He then reviewed the plan to abandon the existing water supply well and drill a new water supply well in a location that is 67 feet from the edge of a bordering vegetated wetland; 97 feet from a second bordering vegetated wetland and 108 feet (in the second 100-foot section) of the river front zone of a perennial stream. Mr. Clarke outlined the mineral content of the water wells on this lot and those on the Vila and Iscol properties. He said the water has fewer
minerals as the wells get closer to South Road.
Mr. Bouck shared the specific water quality test results for Mr. Iscol’s wells at 20-21 Point Inner Way. He added the results for the well at 19 Point Inner Way are not available. He said both mineral conditions are treatable at the owner’s expense and agreed it is difficult to link the change in the water quality to the construction activity on the Zoia lot.
Mr. Clarke explained the Board of Health has approved the proposed new well. If it is successful, the current well will be abandoned. Mr. Bouck added that Mr. Iscol has no objection to drilling a new well. Mr. Tate added that if the new well is successful a new water line will need to be trenched around the east side (Point Inner Way side) of the tennis court.
After much discussion about the added protection measures that will be taken during the work and with no further comment from the audience, a motion was made to close the hearing at 1:44 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following special conditions: 1. If the water quality of the new well is not better than the current well, the new well will be filled in and abandoned. 2. Hay bales and silt fencing shall be installed to contain the well cutting debris and silt. 3. Additional silt fencing and hay bales shall be installed within the limit of work area and between the new water line trenching along the east side of the tennis court and the wetland. 4. The current well will be
abandoned and removed if the new well is successful. 5. All water runoff handling, short and long term irrigation plans and landscape plans will be reviewed by the Commission before that work begins. 6. All conditions for SE 12 – 604 still apply. The motion was seconded and unanimously approved with five in favor.
ADMINISTRATION:
The November 16 Meeting Minutes were approved as presented by consensus.
The FY 2013 budget was reviewed and unanimously approved. The Commission gave added direction that none of its Wetland Protection Fund shall be used for annual salary or operating expenses. The Commission will decide how and when to use this fund.
Final site plans for SE 12 – 640 dated 11/23/11 and 12/2/11; Natalie Conroy; AP 33-33: The Commission reviewed and approved the final site plans to relocate both structures on the coastal bank. The deck will be suspended and have no support posts as originally planned.
The following documents were signed:
Order of Conditions 9 Azalea Nominee Trust; SE 12 – 641; AP 29-8.
Order of Conditions Roush; SE 12 – 643; AP 35-1.14.
Order of Conditions Zoia; SE 12 – 644; AP 33-114.
With no further business to conduct the meeting adjourned at 2:15 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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