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Conservation Commission Minutes 07/11/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Donald Poole, Joan Malkin and Chuck Hodgkinson.  George Sourati, Reid Silva, John Abrams and Ryan Bushy also attended.  Wesley Cottle and Caitlin Jones were absent.  

The meeting came to order at 12:30 PM.  The Commission welcomed Ms. Malkin to the Board and looks forward to her fresh perspective and contributions.  The site visits for the day’s agenda were made on July 10.  

NOI SE 12 – 661; REID SILVA FOR BLUE SKY MV, LTD; Blue Heron Farm;     41 Cobbs Hill Rd.; Map 11 Lot 23.3:  Ms. Goff opened the public hearing at 12:35 PM.  Mr. Silva summarized the plan to excavate and remove an existing built-in swimming pool, spa, stone patio, flagstone path and pool equipment.  They will excavate for and construct a new 30’ X 60’ built-in pool, 20’ X 60’ wooden deck, new wood walkway and pool equipment building.  A new lawn will be planted.   All of the described work is within the 100-foot buffer zone of the Wades Cove Coastal Bank.  The closest activity is approximately 6 feet from the top of the Coastal Bank as defined in the regulations.  

The Commission discussed the site visit and asked if the section of the existing pool fence that is in the coastal bank area can be relocated out of the bank.  This would provide more area for wildlife movement within the existing brush and vegetation.  Mr. Abrams thought this could be done.  He also thought the reduction of the lawn area might be possible.  This would enlarge the no cut zone and allow natural plant growth to return.

The Town’s Bylaw Regulations for a coastal bank resource were read for the record.   The Commission asked for the differences between the total footprint and area of the existing pool and related disturbed areas of walkways and patios versus the proposed plan.  It also asked if the new deck will be raised and supported on piers and for the depth differences of the pools.  It also asked about the foundation details for the pool house – that is sited just outside the buffer zone.  The proposed pool is within the coastal bank’s buffer zone and 160 feet from the cove water’s edge.

Mr. Abrams distributed a new site plan “P-04” dated 7/11/12 and pointed out the net reduction of the non-permeable area -- excluding both pools – is -2,426 sq. ft. for the proposed plan versus what’s currently in place.  He added the deck would be raised on support posts, the depth of the new pool would be the same as the present pool and the pool house will be on a concrete slab.  The Commission responded that it is interested in the total disturbance and changes made to the land contours and how that might affect water drainage and flow.  It was mentioned that the Zoning Board of Appeals must also approve the pool’s location as outlined in the Town’s Zoning Bylaws.

After much discussion and with no comment from the public a motion was made to close the hearing at 1:17 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented on the site plans P-01 dated 6/20/12 and P-02, P-03 and P-04 dated 7/11/12 with the following special conditions that shall be met before work begins:

  • A new site plan showing the new location for the pool’s safety fence that allows for more wildlife movement in the existing understory shall be approved by the Commission.
  • A landscape and site plan indicating the outer edge of lawn and the limit of the no cut zone, which shall at least double the proposed no cut zone on the submitted plan shall be approved by the Commission.
  • A demolition and construction timetable shall be provided and approved by the Commission.  It is interested in how the timing may impact wildlife migration and nesting patterns.
  • An on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order.
  • The hay bales and silt fencing plan shall be installed and approved by the Conservation Agent.
  • If the Zoning Board of Appeals changes any aspect of the approved site plans or locations, the applicant must return to the Commission for approval of the changes.
  • The deck will be supported on piers with sand or gravel underneath the planks.  
The motion was seconded and with no discussion approved unanimously with four in favor.

NOI SE 12 - 660; REID SILVA FOR THE ESTATE OF ANNE VYTLACIL;         21 Squibnocket Rd. Map 35 Lot 24:  Ms. Goff opened the public hearing at 1:25 PM.  Mr. Silva reviewed the plan to abandon the existing water well and cesspool.  A new water well with related trenching for the water line and power and a 1500 gallon septic tank and system will be installed.  The work areas will be re-graded, loamed.  The well is approximately 12 feet from the edge of an isolated wetland.  The septic system, water well line, existing well pump house and existing well are within the 200-foot buffer zone of a Bordering Vegetated Wetland as defined for the Squibnocket Pond District in   Article 12 of the Town’s Zoning Bylaws.

Mr. Silva added the well cuttings will be removed from the site.  The well rig will be outside the stone wall on the northeast side of the driveway for minimal disturbance.  The septic will have a 4-bedroom capacity.

With no comments from the public a motion was made to close the hearing at 1:33 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:

  • An on site meeting shall take place among the Conservation Agent and contractor(s) before work begins.
  • The Conservation Agent shall approve the well rig location and the installed hay bales and silt fencing before work begins.
The motion was seconded and with no discussion approved unanimously with four in favor.

REQUEST FOR 3-YEAR EXTENSION ORDER OF CONDITIONS SE12 – 588; GEORGE SOURATI FOR HELENA COLLINS; 26 Hammett Road; AP 8-2:  Current Order expires August 21, 2012:  Mr. Sourati reviewed the special conditions in this Order of Conditions for the construction of a vehicle bridge over an existing wetland, a driveway, retaining wall, parking area, and activities associated with the construction of a single-family residence.  The residence will be located outside the buffer zone.  The underground utilities, a water line from an existing well, the driveway, parking area and portions of the retaining wall and cleared area are also in the buffer zone.  

Mr. Sourati presented a revised site plan with the following required changes as outlined in the Order of Conditions.  The other special conditions in the Order still apply and must be met before work begins.  

1.  The bridge will be located approximately 25-30 feet to the south and shown on a revised site plan.   
2.  Twenty feet of the retaining wall in the buffer zone will be removed and shown on the revised site plan.
3.  No further lawn area is allowed in the future beyond the limit as shown to the hay bales on the site plan date 7/7/09.
4.  The precise location for the driveway will also be provided on the revised site plan.
5.  Directional drilling will be used for the well water line.

After discussion the Commission agreed all of the changes shown on the site plan dated 6/15/12 are acceptable.  A motion was made to approve the requested extension.  The motion was seconded and unanimously approved.

REID SILVA - REVIEW PROPOSED FORM C SUBDIVISION FOR MARTHA AND STEVEN FLANDERS; AP 13-27.  Mr. Silva explained that as part of the Town’s Form C subdivision process, the plan must be shared with various Town boards for comment.  He explained the features of the proposed subdivision site plan dated          May 1, 2012.

The Commission discussed the resource areas shown that are protected by the Wetland Protection Act and those that are protected by the Town’s Wetland Protection Bylaws and the potential building envelopes for each lot.  The Commission asked    Chuck H. to send a memo to the Planning Board with the following comments:

  • The proposed 40-foot way extension to lots 2, 3 and 4 is outside the resource buffer zones and not within the Commission’s jurisdiction.
  • The proposed well and septic locations are outside the resource buffer zones and not within the Commission’s jurisdiction.  If there is no alternative to trenching for this infrastructure within a buffer zone, prior approval and a permit will be needed from the Commission.
  • The Commission asks that the Planning Board consider keeping the building envelopes for any structures outside the 100-foot resource buffer zones.
  • If there is no alternative to installing and trenching for electric and communications utilities within a buffer zone, prior approval and a permit will be needed from the Commission.
  • If there is no alternative to installing a part of a driveway within a buffer zone, prior approval and a permit will be needed from the Commission.
  • The applicant should confirm with the Conservation Commission whether or not the stream is perennial or intermittent – as labeled on the site plan.    
ADMINISTRATION:  

The June 20, 2012 Meeting Minutes were reviewed.  Ms. Goff declared them acceptable as amended.  

The following documents were signed:
 
Order of Conditions Blue Sky MV; SE 12 – 661; AP 11-23.3.
Order of Conditions Vytlacil; SE 12 – 660; AP 35-24.
Order of Conditions Extension Collins; SE 12 – 588; AP 8-2.

With no further business to conduct the meeting adjourned at 2:15 PM.  

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