FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Wesley Cottle, Chris Murphy, Joan Malkin and Chuck Hodgkinson. Reid Silva, George Sourati, Chris Alley, George Brush, Bill Rossi, David Damroth, Joseph Dick, Doug Cooper, Josh Scott and Karen Overtoom also attended.
The meeting came to order at 12:31 PM. The site visits were made on June 4. Ms. Broyard appointed Alternate Commissioner Murphy as a voting member for the day’s agenda.
NOI (TOWN BYLAW JURISDICTION ONLY-NO DEP FILE #) GEORGE SOURATI FOR PAUL & CYNTHIA KAPLAN; 16 Valley Lane; AP 3-50: Ms. Broyard opened the public hearing at 12:32 PM. Mr. Sourati reviewed the site plan dated 4/11/13 and explained the owner would like a permit to develop a vacant 3-acre parcel. The plan proposes a single-family residence and wrap-around deck in a location that is 60 feet from the edge of an isolated, 2,580 sq. ft. wetland and within the jurisdiction of the NHESP. The outside limit of work is 55 feet from the wetland edge. He further explained the owner does not plan to develop the lot as shown. This permit is being obtained to help sell the property. The wetland and buffer zone have not been attractive to buying prospects because they cover
approximately 2/3 of the property. The eventual buyer will develop the property—if the plan is permitted.
The Commission discussed the need to approve a speculative plan and ultimately agreed it must act on the proposal put forth.
Mr. Cooper explained he flagged the wetland edge 10-12 years ago using both soil boring and vegetation analyses. His assessment led him to believe area has wetland characteristics but they are not high value wetland traits. The wetland contained a higher concentration of facultative wetland plant species (plants that can grow in both dryer, upland areas or in wetland soils such as high bush blueberry or viburnum). There were fewer obligate wetland plants which only thrive in wetland soils. The Commission inquired about the PVC drainage pipe that is in the wetland and asked if it was installed in an attempt to drain the wetland. It further speculated if the pipe was plugged perhaps the wetland would stay wetter and attract more obligate vegetation. A continuous flow of water was seen
coming from the pipe during the site visit. Mr. Cooper said the pipe was there ten years ago and he agreed it was most likely installed to drain the wetland.
The Commission asked if the wetland would be larger if the PVC drainage pipe was plugged. Mr. Cooper said he does not think the wetland would expand because the soil borings indicated a wetland did not exist beyond the flagged perimeter. Hydric soils would be evident beyond the flagged perimeter if the wetland was larger before the drainage pipe was installed.
The Commission asked if there is an alternative location for the proposed house that is outside the buffer zone and Mr. Sourati admitted there is. The Commission discussed the pros and cons of relocating the house farther away from this particular isolated wetland. It ultimately agreed with Mr. Cooper’s assessment that this wetland is not as valuable as a Bordering Vegetated Wetland that would protect a larger system and reiterated it must act on the proposal as presented. It further agreed a 20-foot no-cut buffer zone around the perimeter of the wetland edge would help protect the resource.
With no further public comment a motion was made to close the hearing at 1:12 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 4/11/13. The motion was seconded. In discussion it was agreed to add the following special conditions under the Town’s Wetland Protection Bylaws, Section 1.02 to this Order of Conditions:
1. There shall be no underground storage of fuel oil.
2. The observed PVC drainage pipe in the wetland shall be plugged and approved by the Conservation Agent before construction begins.
3. A 20-foot no cut, vegetated buffer shall be perpetually observed round the entire perimeter of the isolated wetland as shown on the site plan.
4. The eventual land owner who develops the property shall return to the Commission with a complete landscape plan for approval before construction begins.
5. If the actual footprint of what's planned for construction is different than the footprint shown on the approved site plan, the Commission must approve the plan before construction begins.
6. If the basement foundation is deeper than ten feet below existing mean, natural grade level, the Commission must approve the change before construction begins.
The motion came to a vote and passed with four in favor, one opposed (Mr. Murphy) and one abstention (Ms. Malkin).
NOI SE 12-689; CHRIS ALLEY FOR DOUG LIMAN; 34 Blacksmith Valley Road; AP 35-38: Ms. Broyard opened the public hearing at 1:26 PM. Mr. Alley reviewed the revised plan dated June 4, 2013 to install electric fencing, underground utilities for water and electric and add four zones for tree planting. The proposed barn has been eliminated from the project because the location is still being negotiated between Mr. Liman and his neighbor. All the work is within the expanded 200-foot buffer zone of a Bordering Vegetated Wetland that drains into Squibnocket Pond and within the jurisdiction of the NHESP. There is a stream that runs through the wetland that may be intermittent.
Mr. Alley explained the buried utilities will be installed by a boring method under the grass road and through the wetland. The traditional method of digging an open trench will not be needed. The Commission reviewed the list of trees that will be planted and read the NHESP comments for the record. The proposal is not considered to be a taking of wildlife habitat or will not threaten state-listed endangered species.
Mr. Brush, attorney for abutter Goldmuntz read the Town Zoning bylaw Article 12 Section 12.3B2b and pointed out the Commission must approve new agricultural uses in the Squibnocket Pond District if the use was not in existence before 1990. He proposed prohibiting pigs and limiting the number of goats or sheep to a total of four animals. The Commission responded by saying the bylaw specifies the Commission must approve new agricultural uses if additional clearing is required. That is not the case with this proposal. No new clearing is needed in these fields.
Mr. Damroth added he is concerned with pigs because in the past they attracted rodents. He is also concerned with the runoff of animal waste into the wetland.
The Commission reviewed the proposed fence location and its proximity to the wetland and the specific land contours. After much discussion of relocating the fence perimeter Mr. Alley proposed revising the application further by eliminating the request for an electric fence. The scope of work for this application would only include the four zones of tree planting and the installation of the underground utilities.
With no further comment from the public a motion was made to close the hearing at 1:51 PM. The motion was seconded and passed unanimously. A subsequent motion was made to approve the most recent revised scope of work as described with the following special conditions: 1. A revised site plan shall be provided that eliminates the fence before issuing the Order of Conditions. 2. The revised and approved scope of work only includes the following as will be shown on the revised site plan—the tree planting zones 1 – 4; the trenched and bored water line and electric conduit. 3. The perimeter of each tree planting zone shall be flagged and approved by the Conservation Agent before work begins. 4. A copy of this Order shall be available on
site at all times during construction and installation. 5. The proposed electric fence and barn have been removed from the scope of work. 6. There shall be no underground storage of fuel oil. The motion was seconded and with no further discussion passed unanimously with six in favor.
NOI SE 12 - 692; REID SILVA FOR CHRISTIAN HALBY; 16 Shepherds Path; AP 24-1: Ms. Broyard opened the public hearing at 2:05 PM. Mr. Silva reviewed the plan to rebuild an existing damaged 101-foot long boardwalk and a 41 foot long timber pier and maintain them in perpetuity. The original walkway and pier had an Order of Conditions but did not have a Chapter 91 license and were destroyed in Hurricane Sandy. The deck of the boardwalk over the wetland will be made of one inch fiberglass mesh to allow light penetration. The pier over Doctor’s Creek will have a wooden deck with cedar post supports and pin footings. A letter of consent dated 5/10/13 from the property’s Trustee Scott Rosenberg is in the Notice of Intent because the work is proposed on the
property owned by Shepherds Path Nominee Trust.
Mr. Silva added the walkway will be four feet wide and 18 inches above the wetland surface. With no public comment a motion was made and seconded to close the hearing at 2:15 PM. The motion passed unanimously. A subsequent motion was made to approve the plan dated 5/20/13 as proposed with the following special conditions: 1. The project is approved provided there is no significant comment from the NHESP. 2. All gas-powered hand tools shall be fueled outside the resource area and 100-foot buffer zone. 3. All debris shall be removed from the site daily or stored in a covered dumpster that is located outside the 100-foor buffer zone. 4. Perpetual maintenance is allowed provided a Chapter 91 license is obtained, all conditions of this Order are met and the
maintenance plan is reviewed with the Conservation Agent before work begins. The motion was seconded and with no further discussion passed unanimously with six in favor.
DISCUSSION REID SILVA FOR 3 SDS, LLC (SHUMAN); SE 12 – 670; 11 Round Pond Road; AP 35-1.4: Mr. Silva reviewed the approved landscape plan as part of the development of this vacant lot and detailed a proposed change to the landscape plan. They would like to convert approximately 350 sq. ft. of planned planting beds surrounded by below-grade concrete walls into lawn. He added if approved the concrete walls will not be installed. After brief discussion a motion was made to declare the proposed change as inconsequential and thus, not require the hearing to be re-opened. The motion was seconded and passed unanimously with six in favor. A subsequent motion was made to approve the changes as described. The motion was seconded and also passed unanimously with
six in favor.
ADMINISTRATION:
The May 15, 2013 meeting minutes were reviewed and unanimously approved as presented.
Chuck H. reviewed photographs and provided project updates for the following:
Natalie Conroy: SE 12 – 597; SE 12 – 640; AP 33-33.
Grin Acres; Nickerson Farm Lane: SE 12 – 659; AP 21-10, 12, 13.
Enforcement Order Simonsen; 37 Flanders Lane; AP 26-23.
Lesser Septic System; SE 12 – 688; 2 Salt Meadows; AP 21-52.1.
SWB Ltd. Partnership; SE 12 – 630; Greenhouse Lane; AP 33-30.
The following documents were signed:
Order of Conditions No File #; Local Bylaw Only; Kaplan; AP 3-50.
Order of Conditions SE 12 – 689; Liman; AP 35-38.
Order of Conditions SE 12 – 692 Halby; AP 24-1.
The June 19th meeting was canceled. The July meetings will take place on Wednesday, July 10 and Wednesday, July 24 @ 12:30 PM.
With no further business to conduct the meeting adjourned at 2:42 PM.
Respectfully prepared by Chuck Hodgkinson, C.A.S.
| 
