FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Wesley Cottle, Joan Malkin, Bob Hungerford and Chuck Hodgkinson. Chris Alley, Kate Warner, Kristen Reimann, Wendy Weldon, George Brush, David Damroth, Ellen Goldmuntz, Jay Slater, Barbara Goldmuntz, Peter Metz, Justin Metz, Emily Liman and Jenn Yeomans also attended. Sandy Broyard, Candy Shweder and Chris Murphy were absent.
The meeting came to order at 12:32 PM. The Commission appointed Ms. Goff as acting Chair for the day’s agenda. The site visits were made on August 6th.
AMENDED ORDER OF CONDITIONS SE 12 – 654; KATE WARNER FOR PETER MOSES; 11 East Lane; AP 32-72: Ms. Goff opened the public hearing at 12:35 PM. Ms. Warner proposed changes to the plan and Order of Conditions that was issued on June 20, 2012. A revised site plan dated July 13, 2013 was reviewed with the following proposed changes: 1. The design and footprint of the new house has changed and is still located outside the wetland buffer zone. 2. The guesthouse that was noted on the site plan and outside the buffer zone will not be built at this time. 3. The design of the new house will diminish the visual impact of the house upon abutting neighbors. Approximately 1,210 sq. ft. of land will require re-grading of the contours within the wetland
buffer zone. Retaining walls will also be needed for this area. The re-grading will take place in the existing lawn area and will be approximately 82 feet from the wetland edge. The retaining walls will be outside the buffer zone.
After brief discussion and with no public comment a motion was made to close the hearing at 12:42 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the changes as presented with the following special conditions—which are the same as in the original Order: All construction debris shall be removed from the site daily or stored in a covered dumpster located outside the resource buffer zone. 2. Snow fencing with silt fence backing shall be installed along the current lawn/vegetation edge between the work area and wetland and approved by the Conservation Agent before work begins. 3. Existing lawn area in the buffer zone shall be restored. Additional landscaping must be reviewed by the Commission before installation. 4.
Construction equipment shall access the site from the east. No heavy equipment shall be in the lawn area toward the wetland. 5. An on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order before work begins. 6. A copy of this Order shall be available on site at all times during construction. 7. There shall be no underground storage of fuel oil. The motion was seconded and with no further discussion passed unanimously with four in favor.
NOI SE 12 - 694; CHRIS ALLEY FOR DOUGLAS LIMAN; 34 Blacksmith Valley Rd.; AP 35-38: Ms. Goff opened the public hearing at 12:45 PM. Mr. Alley summarized that the trenching and conduit for water and electric utilities plus additional tree planting has already been approved for the project—SE 12 – 689. He then reviewed a revised site plan dated August 7, 2013 to construct a 384 sq. ft. barn with fencing and connect the barn to the previously approved water line and power conduit. The barn will be supported by twelve sono-tube footings. 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. The barn’s new proposed location is 70 feet from the wetland edge. The closest section of the fencing is 51 feet from the wetland edge. No additional clearing is needed for the barn which is now approximately 174 feet from the western property line and stone wall.
The Commission read Mr. Liman’s letter dated 8/7/13 for the record outlining the planned use of the barn and fenced in property. They asked if the barn’s location can be moved to be 100 feet from the wetland edge. Mr. Alley said the Town’s Zoning Bylaws have specific siting restrictions for structures placed on ridges.
The Site Review Committee Report dated 7/25/13 was read for the record. The findings were re-affirmed in the August 7th report. The barn’s use restrictions in the report stating the proposed building will stay agricultural and shall not become a dwelling or studio with bathroom at any time in the future were noted. The Commission asked about the slope of the land toward the wetland. Mr. Alley said the land has about a 4 percent slope at the barn and reduces to about a 2 percent slope at the fencing. The NHESP report and five additional letters were also read for the record (Elizabeth Goldmuntz dated 8/4/13; Barbara Goldmuntz dated 8/4/13; Charles Parker and Virginia Dawson dated 8/6/13; George Brush dated 8/6/13 and Peter Tamm dated 8/7/13).
Mr. Alley commented that the zoning issues raised should be interpreted by the Building Inspector and Zoning Enforcement Official. The Commission opened the hearing to public comment.
Mr. Damroth expressed his concern with excessive nutrient loading into the wetland that drains into Squibnocket Pond from farm animal waste. He questioned Mr. Liman’s intent to properly care for the farm animals as evidenced by his being in London today – rather than at the hearing. He cited a previous lack of care for some pigs that were raised by Mr. Liman several years ago. Mr. Alley pointed out there are no set formulae that calculate nitrogen’s impact on water bodies and said all nitrogen perks into ground water at some point. He projected that under Title V septic guidelines Mr. Liman’s 12.8-acres of land could potentially support a septic capacity of up to 40 bedrooms. He added the wetland has a positive impact on nitrogen attenuation.
Mr. Brush referenced his letter and how the Commission is given jurisdiction for agricultural uses under Zoning Article 12 Section 12.3B2b. Mr. Alley pointed out that no additional clearing is required for the barn as referenced in this section. Ms. Weldon questioned whether or not the Zoning Bylaw applies if no additional clearing is needed.
Mr. Alley added the Notice of Intent was filed under the Commonwealth’s Wetland Protection Act and the Town’s Wetland Protection Bylaws only. Mr. Brush also sited Section 12.4C of the Zoning Bylaws. After discussion among the Commission it asked Mr. Alley if he would be opposed to continuing the hearing to August 21 @ 12:30 PM to provide time to get clarification from the Zoning Official. The Commission was not inclined to act on an application for a project that potentially may not be buildable. Mr. Alley agreed to the continuance. A subsequent motion was made and seconded to continue the hearing to August 21, 2013 @ 12:30 PM to provide time to consult with the Building Inspector. With no comment the motion passed unanimously with four in
favor.
ADMINISTRATION:
The July 24, 2013 meeting minutes were reviewed and unanimously approved as presented.
The following document was signed:
Amended Order of Conditions Moses SE 12 – 654; AP 32-72.
The next meeting will be Wednesday, August 21, 2013 @ 12:30 PM.
With no further business to conduct the meeting adjourned at 2:10 PM.
Respectfully prepared by Chuck Hodgkinson, C.A.S.
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