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Conservation Commission Minutes 07/02/14
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Chris Murphy, Maureen Eisner, Joan Malkin, Bob Hungerford, Wesley Cottle and Chuck Hodgkinson.  Reid Silva, Tara Marden, Greg Berman, Richard Nylen, George Brush and Allison Burger also attended.        

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Ms. Eisner as a voting member for the Fool’s High Tide and       RJMDock, LLC hearings.  

NOI SE 12 – 702; TARA MARDEN FOR FOOL’S HIGH TIDE, LLC; 25 East Lane; AP 32-68.1:  Ms. Broyard commented the voting members for this hearing are Commissioners Broyard, Goff, Malkin, Cottle, Hungerford, Murphy and Eisner and opened the continued hearing at 12:33 PM.  Ms. Marden distributed written responses dated 6/23/14 to the Commission’s questions that were submitted after the   June 4 meeting.  She also produced a new site plan dated 6/24/14 that reflects revised sediment characteristics.  The sediment in the proposal changed over the past few weeks and now has significantly less sand veneer than shown on the original site plan.  Ms. Marden continued that the volumes of rock and sand sediment and the design of the project have not changed.  It is a dynamic coastal system that is constantly changing.  The sand moves west to east and the rock substrate remains in place.  Ms. Marden then defined the limits of the headland and the sediment characteristics by resource area.

The Commission read four letters from the various state agencies:  2 letters from the NHESP – dated 6/3/14 and 6/18/14; the DEP comments dated 5/16/14; the cover note and letter from the Division of Marine Fisheries dated 6/12/14 and 6/2/14 respectively.  The Commission then asked if the cobble is not moving how will this beach nourishment proposal not perform as a coastal engineering structure.  Mr. Berman said the cobble will most likely not be transported down drift given the 10:1 slope.  It will shift in response to wave energy but have net zero movement.  The shifting cobble will absorb the wave energy.

The Commission suggested excavating the existing large stones – using what has been naturally deposited at the site – in lieu of adding more large stones as proposed.  This would mean only adding the small cobble and sand while re-locating the existing large stones.  This would maintain the natural distribution of large stones.  Ms. Marden agreed.

The Commission asked about adding the proposed five-year supply of sand sediment and how the volume of 1,100 cubic yards of sand was determined.  Ms. Marden said they used the accepted formula developed by Coastal Zone Management.  In this case the annual sand sediment shift is about 225 cubic yards.  She added the NHESP wanted five years of sand added at one time for shore nesting bird habitat.  After much discussion the Commission asked for time to study the written responses to their questions.  Ms. Marden agreed.  A motion was made to continue the hearing to a special date of July 23, 2014     @ 11:00 AM.  This will be the only hearing on the agenda.  The motion was seconded.  In discussion the Commission agreed the variance request should also include the road protection measures for the segment of East Lane that is in the buffer zone of an Isolated Wetland on Map 32 Lot 72.  The motion came to a vote and passed unanimously with seven in favor.

CONTINUED PUBLIC HEARING NOI SE 12 – 706 REID SILVA FOR                             RMJ DOCK, LLC 16 Harbor Hill; AP 27.1-104:  Ms. Broyard confirmed the eligible voters for this hearing are Commissioners  Broyard, Malkin, Goff, Hungerford, Cottle and Eisner and opened the continued hearing at 1:45 PM.  Mr. Silva explained he would like to design a new dock and re-license it rather than try to replace the existing pier and features.  For example, the walkway to the pier is only two feet wide and should be four feet wide for safety reasons.  The Commission agreed.  Mr. Silva asked for a continuance to July 16 @ 12:45 PM to provide time to prepare the drawings.  A motion was made to grant the request.  The motion was seconded and with no further discussion passed unanimously with six in favor.

CERTIFICATE OF COMPLIANCE SE 12 - 674; JOHN ABRAMS FOR I FOUND MY THRILL; 74 North Rd.; AP 3-2 (Inn at Blueberry Hill):  Order of Conditions issued on 12/21/12:  Chuck H. summarized the Order to expand an existing dwelling in the buffer zone of a Bordering Vegetated Wetland.  Approximately 392 sq. ft. was added to the dwelling with 160 sq. ft. added to the porch.  The existing septic tank and pump chamber were relocated outside the 100-foot wetland buffer zone; and the parking area a portion of which is in the wetland buffer zone was relocated farther from the wetland.  Six trees were removed and the stumps ground.  Approved changes included site plans dated 2/19/13 and floor plan dated 2/12/13.  A new site plan dated 6/27/14 was reviewed showing the shed was built in a location that is in the 100-foot buffer zone of a Bordering Vegetated Wetland – 58 feet from the wetland edge.  The approved site plan had the shed outside the buffer zone.  After much discussion a motion was made to require the applicant to submit a new Notice of Intent for the shed in its current location.  Also, the Certificate of Compliance will not be discussed until the Notice of Intent is heard for the shed’s new location.  The motion was seconded and unanimously approved with seven in favor.

ADMINISTRATION:  

The June 4, 2014 meeting minutes with one correction were reviewed and approved by consensus.  The June 18, 2014 meeting minutes were reviewed and approved as presented by consensus.

The Commission complemented Greg Berman’s draft report and assistance with the Fool’s High Tide application and agreed he should issue his final report and send a copy to Ms. Marden.  The next meeting will be Wednesday, July 16, 2014 @ 12:30 PM.  With no further business to conduct the meeting adjourned at 2:30 PM.  

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