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Conservation Commission Minutes 08/20/14
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, Wesley Cottle and Chuck Hodgkinson.  Reid Silva, Kimberly Mercurio, Geoff White and Steve Yaffe also attended.  Bob Hungerford was absent.        

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Ms. Eisner as a voting member for the day’s agenda.

RFD RICK SHWEDER; 4 Fulling Mill Hill; AP 19-39:  Commissioner Shweder recused herself and sat in the audience for this discussion.  Ms. Shweder then explained the plan to clear an access path to the water well.  The path will be mowed about one time per year.  Approximately 60 feet of the path is in the 100-foot buffer zone of a Bordering Vegetated Wetland.  The well and the end of the path are approximately 45 feet from the wetland edge.  After brief discussion a motion was made for a negative determination.  The motion was seconded.  In discussion it was agreed the path will not harm wildlife habitat.  The motion passed unanimously with six in favor.

RFD REID SILVA FOR STEVEN YAFFE AND THE LORNA T. FLANDERS REVOCABLE TRUST; Off Tabor House Rd.; AP 13-27.1:  Mr. Silva explained this land was subdivided in Sept. 2012 and this lot has been sold.  He reviewed a revised site plan dated 8/20/14 to clear a driveway that is in the buffer zones of two isolated wetlands; drill a water well that is in the buffer zone of an isolated wetland and a Bordering Vegetated Wetland; bury utilities down the existing dirt road portions of which are within the buffer zone of an isolated wetland and a Bordering Vegetated Wetland and construct a barn and a separate greenhouse that are both located within the buffer zone of two separate isolated wetlands.

Mr. Silva pointed out the proposed barn has been relocated outside the 100-foot buffer zone of the significant natural wetland because of the comments made at yesterday’s site visit.  The Commission appreciated the change.

Mr. Silva explained the isolated wetland near the road and opposite the tennis court is an old borrow pit that holds water because of the clay substrate.  This is subject only to the Town’s Bylaw Regulations as the Wetland Protection Act (The Act) does not recognize isolated wetlands as resources.  The Act does provide protections for isolated land subject to flooding to contain and manage runoff.

The Commission discussed the area across the road where landscaping materials are temporarily stored.  Mr. Silva agreed the area may have some wildlife habitat benefits.   A subsequent motion was made for a negative determination with the condition that the owner shall maintain a 25-foot no cut buffer of native vegetation from the edge of the wetland that is south of the tennis courts.  The motion was seconded and passed unanimously with seven in favor.

DISCUSSION SE 12 - 700; KIMBERLY MERCURIO FOR WENDY WOLF;         38 Flanders Lane; AP 26-27:  Ms. Mercurio explained the Order of Conditions requires Commission approval of a landscape plan before a Building Permit may be issued.  The Order was issued in May 2014 to build ground level and second story additions to a single-family dwelling.  The construction work is in the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is approximately 53 feet from the wetland edge.  Ms. Mercurio reviewed a landscape site plan dated 8/20/14 with an itemized plant list.  The Commission asked if the “Lawn” areas will be new sod or grass.  Ms. Mercurio said there are no plans to remove any of the existing meadow grass that is in the “Lawn” areas of the site plan.  If small sections are disturbed close to the house it will be replanted with meadow grasses.  After discussion a motion was made to approve the plan as presented and discussed.  The motion was seconded and unanimously approved.

DISCUSSION ON COASTAL MANAGEMENT:  Mr. Murphy expressed an opinion that the Commission will continue to get applications for coastal erosion management.  He proposed the Commission consider adopting a pro-active regulation for the future that establishes criteria or triggers for deciding when a house must be relocated or removed before erosion destabilizes the immediate area, thus prohibiting access for the required equipment.  The Gay Head Light relocation was used as an example of urgency.  It must be relocated while there is still sound footing for the heavy moving equipment.

After much discussion it was agreed the Town should have an opportunity to discuss and decide how to proceed and the most productive way to do this is through drafting a Zoning Bylaw for the coastal districts.

ADMINISTRATION:  

The August 6, 2014 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:

Determination of Applicability Shweder; AP 19-39.
Determination of Applicability Yaffe; AP 13-27.1.
                
The next meeting will be Wednesday, September 17, 2014 @ 12:30 PM.  The Site Visits will take place on September 16 @ 12:30 PM.  

With no further business to conduct the meeting adjourned at 1:45 PM.

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