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Conservation Commission Minutes 04/01/15
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Joan Malkin, Chris Murphy, Pam Goff and Chuck Hodgkinson.  Reid Silva, Kent Healy, Chris Alley and Zach Wiesner also attended.  Wesley Cottle, Candy Shweder, Bob Hungerford and Maureen Eisner were absent.        

The meeting came to order at 12:33 PM.  

NOI SE 12 - 731; ZACH WIESNER; 31 Meadow Lane; AP 30-76.1:  Ms. Broyard opened the public hearing at 12:34 PM.  Mr. Wiesner explained he would like to establish broad development guidelines and conditions for a vacant, 4-acre parcel.  The lot has a significant Bordering Vegetated Wetland.  Once the land is sold this will give the new owner the conditions under which the lot may be developed.  The Commission commented on the site visit and thanked Mr. Wiesner on this thoughtful gesture.  With no comment from the public a motion was made to close the hearing at 12:41 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to establish the following conditions as shown on the site plan dated 4/19/13.  These conditions apply in the event of any development of the property.

  • The structural development shall be within the identified building envelope that is outside the wetland buffer zone.~ If any construction, development or landscape activity or a view maintenance plan is planned in the buffer zone, a Notice of Intent or Request for Determination of Applicability must be filed.
  • The owners shall review the overall development and landscaping plans with the Commission to agree upon the locations for erosion control and siltation barriers along the edge of the 100-foot wetland buffer zone to protect the resources during construction.
  • A construction staging area shall be identified and located outside the buffer zone.
  • The power line may be trenched from the existing pole and through the buffer zone to the development site.~
  • If a view maintenance plan is desired that is within the Commission’s jurisdiction the owners shall file a Notice of Intent or Request for Determination of Applicability.
  • As a section of the driveway leading to the site is within the 100-foot buffer zone of a Bordering Vegetated Wetland, a specific roadway for construction vehicles and equipment shall be agreed between the contractor and Conservation Agent and bordered with construction fencing to minimize excessive disturbance.
The motion was seconded and with no further discussion passed unanimously with four in favor.
 
NOI SE 12 – 732; CHRIS ALLEY FOR MARGARET PSARAKIS; 3 Catherine’s Way;  AP 30-49:  Ms. Broyard opened the public hearing at 12:43 PM.  Mr. Alley apologized for not attending the site visit and reviewed a plan to upgrade the 4-bedroom septic system by replacing a cesspool with a Title V septic system.  The entire septic system –pump chamber, septic line and leach field are within the buffer zone of a Bordering Vegetated Wetland.  The closest activity (leach field) is 51 feet from the wetland edge.  Ms. Goff attended the site visit, described the site and asked Mr. Alley for the type of wetland that is on the property.  Mr. Alley was not sure but did mention the wetland is quite extensive and continues onto the abutting property.  He said there is no pond down grade and was not sure if the wetland drains into a stream.  The Commission explained the type of wetland will help define its value.  Mr. Alley said the ground is highly porous sand and has rapid absorption.  He added the property is for sale and if approved by the Commission and Board of Health the new owners will be responsible for the installation.  The water well will remain as is.  After much discussion and with no comment from the public a motion was made to close the hearing at 12:55 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and shown on the site plan dated 3/5/15 with the following special conditions:  1. The siltation barriers shall be installed and approved by the Conservation Agent (CA) before work begins.  2.  All excavation spoils shall be stockpiled on the south side of the leach field – away from the wetland.  The motion was seconded and passed with three in favor and one abstention (Ms. Malkin).

NOI SE 12 – 733; REID SILVA FOR ARTHUR MAHON; 6 Tucker Trail; AP 33-56:      Ms. Broyard opened the public hearing at 12:59 PM.  Mr. Silva explained this is a very old dock and he is applying for a permit to maintain the existing timber-pile pier, tie-off piles, ramp and seasonal float on Nashaquitsa Pond and obtain a Chapter 91 license.  He pointed out that the immediate maintenance need is to replace two missing spiles as shown on the plan.  The comments from the Division of Fisheries and DEP were read for the record.  There was much discussion about the size of the fixed deck leading to the ramp and seasonal float dock.  With no comment from the public a motion was made to close the hearing at 1:26 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented with the following special conditions:
  • The dock and seasonal float shall not be expanded.
2.  Replacement of two missing spiles as shown is approved.  All replaced spiles shall be made of un-treated materials.
3.  Any maintenance plans must be reviewed with the Conservation Agent (CA) before work begins.  
4.  When the fixed deck is replaced the new deck surface shall allow at least 50 % light         penetration to promote vegetation growth below.  
5.  When the float dock is replaced the new design shall accommodate the best materials and practices to lighten and improve the float’s separation from the pond bottom.  
6.  Any gas-powered machinery shall be fueled outside the resource area and resource buffer zone.
7.  All construction debris shall be removed from the site daily or stored in a covered dumpster located outside the resource area and resource buffer zone.
The motion was seconded and with no further discussion passed unanimously with four in favor.

DISCUSSION KENT HEALY FOR BART THORPE; ENFORCEMENT ORDER ISSUED 2/6/15 TO MATTHEW LICHTENBERG AND LEONARD BLUM, TRUSTEES; THE PASTURE WAY REALTY TRUST; 14 Marjo’s Way; AP 27-2:  Mr. Healy said he is representing Mr. Thorpe on this issue.  The Commission explained that while surveying the clearing and re-landscape plan for the Enforcement Order issued to Stephen Merkel a new area of clearing in the buffer zone of a Bordering Vegetated Wetland was identified on Map 27 Lot 2.  The newly cleared area is approximately 4,280 sq. ft. all of which is within the 100-foot buffer zone.  The Commission discussed the observations made at the site visit and further explained the property owner is responsible even if he or she did not do the activity.  Also,  Mr. Thorpe’s property was listed as an applicant in Mr. Merkel’s Notice of Intent for the restoration plan outlined in SE 12 - 720.    Mr. Healy said Mr. Thorpe will do whatever the Commission decides.  The Commission explained there are two separate issues:  1. Mr. Thorpe is ultimately responsible for having the re-vegetation plan installed on his property as outlined in the Notice of Intent and Order of Conditions issued for SE 12 - 720.  This was necessitated by the unpermitted clearing done in the resource area and buffer zone by Mr. Merkel.  If Mr. Thorpe does not want Mr. Merkel to plant the material on his land then, he will need to do it himself.     2.  Mr. Thorpe is also accountable for the additional clearing done in the resource area on his land regardless of who did the work.  This area is highlighted on the Schofield, Barbini & Hoehn surveyed site plan dated 1/23/15.

After much discussion the Commission agreed to the following plan of action:
  • Send a letter to the assessed owner of Mr. Thorpe’s property AP 27-2 explaining what must be done to satisfy the conditions issued for SE 12 – 720.
  • Require the owner to submit a Notice of Intent no later than June 15 that includes a plan for the restoration of the area that was additionally cleared as shown on the site plan dated 1/23/15.  Consideration should be given to maintaining a no-cut buffer zone that is within 50 feet of the wetland edge.
A motion was made and seconded to adopt the plan as outlined.  With no further discussion it passed unanimously with four in favor.  Mr. Healy thanked the Commission for its time.

CERTIFICATE OF COMPLIANCE SE 12 – 660; VYTLACIL; 21 Squibnocket Rd.;
AP 35-24:  Chuck H. reviewed photos of this site and the Order of Conditions for a new well and upgraded septic system that was issued on July 12, 2012.  He recommended the project is in full compliance.  A motion was made to accept the report and issue a corresponding Certificate of Compliance.  The motion was seconded and with no discussion passed unanimously with four in favor.

ADMINISTRATION:  
        
Review of the March 4, 2015 and March 18, 2015 meeting minutes were both reviewed and approved as presented by consensus.  

The following documents were signed:  
Order of Conditions SE 12 – 731; Wiesner; AP 30-76.1.  
Order of Conditions SE 12 – 732; Psarakis; AP 30-49.  
Order of Conditions SE 12 – 733; Mahon; AP 33-56.
Certificate of Compliance SE 12 – 660; Vytlacil; AP 35-24.

The next meeting will be Wednesday, April 15, 2015 @ 12:30 PM.

Chuck Hodgkinson submitted his letter of resignation and with no further business to discuss the meeting adjourned at 2:05 PM.

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