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Conservation Commission Minutes 10/21/15
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Maureen Eisner, Joan Malkin, Chris Murphy, Bob Hungerford and Chuck Hodgkinson.  Reid Silva, George Sourati, Peter Norris, Stanley Startzell and Alison Rich Stearns also attended.  Pam Goff was absent.  

The meeting came to order at 12:30 PM.

NOI SE 12 – 750; REID SILVA FOR FRED F. TILDEN AND JOSEPH ROBBAT, JR., TRUSTEES; 11 Marsh Road; AP 27.1-27, 28, 32:  Ms. Broyard opened the public hearing at 12:32 PM.  Mr. Silva reviewed a site plan dated 8/26/15 to remove eight trees or prune and maintain the canopies of these existing trees to open the water view.  Three trees are located within a Bordering Vegetated Wetland.  The remaining five trees are within the 100-foot buffer zones of a perennial stream and the Bordering Vegetated Wetland.  A stand of Russian Olive along Marsh Road will also be removed to protect the overhead wires and open the view.  All work will be done by hand.

The Commission discussed the observations made at the site visit and did not agree with the request to remove all of the trees.  Mr. Silva said an arborist will be doing the work and offered to have a pre-work site visit with the Conservation Agent to review exactly what may be done in Phase I.  An on-site meeting would also take place before any Phase II work is done to evaluate the results of Phase I.  

Two letters of support from neighbors were read for the record.  Mr. Startzell attended and reiterated the neighbors are in full support of this plan as they work together to maintain views while respecting privacy.  After further discussion and with no additional public comment 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 site plan dated 8/26/15 with noted changes and the following special conditions:   1.  As hand drawn on the file site plan the pitch pine may be flush cut at the stump and removed.  2.  The cedar tree and the oak tree near the pitch pine may be shaped and trimmed.  3.  No work shall be done to the cedar tree in the wetland and the beech tree.  Work on these trees will be determined as Phase II after the approved work is completed and evaluated.  4.  The three cherry trees may be flush cut at the stump and removed.  5.  The stand of Russian Olive along the roadway may be removed.  6.  All work shall be done by hand.  7. An on-site meeting shall take place among the Conservation Agent and Arborist before any work begins on Phase I or Phase II.  

The motion was seconded and with no further discussion passed unanimosuly with six in favor.
 
NOI SE 12 – 747; GEORGE SOURATI FOR PETER NORRIS AND AMY H. RUGEL;    19 Blueberry Ridge Lane; AP 8-59:  Ms. Broyard opened the public hearing at 1:17 PM.      Mr. Sourati presented a revised site plan dated 10/21/15 to install an irrigation well within the buffer zones of a fresh water pond and a Bordering Vegetated Wetland.  The proposed well location is approximately 70 feet from the wetland edge and 60 feet from the pond.  This location will not require any trees to be removed for the well rig.  Mr. Norris explained he wants to install a dedicated irrigation well to water his extensive gardens.  In the summer this requires about eight hours of irrigation per day.  In the dry months this watering puts excess pressure on his domestic well and well pump.  With no additional public comment a motion was made to close the hearing at 1:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised site plan dated 10/21/15 with the following special condition:  1. The applicant shall return with a separate plan for trenching the power to the irrigation well and installing the below-grade irrigation system.  The motion was seconded and after brief discussion passed with five in favor and one abstention (Ms. Eisner).

DISCUSSION 1997 CONSERVATION RESTRICTION WITH ALISON RICH STEARNS; 5.31-ACRES; 8A Clambelly Road; AP 7-64.1.   Ms. Stearns thanked the Commission for its time and explained this land under CR and the adjoining 3-acres of buildable land with a home are for sale.  A prospective buyer would like to clear the 5.31-acres that are under the Conservation Restriction to be used as a horse pasture.  A barn would be built on the 3-acre parcel of land.  The Commission asked if a part of the land abutting the CR land could also be used for the horses and explained the rule of thumb is to dedicate 2-acres of land for each horse.  

The Commission asked exactly what is being proposed.  Ms. Stearns said there are no specific details as this is just a speculative concept at this point.  She is here seeking approval to clear the land.  The Commission asked if all the trees will be removed and the remaining cleared land tilled and planted as pasture.  Ms. Stearns said that is possible.  

After reviewing the prohibitions and exemptions from these prohibitions the Commission focused on exemption # 6 regarding animal husbandry.  Chuck H. read a note from Ms. Goff to the Commission outlining the intent and purpose of the CR and how to interpret the request within the context of the CR.  After additional discussion the Commission said it is premature to grant approval to what is being proposed without having specific details.  Ms. Stearns understood and thanked the Commission again for its time.

ADMINISTRATION:

The meeting minutes of September 16, September 30 and October 7 were each reviewed and approved as presented by consensus.

Ms. Shweder suggested the Commission produce a flyer for distribution to all property owners—especially new property owners that outlines the key points in the Town’s Wetland Protection Bylaws.  The intent would be to educate residents on the water resources that are protected before work is done in a resource or buffer zone without any knowledge of the regulations.  The Commission thought this was a good idea and offered several suggestions on how to prepare a flyer.  Some suggestions were conferring with the MVC and MACC to see if there are flyers that may already exist that achieve the goal.





Signatures:
Order of Conditions SE 12 - 750; Tilden; AP 27.1-27, 28, 32.
                Order of Conditions SE 12 - 747; Norris; AP 8-59.
                
The next meeting will be Wednesday, November 4, 2015 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 2:15 PM.

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