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Conservation Commission Minutes 08/17/16
FINAL

Present for the Conservation Commission and attending the meeting were:  Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Maureen Eisner, Pam Goff, Sandy Broyard and Chuck Hodgkinson.  Also attending were Reid Silva, Carlos Montoya, George Sourati, Matt Poole, Jack Englert and Jim Williams.  Russell Maloney, Chris Murphy and Bob Hungerford did not attend.  

The meeting came to order at 12:30 PM.  

NOI SE 12 – 775; REID SILVA FOR PROSPECT HILL ASSOC.; Prospect Hill Rd.;       AP 20-77, 83:  Ms. Shweder opened the public hearing at 12:30 PM.  Mr. Silva reviewed a plan to stabilize an existing road/driveway shoulder by placing retaining boulders and re-grading the road shoulder.  The project is approximately 1 foot from a Bordering Vegetated Wetland.         Mr. Silva explained two rows of stones will be placed on the south side of the road by a mini excavator.  The shoulder will then be loamed and seeded to prevent further erosion.  The Commission asked about erosion control measures that will be used during the work and before the seed is established.  Mr. Silva agreed siltation barriers will be staked to contain erosion.  The DEP comments were read for the record.  After brief discussion and with no public comment a motion was made to close the hearing at 12:36 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:  1.  A mini-excavator will be used to place two rows of stones along the south side of the roadway.  2.  The roadway shoulder shall be loamed and seeded when the work is completed.  3.  Siltation barriers shall be installed on the south side of the roadway before work begins and left in place until the re-seeding is established.  4.  On-going maintenance is allowed provided the maintenance plans are reviewed with the Commission or its designee before work begins.  The motion was seconded and with no discussion passed unanimously with five in favor.  

NOI SE 12 – 774; REID SILVA FOR FRANK SICA; Gosnold’s Way; AP 20-28:                         Ms. Shweder opened the public hearing at 12:40 PM.  Mr. Silva explained Mr. Sica would like to build and maintain a four-foot wide walking path on a vacant 20-acre parcel of land and clear the vegetation to expose the stone walls.  Portions of the work are within the 100-foot buffer zones of five wetlands of varying sizes.  The closest activity is approximately 40 feet from a wetland edge. The Commission asked about how the wetlands should be delineated in those areas where the path enters a buffer zone.  The DEP comments were also read for the record.  With no public comment a motion was made to close the hearing at 12:50 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the following special conditions:
  • The project is approved provided there is no significant comment from the NHESP.
  • An on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order before work begins.
  • The walking path sections located within the buffer zones shall be staked with flags before being cut.  The wetland edge for each section of walking path in each buffer zone shall then be delineated and staked.  The final walking path location shall be relocated as needed and staked with flags such that no segment of a walking path in a buffer zone shall be closer than 40 feet from any delineated wetland edge.
  • No trees shall be removed in the four-foot wide walking trail.
  • No brush cutting shall be done to expose the stone walls.  Only hand-held tools shall be used and they shall be re-fueled outside the resource areas and resource area buffer zones.
  • No trees shall be removed to expose the stone walls.
  • A final site plan of the walking trail location and delineated wetland edges shall be provided to the Conservation Agent before work begins.
  • Any changes to this plan as conditioned shall be approved by the Commission before work begins.
The motion was seconded and with no further discussion passed unanimously with five in favor.

NOI SE 12 - 776; REID SILVA AND CARLOS MONTOYA FOR JAMES TAYLOR; Muddy Cove Rd.; AP 31-1:  Ms. Shweder opened the public hearing at 12:50 PM.  Messrs. Silva and Montoya reviewed a plan to stabilize a coastal bank on Menemsha Pond with native plantings and coir fiber logs.  Approximately 25 linear feet of bank will be stabilized.  The Commission commented on the damage done to the bank on both sides of the stairway and asked for a way to prohibit personal water craft from being dragged down the bank.  They also thought the piling on the beach should be removed.  Mr. Montoya discussed the recommended plant list which will be included with the Order if approved.  With no public comment a motion was made to close the hearing at 1:05 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1. Staked coir logs shall be placed at the base of the bank.  2.  A permanent physical barrier shall be placed adjacent to both sides of the existing stairway and at the top of the bank to prevent small pleasure craft from being dragged down the bank along each side of the stairway.  3. The piling on the beach shall be removed.  4.  The applicant shall return to the Commission if additional erosion occurs.  5.  On-going maintenance is allowed provided the maintenance plans are reviewed with the Commission or its designee before work begins.

The motion was seconded and after brief discussion passed unanimously with five in favor.

RFD REID SILVA FOR KENNETH SWEDER; 61 Hammett Rd.; AP 9-6:    Mr. Silva outlined a plan to relocate a portion of the existing driveway that is in the 100-foot buffer zone of a Bordering Vegetated Wetland.  A portion of the new driveway will also be within the wetland buffer zone.  The majority of the new driveway will be slightly farther away from the wetland edge than the current driveway (80 feet vs. 70 feet).  The Commission discussed how the abandoned driveway will be re-vegetated with plantings similar to the existing native vegetation.  After brief discussion a motion was made for a negative determination with the following condition:  1. The abandoned section of driveway in the buffer zone shall be re-vegetated with native plants consistent with the existing vegetation.  The motion was seconded and with no discussion passed unanimously with five in favor.

DISCUSSION GEORGE SOURATI FOR ENGLERT; SE 12 – 771; Flanders Lane;         AP 26-29:    Mr. Sourati explained an Oder was issued to install a new septic system on this sensitive site.  The Order mandated a de-nitrifying septic system upgrade.  He said the Board of Health thought this site was not a good one for a FAST de-nitrifying system.  Mr. Poole explained the Board of Health did not want to contradict the Commission’s concerns.  The Commission discussed how the vast wetland system between the site and Menemsha Pond will in fact attenuate many of the nutrients and agreed that any upgraded system is better than the current cess pool.  Mr. Sourati presented a proposed new septic plan with the revised date of   6/13/16.  The Commission discussed the resources and agreed to defer to the Board of Health for regulating the nitrogen treatment at this site.  A motion was then made to declare the revised plan dated 6/13/16 as an inconsequential change to the original and to approve the plan as presented.  The motion was seconded.  In discussion comments were made that the Board of Health is the expert on septic systems.  The Commission is charged to regulate the Town’s wetland resources.  The motion came to a vote and passed with three in favor and two opposed (Ms. Malkin and    Ms. Eisner).

DISCUSSION GEORGE SOURATI FOR CESTAR; SE 12 – 760; 11 Hill Land; AP 32-40 (Peggy Freydberg’s house):   Mr. Sourati explained an Order was issued in February 2016 to renovate the existing house; remove a section of the house next to the stream and install a pier foundation system under the remaining section of the house near the stream.  He said the cost to build the approved plan was too high and the owner would like to renovate the current structure as is, not finish the expanded second floor space and not remove the section near the stream.  The Commission thought this was a significant change to the approved plan.  If the applicant wishes to pursue this new plan a formal application for an Amended Notice of Intent will be required, the hearing will need to be noticed, re-opened and abutters re-notified.  Mr. Sourati thanked the Commission for its time.  

ADMINISTRATION:
        
The following documents were signed:

Order of Conditions SE 12 – 775; Prospect Hill Assoc.; AP 20-77, 83.
Order of Conditions SE 12 – 774; Sica; AP 20-28.
Order of Conditions SE 12 – 776; Taylor; AP 31-1.
Determination of Applicability Sweder; AP 9-6.

The meeting minutes for August 3, 2016 were reviewed and approved as presented by consensus.
                
With no further business to discuss the meeting adjourned at 2:15 PM.

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