Minutes of Meeting
November 15, 2012
To: Town Clerk
cc: Members
File
Present: R. Ballantyne, A. Tolland, M. Allen, M. DePoto, J. Fournier, J. Livingstone,
P. Stolfa, Associate Member, Michele Grenier, Conservation Agent
Absent: R.Willis, A. Riordan, Associate Member
There was a motion to accept the minutes of the November 1st, 2012 meeting. The motion was seconded and accepted with a vote of 4-1-1; 4 Yes 1 No, 1 Abstention.
Ms. Michele Grenier’s Agent’s Report has been appended to the minutes.
GENERAL BUSINESS
Minor Buffer Zone Activity: 31 Anthony Road
Regan Ballantyne, Conservation Commission Chair, recused herself from this public hearing.
Ms. Katherine Buckley, the applicant, appeared before the Commission to remove several trees that are a danger to the house. She provided photos of these trees which were damaged during Hurricane Irene. The stumps will be left intact.
Michele Grenier, Conservation Agent, stated that she visited the site and recommended that the trees be taken down.
A Commission member requested some mitigation for habitat purposes.
There was a motion to issue a Negative Determination subject to 4 conditions; the Conservation Staff must be notified before the work commences, when the work has been completed, the work must be done according to the plan and some mitigation plantings must be planted subject to the approval of the Conservation Agent by the end of June 2013. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Public Meeting – Request for Determination – Upper Union Street – Kearsarge Franklin
Mr. Mike Lotti and Mr. Rich McCarthy, representatives of Innovative Engineering Solutions, and Mr. Edward Titlebaum of Kearsarge Energy, all appeared before the Commission for the installation of a solar energy generation facility.
Mr. Lotti stated that the land is owned by Mount St. Mary’s Abbey and the property would be leased for this project. The field is previously disturbed.
The proposed work will be conducted outside of the 25 ft. buffer zone. There will be no topsoil removed and there will be no grading. Silt fence and straw wattles will be used for erosion control purposes.
The proposed project will commence in Spring of 2013.
Michele Grenier, Conservation Agent, informed the Commission members that she has visited the site and it is not a Natural Heritage Area.
Mr. Lotti stated that they will be taking down some trees near the street and replanting some trees as mitigation.
The Commission members requested that the applicant use biodegradable compost socks for erosion control purposes and not haybales.
There was a motion to issue a Negative Determination subject to 4 special conditions; the Agent must be notified before the work begins, the Agent must be notified when the work has been completed, the work must be conducted according to the plan and the applicant must use 12” biodegradable compost socks for erosion control. The motion was seconded and accepted with a vote of 6-0-0.
Public Meeting – Request for Determination – 828 West Central Street – Stop & Shop Fueling Station
Attorney John Touhig, representing Stop & Shop, Mr. Connor Nagle, Civil Engineer and Mr. Matt Farrell, Wetland Scientist of VHB, all appeared before the Commission for the construction of a 5 pump fuel facility.
Attorney Touhig provided the Commission with background information for the site. The DEP has previously issued a Superseding Orders of Conditions which is still valid.
Mr. Farrell provided the Commission with a detailed overview of the conditions on the site, particularly regarding the wetlands. He has recently reflagged the site last year.
Mr. Connor gave the Commission a detailed description of the site conditions. The underground storage tanks are both double walled tanks and have been pressure tested for leaks. There will also be an oil/water separator.
A Commission member raised concerns regarding the fence being the best access to the Desaulniers Hemlock Gorge site. Mr. Connor stated that an access point could be created in order to gain access to the top of the gorge. The Stop & Shop Fueling Station is amenable to creating this access point.
The Commission Chair inquired what erosion control will be used. There will be compost socks used for this purpose.
There was a motion to issue a Negative Determination with 7 Special Conditions; the Conservation Office must be notified before the work begins, the Conservation Office must be notified when the work has been completed, the work must be conducted according to the plan, compost socks must be used for erosion control, an updated landscaping plan must be submitted, an access agreement be executed to DeSaulniers Gorge satisfactory to the Town Attorney, Mark Cerel and that access must be maintained in perpetuity, a revised plan must be submitted with correct plant species listed. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing - Notice of Intent – 4 Bogastow Brook Lane – Walsh - CE159-1038
Ms. Danielle Walsh, the applicant, and Ms. Rebecca Weissman, PWS, both appeared before the Commission for the removal of 4 trees, placement of fill and grading. Ms.Weissman submitted additional information and supporting documents for the Commission’s review. She also gave the Commission a brief update of what has transpired for this site to date.
Ms. Weissman stated that a more extensive mitigation plan has been developed for the four trees that will be removed in this project. We are mitigating by installing 2 trees and 8 shrubs and removing five invasive shrubs on the northern part of the property. These will be replaced with highbush blueberry and winterberry shrubs. Some additional mitigation will also be provided.
The granite bounds which were requested by the Commission at the edge of the lawn are also depicted on the plans. The construction schedule is also depicted on the plan.
The Commission requested 100% survivability on the trees over 2 years.
There was a motion that the applicant has satisfied their burden of proof and issue Orders of Conditions with 20 conditions; 19 standard conditions and 1 special condition requiring 100% survivability on the trees and shrubs in the BZ enhancement area #2 for 2 years. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 1 Abstention.
Enforcement: 360 West Central Street – Akin Bak Farm
Ms. Bette Crawford Rousseau and Mr. Seth Crawford of the Akin Bak Farm both appeared before the Commission on this Enforcement Order issued to them regarding alteration of the riverfront.
Ms. Rousseau informed the Commission that she is clearing the land on the farm for agricultural use so that the growing of vegetables may continue. The use of the farm is only for agricultural purposes.
Ms. Rousseau stated that she has been working with the NRCS to produce a Farm Plan and will submit it to the Commission as soon as it is ready. She submitted a map produced by the USDA depicting the wetlands around the site.
A Commission member stated that once a farm plan is obtained, the process with Conservation is simplified. Ms. Rousseau is in the process of having a farm plan drawn up for the property.
Michele Grenier, Conservation Agent, stated that once the applicant has obtained a Farm Plan, there is an abbreviated process with Conservation but they are still required to appear before the Commission in order to do the work.
The Commission members will conduct a site walk of the farm on Sunday, November 18th at
9 a.m.
Certificate of Compliance: 3 Symmes Road
Michele Grenier, Conservation Agent, informed the Commission that she has visited the site. The house is 25 years old and it has been built according to the plan. She recommended that the Commission issue a Certificate of Compliance for the site.
There was a motion to issue a Certificate of Compliance for 3 Symmes Road. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: Lot 6 Cotton Tail Lane
Michele Grenier, Conservation Agent, informed the Commission that the house is presently under construction. All of the external construction has been completed. Sod has been put in and the grass is mature. There is still work being done in the interior of the house.
The Commission will not issue the Certificate of Compliance until the Certificate of Occupancy has been issued.
Comments
At the end of this meeting, we had voted 5-0-1 to ratify the contract with Eco-Tec for Cook’s Farm.
Signed Determinations of Applicability, Orders of Conditions & Certificate of Compliance
Determination of Applicability (Negative) Map 344, Parcel 007 Upper Union Street
Determination of Applicability (Negative) 828 West Central Street – Stop & Shop Fuel Facility
Determination of Applicability (Negative) 31 Anthony Road – Buckley
Orders of Conditions – 4 Bogastow Brook Lane – Walsh – CE159-1038
Certificate of Compliance – 3 Symmes Road – Campbell - SE159-466
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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