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Conservation Commission Meeting Minutes 2-19-2013
Conservation Commission Meeting
Town Hall - 25 High Road
Tuesday, February 19, 2013 at 7:00 pm

Next Meeting Date: March 19, 2013

Public Hearings:

Town of Newbury (6 Kent Way) – A continued NOI to construct 2 little league ball fields, 3 basketball courts, 1 skateboard area and a 55-space parking lot.  Not present….have not been in communication or present with the Conscom in some 6 months; recommend that we drop from agenda w/o prejudice. Jim Cunningham made the first motion to accept and seconded by John O’Connell; all in favor.

Richard Kleiman (0 Scotland Road) – An NOI to construct a solar array power generation facility.
Representative Curt Young provided an overview of the project.  Majority of site is wetland; soil conditions and vegetation are taken into consideration.  Site is under agricultural use at this time and is a very flat area for cutting hay and silage.  3 mw of solar generation is proposed. The 18K solar arrays will lay out on racks in rows and raised 3-feet off the ground to allow for habitat movement and facing to the south. Eight foot arrays with 11 foot of separation.  There will be five  utility poles to bring power out to roads. Poles/pads/support of racks (2K)/posts for fence will be temporary and/or minimal impacts. There is an existing access road laid with clamshells out to the site.  There is 1200 sf replication area proposed and the intent is to plant with shrubs.  Not a lit facility other than security lights when needed.  About a 3 week project installation period.

Board member Jim Cunningham – Where exactly is 0 Scotland Road?  
Rep Curt Young stated that this is the old Pickul property; not using the entire size of the lot.
Is there an impervious layer throughout site; perched water table there?  Yes, very wet first 8 inches.  Augured down to 20 inches
Chairman Packer, in the narrative it states a 3-5 foot elevation maintains status quo -
Maintenance – plan to mow 3.4 times a year and keeping the grass length to 6 inches.
John H – any hazardous waste?  Panels are constructed with “hazardous waste” however, there is no known threat from the solar arrays.
Why aren’t the individual rows aligned with the sun?  The panels are, not sure why the rows aren’t. Studies show that this is the best used angle for both solar and to cut the hay.
Board member Dan Streeter asked about what about Maintenance – there may be periodic inspections but generally only if there is a failure.  They will have an ATV to go between rows and conduct maintenance.  There may be some maintenance associated with the volume of pollen, an occasional wash off with water may happen.
Chairman Packer queried about any potential for fire under the panels; there is no reported information of fires with these panels.
Abutter Mike Olson (57 Scotland Rd)  - any audible sound made from the panels?  It is Chairman Packer’s understanding that humming can be heard 50-100 feet.  Mr. Young has no stats on this.  Is there any reflective light from the panel direction that will affect neighbors across the street or wildlife in trees?  Mr. Young is no aware of any studies. Panels are made to absorb reflection.  What about other wildlife; fox, deer, coyote?  They frequently cross through this area.  
JR Colby of Colby Farm – concerned about startling the animals.  Does the infrastructure need to be where it is, can it be placed further away?  Seeding can become an issue if the hay gets too long.  Trees along the property lines need to be kept as is.  Hay is grown and harvested and fed to animals; moving forward will likely only be mulch hay.  There is no property like this in our area; it is a shame to lose this to arrays.  If arrays needed to be cleaned up, at whose expense would it be?  
Planning Board – Some site plan review questions would surround the poles, underground lines and Fire/police access.
Board member Les Jones – Requested specific information on the panels, what it is made of, etc. Mr. Young will send that information along so it may be reviewed prior to next meeting
Continued to site visit on 2/25/13 at 4:00 pm and then to the next regularly scheduled meeting date of March 19th.

Steve Bandoian (41 Annapolis Way) – Rep Bill Decie from Kairos Environmental NOI to repair and/or replace from December 2012 storm; deck, stairway, restack existing stone and placement of sand at dune base.  It is important to note that the conditions on the property have changed since the December storm.   Deck will be a direct replacement.  Proposing 1 ton of stone.
Certainly is a great improvement, but it is clearly not a replacement….this is a new wall.
There will be reflective wave energy that is of concern.  There is also stone on the abutting Prizer property, they will need to file as well.  It is Rep Bill Decie’s opinion that this be done for Prizers under an emergency certificate and at the same time.  The wall return is good for Bandoian but not good for abutter Connors at 39 Annapolis.  Board member Ed Deardon expressed concern with a piece by piece solution instead of a total solution.
Should file with NHESP, go through the motion though they should be happy with the change.
Tom Hughes, here on behalf of Kathy & Bob Connors; no problems with protection of his property but want to ensure the project doesn’t deflect wave energy elsewhere.  They encourage a site walk by the Commission.
Can remove the return and replace with large stone so it doesn’t move down the beach.  What immediate protection can we implement until can approve a plan for this NOI?  
The question is, are you restacking stone or are you rebuilding the wall? Commission site visit scheduled for 2/25/13 at 9:00 am and then to Conservation Meeting on February 26, 2013 at 9:00 am.
Cleon Daskalakis (89 Northern Blvd.) – NOI to renovate, including reconfiguring decks, repair of upper portion of retaining sea wall and installation of seasonal ramp and float.  The dwelling is not livable due to 2nd floor plumbing failure that affected most of the structure. Basin side is mostly inconsistent hard structures; concrete patio and concrete walls, cinder blocks, etc.  Want to replace with more sturdy, consistent structure including wall system.  Removing random concrete structures and will be a pervious surface.   Ramp and 10x20 float into basin; div marine fisheries and NHESP feel the project meets the regulation standards.  They plan on moving non-structural walls to reconfigure.  Caution applicant about substantial improvement; no more than 50% and the building inspector has latitude to make the determinations.  This project does not trigger Chapter 91 license.   John Hartnett recused himself. First motion to accept; Les Jones, and second from John O’Connell; Ed Deardon & Jim Cunningham also in favor.
Peter Erickson (48 Northern Blvd.) – RDA to erect a temporary 24’X44’ tent.   Mr. & Mrs. Erickson were present to state the intent to erect a tent, which would just be temporary, for their daughter’s wedding.  They plan on taking it down a week or so following the wedding.  Chairman Packer made a motion to close the public hearing; Jim Cunningham made the first motion to accept and seconded by Ed Deardon; all in favor.

Mark Richey (10 Fordham Way) – RDA to install a shadowbox style fence.  Rep Doug Cook provided a sample of the shadow box style fence they propose to install.  Five foot tall fence and ends are about 6-feet thigh and the fence is in six foot sections.  The plan is for the fence goes to the edge of shed and the on the property line of the existing houses abutting this property. Chairman Packer had an initial concern that this fence will do a good job of holding sand; which is one of the reasons why this project is a hearing.   After brief discussion, Chairman Packer made a motion to closed the public hearing.   Dan Streeter made the first motion to accept and Jim Cunningham made the second motion; all in favor.

Emergency Certificates:
Timothy Tracy (28 53rd Street) – Installation of coir bags – Commission ratified.   

Certificates of Compliance:  
Mark Richey (10 Fordham Way) – DEP File No. 050-952 to construct single-family home.  Chairman Packer conducted a site visit on February 18th, found this project to be in substantial compliance, and recommends a certificate be issued; all in favor.

Re-Issuance:  None

Other Business:

Leonard Dobson (38 Old Point Road) – Proposed Changes to DEP File No. 050-1088
House encroaches on Kelly property – was ordered by the court to take it down by 2/18.  Has a few suitors for the property and would like to modify what he was ordered to take down.  Mr. Dobson was not present for this business, thus no discussion.
May Meeting Date cannot take place on 5/21/13, due to ATM and STM.  Will need to re-schedule.
Fee Schedule proposal – reviewed and ratified by the Commission.
Update on Plum Island Dune Stabilization
        
Respectfully submitted, Susan Noyes