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Cons Comm Minutes 02/04/09
Minutes of Conservation Commission Public Meeting

Date:        February 4, 2009
Time:           4:00 pm
Location:       Town Hall Hearing Room

Commissioners Present:  Co-Chair Ginie Page, Patrick Winslow, John DiBlasio, Cyndi Moe and Terry Gips.   
Staff Present:  Agent Hillary Greenberg, Assistant Agent Andrew Petty,Hillary Greenberg and Christine Bates, Committee Secretary
Regrets:  Ed Reynolds

4:00 - Business Meeting & Conservation Agent's Report

Co-Chair Ginie Page opened the meeting at 4:00 pm.

Attorney Ben Zehnder and Dan Glucksman gave an overview of the septic upgrade on the property at addressStreet165 Commercial Street.  Zehnder stated there were questions regarding the bedroom count (6 bedrooms), the water going to the shed, and the screened porch.  He stated the Glucksman’s will be going to the Board of Health for septic approval with a new application.  Zehnder stated a bedroom was removed from the main house to accommodate a bedroom (or habitable space) in the shed.  Agent Greenberg stated the shed originally had an order of condition from the Board of Health that stated there was to be no water or heat.  Although the Glucksman’s received e-mail approval for adding a deck and screened porch from the Building Inspector, they did not realize they had to come before the Conservation Commission again.  Zehnder stated he wanted to bring the Commission up to date on the activity on the property.  

Attorney Ben Zehnder, Steven Swain, and Dana Heilman, from the former Captain Higgins Restaurant, stated there was a temporary awning over the back deck.  They built a permanent roof over the decking which is in the resource area and they will be filing a new Special Permit request with the ZBA.  They will be using the roof to collect water which will be used to flush the toilets, reducing the amount of  storm water runoff.  Zehnder stated he wanted the Commission to be brought up to date on the activity of the property.

Chet Lay of Slade Associates distributed site plans for 90 Coles Neck Road, stating the owners want to create a parcel to sell.  He will be filing an NOI for the installation of a driveway close to the wetlands, as well as variances to construct a dwelling that would be within the 100 foot buffer zone.  

Charles Amsler requested an informal discussion regarding property by Uncle Tim’s Bridge (Parcels 102 and 104).  He stated he has an agreement to take care of the property with John Grillo, the owner.  He would like to plant asparagus and flowers in the area, blocking off the garden from Commercial Street with rocks.  There was discussion regarding the materials he would use, such as fertilizers, etc.  He will  draft a proposal identifying all the materials, stake the area, and file an RDA.

Jurisdictional Opinion:  Moore, 975 Chequessett Neck Rd. a request to conduct soil testing.  Ginie Page moved to approve the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.

The Commission approved and signed the necessary paperwork for the Conservation Restriction on the Pinto property located at Old Paine Hollow Road.  

Agent Greenberg stated there is an ongoing debate regarding kite surfing.  She stated she wrote a letter to NHESP regarding the hazards to shore birds and requested their opinion/ direction regarding the Gut, Duck Harbor and Great Island.  The timeframe for no kite surfing would be April 1 to August 31.
    
Public Hearings 05:00 pm
5:00 pm
Makely (owner Steven Anthony), 149 Hamblen Farm Rd, Map 12, Parcel 47, RDA, Establish community garden.   The Commission expressed concerns about the fresh water marsh and fertilizers that may be used.  Celeste Makely stated they want to use compost this year to start establishing the soil and the owners of the property stated they could have use of the land for two to three years.  She stated businesses have volunteered their time and materials to get this up and running and this could be a model for other gardens within the town.  There is room for 33 small plots in total on the Hamblen Farm property but they are planning on 25 so the remaining area could be used for crops such as pumpkins and strawberries, etc.  Several businesses would like to hold a Farmers Market to sell the produce.  Chet Lay stated he would supply a site plan identifying the wetlands.  John DiBlasio moved to continue to February 18, 2008; seconded by Cyndi Moe; passed 5-0.

5:13 pm
Tritle, 50 W. Main St., Map 14, Parcel 30, RDA, Septic Upgrade and new well.  David Lajoie represented the applicant and stated this is an upgrade and gave an overview of the property, identifying the wetlands.  There was discussion regarding whether the library is on town water or a private well.  John DiBlasio identified this as a Negative 3; seconded by Cyndi Moe; passed 5-0.
 
5:22 pm
Catani, 166 Pine Point Rd., Map 21, Parcel 57, NOI, Construct handicapped ramp, new deck and posts to support decking.  Chet Lay of Slade Associates and Peter McDonald, Architect, gave an overview of the project.  The owners want to have handicap access to the second floor.  The new post to support the deck would be within the 50 foot buffer zone and would be hand dug.  There will be less than ten sono tubes for the entire project.  There would be minimal grading, using a small bobcat machine.  Cyndi Moe moved to approve the project; seconded by John DiBlasio, passed 5-0   

5:36 pm
Benson, 270 Bayberry Lane, Map 41, Parcel 130, NOI, Septic upgrade.   David Lajoie represented the applicant and gave an overview of the project, identifying the abutting wells, the resources, and issues with the property.  Lajoie requested a continuation waiting to hear from Natural Heritage.  Cyndi Moe moved to continue to 2/18/09; seconded by John DiBlasio; passed 5-0.
    
5:42 pm
Woods, 150 3rd St., Map 40, Parcel 98, NOI, Installation of sand drift fencing with beach nourishment (Cont’d from 1/21/09).  At the applicant’s request for a continuation, (Stan Humphries), Terry Gips moved to continue to 2/18/09; seconded by John DiBlasio; passed 5-0.

5:43 pm
MA Audubon, Lt. Island Rd., Map 40, Parcel 101, NOI, Installation of sand drift fencing and beach nourishment (Cont’d from 1/21/09).  At the applicant’s request for a continuation (Stan Humphries),     
Terry Gips moved to continue to 2/18/09; seconded by Cyndi Moe; passed 5-0.

There was further discussion regarding gardening in the wetlands.  

Cyndi Moe moved to adjourn at timeHour18Minute06:00 pm; seconded by John DiBlasio; passed 5-0.

Respectfully submitted,


Christine A. Bates, Committee Secretary