Conservation Commission
Meeting
November 16, 2006
Peg Arguimbau Chairman, Stephan Glicken, Katherine Roth, Hank Langstroth, Christine Turnbull and Stephen Cremer were the members present.
Laura Nelson, Finance Committee liaison, was present in the audience.
7:45 p.m. Old/New Business:
Approve Past Meeting Minutes
Peg called for a motion to accept the October 5, 2006 Meeting Minutes as presented.
Katherine Roth moved. Christine Turnbull seconded. Voted. 5-0-1.
Peg called for a motion to accept the October 19, 2006 Meeting Minutes as presented.
Stephan Glicken moved. Stephen Cremer seconded. Voted. 4-0-2.
Peg called for a motion to accept the November 2, 2006 Meeting Minutes as amended.
Hank Langstroth moved. Stephan Glicken seconded. Voted. 4-0-2.
Correspondence
The members of the Commission addressed a letter to various town departments concerning
the formulation of an Open Space Committee for updating the Town’s Open Space & Recreation
Master Plan.
8:30 p.m. Abbreviated Notice of Intent Hearing continuance- Drake Realty Trust for the proposed site
preparation and grading associated with construction of a single family house at
13 Drake Circle, DEP File # SE-280-0479:
The Applicant, Bill Matt, appeared before the Commission. Patrick Garner, Wetland Scientist, was also present.
The Attorney for the Applicant, Mike Khoury, was present in the audience.
The Applicant revised the design plan for the proposed project in an effort to keep construction outside
of the 125’ setback requirement for the proposed septic system. The design of the new lot will involve the
resource areas in the back corner of the proposed lot.
Patrick Garner discussed the existing wetland issues concerning the proposed project with the Commission:
· The primary wetland concern is an existing, isolated wetland located north of the site along
the "I" Wetland Line. Patrick Garner questioned whether it is necessary for the Applicant to meet the
criteria concerning the 100' setback of a newly created, isolated wetland that is protected by the town's
by-laws. He explained to the Commission that he has not been able to design a plan to comply with the
100’ setback requirement for the isolated wetland on the site.
· There is a 16' - 20' conflict concerning the delineation of the "S" Wetland Line. ( The Conservation
Commission Administrator and the Commission's consultant delineated the "S" Wetland Line that
determined the 100' Buffer Line and the 125' setback requirement for the proposed septic system.)
Based on comments received from a previous meeting with the Board of Health, the Applicant
might request a variance from the Commission for replication of the wetlands on the proposed
project site to be in compliance with Board of Health regulations.
The Conservation Administrator presented a photograph dated 8/10/06 of one of many juvenile wood frogs found
on the proposed site. He stated that a portion of the lot might be in a Zone 2 area, therefore, a
variance from the Board of Health for a 5' groundwater separation for the leaching field of the proposed septic
system would be required. A variance from the Commission would also be required if the Applicant proposes
to fill in the resource areas in order to secure regulatory setbacks. (This would result in setting a new
precedent for the Commission.)
Peg expressed her concern as to the clearing of approximately 50' – 60' of the 100' Buffer Line inside one
corner of the proposed project site by the Applicant's new design proposal.
The Commission expressed their concern regarding the sensitive environmental areas of the proposed project
site and stated that they were not comfortable with setting a new precedent for the proposed project.
Page 2 SCC 11/16/06 Meeting Minutes
Bill Matt stated that this proposed lot is the last lot to be developed from the Iverson Subdivision that was
completed back in the 1980s. He recalled that there was a parcel at the end of a cul de sac that was presented
to the Commission, in addition with other subdivision parcels, for allowing roadway access and utility
installation for six lots within the subdivision. He stated that he hopes to be afforded a similar consideration
for this project. He will try to mitigate the proposed lot as much as possible to be in compliance with the
Commission.
Peg explained to the Applicant that Mr. Iverson designated a portion of the subdivision as "Open Space"
due to a significant amount of wetlands that were present on the site.
Peg explained to the Applicant that the wetland areas of the proposed project site have changed since the 1980s.
Peg stated that she would not be in favor of disturbing a portion of the buffer in the back corner of the lot from
a Conservation Commission standpoint, as well as from an abutter's, for the proposed project.
The Applicant is considering the following options for the proposed project:
· To request a variance from the Commission concerning the isolated wetland area on the property,
provided that it is not determined to be a certified vernal pool.
· To request a variance from the Commission for replication of the resource areas of the proposed site.
Peg requested the following information from the Applicant:
· To establish the Zone 2 boundary line on the proposed lot.
· To confirm the viability of the potential vernal pool on the site.
Hank Langstroth expressed his concern with the Commission setting a precedent if the Applicant is allowed
to utilize an existing, as well as creating a new resource area for the proposed project. Some members of the
Commission voiced similar concerns.
The Applicant expects to confirm the following concerning the proposed project:
That the proposed lot is not located in a section of Zone 2.
That a certified vernal pool does not exist on the proposed project site.
That he is granted a variance from the Commission if it is determined that the area of the
isolated vegetated wetland is at or above 2,000 square feet.
Peg called for a motion to continue the hearing until further notified by the Applicant.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
9:10 p.m. Signatures:
The Commission signed bills.
9:15 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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