December 13, 2010 - 7:00 pm – North Hearing Room 3rd Floor

Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Daniel Coughlin, Scott McIsaac, Alan McKenna,
Robert Perry, Nina Villanova and Cliff Prentiss, Conservation Officer
Absent: None

7:00 PM Old/New Business
Approve Draft Minutes – November 29, 2010
Discussion:
Draft – Wetlands Brochure
Foundry Pond – CPC Amendment, GZA Correspondence dated 11/29/10

7:15 PM Requests For Determination of Applicability
210 East Street – Lot 11A
Proposed single family home
Applicant: Michael Cushing

10 Meadow View Road
Proposed expansion of lawn & garden & proposed construction of a "ClearSpan" Cold Frame
Applicant: William C. Marshall

7:30 PM Notices of Intent
86 Pleasant Street – No DEP number or comments as of 12 7 10
Proposed construction of a covered exercise ring for horses
Applicants: Stephen & Maureen Demenna / Representative: Steve Ivas-Ivas Environmental

230 Ward Street – DEP SE 34 1049 - Continuance
Applicant: Nicholas Trifone / Representative: James Burke-Decelle-Burke & Associates
Proposed construction of a new equestrian arena and site amenities

Certificates of Compliance
421 Lincoln Street – TD Bank – DEP SE 341019
Applicant: Bohler Engineering

11 Crooked Meadow Lane - DEP SE 34 0888
Applicant: Penny Collins Sirdee

Executive Session - Pending Litigation

and other such matters that may be pending before the Conservation Commission.

Old/New Business
1. Draft Minutes November 29, 2010
Discussion: Edits were discussed.
Motion: Commissioner Coughlin motioned to approve the 11/29/10 minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None

2. Draft Minutes November 29, 2010 Executive Session
Discussion: No edits necessary.
Motion: Commissioner McKenna motioned to approve the 11/29/10 Executive Session minutes as written.
Second: Commissioner Berry In Favor: All Opposed: None

3. Draft – Wetlands Brochure
Commissioners will forward their comments/revisions via email to the Chair.

4. CPC Amendment, GZA Correspondence dated 11/29/10
CPC Amendment revised 11 29 10 reviewed and approved by the Commission.
Conservation Officer
• Reviewed his memo of 12/9/10 dealing with what type of action to take and GZA's correspondence dated 11/29/10
• Asking the Commission to become the "fresh new face" for the dredging project
• Weir River Watershed has not come before the Commission to present their viewpoint for breaching the dam vs. dredging, yet they are very vocal in their point of view to the press and at other meetings
• Need to have concrete reasons so as not to confuse the voters
• Bill Reardon, CPC Chair, attended a Weir River Watershed meeting and pointed out that if you take the dam down, the silt will cause environmental harm, so there still is the need to dredge. WRW was not persuaded.
• CPC meeting this Thursday, and representation from the Conservation Commission is needed
• GZA is looking for some direction

Commissioner Berry
• Pond needs to be dredged
• Conservation needs to have a discussion with the Weir River Watershed leadership now, not on the town meeting floor

Commissioner Nielsen
• It is our due diligence to speak with Weir River Watershed to better understand their position
• Carolyn, Cliff and Rob will attend this Thursday's CPC meeting

Requests For Determination of Applicability
1. 210 East Street – Lot 11A
Proposed single family home
Applicant: Michael Cushing – Plans presented are in file.
Presentation: Mr. Cushing
• Single family home with site amenities proposed on portion of the Cushing Estate on Chief Justice Cushing Highway
• Work is within 100' Buffer Zone to Wetlands, but across Route 3A from the resource area

Conservation Officer
• Suggested to applicant to file to have a paper trail for "housekeeping"
• Garage will be underneath the home
• Proposed project is too remote to the wetlands to be detrimental

Commissioner Nielsen opened the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner McKenna motioned to approve a Negative Determination for 210 East St. – Lot 11A.
Second: Commissioner Berry In Favor: All Opposed: None

10 Meadow View Road
Proposed expansion of lawn & garden & proposed construction of a "ClearSpan" Cold Frame
Applicant: William C. Marshall - Plans presented are in the file.

Presentation: Mr. Marshall
• Wishes to replant wetlands area that was ditched by Plymouth County Mosquito Control
• Green house is temporary made from hoops and plastic, no foundation

Conservation Officer
• Mosquito Control did their trenching to relieve stagnant water in a drainage area
• Land is old agricultural land
• Ditch hasn't been maintained
• Mr. Marshall and his neighbor on Fontainbleau don't see eye to eye on land use, thus the Enforcement Order which Mr. Marshall has responded to
• Suggest that a buffer of evergreens be planted
• Applicant would like to clean up the brook and the broken brush
• Leave vegetation to regenerate

Commissioner Nielsen suggests native species for replanting. Applicant stated his intention to utilize native species.

Commissioner Nielsen opened the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner McKenna motioned to approve a Negative Determination for 10 Meadow View Road.
Second: Commissioner Perry In Favor: All Opposed: None

Commissioner Nielsen read the usual information about filings.
Notices of Intent
86 Pleasant Street – No DEP number or comments as of 12 7 10 - Proposed construction of a covered exercise ring for horses
Applicants: Stephen & Maureen Demenna / Representative: Steve Ivas-Ivas Environmental
All plans presented are in the file.
Presentation: Mr. Ivas
• Proposed project is a covered round pen for horses with 12 pressure treated posts to hold up the pen,
• Each post will take up 3 cubic feet of flood storage
• 21feet to an isolated vegetative wetland
• Depressed area that is species diverse, previously used as a skating area
• Area is in the flood plain and FEMA Zone 6
• Concerned email from an abutter was rec'd today

Conservation Officer
• Unique project that is in the flood plain, 1% chance of flooding, project is not in the floodway
• Small pocket of wetlands has value, request that enhancement plantings be done around this pocket of wetlands
• TOH Bylaw may protect this pocket, but the State Wetlands does not
• Would like to see project moved out of the 50 foot no build zone – Applicant agreed to move it 5 feet south and 5 feet east
• Need to have the Water Company easement investigated

Commissioners
• Question regarding elevations
• Concur with Conservation Officer that project should be moved
• Bring in a planting plan and new revised plans

Commissioner Nielsen opened the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner Villanova motioned to close the hearing and issue an Order of Conditions for 86 Pleasant Street pending receipt of a DEP number and comments.
Second: Commissioner Berry In Favor: All Opposed: None

230 Ward Street – DEP SE 34 1049 - Continuance
Commissioner Nielsen noted that 230 Ward Street would like a continuance granted till January 24, 2011.

Motion: Commissioner Villanova motioned to grant a continuance for 230 Ward Street with the applicant's consent till 1/24/11.
Second: Commissioner Perry In Favor: All Opposed: None

Certificates of Compliance
421 Lincoln Street – TD Bank – DEP SE 341019 - Applicant: Bohler Engineering
11 Crooked Meadow Lane - DEP SE 34 0888 - Applicant: Penny Collins Sirdee

Conservation Officer noted that both projects still need to have conditions met and recommends no action to the Commission at this time. He will contact Bohler Engineering about 421 Lincoln Street to create some sort of a buffer between the newly sold property and shrubs being covered by boat storage. 11 Crooked Meadow Lane needs trees from nursery stock that are at least 4-6 feet tall to be planted.

A Commissioner motioned to go into Executive Session for a discussion on pending litigation and not to reconvene in open session.

Roll call vote:
Carolyn Nielsen-Chair Yes
Daniel Coughlin Yes
Scott McIsaac Yes
Charles Berry-Vice Chair Yes
Alan McKenna Yes
Robert Perry Yes
Nina Villanova Yes

Meeting adjourned at 8:05 p.m.
Respectfully submitted,

__________________________
Cliff Prentiss, Conservation Officer Approved as amended on 01/10/11.