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groundwater plume. The berm failure slowed down the water flow, siltated the river and <br />impacted habitat for brook trout, herring and other species. Establishing good habitat <br />conditions for brook trout and anadromous fish species is the primary objective. The Agent <br />said that this issue will be discussed at upcoming Commission meetings. <br />Briarwood Association Violation: Town Counsel Feedback/Discussion <br />The Agent referred to the correspondence from Town Counsel. There was a discussion <br />with Briarwood Association at the last Conservation meeting.. Their reasoning is they <br />printed photos along with testimony that this area has been maintained as a lawn prior to <br />any enactment of any state or local statutes. In conducting site visits in the area from 2007 <br />to 2010 the Agent observed there was no woody vegetation established and it may not have <br />represented a significant amount of time between mowings. He said he had no way of <br />knowing how long it had been between mowings. The burden of proof is on the <br />Commission. The Agent referred to a DEP document sent to him from Brad Holmes, <br />wetland specialist hired by Briarwood. The Agent quoted from the document "maintenance <br />of existing landscaping including lawn mowing and pruning is exempt from review <br />regardless of location in the buffer zone or any wetland resource area". It does not matter <br />whether or not this mowing is within the Buffer Zone, as long as it was a legally established <br />landscape or lawn. <br />The Agent said he doesn't think he can pursue any further enforcement action when it <br />comes to the mowing. The Commission can meet with Briarwood again and work out some <br />compromise with them through a memorandum of understanding to clarify wetland <br />jurisdiction in this area for any future projects/proposals, etc. He suggested possibly setting <br />limitations on the amount of annual mowing in this area. Briarwood also understpnds any <br />additional activities within wetlands jurisdiction would require notification and possible <br />permitting through the Commission. <br />Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Rogers. Vote <br />unanimous 5-0. Meeting adjourned 7:15 p.m. <br />Respectfully submitted, <br />J dy l teault <br />Recording Secretary <br />M <br />