7/24/2008 CONSERVATION COMMISSION Minutes

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I 7:1.6 p.m. Paul valentine, RDA—1 akeby Pond (Replace existing seasonal dodo structure) The Assistant Agent explained that the applicant had requested a two-week continuance. Motion made,seconded and carried for a continuance until 03107/2008 @ 7:30 p.m. 7:18 p.m.WiIliarn Zam mer, NOI—.6 Beach load (Demolish and reconstruct new single family home with patio, driveway, retaining wall, landscaping, utillities and associated appurtenances) John Slavinsky Mood to represent the applicant. Commissioner Fitzsimmons reed a letter from the Board of Health stating that the application was approved for a two-.bedFoorn system. Mr. Slavinsky described . ' . the applicants wish to demolish and rebuild a two-bdroom house with a new Title V system and a 2-foot retaining wall. The Assistant Agent asked Mr. 8lavins y about the revisions that were done to the plan} the new plan omitting some previously shown dunes. Mr: Slavinsky explained that he had consulted Mr. Michael Talbot on the dunes and was told that they were not real dunes but rather just moving sand with pavement below. Mr. Talbot stood to represent the applicant and further explain the landscape plan for the project. Mr. Talbot explained that the landscaping will include removal of turf and creation of meadows, ornamental plantings and trees. Mr. Talbot stated that the new landscape pian is a model conservation landscape plan creating habitant on the property. Commissioner Fitzsimmons questioned how many cedars would be removed, he felt that they looked like pretty substantial trees and wondered what they would be replaced with. Mr. Talbot explained that the cedars would be removed but replaced with mature cedars after construction ends. Mr. Zammer stood to address the Commission and stated that he would try to'reuse the cedars but if he could not punned on giving therm to a tree company to sell as mature plants. Commissioner Fitzsimmons mons questioned the number of cedars to be replaced as it.was not acted on the plan. Mr. Talbot explained that he did not have a set number but had included-nine total on the plan. The Commission asked that the number be noted on the plan and Initialed, added to the order of conditions and acted in the minutes. Mr. Talbot wrote in the number nine on the plan and initialed it. The Assistant Agent stated that there were no issues with the plan but that a D.E.P number had not been Issued yet for the application. Motion made,seconded and carried to close and Issue pending the arrival of a D.E.P number,and with the condition that no less than 9 Cedars are to be planted to replace the existing mature trees. Public Hearing on the Future of the Quashnet Bogs commissioner Fitzsimmons opened the public hearing by reading the public announcement as printed in the Enterprise. He invited the audience to come forth and make presentations to the Commission. Mr. Michael Forde, President of the John Pond Estates Association, stood to address the Commission. Mr. Forte explained that he has been president of the association for~.25 years and has seen the conditions at the bogs deteriorate to the current levels. Mr. Forde read off a list of Town employees he has met over the years and stated that he had met most due to the water level issues around the bogs whether good or bad. Mr. Fordo a cpl-aired.that he was told many tires over the years that the Town could not control the grower as agNeulturral law sets precedence. Mr. Forde stated that he was told the grower could take water and resources as they see fit and that it is out of the Town's jurisdiction} and the growrer barely even has to justify his action to anyone. Mr. Forde turned the microphone over to Mr. John Harris also from John' Pond Estates explaining that they were asked to. have prepared statements as to not repeat any issues. Mr. Harris explained that he has been a resident of the Estates for 32 years and had prepared a letter that he will be Breading from to address inaccuracies from past headng presentations on the issue especially in the comments made by Mr. LaFleur. A copy of the letter was given to each of the Commissioners. Mr. Harris explained that he felt that the health of the fish and raising of cranberries are not compatible as far as he can see from the many years he has witnessed. He explained that the fish were not healthy When the bermes were being harvested the last time. Mr. Harris questioned the validity of the profit time frame given by Mr. LaFleur; Mr. LaFleur said that it would be 2 to 3 years until the Town would see a profit when Ir. Harfis stated that he felt it would be more like the agreement struck with the Town of Falmouth.{Mr. Harris brought up the problem of the water-levels and board monitoring. He explained that the boards In