Notes from the Conservation Commission (ConCom), March 22, Hybrid Meeting

Present:

• Ron Brouker, Chair
• Joseph DeGiorgis
• John Hart
• Jay Rhind
• Lisa Bozzuto
• Jamie Minacci
• Sally Underwood-Miller, Secretary
• Elizabeth Goodman, attorney for 8 Hawthorne Street
• Bret White, White Engineering
• Peter Strauss neighbor
• Marie Raftery, PB
• Patrick White, SB

1. Minutes for March 8 approved
2. 19 Interlaken Crossroad, Vincent Park, continued
3. 38 Lake Drive, represented by Brent White, White Engineering, alternative technology septic system — informal meeting to set up site visit and give overview
4. White Engineering is also consultant hired to evaluate 8 Hawthorne Street as one condition attached to Order of Conditions — will have report in April
5. Wellenkamp continued
6. Ice Glen — enforcement — Underwood-Miller made site visit and reported the owners apparently "did the best they could." Motion to close the noncompliance at Ice Glen passed
7. 8 Hawthorne — planned to continue until White's report ready, however, Bozzuto and others had questions.
   1. Bozzuto: if they remove vegetation and woody debris close to the bank — she did not believe they can maintain habitat and stability. Underwood-Miller pointed out woody debris is habitat. Bozzuto also concerned about erosion control
   2. Brouker: question about path to lake/clearing to reach dock
   3. Bozzuto: does ConCom address wildlife? Goodman: "this project does not trigger Natural Heritage Endangered Species Program (NHESP)". However, it was noted the word blasting does not appear in the plan and blasting might trigger NHESP. Goodman thought only the quality of the finished project mattered with respect to wildlife
   4. Hart was concerned about damage to wells from blasting
   5. Raftery shared that PB confined their approval to LPOD and forwarded their other concerns (including blasting and outside of LPOD) to SB
   6. There will be a review of White Engineering's findings at April 12 meeting.
   7. Strauss opined that 8 Hawthorne Street was the second-best siting on the lake and that ConCom was being harsher to this project
   8. Underwood-Miller said ConCom was doing all the same things that ConCom does for all these projects.
   9. Brouker said — "we try to think of everything and do all we are allowed to do beforehand." Because, he added, ConCom still gets criticized after the house is built
   10. Attorney Goodman made clear that ConCom cannot comment on aesthetics
   11. Underwood-Miller wondered if "in keeping with character" did include aesthetics?
8. Christian Hill Road — fencing, pool, and pool house continued
   1. Informal discussion — 8.3 acres — wetlands on property — necessity to stay requisite distance from wetlands
   2. Build in the garden area as it is "already disturbed land", but has to be requisite distance from wetlands and sidelines
   3. Site visit
9. On behalf of 78 Interlaken, Tom Ingersoll presented a new Request for Determinization of applicability (RDA) with respect to wetlands. Will send video. Continued
10. Underwood-Miller found model job description for a Conservation Agent (CA). Commission wants to complete process to hire. The CA would be part of the ConCom enforcement process. Estimate a part-time job possibly one day per week
11. Bozzuto noted that Town Counsel removed the MA Conservation Commission (MACC) Wetlands Buffer Zone language from the ConCom Performance Standards. Move to restore the language — passed.
12. Hart concerned about Kampoosa Bog and flooding on private property apparently caused by beavers.
13. Chair attended March 15th meeting with SBA, DEP, and NHESP. He said it appeared "going back to square one as there was a request to change everything in the order of conditions" and also DEP seemed to prefer one procedure at a time (dredging, herbicide harvesting).
14. Patrick White also attended and said:
    1. since The Bowl was tested for Eurasian milfoil and found insufficient amounts two years in a row, there is no longer basis for ecological restoration (whole lake herbicide treatment). White asked how many years can they continue to hunt for milfoil?
    2. He agreed with Brouker that it sounded as if DEP only will approve one procedure at a time so if SBA continues to test, Town cannot dredge.
    3. According to SBA web site they asked for donations for dredging in 2015 and raised over a million dollars and also applied for state money to dredge.
    4. Underwood Miller said if SBA applied for grant for dredging and was granted money for dredging, can only use for dredging
    5. White added there is a significant amount of silt, "the Town has a policy of dredging first, there is money for dredging, therefore, I personally insist dredging comes first." If there is a policy change, it should happen in a public not in a closed-door meeting.
    6. Minacci, Chair SBSC, said we agree dredging comes first
    7. Hart asked what is next step?
    8. Underwood-Miller referred to past when SBA or any other private organization dealt with the Select Board and only SB dealt with DEP. If a great pond (i. e. The Bowl) is entirely in one Town, that town has biggest interest even bigger than the state.
    9. Again, Hart asked for next step
    10. White said SBA agrees to dredging first since they raised money to do it or if there is a change in the policy about dredging first, then it should be decided in an open meeting, he also mentioned, at one time, SBA and Town agreed dredging came first
    11. Lee Bolman, SBA Board member, said there is a divide on the SBA Board as to whether dredging and herbicides is an either/or, or whether both can be done simultaneously

Meeting adjourned

Photo: Jay Wells