Ms. Killam called the meeting to order at 8:15 P.M.

Outgoing

Continued to the next meeting.

Due to the lack of a quorum this hearing was continued to the Public Hearing on February 18, 2004.

This will be a discussion only. Due to the lack of a quorum no action can be taken. Ms. Killam reported that we have a new zone overlay on our tax map. Mr. Kukshtel, Conservation Commission was present and took part in this discussion.

The tax map was reviewed. Ms. Killam would like to get some input from the Road Agent regarding the cul de sac and roads in the proposed subdivision. The Board discussed the trails that exist and how they can be used. Town Counsel will be contacted to see if the trail(s) could be deeded to the town.

Mr. Morse would like to see a public access for pedestrian travel. Also discussed was the possibility of sidewalks. The applicant will have the trails surveyed. What needs to be decided is what form the trail would take, a deeded right of way to the town or a deed restriction. Mr. Morse stated that it should be made clear from the beginning that the trail is owned by the town and is for public access. Ms. Killam stated that one conservation easement would be needed. The applicant agreed to do whatever the Board recommends.

Mr. Kukshtel stated that the Conservation Commission does not have any monitoring duties for the open space. A Homeowner's Association usually handles this. It was the general consensus that there should be a conservation easement with a pedestrian access.

Ms. Killam noted that new legislation has put all open space under the control of the Homeowner's Association. Ms. Killam felt that the trail would have to be labeled 'right of way'. The town would then have the right to mark the trails. Ms. Killam suggested looking at the subdivision map that created this piece of land to confirm its availability. Mr. Kukshtel did have some concerns with the wetlands and this was discussed briefly. Ms. Killam suggested the applicants keep in touch with department heads to keep them informed.

Discussion continued on the fence that is being requested by the Cemetery Committee. They are asking for a wrought iron fence to protect the antique part of the cemetery. The applicant will be meeting with the association to resolve this. The cost of this request will be a factor.

The applicant will meet with Town Counsel to pursue the walking trail and this hearing will be on the February 18^th agenda.

The discussion was closed at 9:05.

The next discussion was opened at 9:10.

Mr. Kukshtel is before the Board to continue discussion on the Amendment to Wetland Zoning, Section 410. Mr. Kukshtel discussed the issue of whether there was any feeling on the part of the Planning Board that the current ordinance was inadequate and does not need to be changed. The Conservation Commission feels that there are some inadequacies and it should be changed. Mr. Kukshtel hoped that Mr. Polito gave the Board some insight as to the Zoning Board's position on this issue. Ms. Killam felt that the Planning Board as a whole has not given much thought to this ordinance.

Mr. DiMaggio felt that the current ordinance is not 'broken' to badly and that the biggest problem with it is that it is too restrictive. He felt that 50' is reasonable except for around significant wetlands. Mr. DiMaggio stated that he would rather see the Conservation Commission raising money to buy land. Mr. Kukshtel stated that this is in process. A discussion followed on some areas of land the Commission is looking at.

Mr. Morse also felt that the current ordinance is very restrictive. He stated that he could live with 100' around ecologically significant wetlands. Mr. Morse felt that education is important and felt that there should be discussion on the type of uses in a wetland as well as the intensity of the use. Mr. Kukshtel stated that 100' is minimum to protect wildlife and keep wetlands undisturbed. He agreed that it is an educational process. He felt, in some areas, the ordinance is not restrictive enough.

Mr. DiMaggio felt that there must be a balance to get anything passed by the voters and that there will be opposition from both sides. Ms. Killam stated that she is a conservation minded person but the intensity of use needs to be measured. She felt that certain types of uses that are not intense might not affect the habitat. Mr. Kukshtel felt that people do not always do the right thing. He stated that a roadway or driveway couldn't be put along the edge of a wetland. In this amendment, buffers are being made larger in some areas and less restrictive in others. Where there is more restriction there is a much easier process for owners to get relief from the hardship criteria. Mr. Kukshtel stated that there are issues that he will stand firm on.

Ms. Killam also felt that this ordinance must be consistently enforceable. Mr. Kukshtel gave the Board some written information on 'buffers' and a book on 'vernal pools' to review. The definition of 'vernal pools' was discussed. Ms. Killam did suggest that the ordinance be expanded to keep roads away from the edge of wetlands. She added that public education could help.

Ms. Killam suggested the Board go on 'field trips' to observe the 'ecologically significant' wetland areas in May or June. Mr. Kukshtel stated that he will be going on walk in a couple of weeks to observe animal habitats in the 'Sawmill' area and he invited the Board to attend.

Mr. Kukshtel will continue to work on this amendment and will meet with the Board.

The meeting was adjourned at 10:35 P.M.

Next Planning Board meeting - February 18, 2004.

APPROVED________________________Respectfully submitted,

Carol Kater