Conservation Commission closes hearing, issues order of conditions for 43 Birches Road Lot A; related NOI continued

The Conservation Commission closed a continued public hearing and voted to issue a standard order of conditions for a proposed single‑family home on 43 Birches Road Lot A, and agreed to continue review of a related Notice of Intent for a second lot for two meetings, the commission said at a meeting held in person and online.

Commissioners said the state environmental agency (DEP) provided two recommendations the commission considered before issuing the order: that the limits of work be established and recorded so future owners could not clear beyond them, and that some form of on‑the‑ground marker — for example a fence, placard attached to trees, or intermittent boulders — be used to show the limit of work.

Those DEP recommendations, commissioners said, were intended to prevent future clearing beyond the identified work area and to make the limit visible during title searches. Commissioners discussed several marking options: a split‑rail fence, tree‑mounted placards, or occasional boulders. Several members said fences can prove ineffective over time if future owners remove them, while builders and applicants stressed that standard erosion controls and silt fence would be monitored during construction. The applicant said they plan to keep the cut line tight and to maintain erosion controls while building.

After discussion, the commission voted to close the hearing for Lot A and to issue a standard order of conditions for Lot A; commissioners indicated the order will be recorded against the parcel during the usual permitting process. The commission also agreed to continue review of the related Notice of Intent for the other lot for two additional meetings (roughly 60 days) so that required supplemental land surveying and documentation can be completed and submitted for DEP and commission review.

Commissioners described the Lot A submittal as passing through a checklist review once the supplemental surveying and riverfront calculations were supplied. For the companion lot, the commission said the supplemental field and office surveying work had not yet been completed. Commissioners proposed that if the supplemental work is not supplied within the continuation period the applicant may withdraw and refile, or the commission may discontinue the matter without prejudice to allow a new filing.

The actions taken were procedural: closing the Lot A hearing and issuing an order of conditions, and continuing the companion NOI for two meetings. The commission did not adopt additional special conditions beyond its standard order at the meeting; members noted DEP recommendations as potential conditions to be reflected in the recorded order. The commission said staff will prepare and record the order and will place the continued matter back on the agenda after the specified interval.

Next steps: the order of conditions for 43 Birches Road Lot A will be finalized and recorded against the parcel; the companion NOI will return for consideration after the applicant supplies supplemental land surveying and riverfront information or chooses to refile.