May 15, 2017 Conservaton Commission meeting

Moderator: Maria Lajoie

May 15, 2017 Conservaton Commission meeting

Postby Mary Wright » Mon Jul 24, 2017 7:28 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, MAY 15, 2017

A meeting of the Conservation Commission was held on Monday, May 15, 2017. Ms. Brown called the meeting to order at 7:09 PM.

ATTENDANCE:
PRESENT: Linda Brown (Chairman), Michael Greco, Tracy Sharkey (Vice Chairman), Brandi Van Roo, Stephen Zisk (Conservation Agent)
ABSENT:

7:09 PM (NOI-DEP #143-0906) PUBLIC HEARING CONTINUED: 439 Northeast Main Street, 34 & 36 Davis Street/JMT SLEEPY HOLLOW, LLC, & FITZPATRICK, JAMES.
Ms. Brown stated that the applicant has requested a continuance to June 5, 2017.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0906) 439 Northeast Main Street, 34 & 36 Davis Street, JMT Sleepy Hollow, LLC and James Fitzpatrick to June 5, 2017 at 7:30 PM. Mr. Greco seconded the motion. Vote: Unanimous.

7:10 PM (NOI-DEP #143-0929) PUBLIC HEARING: 58 Lakeshore Drive/ RAWLINGS, KENNETH & AMY.
Ms. Brown opened the public hearing. Ryan Sheridan of Guerriere and Halnon joined the meeting. Mr. Sheridan presented a revised plan. The lot is 15,000 sq. ft. with an existing 600 sq. ft. house, septic, and well. The wetlands were flagged in 2006. The proposed house will be 2,400 sq. ft.
The bylaws require that the 50’ buffer be added to the plan. Ms. Sharkey pointed out to Mr. Sheridan that, on the plan, the 100’ buffer does not match the shape of the wetland flagging line. The proposed deck will be within 8’ of wetland flag #104 and 12’ from the bottom of the slope/wetland. Mr. Zisk presented photos of the site.
Ms. Van Roo pointed out that over a four times increase in impervious surfaces within the 100’ is being proposed. Mr. Zisk asked that Mr. Sheridan include the deck and every existing structure on the plan so that existing encroachments can be seen. Mr. Sheridan stated that there is 12’ from the deck to the lot line.
Mr. Sheridan did not have the dimensions of the proposed deck. The intent is to use the footings for the existing deck for the new deck, with the addition of a couple of footings on one side. Blasting may need to be done for the foundation for the house. The following needs to be added to the plan: a stockpile area with a ring of erosion control, existing footings that are going to be reused, and new supports for the deck. A discussion was held.
In summary, the following needs to be added to the plan: 50’ buffer, stockpile area, location where machinery will be parked overnight, waterline, foundation drain, and show everything that is existing as well as everything that is proposed.
The Board of Health has approved the septic and the applicant has a variance from the Zoning Board of Appeals.
Silt fence and straw wattle is proposed for erosion control. Mr. Zisk recommended a series of check dams going up the slope. Trees to be removed need to be shown on the plan and in the field.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0929), 58 Lakeshore Drive, Kenneth and Amy Rawlings to June 5, 2017 at 7:45 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:33 PM (NOI-DEP #143-0924) PUBLIC HEARING CONTINUED: Gilboa Court Extension/GOGOLINSKI, CAROL, A. & COGLEY, WILLIAM S.
Paul Hutnak of Andrews Survey and Engineering joined the meeting. As a result of the site walk with Art Allen of EcoTec and a wetlands scientist, the wetland line has been extended. They are able to keep the road where it was, but the detention pond area has been changed to a longer, narrower basin area. Some houses are pushed back. Mr. Hutnak is scheduled to do testing in the area with the Town Engineer on Wednesday to be sure they have the offset for water. When the testing is done, Mr. Hutnak will revise the plans and submit them. They are still able to stay outside of the 50’.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0924), Gilboa Court Extension, Carol Gogolinski and William S. Cogley to June 5, 2017 at 8:00 PM. Mr. Greco seconded the motion. Vote: Unanimous.

7:38 PM (NOI-DEP #143-0927) PUBLIC HEARING CONTINUED: 66 Depot Street/STEVENS, LESLIE.
Paul Hutnak of Andrews Survey and Engineering joined the meeting. He presented the changes from the last meeting. Seven inkberry, red choke berry and/or winterberry shrubs have been added along the 50’ buffer. The erosion control has been moved slightly on the approved plan towards the proposed house. Three trees in the buffer zone will be removed.
Ms. Van Roo made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0927), Leslie Stevens, 66 Depot Street. Mr. Greco seconded the motion. Vote: Unanimous.

7:52 PM (NOI-DEP #143-0928) PUBLIC HEARING CONTINUED: 245 Southwest Main Street/BERNIER, PAUL.
Paul Hutnak of Andrews Survey and Engineering joined the meeting. He presented the changes from the last meeting. The septic design and well location have been approved by the Board of Health. The sewer pipe has been routed through the existing patio area and the tanks have been moved up the hill. This change saved the cutting of three pine trees.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0928), Paul Bernier, 245 Southwest Main Street with the conditions that all materials are to be hauled off site, not stockpiled. Mr. Greco seconded the motion. Vote: Unanimous.

8:02 PM (RDA) PUBLIC MEETING: 1 Isabella Drive/MALTZ, BRAD & AMANDA.
Ms. Brown opened the public meeting. Mr. Maltz joined the meeting. He would like to install an above ground pool, 10’-15’ into the 100’ buffer zone. Mr. Maltz submitted the original house plans and the as-built. The original Order of Conditions has the pool on it, but it has expired. Ms. Sharkey does not believe that the original Order has expired because a Certificate of Compliance has not been requested. Mr. Zisk presented photos of the site. A discussion was held. The Commission reviewed the original Order of Conditions. The Commission determined that the Order of Conditions has not expired.
Ms. Sharkey made a motion to issue a negative determination for 1 Isabella Drive, Brad and Amanda Maltz. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Maltz will come back to the Commission with a full as-built, showing the pool. Ms. Van Roo asked Mr. Zisk to confirm if Orders of Conditions expire if work has commenced.

DISCUSSION:
1. Request for Extension for Emergency Certification/North Street Bridge: End of July, 2017. Ms. Brown stated that Town Engineer, Bill Cundiff is still working on plans to permanently repair the bridge. The Emergency Certificate expired May 12, 2017. Mr. Zisk stated that there is no more work proposed under the emergency. Ms. Brown read a letter from Mr. Cundiff. A discussion was held regarding whether or not the Emergency Certificate needs to remain active between now and the filing of the Notice of Intent.
Ms. Sharkey made a motion to extend the Emergency Certification for North Street Bridge to the next Conservation Commission meeting to cover emergency items as stated under the original Emergency Certificate. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Zisk will ask Mr. Cundiff to come to the next meeting with clarification as to why the extension is needed and why the scope of the work is being expanded.
2. Re-Appointment: Tracy Sharkey. Ms. Van Roo made a motion to recommend to the Board of Selectmen the re-appointment of Tracy Sharkey to the Conservation Commission. Mr. Greco seconded the motion. Vote: Unanimous.
3. Proposed Work: 12 Martin Road. Ms. Brown stated that the property owner, Jeffrey Taylor, was cutting down trees and building a bridge in the wetlands behind the property. A verbal cease and desist has been issued. Mr. Zisk stated that a notice was hand-delivered to Mr. Taylor instructing him to come to tonight’s meeting. Mr. Taylor was not in attendance. Mr. Zisk will contact Town Counsel. Ms. Brown suggested asking the neighbor in the duplex if they can do a site walk to verify the resource area. Mr. Zisk will contact the neighbor and ask Art Allen of EcoTec for a proposal.
4. 34 Peters Cove Road. Mr. Zisk stated that the work was permitted for the house, but the work was never done. Trees are growing into a structure, and the property owners would like to remove the trees. Mr. Zisk showed photos of the site. He has asked the property owners to flag the trees. As long as the trees are not stumped, the Commission had no objection to their removal.
5. Request for Project Review: Gilboa Properties/Medicinal Alternatives, 120 Gilboa Street. The Commission would like to know where the discharge of the water from watering the plants will go: floor drains, direct to the Mumford, etc.
6. BSC Group: Peer Review for Sleepy Hollow Subdivision. Mr. Zisk stated that he received a proposal from BSC for over $11,000 to review the stormwater management, detention pond, the grading of the slopes, the integrity of the project, and if the project would affect the cold water fisheries and streams. The Commission is concerned with the area from the top of the slope to the resource and the cold water fishery. The Commission asked that their request be clarified with BSC. Mr. Zisk will also ask for quotes from other companies.
7. Request for a Certificate of Compliance: Brad & Amanda Maltz, 1 Isabella Drive (DEP #143-0849). See agenda item 8:02 PM.
8. Request for a Certificate of Compliance: Christopher & Concepcion Goodwin, 11 Manzi Way, Shady Knoll Estates, Lot #27 (DEP #143-0420). Mr. Zisk has photos from last fall. The site will be visited to evaluate the dog kennel in the buffer zone. Mr. Zisk will take photos.
9. Price Quote: Computer for Conservation Agent. Mr. Zisk stated that the software for GIS will need to be installed. GIS will be live and up to date. The quote is for $1,800. By consensus, the Commission accepted the quote for $1,800 for the computer for the Conservation Agent as presented. The money will be paid from the Wetland Protection Funds, if there is not enough in the budget.
10. Sign Vouchers (2).
11. Minutes: December 5, 2016, March 20, April 3, and April 18, 2017.
Ms. Sharkey made a motion to approve the December 5, 2016 Conservation Commission meeting minutes, revised draft, as presented. Mr. Greco seconded the motion. Vote: Aye-3, Ms. Brown abstained.
Approval of the the March 20, 2017 Conservation Commission meeting minutes was deferred pending review of the meeting video.
Approval of the April 3, and April 18, 2017 Conservation Commission meeting minutes was deferred to the next meeting.

OPEN SESSION:
Ms. Brown asked Mr. Zisk to draft an official letter to the Board of Selectmen regarding the $10,000 transferred from the Wetland Protection Fund to the FY18 General Fund.
Regarding (NOI-DEP #143-0906) 439 Northeast Main Street, 34 & 36 Davis Street , JMT Sleepy Hollow, LLC and James Fitzpatrick, Mr. Zisk has still not received Art Allen’s report on the cold water fishery and relating regulations as was discussed at the March 20, 2017 meeting.
Mr. Zisk will ask Ms. Lajoie about the origin of the memo in the packet that included contact information for the Commission.

8:51 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the meeting at 8:51 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 491
Joined: Thu Jan 12, 2012 8:56 pm

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