April 18, 2017 Conservaton Commission meeting

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April 18, 2017 Conservaton Commission meeting

Postby Mary Wright » Sun Aug 27, 2017 8:41 am

CONSERVATION COMMISSION MEETING MINUTES
TUESDAY, APRIL18, 2017

A meeting of the Conservation Commission was held on Tuesday, April 18, 2017. Ms. Brown called the meeting to order at 7:05 PM.

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

7:05 PM (NOI-DEP #143-0906) PUBLIC HEARING CONTINUED: 439 Northeast Main Street, 34 & 36 Davis Street/JMT SLEEPY HOLLOW, LLC, & FITZPATRICK, JAMES.
Bruce Williams of Guerriere and Halnon joined the meeting. The plans for the subdivision have been finalized. A full set of plans was delivered to the Commission and Planning Board last week. The inner repairian zone, along with the buffer zone to the BVW zone in the area to the basin, has been flagged. They have responded to the Town Engineer’s comments regarding stormwater management. Mr. Williams made a copy of the hydrology relating to the cold water fishery.
Mr. Zisk asked for an electronic copy of the plans, which he has not received. He also requested a copy of the DEP regulations pertaining to cold water fisheries and the percent of the riverfront disturbance.
Mr. Zisk asked if they are planning on excavating right up to the buffer zone in the area coming up the hill by the retention pond. He would like to know how they plan on getting right up to the 100’ buffer zone without getting sand into the wetland area. Mr. Williams replied that the existing treeline will be the edge of excavation. Along the limit of the cut, from that point inwards, it will be sloped towards the subdivision instead of sloped toward the wetland.
Ms. Van Roo asked for flags to be placed along the limit of grading. She showed Mr. Williams on the map specifically where she would like the additional flags to be placed.
A site walk was scheduled for May 1, 2017 at 5:00 PM.
Jeremy Flansburg, 63 Monroe Street asked if Ms. Van Roo has compared the water calculations. Ms. Van Roo stated that the Town Engineer checks the calculations. Mr. Zisk will report on that review at the next meeting. Mr. Flansburg asked if the detention/retention pond is within the 100’ river buffer zone.
Dennis Michalik, 415 Northeast Main Street asked if it was known how all the water from the subdivision flowing into the detention pond would change the hydrology for the brooks in the area. He asked if the applicant could assure that the brook would not dry out more than it has. Mr. Williams stated that the calculations they performed mimic the existing conditions with proposed conditions. Mr. Michalik described how the water would be redirected by removing the slope.
Mr. Flansburg asked if a determination has been made as to what the stream actually is. Ms. Brown stated that it is a perennial stream up to a point, and then it turns into an intermittent stream. Mr. Williams showed the perennial stream and the intermittent brook on the map. Mr. Flansburg argued that if the stream does not have a name, it is not perennial. The stream has a name. Ms. Van Roo stated that the Commission must abide by what USGS provides. Mr. Flansburg stated that he seriously disagrees with all three board members.
Mr. Michalik stated that the intermittent stream supports the cold water fishery. The brook trout breed in the intermittent stream. He feels the fishery will be killed if this subdivision goes through.
Mr. Flansburg feels the whole brook will be wrecked for future generations. Ms. Van Roo described the regulatory process.
Magen Michalik, 48 Davis Street asked, if she were building a single-family home, would she be allowed to go into the wetlands. The Commission answered that a single-family home is allowed within the 100’, but cannot encroach into the 25’ wetland buffer.
For the next meeting, Mr. Zisk will get an estimate for a peer review.
Mr. Flansburg stated that he was offended by Ms. Van Roo comparing his argument to a bird in a tree. Ms. Van Roo apologized.
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 May 1, 2017 at 7:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:43 PM DISCUSSION: Timothy Nealon-Deer Crossing Lot Review.
Dave Marquedant and Timothy Nealon joined the meeting to talk about Lots #29, 30, 31. The lots were previously approved by the Commission, but additional resource areas were discovered. The Orders of Conditions were approved for the three lots in 2006. In late fall, Art Allen of EcoTec went out to confirm the wetlands and two more areas were found. Mr. Marquedant presented alternative plans. A discussion was held.
The Commission asked for a Notice of Intent to be filed. Mr. Zisk will find out if the taxes have been paid. Mr. Zisk asked the applicant to file a request for a Certificate of Compliance on the three lots when he files a Notice of Intent.

7:58 PM (NOI-DEP #143-0924) PUBLIC HEARING CONTINUED: Gilboa Court Extension/GOGOLINSKI, CAROL, A. & COGLEY, WILLIAM S.
Travis Brown of Andrews Survey and Engineering joined the meeting. He stated that nothing has changed on the plan since the last meeting. A wetland was discovered during the site walk. The survey crew located the wetlands today, and their location will be placed on the plan.
Art Allen of EcoTec did not look at the flags at the beginning of the roadway. Ms. Sharkey stated that there is a pipe that is feeding the area at flag #8 and there is some wetland vegetation on the slope. She would like confirmation of where that pipe is going. Mr. Zisk will take another look at the area.
Staking for the width of roadway has not been done.
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 May 1, 2017 at 7:15 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:05 PM (NOI-DEP #143-0927) PUBLIC HEARING: 66 Depot Street/STEVENS, LESLIE.
Ms. Brown opened the public hearing. Travis Brown of Andrews Survey and Engineering and Mr. Stevens joined the meeting. This was an existing lot that was divided a few years ago. The applicant is proposing to construct a single-family house which will connect to existing water and sewer. The house will be on a slab, with grading around the house. There will be a paved driveway. At the closest point, there is 60’ from the house to the wetland. They are proposing to cut six trees. Mr. Zisk presented photographs of the site.
Mr. Stevens spoke about some “cleaning” to be done within the 25’ buffer zone. He was advised to stay out of that area. The erosion control is the limit of disturbance. To stop lawn encroachment into the 50’, the Commission suggested noninvasive plantings as a visual deterrent.
Ms. Sharkey made a motion to continue the public hearing (NOI-DEP #143-0927), Leslie Stevens, 66 Depot Street to May 1, 2017 at 7:30 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:18 PM (NOI-DEP #143-0928) PUBLIC HEARING: 245 Southwest Main Street/BERNIER, PAUL.
Ms. Brown opened the public hearing. Travis Brown of Andrews Survey and Engineering joined the meeting. He stated that this lot was previously issued an Order of Conditions. On this plan, the well has been relocated, the septic tank and pump chamber have been moved uphill, and they are proposing to remove some trees. Mr. Zisk will look for the original Order of Conditions and plans. The leach field falls within the 100’ wetland buffer. There are no proposed plantings on the plan.
Mr. Bernier stated that the cesspool is in front for the small cottage and after the patio for the large cottage. The Commission would like an option to not remove the trees.
Mr. Brown was told that he needs to get a Certificate of Compliance on the existing Order of Conditions.
Ms. Sharkey made a motion to continue the public hearing (NOI-DEP #143-0928), Paul Bernier, 245 Southwest Main Street to May 1, 2017 at 7:45 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:40 PM (NOI-DEP #143-0926) PUBLIC HEARING: 134 Southeast Main Street/ L’HEUREAUX, DAVID.
Mike Yerka of Civil Site Engineering joined the meeting. There are two lots. The plan is from 2004. The old Certificates of Compliance have been closed out. A four-bedroom house is proposed with a shared driveway to the other lot. The paved shared driveway has been expanded to two 11’ wide driveways with a 2’ wide grass strip in between. This change will increase the impervious area by 450 sq. ft. A well and a septic system are proposed. Two stockpile areas have been added to the plan.
The site walk was last Monday. Straw wattles have been changed to mulch socks. Check dams have been added on the driveway. The applicant would like a couple of trees and underbrush removed outside the 50’.
At this time, the applicant is not proposing plantings in the grass strip, but Mr. Yerka asked if the applicant could submit a planting schedule for Commission approval at a later date.
The proposed stone wall is about 3’ high to hold back the slope.
The plan needs to show erosion control around the well and slurry pit. Mr. Yerka will use straw wattle. He presented stormwater calculations.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for David L’Heureaux, (NOI-DEP #143-0926), 134 Southeast Main Street, with the conditions that straw wattles be placed around the well and that, if it is decided to add plantings, a planting plan will be submitted to the Commission for approval. The revised plan is dated 4/12/17. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:58 PM (NOI-DEP #143-0925) PUBLIC HEARING CONTINUED: 130 Southeast Main Street/ L’HEUREAUX, DAVID.
Mike Yerka of Civil Site Engineering joined the meeting. This lot is adjacent to 134 Southeast Main (see above). A wood fence has been added 25’ out from the wetland line. A stockpile area has been added. The Commission asked that extra straw wattles be placed around the slurry pit.
The Commission asked that a visual deterrent be added 30’ from the wetlands’ edge on the westerly side of the driveway at the turn-a-round.
Ms. Van Roo made a motion to close the public hearing and issue an Order of Conditions for David L’Heureaux, (NOI-DEP #143-0925), 130 Southeast Main Street, with the condition that rock or fence be placed 30’ on the west side of the drive pull out and extra erosion controls be placed around the slurry pit. Ms. Sharkey seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Yew Street (DEP #143-0887). Mike Yerka of Civil Site Engineering joined the meeting. The original filing plan was circulating. The plan was revised under Notice of Intent in public hearing and was approved by the Commission. This plan date is on the Order. The house that is being proposed is a little bit bigger than the box that they had for this filing. The corner will be pushed right up to the 50’ offset line. The driveway will now come straight into the garage and is outside the 100’ buffer zone. Mr. Yerka is asking the Commission if this can be considered a minor change to the plans.
Mr. Dan Heney joined the meeting. The deck will now be 12’ x 16’ instead of 20’ x 24’. The deck needs to be labeled clearly. The Commission asked for a revised plan with the new house placement, revised driveway and revised deck to be approved as a minor change. A discussion was held. An as-built plan will need to be submitted.
Ms. Van Roo made a motion to approve the minor changes for Yew Street (DEP #143-0887), pending the submittal of a revised plan. Ms. Sharkey seconded the motion. Vote: Unanimous.
2. Emergency Certification Form: North Street Bridge. A filing will be made for work to be done to fix a problem with drainage. Mr. Zisk was asked to inquire about any additional work that could be covered, such as expanding the width.
3. 34 Conservation Drive. A complaint was submitted by a neighbor regarding animals and manure. There are wetlands in the vicinity. Mr. Zisk and Ms. Brown visited the site. The structures are outside the jurisdiction of the Commission. The fence to pen the animals is 20’ from the wetland. The manure pile is 6’ from the wetland, however it has since been moved. Mark Wojcik joined the meeting. He is willing to move the metal fence 130’from the ponding area.
Ms. Van Roo made a motion to issue a $100 fine and Mr. Wojcik needs to move his fence, placing it 130’ from the ponding area. Ms. Sharkey seconded the motion. Vote: Unanimous.
4. 12 Martin Road. Mr. Zisk stated that a notice was sent to the residents to come to the April 3, 2017 meeting to talk to the Commission about a possible violation concerning the duck pond. They did not appear. A constable will deliver a notice asking them to appear at the May 1, 2017 meeting.
5. Minutes: December 5, 2016, March 20 and April 3, 2017.
Approval of the December 5, 2016, March 20, and April 3, 2017 Conservation Commission meeting minutes was deferred to the next meeting.

OPEN SESSION:
Ms. Brown stated that a letter needs to be sent to the Board of Selectmen and the Finance Director saying that a motion was made at the last meeting by unanimous quorum to contribute $10,000 from the Wetland Protection Fund to the FY18 General Fund.

9:41 PM ADJOURNMENT:
Ms. Van Roo made a motion to adjourn the meeting at 9:41 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 453
Joined: Thu Jan 12, 2012 8:56 pm

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