June 5, 2017 Conservation Commission meeting

Moderator: Maria Lajoie

June 5, 2017 Conservation Commission meeting

Postby Mary Wright » Mon Aug 28, 2017 6:54 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, JUNE 5, 2017

A meeting of the Conservation Commission was held on Monday, June 5, 2017. Ms. Brown called the meeting to order at 7:03 PM.

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

7:03 PM (RDA) PUBLIC MEETING: 86 Peters Cove Road/KALINOWSKI, THOMAS.
Ms. Brown opened the public meeting. Mr. Kalinowski joined the meeting. He stated that there are two existing sheds on his property that he would like to demolish and replace both with one 10’ x 20’ shed. There will be a minimum amount of crushed stone. He is not planning to bring dirt in or out of the site. He is not planning any erosion controls. Ms. Brown recommended a line of straw wattles be installed from the fence to the corner of the house. The straw wattles can also serve as the limit of work. There should be no stockpiling on the other side of the wattles.
Ms. Sharkey made a motion to issue a negative RDA for Thomas Kalinowski, 86 Peters Cove Road with the condition that straw wattles be installed at the location marked on the plan and no stockpiling within 100’ of the Reservoir. Mr. Greco seconded the motion. Vote: Unanimous.

7:10 PM DISCUSSION UPDATE: Request for Extension for Emergency Certification, North Street Bridge, End of July, 2017.
Laura Krause from Nover-Armstrong Associates joined the meeting. Ms. Krause stated that there was confusion with the Town as to whether or not the Emergency Certificate still needed to be valid. She stated that there was no reason to extend the Emergency Certificate. All the work that was temporary is done. The Notice of Intent is planned to be submitted by early July and should be before the Commission at their July 3, 2017 meeting.
Ms. Krause said that borings are exempt under the Act because they are only in the buffer zone. Ms. Brown asked for the citations where it states that the borings are exempt. Ms. Krause stated that they are sections 10.02.2b and 10.02.2g.

7:35 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. He stated that, since meeting with the Planning Board, they need to revisit installing the water loop from the cul-de-sac down through Davis Street. The next set of plans will reflect that.
They found that the jacking pits required for the machinery to jack the stream crossing below the existing pipe are too large for the area. Their plan is to do the crossing during the low flow/no flow time of year. They will construct a temporary, above ground settling basin within an existing cleared area. There will be no stockpiling within the work area.
The water main will bend around a small, flagged pocket of wetland in the cart path, and there will be no work within 25’ of it. That small area will be disturbed and will be put back to a BVW. The existing 18” concrete pipe will be put back into its existing position. The plan has not yet been approved by the Water/Sewer Commission. A temporary stockpile area for the dirt from the disturbance of the small area of wetland needs to be shown on the plan.
Mr. Williams asked if the Commission would like to do another site walk. All the resource areas will be flagged, delineated and marked out. The Commission will wait to do a site walk until they have a final set of plans.
Long term plans are for the Town to accept the subdivision roadway as a public way, and the easement will be transferred to the Town. Mr. Williams does not have a plan that shows the proposed houses. The proposed drainage plan shows approximate house locations. There is no plan that shows the final elevation of each lot.
Mr. Williams has seen a report from the Town Engineer saying that he reviewed the Stormwater Report. Mr. Zisk will ask Mr. Cundiff for the stormwater report.
A discussion was held regarding the peak of the slope. Mr. Williams stated that the erosion control barrier is outside of the buffer zone, and the slope will be beyond that. He does not anticipate any undercutting at the peak. A note on the plan is needed that says what will be done if that slope starts to fail. Mr. Williams replied that the erosion control will be monitored and inspected after any major storm.
Jeremy Flansburg, 63 Monroe Street asked if there should be a second peer review now that there are drastic changes to the plan. Ms. Brown replied that that they only have a quote for peer review. Mr. Flansburg also asked, when running a water line of this magnitude, there usually is a truss walk at the bends. Huge holes need to be dug at two junctures. He would like to know who would maintain those trusses should something happen. Ms. Brown stated that the Commission does not have any detailed plan regarding those junctures within their jurisdiction. Mr. Zisk stated that once the design is approved by the Water/Sewer Dept., then the Commission would review the installation of the water line. Mr. Flansburg stated that this will be a major trench digging operation across a cold water fishery.
Dennis Michalik, 415 Northeast Main Street is concerned that the house lots will be encroaching on the 100’ buffer zone and the brook. He feels that this plan will divert water to the 200’ buffer zone and starve the cold water fishery of water.
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 19, 2017 at 7:45 PM. Mr. Greco seconded the motion. Vote: Unanimous.

8:14 PM (NOI-DEP #143-0929) PUBLIC HEARING CONTINUED: 58 Lakeshore Drive/ RAWLINGS, KENNETH & AMY.
Ryan Sheridan of Guerriere and Halnon joined the meeting. Mr. Zisk presented photos of the site. Mr. Sheridan shows the existing deck on the plan. The square footings shown on the plan are the existing footings: Ten can be reused. They are proposing diamond pier footings for the additional eight footings for the new deck, which have nearly zero disturbance. They are planning to remove 13 trees, ranging in size from 4” to 22”. These trees have been flagged. Mr. Sheridan did not propose any plantings. The existing waterline is shown on the plan.
The foundation drain is daylighted at the 106’ elevation with some rip rap. The Commission asked that it be daylighted at the no disturb. Mr. Sheridan removed the grading under the deck. Propane tanks and a generator pad are proposed at the side of the garage. The materials and machines will be stored out of the 100’ buffer.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0929), 58 Lakeshore Drive, Kenneth and Amy Rawlings, with the condition that the foundation drain be brought up to opening to daylight. Mr. Greco seconded the motion. Vote: Unanimous.

8:28 PM (NOI-DEP #143-0924) PUBLIC HEARING CONTINUED: Gilboa Court Extension/GOGOLINSKI, CAROL, A. & COGLEY, WILLIAM S.
Ms. Brown stated that the applicant has asked for a continuance.
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 19, 2017 at 7:30 PM. Mr. Greco seconded the motion. Vote: Unanimous.

8:29 PM (NOI-DEP #143-0932) PUBLIC HEARING: 69 Woodland Road/DEER CROSSING DEVELOPMENT, LLC.
Ms. Brown opened the public hearing. Dave Marquedant from JD Marquedant and Tim Nealon, owner and applicant, joined the meeting. Mr. Marquedant stated that in 2006 this lot received an Order of Conditions, but no work has been undertaken. (See Discussion item #7 below.) The septic system is still valid. The wetland line has been re-evaluated by Eco Tec. The wetlands have been re-flagged. Along with the dwelling, they are proposing a shed, a deck and an anti-creep barrier of rock or split-rail fence.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0932), 69 Woodland Road, Deer Crossing Development, LLC. Mr. Greco seconded the motion. Vote: Unanimous.

8:36 PM (NOI-DEP #143-0931) PUBLIC HEARING: 45 Woodland Road/DEER CROSSING DEVELOPMENT, LLC.
Ms. Brown opened the public hearing. Dave Marquedant from JD Marquedant and Tim Nealon, owner and applicant, and joined the meeting. Mr. Marquedant stated that no work was undertaken for the Order of Conditions issued in 2006. (See Discussion item #6 below.) The septic system is still valid. The water line has been re-evaluated by Eco Tec. Most of the work is outside the 50’ buffer, except for the shed and a small section of the septic. They are clearing to the 80’ buffer for the septic. The shed will be 12’ x 14’.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0931), 45 Woodland Road, Deer Crossing Development, LLC. Mr. Greco seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Associate Member Application. Mr. Zisk stated that the applicant was applying for the Open Space Committee.
2. Caterpillar Problems/What is safe to use near water bodies. Mr. Zisk stated that this is a Board of Health issue, and he forwarded an email to Judy Smith. Mr. Zisk asked the person who was inquiring to come to this meeting. Ms. Brown asked Mr. Zisk to follow up with Judy Smith.
3. EcoTec, Inc./Environmental Consulting Services Proposal: 12 Martin Road. Mr. Zisk stated that he went out to 12 Martin Road on Friday. The area has been flagged. No more work has been done. Mr. Zisk will issue a Cease and Desist and ask the property owners to come to the next meeting.
4. BSC Group; Peer Review for Sleepy Hollow Subdivision. Mr. Zisk stated that he needs to see the whole scope. Ms. Brown stated that the Commission wants to know if the slope on the wetland side will hold up. Mr. Zisk suggested waiting to discuss this at the hearing.
5. Gilboa Properties/Medicinal Alternatives/Response to the Commission’s Concerns. Ms. Brown stated that she saw the response. It was all within State regulations.
6. Request for a Certificate of Compliance: Deer Crossing Development, 45 Woodland Road (DEP #143-0725)-Work Never Commenced. See motion below.
7. Request for a Certificate of Compliance: Deer Crossing Development, 69 Woodland Road (DEP #143-0732)-Work Never Commenced. Ms. Sharkey made a motion to issue Certificates of Compliance for (DEP #143-0732), 69 Woodland Road and (DEP #143-0725) 45 Woodland Road, Deer Crossing Development due to no work being commenced. Mr. Greco seconded the motion. Vote: Unanimous.
8. Request for a Certificate of Compliance: Brad & Amanda Maltz, 1 Isabella Drive (DEP #143-0849). Mr. Zisk stated that Mr. Maltz filed for an RDA. The Commission issued a negative RDA and was going to wait on the Certificate of Compliance until the pool is put in. Ms. Brown stated that Ms. Lajoie was asking if the applicant should be refunded the fee for filing an RDA. The consensus of the Commission was to not refund the fee.
9. Request for a Certificate of Compliance: Christopher & Concepcion Goodwin, 11 Manzi Way, Shady Knoll Estates, Lot #27 (DEP #143-0420). Mr. Zisk presented photos. The chain link fence is within the 100’. An area, within the 50’ where the dog kennel is, has been cleared. A letter from the engineer is needed to state that clearing was done and was not allowed under the Order of Conditions. The letter should also contain a description of what’s existing in the field and state that no further work shall occur on the other side of the fence. The Commission stated that the Goodwins need to be asked to provide an As-Built and show that the area on the other side of the fence will not be used.
10. Sign Voucher.
11. Minutes: March 20, April 3, April 18, & May 15, 2017.
Approval of the above Conservation Commission meeting minutes was deferred to the next meeting.

OPEN SESSION:
Dan Heney joined the meeting. He has shown the plan for Yew Street (DEP #143-0887) to some potential buyers with young children and they are concerned about their children getting hurt on the anti-creep barrier of boulders. The Commission considers this to be a minor plan substitution of the boulders for plantings or a continuous split rail fence. Ms. Brown feels a fence would be less disturbance.
Ms. Brown stated that the Conservation fields were not cut last year. Whoever cuts the fields needs to have liability insurance. Ms. Brown asked Mr. Zisk to look into getting someone to mow the fields.

9:00 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the meeting at 9:00 PM. Mr. Greco seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 506
Joined: Thu Jan 12, 2012 8:56 pm

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