CONSERVATION
COMMISSION
P.O. BOX 308
Wednesday, March 2,
2005
7:00 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Joan
Formeister called the regular meeting to order at 7:02 p.m. Members Joan Formeister, Dan Fraro, Karl
Walton, Todd Whitford and Lise Wood were present and constituted a quorum. Also in attendance: David Askew, Wetlands
Agent.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
consider Item
b
of Old Business prior to Item
a
of Old Business.
b.
Discussion/Possible Decision:
Modification of Wetlands Application #506, 11-Lot Subdivision in Upland
Review Area, Extension of Isabella Drive, KRL Builders
Rick
Leno of KRL Builders presented revised plans for the extension of Isabella
Drive. These plans show Isabella
becoming a connection between Stebbins Road and Turnpike Road. It was noted by David Askew that there
was no impact to wetlands with such a revision and he has forwarded a letter to
the Planning Commission to this effect.
His letter also noted the need for compliance with the Department of
Environmental Protection’s storm water discharge treatment regulations. No other issues regarding wetlands were
identified.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
approve the modification to Application #506, 11-lot subdivision in upland
review area, extension of Isabella Drive by KRL Builders, with the condition
that the applicant comply with the state’s storm water discharge treatment
regulations.
a.
Discussion/Possible Decision:
Wetlands Application #513, 9-Lot Subdivision in Upland Review Area,
Stafford Road and Rocky Dundee Road, GCS Land Development
Corp.
George
Schoerber of GCS Land Development Corp. and Mike Tarbell of Tarbell, Heintz and
Associates came before the Commission.
Mr. Tarbell explained that changes had been made to include as open space
a portion of the Stafford Road lot situated across from the farm. The area previously designated as open
space is now to be a building lot.
Another change is that Lot 5 will now have access to the area at the rear
of the parcel, as do all the other Rocky Dundee Road lots on the parcel, by way
of a conservation easement. A strip
of land along the rear line of the parcel will also be designated as open
space.
Mr.
Tarbell has met with David Askew and has determined that very little clearing
will need to be done in order to make a driveway for the newly designated
lot. A connection is proposed with
an existing narrow old woods road.
Although the driveway would be very long, this was considered a better
alternative than accessing through Rocky Dundee Road, which would have a more
severe impact on the natural landscape.
An 18-inch pipe will need to be installed within a narrow wetland
area.
Mr.
Askew asked about storm water on Lot 6.
Mr. Tarbell explained that a shallow detention basin will be
installed. The basin will have
rolling sides and a shallow berm.
He expects the drainage swale to be bonded by the town. No other concerns regarding wetlands or
watercourses were identified.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
approve Wetlands Application #513, 9-Lot subdivision in upland review area,
Stafford Road and Rocky Dundee Roads by GCS Land Development
Corp.
c.
Discussion/Possible Decision:
Wetlands Application #514, Grading for Residential Reconstruction in
Upland Review Area, 99 Four Bridges Road, Gazis
In
order to clarify one of the issues discussed at the last meeting, Dave Askew
wrote to the architect and discovered that the engineered site plans on file
with the town show the existing footprint of the house as well as the proposed
home, including the garage. The
structure in its entirety is situated on the footprint, with the exception of
the proposed deck.
Discussion
followed about the Zoning restrictions and the tearing up of the existing
foundation for reconstruction.
Concern
was expressed that construction equipment may inadvertently impact wetlands
because the lot is small. Mr.
Askew stated that since the wetlands were situated down a steep slope this would
be unlikely. He added that the plan
presented showed no direct alteration of the wetlands.
He
cautioned that it was important to note, however, that because of the size of
the lot and the way it is situated near the wetlands, there was neither room for
variation from the plan nor room to add any additional construction in the
future.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
approve Wetlands Application #514, grading for residential reconstruction in
upland review area, 99 Four Bridges Road.
It was noted by the Commission that the only reason this was being
approved was that the application showed no direct impact to the
wetlands.
d.
Other
No
other Old Business was presented.
III.
NEW
BUSINESS
a.
Wetlands Application #515, 3-Lot Subdivision within Upland Review Area,
Parker and South Roads, Gessay and Ludwig
Representing
the applicants was Joseph Russo from J. R. Russo & Associates. He explained that the applicants
intended to construct a 3-lot subdivision on the westerly side of Parker Road,
where it borders with South Road (Route 83). The plans showed the homes are to be
situated outside of the 100 foot regulated area from the wetlands and the septic
systems are all outside of the 50 foot regulated area. The closest disturbance is the septic on
Lot 2.
Mr.
Russo explained that they had designed the plan to keep everything on the upper
side slope, and consequently have had to use a common driveway for 2 lots in
order to achieve this.
He
added that drainage has been set up on Parker Road and tied into a manhole where
it will move into a plunge pool.
They feel this is a large improvement over the current drainage
situation, which causes erosion.
When
asked the type of wetlands on the site, Mr. Russo stated that it was red maple
swamp. The area holds storm water
well and it is very rare to see discharges across the
road.
Dave
Askew asked that the construction limits be marked prior to clearing ensuring
that the limitations are well defined. This was requested because there will be
clearing which extends within the regulated area.
Mr.
Russo added that the owners would probably wish to keep the wooded areas
uncleared so they could provide a buffer from Route 83.
b.
Wetlands Application #516, Grading for New Home within Upland Review
Area, 47 Harvest Hill, Mountford
Mr.
Mountford presented the plans for his home prepared by Gardner, Peterson &
Associates.
It
was noted that a wetland is located to the east of the house site and there is a
conservation easement surrounding it.
David Askew said that he hoped to inspect the site without snow cover to
determine if additional measures were necessary to treat stormwater from the
house site.
Mr.
Mountford stated that it was his hope to begin construction during March and he
wondered about the time-frame for approval. Since the Commission’s next regular
meeting is not until April, discussion followed about the possibility of a
special meeting. David Askew will
check into it and let everyone know.
Dan Fraro stated that he would not be voting on the issue because he is
an abutter to the applicant’s property.
c.
Review and Adopt Bylaws
Dave
Askew presented the revisions to the Bylaws for the Commissioner’s review. The first revision was on Page 5,
Section C, line 3. The following
language would be deleted: “before
the handling of general business to request inclusion during discussion of
agenda items or”. This section
refers to audience participation at meetings.
The
second and only other revision was found on Page 9, Section B, where the
following language is added: “The
transcript is only created when a matter is appealed and is required by the
court. The Commission cannot be
otherwise compelled to provide a transcript, but for a nominal fee to cover
costs, will provide a copy of the tape recording.”
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
adopt the Conservation Commission Bylaws with the above
revisions.
d.
Discussion: Plan of
Conservation and Development
The
first item discussed was that of grants, particularly with respect to the
Whitaker property. Mrs. Formeister
asked if there was a way in which the Commission could help in the process. It was suggested that perhaps the
Commission could add a letter of endorsement. It was also suggested that this be added
as an agenda item on an upcoming meeting.
Lise
Wood presented the possibility that Karl Walton, Chairman of the Planning
Commission, could give us verbal updates on how things are progressing according
to that Commission. This might
enable the Conservation Commission to be aware of other ways in which it could
help. Mr. Walton said that he would
be happy to update the Commission as things moved forward within the Planning
Commission.
Discussion
followed about other items listed in the Plan of Conservation and Development as
tasks for this Commission. One of
the tasks mentioned was the education of residents about
conservation.
Mr.
Walton pointed out that there were tasks included on the list of items and also
policies. The policies were things
that we should consider as we go about the regular business of the
commission. Some of the tasks
included have already been completed, such as the vernal pool
inventory.
e.
Other
No
other New Business was presented.
IV.
AUDIENCE
PARTICIPATION
There was
none.
Dave Askew
stated that he had inquired with the Town Attorney about acting on conservation
issues separately from wetland issues.
Attorney Landolina suggested that the issue be handled by addressing
conservation issues as an agenda item, separate from the regulatory functions of
the Commission.
The Wetland’s
Agent report was then presented for the Commissioners to review. When discussing permits, Mr. Askew
questioned whether fees should be increased to cover the cost when outside
expert opinion is necessary on applications. Now courts are requiring expert
testimony on evidence presented for litigation and the financial burden falls on
the town. Since the issue is caused
as result of the application, the experts hired should be done so at the expense
of the applicant – not the town.
A motion was
made by Karl Walton, seconded by Lise Wood and unanimously voted to accept the
Wetland Agent’s report.
Notice of the 2005 Municipal Inland
Wetland Training Session has been received and anyone interested in going should
contact Dave Askew.
No bills were
presented.
VII.
MINUTES APPROVAL
A motion was
made by Lise Wood, seconded by Dan Fraro and unanimously voted to approve the
minutes of the January 5, 2005 meeting as written.
A change was
made in the Call to Order section of the February 9, 2005 minutes so that Karl
Walton was included as one of the Commissioners in attendance. A motion was made by Karl Walton,
seconded by Lise Wood and unanimously voted to approve the minutes of the
February 9, 2005 meeting as amended.
A motion was
made by Karl Walton, seconded by Lise Wood and unanimously voted to adjourn the
March 2, 2005 Conservation Commission Meeting at 8:30 p.m.
Respectfully
submitted,
Lise Wood,
Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.