CONSERVATION COMMISSION
Minutes
April 27th, 2017 at 7:00pm
Town Hall, 663 Main Street
PUBLIC HEARINGS AND APPOINTMENTS
REQUEST FOR A DETERMINATION OF APPLICABILITY (RDA); NOTICE OF INTENT (NOI), ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION (ANRAD), ORDER OF CONDITIONS (OOC)
7:00 pm Chair Brian called to order the April 27th meeting. The present commission members were Karen Overfield, Brian Berube, Jeff Larence, Jeff Bryan and Conservation Agent Rebecca Longvall.
Chair Brian continued the public hearing for 22 West Berlin Rd, Taylor Property Rebecca re-capped the process thus far and updated the commission on recent correspondence from Natural Heritage and DEP. Areas in jurisdictional and resource areas were clear cut without notice of an RDA or NOI which was answered by an enforcement order to Mr. Robert Taylor. The after the fact filing of an NOI has persisted without physical presence at the meetings and has continued for just under a year. The NOI stated that [Mr. Taylor believed the area to have naturally regenerated/continues to return to its natural state since the cease and desist therefore there is no need for other restorative measures along with the property is exempt for being in agricultural use.] The exemption however is
determined by the Con Com. it may be determined by being active under Chapter 61A however the property is no longer “actively in Chapter 61A”, since it has been stated Mr. Taylor wishes to maintain this status he has been advised to address this issue with the assessor.
It has been stated that [the purpose is to remove unwanted vegetation and invasive in the fields and planned to create additional fields with a purpose to improve land, quality of hay and increase production of forage grasses.] There is allowable expansion of fields if there is a hedge row or similar vegetative inhibiting stand; however not clear cutting without notice of an RDA or NOI. The riverfront area along with through the wetland has been cleared. The regeneration of vegetation along the river are most likely significant for wetland species however some type of planting should be implemented to ensure the bank stays intact. The westerly side of the stream is not to be entered and further disturbed. There is an outstanding MESA form on the property as well and is being enforced
by NHESP. NHESP and DEP will be seeking other resolutions if there is no remedy sought out at the meeting tonight and that there is still significant question and continuances throughout the project. There are areas of concern for all three DEP, NHESP and Bolton Conservation Commission. We have received updated but still incomplete plans. The plans received the middle of April titled “Site Plan” by David E. Ross Associates, Inc. dated 4/12/2017; with a letter attached. There were no representatives for the applicant at 22 West Berlin Rd. nor Mr. Taylor himself. There had been no request for continuance to the next meeting.
The commission discusses the Open Space and Recreation Plan to be unveiled at the Annual Town Meeting to begin the process of accepting other town comments. The Commission has been awarded the small communities assistance grant to help alleviate some of the cost if the town moves to pursue Camp Virginia.
Chair Brian made a motion to approve minutes from 4/4/2017. Jeff L second, all unanimously approve.
Chair Brian made a motion to close the public hearing. Jeff L second, all unanimously approve. Brian made a motion to accept the NOI as submitted. Jeff L second, all unanimously opposed. Chair Brian notes at the following meeting on May 9th at a time TBD the commission will consider enforcement if necessary as NHESP and DEP has given the property owner until May 8th to submit the information requested in their correspondence.
7:33 pm Chair Brian opened the public hearing regarding a Notice of Intent for 53 Wheeler Rd., Buyuk Property proposing a two-tier deck installation and expansion project. Kate Buyuk was present and expressed the extent of the proposed project. The project consists of the replacement of an existing deck with a two tier deck 27’ x 10’ ad 20’ x 20’. Trex and 4x4 pressure treated wood. Jeff L, Brian, and Rebecca conducted a site visit. The work is 108’ away from a vernal pool and 71’ away from unmarked vernal pool determined by the applicant. The deck itself will involve 8’ concrete footing, 2x10 Simpson joist hanger, and flashing to redirect water. The total extension of the deck will be 20’ wide, beneath the deck along with a 6in. apron around the
exterior of the deck base there will be crushed gravel. The deck will be enclosed at the base in lattice to allow for storage without hindering potential passage of wildlife. Brian asked about the basement sump that was discharging from the home to clarify the use. Jeff L asked about the staging area. Kate ensured this would be toward the front of the home most likely in the driveway. The commission also requested the applicant to place straw wattles to show the limit of work, the assurance of water be directed away from the wetland first, stockpiles were to be kept at front of home, any staging to be done at front of home as well as a function of digging foot holds earth is to be placed at front of home.
Chair Brian made a motion to accept NOI application. Jeff B second, all approve. Brian states the commission will vote on the OOC at the next meeting date May 9th at a time TBD.
7:49pm The Commission welcomed Marine Smith representing the Pondside Regency for the discussion regarding a fenced in dog pen next to the detention pond. The proposed fence will be a 24x16in chain link fence. Jeff L asked about distance from pond/wetland. Marnie states she believes it is outside 100ft but would like the commission to check the area to the rear of the proposed pen. Karen asked about the number of dogs which Marnie clarified as being 13 in total. The commission suggested making a site visit to the Regency. The site visit was decided for May 2nd Tuesday at 4pm.
7:58pm Brian opened the public hearing regarding a Notice of Intent for the proposed septic upgrade/replacement at #40/42 Hudson Rd. Jack Maloney of Ducharme & Dillis along with the applicant Mr. Loring were present. The proposed project is the construction of a bedroom addition to an existing single family house and septic system improvements for both existing homes. The project involves impact to the buffer areas as close as 50ft. in one area. The proposed project involves the installation of 2-1, 500 gallon, 2-compartment septic tanks, and leaching facility with associated grading. The existing house #42 is proposing to add a one bedroom addition above part of the existing house along with 8’ x 20’ screen porch, which will take place of the existing deck/patio, off the south
end of the house. With limited space outside the wetlands, and no town sewer available to the property this septic system is being proposed to accommodate a 3-bedroom dwelling. The mitigation measures include straw wattles to be installed up gradient from areas of boarding vegetated wetlands that may receive runoff from areas disturbed by construction; to be maintained throughout construction. The sediment control barrier will be installed to prevent the migration of soil materials under, around or over fencing, sediment will be removed from behind the barrier when the accumulated amount has reached approx. half the original installed height of the barrier. Overall condition will be inspected and maintained. Upon completion all disturbed areas shall be loamed and seeded or landscaped. Erosion controls to be removed upon final stabilization and or after the Con Com has issued COC for the project. NHESP filing is not required for this project.
The property is currently an old fishing camp and pottery shed that are pre-existing. The addition is proposed on the standing building along with renovating and adding in a screened in porch. There is currently a cess pool that has been in place for both buildings therefore the proposed septic system. The applicant has a company looking to redirect roof runoff either into the cess pool to be used as a recharge. Karen asked how many trees will be removed during the project and the applicant clarified there will be a few mature trees mostly pine. Jeff L asked about the height of the retaining wall to be placed along the driveway, the extent of removal and addition of soil and where the earth would be stockpiled. The retaining wall is proposed at the low side of the drive. The building
of the septic system will be according to title 5. Jeff L asked about the stabilization of the field; Jack states the proposed work is to loam and seed the area or mulch or seed with a wildflower mix. The deck has the same footings that are currently in place. The Erosion control suggested is silt fence and hay bales. Brian suggests a site visit. Jeff L suggests identification of stockpile area. Site visit suggested for 4:30pm on May 2nd with Jack and commission members. Mr. Loring requests a continuance for 40/42 Hudson Rd. Brian made motion to continue until May 9th at a time TBD. Karen second, all unanimously approve.
8:25pm the commission discusses some business of mail that is regarding right of way management by DOT which is open for review/comments. The commissions concerns would like to note that herbicides are not used in the town and also would like to know which herbicides are being used for the vegetation management. Rebecca stated she will draft a letter to send.
8:30pm The Commission welcomes Bob Roamer to discuss the potential request to amend the order of conditions for Town Common. Bob Roamer was present along with Brandon Ducharme and Dan of the Bolton Conservation Trust. Bob would like to discuss the removal of the erosion control located at a portion of the project that has been completed in order to finish stabilizing. The replication area is also in question and the applicant would like to revisit a potential amendment of the OOC to remove the replication area. There are many circumstances where when an area is disturbed another area wetland area is created. Brandon Ducharme will explain why this area was chosen if there are any questions; however it does have relevancy to being a manmade wetland through drainage that has
taken course but more importantly in great proximity to great brook and allowing further filtration prior to flowing into great brook. The erosion control is being requested to be removed to ensure the further stabilization of the area allowing the seeding and planting of the area with fruit trees. There are outstanding issues on the property regarding maintenance of knotweed which is a continuous battle throughout town and the replication area.
The proposed wetland replication area is a marginal wetland area with knotweed surrounding it. The impact to remove the knotweed would increase the impact of any wetland species that may exist at present. Although the replication area has yet to begin and takes a couple years of monitoring to be in compliance there has been significant decreases of runoff through the removal of almost all impervious surfaces throughout the lot along with other remediation actions that were taken. The now pervious areas allow for increased infiltration overall reducing the amount of runoff that would potentially carry sediment into the fore bay of the drainage system. The replication area was chosen due to its adequate hydrology. Jeff L asked about any potential water to flow through this area. Bob
described the only time this area has had significant water is when there is a backflow which has been a rare occurrence. Brandon reminded the commission that the project as a whole is an overall improvement to the area and the area chosen for wetland replication is an old drainage that is manmade. The original plan was to create a robust wetland however the knotweed causes a severe problem in attaining that resource area. There is no other probably area to create a wetland on the property. Bob requests the commission to amend the order of conditions directing him to not replicate the wetland area due to the detrimental effects if completed. Brian states the commission will amend the order at the next meeting May 9th at a time to be determined.
9:04pm the commission welcomes Brandon Ducharme who is representing the applicant, to discuss the request for extension on lots 7, 13 and Houghton Farm Lane. Brandon reviews with the commission the work that has been completed and is requesting a 2 year extension as the applicant is hoping to finish the work this season. The replication area is complete and the Lane work is the planting of street trees, the placement of gravel in the parking area and the road to be top coated. Brian asked if there have been any major changes to the Wetland Protection Act recently that would hinder an extension. There has not been any major changes to the WPA. Chair Brian makes a motion to extend the current OOC for #7, #13 and Houghton Farm Lane for an additional two years until April 29th
2019. Jeff L second, all unanimously agree.
Jeff L updated the commission on Susan’s ANR plan regarding land donation and that she will be present at a future meeting to discuss with the commission potential assistance. Jeff L also highlights Eagle Scout for his completion of a project on the trails and improvement to the property as a whole.
9:30pm Chair Brian makes a motion to close the public meeting; Jeff B second, all unanimously approve.
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