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Conservation Commission Minutes - 07/17/08





                
Minutes of Meeting
July 17, 2008


To:  Town Clerk
cc:   CRWA
      Members
      File


Present:  R. Willis, C. Botchis, P. Boncek, J. Fournier, P. Murphy, M. Allen, Associate Member             Nick Alfieri, Conservation Agent

Absent:  J. Senterman, A. Tolland


There was a motion to accept the minutes of the June 26th meeting.  The motion was seconded and accepted with a vote of 5-0-0.

Elections  
There was a motion to nominate Chris Botchis for Chairman.  The motion was seconded and accepted with a vote of 5-0-0.

There was a motion to nominate Jon Fournier for Vice-Chairman.  The motion was seconded and accepted with a vote of 5-0-0.

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.

Enforcement – 30 Jackson Circle
There was a motion to send an Enforcement Order to A-1 Paving to appear at the next Conservation meeting to address the issues at 30 Jackson Circle.  The motion was seconded and accepted with a vote of 5-0-0.


Public Hearing – Notice of Intent – 16 Crystal Pond Lane – Robert – CE159-967
Mr. Richard Goodreau, Engineer of United Consultants, appeared before the Commission for the construction of a
20’x20’ addition to existing single-family house and patio.  Mr. Goodreau informed the Commission that the addition would be constructed to the rear of the existing house.  A concrete patio to be installed off the existing addition is also proposed.  

Mr. Goodreau stated that the wetlands have been flagged depicting the 25 ft., 50 ft. and 100 ft. buffer zones.  A second roof recharge system to collect the roof runoff is proposed.  Erosion control socks are also proposed which would run from the foundation to the retaining wall.   The stockpile area with a compost sock installed around it is also depicted on the plan.  The proposed addition and patio would be constructed on previously disturbed area, i.e., lawn area.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 5-0-0.

There was a motion to issue State and Local Orders of Conditions.  The motion was seconded and accepted with a vote of 5-0-0.


Public Hearing – Notice of Intent – 30 Shady Lane – Callahan - CE159-968
Mr. Paul Truax, Engineer of GLM Engineering, and Mr. & Mrs. Callahan, the homeowners, all appeared before the Commission for the construction of an addition to existing single-family house.  Mr. Truax stated that this house was constructed in 2005 when approved by the Commission and an Orders of Conditions issued.

The proposed 16’x35’ addition would be constructed on the right side of the house.  The deck would be extended off the back of the house.  There is a river to the rear of the site.  The 100 ft. riparian zone runs through the middle of the lot; the lot was pre-existing to the Rivers Protection Act.  

The wetland delineation has not changed from when the house was constructed in 2005.  The siltation barrier is constructed along the rear of house.  The deck will be constructed on piers.  
A third leach basin is proposed to handle the runoff from the house.

Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.

A Commission member questioned Mr. Truax as to whether the proposed leach pits are proposed or existing.

Another Commission member stated that 50% of the proposed work is to be done inside the 50 ft. buffer zone and that no structures should be constructed within the 25-50 ft. buffer zone and there is also a 25 ft. no disturb area.  

Another Commission member noted that the Rivers Act states that the work should be performed away from the river.  An alternatives analysis and mitigation plan should be submitted for this project.  

Another Commission member made note of the fact that there is an option to go through the variance process if he is proposing work within the 50 ft. buffer zone.  

Another Commission member stated that there is an area to the right of the house rather than going back toward the riverfront and resource area.  

The Commission requested that Mr. Truax look at the Conservation regulations and reconfigure the proposed work and submit revised plans according to these regulations.

There was a motion to continue the hearing until July 31st.  The motion was seconded and accepted with a vote of 5-0-0.


Continued - Public Hearing – Regulations & Filing Changes – Conservation Commission
The Commission Chairman opened the continued hearing for the regulations and filing changes.  

Mr. Alfieri recommended to the Commission that the hearing be continued until after the Town Council acts on Bylaw 4-15 and it is passed.

There was a motion to continue the hearing until July 31st.  The motion was seconded and accepted with a vote of 5-0-0.

                                                                                            
GENERAL BUSINESS
        
        Extension Permit:  Marketplace at Chestnut Ridge - SE159-721
        There was a discussion among the Commission members regarding the issuance of an Extension to the Orders of Conditions for this project.  Mr. Alfieri informed the Commission that he has recently spoken with the Town Attorney, Mark Cerel, regarding this project.

Mr. Cerel informed him that the Court has frozen the file on this as the applicant has gone into bankruptcy.  Mr. Cerel advised Mr. Alfieri that no action should be taken by the Commission that would be contrary to the Court order.

There was a motion to not issue an Extension Permit.  The motion was seconded with a vote of 1-4-0; 1 Yes, 4 No, 0 Abstentions.

There was a motion not to extend the Orders of Conditions for the Marketplace at Chestnut Ridge.  The motion was seconded and accepted with a vote of 5-0-0.
        
Certificate of Compliance:  41 Hancock Road - SE159-490
There was a discussion among the Commission regarding the issuance of a Certificate of Compliance for this property.  Mr. Alfieri stated that the site is in substantial compliance and recommended the issuance of the Certificate of Compliance.  

There was a motion to issue a Certificate of Compliance for 41 Hancock Road.  The motion was seconded and accepted with a vote of 5-0-0.



        
Signed Certificate of Compliance & Orders of Conditions
Certificate of Compliance – 41 Hancock Road – Federal Homes - SE159-490
Order of Conditions – 16 Crystal Pond Lane – Robert - CE159-967         

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:30 p.m.

Respectfully Submitted,



Kathleen Celorier
Conservation Secretary