Minutes of Meeting
July 14, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Livingstone, M. Allen, R. Harrold, M. DePoto, Associate Member
Nick Alfieri, Conservation Agent
Absent: J. Fournier, R. Willis
There was a motion to accept the minutes of the June 16th meeting. The motion was seconded and accepted with a vote of 4-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes
Discussion: Old Town Beach - Jeff Nutting
Mr. Jeff Nutting, Town Administrator, appeared before the Commission for a discussion regarding the old Town beach, which is located in close proximity to the Police Station on Panther Way. There had been a swimming pool located there, which was used extensively in the 1960’s and closed when Chilson Beach was opened. There is an old concrete dam located there also.
Mr. Nutting requested the Commission’s opinion on how they would like to see the Town demolish the old bathhouse just above the stream with railings on both sides of the stream. There is also debris to be removed. There was a suggestion to make a walking path with parking area. There would be limited trimming and cutting back of brush with
possible tree cutting and a fence. The purpose of the above would be to make a small
park for the enjoyment of residents for all passive recreation.
Mr. Nutting stated that this entire area falls under Conservation jurisdiction and requested that the Commission conduct a site walk of the site. The work would be started next fall.
The Commission Chairman stated that he and Mr. Alfieri have already visited the site to determine how the mitigation could be devised.
Discussion: Delcarte Dam #4 – Jeff Nutting
Mr. Jeff Nutting, Town Administrator, appeared before the Commission to provide an update of the work which the DPW is undertaking on the road on this site. They have cut some trees for access to the site. Dam #5 has been determined to be non-jurisdictional.
In order to conduct borings on Dam #4, some vegetation will have to be removed. The concrete foundation of the old bait shop will also be removed. How would the Commission like to proceed with the work on Dam #4?
The proposed plan would be for parking with playground and picnic equipment to combine the recreation and conservation aspects of the site.
The Commission Chairman questioned the Commission members if they all supportive of this concept for the work on Dam #4 and the consensus was that they are in agreement.
Continued - Public Hearing – Notice of Intent – 3 Maple Brook Lane – Addi - CE159-1021
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr.&Mrs. Zack Addi, the applicants, all appeared before the Commission for the construction of an in-ground swimming pool.
Mr. Nielsen submitted revised plans for the Commission’s review and gave a detailed overview of these plans.
The Chairman stated that the Commission conducted a site walk and felt that the proposed stormwater treatment structure was not needed and discussed mitigation for the trees that have been taken down. There was a suggestion for the mitigation of 6-7 witch hazels along the edge of the woods and 3 red maples and itea along the edge of the lawn. Sweet gum was suggested in front of the wall by the shed.
Mr. Nielsen stated that all of this mitigation has been added to the plan.
The Chairman stated that poison ivy will be a challenge to the site and could be controlled by using Roundup. The poison ivy could be dealt with before trees are planted so that the roundup does not kill the plantings.
Some evergreens are needed on the plan in order to rebuild the habitat. The plantings should be done in the same construction season as the construction of the swimming pool.
Mr. Alfieri informed the applicant of 2 items to be addressed in this Notice of Intent application.
The Commission Chairman suggested the following special conditions:
o the cultivated area would end where the line of boulders are located
o 3 standard swimming pool conditions
o 1 bound to be placed along the stone wall in order to place a Conservation Restricted Area disk
o no more than 5 gallons of gasoline to be stored in the shed
o no hazardous chemical storage in the shed
o 100% survivability of canopy trees
o 85% survivability over 2 years of the rest of the plantings
o trees shall be planted in the same construction season as the pool
There was a motion to continue the public hearing for 3 Maple Brook Lane until July 28th. The motion was seconded and accepted with a vote of 4-0-0.
Public Meeting – Request for Determination – 326 Union Street – Crossing Realty Corp.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Fran Molla, the applicant, both appeared before the Commission for patching damaged areas of parking lot, sealcoat parking area and construction of rain garden.
Mr. Nielsen submitted an additional plan to the plan already submitted for this project and gave the Commission a brief overview of the proposed work for the site. Mr. Nielsen will provide the Commission with a compilation of the 2 plans into 1 plan.
Mr. Nielsen stated that there is riverfront area on the site. The parking lot drains to the rain garden.
Mr. Alfieri informed the applicant of 7 items to be addressed in this RDA filing.
Mr. Alfieri also expressed concerns that the 6” stone will not be large enough to prevent stormwater or kids from moving or throwing them.
There was a motion to issue a Negative Determination for 326 Union Street subject to 4 conditions; notify the Agent when the work starts, notify the Agent when the work is completed, do the work according to the 2 plans and change the stone to 8”-10” stone. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 637 King Street – Pell - CE159-1019
Mr. Bill Halsing, Engineer of Land Planning, and Ms. Elizabeth Pell, the applicant, both appeared before the Commission for replacement of failed septic system.
The Commission Chairman informed Mr. Halsing that there are some oriental bittersweet on the site that needs to be eradicated. Also, no additional yard waste should be dumped in the wetland, and attach the Conservation Restricted area signs on the trees along the rear edge of the property.
Mr. Halsing submitted revised plans addressing the comments from the recent site walk. He gave the Commission a detailed overview of these plans.
Mr. Alfieri stated that he has reviewed these revised plans and all of his comments have been addressed.
There were 4 special conditions discussed with the applicant:
- A perpetual condition that the existing lawn area is the edge of disturbance in perpetuity and disks will be placed in that location
- A perpetual condition that the oriental bittersweet on the site should be eradicated.
- The elm tree shall be cut and pruned by a certified arborist when it is dormant in the winter.
- A perpetual condition that no more than 5 gallons of gasoline shall be stored in the shed, no more than 10 lbs. of fertilizer in the shed and no toxic chemicals be stored in the shed
There was a motion to close the hearing for 637 King Street. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion that the applicant has satisfied their burden of proof of demonstrating no significant individual or adverse impact and we have discussed 4 special conditions along with the standard conditions. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2 South Street – Babolla - CE159-1020
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for construction of single-family house with lawn and gardens. The Commission Chairman stated that a recent site walk was conducted and discussion was confined to a perpetual condition regarding cutting between the edge of disturbance and the stone wall twice a year between July 1st and April 1st.
Mr. Nielsen submitted revised plans for Commission review addressing comments from the site walk and gave the Commission an overview of these changes made to the plans.
Some special conditions discussed with the applicant were:
- cutting
- bounds with placards on the fence to depict the permanent limit of disturbance
- perpetual condition regarding cutting twice a year
- no phosphorous fertilizers to be used
- no known invasive species to be planted
There was a motion to close the hearing for Lot 2 South Street. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – 3 Forge Parkway – Stantec - CE159-1018
Mr. Steve Senna, a representative of National Development, and Mr. Theo Kindermans, a landscape architect of Stantec, both appeared before the Commission for construction of a 37, 600 sq. ft. building with parking area.
Mr. Kindermans has already submitted revised site plans to the Conservation Department for review and stated that they have addressed all of the engineering comments from the Town Engineer. There were a few other items to be addressed and they are waiting to see if Conservation has any other comments to be addressed.
Mr. Kindermans gave the Commission an overview of these revised plans.
A Commission member stated that during the recent site walk, she observed the slope change as an improvement to the site. Snow storage location was questioned and where will the snow be deposited? Mr. Kindermans stated that there are areas on the site where it can be stored and these areas are depicted on the plans.
A special condition was discussed with the applicant regarding no snow storage in the resource area.
A perpetual special condition was discussed stating that tree-of-heaven invasive plantings on the site be killed.
Mr. Alfieri informed the applicant of 8 items to be addressed in this Notice of Intent filing.
Mr. Kindermans stated that all of these comments will be addressed in new revised plans that will be submitted shortly.
Mr. Senna informed the Commission that the comments from all the Town departments will be addressed in the revised plans.
There was a motion to continue the hearing until July 28th. The motion was seconded and accepted with a vote of 4-0-0.
GENERAL BUSINESS
There was a motion to nominate Marc DePoto as an Associate Member of the Conservation Commission. The motion was seconded and accepted with a vote of 4-0-0.
Signed Determination of Applicability & Orders of Conditions
Determination of Applicability (Negative) 326 Union Street – Crossing Realty Corp.
Orders of Conditions – 637 King Street – Pell - CE159-1019
There was a motion to adjourn. The motion was seconded and accepted with a vote of 4-0-0.
The meeting adjourned at 8:50 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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