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Inland Wetlands & Watercourses Commission Minutes 01/20/2011
MINUTES
Thursday, January 20, 2011 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street

I.        CALL TO ORDER

Chairman, Paul Smith, called the regular meeting to order at 7:30 p.m.

II.     ROLL CALL

Members Present 
Paul Smith, Chairman
Charles Sohl, Vice Chairman
Robert McIntyre
Charles Wehrly
Kimberly Gallagher

Members Absent
William Pollock
Brendan McKeown

Staff Present
Joanne Rynecki, Recording Clerk
Kathleen Noyes, New Recording Clerk

III.     OLD BUSINESS

        A.      10-017          George Bessoni
                Remediation of two violations in the 100 foot upland review area.
                90 & 92 Ingham Hill Road, (Map 35/ Lots 11 & 12)

J. Wren, engineer for the Applicant, stated that on Drawing RP1, 92 Ingham Hill Road, the abandoned vehicles, construction equipment, etc., had been removed from the site. He said there was a test hole excavated, and that the top 3-4 feet was loose fill and landscaping debris which was consistent with the site. Below that, at approximately8 feet of depth, were concrete slabs, stones and asphalt. J. Wren said there were no contaminates found, and that nothing was leeching into the ground.

The Applicant proposes to excavate the area to create a more stable slope, with white pines planted and mulch or hay placed to stabilize the area until vegetative cover is established.

J. Wren then discussed Drawing RP2, 90 Ingham Hill Road. He said the guardrail was removed at some point. He proposed planting white pine trees, replacing the guardrail at the location that was approved in the 1990’s, and installing hay bales to prevent sedimentation.

There was concern among Commission members about Mr. Bessoni’s inability to control the actions of his tenants and the need to control access to the property. This led to discussion about a guardrail versus a stockade fence versus white pine trees or even boulders to act as a deterrent to vehicular movement. P. Smith stated that plantings should encourage more open space and deter dumping activity.

P. Smith asked J. Wren about the second note on plan RP2 regarding removal of materials. P. Smith said it was redundant, and not inclusive of the Wetlands Officer, and he requested that it be removed.

Commission members expressed their desire that the property be monitored regularly to prevent dumping of materials in the future.

MOTION to approve the restoration plan presented for RP1, 92 Ingham Hill Road, (Map 35/ Lot 11) with the following conditions: 1) Construct a 6 feet high stockade fence along a portion of the westerly property line from the railroad property southerly for approximately 150 feet and then westerly for approximately 45 feet 2) Between the fence and the proposed white pine planting area, and along the existing dirt drive extending toward Ingham Hill Road, scarify the areas and place topsoil and seed to establish a vegetative cover that is not to be disturbed or mowed in the future. 3) Block the existing dirt drive with fencing or boulders so vehicular access is prohibited;  MADE by R. McIntyre; SECONDED by C. Wehrly; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

MOTION to approve the restoration plan for RP2, 90 Ingham Hill Road, (Map 35/ Lot 12) with the following condition: 1) Remove the second note on the plan which is repetitive and excludes the Town’s input; MADE by R. McIntyre; SECONDED by C. Wehrly; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.


IV.    NEW BUSINESS

         B.    10-018          Steven M. Walter
Extension (enlargement) of paved driveway area and construction of new shed.
                19 Dibble Road, (Map 46/ Lot 6-10)

                The applicants, Steven and Mary Walter presented for themselves.

P. Smith stated that the Applicant was granted a permit from the IWWC a couple of months ago for removal of the existing deck, construction of a basement plus two story home addition and construction of a new deck. This application is just to extend the existing drive further to the west, and to construct an 8’x10’ shed east of the existing w area. P. Smith informed the applicant that the placement of the shed immediately adjacent to the existing wetlands would probably not be permitted because it would be too close to the wetland. It was also noted that an existing shed appeared to be in violation of current zoning setback regulations. He suggested that the applicant come back to the Commission with a revised plan showing an alternative location for the proposed shed. He also said the new shed construction should include a silt fence for erosion control between the shed and the wetland.

P. Smith advised the Applicant to submit a revised plan to Land Use staff as soon as possible so it may be put in the meeting packets for the February IWWC meeting. He also advised the Applicant to check with staff because the February meeting may be cancelled due to lack of quorum, in which case, the next IWWC meeting would be on Thursday, March 17, 2011.

MOTION to accept application 10-018 Steven M. Walter, Extension (enlargement) of paved driveway area and construction of new shed for 19 Dibble Road, (Map 46/ Lot 6-10); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

MOTION to deem activity not significant and not to require Ordinance 71 fees. 19 Dibble Road, (Map 46/ Lot 6-10); MADE by R. McIntyre; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

C.      11-001          Thomas Sola
Construct single-family residence, including septic system, water service, driveway and site grading. Vacant Lot on Coulter Street, (Map 37/ Lot 64-1)

Roger Nemergut, engineer, presented for the applicant. Thomas and Eleanor Sola, applicant, and Richard Snarski, Soil Scientist, were also present.

This site was presented last month as a discussion, and now it is being presented as an application. R. Nemergut said he tried to take into account as many of the IWWC’s suggestions from the previous discussion as possible.
R. Nemergut explained that this is a ½ acre parcel on Coulter Street that has a 25’x 50’ wetland, but most of the parcel is in the upland review zone. He also explained that the plan has been revised. The house was shifted southerly on the lot. By shifting the house, there will be no building activity within the wetland. The only activity in the wetland will be planting. The planting plan, which includes cranberry and winterberry shrubs, has been added to the drawings. Native plantings are being proposed, and a letter from  environmental consultant Penelope Sharp dated December 7, 2010 was entered into the record along with a picture of the wetland.

R. Snarski explained that the shrubs would grow into a thicket over time, which will make mowing of the wetland area very difficult.

R. Nemergut discussed the dimensions of the house stating that there would be no full basement. It will either be a crawl space or slab on grade.

K. Gallagher asked R. Nemergut about the placement of doors, steps and decks or patios. R. Nemergut said there is no fixed plan for the house at this time, but the front door would most likely be on the south face of the house and the rear door would be on the north face.

P. Smith explained to R. Nemergut that without a plan showing a deck or patio, if a future home owner would like to build steps or a deck or patio, they would have to apply to the Commission for approval. Therefore, he advised R. Nemergut to come back with a defined footprint for all construction at the next meeting.

C. Wehrly expressed concern about the possible penetration of oak tree roots into the geomatrix field.  R.Nemergut stated that this should not be a concern.

P. Smith asked R. Nemergut about placement of water service. He said he felt it was too close to the wetland. P. Smith proposed that the water service be moved in a southwesterly direction so it would be an extension of the water main coming from the rear of the house. This also led into a discussion of any easements between this property and the adjacent property owned by Chatham Condos. P. Smith expressed concern that the adjacent private property owner could terminate water service to the Applicant’s property.  R Nemergut will check on possible easements for the existing section of water main.

P. Smith asked R. Nemergut to add a silt fence to protect the wetland during water main construction, to adjust proposed  contours 11, 10 and 9 on the plan, and to correct section A-A as drawn on the map.

In response to questioning, R. Nemergut stated that the Geomatrix septic leach field would be constructed with a 4” diameter pipe. He said this would be corrected on the drawing.

P. Smith questioned whether the driveway would be a gravel or paved  driveway. He said the Commission would like to see the type of driveway specified.

MOTION to accept application 11-001 Thomas Sola, Construct single-family residence, including septic system, water service, driveway and site grading. Vacant Lot on Coulter Street, (Map 37/ Lot 64-1); MADE by C. Wehrly; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

MOTION to deem activity not significant and not to require Ordinance 71 fees for application 11-001; MADE by R. McIntyre; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

P. Smith advised the Applicant to submit a revised plan to Land Use staff as soon as possible so it may be put on the agenda for the February  meeting.  He also advise the Applicant to check with staff because the February meeting may be cancelled due to lack of quorum, in which case, the next IWWC meeting would be on Thursday, March 17, 2011.

V.      REGULAR BUSINESS

A.      Staff Reports - none

       B.              Representative & Subcommittee Reports

R. McIntyre reported that the Planning Commission had its third Public Hearing for The Preserve at its meeting on January 19, 2010.

C. Wehrly reported that the WPCA had an extra meeting to approve Clean Water funding and to revise and update the Wastewater Management Plan.

P. Smith stated that the DEP is making changes that will affect the IWWC regulations and fees. Changes in IWWC regulations must go to Public Hearing and changes in the Commission’s fees must go to Town Meeting to be approved.

C.      Correspondence – in Packets

        D.      Approval of Minutes – December 16, 2010

MOTION to approve the minutes of December 16, 2010 as presented; MADE by R. McIntyre; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.
        
VII.   ADJOURNMENT
        
MOTION to adjourn the meeting at 10:07 p.m. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, February 17, 2011 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by K. Gallagher; SECONDED by P. Smith; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Wehrly, C. Sohl, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 5-0-0.

Respectfully Submitted,



Kathleen Noyes