MINUTES
REGULAR MEETING
Thursday, December 15, 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
William Pollock, Secretary
Kimberley Gallagher
Charles Wehrly
Brendan McKeown (arrived 7:38 pm)
Members Absent
None
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Susan Graham, Administrative Clerk
IV. NEW BUSINESS
A. Violation – 13 Fox Hollow Road (M55/L 15-14) Construction and placement of a wooden bridge over unnamed stream.
S. Prisloe visited the site after receiving a complaint from a neighbor. He took a picture of the structure and a notice of violation was issued to Stacy Reed, the property owner. S. Prisloe said that Atty. Kevin Cloutier submitted an application today on behalf of the owner.
The owner’s husband, David Reed, was present at the meeting. He apologized to the committee for building the bridge without proper permitting and said he was not aware of the regulations. He said the purpose of the bridge is to access the rear third of his property and the trails that his family uses for sleds, mountain bikes and other purposes. P. Smith advised that he should have consulted the Commission first for advice before building the bridge.
D. Reed said he consulted with Richard Snarski, Soil and Wetland Scientist, who flagged the wetland boundary for the Applicant. In addition, he consulted with a local lumber company for advice on materials and construction.
The photos showed wheel tracks from vehicles and P. Smith advised D. Reed to stop using the bridge for anything other than foot traffic until their application for a permit is acted on. S. Prisloe mentioned that the application submitted today was incomplete because the fees were not included. D. Reed then submitted a check for the correct amount during the meeting.
The committee looked at the application and C. Sohl questioned why a site plan was not submitted with existing condition details including topography leading to the bridge and materials used to cover the ground. D. Reed estimated the slope to be about 15 degrees on either side and. He said that he used stone for about 5 feet leading to the bridge from his house and that there was dirt and leaves on the other side.
K. Gallagher asked D. Reed about the frequency of traffic over the bridge. He said his children use it roughly 25% of the time for ATVs and there could be 3 ATVs crossing 5 times in an hour. W. Pollack requested that D. Reed provide a list of all materials used to construct the bridge before the application is reviewed.
K. Gallagher reiterated that only foot traffic is to be allowed until action is taken on the application. P. Smith told D. Reed that there is to be no crossing of the stream by wheeled vehicles at any location on the property until the application is processed and acted on by the Commission.
MOTION to defer acceptance of application for 13 Fox Hollow Road (M55 /L 61-9) construction and placement of a wooden bridge over unnamed stream until complete with site plan per IWWC regulations; MADE by K. Gallagher; SECONDED by W. Pollock; VOTED IN FAVOR: P. Smith, C. Sohl, C. Wehrly, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
B. Violation – 11 Beaver Dam Trail (M50 / L61-9) Unauthorized activity including the removal of vegetation, stockpiling of cordwood and placement of structures in URA.
S. Prisloe reported that a large wetland off of Beaver Dam Trail and Kitteridge Hill Road, referred to as Cedar Swamp”, had a rising water level and it was assumed that the cause was a beaver dam. Upon inspection it appeared that the cause was actually downed trees. During this investigation S. Prisloe noted the removal of vegetation, stockpiling of cordwood and placement of structures in the Upland Review Area on the Livernoche property. It was not clear if the trees were fallen as a result of the recent storms or if they were cut down. A notice of violation was issued to the property owners, Joseph and Diane Livernoche, for unauthorized activity in the Upland Review Area within 100’ of an inland wetland or watercourse. S. Prisloe
said he tried to visit the property on the morning of 12/15/11. Although full site access was not possible it appeared that some mitigation had begun, but he was not able to do a full assessment because there was no one home to give him access to the property.
Atty. Robert Chase was present with the homeowners and spoke on their behalf. He said that the owners want to comply with any regulations. P. Smith asked him if S. Prisloe could have permission from the owners to access the property. R. Chase said that would be possible if he were to call first. P. Smith stated concerns that motorized vehicles might have been used in the URA to move the cordwood, which could cause erosion. B. McKeown would like to have S. Prisloe inspect the property again to see if he can handle the violation administratively or if the full Commission should be involved. The Commission agreed that this would be the best course of action and advised the owners not to do anything else on the property until S. Prisloe evaluates it.
V. REGULAR BUSINESS
- S. Prisloe reported that he spoke with Knight Merritt again regarding the drainage problem on Old Post Road. He will follow up with a meeting of concerned parties. He noted that he reviewed information from abutting properties and located material on past concerns by Town staff, as well as drawings of properties along Meadow Lane showing a 10’ drainage easement at the rear of their properties, which abut K. Knight’s property.
- P. Smith said that he would be absent from the Commission meetings during January and February of 2012. C. Sohl will run the meetings, assuming there are no changes in officers. All Commissioners interested in being considered for any officer position should notify C. Sohl. Nominations will also be accepted at the January meeting. There are currently no representatives from the Planning Commission, Economic Development Commission and the two alternate positions.
- W. Pollock said he would also be absent for the month of January.
- Representative & Subcommittee Reports – None.
- Correspondence
Notice was received by Sarah Becker, Town Clerk, from The Town of Westbrook stating that work was to be done by Lee Company within 500’ of the Town line.
D. Approval of Minutes – November 17, 2011
MOTION to approve the minutes of November 17, 2011 as presented; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, C. Sohl, K. Gallagher, C. Wehrly, W. Pollock; OPPOSED: none; ABSTAINED: B. McKeown.; APPROVED: 5-0-1.
MOTION to adjourn the meeting at 9:15 p.m. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, January 19, 2012, 7:30 p.m., in the 1st Floor Conference Room, Town Hall, 302 Main Street; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, B. McKeown, C. Wehrly, C. Sohl, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
Respectfully submitted,
Susan Graham
| 
