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Inland Wetlands & Watercourses Commission Minutes 03/21/2013
MINUTES
REGULAR MEETING
Thursday, March 21, 2013 at 7:00 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street

I.        CALL TO ORDER


The Chairman, Paul Smith, called the regular meeting to order at 7:00 p.m.

II.     ROLL CALL

Members Present 
Paul Smith, Chairman
Janis Esty
Judith Preston
Charles Wehrly
William Pollock, Secretary
Janice Holland

Members Absent
Brendan McKeown
Kimberley Gallagher

Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Meryl Tsagronis, Recording Clerk


III.    OLD BUSINESS
           
A.        13-001 “Dolan” Regulated Activity for Residential Construction
        100 Chalker Beach Road (Map 18 / Lot 87)
        Applicant: New England Retail Properties, Inc.; Agent: James Cassidy, PE


Joseph Wren, PE with Indigo Land Design, LLC of Old Saybrook, CT, represented the Applicant. Also in attendance were the owners, Robert and Patricia Dolan, and Seamus Moran of Indigo Land Design.

Mr. Wren informed the Commission that the neighboring property owners, Mr. and Mrs. Sonn, were notified of the revised plan along the common property line, particularly as it pertains to installation of a drainage swale that extends partially into the Sonn property. The Sonns provided a notarized letter of consent dated March 8, 2013. J. Wren informed the Commission that a surveyor was sent back to Sonn’s property for further review and looked at ponding issues.

The Sonn’s requested that a privet hedge be removed and replaced with a non intrusive 4’ high picket fence, on the Dolan’s side of the property. J. Wren noted that per the Commission’s request they have changed the shrubs from winterberry to bayberry, and added two shrubs at the terminus of the swale. He also noted that the town engineer, Geoffrey Jacobson, P.E. had reviewed the revised plan and additional survey information and was satisfied with the changes. G. Jacobson sent an email to town staff which J. Wren submitted into the record. Since they removed the landscaped block wall and replaced it with a swale,  J. Wren informed the Commission that he had resubmitted the plan to the Health District and received approval from them. He noted that they were able to reduce the footprint of the septic mound thereby slightly reducing the amount of filled wetlands down to 67 sq. ft.
        
J. Wren answered questions from the Commissioners. He clarified elevation levels along the property line. Charles Wehrly asked what the owners proposed to do about planting along the eastern side of the property. J. Wren conferred with owner Robert Dolan, who stated they do not maintain that area now and will let it grow naturally. J. Wren clarified drainage of water from the roof, described the nature of the soil, noting there is little potential for undergound infiltration. C. Wehrly expressed concern about the mounded septic system, noting that the minimum separation distance is being met, but for the overall long term health and proximity to the wetlands, it would be beneficial to the homeowners to remove less desirable fill and replace it with better quality fill. J. Wren stated that that is essentially what an installer would do, likely removing about a foot and a half of fill and debris, and that beyond that depth would be ground water.

P. Smith asked if J. Wren was contracted to provide oversight. Mr. Dolan stated that he plans to retain J. Wren and Indigo Land Design for the purpose of overseeing work on the septic.

Judith Preston clarified the type of tree to be planted, and suggested J. Wren check with New England Wetlands Plants, to be sure it is indigenous.

P. Smith asked for clarification about removal of the existing shed floor and wood ramp at southern end of property, and asked that during removal there needs to be protection of what’s left of the wetlands. He asked to either realign the existing silt fence or put in a second temporary silt fence. J. Wren agreed that a silt fence will be installed to protect that area.

P. Smith stated he was pleased that the Agent had reached out to the Sonns and expressed that the swale would seem to provide a better long term solution than the proposed wall. P. Smith closed the public hearing and a motion was made to approve the application


MOTION to approve Application #13-001 “Dolan” Regulated Activity for Residential Construction, 100 Chalker Beach Road (Map 18 / Lot 87); Applicant: Robert & Patricia Dolan; Agent: Joseph Wren, PE; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: P. Smith, C. Wehrly, J. Esty, K. Gallagher, J. Preston, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.


VI.             REGULAR BUSINESS

A.      Minutes – February 21, 2013

MOTION to accept the regular meeting of February 21, 2013 minutes amended to include presence of Janis Holland; MADE by J. Preston; SECONDED by C. Wehrly; VOTED IN FAVOR: J. Esty, P. Smith, J. Preston, W. Pollock, C. Wehrly, J. Holland; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.

B.     Correspondence

P. Smith talked about some highlights from “The Habitat” newsletter.
J. Preston reported about a Lawn Care certificate course offered at Manchester and Three Rivers Community Colleges, explaining it is an effort to provide a condensed version of organic land management.

C.      Committee, Representative  & Staff Reports

Sandy Prisloe reported that he received a complaint from resident Laurie Grieder of 6 Harvey Drive that debris and trash from West Marine blows into the wetlands to the west. He distributed a photograph to staff. He will ask if the area can be policed, and also noted that some of the newly planted vegetation appears to be stressed.
S. Prisloe informed the Commission that two administrative permits were issued, 1) to the owners at 7 Kitteridge Hill to install a hot tub, and 2) to owners at 96 Ayers Point Road to replace a 8’x10’ storage shed. He told the Commission about a conversation he had with P. Smith regarding a phone call from a company that will be removing an underground storage tank at the old Meineke property on corner of Lynde and Route 1, which will be handled through an administrative permit.

S. Prisloe informed the Commission about a conversation he had with Darcey Winthers, Director of State Inland Wetlands Division, reminding the Commission that when a permit gets issued it is for a regulated activity, and that as soon as the activity is completed the permit ends; he advised the Commission that conditions cannot be placed on a permit that are beyond the regulated activity. P. Smith responded that it has been his position to try to get applicant to agree with what is in best interest of the wetlands or watercourse.

S. Prisloe noted that there have been changes in legislation that require that inland wetlands permits must be the same time period as zoning permits.


V.    ADJOURNMENT

MOTION to adjourn the meeting at 7:55 P.M. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for Thursday, April 18, 2013, Town Hall, 302 Main Street, 1st Floor Conference Room; MADE by J. Preston; SECONDED by J. Holland; VOTED IN FAVOR: J. Esty, P. Smith, J. Preston, W. Pollock, C. Wehrly, J. Holland; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
        


Respectfully submitted,


Meryl Tsagronis