MINUTES
INLAND WETLANDS AND WATERCOURSES COMMISSION
TUESDAY, MARCH 25, 2014
PRESENT WERE: Skip DiCamillo, Evan Griswold, Janet Bechtel, Stanley Kolber, Christian Tompkins, Mike Moran, Tim Rollins and Dave McCulloch.
MINUTES
MINUTES OF REGULAR MEETING DATED FEBRUARY 25, 2014
Evan Griswold made a motion to approve the February 25, 2014 minutes as submitted. Christian Tompkins seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED MARCH 15, 2014
Stanley Kolber made a motion to approved the March 15, 2014 Site Walk Meeting Minutes as submitted. Dave McCulloch seconded the motion. The motion passed unanimously.
NEW BUSINESS
14-4 KENNETH STONE – 17 SILL LANE – COMPLETE REQUIREMENTS OF PERMIT 11-20 AND TO REMOVE HAZARDOUS DEAD TREES AND LIMBS. (TO INCLUDE SEEDING, PLANTING SHRUBS, AND REMOVING TRASH).
Bechtel stated that she and DiCamillo visited the site at the time the commission was determining what work had been done. Mr. Stone indicated he had additional trees that were dead that he would like to take down. In addition Bechtel stated that Mr. Stone was completing the permit requirements that originally ran with the house when it was built by Galco, LLC. She noted they also discussed waiving the fee for this application because some of the work was part of the original approval that was never completed. Brown stated the commission has a provision to modify an existing permit which has a cost of $25.00. Brown also noted that any decision the commission renders on this application will have to be advertised and there will be costs associated with that publication in the newspaper.
Bechtel also noted at the time they visited the site they asked Mr. Stone to flag the trees he would like to take down. The commission agreed to set a Site Walk for Saturday, March 29, 2014 at 8:30 a.m.
14-5 DONNA SZYMCZYK – 14 SUNSET DRIVE – ERECT A 21 X 21 CARPORT
Donna Szymczyk was present to discuss her application with the commission. She stated she lives on a small lot and would like to protect her car from the snow; therefore her proposal is to erect a carport at the end of her driveway. Szymczyk noted there is presently gravel from the edge of Mill Brook to
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approximately 20’ up and from there it is paved to the road edge. The commission reviewed her plan of the site. The commission also requested the carport location be staked prior to the site walk.
The commissions agreed to set a site walk on Saturday, March 29th, 2014 at 9:00 a.m.
14-6 BETSY P. GRANT – 9 LAKE DRIVE – CONSTRUCTION OF 2 CAR GARAGE
Joe Wren, Professional Engineer, Indigo Land Design was present to discuss the application on behalf of the applicants. Wren reviewed the site plan with the commission. He noted the location of the garage will also need approval from the Zoning Board of Appeals. Wren stated the entire property is within the 100’ review area. The proposed location for the garage is as far from the lake as possible. He noted the proposed structure is 24’ wide and 26’ long. Wren pointed out both the silt fence and stockpile locations on the plan. He noted it is currently a crushed stone driveway that will be extended to the garage. Griswold asked if there were any plans to pave the driveway in the future. Wren stated the driveway will remain gravel. DiCamillo asked the location of
the garage be staked prior to the walk.
The commission agreed to set a site walk on Saturday, March 29th, 2014 at 9:15 a.m.
14-7 MICHAEL & L0RI KOLAR – 3 WINDWARD LANE – WETLANDS VIOLATION
DiCamillo stated there was a wetlands violation reported to the Land Use office by Ed Adanti, Director of Public Works. Dave McCulloch visited the site and reported back to staff. At that time Kim Groves called as well as emailed the property owners asking them to stop any further work on the site until they came before the commission. When Dave McCulloch had visited the site the heavy equipment had already crossed the wetlands to reach the area to do the tree removal.
Angela Cole (Contractor – Seaview Homes) was present at the meeting to discuss the activity at the site. She noted the owners were not present at the meeting but noted for the record she was acting on behalf of the owners, Michael & Lori Kolar with their permission. Cole noted they had contracted with the owners of the property to install a new roof. She stated the property owners also had a tree that had partially fallen on the roof. She further stated one of the men on their crew for Seaview Homes was an arborist and agreed to remove the tree from the roof as well as two additional trees on the property. Cole noted due to the topography of the slope he crossed the wetlands with heavy equipment (bob-cat and trailer) without checking to see if he was crossing wetlands.
She stated presently the tree has been removed from the roof and one additional tree (that was already down and dead) has been taken down including stump removal. She noted there is still one tree to be removed but all work has been stopped until tonight’s meeting. She said the issue now is the heavy equipment that is on the property still has to be removed from the site.
Brown indicated she visited the site as well and submitted photographs for the commission to review as well as a site plan that delineates the wetlands line. Brown stated they drove right through the wetlands and up the hill. She noted the area is quite dry at the moment but the surface is disturbed. Brown stated the house is up on a hill and the wetlands are down low. Brown also noted the trees are not in the wetlands it is the access to the trees being removed. Brown suggested wood chips be put down to help hold the surface. McCulloch stated there were big ruts in the area next to the road.
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Brown stated she thought the machinery would probably need to come out close to the way it entered the property. Moran thought it would be better to move it out now before the heavy rains come.
The commissions agreed to set a site walk for Saturday, March 29th, 2014 at 9:45.
Bechtel asked if would make sense to allow the applicant to take down the one remaining tree that threatens the house and get the equipment out and then meet with the contractor on Saturday to discuss remediation. Griswold stated the ground is still partially frozen.
Kolber stated the application that has been submitted is 2 pages and does not describe the work to be done at the site. Kolber stated since the application is silent he is not sure, based on the application, exactly what the commission is committing too. Kolber stated once the remaining tree is down and the equipment is removed he was unclear what remediation is attaching too. He also expressed concern the owner is not present.
McCulloch suggested the application be amended tonight to describe the proposed work. Cole stated she would be willing to amend the application to include the removal of one additional tree and the trailer and bob-cat be removed and wood chips be placed to stabilize the site. DiCamillo stated he wanted to evaluate the site prior to suggesting remediation plans.
Kolber suggested the application be amended to include the removal of one tree and remove existing equipment presently on the property and that removal be done in the least disruptive and harmful way to the wetland. Kolber stated these items are conditioned on the understanding that there will be further discussion on the type of remediation to the site at another meeting. Cole agreed with the conditions outlined by the commission and the application has been amended.
Stanley Kolber made a motion to permit the removal of one tree and the removal of the equipment immediately. The commission will walk the site on Saturday, March 29th, 2014 and discussed the remediation to be done at their next meeting. Janet Bechtel seconded the motion. The motion passed unanimously.
OLD BUSINESS
14-3 ROBERT K. JANES, JR. AND JENELL SMITH JANES – 60 GRASSY HILL ROAD – REMOVE EXISTING DWELLING AND BUILD A NEW 3 BEDROOM AND 2 CAR GARAGE
DiCamillo noted the commission visited the site. Tony Hendriks was present with Mr. and Mrs. Janes to discuss the application with the commission. He noted the house was built in the 1800’s and currently has a substandard leaching system located on Rogers Lake. The Janes are using some of the construction materials from the house to construct a new house. The wetlands have been flagged on the site and noted 99 percent of the property is within the 100’ review zone. He stated all of the proposed activity for the site would bring the property into compliance with the Public Health Code. He noted at the site walk there was discussion about the existing shed structure in the back. He stated Mr. Janes submitted a summary of the scope of work for that structure which would
include lifting the building off the ground. DiCamillo asked what the structure would be put on after it was lifted. Mr. Janes stated it would be placed on cinder blocks.
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Mr. Hendriks reviewed the areas shown on the plan for the proposed construction activity. He stated from the existing house to the lake is a mixture of grasses and moss with some areas mowed and some areas left wild. Hendriks pointed out both the stockpile and silt fencing locations on the plan.
Bechtel expressed concern about the driveway access over the septic system. Hendriks stated that it is designed for heavy duty loading. Bechtel also clarified that Nina Peck is the architect for the site.
The commission discussed the areas highlighted by Mr. Hendriks labelled as existing lawn as well as the area to be maintained in its existing state. Kolber expressed concern about items described such as construction methods. Bechtel stated some of the construction items discussed are curiosity and do not fall under this commission’s jurisdiction. It was also noted the plan is part of the approval.
Griswold stated that during the site walk the commission discussed a 25 foot no mow buffer along the lake. There was discussion among the commission and the applicant as to the specifics involved in the 25’ buffer. Hendriks stated most of the vegetation is currently not mowed and has been left in its current state. The commission asked for a delineated 25’ buffer on the plan at the meeting with a revision date of March 25th, 2014. Hendriks agreed to have a note added to the plan to reflect that this 25’ buffer area is to be mown only twice a year. An access area to the dock, 4’ wide, can be maintained more frequently for ease of access.
Janet Bechtel made a motion to approve the application with tonight’s revisions shown on the plan. Christian Tompkins seconded the motion. The motion passed unanimously.
14-1 GRAYBILL PROPERTIES – JAMES GRAYBILL – 151 BOSTON POST ROAD – RELOCATION OF EXISTING COMMERCIAL USE TO A NEW BUILDING LOCATED ON SAME PREMISES.
ADMINISTRATIVE AND CORRESPONDENCE ITEMS
A public hearing will be held on this application on April 22, 2014.
ADMINISTRATIVE & CORRESPONDENCE ITEMS
Chairman DiCamillo reviewed several items with the commission.
- Earth Day on April 22, 2014
- Better Road-Stream Crossings
- Wetlands Training on Monday, March 31 & April 7th.
- Letter from Attorney Cassella discussing handling of complaints and enforcements.
The meeting adjourned.
Respectfully submitted,
Kim Groves
Land Use Administrator
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