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Inlands Wetlands Commission Minutes 06/25/2013

MINUTES
REGULAR MEETING
INLAND WETLANDS AND WATERCOURSES COMMISSION
TUESDAY, JUNE 25, 2013


PRESENT WERE:  Skip DiCamillo, Evan Griswold, Stanley Kolber, and Christian Tompkins.   

MINUTES

MINUTES OF REGULAR MEETING DATED MAY 28, 2013

Evan Griswold made a motion to approve the minutes as submitted.  Christian Tompkins seconded the motion.  The motion passed unanimously.

MINUTES OF SITE WALK MEETING DATED JUNE 19, 2013

Stanley Kolber made a motion to approve the minutes as submitted.  Evan Griswold seconded the motion.  The motion passed.  

NEW BUSINESS

13-17 Robert & Toni Judge – 27 & 31 Rogers Lake Trail – Demo remaining portion of concrete wall and install new vinyl sheetpile wall.

Michael Harkin, P.E. submitted a letter to the commission stating he would not be able to attend tonight’s meeting due to a prior commitment.   The commission set a site walk for Wednesday, July 10, 2013 at 5:45 p.m.

13-18 Kevin & Elizabeth Penfield – 33 Rogers Lake Trail – Alteration to kitchen –fill in with wall over existing framed wood door.

Kathy Penfield presented the proposed application.   She distributed photographs of the proposal for the commission to review as well as a site plan of the property.   Mrs. Penfield explained the proposal is to fill in a 32 sq. ft. area over an existing wood floor and concrete foundation.  She noted it is a kitchen alteration.  She further stated that no digging would be required.  

Brown asked the commission if they wanted to require a permit for this activity.  Kolber asked if the activity was within the regulated area.  Brown stated it is a lake front home but the work to be completed is on the road side.  Griswold stated he did not see any impact.  DiCamillo suggested an administrative permit.   Brown stated the applicant is within the regulated area but she is not touching the dirt.  Kolber asked if it was a regulated activity at all.  Brown stated

there was no grading or disturbance.  Brown stated the commission could decide not to issue a permit which would save the applicant quite a lot of money and time.   Brown read from the regulations what a regulated activity is.   Kolber stated he felt it should be treated as a regulated activity but will not have a substantial impact which will avoid any precedence being set down the road.

Brown stated if the commission issues a permit then the applicant pays a fee.  If the commission decides not to issue a permit and determines it is a permitted by right use no fee will be required.  Brown also read into the record from the regulations the incidental uses.  Brown stated the commission can decide it is not a regulated activity or it is a regulated activity and require either an administrative permit or the commission can issue a permit at next month’s meeting.  Griswold once again stated it was a minimum impact.   DiCamillo stated he would do it by right because there is no disturbance.  

Kolber asked the applicant if she felt the fee was oppressive.  The applicant responded she did not.  Kolber suggested the commission treat this as an application.  Kolber expressed concern about the commission treating something as a non-regulated activity.

Stanley Kolber made a motion to approve the application as an administrative permit.  Evan Griswold seconded the motion.   The motion failed 3 to 1.  In favor: Kolber    Against:  Griswold, DiCamillo, and Tompkins.

Christian Tompkins made a motion approve the application as a non-regulated activity.  Evan Griswold seconded the motion.  The motion passed.  3 to 1.  In favor:  Tompkins, Griswold and DiCamillo.  Against:  Kolber

13-13 Luis & Alicia Castanho – 52 Gorton Avenue – Tear down existing single family dwelling and rebuild including septic system within the regulated area.

Geri Deveaux, Deveaux Architects was present on behalf of the Castanho’s.  She noted the proposed work was presented at the last meeting and the commission also walked the site.  DiCamillo asked if any changes had been made to the plan since the last meeting.  Deveaux indicated no changes had been made.  Brown noted the property was located in the flood zone and therefore the house will be elevated.  She noted part of the house will have a solid foundation with flood events but on the back the deck and sun porch will be on piers.  

Griswold asked since the property is in a flood zone the current house is also on shorter piers and water can flow under that and this proposal will also be raised on piers so there will be no change as to how the water can spread out.  He further stated his concern is the displacement of the water by the septic system.  He noted with a mounded septic system it will mean that


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June 25, 2013

the water won’t spread out and will go someplace else.   She noted they tried to position the septic so at least the drainage will have room to swale around and not flow directly onto the
neighbor.   Brown stated the flood zone regulations require that a provision is made for that.  She stated she does not know how this property fits into that regulation but between the town’s engineer and the applicant’s engineer that will be determined and if they have to provide compensatory storage in some way they will have to come back before the commission.  DiCamillo asked what type of plantings would be along the brook.  Deveaux stated they would clear a minimal amount and leave the rest as it is today.  Brown asked if there is any clearing proposed in the areas that are not shown.  Deveaux stated she felt the applicants would clean it up a bit.  Brown asked her to define “clean it up”.  Deveaux stated to prune it back a few feet.  DiCamillo asked if the debris would be cleared.  Deveaux stated she would verify with the applicant.  Brown stated that is something the commission needs to know and be put on the plan as to what is exactly proposed for the area.  

Evan Griswold made a motion to approve the application with a  no disturb 15 ft. buffer except for a 10 ft. butter on the north side be maintained from the edge of the wetland .  Christian Tompkins seconded the motion.  The motion passed unanimously.  


13-14 – GREG FAUCHER – 97 SILL LANE – CONSTRUCTION OF A NEW 3 BEDROOM HOME WITH ATTACHED GARAGE AND ASSOCIATED IMPROVEMENTS INCLUDING DRIVEWAY/SEPTIC SYSTEM AND WELL.

Joe Wren, Professional Engineer was present on behalf of the applicant Greg Faucher.   Wren noted the commission accepted the application last month and also visited the site.  He noted all the proposed improvements were staked out in the field.   He stated the commission also looked at the boulders.  He noted Richard Snarski was present at the site walk at which time he discussed the removal plan and the buffer replanting plan including the removal of the invasive species.  He noted that Richard Snarski stated in the field that seeing the density of the knot weed the first 100 feet from Sill Lane back there is so much that he recommended scratching the ground with a backhoe rather than cutting down and using the normal procedure.  Therefore he noted this is a change to the plan so it has been revised to reflect that verbiage.  
He also noted there was some minor changes to the grading as a result of the flood zone and Mill Brook to be sure that the datum and topography from a 10 year old survey map matches the elevation datum from the FEMA map because there have been changes.  Wren presented the commission with an enlarged copy of the FEMA Map.  He noted the proposed improvements which include the house, driveway and shed.  He noted he also super imposed Sill Lane and Mill Brook on the map along with the two foot bridges.  He further noted that the foot bridges are impediments to the flow and noted as part of the application it is proposed to remove both of the foot bridges so it will no longer impact the flow thereby significantly
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improving the channel of flood flow capability.  Wren stated the footbridges are 6’ wide and are affixed to the banks of the river.   He noted the driveway will be raised up a bit and the fill around the house itself and with the elimination of the boulders and footbridges and the cleaning of the very heavily vegetated stream buffer that is there now will help the bank flow in a flood type situation.  

DiCamillo asked Wren to point out on the plan the silt fence location.  Wren demonstrated the location on the plan.  Wren also noted that the silt fence will remain in place until all the construction is completed and the replanting is done.  Wren stated the driveway is proposed to be crushed stone and basically in the same location.   DiCamillo asked if any paving was proposed.  Wren noted only at the beginning there will be a driveway apron as required by the Town.  

Brown asked if the boulders would be removed from the site entirely.  Faucher stated they would be removed unless there was an aesthetic use for them in a garden, walls or landscaping. Wren stated if any remain on the site they will be placed outside of the flood zone.  Brown asked how they would be removed.  Wren stated they seem small enough to be removed by hand but due to the quantity they will be using a back hoe machine which would be more efficient.  DiCamillo asked if the large stones would be removed as well.  Wren stated they would be removed with the machinery as well.  

Wren noted that the replanting plan designed by Richard Snarski includes 38 wetland plants as well as some trees.  DiCamillo asked when the plants would be installed.   Faucher stated he was open to suggestions from the commission.  Wren stated in the construction sequence it is later on but it could be changed.    Faucher stated he would like to remove the invasive first.  DiCamillo asked if there would be erosion issues with that.  Wren stated the silt fence would be installed first to protect the area.  

Kolber asked what the purpose was for the removal of the boulders.  Wren stated when the applicant viewed the property and noted they were out of place and not native to the site he stated he would like to remove them and it would also benefit the flood plain.  

Griswold asked what part of the property was in the flood zone.  Wren stated the property is in a flood plain.   Griswold stated one of the functions of a flood plain is to allow the brook to move around and there is a brook meandering through the site and in the area of the highest velocity of water he wondered if the brook might want to move and whether it is a suitable place to building a house.  Wren stated it is a building lot and he cannot speculate what will happen in 10 years.  He noted in 1982 the channel was probably shaped and it has not changed much since.  He noted on the shoreline people loose and gain property all the time as well as parcels located on the Connecticut River. Wren also noted that the crawl space will have flood vents allowing water to pass through.  

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Brown introduced a neighbor to the commission and noted that this was not a public hearing but the commission could decide if they would like to hear the information she would like to present.  DiCamillo stated he would like to accept the information.

Kathie McGinty of 98 Sill Lane distributed photographs of the surrounding area after a heavy rain in 2010 of her property which is located on the other side not in a flood plain.  Faucher noted that this property is north of the proposed application.  Ken Thomas stated he lives on the property under discussion.  DiCamillo stated he lives on Sill Lane and has never seen Mr. Thomas at the location.  Brown stated the intent was just to show what the brook does at different times.  The commission reviewed the photographs and thanked her for sharing the information.  

DiCamillo asked if this was a place where a home should be placed.  It is a location that will support a home and a family and what kind of damage would occur during a water event.  Brown stated it is probably not this commission’s concern.  Wetlands impact is the concern.  

Faucher asked Mr. DiCamillo if there was a conflict because he lived on Sill Lane and would not like to see a house built in this location.  DiCamillo stated he did not have a conflict.

Kolber stated he feels a presentation has been made that reflects as much care as can be given to provide no adverse impact.

Discussion ensued between the commission and Mr. Faucher as to the best method and time to remove the invasive.  

Stanley Kolber made a motion to approve the plan revised through 6/25/ 2013 as a result of the site walk comments and to authorize Ann Brown to oversee the sequencing of the removal  of invasive on the site and the method of the removal.   Christian Tompkins seconded the motion. The motion passed unanimously.  

13-15 RONALD RICHARDELL – 8 SHORT HILLS ROAD – RELOCATE DRIVEWAY

Ellen Richardell was present to discuss the proposal.   Skip DiCamillo stated that some of the members visited the site.  Griswold stated there is a stonewall and vegetation that has been cleared.  He noted the long driveway will be replaced with a short driveway.  Richardell noted that had received two estimates to do the work.  Griswold noted there will be some excavating on the site.  He further stated he did not see much impact.  Richardell also noted the driveway surface would be crushed process stone.  Richardell noted that the materials removed from the excavator would be used on the driveway that will be abandoned to reseed the area.


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Griswold made a motion to approve the application with the condition that the topsoil be used to renovate and restore the old driveway.  Kolber seconded the motion.  The motion passed unanimously.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

Respectfully submitted,


Kim Groves
Land Use Administrator











860 434-1605 ext 237