MEMBERS PRESENT: Chairperson Warren, William Grace, Barbara Kelly, Richard Muller, and Jack Phillips
STAFF PRESENT: Jeff H. Folger, Environmental Planner/Conservation Officer
Debbie Reid, Recording Secretary
The public hearing was called to order at 7:15 p.m.
ITEM: Public Hearing
Appl. #05-27W – Beechwood Farms, Lot #28
Attorney Ralph Alexander came before the Commission to represent this application. Attorney Alexander read into the record an outline of historical events that have happened with this site, (Attachment A). Attorney Alexander stated this is a unique situation and the Commission would probably never see this type of situation before them again.
Mr. Joe LaCava of LaCava Construction came before the Commission to address the design of the house. He explained that he had worked with the Architect to design this house so it would fit into the neighborhood, as well as address neighbors privacy. Windows will only be on the front and rear of the home.
Attorney Peter Alter came before the Commission. He explained that this lot is in an A-20 zone. The total area is 15,391 square feet. The requirements for this lot are 40 foot front yard, 10 foot side yards and 30 foot rear yard. The property was delineated several times but the delineations were confirmed by Registered Professional Soil Scientist Michael F. Gragnolati. There will be no wetland impacts associated with development of this site. The total upland review area disturbance associated with this project is 6,770 square feet.
Mr. Kevin Johnson a Landscape Architect with Close, Jensen and Miller came before the Commission. He explained that a 2 to 1 slope is being utilized around the house to limit the extent of fill and impacts. There are no disturbances to the 100 year flood plain. Mr. Johnson reviewed the different numbers associated with this project:
Total lot area: 15,391 square feet
Total wetland area: 3,869 square feet
Total wetland area disturbance: 0 square feet
Total upland review area: 8,928 square feet
Total upland review area being disturbed: 6,770 square feet
Total stream buffer area: 1,008 square feet
Total stream buffer area disturbance: 4,910 square feet
Erosion control measures being implemented on this site are as follows:
· At the toe of the slope and around the perimeter of all disturbed areas there will be silt fencing and a row of hay bales.
· 2 to 1 slopes around the rear of the house.
· On the side of the house there will be a strong coconut erosion blanket staples to the ground after final grades are established and seeded top soil. This will prevent sediments going into the wetlands.
· Anti-track pads at the construction entrance.
· The catch basins in the street will have filter fabric silt barriers provided.
· Rain gardens on site.
Mr. Johnson explained the seed mixtures and planting proposed for this site. He then reviewed the construction sequence and expectations of the contractor as shown on the plans. The northerly edge of the property will be supplemented with plantings and will benefit wildlife.
Attorney Alter stated that the applicant has offered to extend the existing conservation easement. There will be a natural buffer which will clearly show the delineation of the area from conservation easement to the homeowner. Attorney Alter reviewed the alternatives that had been discussed prior to this final plan. There will be no long term impacts to this area and it is felt that the integrity of the wetland corridor has been preserved.
Answering questions from the Commission, Attorney Alter explained that it was concluded that there would be no environmental impact to the wetland based on there are no wetlands disturbance on this lot and based on the plans submitted by Close, Jensen and Miller. There is not a written environmental statement available presently, but could be provided. There is an existing easement which is being proposed to be expanded. The conservation easement will be deeded to the Town and will have a planted edge which will create a clear barrier to show the area available to the homeowner. LaCava Construction informs anyone who purchases a home from them and abuts a conservation easement. The 2 to 1 slope will have a permanent coconut blanket applied to it. Over a period of time the blanket will decompose but it is
the coconut fibers that have more longevity than the straw. Dewatering will be established on the site.
Commissioner Muller stated that in the minutes of November, 1986, it excludes lot 11, 12 and 28 as buildable lots. Attorney Alter felt that if these were not buildable lots when the conservation easement was established it would seem that these lots would have been encumbered for the conservation easement. Mr. LaCava would have expanded the lots and made larger homes if these lots were considered unbuildable. Taxes have been paid on these lots for twenty years and when lots were formed, utilities were brought to this lot.
Chairperson Warren recalled that the Commission felt strongly that these lots were not buildable. They felt the lots were too close to the wetlands.
Commissioner Phillips stated the condition that was placed on these lots in 1986 was that a modified plan must be submitted excluding lots 11, 12 and 28 as buildable lots. Mr. LaCava explained that the notation that came back from the Commission and staff that went on the map does not mean the same thing. Commissioner Phillips responded that the permit is the approval letter. Attorney Alter intervened explaining that these applications are before the Commission tonight so that the Commission can make a decision on a wetlands permit.
After a lengthy discussion, it was decided that the Town Attorney’s opinion would be necessary to determine if these lots when approved as part of this subdivision were considered buildable.
Motion to: continue the public hearing on appl. #05-27W Beechwood Farms Lot #28, pending advice from the Town Attorney.
Was made by Commissioner Grace
Seconded by Commissioner Kelly
There was discussion about amending the motion to hear any public speak prior to the closing of the public hearing.
Motion to: continue the public hearing on appl. #05-27W – Beechwood Farms Lot #28 pending advice from the Town Attorney following public discussion.
Was made by Commissioner Grace
Seconded by Commissioner Kelly
The motion: carried
The vote was as follows: unanimous
Public
Mr. Stewart Hay of 70 Beechwood Lane came before the Commission to speak in opposition to this application. He explained that he is concerned about the suitability of the soils and runoff of fertilizers, oils, etc. into the wetlands. Mr. Hay also felt that the house lot will have an effect on the wetlands.
Mark & Jeanne Allard of 433 Quarry Brook Drive came before the Commission to speak in opposition to this application. They stated that the ground water table is very high in this area and the stream banks have significant erosion. Runoff from the lots will add to runoff already happening in their yard. Mr. Allard explained that the planting in their rear yard acts as a buffer and he would like that to remain.
Mr. Ken Mamak of 411 Quarry Brook Drive came before the Commission. He stated that the house Is proposed too close to the wetlands and he feels that the land is too soft to build (Attachment B).
Mr. Paul Ferri, 7 Woodhaven Circle came before the Commission. He explained that his house is graded 3’ above the proposed construction. Ground water at his house is very high and feels that it is not a responsible area to build and will impact the area negatively.
Mr. Mark Glass of 406 Quarry Brook Drive came before the Commission. He explained that he was told these lots would never be built on.
Mark & Jeanne Allard stated that they were also told these lots could not be built on.
Appl. #05-28W – Beechwood Farms Lot #12
Motion to: continue the public hearing pending advice from the Town Attorney on appl. #05-28W – Beechwood Farms Lot #12 – Quarry Brook Drive – IWA/CC application for a single-family house, grading, utilities, and associated improvements on property located south of Quarry Brook Drive, A-20 Residential zone.
Was made by Commissioner Grace
Seconded by Commissioner Kelly
The motion: carried
The vote was as follows: unanimous
Appl. #05-29W – Beechwood Farms Lot #11
Motion to: continue the public hearing pending advice from the Town attorney on appl. #05-29W – Beechwood Farms Lot #11 – Quarry Brook Drive – IWA/CC application for a single-family house, grading, utilities, and associated improvements on property located south of Quarry Brook Drive. A-20 Residential zone.
Was made by Commissioner Grace
Seconded by Commissioner Kelly
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Eagle Scout project – Jurisdictional ruling
Mr. Jeff Howell an Eagle Scout with Troop 62 came before the Commission to explain the stream bank stabilization of a portion of the Podunk River within Wapping Park that he is proposing. He stated that he would be taking a portion of the Podunk River and restoring the stream bank by placing coconut fiber logs against the bank to stop erosion problems.
Answering questions from the Commission, Mr. Howell explained that he will be stabilizing 58 feet of the stream bank. The project will begin on August 13, 2005 and will be complete as soon as possible.
Jeff Folger felt that this project would create a net benefit when complete. There will be a reduction in velocity and the steam bank will be protected.
Motion: Jurisdictional ruling: the steam bank stabilization proposed Jeff Howell Troop 52 on a portion of the Podunk River within the Wapping Park adjacent to Clark Street is a non-regulate use pursuant to section 4.2A of the IWA/CC regulations.
Was made by Commissioner Phillips
Seconded by Commissioner Kelly
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 9:50 p.m.
Was made by Commissioner Grace
Seconded by Commissioner Phillips
The motion: carried
The vote was as follows: unanimous
Respectfully submitted
_________________________________
Debbie Reid, Recording Secretary
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