Skip Navigation
This table is used for column layout.
 
1.25.10 Conservation Commission Minutes
Minutes of the Conservation Commission January 25, 2010


Present: Chair Brian Marques, Vice Chair Neil Kelly, Commissioners Steven Turner, Marla Isaac, Ernest Enos, and Renwick Chapman.  Absent: Commissioner Debra Botellio.


Motion to approve the minutes of December 21, 2009, RC, second MI, so voted.

Motion to approve the minutes of January 22, 2010, NK, second MI, ST present, so voted.


Certificate of Compliance
  • 1050 S. Precinct Street, Robidoux, (COC), SE73-2203  A field report was read stating that this project was for the construction of a single family home but was never constructed.  MR recommends that the TCC issue a COC for this project to close out the file.  Motion to approve, NK, second ST, so voted.
  • 865 Rocky Woods Street, Noel, (COC), SE73-1918  A field report was read stating that this project was for a septic system repair.  All work has been completed in significant compliance to the Order of Conditions.  All lawn areas are stable.  There is no indication of siltation into the adjacent wetlands.  MR recommends that the TCC issue a COC for this project.  Motion to approve, ST, second RC, so voted.
  • Libby Lane, Nadeau, (COC), SE73-2216  A field report was read stating that this project was for the construction of a single family home but the three year limit was overlooked and the house never started.  The hay bales and silt fenct have been replaced.  MR recommends that the TCC issue a COC to close out this file.  Motion to approve, ST, second RC, so voted.

Public Meetings
  • 1050 S. Precinct Street, Robidoux, (RDA), DSE-970  A field report was read stating that this project is for the construction of a single family home with driveway, septic system, grading and utilities.  A portion of the house and driveway, with some grading, fall within the 100 foot buffer zone of an ILSF as defined in the TCC By-Law.  The ILSF is located down a steep grade from the proposed location of the house.  The ILSF was originally flagged by John Delano on 3-19-05 with flags #1-6 and the line was approved under file SE73-2072 on 7-19-05.  The TCC may wish to re-approve the line under this RDA.  Grading comes within 60 feet of the ILSF, the southwest corner of the house will be 82 feet from the ILSF, and the deck will be 77 feet away at its closest point.  The end of the driveway will be 70 feet from the ILSF.  MR recommends that roof drains go into drywells and that this be depicted on the plan.  A siltation barrier is shown at least 60 feet from the ILSF and is noted as the limit of work.  The work as proposed should not negatively impact this wetland area.  This is considered a protected area under the local by-law as it does not meet the state requirements of an ILSF.  MR recommends that the TCC issue a negative determination and include the attached special conditions.  Motion to approve the line, NK, second ST, so voted.  Motion to issue a negative determination, RC, second MI, 5-0, 5 opposed, motion fails.  There was much discussion over moving the house closer to the street to move it further away from the wetlands and how this could be done with regard to the septic system.  The house is at the minimum set back to S. Precinct Street.  RC said could move house and driveway to get out of the TCC by-law and move septic closer to the property line.  There was the idea to slide everything to the property line as far as it can go, which would get the house more out of the wetland area.  Mr. Robidoux was upset with the feelings of the commission.  He said when he bought the land he was given assurances that the land was build-able.  Now he’s spending all kinds of money, back and forth with the ZBA, City, etc, and is getting the run around.  Motion to have the applicant speak with his engineer to have him do up a plan to push the house and septic system closer to the east side of the property, continue this to February 8, 2010, ST, second EE, so voted.  
  • Lot 4 Barry Drive, Conway Realty Trust, (RDA), DSE-969  A field report was read stating that this project is to construct a single family dwelling with associated grading and utilities within the 100-foot buffer zone of a BVW.  This road is off Fremont Street, and the wetlands to the south of the project were approved under SE73-2252 and an ORAD was issued on 3-11-07.  The house is currently 90 feet from the wetland, deck is 79 feet, and grading is within 71 feet of the wetland.  This property is zoned Rural Residential and front setback is a 40 foot minimum.  And the plan shows a 50 foot setback; however, the proposed house should show front steps and bulkhead and keep within the 40 foot setback for zoning purposes.  If after adding the stairs there is still room to move the entire house forward then MR would recommend that be done to decrease impacts to the buffer zone.  The plans show a siltation barrier, marked as  the limit of work, 56 feet from the wetland.  MR recommends that the plan show a washout area and proposed dewatering area on the plan, as well as details for the siltation barrier and dewatering area.  Roof drains should go into drywells.  The work as proposed should not negatively impact the wetlands, and the TCC can approve the plan as presented or request that the Applicant file an NOI for the work.  If the TCC chooses to issue a negative determination, then MR recommends the attached special conditions be added to the determination.  Motion to issue a negative determination, with the following special conditions 1-6, 8, 16-17, 19, 23-27, and provided the house and stairs are moved to the minimum set back, ST, second RC, so voted.
  • 931 Burt Street, Vierra, (RDA), DSE-971  A field report was read stating that this project is for a septic system upgrade with associated grading within the 200 foot Riparian Zone of a small stream located off property.  This property abuts the Segregansett Country Club, which has a stream running east-southwest to a pond.  The Applicant’s project falls within the outer Riparian zone.  The existing tank and leach pit will be pumped and crushed per Board of Health requirements and the new leach field will be placed in the same vicinity as the old with a 40 mil liner, and a 1500 gallon septic tank will be placed in the same spot as the old tank.  Grading will be done per Board of Health requirements and will be within 147 feet from the stream.  A siltation barrier notated as the limit of work should be placed on the plan and a revised plan submitted to conservation.  The work as presented should not negatively impact the resource area, therefore MR recommends that the TCC approve the plan and issue a negative determination to include the attached conditions.  Motion to issue a negative determination with the following special conditions 1-2, 10, 19, 25-27, ST, second MI, so voted.

Continued Public Hearings
  • 761 Joseph Warner Blvd., Rubenstein, (NOI), SE73-2419  Motion to continue to February 8, 2010, ST, second NK, so voted.

Public Hearings
  • Hart Street, Bairos, (NOI), SE73-2422  A field report was read stating that this project is for the construction of a 26’ x 48’ single family home with deck, driveway, walkway, utilities, and associated grading.  This lot currently has a u-shaped driveway with a landscaped island in the middle.  There is an existing 20 foot drainage easement that runs north-south along the rear of the property.  This area is not in NHESP Priority Habitat or ACEC.  The North corner of the house, all of the deck, and grading fall within the 100-foot buffer zone of a BVW; all other areas are outside jurisdiction.  The front portion of the driveway will be removed but the pavement in the northeast corner will be retained.  The plan shows roof drains into drywells.  A dewatering area and concrete washout area are located in the southwest corner of the lot, outside the 100 foot buffer zone.  A siltation barrier is shown 30 feet from the wetland, and is marked as the limit of work.  Grading will be 65 feet from the wetland at its closest point.  The deck will have a concrete pad under and there will be a walkout basement at that point of the foundation.  The work as presented should not negatively impact the resource area, therefore MR recommends that the TCC approve this plan and issue an order of conditions to include the attached special conditions.  Motion to approve and issue a standard order of conditions with special conditions 1-5, 8, 15-17, 19, 21, 23-27, and remove all existing pavement when construction begins, ST, second RC, so voted.  

Extensions
  • Katherine Drive, Sousa, (EXT), SE73-2247  A field report was read stating that this project is for the construction of a detention basin within 100 feet of a wetland and within the riparian zone of a perennial stream (Cobb Brook).  Due to the downturn in the economy, the applicant was unable to begin constructing the homes and is requesting a three-year Extension to the Order of Conditions originally issued on 3-28-07.  This site is located on the north side of Tremont Street, just before Downing Drive.  The applicant has done site preparation which includes razing of the existing buildings, and cutting and stumping trees.  MR recommends that the TCC approve this request and issue a three year Extension to end on 3-28-13.  Motion to approve the Extension, MI, second RC, so voted.  

Other Business
  • Motion to approve payment of DB’s classes, funds to be taken from the Wetlands Account, ST, second NK, so voted.
  • Motion to approve the payment of MR’s dues to the Wetland Scientist Professionals from the Wetlands Account, ST, second NK, so voted.  
(ST and MI stepped down)
  • Request for use of the Riverfront Park by The Neighborhood Corp, to use the park for their riverfront festival.  Motion to allow use of the park, NK, second RC, so voted.
(ST and MI back in)  
  • RC asked MR to check out if an applicant is working in the riverfront in the resource area but not the buffer zone, he believes you have to file an NOI.  MR didn’t think so, she would look into this.
  • ST FYI on an accident at the corner of Old North Walker and Tremont Streets.  There was a diesel spill, a cleanup was done but ST happened to notice that there are wetlands there.  Concern that something may have leaked into the wetlands, MR would check it out.  

Motion to adjourn, ST, second NK, so voted.
Meeting ended at 8:06p.m.