February 14, 2005
Board Members Present: Arnold Koehler, Steven Skrebutanus, Brian Doody
Alternates Present: Charles Wenrworth
Absent Members: John Kaufman, Charles Dorman (Alt)
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:03 p.m. C. Wentworth was seated for J. Kaufman.
Approval of Minutes:
Motion by B. Doody, seconded by C. Wentworth to approve the minutes of the January 24, 2005 meeting as presented. Three votes in favor with one abstention. Motion to approve carries.
Communications:
Department of Environmental Protection: Announcement on 2005 Municipal Inland Wetland Commissioners Training Program; Town of Oxford: Seminar on Smart Sponge Technology.
Public Participation:
John LaMontagne, 24 Straitsville Road. Mr. LaMontagne discussed with commissioners the work that has been completed to date with regards to the new commercial use on this residential property. There has been a general clean-up of the site and significant enhancement and remodeling of the existing building. In response to Mr. LaMontagne's intent to pave the area surrounding the building hi the spring, Chairman Koehler asked Mr. LaMontagne to have a wetlands soil survey performed and map prepared to determine the location of wetlands on this property. Chairman Koehler stated a wetlands permit will likely be needed and an accurate map of the wetlands would be required.
Chairman Koehler called for a motion to add Patrick Graziano, 13, 17, 19, 21, 23 Old Schoolhouse Road to the agenda under "New Business". Motion by S. Skrebutanus, seconded by B. Doody to add Mr. Graziano to the agenda under "New Business". Unanimous.
New Business: Old Business: Land Use Inspector's Report: Public Participation: Adjournment: Arnold Koehler, Chairman
a. Patrick Graziano, 13, 17, 19, 21, 23 Old Schoolhouse Road. Proposed regulated activities associated with a new residential subdivision. Andy Greene, of the engineering firm Milone & MacBroom represented the applicant. Mr. Greene stated these activities are contained within the "Wooded Acres" subdivision that had received Inland Wetlands approval 1986. Thereafter, on June 11, 1990 Inland Wetlands granted approval for regulated activities associated with an Elderly Housing complex on this property. That proposal, however, never went forward and the property's current owner, Mr. Graziano, now wishes to develop the property as approved in 1986. Because Inland Wetlands permits expire in five years, Mr. Graziano is re-applying for the Inland Wetlands approvals granted in 1986. After discussion, the commission agreed to combine all regulated activities as one application. Commissioners asked Mr. Greene about fill that had been brought in and drainage piping that has been installed consequent of the proposed elderly housing project. Mr. Greene stated he is aware of the fill placement and location of drainage
a. Application 10-04: Agim Halim, 18 Roy Mountain Road. Proposed septic at Lot 5, Elaine Court (Robinmark-Phase 3 Subdivision (continued from 12/13/2004). At the January 24th meeting, Chairman Koehler questioned Mr. Agim about the potential of having to relocate the septic system closer to wetlands if future tests indicate the septic cannot be placed as shown on the site plan. He had asked Bill Donovan to contact Chesprocott Health on the matter. Bill Donovan stated he spoke with Lorraine DeNicola, Sanitarian with the Chesprocott Health District who said their agency would not require the septic to be relocated however, if additional ledge is discovered they may require the septic be raised. As to blasting effects on the septic, Mrs. DeNicola stated she would be more concerned with the impact to neighboring wells as the bottom of a septic leaching area must be a minimum of 24" above ledge. There was no further discussion. Motion by S. Skrebutanus, seconded by C. Wentworth to approve Application 10-04 of Agim Halim for regulated activities (septic system) on Lot 5, Elaine Court with condition that the Inland Wetlands Agent be made aware 48 hours prior to the installation of the septic system. Unanimous.
b. Application 11-04: CJN Realty, LLC, 115 Waterbury Road. Regulated activities associated with a proposed commercial building (continued from 1/10/05). Stephen Giudice of Harry E. Cole & Son represented the applicant. Mr. Giudice stated revised plans that were to have been available for tonight's meeting are not completed. Mr. Giudice reviewed revisions to take place which include reducing the amount of fill for the lower parking lot, eliminating parking over the neighboring septic system, adding a defined access way to the detention pond for maintenance, the need for two oil/particle separators, and a double catch-basin at the end of the lower driveway/parking area and before the detention basin. Chairman Koehler scheduled a second site walk for Saturday, March 5, 2005 at 9:00 a.m. There were no further comments and Chairman Koehler continued this application to the March 14th meeting.
c. Application 03-04: Prospect Estates, LLC, 193 & 193R Cook Road. Regulated activities associated with a proposed 7-lot subdivision, (public hearing was closed on January 24th). Chairman Koehler called for vote to approve this application. Motion by B. Doody, seconded by C. Wentworth to approve Application 03-04 for regulated activities associated with a proposed 7-lot subdivision located at 193/193R Cook Road. Discussion: Commissioners had previously received a Draft Resolution of Approval for Prospect Estates Subdivision prepared by B. Donovan for consideration. Commissioners questioned the maps referenced in the proposed Resolution of Approval as not being the most recent set of maps currently available for this subdivision. B. Donovan stated with the exception of requested staff comments the commission has to consider only what is included in the record at the close of the public hearing. However, they can add conditions to their approval that also may or may not be incorporated into future plans. Any increase in wetlands impact with existing regulated activities or additional regulated activities shown on future maps that do not appear on the commission's record set would be in violation of any permit granted under this application, and the applicant would need to reapply to Inland Wetlands for a new permit. Commissioners affirmed their request for flow monitoring of Sanford Brook to confirm this watercourse will continue to flow in its same present direction after site development. Discussion took place on the location of the wetlands located on Lots 5, 6 & 7 and the need to establish permanent wetlands markers along this wetlands boundary. The markers would establish a visual border and reminder to future homeowners of the presence and location of wetlands on their properties. Chairman Koehler reviewed a letter from Land-Tech Consultants addressed to B. Donovan dated February 10, 2005 stating in part that the Army Corps of Engineers jurisdiction over federal wetlands is independent of local regulations and should not be a factor in local wetlands decisions. There was no further discussion and Chairman Koehler called for a vote on the Draft Resolution of Approval as presented with the above stated conditions of monitoring water levels of the Sanford Brook and placing permanent wetlands boundary markers on Lots 5,6,& 7. In favor: 3 votes (Chairman Koehler, B. Doody, C. Wentworth) opposed; 1 vote, S. Skrebutanus, stating he does not feel the applicant has satisfied the conditions set forth in Section 6 of the Regulations. Motion to approve carries.
S, Skrebutanus asked about the large excavator that has been parked for several weeks in wetlands located on Straitsville Road. He is concerned this situation presents the potential for leaking oils and gasoline to seep into the ground water. Bill Donovan stated the excavator belongs to a company contracted to install water mains under a Town grant. He will discuss with Mayor Chatfield.
Steve Sachter, 192 Cook Road. Expressed his disappointment in the commission's approval of the Prospect Estates subdivision and does not feel commissioners considered information presented during the public hearings that offered feasible alternatives to further reduce wetlands impacts.
Motion by S. Skrebutanus seconded by C. Wentworth to adjourn at 8:45 p.m. Unanimous.