Board Members Present: Arnold Koehler, John Kaufman, Charles Wentworth, Charles Dorman, George Carrington (7:08 p.m.)
Alternate Members Present: Stephen Sackter
Absent Members: None
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:01 p.m, S. Sackter was seated for G. Carrington.
Communications: (1) John Kaufman, 84 Clark Hill Road: Letter of recommendation for Sandra Patterson as a new IWC member; 2) Charlene Spreda, 35 Candee Road: Letter reporting a significant silting incidence to her pond and absence of required monitoring of flow levels; (3) Land-Tech Consultants, Inc.: Final review comments on Country Hills Estates Subdivision (see Public Hearings).
Approval of Minutes: Motion by S. Sackter, seconded by C. Dorman to approve the minutes of the April 10, 2006 meeting. Three votes in favor with one abstention. Motion to approve carries.
Old Business:
a. Dinis & Maria Marques, 12 Woodland Terrace. Filling in wetland without permit, (continued from the January 9th meeting). Mr. Marques was in attendance. B. Donovan advised the commission that the wetlands that have been filled have finally been located by surveyors. He distributed copies of a site plan showing those wetlands boundaries re-located with flagged stakes. J. Kaufman stated the area filled in should also be shown on the map. A site walk to re-visit the site was scheduled for Friday, April 28, at 5:00 p.m.
b. Commissioner site inspections schedule. J. Kaufman handed out a schedule for future inspections thai pairs two commissioners for one month. Each month, one commissioner from the previous month pairs with another commissioner. The schedule allows for each commissioner having equal time on inspections. The commissioners discussed problems occurring over the past weekend due to the heavy rains (5+ inches).
New Business:
a. Robert & Mark Capanna, 23 Luke Street. Application for regulated activities associated with a proposed residential subdivision at 145, 145A & 147 Summit Road. Andrew Greene of Milone & MacBroom, Inc. represented the applicants. Mr. Greene described the development as a lO-lol subdivision on 25 acres with 7 acres of wetlands. Proposed direct wetlands impacts include construction of the roadway and storm drainage. Proposed activities in a regulated area include roadway construction, two detention basins, house, septic and associated grading on various lots and off road storm drainage and swales. Chairman Koehler stated he will review the plans this week and finalize the exact number and type of regulated activities involved. Motion by J. Kaufman, seconded by C. Wentworth to accept Application 20-05 of Robert and Mark Capanna. Unanimous. A soils map and narrative and drainage calculations are to be submitted to the Land Use Inspector prior to the next meeting. A site walk was scheduled for Saturday, May 6* at 8:30 a.m.
Public Hearings:
a. 7:50 p.m. p.m. Application 13-05: Finno Development, Inc., 80 Cook Road. Application for a proposed 27-lot residential subdivision entitled "Country Hills Estates" with regulated activities, (continued from February 22nd). Chairman Koehler read into the record a letter dated April 24, 2006 from Land-Tech Consultants as the town's reviewing engineers on this project stating in their opinion the applicant has substantially addressed all of their comments contained in their review letter dated March 24, 2006. Dennis McMorrow of Berkshire Engineering represented the applicant. Chairman Koehler requested Mr. McMorrow review the changes included in the April 13, 2006 set of revised plans. Mr. McMorrow responded saying the original Lot 18 is now included in Lot 17. The stone wall in the rear of Lots 16, 17, 18 & 19 will be reconstructed to provide a physical barrier to the down gradient wetlands. Lots 9 & 10 were re-examined by Chesprocott Health for suitability for septic and approved. Waterbars have been added to the plan and detail sheet. The final 6" of excavation in the detention basin will not take place until the end of the project to avoid impervious materials from being silted in. Silt fence and hay bales will be placed in front of the outlet structure to allow the detention basin to act as a temporary sediment basin. The temporary sedimentation basin will be in place prior to clearing and grubbing of the remainder of the site. Pumps for dewatering, if needed, will discharge into silt sacks placed a minimum of 100 feet from wetlands. Anti-tracking pads are now shown on the erosion and sediment control plans. Underdrains have been added in the road design as proposed by Land-Tech. Recharge areas for storm drainage on several lots have also been added. A wetlands seed mix will be utilized in the detention basin. Details have been added for the sediment basin forebay and proposed access drive to the detention basin. Longitudinal and latitudinal cross sections of the detention basin have been added to the plans. A vegetated buffer between Lots 1 & 2 has been added. Two wicks have been added to the detention basin to facilitate storm water infiltration into the ground. The lower outlet orifice in the basin has been raised 12 inches off the floor of the basin to allow detention of the first one inch of rainfall. A trash rack has been added to the 12 inch pipe at the basin outlet structure. Chairman Koehler asked how the detention basin during construction will be protected. Mr. McMorrow stated the pond will be seeded immediately following construction and the low-flow orifice temporarily blocked off. Water initially running into the basin will first pass through hay bales and filter fabric before leaving the basin. J. Kaufman asked if the entire road is to be constructed at one time rather than in sections. Mr. McMorrow indicated their plan is to build the entire road at one time utilizing materials taken from cut sections and placing that material in areas requiring fill. J. Kaufman stated it would better protect the site if the project could be built in sections, limiting areas of disturbance that could be stabilized before proceeding to the next section. He stated the commission has had problems with erosion on past developments that have exposed extensive areas without implementing or maintaining the necessary erosion control measures. The steep slopes and cuts detailed in this development could also be potential erosion problems. He suggested building out the development in two sections: doing the eastern or lower half first and the western or upper half after completion and stabilization of the first section. A suggested mid-point was Giovanni Court. C. Wentworth asked if the installation of erosion and sediment control measures would be handled by a separate company specializing in this work. Mr. McMorrow stated Mr. Finno as the developer would have his own site contractor be responsible for the proper installation and maintenance of all erosion and sediment control requirements. S. Sackter asked if this development will add to flooding conditions on Roaring Brook Road as occurred over this past weekend. Mr. McMorrow stated the design of the storm water detention system directs waters from significant storm events away from Roaring Brook via the high overflow outlet in the basin. Chairman Koehler asked how sediments flowing into the basin during the early construction period will remain contained in the basin. Mr. McMorrow stated most of the sediments will settle out in the basin, however cloudy waters will outflow to Roaring Brook or into the higher outlet. Commissioners discussed possible temporary secondary measures within the basin that could help reduce silt outwash from the basin. J. Kaufman asked that erosion control blankets be included as a required method to be used on steeper slopes within the development. Mr. McMorrow stated Prospect's road design regulations call for 3:1 slopes that are not severe and can be stabilized with hydro-seed, hay or mulch. Mr. McMorrow suggested a condition that any exposed, unstabilized slope existing after Oct 15th, or the end of the growing season, shall be stabilized with erosion blankets or other more permanent over-winter measures. J. Kaufman asked for a 50-foot conservation easement in the rear of Lots 17 and 18 to help protect the brook running past these lots. B. Donovan stated he spoke with the DEP and the Town attorney regarding an inland wetlands commission's authority to require conservation easements. Both the DEP and attorney stated an inland wetlands commission has no legal authority to require an applicant to place conservation easements on properties. However, a commission can request the applicant to do so, and if the applicant agrees, a conservation easement can then become a condition of approval. B. Donovan stated Planning & Zoning will be discussing open space acquisition within this subdivision at their public hearings and suggested writing a letter to that commission stating this commission's recommendation for the conservation easement. The commissioners agreed with this approach. Chairman Koehler asked for comments from the public. Tom Land, 64 Cook Road expressed safety and health concerns with the proposed cuts and fills proposed with this development. Also troubled with additional storm water discharging into new piping in Cook Road. BillJason, 14-R Dogwood Drive questioned capacity of the detention basin to retain the storm water runoff from this development. Mr. McMorrow stated the pond is not designed to hold back all water, but to meter it out in a controlled measure. J. Kaufman questioned monitoring of drilled wells in the project to determine if these wells retain their initial yields over time. Suggested a hydrologist report could have some value in determining production of future drilled wells. Commissioners noted a private well is regulated by the Health Department. Ann Stein, Cook Road asked if changes were being made on Lot 16. There are no changes proposed. There were no further questions and the public hearing was closed.
Public Participation: None
Land Use Inspector's Report: Chairman Koehler reviewed the above listed correspondence with the commission. He asked B. Donovan to write a letter to the Town Council in support of the nomination of Sandra Patterson. He also mentioned the Spreda letter saying he had gone to the "Prospect Estates" subdivision on Sunday due to the heavy rains and observed water levels at the crest of the detention basin. Later that day the Chairman contacted C. Wentworth concerning the condition of the Spreda pond at 35 Candee Road. C. Wentworth then went to the pond and observed severe brownish coloration. He called back the Chairman to report what he observed. C. Wentworth consequently visited the "Prospect Estates" site and observed brownish water breaching over the north-eastern corner of the detention basin and into the downstream wetlands. Chairman Koehler directed a "Cease & Desist" enforcement order be imposed on Lawrence Beausoleil until such time as the detention pond is inspected by the Town's consulting engineer to determine the current functional operation of the basin and what corrective measures are needed to bring that structure into compliance. Further, Mr. Beausoleil is to have a soils scientist inspect the wetlands abutting the outer wall of the detention basin for impact from siltation and report those findings to the commission. Mrs. Spreda was in the public during this discussion and mentioned there has been no recent water flow monitoring of the brook feeding her pond by Mr. Beausoleil's' engineer as required by the commission. The commission discussed the need for a separate bond to be required to ensure Mr. Beausoleil restores the pond to conditions existing prior to the first siltation intrusion from his project It was agreed that the requirement for a bond be included in the "Cease & Desist". Motion by J. Kaufman, seconded by C. Dorman to issue a "Cease & Desist" enforcement order against Lawrence Beausoleil for wetlands violations at 193 Cook Road. Three votes in favor with two abstentions. Motion to approve carries. Commissioners also discussed placing a moratorium on new subdivision applications with regulated activities to allow the commission reasonable time to review the regulations with the intent of proposing revisions that strengthen requirements for erosion and sedimentation controls and other pertinent wetlands issues.
Adjournment: Motion by S. Sackter, seconded by C. Dorman to adjourn at 9:53 p.m. Unanimous.
Arnold Koehler, Chairman