Board Members Present: Arnold Koehler, Charles Dorman, George Carrington
Alternate Members Present: Stephen Sackter
Absent Members: John Kaufman, Charles Wentworth
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 J. Kaufman.
Communications: (1) Land-Tech Consultants, Inc. Review letter on site inspection at "Prospect Estates" subdivision (see item "e" under Old Business).
Approval of Minutes: Motion by S. Sackter, seconded by C. Dorman to approve the minutes of the April 24, 2006 meeting as amended. Three votes in favor with two abstentions. Motion to approve carries.
Old Business:
a. Dinis & Maria Marques, 12 Woodland Terrace. Filling in wetlandwithout permit, (continued from the January 9th meeting). Mr. Marques was in attendance. Chairman Koehler stated a site walk took place on Friday, April 28*^ He stated the next step is to have an excavator dig up materials at various locations within the filled area to determine what exists below the surface. Mr. Marques will contact Bill Donovan after May 22nd to coordinate a time when Bill and/or commission members can observe the excavated materials.
b. Commissioner site inspections schedule. There was no discussion.
c. Application 20-0: Robert & Mark Capanna, 23 Luke Street. Application for regulated activities associated with a proposed residential subdivision at 145, 145A & 147 Summit Road. Chairman Koehlei stated a site walk took place on May 6*. Andrew Greene of Milone & MacBroom, Inc. represented the applicants. Mr. Greene addressed comments from the site walk. He is revising the plans to shorten the road and pull the cul-de-sac approximately 30-feet further from wetlands. This will also help with the grading on Lot 6. Mr. Greene mentioned the pocket of wetlands on Lot 6. He is proposing a catch basin just downhill from these wetlands with connecting piping to carry water under the road where it would discharge on the easterly side. Chairman Koehler asked if the catch basin is a single or double. Mr. Greene stated it is a single, but he would take another look at the drainage area. Mr. Greene also mentioned they had met with the Assistant Director of Public Works to discuss shortening the road culverts at the brook crossing. Mr. McCarthy agreed the culverts can be shortened without impacting the design integrity of the road. This will reduce direct impacts to the wetlands to 900 square feet. The slopes at the culverts will not be steeper because of the shortening. Chairman Koehler asked that riprap be considered to help protect the slopes. G. Carrington asked who will be responsible for monitoring and cleaning out the catch basin on Lot 6. Mr. Greene stated the property owner would need to keep the basin uncovered and the basin itself cleaned. A drainage easement for the pipe discharge under the roadway would be required. Chairman Koehler asked that the revised plans show the catch basins (single 01 double). B. Donovan mentioned fees have been collected. This application is continued to the June 12 meeting.
d. Application 13-05: Finno Development, Inc., 80 Cook Road. Application for a proposed 27-loi residential subdivision entitled "Country Hills Estates" with regulated activities, (the public hearing was closed on April 24th). Bill Donovan presented a "Draft Resolution of Approval" on this application for the commission's review. Chairman Koehler mentioned a letter from the commission would be presented to the Planning & Zoning Commission requesting a conservation easement be placed on Lots 15, 17, & 1J protecting the common watercourse that flows thru all three lots. He also mentioned constructing the roat in two separate phases to reduce extensive areas of exposed slopes and soils during construction Chairman Koehler read into the record the "Draft Resolution of Approval" dated May 8, 2006 for this application. The commissioners were satisfied with the Draft Resolution as written. Motion by C Dorman, seconded by G. Carrington to approve Application 13-05 of Finno Development Inc. foi regulated activities at 80 Cook Road. Unanimous.
e. "Cease & Desist Zoning Enforcement Order" Prospect Estates Subdivision, 193 Cook Road Chairman Koehler stated on May 2nd he, Bill Donovan, Robert Oley of Land-Tech, Inc. Larry Beausolei and his engineer performed a site inspection of the retention basin and overall site conditions at 193 Cool Road. The Chairman read into the record a letter from Land-Tech Consultants detailing Robert Oley'i observations and recommendations as a result of the site inspection. Mr. Oley's comments indicated he was satisfied with the adequacy of the in-place erosion and sediment controls in the area of the detentior basin now under construction. He recommended that the storm drainage system associated with the roac and detention basin and the emergency spillway of the detention basin be installed as soon as practicable He further suggested the developer's consultant perform regular inspections and provide weekty inspection reports to the commission. Chairman Koehler stated that after the site walk and speaking wit! Bob Oley, that he choose to grant a conditional release of the "Cease & Desist" order to allow Larrj Beausoleil to continue with the road construction and installation of the storm drainage system, detentior pond and the new house on Lot 3. There still is the issue of the Spreda pond that needs to be addressed The Chairman acknowledged the commission had imposed the "Cease & Desist" and must now decide whether to allow a conditional release at this time. G. Carrington asked if commissioners were invited foi the site walk. Chairman Koehler stated only those at the site walk were asked to attend. G. Carringtor questioned how the Chairman alone could release a "Cease & Desist". The Chairman stated he gave i "conditional" release to allow the developer to immediately go forward with the road construction as the consultant advised. The Chairman stated at this time he is willing to allow Mr, Beausoleil to continue with the road, site work, detention pond and the one house under construction. Commissioners expressec concerns with going forward with house construction without finalizing the erosion and control issues Mr. Beausoleil stated different companies work on houses and the site work. Personnel would not be pulled off of roadway or site work to help build a new home. Stephen Tower, an Attorney with Mr Beausoleil questioned whether other new homes can be started under this enforcement order because there is a contract for another lot (Lot 4) in place. Commissioners felt restricting additional developmen may cause Mr. Beausoleil to move quicker on getting all site controls in place. Mr. Beausoleil stated if he puts in the discharge pipe at the bottom of the pond as designed at this time, that pipe will allow sediments in the pond to flow out from the pond and into the abutting wetlands. He stated the walls of the pond need to be stabilized at this time with permanent cover. Following that, the pond needs to be mucked out and final graded to the design elevations. Vegetative cover would be required on the lowei elevations. Finally, when the inside of the pond is permanently stabilized with no exposed botton sediments, discharge pipes could then be installed. This probably would not happen until late in the summer. The road and storm drainage system from the road could be complete within two weeks. The additional berm on the north-eastern wall of the basin as also recommended by the consultant could alsc be in place hi two-three weeks. S. Sackter asked about the seep coming out from the bottom of the basin Chairman Koehler stated the discharge pipe will be set at that same grade and should eliminate the seep Charlene Spreda was in attendance and questioned why discussion on damage to her pond resulting fron this project continues to be put off to a later time. Chairman Koehler stated the issue of her pond is still ai item in the "Cease & Desist" and is not being disregarded. However, the Chairman agrees with the consultants that continuing to prevent Mr. Beausoleil from going forward with any site work or hous< construction serves no purpose to anyone. The best resolve is to have the developer continue with the roac construction, get the storm water drainage installed, build up the left side of the basin and make the basil as effective as possible. Mrs. Spreda stated she would like some reassurance, such as imposing a bond 01 the developer, that the developer will address and correct any damage done to her pond. Chairmain Koehler stated until the commission has some reliable technical data describing what the extent of the damage to the pond is and what it would take to correct any damage done, there is no rationalization foi determining a bond amount. He requested B. Donovan to have the consultant visit the Spreda pond anc advise the commission on how to proceed. Attorney Tower asked for clarification on whether Mr Beausoleil can continue building new homes as long as he satisfies the site work requirements within the subdivision. Mr. Beausoleil stated all immediate work discussed at this meeting should be completec within 3-4 weeks, depending on weather conditions. He also stated he could have had a binder coat o1 pavement on the road last year, but was asked by the Town not to pave until after winter this year. The commission agreed to release restrictions on development and allow road construction and storm drainage installation to continue, build up the left side of the berm, hydroseed the upper side walls and top of the basin all to be completed within the next 3-4 weeks. The basin would be pumped and mucked out later in the season during the wanner, drier months allowing sufficient time to stabilize the lower walls of the basin with vegetation. The discharge pipes in the basin would be installed at a time after the basin has been pumped out and the walls stabilized.
New Business:
a. Peter and Carolyn Mulholland, 43 Cambridge Drive. Application for an in-ground pool within c regulated area. Anna Keeler of Prospect Pools represented the applicant. Mrs. Keeler stated the Mulhollands are proposing an 18' x30' in-ground pool 52 feet from wetlands. A cartridge filter would b« utilized eliminating the need for back-washing filter media. Water treatment will consist of a system thai converts ordinary table salt to chlorine. Motion by G. Carrington, seconded by C. Dorman to accepi Application 21-05 of Peter & Carolyn Mulholland. Unanimous. A site walk was scheduled for Tuesday, May 23"* at 6:00 p.m.
Chairman Koehler called for a motion to add Steven McLean under "New Business". Motion by G Carrington, seconded by S. Sackter to add Steven McLean, 59 Plank Road to the agenda. Unanimous.
b. Steven McLean, 59 Plank Road. Application for a garage addition within a regulated area. Wilson Trabal represented the applicant. Mr. Trabal stated the McLeans are proposing to construct a 10' x 2V attached garage addition. Mr, Trabal did not have an inland wetlands map, however the Town's wetlands map indicates over 90% of the entire parcel has inland wetlands soils. Motion by S. Sackter, seconded b) C. Dorman to accept Application 22-05 of Steven A. McLean. Unanimous. A site walk was scheduled for Tuesday, May 23rd at 6:30 p.m.
Public Participation: Charlene Spreda, 35 Candee Road asked how a bond amount is determined on site work/enforcement action. Chairman Koehler stated a cost work-up is done by the applicant, his engineei or town staff and reviewed by town staff or the town's consulting engineer.
Land Use Inspector's Report: Chairman Koehler discussed the need for all sites approved for regulated activities and under construction to be visited by commissioners when site inspections begin. He stressed they cannot continually inspect the same one or two sites and not inspect others.
Adjournment: Motion by S. Sackter, seconded by C. Dorman to adjourn at 9:00 p.m. Unanimous.
Arnold Koehler, Chairman