Board members Present: Arnold Koehler, John Kaufman, Charles Wenrworth,
Alternate Members Present: Stephen Sackter
Absent Members: George Carrington, Charles Dorman, Stephen Mulhall (alt)
Others present: Bill Donovan, Land Use Inspector/Clerk, Nicole Rasmussen, Clerk
Chairman Koehler called the meeting to order at 7:02 p.m. S. Sackter was seated for C. Dorman.
Approval of Minutes: Motion by J. Kaufman, seconded by A. Koehler to approve the minutes of tin August 29, 2006 meeting. Two votes in favor with two abstentions. Motion to approve carries. Motioi by C. Wentworth, seconded by S. Sackter to approve the minutes of the October 16, 2006 meeting a amended. Unanimous.
Communications: (1) See Land Use Inspector's Report.
Old Business
a. Prospect Estates Subdivision/Spreda Pond Restoration. George Logan, Soils Scientist, representec Charlene Spreda. He has not as yet met with Ken Stevens, Soils Scientist for Lawrence Beausoleil 01 Chris Allen, Land Tech Consultants. Mr. Logan presented a proposal dated October 30, 2006 entitlec "Supplemental Spreda Pond Survey & Restoration Recommendations" for restoring the Spreda pond. Mr Logan stated prior pond coring samples did not detect extensive amounts of recently deposited sediments in tiie pond. However, there is a fine film of new sediments, !4" to 3/4" in depth. An up-stream inspection also detected the presence of sediments in the wetlands and watercourse leading to the Spreda pond. The source of the sediments likely came from various separate locations including the Prospect Estates subdivision and it is these upper level fine sediments that have caused significant damage to the health oi the pond. The fine sediments contribute high levels of phosphorus that is a food source for the aquatic growth in the pond. Abrupt increases of nuisance algae and aquatic bio-mass taking in the phosphorous nutrients have led to the deterioration of pond quality. Mr. Logan stated that the recommendations listed in his report will not restore the pond to prior existing quality conditions. He is recommending a sediment forebay be constructed either in the inlet to the pond itself, or along the inlet stream to provide sediment trapping in the future. Also, "flog-logs" be used in combination with a sediment forebay to augment the settling of sediments for at least one year. The cost of constructing a forebay is estimated at $5,000.00 subject to final input from Mr. Stevens and Allen. A second separate recommendation is to remove algae and upper layer vegetation that has trapped and recycles the phosphorus back into the pond's system by a method called "aquatic vacuuming". This process also removes the top two to three inches of organics where the fine sediments have settled and incorporated. Estimated cost of "aquatic vacuuming" is $1,500 to $2,000 per day with completion in two days. A third recommended step is the application of an alum treatment that would "seal" the pond bottom with the intent of inactivating phosphorous from being absorbed by algae and other nutrients such as nitrogen and potassium. The cost for alum treatment is estimated at $1,000.00. Total estimated cost for the above is estimated at $10,000.00 or more. With all treatment processes employed, Mr. Logan believes the pond's quality will be restored to no more than 70% of prior condition. S. Sackter asked what effect the treatments would have on aquatic life. Mr. Logan stated the fish and amphibians will suffer, but should not cause a critical die-off. A. Koehler asked about the considerable amount of sediment that has been deposited into the pond over the years. Mr. Logan stated this is a natural process of pond life. However, when there is a significant increase of sediment resulting from storms occurring within a limited time period, the result is "accelerated eutrophication" - a term describing the acceleration of the process by which a body of water becomes enriched in dissolved nutrients that stimulate the growth of aquatic plant life and consequent depletion of dissolved oxygen in a body of water. Mr. Logan stated he can not say that the Prospect Estates subdivision should be responsible for the removal of organics in the pond that have built up over time. He feels the problem a1 this time is in the upper two to three inches of sediments. The long term maintenance plan will be tc eventually muck out all the sediments in the pond. J. Kaufman asked about the oxygen depletion in the pond. Mr. Logan stated he observed an anoxic or oxygen-void zone below three feet in depth. The uppei level fines may be partially responsible and other reasons such as the long-term accumulation of organics. Mr. Logan stated significant more testing would be required to narrow in on a specific reason. J. Kaufman asked whether a 'clean-out" area excavated in the pond itself would help with maintenance. Mr. Logan stated his preference is to place the clean-out structures just up-gradient of the pond. The sedimenl forebay is generally sized in proportion to the size of the pond or size of the watershed. It is a permanent installation. Chairman Koehler stated the commission needs to make a determination on the extent ol responsibility to Prospect Estates in the pond's restoration. Mrs. Spreda stated she would need to confirm the boundaries of her property relative to placement of an up-stream forebay. Attorney Stephen Tower, representing Prospect Estates, stated the commission has made an attempt to reach an amicable solution to the Spreda pond matter through a joint effort with the Town's expert, Prospect Estates' expert and the Spreda's expert to perform common testing at one time and reach a unified recommendation for presentation to the commission. Attorney Tower stated it was his hope a settlement would be reached considering both technical and practical considerations. Mr. Logan has not been available to reach a compromised solution. Consequently, Prospect Estates is forced to wait for a future decision from the commission. Attorney Tower believes a solution is at hand. He also noted that commissioners Wentworth and Sackter had recused themselves prior in this matter and that they are now seated and present. He is hopeful there will be a quorum of commissioners at the next meeting who can vote in good judgment on this matter. Attorney Tower again noted the presence of a significant bond in place and asked for a release of the Cease & Desist Enforcement Order to allow Mr. Beausoleil to go forward with his project. Charlene Spreda, 35 Candee Road stated the Cease & Desist Order was issued in May, and yet it took until August before Prospect Estates drained the detention pond. They also choose not to attend the September 11th Inland Wetlands meeting where George Logan went into detail about the pond and relevant issues. At the meeting scheduled for September 25* where Mr. Stevens, Mr. Allen and Mr. Logan were to meet at the Spreda property, Mr. Stevens choose not to be present at her property where testing did take place, but met later with the others at the Prospect Estates property. Chairman Koehler confirmed with Mr. Logan to make available his report to both Mr. Stevens and Mr. Allen in time for all to review the report and have unified recommendations for the commission at the next meeting on November 13th.
b. Prospect Estates Subdivision: Cease & Desist Enforcement Order. Note: C. Wentworth and S. Sackter recused themselves from the meeting. J. Kaufman stated he recently made a site walk with Bill Donovan. He stated the detention pond is stable with established green growth. He stated Bill explained why the cut into the side of the pond was made, which was to drain the pond over time. By dropping the water level, vegetation was finally allowed to be established in the basin. Chairman Koehler stated he visited the site :oday with the developer. He too felt the pond is functioning as designed. Additional hydro-seeding is still leeded in one area. J. Kaufman questioned if the subsoil to be hydro-seeded is of acceptable quality for *ood seed germination. Mr. Beausoleil stated it is the same material as the rest of the basin. Chairman Koehler discussed the remaining two outlet pipes to be installed. His goal was to have these two pipes installed and capped if necessary before winter. Mr. Beausoleil is now requesting a 12" diameter pipe be placed about one foot below the top of the emergency weir facing Roaring Brook. Hay bales would be placed downstream of the pipe outlet. This would be in lieu of installing the two remaining pipes at this time and would ensure any overflow out of the pond would be directed towards Roaring Brook. J. Kaufman expressed concerns that the headwaters of both Roaring Brook and Sanford Brook are in close proximity and outflow from the proposed pipe could end up in Sanford Brook instead. He also has concerns with a portion of Roaring Brook being very close to the detention basin. He stated there needs to be additional expert review on this emergency pipe outlet proposal to examine the effects of direc dispersal of waters into the two adjoining watersheds of Sanford and Roaring Brook. Attorney Stevei Tower, representing Prospect Estates, asked for a timely recommendation on this proposal. B. Donovai stated the commission's budget line item for engineering costs has been exhausted as a result of the on going engineering charges associated with this matter. He is not in a position at this time to reques services from any engineer until monies become available to the commission. J. Kaufman stated he agree: that the temporary weir or outlet installed in the detention basin was needed to allow the waters to drain tc existing levels. He understands C. Wentworth was upset with the installation without commissior consultation, but he does not feel all commissioners have to be involved in making field changes. Th< commissioners are not engineers and need to rely on our engineers to make correct engineering decisions He feels this was the right decision. With discussion on the Cease & Desist Order, the Chairman and J Kaufman acknowledged Mr. Beausoleil can clear and grub the lots at this time. A bond is in place foi corrective action if necessary. J. Kaufman stated if unprotected areas have not been stabilized by now. protective erosion control blankets are needed for over winter protection. B. Donovan questioned the effectiveness of blankets if no undergrowth can be established before the end of the growing season. Chairman Koehler asked when the final hydro-seeding will occur. Mr. Beausoleil stated he will contact the hydro-seeding company immediately to cover the detention basin embankment. J. Kaufman stated if the hydro-seeding does not take hold erosion blankets will be required. He does not want exposed bare ground over winter. Discussion took place on the driveway crossing over Roaring Brook for Lots 5 & 6. Mr. Beausoleil stated he could also direct Roaring Brook away from the detention basin during the installation of the driveway crossings. J. Kaufman stated erosion controls have to be in place before construction work begins. Concerning the driveway crossings, this work would have to proceed in a timely manner. Mr. Beausoleil stated ordered materials and other unexpected issues can cause delays with any project. J. Kaufman stated the materials have to be on site before construction. Mr. Beausoleil stated he just cannot guarantee when all materials and product can be delivered. J. Kaufman stated a time table on how long these crossings will take needs to be prepared for the commission's review. Chairman Koehler asked for a plan detailing what is involved and projected time of installation. Mr. Beausoleil will prepare a proposal. This matter will be carried over to the November 13th meeting. Note: C. Wentworth and S. Sackter re-entered the room and seated for the remainder of the meeting. J. Kaufman asked B. Donovan who the Town's engineer is. B. Donovan stated there is no contracted engineer; Consulting engineers are hired on an as-needed basis. J. Kaufman stated he has, for the most part, been satisfied with Land-Tech's services.
New Business:
a. Earl & Jean Reilly, 179 Union City Road. Significant sedimentation in pond. J. Kaufman stated on a recent site walk he observed significant sedimentation in the pond exceeding what was previously observed when Boulder Brook Development initially constructed the forebay at the stream inlet of the pond. Mrs. Reilly presented pictures of the pond showing current conditions. Chairman Koehler also acknowledged the significant increase of sediment present in the pond. J. Kaufman stated during a prior heavy rain event he observed brownish water coming down the stream from Boulder Brook, but the second feeder stream coming from Clark Hill Road was clear. He stated muskrats tunneling into the detention pond at Boulder Brook could have resulted in a fast release of storm waters held in the pond rather than at a metered pace as designed. This rush of water could have added sedimentation into the stream. He also observed sediment in the stream between Boulder Brook and the Reilly pond. This sediment was to have been hand-cleared by Boulder Brook. Chairman Koehler also observed heavy sediment in the stream between the Reilly property and Boulder Brook. J. Kaufman stated there have been noteworthy improvements with the Boulder Brook property. He feels the large pile of dirt that earlier had been piled on the north side of the brook severely eroded from heavy rain events contributing a substantial amount of sediment into the Reilly pond. Chairman Koehler asked if a bond was still in place. B. Donovan stated a bond is in place. J. Kaufman acknowledged any pond acts like a sedimentation basin collecting sediments as the velocity of water slows. Earl Reillv stated there still has to be accountability from up-stream deposits being flushed into his pond. J. Kaufman stated it seems clear where the majority of recent sediments going into this pond came from, which is Boulder Brook. Chairman Koehler stated < considerable amount of sediment in the stream is working its way towards the pond. Chairman Koehle stated a site walk should be made for all commissioners to observe the current conditions of the pond anc stream. It was agreed commission members would go individually or in pairs prior to the next meeting. J Kaufman stated an expert in pond ecology and maintenance would be extremely helpful in establishing z restoration program.
b. Inland Wetlands Regulations Revisions. Bill Donovan distributed a draft proposed revision of the regulations for the commission's review. He stated additions have been added that are required per the statutes and DEP guidelines. J. Kaufman stated there should be language in place concerning dam maintenance including detention ponds. Bill stated the final draft when ready must be sent to the Commissioner of the DEP for her review and comment, after which a public hearing is required.
Public Hearings: None
Public Participation: None
Land Use Inspector's Report: Chairman Koehler read a letter he has prepared for the Town Council concerning the poor attendance records of two commission members. Commissioners concurred on the need to acquire new members who will attend the meetings. Commissioners were encouraged to suggest possible new members. Bill Donovan stated he has spoken with the owner of Senior Panchos concerning the need to clear off the parking area grate and place a hay barrier. C. Wentworth questioned the status on the Finno development. Chairman Koehler stated he is writing a letter to Planning & Zoning. S. Sackter stated he would like to have a policy where field decisions requiring changes with current applications are not made without consultation of the commission. J. Kaufman stated if all the commissioners were engineers then they could consult on engineering proposals. But because the commissioners are not engineers, they must rely on recommendations from the town's consulting engineer. Also from a legal point, unless a commissioner has the education background or training to comment on a technical issue the commission must employ an expert in the specific field for review and comment. If something is already built, but it is not functioning as designed the town engineer or other expert should have the authorization to provide timely solutions. He understands how a commissioner may feel he is being left out of certain decisions being made, but with engineering matters it is appropriate for field changes to take place with the consultant's consent. S. Sackter cited the opening of the Prospect Estates detention pond as a questionable decision. J. Kaufman stated in his opinion the opening solved the problems with the detention pond. The pond is now drained and stabilized and the opening reduces the threat of concentrated sediment discharge over winter.
Motion by J. Kaufman, seconded by C. Wentworth to adjourn at 9:30 p.m. Unanimous.
Arnold Koehler, Chairman