Board Members Present: Arnold Koehler, Charles Wentworth
Alternate Members Present: Stephen Sackter
Absent Members: John Kaufman, Charles Dorman, David Michaud (Alt.)
Others Present:
Chairman A. Koehler called the meeting to order at 7:00 p.m. The meeting was taped. S. Sackter was seated for C. Dorman.
Action on Enforcement Order:
a. Stephen & Karri Lombardo, 84 Union City Road. Violation of Permit #03-06. Stephen and Karri Lombardo were in attendance. A. Koehler stated that he and Land Use Officer W. Donovan visited the site on March 27, 2007 at 1:00 p.m. and measured the embankment around the pool area. There were old wetland flags on some of the trees, but when measuring there was one spot closer to driveway where the tow of the new slope is right at the wetlands marker. The rest is not into the wetlands. The furthest part of the slope was about 9 feet from the wetland flags. A. Koehler read for the record notes for consideration in determining the course of action on the enforcement order given to him by W. Donovan dated March 30, 2007. A. Koehler stated that he measured where the turnaround of the driveway is and there appears to be a considerable amount of fill that has encroached into the wetlands. Although that is a separate issue, W. Donovan will be contacting David Carson of OCC Design Consultants to have the wetlands flagged. A. Koehler stated that the Commissioners needed to decide what sedimentation control measures needed to be taken regarding the pool and the embankment. S. Sackter stated that he had visited the site with W. Donovan. C. Wentworth asked who would incur the cost of having the wetlands flagged again. A. Koehler stated that it is up to the Commission to bear the burden of proof when issuing enforcement orders and therefore the Town would incur the cost for the re-flagging. Mr. Lombardo stated that he had requested a representative from Diamond Pools to be in attendance this evening, however he was told it was not possible on such short notice. Mr. Lombardo stated that he felt Diamond Pools should be answering the Commission’s questions. A. Koehler stated that the most immediate issue is stabilizing the exposed bank to prevent it from eroding into the wetlands. S. Sackter agreed that siltation and erosion control measures need to be in place as well as a wetlands bond and a site plan drawn to scale showing what the plan is. The Commissioners and the Lombardos agreed that things have changed from the original plan. Mr. Lombardo stated that Diamond Pools didn’t give him anything other than a computer drawing showing the pool and feels that Diamond Pools need to address this. Mr. Lombardo thought the excavation was being done the right way. A. Koehler stated that W. Donovan had indicated to him that John Dubyoski of Diamond Pools would be in attendance this evening. The Commissioners instructed Mr. Lombardo to tell Mr. Dubyoski he should attend the April 23, 2007 meeting of the IWC. The Commissioners instructed Mr. Lombardo to install more silt fencing at the bottom of the tow of the embankment and stabilization blankets on the embankment from the tow of the bank up to the top of the slope. A. Koehler drew a diagram for Mr. Lombardo to explain the erosion control measures that need to be in place. Mr. Lombardo was also told to contact W. Donovan regarding a $5,000.00 wetlands bond. C. Wentworth stated the Commission would expect Diamond Pools to provide information regarding the amount and type of fill brought on site and where it came from. Diamond Pools should also provide an accurate site plan describing the work being done, including the location of the pool, pump, heater tank and storage shed. S. Sackter stated that the method for permanently stabilizing the bank should be shown on the plan as well. The Commissioners would like to see the shed located where it was originally planned. C. Wentworth also asked that the plan show an area for a dry well for backwash of the filter or draining of the pool if there is a problem. A. Koehler stated that the Cease and Desist would remain in place with the exception of the remedial work as discussed this evening. There is to be no fill brought in. The only work to be done is for stabilization of the embankment. Mr. Lombardo will contact W. Donovan when the sedimentation controls are in place. This issue will be discussed again at the next regular meeting on April 23rd. Mr. Lombardo will also post a $5,000.00 wetlands bond and contact Diamond Pools for an accurate site plan.
Motion by S. Sackter, seconded by C. Wentworth to adjourn at 7:32 p.m. Unanimous.
Arnold Koehler
Chairman