Board Members Present: Stephen Sackter, John Kaufman & Charles Wentworth
Alternate Members Present: None
Absent Members: Stephen Mulhall, David Celotto, David Michaud (Alt.), Lisa Mason (Alt.) & Anthony Dorso (Alt.)
Others Present: William Donovan – Land Use Inspector & Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes:
Motion by C. Wentworth seconded by J. Kaufman to approve the minutes of the April 27, 2009 meeting as presented. Unanimous.
Communications:
1. Prospect Building Inspector’s Report – April 2009.
Old Business:
a. Application #01-09 – William Brundage & Brenda Nadeau, 143 Plank Road. Landscaping/tree removal within an upland review area. William Brundage and Brenda Nadeau were in attendance. A site map was submitted as requested at the previous meeting showing where the trees have been removed and fill to be placed. Mr. Brundage stated that no additional work has been started. S. Sackter asked if Mr. Brundage noticed any improvement with the water issues since the trees have been cut. Mr. Brundage indicated that the property is a little bit drier than what they had last year. J. Kaufman asked the difference in the elevation from the house to the wetlands. Bill Donovan stated that there is probably less than a two foot difference in the elevation. The commissioners discussed the issues caused by the perforated pipe that was installed by the Town within an easement on an abutting property. C. Wentworth asked what the next step is. Mr. Brundage stated that he spoke at the site walk about putting down another 4-6 inches of fill in the back yard to relieve water conditions. The commissioners stated that putting more fill in may not improve the conditions and may actually cause more problems with the septic system. J. Kaufman stated that he would like to see the Town replace the perforated pipe with a solid pipe. Brenda Nadeau stated that they have been to the Town repeatedly regarding the storm water pipe and she doesn’t know what more she can do to get the pipe replaced. Bill Donovan stated that Chesprocott did some testing off the end of the pipe and there was a question whether there was septic effluent getting into the pipe. J. Kaufman stated that if the pipe is causing problems with the septic system and consequently the runoff is polluting the wetlands, something needs to be done.
Motion by J. Kaufman, seconded by C. Wentworth to approve Application #01-09 of William Brundage and Brenda Nadeau for the removal of 13 trees and the soil already put in to replace the tree stumps at this time. No additional soil is permitted to be brought in pending more information as to the status of replacing the perforated pipe. Under discussion, J. Kaufman stated that the reason for not allowing additional soil to cover the area is because there is evidence that there may be a perforated Town pipe that may be picking up effluent from the septic system area and depositing it in the brook. The commission will need additional input regarding possible replacement of the pipe. The vote on the motion was Unanimous in favor. W. Donovan will follow up with the Mayor and once there is some response from the Town, Mr. Brundage may come back with a new application for the landscaping.
b. Application #06-09 – Richard Brown, 35 Salem Road. Proposed shed within a regulated area. The applicant was in attendance. The commissioners had no additional comments or concerns. Motion by C. Wentworth, seconded by J. Kaufman to approve Application #06-09 of Richard Brown for a shed within a regulated area at 35 Salem Road as presented. Unanimous.
c. Review of Regulations/Fee Schedule. Set public hearing date. W. Donovan submitted a memo dated May 11, 2009 regarding a proposed amendment to Section 19 of the regulations for “after-the-fact” application fees. The proposed amendment would impose charges based on projected costs that the Town would incur as a result of work in progress, or finished work that requires additional administrative duties, site inspections, engineering review, public hearings, etc. J. Kaufman stated that he doesn’t feel that additional fees would be necessary in every instance if people were cooperating and he had concerns with the commission having to justify such fees if imposed. W. Donovan stated that any applicant could come to the commission to discuss the fee and the commission could make the decision at that time as to whether the additional fees are warranted. Bill stated that any proposed amendment to the fee schedule would require notification to the DEP and a public hearing. J. Kaufman stated that before referring the fee schedule change to the DEP he would like the commission to consider some language changes to address the proposed Open Space Plan and suggested that a date not be set for the public hearing until the Open Space Plan is presented at the next Planning & Zoning Meeting. The commissioners agreed to wait on setting the public hearing date until the next meeting. Through publications W. Donovan receives from the State, recommendations have been made to include a requirement for applications needing a public hearing that the applicant be responsible for notifying abutting property owners. Another recommended change is requiring a covenant be signed by an easement owner when an applicant is proposing a regulated activity within a conservation or preservation easement. Bill will put together language for the next meeting for discussion.
Enforcements:
a. William Brundage & Brenda Nadeau, 143 Plank Road. Activities in a regulated area without a permit. No additional comments.
b. Jeffrey Andrews, 5 Spring Road. Violation of Inland Wetlands Permit for deposition of fill materials and above-ground pool within an upland review area. W. Donovan stated that the grading work has been completed and the 2-1 slope was nicely done. As of his visit last week, Bill stated that the slope had not been covered, but he was confident that Mr. Andrews would not want to jeopardize the work already done by not completing the cover. The additional $100.00 fee for the pool is still due. W. Donovan will follow up with Mr. Andrews regarding the fee and completion of the ground cover. C. Wentworth asked if a plunge pool was installed. W. Donovan stated that he was not sure if the plunge pool was installed. J. Kaufman stated Bill could remind Mr. Andrews of the plunge pool as well.
New Business: None
Public Hearings: None
Public Participation:
J. Kaufman gave the commissioners present a draft copy of the proposed open space plan stating that the committee is still making some changes. The Open Space Committee will be presenting the plan to the Planning & Zoning Commission in the near future and J. Kaufman would like the IWC to consider adding language to the wetland regulations to address the open space plan.
Land Use Inspector’s Report:
C. Wentworth stated that he visited the Sima property on Sherwood Drive and it looks as if vehicles have been driving over the wetlands and some filling in of wetlands has taken place. There is also all kinds of debris within the regulated area and all of the test pits are still open. W. Donovan stated that he sent a letter to Mr. Sima instructing him to apply for a wetlands permit if work is being done within a regulated area. The commissioners instructed Bill to contact the health district to look into the matter as well.
Motion by J. Kaufman, seconded by C. Wentworth to adjourn at 8:02 p.m. Unanimous.
Stephen Sackter, Chairman