COLCHESTER CONSERVATION COMMISSION
PUBLIC HEARING & REGULAR MEETING
Wednesday, March 11, 2009
Bacon Academy Cafeteria – 7:00 p.m.
Members Present: Chairman Gary Avery, Vice Chairman Falk vonPlachecki, Mary Bylone,
Moe Epstein, Kurt Frantzen, Sue Bruening (7:11p.m.)
Members Absent: Darrell York, Andy George
Others Present: Jay Gigliotti, Wetlands Enforcement Officer
1. Public Hearing
Voting Members for Public Hearing: Chairman Gary Avery, Vice-Chairman Falk vonPlachecki, Mary Bylone, Moe Epstein, Kurt Frantzen
W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot ;26 and WB-ARC LLC, 160 South Main Street, Assessor’s Map 12, Lot 32-1. Application to expand the existing building, construct a new free standing building, and revise the storm water drainage. (to be continued)
Chairman Avery called the Public Hearing to order at 7:00 p.m. Due to improper notification by the applicants attorney Chairman Avery said the hearing could not be held this evening and would be postponed until the next regularly scheduled meeting on April 7, 2009.
M. Epstein motioned to close the public hearing, seconded by F. vonPlachecki. All members present voted in favor. MOTION CARRIED. Chairman Avery closed the public hearing at 7:02 p.m.
Chairman Avery called a 10 minute recess to allow time for additional citizens to arrive. The location of the meeting had been changed at the last minute from Town Hall.
(S. Bruening arrived at this time and became a voting member for the Regular Meeting.)
Regular Meeting
2. Call Regular Meeting to Order: Chairman Avery called the meeting to order at 7: 12 p.m.
3. Additions to Agenda: F. vonPlachecki motioned to add to New Business: 65 Standish Road, new driveway going through wetlands, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
4. Approval of Minutes February 11, 2009: F. vonPlachecki motioned to approve the minutes of 2.11.09 amending minutes under item 5a) to read M. Epstein motioned to accept @2009-2908, and item 6a) to read Wes Wentworth. The motion was seconded by S. Bruening. All members present voted in favor. MOTION CARRIED.
5. Public Comments: None
6. New Applications: None
7. Pending Applications:
A. W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot; 26 and
WB-ARC LLC, 160 South Main Street, Assessor’s Map 12, Lot 32-1. Application to
expand the existing building, construct a new free standing building, and revise the
storm water drainage. DRD 4.17. 09.
F. vonPlachecki motioned to accept a letter from the applicant granting extension until May 13, 2009, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
B. W2009-2989, Settler’s Green LLC, 312 Lebanon Avenue, Assessor’s Map 05-06 Lot
003-000, Development of Business Park parcel for mixed use including commercial and
Residential, 630 sq ft of direct wetland impact and lot clearing. DRD 4-17-09:
J. Gigliotti gave a brief overview of the application asking commission members focus on the direct impact on the wetlands due to sidewalk instillation and on water and sewer lines.
David Dickson and Matthew Duvet of Milone and MacBroom spoke on behalf of the project pointing out site elevation. There will be a single storm water drainage wet bottom basin that will contain habitat. There will be indigenous plantings are buildings. Numerous Best Management practices have been incorporated into the design. There will be sediment traps as well as a barrier to prevent sediment runoff. DEP has been approached about the possible need to widen the road in the area. Approximately 66% of the property will remain green.
F. vonPlachecki questioned this percentage saying that the green area shown on the plan does
look like 66%.
J. Gigliotti is expecting to receive new plans that will address all staff comments.
F. vonPlachecki motioned to table W2009-2989 for staff review, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
C. W2008-2907, Mackey’s 132 Linwood Avenue, Wetland crossing, modification to
Existing permit: smaller footprint. Letter of Extension submitted DRD 3.20.09.
All staff concerns have been addressed. Drainage calculations have been received and are at an
acceptable amount.
F. vonPlachecki motioned to accept the a letter from the applicant granting a thirty day
extension, seconded by K. Frantzen. All members present voted in favor. MOTION
CARRIED.
F. vonPlachecki motioned to table W2008-2907, seconded by K. Frantzen. All members
present voted in favor. MOTION CARRIED.
F. vonPlachecki motioned to reopen W2008-2907 due to procedural errors, seconded by
M. Epstein. All members present voted in favor. MOTION CARRIED.
Mr. Pelletier reviewed with the commission the current updated plans.
F. vonPlachecki motioned to rescind his motion to table W2008-2907, seconded by
M. Epstein. All members present voted in favor. MOTION CARRIED.
F. vonPlachecki motioned to approve W2008-2907, seconded by M. Epstein. All members
present voted in favor. MOTION CARRIED.
8. New Business:
A) 65 Standish Road, new driveway going through wetlands: Richard Schulman, owner, explained he would like to construct his own driveway. He currently shares a driveway and feels the way the driveway curves prevents emergency access. He owns 198 ft. of frontage on Standish Road. F. vonPlachecki recommended he talk to the Zoning Enforcement Officer and Town Engineer to see if they would even allow a driveway in that location. Mr. Schulman said that it was already approved by Planning and Zoning a few years ago. Based on the documentation that was shown it appeared that he had not actually been approved by Planning and Zoning but had met with them for a preliminary review. Obtaining an easement and widening the turn to provide more room for emergency vehicle access
was recommended by the commission as a much cheaper and easier solution to the problem.
9. Enforcement:
A. Mr. and Mrs. Rioux, 215 and 219 Lakeview Drive: Some plans have been received. Mark Reynolds and Jess McMinn were present on behalf of Mr. and Mrs. Rioux.
Mr. Reynolds showed a Google earth image and pointed out where he believes the original water line based on undisturbed area and water marks on the rocks. A stabilization plan was presented proposing the hay bails continue to be used to prevent runoff due to the disturbed area being saturated at this time. Mr. Rioux would then leave the rock wall where it is currently, causing the least amount of additional disturbance, bringing it up hire and packing tighter. The pipe should be removed and replaced with a solid pipe.
The DEP will start to raise the lake at the end of March.
The commission members did not feel the wall could remain where it is allowing someone to increase their property size by expanding it into an area in which is not owned by them. Various possibilities were then discussed. Due to the water level being brought up soon it was decided the existing wall will be left where it is temporarily and used as a damn when building a wall back where it originally was. A permit process needs to be started and updated plans received by the next meeting.
10. Conservation: None
Correspondence:
A. DEP Training Session I & II: Training is being offered if anyone is interested.
B. Fees: Fees of other towns were researched. All towns have raised their fees drastically. J. Gigliotti said he took the median fee in determining the proposed change in fees for Colchester.
M. Bylone motioned to recommend the proposed application fees as presented to the Board of
Selectmen, seconded by K. Frantzen. All members present voted in favor. MOTION CARRIED.
C. April Meeting: The April meeting will be held on Tuesday, April 7, 2009 at Cragin Library.
11. Adjournment: M. Epstein motioned to adjourn, seconded by F. vonPlachecki. All members present voted in favor. MOTION CARRIED.
Chairman Avery adjourned the meeting at 9:03 p.m.
Dawn LePage, Clerk
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