COLCHESTER CONSERVATION COMMISSION
PUBLIC HEARING AND REGULAR MEETING
WEDNESDAY, MAY 13TH, 2009
TOWN HALL, 127 NORWICH AVENUE
7:00 P.M.
Members Present: Chairman Gary Avery, Vice Chairman Falk vonPlachecki, Moe Epstein, Darrell York,
Sue Bruening, Kurt Frantzen, Andy George,
Members Absent: Mary Bylone
Others Present: Jay Gigliotti, Wetlands Enforcement Officer
1. Public Hearing
Chairman Avery opened the Public Hearing at 7:04 p.m.
Members present at the last meeting on April 7, 2009 would be voting members for this public hearing. Those members were: Gary Avery, Falk vonPlachecki, Moe Epstein, Darrell York, and Sue Bruening.
A. W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot 26 & 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 stormwater drainage. (continued from 3.11.09)
J. Gigliotti presented items for public record.
Applicant’s attorney, David Sherwood, had not comments.
J. Gigliotti said new plans that were submitted prior to the last meeting showed the large detention pond being deleted and the encroachment on the Red Maple swamp greatly reduced. He recommended a conservation easement to eliminate the possibility of any additional encroachment.
Mr. Sherwood was not in favor of the easement. Any changes or future plans would need to be approved by the town if there was not an easement on the property. The owners have extensive maintenance obligation for the two basins. In the future technology could allow additional building to be done but the easement would interfere with doing so. However, while Mr. Sherwood was not in favor of the easement he did not want to press the issue. If the commission felt an easement was needed to approve the application he was willing to accept that.
Chairman Avery opened up the meeting to anyone wishing to speak in favor or opposed. There were no comments.
M. Epstein motioned to close the Public Hearing on W2009-2908, seconded by F. vonPlachecki. All members present voted in favor. MOTION CARRIED. Chairman Avery closed the public hearing at 7:17p.m.
2. Call Regular Meeting to Order: Chairman Avery called the regular meeting to order at 7:18 p.m.
3. Additions to Agenda: None
4. Approval of Minutes 4.7.09: F. vonPlachecki motioned to approve the minutes of the April 7, 2009 meeting, seconded by D. York. All members present voted in favor with K. Frantzen and A. George abstaining. MOTION CARRIED.
5. Public Comment: None
6. New Applications---- To be accepted
A. W2009-2912, Wayne Rioux, Assessor’s Map 13-4, Lot 11, reclaim site as part of enforcement action started in January of 2009 DRD 7.17.09
A letter from DEP has been received stating causing concern with the possibility of severe changes needing to be made to what Mr. Rioux was told to do by the commission at the March 11, 2009 meeting in regards to the
draw down of the lake. J. Gigliotti has spoken with the DEP and they are not planning at this time to drawn down the lake this winter. He has spoke with a man from the Pickerel Lake Association and the association does not anticipating asking for a draw down. If no drawn down takes place the plan will have to change drastically. F. vonPlachecki was concerned with accepting the application at this time due to statutory limitations. If the application was accepted now but the plan needed to be redeveloped due to no draw down it might not be possible to complete such a plan in the statutory requirements. Current pictures of the property were shown. J. Gigliotti would like to talk to the Pickerel Lake association further to determine if they will request a draw down.
F. vonPlachecki motioned to accept W2009-2912, seconded by Sue Bruening. All members present voted in favor. MOTION CARRIED.
B. W2009-2913, Settlers Path, Charles Dutch, Tax Map 6-6 Lot 36, 2-Lot Residential sub division without any municipal improvements DRD 7.17.09
F. vonPlachecki motioned to accept W2009-2913, seconded by D. York. All members present voted in favor. MOTION CARRIED.
C. W2009-2914, Balaban Associates LLC, Balaban Apartments, 64 Balaban Rd., Assessors Map 4W-05 Lot 17-1, New location and drilling of water wells for Balaban Apartments DRD 7.17.09
F. vonPlachecki motioned to accept W2009-2914, seconded by D. York. All members present voted in favor. MOTION CARRIED.
7. Pending applications------ To be discussed and possibly take action
A. W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot 26 & 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 stormwater drainage. DRD 4.17.09
F. vonPlachecki motioned to approve W2009-2908 with a conservation easement recommended by staff to be granted, seconded by D. York. All members present voted in favor with Kurt Frantzen and Andy George abstaining. MOTION CARRIED.
8. New Business---- To discuss and possibly take action
A. W2007-2873, Jordan Alley 12-Lot Subdivision, Request to modify permit: Mr. Flom is considering the possibility of phasing the 12 - Lot subdivision. Staff would like Mr. Flom to turn over the open space before agreeing to the phasing. The commission asked Mr. Gigliotti to handle it administratively.
Enforcement
B. Mr. & Mrs. Rioux, 215 & 219 Lakeview Dr.: Previously discussed in Item 6. A.
9. Conservation: None
10. Correspondence: None
12. Adjournment: M. Epstein motioned to adjourned, seconded by F. vonPlachecki. All members present voted in favor. MOTION CARRIED. Chairman Avery adjourned the meeting at 7:50 p.m.
Dawn LePage, Clerk
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