Wilton Conservation Commission – Minutes of 14 August 2006
Present: Les, Alan, Spencer and Lynne. Laurence is on
vacation. Citizen Jessie Salisbury. Ms.
Pinet and Mr. Thigpen for their ZBA application
discussion.
Jim Tuttle, Chair of the Wilton Water Commission, and Alec MacMartin,
representing the Wilton Planning Board, also for that discussion.
- Review Minutes: Minutes of the 12 June and 10 July
regular meetings, and 19 June work session were reviewed. Les moved to approve the minutes;
seconded by Spencer. Passed. Lynne
abstained from voting on the 19 June minutes as she was not present at
that meeting, and Spencer abstained from voting on the 10 July minutes as
he was on vacation at the time of that meeting.
- 2006 Budget: No activity.
- Four Corners Farm – Asbestos/Creosote Issue:
Spencer presented a letter he had written on behalf of the WCC to
the landowner, Steven Moheban, regarding the
need for the immediate removal of the concrete-asbestos pipes and the
pressure- and creosote-treated poles which remain
on the property. Spencer has
previously been in contact with Mr. Moheban with
no results, except the removal of the metals. Spencer has recently been in contact
with LCHIP and USDA, both of whom hold an executory
interest in the property, and they have indicated that if the hazardous
materials are not removed by September 15, 2006, they may invoke their executory interest rights and take ownership of the
easement. We would like to avoid
any such situation. This letter must be signed by the Selectmen, so Spencer wanted to
have the Commission review the letter for approval prior to presenting it
to the Selectmen at their meeting tonight.
This letter has been approved by the NH Attorney General’s Office
and they have indicated that if the appropriate action
is not taken by the landowner, the next step will be to send a
letter via certified mail with a return receipt requested. The letter was
reviewed and a brief discussion was had. Les moved that we approve the letter;
seconded by Lynne. Passed unanimously.
Spencer was then called in to the Selectmen’s meeting. When he returned, he informed us that the
Selectmen approved the letter and will sign and send it.
- Land on Route 31 South
near the Town Wells: At this
point, the Commission broke from the Agenda, and met as scheduled at 7:30 PM, with Jim Tuttle, Chair of the Wilton Water Commission, regarding land on
Route 31 South near the Town Wells.
Jim showed us a map of parcels
near the location of the Town Wells.
The Water Commission is interested in possibly purchasing a parcel
of land (Lot E-24) in order to increase the amount of protected land near
the wells. At
this point in time the landowner is not interested in selling. There is an old residential trailer on
the property which presents the potential for
certain hazardous materials to enter the soils and travel to the
wells. The Selectmen have told the
landowner that the trailer must be removed by
November. Spencer and
Jim
both have information on grants that may be available to
assist in the purchase of the land.
A lengthy discussion was had regarding
this parcel and others in the area, as well as the geology of the area and
how it affects the wells. After the
discussion, Spencer moved that the Conservation Commission work with the
Water Commission and the Selectmen to investigate a procedure for purchase
of Lot E-24 and and further investigate Lots
E-25 and E-30 for possible purchase.
Seconded by Les. Passed unanimously.
-
Barbara Pinet and Leslie Thigpen, Lot A-64, Burton Highway:
Barbara Pinet
met with us regarding the application by herself and Leslie Thigpen for a
variance to Section 14.3.3 of the Zoning Ordinance on their property, Lot
A-64, which borders Mill Brook in the Watershed District and therefore has
certain stringent restrictions.
At the
Zoning Board of Adjustment meeting on 08 August 2006, after a lengthy discussion, the Board stated it did not
have enough information to make a decision and came up with a list of
information that would help them make a decision. The list included “concrete proposals for
realistic, enforceable permanent restrictions on the property to protect the
water supply, preferably to be developed in
consultation with the Conservation Commission and the Water Commission.” Therefore the
Conservation Commission hosted this meeting, and we were joined by
Jim Tuttle, Chair of the Wilton Water Commission, and by Alec
MacMartin, representing the Wilton Planning Board.
Ms. Pinet stated they are very receptive to coming up with
permanent restrictions on the property.
Alec asked if Meridian had mapped out where the house is going to be. Barbara stated
that map should be finished by the next ZBA meeting. Alec stated that to the extent the owners can move all the activity beyond the spot presently
indicated, that’s what he understood the ZBA and possibly Planning Board, would
be looking for. That is, moving the
house and all the associated activities further away from the brook and the
Watershed setback.
At
present, the house is proposed on the only relatively flat spot on the lot,
except for up at the top. The Owners
would prefer not to build at the top of the lot. A discussion was had about the access to the
lot (the proposed driveway) across the Taylors’ lot and a wetlands, as well as
any access to the top of lot which would need access via the Taylors’ other lot off Duggin Road.
A lengthy
discussion ensued, and the following points were noted:
Jim:
-
think about putting
the garage under the house as this would reduce the disturbance to the land
-
the finish grade on
the septic system is 2 feet higher than the existing land so most of the fill
would be between the house and the leach bed unless you pump up to it
Alec:
-
other than the
parking, where does all the car stuff take place
-
worried about run-off
on the driveway going down to the brook, really need to keep any run-off away
from the brook by utilizing a swale, rip-rap, or some other solution
-
think about a
retention area or spreader area
-
according to the
zoning ordinances, you can’t increase flowage from the site
-
tough to tell what you
can and can’t do until Meridian does the plan
-
minimize cutting
between the brook and the house area
Alan:
-
think about rotating
the house about 15 degrees to accommodate the driveway, this moves the house
out of the Watershed District area
-
if you go in where the
road is now and then go left, you could pitch the driveway; Ms. Pinet noted that they have been told they will need a
retaining wall on the driveway
Spencer:
-
rotating the house as
Alan suggested would keep the house and the septic off the Watershed District
-
concerned with the
material on the driveway
-
one easement would be
not to ever subdivide the lot
-
another would be that
the house remain a single family dwelling and not a duplex
-
would like a 30-foot
riparian way along the brook for fishing
-
driveway and parking
must be minimized
-
if the driveway could
be permeable, that’s better
A discussion
was also had relative to the septic system and whether
or not it would or could be moved.
Jim stated
that it’s easier to have it behind the rocks. Alec noted that all things considered, it’s
better to be further away from the
Watershed District line. Spencer said that
there should be a note on the plan and the deed that any other septic system which might replace this one at any time in the future
must be out of the District.
Ms. Pinet noted that she expected Meridian to have all the maps and drawings completed by the time of
next month’s meeting. However, WCC’s next meeting is only the night before the ZBA’s next meeting which would not
give us enough time to review the new materials and come up with some realistic
solutions and/or easement/covenant provisions.
After a
further brief discussion, it was agreed that the Owners would come back to the
Conservation Commission next month (September 11th
meeting) with all the new maps and drawings to continue this discussion, and
then go on to the ZBA September meeting (September 12th) where they
would ask for a continuance. Spencer
made a motion to table this discussion until next month’s
meeting when we have more information to make some realistic
recommendations. Seconded
by Les. Passed
unanimously.
This
discussion will continue at the next WCC meeting, September 12, at 7:30 PM, with Ms. Pinet,
Jim Tuttle and Alec MacMartin.
Back to the
items on the Agenda.
-
At the July 11 ZBA
meeting they were to have considered a request by Martha Greene to subdivide
their 20.50 acre property located at 194 Curtis Farm Road to permit two reduced
frontage lots where there is not the required amount of frontage on Lot
B-56. That request was
continued by the Board to July 18.
At that meeting there was a significant and lengthy discussion regarding
run-off and erosion problems in that area of
Curtis Farm Road and whether or not a subdivision of the
Greene’s land would exacerbate that problem. In the end, ZBA
granted the variance.
-
ZBA to write the
decision notice in the Zahn/Kennedy gravel pit
application matter. Have
not seen that.
-
August 8 meeting was Pinet/Thigpen, Lot A-64, Burton Highway.
-
Upcoming
meeting of September 12: Continuance of Pinet/Thigpen; Millward/Buonamano
request for a variance to Section 6.2.5 to permit installation of septic system
disposal field in the setback on Lot B-131, 956 Isaac Frye Highway; Harwood
request for a variance to Sections 5.2.1 and 5.2.2 to permit subdivision of
Lot-28, Gibbons Highway into two lots one of lwhich
would have less area and frontage than required.
- Planning Board: At the July 19 meeting:
-
New Spartan Properties
Riverwalk Cluster Subdivision: the “conservation easement” has been changed to a “trail easement”.
-
Westview Farms (Ben Holt Land) subdivision: a continuance was requested by the Applicant.
-
Application by Jerry
Greene and New Spartan properties for a lot line adjustment does not present
any significant issues for WCC.
-
Application by J.
Priscilla Bergeron to subdivide a lot she owns on Marden Road does have a concern about a possible wetland
crossing. The applicant will work on an
alternative plan to avoid the wetland crossing.
·
Violations and Complaints:
Mrs. Blagbrough has contacted WCC
and the Planning Board about possible violations by A&T Forest Products on
Lots A21-1 (wetlands crossing violation) and Lot A-30 (removal of soil). She is also concerned that stonewalls
have been removed on both properties and have never been put back. Follow-up and discussion with Planning Board is needed.
- McKay Dredge & Fill Permit: Awaiting a site walk date by DES. Spencer and Les will definitely attend;
Alan will attend if he can make it.
- DES Hearing of 15 December
2005 regarding
Granite State Concrete (unpermitted
generator on site): Still no
answer from DES at this time. It was agreed to keep this item on the agenda.
-
Hoover Easement: Spencer stated that Town Counsel
sent a letter to Mr. Hoover’s attorney and he is awaiting a response from
him.
-
Main Street:
Spencer has been discussing with the Road Agent (Steve Elliott) and
NRPC the upgrades that are to be made to Main
Street.
Spencer’s concern is about the storm water drainage, and that
upgrades should take new storm water drainage standards
into account while the work is being done in order to avoid digging
it all up to fix it for the new storm water drainage standards. Steve Elliott
and
NRPC have indicated to Spencer that they are already planning to put in drainage which will be more than adequate. NRPC will give the Town the
specifications for the new standards.
Spencer and Steve have been investigating the underground streams
downtown. Questions remain about
the stream that is near the Catholic Church, but it appears there are no
underground streams that come down to Main Street
from behind the Town Hall to that section of Main
Street which will be worked on. He will check with Charlie
McGettigan.
- Frog Pond: Spencer reported:
-
Brook is low, not
running; why is that? Is the water being
siphoned off by the lawn watering going on at the ballpark
at the bottom of Carnival Hill? Needs follow-up.
-
Under the spillway, there’s a hollow, where possibly an animal is digging a
hole. Les and Alan will take a look.
-
The cement on the dam
is in pretty good shape, but does it need to be
fixed. Alan suggested hydraulic cement
-
Grass needs to be cut again on the dam.
Les moved that we authorize Alan to do that. Seconded by Spencer. Passed. Alan abstained.
-
Farmer didn’t cut the field all the way back when he mowed. Spencer moved we spend up to $500 to have
Alan brush hog the field edges and parts of Carnival Hill if necessary. Seconded by Lynne. Passed. Alan abstained.
- Carnival Hill: The barrier from the parking lot to the
hill has not been installed yet.
- Four Corners Farm: See Asbestos/Creosote Issue above.
- NRI:
Spencer reported that he has been in communication with David
McGraw at SPNHF and David thinks he has everything he needs except lot line maps.
Spencer will check with Dawn
Tuomala for those.
-
Local
Open Space – No activity.
-
Souhegan
Watershed Association – Working on signs for the river (Souhegan River as
Designated River).
-
Souhegan River Local
Advisory Committee (SoRLAC) – Bacteria Count
Project: Spencer stated he had met with Dion Lewis and Steve Elliott to see where the high count is coming from. They originally thought it was coming from
somewhere near the Catholic
Church/Clark Court/Russell Street area, or near the Wilton Service Station. As of the last couple reports, the count is
actually very good, so it could be that it was coming from near the garage
because the Town fixed a leak by the Service Station on Main Street. They will continue to follow this.
-
Regional Open Space
Team (ROST) – Work on trails website proceeding very well.
-
Souhegan Valley Land Trust – No activity.
Meeting adjourned at 10:40 PM.
Minutes Submitted by
Lynne Draper
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