City of Rochester, NH - Conservation Commission Minutes 6/7/06

Minutes - Minutes of May 3, 2006 regular meeting were reviewed. Mark Toussaint noted that he was marked as excused, when in fact he arrived late and was mentioned throughout the meeting. Rose Marie Rogers asked why the recommendation that were made on the Trinity project were not all listed in the Chief Planner’s recommendations. Ms. Cormier will check on that.

Paul Marshall made a motion to accept the minutes once Mark is listed as arriving late, and Ms. Cormier looks into the Trinity recommendations. Mark Toussaint seconded the motion. The motion passed unanimously.

Scott Lawler Norway Plains Associates, representing Chris Cote who was also present, had new plans showing changes that were made after the site walk.

He stated that Mr. Cote had received his driveway permit, but that Public Works changed the location of the driveway. He also stated that due to some clerical issues, the wetland buffer lines were not clearly shown, and some fill was done in the buffer. Rick Lunborn, Norway Plains Associates, had presented information to the Commission at the last meeting, and there were drainage issues in the neighborhood.

After the site walk, Mr. Lundborn drafted up the changes. Mr. Cote is to remove almost 4,000 square feet of disturbed area, and approximately 2,000 square feet will still remain in the buffer. The 1^st 25 feet out from the wetland must be returned to a natural state, it cannot be seeded.

Ms. Rogers asked about the surface of the driveway. Ms. Cormier said the driveway is considered an access, and can be impervious surface. Mr. Cote said he will do whatever the City requires for the driveway.

Mr. Marshall suggested that it would be a good idea to have someone from Public Works come to the Conservation Commission meetings, in cases like this, to explain their reasoning for the driveway placement.

Ms. Cormier explained that the original application is not available to be reviewed. If the original plans showed the buffer, Jason or Tom (Public Works) would see it. They did give Mr. Cote his driveway permit, which has to be given before the building permit is issued.

Mr. Winders asked that a silt fence be put in the back part of the property to protect the rest of the wetland, and stated he hopes the area does not “creep”,

a situation that often happens when an area is not flagged He also asked Mr. Cote about placing a rock to keep people from accessing the back of the property.

Mr. Toussaint suggested that this be one of the cases where the Planning Board require the use of markers. These are to be put on the metal fence posts, so they will not be easily removed. They should be placed every 15 feet.

Paul Marshall made a motion to approve this conditional use with the buffer line being marked, with the rehabilitation being whatever DES recommends, makers put up, and a silt fence be put up along the line in the back.

Mr. Cote spoke to Ms. Cormier about some information that was on the City web site that doesn’t appear to be easily understood. Ms. Cormier stated she would check into it.

Scott Lawler, Norway Plains Associates, stated this case has been before the Conservation Commission before. He showed the Commission the sewer plans, and answered questions including the slope of the land, the layout and size of the sewer pipes, and the upgrading of the trails.

The Commission suggested the trail areas that cross the wetlands be covered with 18 to 24 inches of loose rock, covered by fabric then 6 inches of sand and 6 inches of stone dust.

Mr. Lawler asked if the Commission would send a letter to DES, in favor of this project and also send their recommendation to the Planning Board.

There was discussion about the detail on the 11 x 17 plans being hard to see. Ms. Cormier stated the areas of interest could be enlarged. She will look at the check list to see what is currently required from the developer in regard to the number of plans and sizes.

Mr. Winders was concerned with the use of the word “potential” reduction line on many of the plans submitted by Norway Plains and would like to see them just put “buffer”. He asked when the City Council is going to be voting on the Conservation Commission Overlay District.

The Developer had not been notified that this case was going to be in front of the Commission tonight. There was discussion about how to proceed. The Commission does not have any information about what is to be used for mitigation. It was decided that a letter will be sent to DES asking for a 30 day extension (the letter will need to be written by June 14^th)

a) Grandview Campground - Ms. Cormier stated that they have until sometime mid June to take care of some issues for DES, she will check with Codes to get the exact date.

c) 7 Ledgeview Dr. – culvert in stream with a tent type structure over the stream. Mr. Toussaint spoke with the owners, they were surprised and upset. They stated the culvert has been there for at least 11 years. It is really just a ditch to move water from the apartments behind that lot.

After some discussion, it was decided that this is grandfathered, and no further action will be taken by the Commission. Mr. Toussaint advised the Commission that he asked the owner to move the boat that was parked there, to eliminate any motor oil from seeping into the ground by the culvert, and he said he will contact them and let them know that no action will be taken.

d) 16 Gina Drive – Jeff Winders spoke with Oscar Somerset about his adding a garage by his mobile home. If he does not attach the garage it has to be 10 feet from the mobile home. There is a wet area there that could be a seasonal brook. Mr. Winders will have Dave Price, DES, check on this the day he is in the area. There are several sites that Mr. Price will review. Mr. Winders walked the area and saw where

this water goes under the road. There is a house off to the right that has a lot of junk in the back yard. There is a bad erosion problem and about 100 feet from the road there is a car in the middle of this stream, no tires, but tires inside the car, and the water is just flowing around and through the vehicle.

There was discussion about how to handle this, In regard to the abandoned vehicles regulations. Ms. Cormier will alert the Code Department so they can check this out.

NOTE: Need to check to see if Fred Glidden, Jack Hackett and Jeff Winders took pictures of the following sites: Brenda Lane, Aloe Pines – Ten Rod Rd., both sites on Eastern Ave. and Unity Street.

Mr. Marshall was going to meet with Mr. Morino the week of the flood, so at this point they have not had their meeting. He hopes to have a report for the next meeting. Mr. Morino said there is already one certified City forest in Rochester, and two others that would qualify.

George Bailey Memorial discussion – The Commission discussed ideas of what to do to honor Mr. Bailey. The County has already planned to do something, but the Commission feels they want to do something separately. They discussed planting a chestnut tree, or several trees, and asking Don Black to be involved. Ms. Rogers will contact Mrs. Bailey and ask if there is something she would prefer to be done.

The Commission discussed doing something at the Fair. Meredeth Lineweber stated she is there every day, and the Commission could put up a display in one of the barns. They also discussed putting a display in the 4H building. The Commission talked about having more than just the brochures, possibly having some pictures of some of the Conservation areas. If some kind of portable display is constructed, it could be used at other locations as well. Commission members are to e-mail their ideas to Cecile Cormier.

Ms. Lineweber reminded the Commission members of the Fair Committee get- together held each summer, usually on a Thursday evening. The chicken is supplied and people bring pot luck dishes.

The Commission discussed the developer, the lot and the placement of the foundation. Both Ms. Rogers and Mr. Glidden felt that the Zoning Board of Adjustment does not realize the value of preserving the wetlands. This case is what has prompted Mr. Glidden to generate a resolution (discussed later on in the meeting). The Commission discussed the responsibilities of the developer and engineer to KNOW where the wetlands are and to follow the rules and regulations now in place to protect them. There was much discussion about what kind of a recommendation the Commission should make to the Zoning Board. It was finally decided that several issues should be addressed in the recommendation.

Paul Marshall made a motion to recommend that the Zoning Board of Adjustment deny the variance to permit placement of piers and deck and steps within the 50 foot wetlands buffer and the fill extension and lawn into the 50 foot wetlands buffer, for the following reasons: The foundation is already in the buffer, and granting this variance will only cause more intrusion into the buffer, adding a deck and lawn will only compound the error that required the prior variance, and that based on information provided to the City, the developer plans to use pressure treated material that is specifically not allowed in wetlands buffer zones.

Also, if the Zoning Board of Adjustment can legally address their prior decision, the Conservation Commission recommends that they re-consider case #2006-18 which granted an equitable waiver allowing the foundation to be in the buffer.

Rose Marie Rogers, Jeff Winders, Paul Marshall, Meredeth Lineweber and Fred Glidden. Mark Toussaint voted against the motion. The motion passed.

Each member had received a copy of the Resolution that Fred Glidden had written up. After much discussion it was felt by the majority of the Commission members that the first part (the first paragraph) should be a resolution, and the remainder should be put in letter form, and presented to the Zoning Board of Adjustment. (with remarks dealing with a specific case). Ms. Cormier will look up the RSA regulation and include a quote on the duties of the Conservation Commission. All members were encouraged to make any changes/corrections they felt necessary and get the information to Fred Glidden. He will e-mail a final draft to Cecile, she will review it and bring it to the next meeting.

b) Ms. Rogers stated she had spoken with the City Manager regarding the money needed for the survey of the reserve piece of land connected to the Gagne Farm. The Commission needs to vote to spend the $9,500.00 for the survey

Mr. Winders informed the Commission of the money available, and already spent for this project. After some discussion Mark Toussaint moved to spend the $9,500.00 for the survey. Paul Marshall seconded the motion, The motion passed unanimously.

c) Ms. Rogers informed the Commission that the City Council, at their meeting the prior evening, had decided not to give the Conservation Commission the current use money, but to refer it back to the Finance Committee. The Finance Committee is meeting next Tuesday evening at 7 p.m. (June 13^th)

Ms. Rogers said that one of the Council members said if anyone is in favor of the money going to the Conservation Commission they should show up and let them know, so Ms. Rogers is requesting that each Commission member be at the Finance Committee meeting – and bring 5 other people. She asked Mr. Winders to invite the people the Commission has worked with in the past with easements. The more people there, the better.

d) The Chair had received an interesting request form for a Grant, “Student Conservation NH Conservation Core”. The paperwork was passed around and there was discussion about possibly splitting it with the Recreation Department. It was given to Mr. Toussaint to review.

Ms. Rogers advised the Commission she will be on vacation starting June 20^th, and will not return until the third week in July. The date for the July meeting would be July 5^th. All members agreed to move the meeting to Wednesday,

At 9:55 p.m. Paul Marshall moved to come out of non-public session and seal the minutes. Jeff Winders seconded the motion. The motion passed unanimously.

Mr. Winders asked the Chair if she would request the City Council to contact the Heritage Commission to have them release to the Conservation Commission the list of endangered species on private land in Rochester. They require a written request from the City Council to release the list.