Town of Auburn

Conservation Commission

January 13, 2010

Present:          Alan Villeneuve, Jeff Porter, Anne Gagnon, Duffy Smiley and Paul Raiche. 

Guests:             Keith Martel, Todd from Sublime and Tom

Jeff Porter called the meeting to order at 7:04 pm.

Wetlands Proposed Ordinance Changes

Jeff Porter started discussions regarding levels of wetlands. Levels 1, 2a, 2b and 3.

·        Commission reviewed the Mark West’s plans illustrating these levels

·        Clarify that vernal pools need to be protected by at least 125’

·        Wetland levels

·        Slope of property should have a lot to do with setbacks.

·        Accessory structures of 500 square feet or less the Zoning Board is proposing to be only 75’ from wetlands rather than 125’ as is stated currently.

·        Planning Board should change the definition.  Changing protection within the level.

·        Commission reads over and reviews the proposed ordinance change.

·        Level 1 is 2 acres or larger and has at least one function.

Alan has a question for the Planning Board.  “How do you intend to protect our prime Level 1, 2a, 2b and 3 wetlands compared to other the other wetlands that fall under your Level 1 definitions?”

·        Level 1 includes Tiers 1, 2a, 2b and 3 and vernal pools.

·        Redefine levels is what needs to be done.

Alan makes a motion to request the Planning Board not allow an accessory structure as a permitted use within 125’ of any Tiered wetland (1, 2a, 2b and 3) by Mark West, any vernal pool or any body of water, brook or stream.  Anne seconds the motion.  All in favor. 

More discussions ensued regarding the proposed ordinance changes.  Commission wants to provide the best protection of the wetlands. 

Secretary is asked to draft a letter addressed to the Planning Board encompassing this motion before the Planning Board meeting next Monday night, January 18, 2010.  Letter will be sent to Conservation Commission members for approval and then forwarded to Denise before the meeting.

Guests come into meeting at 7:55pm:

644 Chester Road

Todd from Sublime began discussions regarding the property at 644 Chester Road.

Discussions ensued regarding this topic.

·        Todd notified the members that they were required to submit details of their mitigation package to DES by December 31, 2009 and did so.

·        Commission members reviewed the updated lot development plans.  Plans showed the conservation easement proposal. 

·        Commission would like notification if DES does a sitewalk.  Todd will e-mail notification.

·        They are requesting to reduce buffer requirements on individual lots because they feel they fall under the 2008 zoning ordinance and not the 2009 ordinance.

·        Twenty-one (21) individual lots are affected.

·        No waiver requests will be made for back wetlands.

·        They are providing approximately 200 plantings along the duck pond and road crossings on this property.

·        Culverts are 18” and 24”.  Culverts flow from west to east.  The water is relatively static.  They will be replacing disrepaired culverts with the same size.

·        Full drainage report has been completed.  DES has reviewed and Stan-Tek has also reviewed drainage report.

Commission begins reviewing the lot plans.  After reviewing plans:

1.      Lot 3:  Proposed setback of 80’ on one side of the property and 90’ on the other side of the property.  House and septic cannot fit into the 125’ setback.  Alan is concerned about going into the existing vegetation line and there is open water. Keith will placard prior to the cutting of the tree lines.  Alan makes a motion to support the reductions on Lot 3, as presented.  Anne seconds the motion.  All in favor.

2.      Lots 4 – 5:  Proposed setback of 75’ in front of both lots and 125’ on backside and 75’ on both sides for houses, septic and yard space.  Stan-Tek doesn’t want wells to encroach on each other or go into the street.  Commission would like to make a recommendation to move the wells on all of the lots toward the front of the property.  Alan makes a motion to support lots 4 and 5 with the strong recommendation that the wells be brought forward out of the 125’ buffer line in the rear.  Jeff would like the existing vegetation to stay in place.  Anne seconds the motion.  All in favor.

3.      Lots 6 – 7:  Proposed setbacks are 75’, 85’ and 100’ on sloped lots.  Alan is concerned about final house placements when finally built.  Alan also was concerned about stumps.  Builder plans on grinding and using the stumps for erosion control and not bury them.  Alan would like that written into the agreement.  Alan makes a motion to support waiver.  Anne seconds the motion.  All in favor.

4.      Lots 9 – 10:  Proposed setbacks are 100’ to allow for yard, septic and wells.  Alan makes motion to accept as presented.  Jeff seconds.  All in favor.

5.      Lot 11:  Proposed setbacks to 90’ on side.  Well is located in front of property.  Alan makes motion to support setback.  Anne seconds.  All in favor.

6.      No waiver requests for Lots 12 – 16.

7.      General Issues that are also addressed are:

·        Potential deed restrictions banning the use of chemical pesticides and fertilizers.

·        Placarding

·        Wells to be placed toward lots’ fronts, less tree cutting

·        Builder has agreed to include these recommendations in their plan.

8.      Lots 17, 18 and 19:  Request setbacks be reduced to 90’ from edge of wetland.  Lot 18 maybe reworked to flip driveway so that waiver might not be necessary.  Alan makes motion to allow Lot 17 setback at 110’.  Anne seconds the motion.  All in favor.  Lot 18 is removed from consideration and will have 125’ setback and will not need a waiver.  Commission is not comfortable with making an allowance on Lot 19 at this time. Will move on.

9.      Lots 20 – 23:  No waivers required on these lots.

10. Lot 24:  Requesting 75’ setback from wetland to accommodate septic system.  Driveway connects to Willow Court, once built.  Lot 24 will be updated on plans since it was originally in town land swap area.  Alan makes motion to support reduction.  Anne seconds the motion.  All in favor.

11. Lots 25 – 27:  Requesting 100’ setback on each side.  Alan is concerned about the slope of these lots.  After discussions no waiver will be needed on Lot 27.  Alan makes motion to support waiver reduction as requested on Lots 25 and 26.  Anne seconds the motion.  All in favor.

12. Lot 29:  Requesting 75’ reduction to all wetlands around this lot to allow for septic system.  Wetland in back of this lot is isolated.  No vernal pools exist here.  Well is located close to the structure off of the driveway.  Alan makes motion for 75’ north, 85’ south.  Anne seconds.  All in favor.

13. Lot 30:  Requesting 75’ reduction to all wetlands.  Drainage from the developed portion of the lot is away from the wetlands.  Well can be moved toward lot 31 out of the buffer.  Alan makes motion to support reduction to 75’.  Anne seconds the motion.  All in favor.

14. Lots 31 – 32:  No waivers requested on these lots.

15. Lot 33:  Requesting 100’ waiver.  Alan makes motion to support waiver request.  Jeff seconds the motion.  All in favor.

16. Returning to discuss Lot 19:  Discussions ensued about positioning of the house.  Builder agrees that the house can be repositioned. 

      Alan makes motion to accept a 110’ setback.  Jeff seconds the motion.  All in favor.

Builder will send out e-mail confirming these agreed upon setbacks.

Commission wants to reiterate deed restrictions for limiting use of pesticides/fertilizers.

Road crossings for this development will be discussed at the next Conservation Commission scheduled for February.  Builder would like to come back next month to discuss road crossings and other concerns.

Zoning Board Variance Request – Boxwood Drive

Jeff begins discussions regarding this request.

·        Construction of a residential dwelling and detached garage.

·        Needs waiver of 92.9’ for dwelling and 106.5’ for detached garage.

·        Wetland is rated at Tier 4, Level 2.

More discussions ensued regarding the high level of mitigation proposed for this property.

Alan makes motion to support plan as presented.  Jeff seconds the motion.  All in favor.

LCHIP Grant

Duffy informs Commission of status of the grant.

·        $200,000 from LCHIP fund has been accepted.

·        $100,000 must be committed from Auburn Conservation Commission.

·        $400,000 must be committed from Manchester Water Works.

No vote is needed tonight on this issue.  Members will discuss further at next Conservation Commission meeting next month.

Alan made a motion to adjourn the meeting. Jeff Seconds – All in favor.  Meeting is adjourned at 10:20pm.