Commission Mtgs Conservation Commission

RCL Notes of December 17th Conservation Commission Meeting

  1. 1.      0 Wentworth Road, Lot 24, Map 68.  Wetland applications for a driveway with wetland crossing and surface alteration in wetlands buffer. 

Notes summarizing Conservation Commission meeting and recent history about application:

The applicant, Steven Binnie, for property owned by Edmund J. Mulcahy, has filed for a three-lot subdivision and a lot line adjustment with the Planning Board earlier in October.  At the November TRC meeting (technical review committee), the members of the Planning Board refused to take jurisdiction over the three-lot subdivision citing a number of issues, including permits that needed to be amended to reflect the current application as well as the need to apply for variances, such as wetland crossing for a driveway, among others.  One issue of particular concern is regarding lot 3, which was a former quarry that is filled with water and was previously a dumping site.  It received a clean bill of health by NHDES after it was cleaned up during a prior approval process.  However, the applicant is concerned about possible liability issues, and this according to John Chagnon, the applicant’s engineer.  It would appear that the owner of the Golf Course (Wentworth By the Sea Country Club), would like to pump out water out of the “pound’ (quarry) in the future for irrigation, which is the reason for the three-lot subdivision, namely to carve out one lot that would be a separate entity given potential liability issues.

The applicant came before the Conservation Commission in November and a site walk was scheduled, however, there was not a quorum at the time of the site walk.  At the December 17th, Conservation Commission meeting, the applicant’s engineers presented their plans to build a driveway in the wetlands.  The board members explored the possibility of an alternative access that would not require a wetland crossing, however, it did not appear to be a viable option given substantial ledge coverage and slopping terrain.

Sally King, the Chair of the Conservation Commission, was absent, but had gone on the site walk.  Her concerns regarding the wetlands delineation were reported by John Chagnon.  Jim Gove, wetland scientist, hired by the applicant, explained that the area delineating the wetlands is very compacted and made up of fill.  He had to use a mini excavator to dig through the fill to find out what was underneath in order to determine the delineation of the wetlands.  In his view, there was hardly any soil profile that would help define it as wetlands on the surface given all the fill and disturbance.

The board members decided to go on another site walk (with a quorum this time, as the law requires) to look at the site on Saturday, December 19, at 8:00 am.

The applicant is scheduled to appear for a third time before the TRC on December 29th, as well as at a ZBA hearing on January 6 for relief regarding wetland crossing and surface alteration in the wetland buffer, in addition to relief for access on a lot without frontage.