RCL Generated Notes:
1. Steve Riker, Ambit Engineering, for the applicant David Kohlase, 335 Washington Road, stated that he had been before the board in November. He was now joined by the property owner, David Kohlase, who received a letter of violation from both the building inspector, Peter Rowell, and DES, in regards to his building a sizable pond in the wetlands.
He explained that they have done a survey to locate the disturbance in the wetlands by showing the edge of the pond that the property owner was building. It shows the wetland delineation and the area of wetland disturbance, which is over 20.000 square feet. The buffer disturbance is 2623 square feet. He showed the plan to the Commission back in November and to the property owner, David Kohlase, who is now asking if he could retain some portion of the pond for the future. Steve Riker stated that DES and the CC would have to determine if it would be possible. DES has responded that they would entertain a proposal to retain a small area for a pond. As a result, he has amended the plan to show a small pond that is 60 by 60 feet with a total area of 3705 square feet. To eliminate a review by the Army Corps of Engineers, he is considering to further decease the area of the pond so that it is less than 3000 square feet.
He is asking for the board’s feedback in regards to the proposal to retain a small area for a pond as the property owner is restoring the wetlands that were disturbed.
Sally King, Chair of the CC, stated that it would set a precedent to reward somebody for disturbing the wetlands after building a large pond and then allowing the person to build a small pond.
As a first step, member Mike Garvan suggested that they should go on a site walk (Editor’s notes: a site walk had been planned at the November meeting, however, it did not take place.) He also asked who was going to do the restoration work.
Steve Riker responded that Dave, the owner, would do it as he has the machines. He also stated that as part of the DES approval process, it would have to be monitored by a wetland scientist, and that he would be reviewing the work himself.
Member Jaci Grote asked what was the purpose of the pond. David Kohlase responded that he wanted to have a skating rink for his children.
A site walk was planned for Thursday, January 28, at 4:00 PM.
- Matt Williams, 20 Huntervale Avenue.
Property owner stated that he had bought the house in October 2014 from his mother and that he was the third generation living in the house. He explained that the house was too small for him and his girlfriend and three teenage girls. The house was built in 1949 and he has plans to enlarge it and he would like to put a two-car garage where the porch is located. He has two proposed designs; one with a zero foot side setback and the other with a three-foot side setback. His property abuts property owned by the Town of Rye. He brought up the fact that a paper street used to abut his property stating that the paper street was conveyed/gifted to the Conservation Commission in August 1973. Then he brought up a State Statute regarding paper streets stating that half of a paper street can be conveyed to an abutting property. He was unsure of how the process would work, but he implied that if the Town were to convey him half of the paper street, it would give him an additional 20 feet, which would enable him to have a side setback. Member Jaci Grote responded that the Town of Rye owns the paper street, which means it cannot be conveyed. She further stated that it was no longer a paper street, as the Town owned the land.
Member Jim Raynes stated that he had a problem with not having a side setback as the property abuts property/forest owned by the Town for the Rye. He stated that he was against it.
Matt Williams stated that his property is the only one in the neighborhood without a garage.
A site walk was planned for Thursday, January 28, at 4:45 PM.
3. Correspondence
Shawn Joyce stated that his property abuts the Town Forest. He went on to say that he spends a lot of time in the woods and he noticed in the fall that there were some man-made objects, such as footbridges and signs, and he is asking what was the approval process for that. He estimated that there were presently 10 of those footbridges and that you would have to install 20 or 30 more to have an impact, as there is a massive amount of water and run off. He is concerned that the Rye woods are being turned into the Rye parks. In regards to the footbridges, he feels they are obstacles. When there is snow, it is a hazard and he does not understand how this came to be. He went on to complain about people walking in the Rye woods that were from out of town, bringing their dogs, and as a result there was dog poop all over. He brought up the fact that he is himself a hunter and that people were complaining about hunters. As a Rye resident, he does not understand how this came to be and if there had been any public input.
Sally King responded that he had a host of issues, to which Shawn Joyce responded that his main issue was regarding the footbridges.
Sally King responded by stating that the bog bridges (footbridges as referred by Shawn Joyce) were installed with the cooperation of the Appalachian Mountain Club to conserve wetlands. They are in accordance with the proper management of the Town Forest.
Member Jaci Grote interjected that the Rye Forest is for the citizens of Rye. She knows a lot of dog walkers who are respectful of the Town forest environment. They received approval from DES to install the bog bridges.
Shawn Joyce stated that they would need 100 footbridges to protect the wetlands and that the Commission needs to poll people to find out if they want them.
Member Jaci Grote stated that people were making their own bridges because they did not want to step into the water, which was preventing the flow of the water.
Member Jeff Gardner explained that they are protecting the resources under the auspice of the Appalachian Mountain Club.
Sally King stated that they have a plan to move the trail higher up.
Shawn Joyce reiterated that there ought to be public input in regards to the bog bridges.
Addie Tarbell, a member of the public, stated that she does not like the bog bridges as she has seen more people walking in the woods. By having kiosks, trail maps, bog bridges, there are more people coming to walk in the woods. Her issue is also regarding the fact that there are hunters in the woods. She no longer walks in the woods on Sundays, as it is too crowded while she is concerned about safety during hunting season.
The Commission thanked the public for their comments
4. Non-Public Session per RSA 91-A:3, II (d). Acquisition
