Unapproved minutes of 4/17/14

See minutes of 5/2014 for approvals/corrections

CONSERVATION COMMISSION

Rye, New Hampshire

Thursday, April 17, 2014

Rye Town Hall 7:00 p. m.

Members Present : Chairman Sally King, Jim Raynes, Jeff Gardner, Mike Garvan, Suzanne Mc Farland, Jaci Grote and Charlie Raynes.

Editor’s note: The official minutes have been edited by the RCL to add time stamps for ease of viewing the related video, which is available at https://vimeo.com/93481342. The elapsed times herein are relative to the start of that video. Modifications to the official minutes are shown in bold and italics. Minor formatting changes have also been made to the official minutes.

Summary

1. Tracey Degnan of the Rockingham County Conservation District provided an update on the Goss Farm, and approximately $9000 in related invoices were approved. The original grant was for $15,000 to $20,000 and $23,000 in matching hours was provided.

2. Webster at Rye expansion plan was presented prior to going to the ZBA for a special exception. The plan has been scaled down due to neighbors’ objections. The Conservation Commission appeared to be satisfied. Resident Jean Harrison had numerous questions.

3. 71 West Atlantic after-the-fact variance relating to wetlands impact was discussed, along with plans to bring the property into compliance.

4. Extensive discussion of the development of the Cavaretta property at 36 Pioneer Rd., wetlands impacts, boat docks and cutting of trees to provide a solar corridor for net zero homes.

I. Call to Order and Pledge of Allegiance

Chairman King called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.

(0:08 elapsed)

II. Approval of Minutes

Motion by Suzanne McFarland to approve the minutes of March 20, 2014 as presented. Seconded by Jaci Grote. All in favor.

(0:24 elapsed)

III. Goss Farm Update

Tracey Degnan, Rockingham County Conservation District, explained that they have been working in partnership on the Goss Farm Growing Greener Initiative. This was submitted to the N.H. State Conservation Committee in October of 2011 and was approved in March of 2012. It was to reinvigorate sustainable farming at the Goss Farm. She is presenting to the Commission the final invoices and the final report. She noted that the grant ends on April 30^th.

She reviewed the project goals:

Establish community garden plots for residents and initiate a plot for the Rye Junior High;

Use for place base learning and incorporate it into existing curriculum; Offer community service by distributing produce to local agencies;

Develop a relationship with a farmer; and

Initiate the N.H. Farm to School Program to bring produce grown on the farm to the school; and

Coordinated with the N.H. Agriculture in the Classroom Organization to teach children about local agriculture and why it is important.

Mrs. Degnan noted that the original grant was close to $20,000 and $15,000 was put in for matching hours. They actually received about $23,000 in matching hours. There was a lot of volunteer time put in from a variety of people.

She reviewed the report for the Commission.

Mrs. Degnan stated that the Eagle Scouts also came to help with fencing, planting of the lilac bushes and splitting wood. They also had some people assist with serving the farmhouse dinners that the Rye Farmers Market sponsored. She noted that she had 58 responses to the survey and all had been to the site. She continued that Side Walk Farms is now on the Farm. They are willing to integrate with the community and the schools. It will be a great resource for everyone. She pointed out that they are working on a strawberry workshop to help reinvigorate the southern portion of the junior high plot.

The Commission thanked Mrs. Degnan for all of her work with the Goss Farm.

Editor’s note: The invoices were not addressed at this point in the meeting. There is a discussion of invoices that appears at 149:00 in the video, however the video reflects the discussion proceeding directly from a discussion of the Goss Farm to discussion of the Webster at Rye.

Invoices: (Reimbursement has been received by the State)

Task 3 – Workshop - $5,325

Motion by Jaci Grote to pay $5,325 to th e Rockingham County Conservation District. Seconded by Jeff Gardner. All in favor.

Task 4 – Materials for plots/Jr. High Garden - $1,045

Motion by Jaci Grote to pay $1, 045 to th e Rockingham County Conservation District. Seconded by Mike Garvan. All in favor.

Task 5 – Harvest Fest - $2,350

Motion by Jaci Grote to pay $2,350 to the Rockingham County Conservation District. Seconded by Suzanne McFarland. All in favor.

Task 6 – Gardner partners - $725

Motion by Jaci G rote to pay $725 to the Rockingham County Conservation District. Seconded by Sally K ing. All in favor.

RCCD – To complete report - $1,000

Motion by Jaci Grote to pay $1 ,000 to the Rockingham County Conservation District. Seconded by Jeff Gardner. All in favor.

Salt Marsh reimbursement - $1,133.25

Motion by Sally King to pay $1,133.25. Seconded by Mike Garvan. All in favor.

I V . Wetlands:

(19:04 elapsed)

1. Webster at Rye – Expansion – Eric Weinrieb

Eric Weinrieb, Altus Engineering, spoke to the Commission. He explained that the Commission had a site walk a couple of months ago for the proposed expansion at Webster at Rye. They were going for a variance and special exception before the BOA. He continued that they withdrew the initial application and modified the site plan to try to address some of the neighbors’ concerns. He noted that on the original proposal the roadway “jogged” towards the wetland. This was necessary to site the building and get around the site. After listening to the neighbors, the project was downsized. While they were downsizing, they realized that the 75ft wetland buffer was incorrect. It needs to be a 100ft buffer because it is within the Berry’s Brook watershed. The plan has been amended to show the 100ft buffer. The road originally jogged towards the right. It will now jog to the left because it is moved a little further away from the wetlands. The road then goes around the building. In this area, the water runs off the building, across the lawn and across the parking lot straight into wetland. The proposal is to construct a curb with closed drainage. The water will be pitched to the north into a stormwater management area. The water will no longer be running across the lawn, pavement and directed into the wetlands. That will help with any concerns with increase in runoff. This will actually decrease the runoff in that area. There is no parking in the buffer and no new building in the buffer. There will be 5,500sf of impact area and a total of 4,000sf of impervious within the buffer.

Chairman King asked if the wetlands were re-delineated once it was discovered it should be 100ft not 75ft.

Mr. Weinreib commented that it was the same wetland boundary. They just added 25ft to the buffer line. Through the process of working with the abutters they have been able to further reduce the impacts into the buffer. There would be nothing in this area; however, it is needed for emergency access. All of the discharge to the wetlands will be treated.

Member McFarland stated that she remembers the curbing for the existing building. She asked if there will be curbing in the new section.

Mr. Weinreib confirmed.

Member McFarland asked what the end of the parking lot will be.

Mr. Weinreib explained that once they get beyond the buffer it will be open drainage in that area so it will shed off for more disbursement. There will be better treatment of the lawn area as well as fixing the drainage issues.

Member J. Raynes asked if a site walk would be needed.

Member Gardner stated that he did not think it was necessary. It seems to be more minimal than the original impact.

Member J. Raynes stated that environmentally the Commission was happy with what they have come up with.

Chairman King noted that it is an improvement over what is existing. She opened up to the public for comments.

Editor’s note: Ms. Harrison’s extensive questions start at 29:10 elapsed. The letter is attached to the official minutes. These official minutes do not reflect the extensive questions by Ms. Harrison or the responses.

Jean Harrison, 48 Mt. View Terrace, addressed her concerns as noted in her letter to the Commission.

*Please see attached letter

Chairman King explained to Mrs. Harrison that her letter should be sent to the Board of Adjustment. These issues would be for the BOA to address.

The Commission agreed that an additional site walk was not needed.

(45:08 elapsed)

2. 65 Wallis Road – Site Walk Review of tree cutting and pond project

Site Walk, Tuesday, April 22^nd, 6:00 p. m.

(49:26 elapsed)

3. 71 West Atlantic Ave – Brennan

Joe Mulledy, Ambit Engineering, presented to the Commission. He stated that following the site walk of April 8^th Building Inspector, Peter Rowell, sent a memo summarizing the points discussed. Attorney Tim Phoenix responded to each of those points. He continued that Steve Riker had done an additional review of the vernal pool on April 11^th and verified that it was a vernal pool.

Mr. Mulledy stated that sheet C1 in the Commission packets is the As Built Plan showing current conditions. Sheet C2 is the proposal and addresses the points from the memo.

1. Move the driveway a further to the west.

The driveway has been moved a few feet to the west as much as can be reasonably accomplished given the existing tree line and the adjacent wetland. The driveway has also been shortened. (He reviewed the proposed driveway location on the plan.)

Member Grote stated that one of the things the Commission wanted was restitution for the filling of the wetland. The raingarden is the remediation for the wetland.

Mr. Mulledy explained the raingarden is the same size as the previously existing wetland. It mimics the hydrology very closely. He commented that they have not received final comments on the proposal from NH DES.

Member McFarland agreed to call Eben Lewis at NH DES for his thoughts and concerns on the proposal.

2. Completely remove the first portion of the stone from the town road to opposite the wood deck.

This has been agreed to and some of the boulders will be positioned along the frontage, which the Commission did not object to.

3. Rebuild the remaining boulder wall leaving large spaces, 4ft between the large boulders.

The proposal is to remove the northerly most portion of the wall running from the end of the basketball court to the northerly property line. Leaving a 4ft space between the boulders loses the charm of a stonewall and is unnecessary for the travel of the vernal pool wildlife. The proposal includes reworking the remaining portion of the stonewall creating gaps for the amphibians. Steve Riker opines this method will be fully protective of amphibian life.

Chairman King noted that the Commission does not want a wall. The significance of having the 4ft was to not have the wall.

Member Grote stated that this was recommended by Steve Riker to take the wall out. If they felt they had to have a wall they could have stones every 4ft.

Chairman King stated that what they have is not a stonewall. It is a bunch of rocks, big boulders piled in tightly. They are proposing a stonewall where there isn’t one.

Member Garvan pointed out that it is a stone barrier that was piled in the wetland buffer without permission in violation of the original site plan.

Chairman King stated that there is no benefit to the property to have the stones in the back near the vernal pool. She continued that the Commission has been very flexible on a lot of the things that have been done but does not feel this is necessary.

Member Grote stated that the Commission agreed to 4ft spacing.

Member McFarland commented that the Commission did not agree to anything. It was a suggestion and Mr. Brennan felt that they need to go back and prioritize what they wanted out of the situation. To her knowledge the Commission did not decide anything that night.

Mr. Mulledy stated that the Brennans have agreed to just about everything. This is their only exception.

Member Gardner stated that this will probably have to go before the BOA. The Commission can make a recommendation to the BOA and they can make the decision on the stonewall. If this is the plan that is going to go before the BOA, the Commission would make a negative recommendation.

Chairman King noted that the preference of the Commission is to remove all the boulders. The boulders were not there to begin with.

4. Reinstall the basketball as pervious surface in a location that will allow the vernal pool to function.

The basketball court will remain in the same location and will be the same size.

Member McFarland noted that they had stated they would be moving the basketball court behind the house.

Chairman King pointed out that this was a wetland buffer issue.

After some discussion, the Commission agreed with the location of the basketball court.

5. Owner may install a rock wall at the property line between the town road and the rain garden if possible.

The Commission did not have an issue with this.

6. Reduce the length of the driveway.

The driveway has been straightened and made a bit narrower, also shortened at the northerly end.

Member McFarland stated that she still has an issue with the length of the driveway. She thinks it is too far up and would like it cut back to the tree opposite the deck.

7. Organic land care products and procedures to be used on the property. The Brennans have agreed to this.

Member Grote stated that there is no mention of plantings of native species on the plan. It is only noted between the walkways. She would like this noted on the plan.

Member Gardner commented that it was also agreed that there would be no weed wacking within the buffer. This area would be left in its natural state. He would like that noted also.

Member McFarland pointed out that there is granite edging along the full length of the driveway. It does not seem that the boulders would be needed.

The Commission reviewed their concerns:

Would like the driveway cut back about 100ft from back of basketball hoop to front stairs. This is in the area that is about in line with the tree opposite the corner of deck. The walkway is fine with a pervious material.

More information is needed about the granite edging along driveway.

Would like 4ft between the boulders behind the vernal pool or remove the boulders completely.

More information on the plan in regards to the native plantings.

More information in regards to the material for the basketball court.

(98:25 elapsed)

4. 36 Pioneer Rd – Cavaretta

Corey Colwell, MSC Engineering, presented to the Commission. He presented the proposal which is for a 6x15 covered boardwalk, gravel path and gazebo within the 100ft buffer. Post conditions the total impervious will be 17.9 percent.

The Commission reviewed the tree removal proposal for the solar corridor for the net zero energy homes that will be built on the property. The Commission has concerns on how many trees will be cut for the solar corridor. There was also discussion on two paths being put in to the gazebo and the creek. The Commission did not see the need for two paths from each lot.

Marc Schleiper, 47 Frontier Road, expressed his concerns on the proposal.

After discussion, the Commission agreed that more information was needed on the following:

The amount of trees being cut.

More information regarding the solar corridor. The need for the second path to the creek.

More information on the dock and materials.

More information on the filling of the wetlands.

Site Walk, Thursday, April 24^th, 6:00 p. m.

(139:43 elapsed)

5. 16 Berry’s Brook Lane

A letter was received from Debra Hart, 16 Berry’s Brook Lane, in regards to removal of dead pines on Conservation land next to her property.

Site Walk, Tuesday, April 22^nd, 6:00 p. m.

6. 511 Wallis Road – Wallis Rd Properties – Notification: routine roadway

The Commission received notification that the road work has begun for the property located at 511 Wallis Road, old Rand Lumber Property.

V . Wetlands Correspondence

An application from DPW was submitted to NH DES for the repair to the shale pile berm located at the rear of Sawyers Beach adjacent to Ocean Blvd. The location is 2390 and 2430 Ocean Blvd.

NH DES approval was received for Penhallow Properties, 33 Wentworth Road.

Notification was received from Kevin King, Straw’s Point, that work has been started.

Editor’s note: At 147:20 elapsed there was discussion by Jaci Grote regarding a lot line adjustment for a property on Central Rd. near Priscilla Jenness’ house. Although there are wetlands very close to one of the properties, Ms. Grote stated that the lot line adjustment has no effect on the wetlands.

(149:00 elapsed)

Rye Water - $120.

Motion by Mike Garvan to pay Rye Water in the amount of $120. Seconded by Suzanne M c Farland. All in favor.

Motion by Jaci G rote to pay PSN H in the amount of $14.59. Seconded by Jeff Gardner. All in favor.

Chris Keenan – $80.00/$44.00

Motion by Mike Garvan to pay Chris K eenan in the amount of $80.00 and $44.00. Seconded by Jaci G rote. All in favor.

V II. Correspondence

The Commission reviewed correspondence received.

(153:17 elapsed)

Motion by Jeff Gardner to adjourn at 9:32 p. m. Seconded by Mike Garvan. All in favor.

Respectfully Submitted,

Dyana F. Ledger

Annotations in bold italics provided by the Rye Civic League