Conservation Commission Minutes 04/20/2005
CONSERVATION COMMISSION
TOWN OF GROVELAND
183 MAIN STREET
GROVELAND, MA 01834
(978) 374-1863 FAX (978) 372-6105
EMAIL: concomm@grovelandma.com
April 20, 2005
Present: M. Dempsey, J. Termini, T. Grim, T. Schaefer, S. Benanti
ConCom Business - Signoffs
Decoulos King St. - Lot remand hearing continued.
Present: Nicholas J. Decoulos, King St. Realty Trust, Rob Ahearn, King St.
Hearing opened 7:35 pm
M. Dempsey said ConCom last met with him on January 10th and 24th, 2005. At that time, ConCom was trying to work out compromises on Lot 4 King St. that we previously denied on an OOC. We were then brought to court under ConCom’s bylaw denial. M. Dempsey read from the previous minutes of 1/10/05 and 1/24/05. Mr. Decoulos submitted a plan with wetland lines delineated dated Feb. 2005, by Mary Rimmer. The map wasn’t stamped so it was not official, but Mr. Decoulos said he would get it stamped by a registered land surveyor. ConCom members looked at the map delineating the new wetland lines, proposed single family house, and leach field. M. Dempsey scheduled a site walk for Saturday, April 23rd, at 8:00 am. Mr. Rob Ahearn
will meet them there. Mr. Decoulos asked for clarification of “Seasonal Restriction” and “Round the clock maintenance”. M. Dempsey explained the seasonal restriction. He also explained that “maintenance” means that they’ll need to hire M. Rimmer to inspect the site every week and report to ConCom on a weekly basis. M. Dempsey said if they allow him to do this that close (to the wetlands), ConCom will suggest some kind of permanent barrier, ie stones to prevent runoff into wetlands. J. Termini told him he will need to put up signage and monuments and large boulders that do not allow vehicles on the site. Most stones can come from site. M. Dempsey requested the driveway be put on left hand side. Mr. Decoulos agreed. Bob Ahern will contact building inspector regarding the footprint. B. Ahern said the engineer (Jeff Hoffman) has already conformed to the setbacks. M. Dempsey
said there will be no other additions to that house, ie a deck. R. Ahern said they need a deck on that. J. Termini said then they need to put the deck on the plan. Mr. Decoulos wants to plan a garage as well. He said the house will be shown on the plan in conformity with the zoning requirements, and the garage no closer than the present location. Continued to May 4th at 8:30 pm. Hearing closed at 8:00 pm.
Lot 1 A, B, C Stonebridge (Center Place) NOI Continued
Present: Greg Hochmuth
Hearing opened 8:02 pm
M. Dempsey reviewed the minutes from the last hearing for this applicant. G. Hochmuth described the map. G. Hochmuth was asked by T.Neve to move the buildings to the minimum set back of the lot lines, to move them as far away as they possibly could. On Lot 1A was moved to 15’ from the lot line, which resulted in 4 additional feet further from the wetlands, at closer corner. 1B was moved 11’ further from wetlands. They didn’t touch lot 1C, because T. Neve told him it will disappear if the other two are approved, but it was kept on the plan. T. Neve also asked him to put in a boulder wall that will serve as a permanent barrier. J. Termini asked him what kind? G. Hochmuth said 18 - 24” dry-laid, one-man stones, that are 2’ - 3’ wide. It’s not a mortared wall, but a dry laid wall. T. Neve also asked him to include how people will know that there’s a limit-of-work line. He included a copy of a typical deed for one of the lots. It talks about limit of work, a plan in the deed,
and references order with file number, and buyers must sign. G. Hochmuth said T. Neve sent a letter to the Open Space Committee and Planning Board. S. Benanti told him T. Neve was going to get us correspondence from those Boards indicating that they thought this was so great. G. Hochmuth said to this day, they have any letters to give ConCom. G. Hochmuth said they are proposing Lot 1C which is 1.16 acres, a lot which is wet, and has a lot of pine trees. J. Termini asked him where the land is going? G. Hochmuch said T. Neve put in an easement, a non-motorized recreational. Perhaps someone could propose a boardwalk bridge in the future. J. Termini asked why not have the boardwalk bridge as part of the plan? G. Hochmuth said it’s an option. J. Termini said the land (empty lot) would need to go to a third party conservation organization. G. Hochmuth said he was sure that would be fine. G. Hochmuth
said Natural Heritage is okay with this as long as they give us one of these lots. J. Termini asked hypothetically, if we close this hearing and deny it, would he follow another path to state? G. Hochmuth said he would probably request a superceding order from the state. He said that’s typically what they do.
G. Hochmuth said most of lot is already cleared and won’t affect wetlands. He said they’re proposing to clear another 15 - 20’ of the previously approved limit-of-clearing. J. Termini asked if this fall under our bylaw or the state? M. Dempsey said he filed under the state, but we will issue both. G. Hochmuth showed on the map what is already cleared. He said they have done the overstory calculations: 28%, 29%, 40% of overstory proposed to be cleared within the 100’. He said 2/3 of the clearing is already done. M. Dempsey asked what advantage is there to the town to do this? What advantage is there to the environment to do this? J. Termini said if Neve gets a superceding, he’ll put a house on 1C. T. Schaefer said he has a
problem that it’s showing 3 houses (on the plan). M. Dempsey said we were told by (Mr. Neve) that the Planning Board recommended this and that Open Space recommended this, but there is no indication of that tonight. M. Dempsey made a motion to deny this project. (no 2nd - defeated) G. Hochmuth said in T. Neve’s defense, he’s been in contact with both the Planning Board and Open Space. T. Grim pointed out that it’s been almost a month ago. M. Dempsey said he spoke with the Open Space people and did not get a feeling that they were going to write ConCom a letter that they support this. T. Schaefer said if the plan was only two houses, he could be persuaded, but he has big problems if he spent however much money on one of these houses and had a 5’ backyard. G. Hochmuth suggested boulders and a fence.
T. Schaefer asked if there were 2 driveways? G. Hochmuth said, yes, 2 for each house. T. Schaefer was concerned if it was a duplex or condo or townhouse, that now four families would be involved, and there‘s a lot less control that happens with the lot. G. Hochmuth said duplexes are allowed in this district. He said he can do the best they can to keep people out with boulder walls, fences, signage, deeds, etc., but he can’t promise us people won’t try to make their lots better. He said they can only do their best to stop it. G. Hochmuth said they will have drip trenches to get the roof runoff back into ground. G. Hochmuth read sections of the deed that relate to the no-disturbance to limit of work boundaries.
M. Dempsey said if we feel strongly that it shouldn’t be done, we that should deny it without worrying about the consequences of it because the benefits do not outweigh the negatives. G. Hochmuth asked if there was anything they can do anything to the lots to make him more comfortable? M. Dempsey everything about it he doesn‘t like. There was one house, and now 2 houses in there only for economic gain. J. Termini said most of the damage is already done and that the reality is if they don’t settle, there’ll be a third house. 1C will happen in the near future. G. Hochmuth said he could withdraw 1C. J. Termini suggested making it contingent upon receipt of third party receiving 1C. T. Schaefer said it sets a bad precedent.
J. Termini made a motion that ConCom accept Plan 1A and 1B as delivered, with the exception of placards and monuments as designated by the Conservation Commission on 1A and 1B. In addition to that, the applicant shall hire a consultant on behalf of the Conservation Commission. Prior to any work done on any of the other two sites, 1C shall be granted a conservation deed restriction and given to a third party, anyone other than the Town of Groveland, for an example, Essex County Greenbelt or something like that. The applicant can seek whoever that will be and the Conservation Commission will approve it. And an access bridge through Lot 1B from Lot 1C. T. Grim suggested we have a mechanism in place to transfer the land in l C before issuing a decision. Not ask for land to be
actually transferred, but to be all lined up and be part of condition and everything would be smooth and the land would actually have to be conveyed before any work begins on any of the lots. S. Benanti suggested we should ask the town first to take it under the Conservation Commission, and then if they refuse, to go somewhere else, giving ConCom first right of refusal. J. Termini asked how quickly can you turn that property? G. Hochmuth said he was sure it could be moved right along. If town refuses to give ConCom the management and ownership rights, than he’d need to seek a third party acceptable to the Commission. T. Grim suggested as an Order Of Condition, this land be conveyed before any work commences. G. Hochmuth will write a letter to the Selectmen. G. Hochmuth requested a continuance. June 1, 2005, 7:30 pm. Hearing closed 9:01 pm.
ConCom Business - Minutes
T. Grim made a motion to approve the minutes as submitted for April 6, 2005. J. Termini 2nd. All in favor. Unanimous.
ConCom Business - Whitestone II
M. Dempsey called Mr. Gillis three times, but Mr. Gillis has not returned any of his calls. M. Dempsey called regarding the state of the donation of the land. M. Dempsey will write a letter to him now asking for evidence of what he’s done with the land.
ConCom Business - Selectmen have Article 19 to take away 13 acres of the Town Forest from us. $1.2 million cost.
T. Grim made a motion to close the meeting at 9:30 pm. J. Termini 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
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