CONSERVATION COMMISSION
TOWN OF GROVELAND
183 MAIN STREET
GROVELAND, MA 01834
(978) 374-1863 FAX (978) 372-6105
November 2, 2005
Present: S. Benanti, T. Grim, T. Schaefer, M. Dempsey
ConCom Business
Opened meeting at 7:34 pm
Lot 18 Stonebridge, Center Place - Informal discussion opened at 7:35 pm. Jesse Hileman requested to perform work, installation of utilities, within the buffer zone located at Lot 18, 17 Stonebridge Road at Center Place. He said the work would be completed within a 4-5 day period. Utilities include: sewer, water, electrical, and cable. These Commissioners: S. Benanti, T. Schaefer, M. Dempsey and T. Grim went on a site visit on October 29th. M. Dempsey made a motion that ConCom grant a waiver to the seasonal restriction for Lot 18, 17 Stonebridge Road at Center Place, for a five day period with all work to be completed by November 30, 2005 for utilities because of a hardship plea. T. Grim 2nd. All in favor.
Unanimous. J. Hileman was told to call the office and inform ConCom two days before work will commence. M. Dempsey requested he do the work in 5 consecutive days and will send him a letter referencing the above. J. Hileman submitted a check for $500. Discussion closed 7:45 pm.
166 Main Street GNOI/NOI continuance -
Present: J. McComiskie; John B. Barranco; S. Bazarian, Counsel for J. Barranco.
Hearing opened at 7:45 pm. At the last hearing, ConCom asked the applicant to provide us with more information about the site and a plan to replace trees that were cut down within the 25’ no-disturb zone. ConCom also asked the applicant not to do any work, especially in the 25’ no-disturb zone. J. McComiskie said he used a hand shovel in the 25’ no-disturb zone. M. Dempsey corrected him by reading from the letter sent to him on 10/6/05, “…no work at all within the 25’ buffer zone.” J. McComiskie said he planted trees. M. Dempsey told him ConCom asked him not to do anything. J. McComiskie said he had a landscaper go in and work at the edge of the 25’. He said that’s what the original plan was. M. Dempsey said
J. McComiskie put his money at risk because ConCom may find those trees inadequate. J. McComiskie said that’s what was in the original plan. M. Dempsey said that was under the “Emergency”, but now we’re looking at the “Notice of Intent”.
J. McComiskie said he didn’t reach Mr. Keough (Hancock Asso.) until this morning, but he had other arrangements and was unable to come in tonight. His attorney cannot come for a couple of weeks.
M. Dempsey said under the Notice of Intent, ConCom hasn’t approved any plan. J. McComiskie said he doesn’t understand half of what’s being said to him. He said he’s not doing any more to the property. He said it was “okay” when ConCom walked it. M. Dempsey explained that J. McComiskie did things backwards -- he did the work first, then filed for the permit. If he had filed for the permit the right way, come in and gone through the hearing process, then it would make sense. J. McComiskie brought in a building permit about an addition to his property. He said the lawn was mowed up to the brook. T. Schaefer disagreed and said it was mowed to the brook.
M. Dempsey told him he can’t escape the process, that it’s mandated by the state. J. McComiskie’s definition of “clean-up” is different than ConCom‘s. ConCom’s definition of clean-up doesn’t involve getting a tractor and digging a 10’ ditch. M. Dempsey told him that ConCom is trying, very patiently, to guide him through this situation to correct the situation. He requested that J. McComiskie bring T. Keough to the next hearing. T. Schaefer reminded him that ConCom needs the plan with delineated wetlands. J. McComiskie complained that this was costing him thousands more. M. Dempsey told him that we’re close to being at end of process and that he needs to complete the two requests made to him on October 6, 2005.
He asked him when ConCom can we have this information. J. McComiskie requested two more weeks.
Steve Bazarian said there is still an issue still existing; the silt flowing onto Mr. Barranco’s property. He requested that ConCom order the applicant put up hay bales to prevent that. M. Dempsey said ConCom does not want him to do any more work. He was not supposed to put trees up, and J. McComiskie had trees put in. The hearing is continued until November 16th , 8:30 pm. Hearing closed 8:05 pm.
ConCom Business - T. Grim made a motion to approve the minutes from October 19, 2005 meeting. S. Benanti 2nd. All in favor. 3yes - 1 abstain. Motion passes.
ConCom Business M. Dempsey said Al Couillard came in on Monday and applied for a 20 day waiver for finish his detention pond at 94B Main St., Savoryville, and also put utilities in, pave within circle within the 100‘ buffer. ConCom gave him a tentative yes because it would be better for environment to do it now than in the spring. Marc Jacobs supports we grant waiver. T. Grim made a motion that ConCom grant him a 20 day excavation waiver of our winter restriction at 94B main at $100 day, $2,000 total for 20 work days prior to November 30, 2005. T. Schaefer 2nd. All in favor. Unanimous. M. Dempsey will notify him by letter.
ConCom Business T. Grim discussed 178 Main Street. Kevin Desmond is building an addition. The wetlands are a drainage ditch. He got the foundation in prior to the seasonal restriction and already has half the framing up. ConCom offered the possibility of waiver to the seasonal restriction with a hardship rate of $50/week. The homeowner is trying to get his mother in before winter and the construction scheduled was delayed with problems with the easement that was never recorded with the town. K. Desmond estimated three weeks to get the exterior work finished. M. Dempsey made a motion to grant a waiver to the seasonal restriction to Kevin Desmond, 178 Main St. for completion of an addition at the rear of his house, waiving the fee for three weeks to
$50 per week. T. Grim 2nd. All in favor. Unanimous. M. Dempsey will notify him by letter.
ConCom Business M. Dempsey received an estimate from Marc Jacobs for site walks, reviewing plans, and reviewing federal storm water plans. Work was approved up to 10 hours. M. Dempsey made a motion to hire Marc Jacobs for an additional 15 hours of follow-up and plan review under the seasonal restriction wrap-up for 2005. T. Schaefer 2nd. All in favor. Unanimous.
ConCom Business - A Seasonal Restriction Wrap-up will be done each year. Next scheduled for Saturday, October 1, 2006.
ConCom Business - Chesterton, Salem St. has a stream that fills with silt and they want to clean it out because it floods. They also have two drains they want to move. M. Dempsey will ask M. Jacobs to call Chesterton and have them file.
212 King Street - Septic
Present - Mark Miksis, 212 King St.; Kevin Cunniff, 212 King Street
Hearing opened 8:32 pm. Groveland RDA. Septic system is in failure. T. Grim drew on the map where hay bales need to be put - northwest corner in a semicircle contour ending at the stone wall and boundary of the property. ConCom requested notification 2 days before work is to commence. M. Dempsey made a motion that ConCom approve work at 212 King Street filed under GRDA to replace a failing septic system, at a single family home, 60’ from wetlands., with conditions discussed. T. Grim 2nd. All in favor. Unanimous. M. Dempsey made a motion that ConCom grant a waiver to the seasonal restriction to 212 King Street for work within the 100’ buffer to replace the failing septic system, for three weeks of work, to be completed before November
30th with the fee waived to $100 per week. T. Grim 2nd. All in favor. Unanimous. M. Dempsey will send him a letter regarding the above.
T. Grim made a motion to close the meeting. S. Benanti 2nd. All in favor. Unanimous. 8:55 pm.
Respectfully submitted,
Lori Felch
Administrative Agent to the
Conservation Commission
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