CONSERVATION COMMISSION
TOWN OF GROVELAND
183 MAIN STREET
GROVELAND, MA 01834
(978) 374-1863 FAX (978) 372-6105
May 17, 2006
Present: M. Dempsey, C. McKee, T. Schaefer, J. Stewart, J. Termini
Opened meeting at 7:20 pm
Pond Issue - ConCom received a call from someone who claims he overheard that Bob Arekalian was taking out boards at the pond. C. McKee called B. Arekalian who said he is not working on any of the dams. He said he’s not adding or removing any boards. C. McKee asked him to come to tonight’s meeting if any work was being done on the dams. B. Arekalian said he wouldn’t be at the meeting because he wasn’t doing any work at the dams. M. Dempsey had asked him to put a board into the dam last year because Johnson’s Pond was too low. M. Dempsey will request that B. Arekalian come to our next meeting scheduled for June 7, 2006, and request that he bring a list of dams and their locations in Groveland.
160 King St. - GRDA
Present: Phil Wright
The project is an addition to rear of the home at 160 King Street. It is outside of 75’. T. Schaefer did a site visit. He came up with 78’. Received all paperwork, finance documents, filing fee. Haybales are to be placed 50’ from the edge of the wetlands and appx. 25’ from extreme part of the work area. Haybales need to be put 5’ beyond the limitation of the work for appx. 20’ total. Stockpile where “flat” is. P. Wright will call T. Schaefer for a site visit before the work will be done.
213 Washington Street - Joe Logan. Needs to move an oil tank. T. Grim will perform a site visit.
102 King Street - Informal Hearing
Present: Taylor Turbide (representing Darkes); Paul Bergman, Bergman and Assoc.
Informal hearing opened 7:54 pm. The Wright’s would like to do a 7 lot subdivision. T. Turbide said they’ve run into a Zoning issue that has to do with wetlands. The issue is with the 100’ circle. T. Turbide read this zoning statement, “Each lot in any district shall contain a minimum 100’ circle not to include setback requirements.” He said they’ve run into a snag, and they’re now in front of Planning Board. The Planning Board is saying despite what the zoning says, ConCom has their own regulation requiring a 75’ building setback. The Planning Board claims the 75’ building setback cannot be anywhere inside the circle. T. Turbide said he pointed out to Planning Board and Cammett Engineering that it’s not
their jurisdiction.
P. Bergman said Robyn Wright’s conceptual plan came back from Cammett Engineering with a written review saying that the 100’ zoning circle cannot touch the wetland setbacks. P. Bergman said it’s grossly conservative. He said it’s really effecting how you can use the land. T. Grim pointed out that as Groveland runs out of buildable lots, this will happen more.
T. Turbide said his argument is that it’s not their (Planning Board’s) jurisdiction. He said the document was given to the town’s attorney who said it’s very vague. He recommended changing the zoning ordinance to make it clear. Planning Board’s opinion is that setback should apply. T. Turbide said he then went to speak with Pat Schena about the problem. He said it was the Planning Board’s issue. T. Turbide would like something in writing from ConCom that P. Schena could endorse.
M. Dempsey explained that with new homes, it’s ConCom’s policy to enforce the local bylaw to 100’ buffer. ConCom’s concern is protecting the wetlands. Regarding how it impacts the 100’ circle, ConCom usually works with Planning Board. ConCom usually sees the plan after the fact, and never decides where the 100’ circles go. M. Dempsey said ConCom has jurisdiction over the town’s wetlands. We cannot decide this because it’s not our bylaw. ConCom has to go by what town counsel says it is.
T. Turbide provided a pre-made endorsement (amendment) that he wanted ConCom to sign. C. McKee said that it was a bylaw. M. Dempsey said ConCom cannot do that because ConCom doesn’t have jurisdiction over 100’ circles.
P. Bergman said it’s evident that the code is not well written. It’s very vague. He said the code has to be readable and comprehensible by anybody. He spoke with many from town hall and each had a different interpretation on what the 100‘ circle meant. He said in the Commonwealth of MA, the Building Inspector (Pat Schena) is the enforcer and interpreter of the building code. P. Schena told him to talk to Wally Sorenson (Planning Board). Planning Board told him to talk to ConCom. He said someone has to step up and take responsibility for it. T. Grim told him he’s asking ConCom to endorse something that will put more pressure on ConCom to develop. P. Bergman said this is a conflict is that overlapping and grossly extreme. M. Dempsey
said Concom cannot make a decision that’s out of compliance of the Planning Board.
*Jim Stewart left the meeting at 8:18 pm.*
S. Benanti suggest an “All Boards” meeting to discuss this issue. T. Schaefer suggests he speak to the Selectmen to have the Building Inspector to do his job. M. Dempsey said it’s not ConCom’s job to issue legal advice on town bylaws. Especially where town counsel has already given guidelines as to what should be done. He suggested to them to write a letter to the Selectmen. When there is a dispute between boards, the Selectmen will step in.
M. Dempsey pointed out that this board is as consistent as consistent as can be, primarily with the environment. C. McKee said our board is here to uphold our bylaw and to issue Orders of Conditions that are in compliance with the bylaw. The informal hearing closed at 8:50 pm.
State Environmental Code Title V Changes -
Hearing opened 8:50 pm. C. McKee said the State Environmental Code Title V Changes went into effect April 21, 2006. ConCom needs to be more careful when signing off on septic designs. She said some of the changes are more strict. M. Dempsey said site visits are required now for Septic System Plan signoffs.
ConCom Business - Reappointments
T. Grim, T. Schaefer, M. Dempsey are up for 3 year reappointments. All stated “yes”, they will sign up for their 3 year terms.
*Claudia McKee left the meeting at 9:04 pm.*
ConCom Business - Conservation Commission Consultant Position
Hearing opened at 9:06 pm. Files need to be gone through, site visits are necessary to check for compliance, letters need to be sent to homeowners, etc. J. Termini suggests letters be sent by registered mail. Submitted quotes for consultant position. J. Termini made a motion that the ConCom fund an agent/consultant to help ConCom with a variety open file issues, open Orders of Conditions, resolving Certificates of Compliances, occasionally performing site visits, attend ConCom hearings for guidance and advice, examine potential violations, as well as issue violations, if needed, on ConCom’s behalf. T. Grim 2nd. J. Termini requested a quorum call. M. Dempsey checked the quorum. Present for vote: M. Dempsey, J. Termini, T. Schaefer, S. Benanti, T.
Grim. (*Note: Jim Stewart and Claudia McKee were absent). All in favor. Unanimous.
M. Dempsey made a motion to close the meeting 9:16 pm. J. Termini 2nd. All in favor. Unanimous.
Respectfully submitted,
Lorraine Felch
Administrative Agent
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