January 9, 2008
Present: M. Dempsey, S. Benanti, T. Schaefer, T. Grim (7:29 pm), S. Sexton (7:38 pm)
Meeting opened 7: 14 p.m.
ConCom Business: Wyka Lane, DEP #030-0290
Present: Dominic Magnarelli
D. Magnarelli had a 3 lot subdivision off Rollins Street. The original OOC was from 2004. He had an extension which expired December 21, 2007. Asked if he needed to file another Notice of Intent? Wetlands are a detention pond and drainage, which have been in for 2 years now. One lot has been has been released (sold). Of the two remaining lots, one lot is not in the buffer zone at all. The other lot has land within the buffer zone, but the house and septic, already installed, is outside the buffer zone. The permit is for the development and infrastructure. M. Dempsey asked what work needs to be done? D. Magnarelli said no work is left to be done in the wetlands. Roadwork completely outside the buffer zone.
M. Dempsey said according to the bylaw, because he did not meet the extension deadline, he is required to file again. If no work needs to be done in the buffer zone, he could apply for a Certificate of Compliance.
D. Magnarelli asked in the event that Lot 2 goes under agreement, could he apply for a Request for Determination of Applicability? M. Dempsey suggested he provide an as-built and apply for a COC to close out the work done under the order. Then, if there is any work within the buffer for the house lot, he’d need to file separately. Informal hearing closed 7:22 pm.
28 Stonebridge Road – Lot 11 – OOC Extension
Present: Dana Tower
Hearing opened 7:24 pm. The order expired on January 4, 2008, requesting an extension until January 4, 2009. ConCom received the extension request December, 2007. Work involved is landscaping and removal of trees in the backyard. The new buyer will be doing the work this summer. He’s asking for a one-year extension. T. Neve pointed out that it’s a flat lot with no issues. The closing is scheduled for the first week of February. Extension is for the local permit only, DEP has given them three years.
Commissioner Terry Grim arrived at 7:29 pm, officially providing ConCom with a quorum. M. Dempsey made a motion that ConCom grant a one year extension to Tower Homes for 28 Stonebridge Road for the local bylaw permit to January 4, 2009. T. Grim 2nd. All in favor. Unanimous. Hearing closed 7:31 pm.
Lots 1A & 1B Stonebridge Road – Extension Request
Present: Tom Neve
Hearing opened 7:32 pm. T. Neve needs to refile a GNOI for both lots. All work has been done except for building the two homes and landscaping. They were given a limit-of-work with haybales and a stone wall installed.
*7:38 pm – Commissioner Susan Sexton arrived.
Center Place Subdivision Bond Issue –
Hearing opened 7:38 pm.
ConCom had asked that Lot 1C preferably be donated to a conservation 3rd party conservation organization. This has not been done. The Town is pursuing the taxes on this property and is in dispute.
T. Neve wants to give ConCom the land. He had asked where he could send the deed and was ready to sign it over to the Town. He pledged another lot (with neighbors) on the other side of the development to King Street. The neighbors allowed the water line to go through their property. The Town got upset with ConCom, thinking that they imposed a condition that required somebody to give land to the Town. The only people who can accept land on behalf of the Town is the Board of Selectmen. T. Neve agreed to send the deed to the Board of Selectmen over 1 ½ years ago, and was told they would get back to him. The Tax Collector started to send T. Neve tax bills. T. Neve informed him that the lot was unbuildable and told him about the covenant with the Town and offered
to send him the deed. The Tax Collector told him to send a check, not the deed. T. Neve said he wouldn’t be sending a check because he’s trying to donate the land to the Town. The Tax Collector told T. Neve that he’d be setting up a meeting between ConCom, Board of Selectmen, Planning Board, and Tom Neve to discuss this, however, the Town isn’t moving on it.
The second alternative that T. Neve suggested is to donate the land to another conservation group of our choice. He would like to help facilitate what ConCom determines, sign the deed and do the legal work. The Town can’t guarantee a conservation restriction. A third party needs to guarantee a conservation restriction. T. Neve will call Greenbelt or Trust Republic Land. T. Grim asked if any lots haven’t been built on yet. T. Neve said lots 15 and 24 haven’t been built yet. Discussion followed regarding individual bonds on each lot and releasing bond monies. Hearing closed 8:03 pm.
Haverhill Monitoring Well Installation –
Dwight Dunn, CDM (Camp, Dresser & McKee)
Hearing opened. 8:04 pm. Installation of a monitoring well. Aggregate property is in both Haverhill and Groveland. D. Dunn brought photos. The work began yesterday, and will be done tomorrow. They drilled down to bedrock 95’ and put in PVC pipe, backfilled with sand, and capped it off. Haybales are in the work area. Water shown in the picture is snowmelt. They laid down stone so the workers wouldn’t have to work in water. M. Dempsey asked him why he didn’t file. D. Dunn said as stated in the letter, state regulations, he didn’t have to file. M. Dempsey told him he should have filed locally according to our bylaw. He will be submitting a local filing, post work. Hearing continued to February 13, 2008. Hearing
closed 8:15 p.m.
ConCom Business – M. Dempsey made a motion that ConCom accept the minutes for November 14, 2007 as submitted. T. Schaefer 2nd. 4 yes. 1 abstain. Motion passed.
ConCom Business – Monday Night Sign-Offs
If there are any Board of Health Septic Plan Reviews in ConCom’s mailbox, a Commissioner needs to take it, perform a site-visit if necessary, and make the appropriate decision, ie, requesting the applicant to file. M. Dempsey emphasized their responsibility to follow-up or to request another Commissioner to do so. L. Felch will compose a new cover sheet for the BOH Septic Plan Reviews.
ConCom Business – Monday Night Sign-Offs
T. Grim made a motion to cut back the hours from 7:00 – 8:30 pm to 7:00 – 8:00 pm. S. Benanti 2nd. All in favor. Unanimous.
ConCom Business – Answered questions for Environmental Studies student Taylor Rhudick.
ConCom Business – Bylaw changes or updates to be discussed at the February 13, 2008 meeting.
ConCom Business – T. Grim said he heard water running at 39 Rollins St. from the home towards the swamp. T. Grim will contact the Board of Health if it is discharging waste water into the stream.
T. Schaefer made a motion to adjourn the meeting. T. Grim 2nd. All in favor. Unanimous. Meeting closed 9:04 pm.
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