April 9, 2008
Present: M. Dempsey, S. Benanti, S. Sexton, T. Schaefer, C. Keene
Meeting opened 6:45 pm.
ConCom Business – 196 King Street. The applicant has been trying to build his home for many years. The Planning Board has said it’s not a buildable lot. ConCom had originally denied the permit because the building would be16’ away from wetlands, however, DEP overruled and allowed it. ConCom issued a local bylaw permit and it has expired. ConCom requested a representative from the Planning Board to attend tonight’s meeting.
ConCom Business – 6 Merritt Ave. The owner’s culvert is falling apart causing his backyard to flood and affecting his septic system. T. Schaefer will compose a letter allowing him to clean out the brush by hand, and to obtain neighbor’s permission before cleaning out their portion of culvert so that it will flow freely.
ConCom Hearings
Mass Riverways Program –
Present: G. Stebbins, T. Sales
Commissioners viewed a presentation given by Gabrielle Stebbins regarding: “What Makes a River Healthy”; “What are the Major Threats to Rivers”; and “What is the Merrimack River Survey and How Will it be Implemented?” Commissioners then viewed a presentation about the Merrimack River Watershed Council given by Tracy Sales. Presentation ended 7:54 pm.
860 Salem Street – Chesterton – Informal Discussion
Present: Neil Leonard and Linda Loreth
Informal hearing opened 7:56 pm. The applicants would like to do this work: maintenance of parking lot and roadway system primarily around Building A. They plan to break-up and repave the parking lot with no changes in its’ footprint. T. Schaefer asked if they would be going down to the surface of the dirt. N. Leonard said no, they just plan to score the surfaces, re-level and put on a finish coat.
T. Schaefer asked if they were adjusting the storm water flow? N. Leonard said it’s not part of the plan. They will be using best practices improvement with 2 catch basins and pipe. L. Loreth said it currently goes into swale and into brindle brook. M. Dempsey said it will be an improvement from what they have now. L. Loreth felt they had been grandfathered in, and wouldn’t have to file for a permit. M. Dempsey informed them that because they within 100’ from the brook, the Rivers Protection Act requires them to file with Groveland for a local permit. ConCom will conduct a site visit to determine if the applicant needs to file with DEP. T. Schaefer will conduct the site visit early next week. Hearing closed 8:22 pm.
196 King St. – Continued – NOI(new)/GNOI(extension)
Present: N. DeCoulous, R. Ahern
National Heritage sent ConCom a letter stating this project would be a “take” of habitat. N. DeCoulous has since drawn up a 6 page restriction letter for National Heritage and resolved with them. M. Dempsey asked N. DeCoulous to explain the restriction. He said the triangular area noted on the map, ie, the area in the dotted line, will be restricted. T. Schaefer suggested recording it with the deed. The homeowner needs to be notified of this knowledge when he purchases the property.
M. Dempsey asked N. DeCoulous to summarize why ConCom should grant him the ability to build a house within 17’ of wetlands. N. DeCoulous said he went to DEP and was initially denied. He then filed an appeal with DEP Boston, who then approved. A local decision was made to file with Superior Court. The insurance company went into bankruptcy in Groveland. The Town’s lawyer felt if it got approved by the DEP, why should local board not approve? Then the approval by DEP expired. The applicant came in last year to start the refilling process all over again. ConCom is being asked to grant the same permits that ConCom granted under a court settlement, with a little more fine tuning on the site to protect the habitat.
S. Benanti made a motion to pass the same OOC as the last time with the new restrictions by NHESP, extend the local bylaw GNOI for 2 years, and issue a new DEP permit for 3 years and close the hearing. 2 yes. 3 abstain. Motion passed. Closed 8:42 pm. M. Dempsey reminded the applicant that they are required to have a preconstruction hearing.
2 Marion Ave. – GRDA
Present: Nancy Bourgeois
Opened 8:44 pm. Carl Keene recused himself because he is an abutter. The applicant wants to build a deck over the retention pond behind the house. M. Dempsey then reviewed the Order of Conditions and said the entire lot is jurisdictional. Adding a deck can exceed what the WPA requires. There were supposed to be 3’-4’ diameter boulders in the back yard. ConCom determined a site visit is required. Scheduled for: Saturday, April 12th , 8:30 am. Hearing is continued until May 14, 2008. Hearing closed 9:11 pm.
Carl Keene returned to the meeting 9:12 pm.
166 Main Street - GNOI
Present: John McComiskie
Hearing opened 9:14 pm. Applicant submitted tear sheets. A Caretaker’s building has been added to the plan. Commissioner held a site visit and asked applicant to put in a rock wall and pave with porous material, add 2 granite posts with the standard placard. J. McComiske would like to use the plantings and make a picnic area. S. Sexton was concerned about fertilizers would run into the brook. She suggested mowing twice a year and allow more native plants to grow there. Applicant said there are already 30 plants there. Walkways need to be stone or cobblestones or mulch – not blacktop. ConCom will allow permeable walkways and picnic tables in the 25’-50’ zone, but nothing will be in the 0-25’ zone. Also, it should be cut
twice a season. Applicant said the salesman said the permeable surface will break up and suggested a heavy binder top coat that’s pervious. ConCom does not want retention ponds within the 50’ and wants storm water management without going into the brook. M. Dempsey recommended a permeable surface or another method of dealing with runoff outside 50’ buffer agreed to by the Conservation commission. M. Dempsey made a motion to close the hearing and to approve the project as described with previously determined restrictions being put in the Conditions. S. Benanti 2nd. All in favor. Unanimous. Hearing closed 9:47 pm.
ConCom Business – Minutes
M. Dempsey made a motion to accept the minutes from February 13, 2008 as submitted. T. Schaefer 2nd. All in favor. Unanimous.
ConCom Business – Minutes
M. Dempsey made a motion to accept the minutes from March 12, 2008 as submitted. T. Schaefer 2nd. All in favor. Unanimous.
M. Dempsey made a motion close the meeting at 9:52 pm. T. Schaefer 2nd. All in favor. Unamimous.
Respectfully submitted,
Lori Felch
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