GCC MEETING MINUTES
October 12, 2006
HEARINGS
GCC MEETING MINUTES
October 12, 2006
Attending: Carl Shreder, Paul Nelson, Mark Gauthier, Paul Nelson, Tom Howland, Steve Przyjemski, Laura Repplier
HEARINGS
114 NORTH STREET (GCC-2006-28) RDA (New)
Reps: Jim Withrow, Owner; Bob Loughlan, Contractor
Jim Withrow, Owner – This is an existing cement block patio. We don’t use it often and would like to put in a deck instead. A deck would open up the soil. We would remove the patio & just put the deck on pillars for supports. It would make that area permeable. It’s a small deck – 15’ x 14’. The blocks are cemented solidly in. We want to take it out if we’re permitted. I tried to get a shovel in there but couldn’t get to the bottom, even so it can’t be too deep. It hasn’t been put in with the usual 24” gravel base. It isn’t cracked or heaved.
Paul Nelson, GCC – How far is it from the resource?
Jim Withrow, Owner – Almost 100’ away.
Steve Przyjemski, GCC Agent – It is roughly 90’ away from the BVW associated with the Parker River.
Paul Nelson, GCC – So this more a riparian concern than a BVW issue.
Steve Przyjemski, GCC Agent – I didn’t think it would go beyond the raised bulkhead. My recommendation was that it shouldn’t go beyond there, the applicants put it a bit farther but it doesn’t make a big diff. My recommendation is to let it go through with conditions.
Carl Shreder, GCC – Will the deck have dug footings?
Bob Loughlan, Contractor – Yes, 6 of them.
Steve Przyjemski, GCC Agent – It is an already disturbed area within the 50’ buffer. They are removing an impervious surface & replacing it with pervious surface.
Jim Withrow, Owner – The original blocks are being removed.
Steve Przyjemski, GCC Agent – They could add plantings around the edge & silt fence around the area. I don’t know how deep the cement goes so it might be more or less disturbance but the plantings would make up for the disturbance. I would consider this an improvement to the area. Would the applicants consider plantings behind the shed?
Jim Withrow, Owner – Yes.
Steve Przyjemski, GCC Agent – We can work that out in the field.
MOTION to issue a negative determination with conditions including shrub planting & removal of the existing sub-platform & siltation control to be determined by the agent – Mark / John / Unam
MOTION to close the hearing – John / Tom / Unam
86 LAKESHORE DRIVE (GCC-2006-18; DEP Not Issued) NOI (Cont)
MOTION to continue to November 2 at 7:15 – Tom / John / Unam
5 HART CIRCLE (GCC-2006-25) RDA (New)
Reps: Mr. Savos Danos, Consultant
Savos Danos, Consultant – This property is completely within the resource area – there is a brook at the side & a BVW near the septic. We can’t do anything on property without being in the resource area. The shed is to be installed at the edge of the property in grassed area. There are no Sonar tubes just brick products laid at the corners. There will be no impact and no erosion. We are asking you to issue a negative determination.
Carl Shreder, GCC – How much fuel will be stored in the shed?
Savos Danos, Consultant – About 1 gallon, he won’t be keeping extra fuel. The property is small. I have a letter of support from an abutter, Patricia & Alan Barlow, adjacent to them.
Carl Shreder, GCC – There is a minimum 20’ setback from the property line?
Savos Danos, Consultant – Yes.
Paul Nelson, GCC – The position where he wants to put this shed is a drainage swale, the soil is even brown there. Would it be blocking the flow?
Savos Danos, Consultant – No, if you look at the topo it shows a slight gradient across the property . If it is on blocks it won’t affect drainage.
Carl Shreder, GCC – Can it go anywhere else on property?
Savos Danos, Consultant – No. This is accessible to him & not intrusive to the neighbors. There will be no negative impact at all. He can add a drip edge to prevent erosion from runoff.
Paul Nelson, GCC – This is a drainage swale, water has been draining through there.
Carl Shreder, GCC – Will it be on a foundation? If it is larger than 120 sf it will need sonar tubes but this is smaller. In fact, it’s so small he doesn’t even need a building permit.
Mark Gauthier, GCC – How close is it to the BVW?
Paul Nelson, GCC – It’s in it.
Steve Przyjemski, GCC Agent – It’s closer than as shown in this plan.
Mark Gauthier, GCC – The regulations say it has to be 50’ away.
Savos Danos, Consultant – If it has to be 50’ then he can put it by the drive. He can’t put it by the house as it would be too close to the property line.
Carl Shreder, GCC – So it won’t be on permanent footings?
Mark Gauthier, GCC – You can put it in another location, it doesn’t have to be there.
Carl Shreder, GCC – If you want a negative determination then it needs to go outside the 50’ line. A small shed doesn’t pose a huge risk, but we are looking to see if there is some flexibility there for you to get closer to our regulations. We will work with the applicant but we have to follow our regulations. We ask that you look at alternatives.
Steve Przyjemski, GCC Agent – We are also looking for plantings. I first visited here last year when the owners did some illegal cutting of trees & vegetation. We need to get more of the buffer back.
Carl Shreder, GCC – Let us see some alternatives.
MOTION to continue to October 19 at 7:15 – John / Mark / Unam
25 BAILEY LANE (GCC-2006-16; DEP 161-0651) NOI (Cont)
MOTION to continue to December 14 at 7:30 – Paul / Mark / Unam
74 JACKMAN STREET (GCC-2006-17; DEP 161-0645) NOI (Cont)
MOTION to continue to March 22 at 7:30 – Paul / John / Unam
119 EAST MAIN STREET (GCC-2006-24) NOI (New)
Reps: William Holt, Professional Land Services
William Holt, PLS – This septic system is in failure, it has not passed Title 5. The wetland delineation was done in August 2005 by Seekamp. The resources on site include a BVW (B series flags), Riverfront (R series flags), and a BLSF at 82.5’ elevation. We will have to remove part of the old system. The old system was small, an old T5 system.
Carl Shreder, GCC – Can you turn it 90 deg to the North?
William Holt, PLS – There are property line issues over there. We will be grading right up to the property line. We needed a waiver for that, the BOH granted it. The existing tank is in back of the house. The new tank will be a 2000 gal tank with a pump chamber to pump it up the grade. Using an infiltrator gave us a 30% reduction in the size of system.
Paul Nelson, GCC – Are you adding fill to put the system in?
William Holt, PLS – Yes. It’s a sandy water table. We need to add fill to get to the 5’ separation between the system and the water table.
Carl Shreder, GCC – How long has this house been there?
William Holt, PLS – Since the 1800s. We didn’t want to do an alternative system that might need maintenance as there are 2 owners of the property – it’s a condo - & that could be complicated.
John Bell, GCC – This is at the farthest point away.
Carl Shreder, GCC – There is no DEP number as yet so we have to continue the hearing and give the applicant directions if we want to see anything different.
Paul Nelson, GCC / Mark Gauthier, GCC – There doesn’t appear to be an alternative.
MOTION to continue to November 2 at 7:14 – Paul / Tom / Unam
10 SEARLE STREET (GCC-2006-27; DEP 161-0650) NOI (New)
Reps: Jim Bussing, Owner
Jim Bussing, Owner – Shown on the plan is the 100-200 ft path the backhoe will take. It goes through the abutter’s property but will not be hitting any large trees, only small ones.
John Bell, GCC – Are there trees blocking access?
Jim Bussing, Owner – Yes, on my property, about 60-100’ from the lot line. We are digging perc pits for one SFH, 4 deep holes. It will be about a 100’ x 150’ area we’re testing in. The delineation was done 4 years ago. I want the board to check it and have a 3rd party check as well.
Carl Shreder, GCC – It’s unusual to have an NOI for test pits. We have to do a 3rd party review. This will mean you have to file additional NOIs for the septic as well as the test pits.
Paul Nelson, GCC – Thus is just to see whether he can take a backhoe in 50’?
Carl Shreder, GCC – Yes, just to make sure significant disturbance doesn’t occur during that process. This controls the test pitting process.
Paul Nelson, GCC – The OoC can say we will inspect the area afterwards.
Steve Przyjemski, GCC Agent – We don’t have to accept the wetland line for test pitting, that can be done in the Spring.
MOTION to hold a site walk on October 14 at 10:00 am – Mark / John / Unam
Jim Bussing, Owner – Abutters etc may come on the site walk. You can see the backhoe path from my property. The land is high & dry so we don’t want to put up siltation barrier. We’d like permission for the backhoe work without siltation.
Jim Dimento, Park & Rec – Will this move forward this year?
Carl Shreder, GCC – This NOI is just for test pits, the next phase is an NOI for building the house. Then we can have a 3rd party to approve the wetland line.
Jackie Brocklebank, Resident – How much damage does a backhoe make going through a wetland? How much damage would trucks do?
Carl Shreder, GCC – That’s what we’re trying to establish. We won’t let that happen.
John Bell, GCC – This is actually thru the buffer zone rather than a wetland.
MOTION to continue to October 19 at 8:30 – Mark / John / Unam
COMMISSIONER TOM HOWLAND LEFT THE BUILDING
220 ANDOVER STREET (GCC-2006-29) RDA (New)
Reps: Bob Lynch, Atlantic Engineering; Mr & Mrs George Rose, Owners
Bob Lynch, Atlantic Engineering – This is a BVW with 100’ offset. Everything we plan will be outside the 100’ buffer zone regardless of where the line is.
GCC – We need to know where the line is exactly.
Mark Gauthier, GCC – We’re can’t approve this without a delineation.
GCC – Convert the filing form to an ANRAD. Schedule a 3rd party review.
MOTION for site walk on April 21, 2007 at 8:00 am – Paul / Mark / Unam
MOTION to continue to May 3, 2007 at 7:30 – Paul / Mark / Unam
129 ELM STREET (GCC-2006-30; DEP 161-0649) NOI (New)
Reps: Kurt Young, Wetland Preservation Inc; Marty Halloran, T-Square Design; Denise Broderan, Attorney
Kurt Young, WPI – This is a SFH, we have gone through the ANRAD process. The line on the plan shows a BVW behind the property, an intermittent stream at the south from street drainage & culvert. We have proposed a 25 No-Cut / No-Disturb zone to be established after construction. We are constructing a 4’ high retaining wall at the back to increase the grade & allow for establishment of the No-Disturb zone. We will rip-rap the retained slope to hold the slope back from the wetland. We will restore back to the 25’ zone & add monumentation. Some portions of site are not currently vegetated, we would add shrubs in there. The septic will be at the edge of Elm St. We have submitted to the BOH but there has been no action on it yet. We are asking
for the following waivers: Septic just within 75’ of the wetland; Work within the 75’; Structure within the 75’. This is a pre-existing house lot that was sub-divided in 1989.
Steve Przyjemski, GCC Agent – The Assessors say it was sub-divided in 1999.
Denise Broderan, Attorney – It has been accepted as a buildable lot since 1989.
Paul Nelson, GCC – Sub-dividing doesn’t necessarily create a buildable lot. The bylaws have changed dramatically since then.
Denise Broderan, Attorney – Do you want to deal with a regulatory taking or grandfather it in?
Paul Nelson, GCC – I’ve walked that lot, it will go under water without adding a lot of fill. If you fill it in & put a wall in there you’ll change the whole drainage characteristics out there.
Marty Halloran, T-Square Design – The house can be infiltrated, it’s silty soil.
Paul Nelson, GCC – The perc tests shown here are the design rate?
Marty Halloran, T-Square Design – The rate is 2 minutes.
Carl Shreder, GCC – This is a new septic system & doesn’t meet our regulations?
Kurt Young, WPI – No, it doesn’t meet your regulations.
Carl Shreder, GCC – Has the BOH seen this yet?
Kurt Young, WPI – Yes, but they haven’t had a hearing on it yet.
Paul Nelson, GCC – Why are you putting a retaining wall at the rear of the property?
Kurt Young, WPI – To confine the grading so it doesn’t have to go back farther.
Paul Nelson, GCC - There’s a stream running back there that’s more than perennial.
Mark Gauthier, GCC – That land has been under water 20 times in 20 years. That land has been inundated more than once in 100 years.
Kurt Young, WPI – I don’t think anyone has seen water come up in this buildable portion of the site.
Paul Nelson, GCC – Everything in here is well within our setbacks. The state recommends that protection extends at least 100’ from resource.
Denise Broderan, Attorney – This is a previously disturbed site. This intermittent stream is created by the city & doesn’t have an easement – the water drains out of this garage.
Mark Gauthier, GCC – That stream came from the pond at the top of that property.
Paul Nelson, GCC – When they put the road in they needed somewhere to drain the lake.
Kurt Young, WPI – Elm St is over 150 yrs old. Jack Moultrie said that before he took office this ponded water & he put the pipe in.
Paul Nelson, GCC – They had to put that culvert there because there’s a stream running there. It isn’t to drain anything but a stream.
Steve Przyjemski, GCC Agent – Do you have a memo from Jack regarding that?
Mark Gauthier, GCC – We want Jack to certify when that culvert was put in & why.
Carl Shreder, GCC – Are there any aspects of the bylaw you can comply with?
Kurt Young- Yes, we aren’t filling. There are 3 regulations we do not comply with.
Paul Nelson, GCC – I’m amazed you went forward with this after the ANRAD.
Kurt Young, WPI – This will be a 3 bedroom house.
Paul Nelson, GCC – There is no basement so at least you won’t need a sump-pump.
Kurt Young, WPI – According to the elevations of groundwater tables we had to put a slab there instead of a deep foundation.
Mark Gauthier, GCC – What is the retaining wall for?
Marty Halloran, T-Square Design – To allow for the creation of a back yard.
Kurt Young, WPI – Otherwise the grading would extend farther.
Paul Nelson, GCC – The slab is about 4’ higher than the elevation is now. The bigger problem is adding 4’ to the slab height.
Marty Halloran, T-Square Design – That’s because we had to put septic 5’ above the water table.
Paul Nelson, GCC – This is a whole chain of events where you have to keep doing more & more to make it fit.
Denise Broderan, Attorney – What other information do you need?
Steve Przyjemski, GCC Agent – We need to know when it was sub-divided. The Assessors told me it was 1999.
Steve Przyjemski, GCC Agent – How about alternative plans? Can it be reduced to 2 bedrooms, for instance?
Paul Nelson, GCC – Even if you made it 1 bedroom it wouldn’t make a difference. 80% of the house is within the 75’.
GCC – We’d like to see alternatives.
Mark Gauthier, GCC – Could you move the house forward & the septic system sideways?
Paul Nelson, GCC – If you take a line 100’-75’ away from the wetland there’s nothing left – you’re stuck with waivers.
Kurt Young, WPI – We should look at what are the most significant resources. The BVW has more value than the stream.
Steve Przyjemski, GCC Agent – Yes but, they aren’t separated, they’re the same system.
Carl Shreder, GCC – We have never allowed a new septic within the 100’.
Mark Gauthier, GCC – So then technically they can’t get a septic into this lot under the bylaw.
Carl Shreder, GCC – We need to see alternatives. That is required under our regulations. And you have to demonstrate hardship.
Mark Gauthier, GCC – You need to find some way to work with the stream.
Carl Shreder, GCC – Is this an impervious driveway?
Kurt Young, WPI – Yes.
Carl Shreder, GCC – That’s another thing you can work with. How are you addressing that? Are you creating a large area of impervious surface?
Marty Halloran, T-Square Design – There is an infiltrator at the back of the house & for the roof.
Carl Shreder, GCC – Does it go into the ground, not into the wetland?
Marty Halloran, T-Square Design – It goes into the ground.
Mark Gauthier, GCC – Will you need the retaining wall with another plan?
Marty Halloran, T-Square Design – It is in another position. We need 15’ behind the house for functional area.
Mark Gauthier, GCC – Does it have to be 4’ high?
Marty Halloran, T-Square Design – We can put a slope on it.
Carl Shreder, GCC – What is the size of the house footprint?
Kurt Young, WPI – 60’ x 24’ altogether including the garage. It’s a small cape.
GCC – It needs to have a reserve septic area.
Kurt Young, WPI – We can look at alternatives & get the sub-division information & drainage information from Jack. We will also calculate the total square footage inside the retaining wall.
MOTION to continue to November 16 at 7:30 – Mark / John / Unam
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