GCC MEETING MINUTES
September 21, 2006
GENERAL BUSINESS
HEARINGS
GCC MEETING MINUTES
September 21, 2006
Attending: Carl Shreder, Mike Birmingham, Paul Nelson, Mark Gauthier, Charles Waters, Steve Przyjemski, Laura Repplier
GENERAL BUSINESS
14 TAYLOR STREET – EO
Reps: Mike & Donna Ratte, Owners
Steve Przyjemski, GCC Agent – I delivered an EO to the owners for clearing vegetation to the edge of the pond, down almost to the level of the pond. The EO has dates for receipt of a professionally prepared restoration plan by September 29 and all work to be completed by October 31.
Carl Shreder, GCC – How’d we get to this position?
Mike Ratte, Owner – We own 14 & 16 Taylor Street. There is a right-of-way between the two down to the beach. I have been clearing to get canoes etc down to the pond for years. The deeds say there has been a beach for 60 years for that end of the neighborhood. Then we bought it 6 years ago. There is the right-of-way between the two with the beach to the left. We have been raking & cleaning the beach.
Carl Shreder, GCC – It didn’t look like a beach.
Donna Ratte, Owner – It was covered in glass, the remains of a fire pit, branches. We had to move boulders from the fire pit. There wasn’t any dirt there except at the side. It’s wetland at the sides.
Mike Ratte, Owner – There are two stone walls separating the right-of-way, with rocks lying in the path. There’s a set of stairs between the pine trees, we could see the access from before. It got overgrown with poison ivy & sumac. We were letting other people come through to get to the beach. Our animals were bringing poison ivy in the house.
Donna Ratte, Owner – We were clearing poison ivy from the beach. There is an easement for people to get to the beach of unknown ownership. We were trying to reclaim it. We have been maintaining it for 10 years and maintaining the debris out of the beach lot – there were car parts and all manner of stuff there and in the water.
Carl Shreder, GCC – This activity still falls under the town & state regulations.
Donna Ratte, Owner – We used the machinery to remove the rocks & we apologize for that.
Paul Nelson, GCC – It looks like you plowed down the road.
Donna Ratte, Owner – No, we were between the pines which was where the old right-of-way was. He went around the pines & pushed the rocks off to the side. We took some soil out where the poison ivy was and pushed the layer of poison ivy roots away. It’s a constant job, we’ve been doing it for years & years. We’re still getting glass out of the sand.
Carl Shreder, GCC – Did you use a bobcat?
Mike Ratte, Owner – Yes, we had to use it for the rocks from the fire pit that were too heavy for us. There’s also a 50 gallon drum of oil that’s still in the water & no one would help with it.
Carl Shreder, GCC – Is that still there?
Donna Ratte, Owner – Yes, and it’s starting to leak, oil comes to surface now when the kids jump in the water.
Mike Ratte, Owner – I have called all sort of people at the state & couldn’t get anyone to remove it.
Carl Shreder, GCC – Steve will investigate that & contact the DEP.
Mike Ratte, Owner – There are also car parts in the water, it’s like a dump. We’ve taken debris out of the pond.
Carl Shreder, GCC – Was the access path used as a dumping ground?
Mike Ratte, Owner – I don’t know. The BOH shut down the residence & I’ve cleaned it up since then. The major part of what I’ve done was helpful.
Carl Shreder, GCC – Yes, but it should be co-ordinated with us.
Steve Przyjemski, GCC Agent – I suggest that they restore the area to its previous state with vegetation - native shrubs, a seed mix.
Carl Shreder, GCC – Yes, not poison ivy, but a natural plan that’ll deal with the vegetation to prevent erosion.
Paul Nelson, GCC – Not a lot will grow there if it’s sand. These beaches were designated for neighborhoods.
Donna Ratte, Owner – It was never taken up by the neighbors, we always took care of it.
Mike Ratte, Owner – It was offered to the town as a gift from George Taylor but the town refused it & still doesn’t want it.
Carl Shreder, GCC – We need a restoration plan.
Mike Ratte, Owner – It isn’t public anymore except for the 20’ right-of-way. Usually 2-3 times per year some of us weed whack it clear for access. The beach gets lower and lower all year as the water level goes down. There is 3-4’ of clean white sand there.
Steve Przyjemski, GCC Agent – Yes it was a path but now it’s a road due to the bobcat activities. We should restore the buffer. The beach was 20’ x 20’ now it’s 50’ x 50’. It should be restored to a small modest beach area. Most of the activity is on 14 Taylor. I don’t think they need more than a 3’ path, it’s now a 12’ road.
Carl Shreder, GCC – It’s not appropriate for a great sandy beach but is reasonable for access for canoe launching etc.
Steve Przyjemski, GCC Agent – There is a requirement for a restoration in the EO. What do we want to see in that plan?
Mike Ratte, Owner – Do you want to look at it?
Steve Przyjemski, GCC Agent – We need a basic restoration plan. Keep it as useable for the neighborhood & abutters but on a smaller scale.
Carl Shreder, GCC – That’s reasonable.
13 PINENEEDLE LANE
Steve Przyjemski, GCC Agent – The revision is minor and the OOC was extended until 2009, I recommend that this can go forward.
AMERICAN LEGION PARK TREE REMOVAL
Mike Birmingham, GCC – There is a tree growing inside the park perimeter. When they put up the ballpark fence they left an oak tree inside & it’s sprouting roots on the surface and the kids are tripping on it. There have been complaints that it is a hazard.
Steve Przyjemski, GCC Agent – I’ve also had multiple requests to take it down. It’s growing in the foul zone, some branches are growing over the foul zone. We could prune the roots & them.
Mike Birmingham, GCC – The roots are pulling up. We’ll we be liable if someone is hurt. If it’s in the park it’s in the play area.
Steve Przyjemski, GCC Agent – They want permission to cut the tree down.
Mike Birmingham, GCC – You can’t trim the roots, the tree will die.
GCC – That tree has a lot of roots to support it. Trim the roots, bury them, trim some branches & see how the tree responds over the next year.
ZONE II WAIVER
Rep: Gary Evans
Gary Evans, Attorney – I am here on behalf of the Spencers who are developing their property. I want to talk about the Zone II Wellhead Protection Area on this property. It’s a Zone II for Byfield & is not protected under your bylaw.
Carl Shreder, GCC – We can’t talk about this as we aren’t in a hearing.
Gary Evans, Attorney – I’d like to talk about it in general. I have been going over your regulations to understand the rules & regulations to determine how to approach the developing of this property. The Georgetown bylaw states that the purpose is to protect “this” municipality. The bylaw says to protect the resources of this municipality … this Zone II is for another municipality. Byfield doesn’t have the same setbacks as Georgetown does. The DEP may have guidelines as to how it protects Zone II. There is a contradiction between the bylaw & the rules. That whole area of town is encumbered by a Zone II district.
Carl Shreder, GCC – I thought it did reference other municipalities as well.
Charles Waters, GCC – Why are we deciding issues without a hearing and without the facts? We’re not a law interpreting body. I don’t think we should be responding as this is not part of a hearing & the Commission is not here to provide legal interpretation unless it is within the mechanism of a hearing.
Steve Przyjemski, GCC Agent – We closed the ANRAD hearing & they will be coming through with an NOI soon.
Charles Waters, GCC – I’m very uncomfortable even responding. You can tell us your concerns & we will think about it & respond in a public hearing.
Gary Evans, Attorney – As to whether I should be before the board or not, this is an administrative judicial board when I’m here with a hearing.
Charles Waters, GCC – But you’re not in a hearing. We’ve been appt by the Town of Georgetown to hear issues regarding the Wetland Protection Act & local bylaws. That’s what we’re here for.
Gary Evans, Attorney – As a citizen & representing a citizen I am coming forward with an NOI & want your information.
Steve Przyjemski, GCC Agent – He has discussed this with me.
Charles Waters, GCC – We can’t give an informal consult outside a hearing.
Paul Nelson, GCC – He needs to come in with an NOI & ask for a waiver from that regulation.
Gary Evans, Attorney – The ANRAD said one thing & the ORAD says something else.
Carl Shreder, GCC – Many standard things are in the ORAD.
Gary Evans, Attorney – We’re looking for jurisdiction of the board, and a reference precluding my coming back on the Zone II issue.
Steve Przyjemski, GCC Agent – You requested the ability to challenge that later. We said you could. We always indicate if special conditions apply as a forewarning in an ORAD.
Gary Evans, Attorney – This is a contradiction as a matter of law. Regulations are not to expand upon the bylaw.
Charles Waters, GCC – We’ve heard what you have to say but can’t respond. If we have an open hearing then come representing the applicants at that time & we can discuss it then.
HEARINGS
26 CHESTNUT STREET (GCC-2006-22) NOI (New)
Reps: Bob Grasso, PLS
Bob Grasso, PLS – This is a septic repair for a 3-bedroom dwelling on just over 1 acre. Seekamp flagged the wetlands. The existing system is at the left of the house. The BOH conducted 2 deep-hole perc tests. It is medium coarse sand, good for septic systems. There will be a new 1500 gallon holding tank, and a 25 x 27 leach area – 675 sf. During the work we will put staked siltation control at the Line of Work. The property is serviced by town water. The system will be 11’ off the street line (10’ is the limit). The proposed system is 80’ from the closest wetland flag.
Paul Nelson, GCC – What is the concrete runway?
Bob Grasso, PLS – That’s the walkout from the basement, a steep area.
Steve Przyjemski, GCC Agent – It’s a 6’ drop.
Carl Shreder, GCC – What was the original system?
Bob Grasso, PLS – It’s an old system. It’ll be abandoned, the new pipe will take out what was in there & we’ll fill it with clean sand.
Paul Nelson, GCC – What’s the area in back?
Bob Grasso, PLS – Grass. We’ll put a poly liner at the wetland buffer.
Steve Przyjemski, GCC Agent – There’s no other place to go with it on this lot. I can’t comment on the engineering but it cuts down on flow. No comments from DEP or NHESP.
Paul Nelson, GCC – What kind of system is this?
Bob Grasso, PLS – It’s a gravity system because it’s such a steep slope – and that’s why are using poly liner. The BOH approved it this week.
Paul Nelson, GCC – Does the poly liner cause water build up behind it?
Bob Grasso, PLS – We put the effluent through Title 5 sand, and use the liner it to force the effluent to go sideways and push it into the sand more. We’re not changing the grade from the street to the wetland, just leveling one area & staying with the natural slope of the lot. There will be surface flow over / off the system – there will be no ponding against the poly.
MOTION to accept the plan dated 8/23/06 without accepting the wetland line – Paul / Tom / Unam
MOTION to close hearing – Tom / Paul / Unam
66 THURLOW STREET (GCC-2006-04; DEP 161-0638) ANRAD (Cont)
Reps: Anthony Franciosa, Applicant
Steve Przyjemski, GCC Agent – The third party reviewer agrees with the delineation of the wetland line. There are no issues to modify for the ANRAD. The DEP is involved as there is contamination on site. I spoke with Valerie Thompson of the DEP but there is no update.
Anthony Franciosa, Applicant – I don’t know what has been happening in that regard recently. Mr Murray & his representative have taken over with the DEP & there is a different LSP than initially. We are working on a solution. You all know as much or more than I.
The jury’s still out. We want to move forward with the wetland delineation.
Steve Przyjemski, GCC Agent – The wetland line is good. Let’s give them the ORAD. The property has some issues but we’re working on those. At this point their representative is suggesting the arsenic is natural arsenic. The DEP says that’s a stretch but are willing to hear them out. We don’t have enough information to nail it down yet. The soil stratification & samples don’t convince me that it is natural and the DEP doesn’t seem to think so either.
Mike Birmingham, GCC – Is the arsenic in the wetland?
Steve Przyjemski, GCC Agent – No, it’s on a steep slope nearby.
Mark Gauthier, GCC – Are they still cleaning up the site?
Steve Przyjemski, GCC Agent – I authorized some removal with a large bulldozer, digging & more soil sampling.
Carl Shreder, GCC – Is there contamination offsite too?
Steve Przyjemski, GCC Agent – It does go slightly onto the other lot. They sampled but it wasn’t anything too alarming there. The hot area is mingled between the 2 properties. In the buffer zone there are some high lead concentrations – there are many car batteries out there. There was a large pile of debris which is now poly-tarped to contain it. The DEP is willing to let them remove the lead. In talking to Val Thompson, the real issue is the little hilltop.
Carl Shreder, GCC – This site needs a 21E evaluation.
Steve Przyjemski, GCC Agent – It won’t be resolved anytime in the near future.
MOTION to issue the ORAD based on the plan dated 1/25/06 – Paul / Tom / Unam
MOTION to close the hearing – Paul / Tom / Unam
PARISH ROAD – MAP 20, LOT 1 (GCC-2006-23) NOI (New)
Reps: Mary Rimmer, Rimmer Environmental; Matt Brassard, Brassard Engineering; Paul DiLorenzo, Owner;
Mary Rimmer, Rimmer Environmental – This is a 40 acre parcel with frontage 1000’ on Larkin & Parish Rd, all in Georgetown. Wheeler Brook is at the Southern boundary. The north section is 14 acres, the south section is 26 acres. The site contains an existing gravel road along the western property boundary. There is ATV use along footpaths throughout. There is an existing culvert constructed as part of the Rt 95 drainage. There is a wetland associated with the drainage ditch along Larkin Rd. The northern section is open field, we show the tree line on the plan with a tributary stream. Flagged in the fall 2005. There is forested wetland, along Wheeler Brook. Also a stand of phragmites. There is a 100-yr floodplain on site contained within
the wetland, there is no work proposed there. Zone II is at the north, and cuts the site in half. This is a 40 acre site with 25 acres proposed as open space which abuts existing conservation land.
Matt Brassard, Brassard Engineering – This is an application under the ISH bylaw proposal.
Charles Waters, GCC – It’s not going through OSRD?
Matt Brassard, Brassard Engineering – We completed the OSRD & yield plan process 2-3 weeks ago. Then filed the ISH plan with the Planning Board at same time as this filing. This has been submitted as a NOI & ISH. The 200’ RPA is on the plan. The brown areas require grading & landscaping.
Carl Shreder, GCC – You are proposing a road through a resource area?
Matt Brassard, Brassard Engineering – Improvement of an existing gravel road with no impacts to the wetland area.
Mike Birmingham, GCC – Are you asking for a variance?
Matt Brassard, Brassard Engineering – Yes
Steve Przyjemski, GCC Agent – It would be a major expansion of it.
Carl Shreder, GCC – That’s just a farm road. You are proposing to turn it into a full sub-division road.
Steve Przyjemski, GCC Agent – 200’ off property delineation has not been done. What’s on the other side of the roads? We need to know that for the watershed information.
Mike Birmingham, GCC –What is the size of the culvert under the highway?
Paul Nelson, GCC – 60’ long and 5’ diameter under the gravel road.
Matt Brassard, Brassard Engineering – Zone II is not shown but it goes about halfway across the site.
Carl Shreder, GCC – Are there any Natural Heritage concerns?
Matt Brassard, Brassard Engineering – No.
Carl Shreder, GCC – We need a site walk but we can’t do it after October 15.
Mary Rimmer, Rimmer Environmental – The alternatives analysis is in the NOI.
Paul Nelson, GCC – We need to understand the waivers that are being requested.
Matt Brassard, Brassard Engineering – This is LID with drainage managed by bio-cells everywhere.
Carl Shreder, GCC – Some of these things are tight by the wetland line which hasn’t been approved yet.
Paul Nelson, GCC – If you cut down on the number of units you could slide it all south & reduce the work in the buffer zone.
MOTION for 3rd party review, Steve Przyjemski to select – Mike / Tom / Unam
MOTION for site walk on October 14 at 8:00 abutters welcome – Mark / Tom / Unam
Mary Rimmer, Rimmer Environmental – The variances include: Wetland delineation 200’outside to property; a wetland crossing; grading in the buffer zone.
Carl Shreder, GCC – Where is the septic system?
Matt Brassard, Brassard Engineering – There is a shared system at the NE. There will be no substantial work required to make the gravel road comply.
Steve Przyjemski, GCC Agent – That road is only 8-10’ wide now.
Matt Brassard, Brassard Engineering – We’re going up to 24’ full section roadway.
Mark Gauthier, GCC – You’re saying there will be no significant activity but you’re increasing the road from 8-10’ to 24’?
Paul Nelson, GCC – Would we even consider the waivers being requested?
Carl Shreder, GCC – First thing is to assess the resources out there.
Paul Nelson, GCC – I don’t see any good alternatives in the alternatives analysis. I’d like to see better alternatives analysis, show us what you can do without needing any waivers.
MOTION to continue to November 2, 2006 at 8:00 – Tom / Mike / Unam
STONE ROW – LOT 14 (GCC-2005-031; DEP 161-0635) ANRAD (Cont)
Reps: George Agganis, Owner; TJ Conti, Owner; Cynthia Tario, Beals Associates
Steve Przyjemski, GCC Agent – Our 3rd party reviewer is meeting the applicant on site to nail down the areas of concern.
George Agganis, Owner – Paul Nelson asked for alternatives analysis and that’s what we’re trying to do. We will meet with the 3rd party and Beals onsite.
Carl Shreder, GCC – We need a correct plan to move forward.
George Agganis, Owner – The flags are moving slightly.
MOTION to continue to November 2 at 9:00 – Tom / Mike / Unam
86 LAKESHORE DRIVE (GCC-2006-18) NOI (New)
Reps: Tim Jellow, Owner; Tom Carbone, Design Engineer
Tim Jellow, Owner – You wanted Tom Carbone to come in to discuss alternative systems & if it would fit better in my lot.
Tom Carbone, Design Engineer – When I did this design & got BOH approval the Presby system hadn’t been approved in MA yet. In this case it won’t work & would actually take up more room. The state says you needs more than 400 sf leaching area for a Presby. With a flow diffuser & everything included it’s less than that.
Carl Shreder, GCC – I thought it would be more efficient with a smaller leaching field.
Tom Carbone, Design Engineer – Yes if it’s more than 4 bedrooms, this is a 2 bedroom house. In this case the flow diffuser works better.
Carl Shreder, GCC – So, you can get the system under 400 sf with a conventional design but it would have to be greater than 400 sf with a Presby?
Tom Carbone, Design Engineer – That’s right, so we wouldn’t be able to stay as far away from the stream as we are. We have a wall on 4 sides of the system layered with poly barrier. This is not to protect the resource but to prevent lateral reaching as it is a raised system.
Mike Birmingham, GCC – Are heavy rains a problem? You have to have some place for rainfall to go.
Tom Carbone, Design Engineer – With this area you have a decent perc rate and also grading to will crown the system so water will run off.
Mike Birmingham, GCC – How far down does the poly go?
Tom Carbone, Design Engineer – Only 1’ down.
Paul Nelson, GCC – So there is a wall on 4 sides with a sloping crown on top so heavy rain will sheet to the edges & flow out.
Tom Carbone, Design Engineer – Yes, it will sheet over the wall.
Paul Nelson, GCC – We require a silt sock instead of haybales.
Steve Przyjemski, GCC Agent – I’ll give you info about that and specify it in the OOC.
MOTION to accept the plan 6/13/06 not accepting wetland lines – Paul / Mike / Unam
MOTION to withdraw the motion to accept the plan.
MOTION to continue the hearing to October 5, 7:14 – Mike / Tom / Unam
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