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July 12, 2007
GCC MEETING MINUTES
July 12, 2007
Third Floor Meeting Room

Attending:  Carl Shreder, Tom Howland, John Bell, John Lopez, Charles Waters, Mike Birmingham, Steve Przyjemski, Sharon Munro


BUSINESS:

Discussion on Emma Harris Way (CoC)

MOTION to re-appoint Peter Byrnes to the Open Space Committee Carl/ Charles all/unam

MOTION to sign 21 Spofford Ave. OoC   Carl/Charles all/unam

MOTION to pay the bills Carl/ John B. all/unam

MOTION to accept meeting minutes for 4/5 with comments.

SIGNING:

Bills

Discussion on Sand and Gravel: Re: Stone Bounds; Trustees:
Ed DesJarderns (Chairman)
Kathy Ferreira (Secretary)
        
Ed DesJarderns (Chairman) – We are here to hopefully clarify a couple of situations. The boundary that is behind 15 and 16 has Conservation land that is right up to the back deck. We would like to see about shifting the line about 15’ to allow room for the resident.

Carl Shreder, GCC – This was something they (the developers) were advised not to place those homes near. It really is out of our hands.

Steve Przyjemski, Agent – It was situations were it was presumed that there was to be a no-cut boundary. Up until now they have been mowing the area until I had it stopped it because it was an area where mowing is not allowed.

John Lopez, GCC – Is this an issue of appearance?

Ed DesJarderns (Chairman) – Well, they would like a little room to move around and where it is right up to the house.

Carl Shreder, GCC – This is difficult for us because whenever there is an issue where a developer doesn’t inform the buyer of such an area.

Steve Przyjemski, Agent – There may be a legal issue with the actual developer.

Steve Przyjemski, Agent – We can do it without exploring some avenues.

Carl Shreder, GCC – This is a resource area that we are dealing with.

Steve Przyjemski, Agent – I am working with Sara with the Planning Board to establish what we are working with.

Carl Shreder, GCC – Those entire units are already in the buffer.

Steve Przyjemski, Agent – We could ask them to replant there or perhaps we could have the association get involved to plant there and to work with them on this.

Carl Shreder, GCC – Are you coordinating with Steve?

Steve Przyjemski, Agent – Yes.

Ed Desjardins (Chairman) – Yes, definitely.

Ed Desjardins (Chairman) – I would like to point out that the berms are fairly high back there.

Steve Przyjemski, Agent – This is why I want to work on the CoC.

Steve Przyjemski, Agent – The original OoC is something to review before we move forward.

Ed Desjardins (Chairman) – At some point there will be some consideration for a bridge of some sort for crossing the berms.

Steve Przyjemski, Agent – I would like to go into it more but, not tonight where we don’t have time.

Ed Desjardins (Chairman) – Okay, thank you.

        
HEARINGS:
1 Harris Way
Owner: Peter S. Confalone, Rep.: Thomas Keogh with Hancock Associates

Tom Keogh, Rep. – This is lot # 1 where there was an OoC on this in 2003 and has expired. Nothing was done so we are basically re-filing to do the exact same thing as we had proposed before. We what to clear a little by the driveway and will be no closer that 50’ to wetland.

Steve Przyjemski, Agent – Did they agree with the original delineation?

Tom Keogh, Rep. – Yes.

Carl Shreder, GCC – This is a new hearing though.

Tom Keogh, Rep. – Correct.

Carl Shreder, GCC – Has anything changed on the plan since then?

Tom Keogh, Rep. – No. It is exactly the same.

Steve Przyjemski, Agent – The only difference is that they are now in the NHESP area.

Carl Shreder, GCC – Did you hear from NHESP?

Steve Przyjemski, Agent – They are all set with NHESP and the DEP, there are no comments from either.

Mike Birmingham, GCC – So, we are really talking about the driveway here.

Tom Keogh, Rep. – Yes.

Steve Przyjemski, Agent – It really isn’t an issue.

Mike Birmingham, GCC – Can you move it 100’?

Steve Przyjemski, Agent – They can twist it and move the house.

Tom Keogh, Rep. – I could move the house a little over and still be able to get the driveway in there in a reasonable way.

Tom Keogh, Rep. – I understand what you are saying but, if I moved the driveway out of the way, the owner will have trouble turning around in the driveway.

Carl Shreder, GCC – What about a pervious surface?

Tom Keogh, Rep. – I don’t believe it would hold up to the snow plows, though.

Steve Przyjemski, Agent – If the driveway were shorter perhaps we can work with that.

Charles Waters, GCC – The whole right side of the driveway could be turned around and put on the inside.

Tom Keogh, Rep. – I will look at that but I’m concerned about the turn around.

Steve Przyjemski, Agent – The 50’ is more like 100’.

Steve Przyjemski, Agent – There should be some mitigation.

Tom Keogh, Rep. – I understand but this is not a project where every piece of the property is being used up.

Tom Keogh, Rep. – Steve, I will have an environmental consultant to walk with us on the lines and I will check into how I can work with the driveway.

Charles Waters, GCC – What was discussed on the CoC?

Steve Przyjemski, Agent – It was an old expired OOC and nothing was ever done.

Tom Keogh, Rep. – We also have a situation on Harris Way subdivision where all that needs to be done is the roadway and sidewalk. How do I file for this on completion?

Steve Przyjemski, Agent – This was not extended on the original OoC you could re-file.

Carl Shreder, GCC – We need to set precedence with this type of situation.

Mike Birmingham, GCC – I think that we need consider this further.

Carl Shreder, GCC – You haven’t started construction, yet?

Tom Keogh, Rep. – No.

MOTION to cont Aug. 23rd @ 7:30pm Tom/Carl all/unam

9 Gloria Road
Owner: Barry Low, Applicant: Kathleen Low, Rep.: Stephen Sawyer with Oak Engineers
Ed Dickson – Oak Engineers

Ed Dickson, Rep. – From the previous application this is a significant reduction in size on this project. The whole impact on the wetlands has been reduced.

Steve Przyjemski, Agent – What is the scale? It doesn’t seem to add up?

Ed Dickson, Rep. – This is solely for a visual and it may not be to scale on this plan.

Barry Low, Owner - The shed was demolished and I would like to put in the proper foundation and move it back some.

Carl Shreder, GCC – Where is the current proposed work?

Carl Shreder, GCC – Have we heard back from the DEP?

Steve Przyjemski, Agent – No and because of that we will not be able to close tonight.

Steve Przyjemski, Agent – This plan definitely still is going to need waivers.

Carl Shreder, GCC – Where is the original line?

Ed Dickson, Rep. – Here, (referring to map) so you could see we have moved significantly back.

Steve Przyjemski, Agent – These are pretty tight lots and I’m not sure what zoning has approved.

Steve Przyjemski, Agent – It is over 150 sq feet so; the shed should stay where it is.

John Bell, GCC – If it 150 sq feet then they will have to pull a permit.

Charles Waters, GCC – So, where was the easement recorded?

Barry Low, Owner – There is nothing on the deed but, it is clearly on the plan.

Carl Shreder, GCC – I don’t think we can make a decision at this time.

Ed Dickson, Rep.  – On this plan here, were it was recorded as far as an easement.

Carl Shreder, GCC – Any plantings?

Barry Low, Owner – Perhaps along the shed side we want to plant some privacy trees as a barrier.

Steve Przyjemski, Agent – The property line will keep the water rights off that little quarter there.

Mike Birmingham, GCC – Is there access there?

Barry Low, Owner – No.

Steve Przyjemski, Agent – I believe that we should plant on the other side of the silt fence to prevent erosion on that side were there is a bank drop off.

Carl Shreder, GCC – This may be something to consider allowing the erosion to be reduced.

Barry Low, Owner – There is ground cover there now. Something is growing there now.

Steve Przyjemski, Agent – We are talking more of erosion prevention.

Barry Low, Owner - The grass was a type of barrier there and we didn’t want the lawn to be over taken by other plants.

Steve Przyjemski, Agent – I think we can work with that.

Carl Shreder, GCC – We do need to be careful of the erosion there, though.

Steve Przyjemski, Agent – We can come up with something were we can make a reasonable trade-off.

Carl Shreder, GCC – Well, what do you think?

Barry Low, Owner – There is one tree that is dying and there is a lot of concern over the oak tree coming down.

Steve Przyjemski, Agent – It did not look like there is an issue with the tree dying but, I haven’t seen it recently so, we can take another look.

Carl Shreder, GCC – Well, we can’t do anything until the DEP responds.

Carl Shreder, GCC – Why haven’t they responded?

Steve Przyjemski, Agent – There really isn’t a reason.

Steve Przyjemski, Agent – Do we want to talk about some planting for erosion control.

Carl Shreder, GCC – Yes. We can do that.

Charles Waters, GCC – With local laws we should consider why you are not building up rather than out?

Barry Low, Owner – We are building up over the garage and that really wasn’t our first choice.

Charles Waters, GCC – I just want it to be clear that we have considered other alternatives.

Ed Dickson, Rep. – Is it possible to get a vote, now?

Carl Shreder, GCC – Not until DEP responds.

Ed Dickson, Rep. – Okay, so we can anticipate some completion soon.

Ed Dickson, Rep. – So, some minor modifications and some plantings.

Steve Przyjemski, Agent – Hopefully, we can talk and clarify what we want to have for plantings.

Ed Dickson, Rep. – Okay.

MOTION to cont. July 26th @ 7:15pm


Bailey Lane Bridge
Owner: Town, Applicant: Jack Moultrie (HWY Dept.), Rep: Douglas Sparrow with Sparrow Engineering & David Chappell with Chappell Engineering Associates

David Chappell – Attending

Steve Przyjemski, Agent - I believe we left off on this issue was what the most cost effective approach would be.  Now the water department had an issue with the last plan. So, what we are looking for is a packet to decide on.

David Chappell, Rep. – We had three different scenarios and the one everyone was most comfortable with was the one that we had an issue with the water department. So, we re-surveyed and re-designed the area where the flood plain is 2000 cubic feet and the elevation was about 80.8.

Mike Birmingham, GCC – So, we have 8’ before we get to road?

David Chappell, Rep. – More than that.

Charles Waters, GCC – We were talking about trying to save some trees along the road there and we are obviously going to impact the trees. However, we have tried to reduce that as much as possible.

Steve Przyjemski, Agent – They really have worked with that and it appears that they have avoided a lot of the wetlands.

Steve Przyjemski, Agent – NHESP has signed off with some stipulations.

Carl Shreder, GCC – Can you go over the bridge design?

David Chappell, Rep. – Yes, (map) we are raising the road and will expanding the existing structure were we will be a comfortable distance from the existing culvert.

Carl Shreder, GCC – Are you taking off the slab?

David Chappell, Rep. – No.

John Bell, GCC – What about access to clean it?

David Chappell, Rep. – Same as we have done in the past. It has been designed by all state standards and is in process of review.

David Chappell, Rep. – The worst spot looks like its two feet.

John Bell, GCC – So, you are going to make it down to water depot road?

David Chappell, Rep. – No not that far, only to create a smooth profile.

Carl Shreder, GCC – When would you like to start?

Steve Przyjemski, Agent – I will be putting Conservation Restrictions regarding the  low flow period.

Steve Przyjemski, Agent – How are you setting up erosion control?

David Chappell, Rep. – Just scrap away and leave it?

Steve Przyjemski, Agent – So, you will not be able to put in a silt fence?

David Chappell, Rep. – No, there needs to be access.

David Chappell, Rep. – We would like to start as soon as possible. We are already working on the bid package and there is work that could be done but, it would be limited.

David Chappell, Rep. – Possibly June or July? The pricing is good them, too.

Carl Shreder, GCC – So, you have heard from the BOH?

David Chappell, Rep. – Yes, as well as, NHESP so, it is looking good so far.

John Bell, GCC – How would the guardrail go on that?

David Chappell, Rep. – Pretty much like it was and it will be steel.

Carl Shreder, GCC – How long will this take?

David Chappell, Rep. – About 6 months.

Carl Shreder, GCC – That long?

David Chappell, Rep. – Yes.

Carl Shreder, GCC – This is really not a GCC issue. However, is this open for emergency vehicles?

David Chappell, Rep. – That doesn’t seem to be an issue with public officials. We would like to move along on this as it has gone on for some time.

Carl Shreder, GCC – Hopefully, there won’t be an issue with flooding control?

David Chappell, Rep. – Yes, we will have erosion control in place and there will be natural plantings with erosion control blanket to hold that in.

Steve Przyjemski, Agent – What will you use for fill?

David Chappell, Rep. – We may need to bring some in but, we will try to re-use existing soil.

Carl Shreder, GCC – Any comments?

David Chappell, Rep. – Any concerns please communicate with me.

Steve Przyjemski, Agent – We should work with the beaver activity there, as well.

Carl Shreder, GCC – There will be no fencing?

David Chappell, Rep. – No, a traditional guardrail.

John Bell, GCC – Could we consider a wood rail?

David Chappell, Rep. – That is a lot more costly and we don’t have the budget.

Carl Shreder, GCC – What is the life span on these in comparison.

David Chappell, Rep. – I guess that the wood one would be less on the life span if it’s hit. We can look at it if it is feasible.

Steve Przyjemski, Agent – We can ask for this but, it really isn’t in our jurisdiction.

John Lopez, GCC – What if we consider this as a scenic route?

Highway Dept – I don’t think we have one here in town.

John Lopez, GCC – So, is that something we can consider.

Carl Shreder, GCC – What’s the date on those plans?

David Chappell, Rep. – April 3rd 2007

MOTION to accept plans (NOI) John B. /Carl all/unam

MOTION to close hearing Carl/ Mike all/unam

16 True Lane
Owner: Todd Strauss; Applicant and Rep.

Mike Birmingham, GCC – Mr. Chairman I am recusing myself.

Todd Strauss, Owner  – BOH wanted an on-site visit and we did that and based on that visit we came back with a second on-site look to get a better feel for what was out there.

Todd Strauss, Owner – So, basically what we are doing on this plan based on the second on-site walk is illustrated here how we could come in on those corners. Today I want to see how we can get some feed back from you. As an applicant’s point of view, they want to get the biggest backyard they can get so, what we can do is put in permanent boundaries or whatever you want.

Carl Shreder, GCC – These bounds will be permanent and people need to understand that they do not move and that needs to be understood. The wetlands do tend to grow and there is a reason we set those boundaries.

Todd Strauss, Owner – I feel that the board has really been flexible and I also feel that we are were we need to be, as far as, what we have accomplished so far so, what about the waivers?

Steve Przyjemski, Agent – If you want to accept that the wetlands have grown and will put in the boundaries then we could consider that.

Steve Przyjemski, Agent – What he has drawn in green on the plan is what he wants and he basically wants to know what waivers for the project.

John Lopez, GCC – So what has changed?

Todd Strauss, Owner – The lines were re-drawn and waiver requests have been established.

Carl Shreder, GCC – Will you be willing to work with the mitigation if there would be a discussion on turning the lawn into something more environmentally friendly?

Todd Strauss, Owner – Yes, absolutely.

John Lopez, GCC – I fail to see how this helps the wetland and how this is a trade off with the waivers.

Tom Howland, GCC   – With the outline of the area you really don’t want to put a fence around the area.

Charles Waters, GCC – We can give the applicant a 3rd party review and they can work with us on the wetland.

Charles Waters, GCC – Could you give us all 6’ on all sides?

Steve Przyjemski, Agent – We can work that out once I can go out and look at the area.

Carl Shreder, GCC – We really would like to work with you on what we want to accomplish here even though we are considering a waiver.

Carl Shreder, GCC – I can live with this idea.

Charles Waters, GCC – We should recognize that this applicant has done the right thing in the right way and has worked really well with us.

Mike Birmingham, 12 Suzette Lane – I would like to state that; part of the wetlands is on the West side and is part of the mitigation.

Steve Przyjemski, Agent – Yes, actually makes the planting part of this to improve the wetland area.

Carl Shreder, GCC – We should make sure that there are stone markers put in place so that even when the property is sold it is clear what the boundaries are.

Carl Shreder, GCC – Even if the paperwork is lost, the markers will be there.

Todd Strauss, Owner – Thank you very much, on this.

Carl Shreder, GCC – So, you will be able to get the modified plans? Make sure all of it is complete and you have all the information for the next hearing so we can make a decision.

Steve Przyjemski, Agent - I will work with him on getting that done.

MOTION to cont July 26th @7:00pm


18 Taylor Street
Owner: David & Stephanie Bovio; Applicant and Rep.

Steve Przyjemski, Agent – They have modified the plan to comply with NHESP and to just have the addition. So, he is all set with NHESP.

David Bovio, Owner – We are just doing the 12x12 room extending the 12’.

Charles Waters, GCC – I am unclear with what the changes are.

Carl Shreder, GCC – So, you are not working with the vegetation?

David Bovio, Owner – I am working above the top retaining wall.

David Bovio, Owner – Eventually, I will put in some crushed stone.

Charles Waters, GCC – I thought there was an additional deck. I thought there was an issue with this on the setbacks.

Steve Przyjemski, Agent – I thought that there was a question on what the boundaries are.

Mike Birmingham, GCC – It will have to be a consideration on what the setbacks are.

David Bovio, Owner – I would like to naturalize the area and who ever was there before left a mess and we have cleaned it up quite a bit.

Steve Przyjemski, Agent – Right now we can work with him on a trade off with getting the vegetation planted for erosion control.

Steve Przyjemski, Agent – The DEP has requested erosion control so, we can do a silt sock.

David Bovio, Owner – There is a natural retention.

Steve Przyjemski, Agent – You can actually buy them yourself as a home owner.

Carl Shreder, GCC – So, we need a plan to approve and I am flexible with the plantings.

Steve Przyjemski, Agent – I think I can help find plants that are decent in price.

David Bovio, Owner – There is plenty of poison ivy. Ha. Ha.
John Lopez, GCC – What plants are you taking about, Steve?

Steve Przyjemski, Agent – Perhaps, we can try plants that are not as expensive and were they are flood resistant.

John Lopez, GCC – I can help with a planting plan to improve the area. I’d like to see what we could put together.

Charles Waters, GCC – Did we have a site walk?

Steve Przyjemski, Agent – Yes.

Steve Przyjemski, Agent – I did go out and measure the area but it was a little awkward with the slope.

Charles Waters, GCC – What is the delineation?

Steve Przyjemski, Agent – Mostly, cement, stone & etc.

David Bovio, Owner – Some of the cement will have to go because it is a hazard. I’m looking to put in a chain-link fence on the side there.

Charles Waters, GCC – I think that the commission would like to consider mitigation on the plantings for erosion control. So, can there be any further modifications as far as moving the addition back from pond?

Carl Shreder, GCC – Is the deck part of the project or is that off the table or what?

David Bovio, Owner – For now, maybe later I will consider the deck.

Steve Przyjemski, Agent – I was unaware that the cement was going to be removed so, I was not prepared to address it in this way.

David Bovio, Owner – I have no problem with that.

Steve Przyjemski, Agent – It will be less work for you, too.

David Bovio, Owner – Yes.

Steve Przyjemski, Agent – If you want you could put in the no-cut bounds.

John Bell, GCC – He would have to get in there to maintain the area.

Carl Shreder, GCC – I don’t know.

Steve Przyjemski, Agent – If a motion is made, we should reference this plan as not a legitimate document. The plan shows the deck plan included so, it should be clear for the future that this plan was approved with the exception of the deck.

Charles Waters, GCC – So, we aren’t waiting on anything else to make a decision?

Steve Przyjemski, Agent – No.

Charles Waters, GCC – I think that the Phase I is misleading and I think we should drop this from the plan.

Steve Przyjemski, Agent – We can date it, sign it and document it properly since there is no longer a deck.

Steve Przyjemski, Agent – This will be a waiver on the range of the wetland delineation and
because of the delineation, it is something to consider.

MOTION to approve plan with amendments/comments, stone bounds, planting and no acceptance on wetland delineation on the plan.   John L. /Tom all/unam
Mike Birmingham, Abstain

Charles Waters, GCC – I‘d like to state for the record, and to be clear, that this applicant is improving a huge part of the property with our watchful eye.

Carl Shreder, GCC – Did we motion to have the planting done and stone boundaries installed?

Carl Shreder, GCC – Any further discussion?

Steve Przyjemski, Agent – We are not accepting wetland delineation.

North Street Culvert

Steve Przyjemski, Agent – The state responded this morning and wanted minimal removal.

Carl Shreder, GCC – Isn’t this rusted through.

Steve Przyjemski, Agent – Yes.

Steve Przyjemski, Agent – You can see that it has begun to elongate.

Charles Waters, GCC – Same elevation and size?

Steve Przyjemski, Agent – Yes.

Mike Birmingham, GCC – Was there something discussed about clearing a path?

Steve Przyjemski, Agent – I did not hear that.

Mike Birmingham, GCC – How big is the road? (Looking at map)

Charles Waters, GCC – So, this is being reviewed by the DEP?

Steve Przyjemski, Agent –It was but I have heard from them since.

Steve Przyjemski, Agent – Bailey Lane Bridge project is actually leaving the existing channel.

Carl Shreder, GCC – The picture on this shows a drop off on one side there.

Steve Przyjemski, Agent – Yes, I saw this too.

Carl Shreder, GCC – There is 6” here were you can’t see was the water will jump up there.

Steve Przyjemski, Agent – I can get involved with the highway department and with your permission I can go out and review such projects.

Steve Przyjemski, Agent – I can ask about a way to modify the culvert to a square culvert rather than round.

Charles Waters, GCC – Is this classified as an emergency?

Carl Shreder, GCC – It could be considered one although it was not filed as such.

Steve Przyjemski, Agent – Yes, this needs to be done. I can discuss with them the possibility of using the square culvert vs. a round one.

Carl Shreder, GCC – The problem is holding up the project.

Steve Przyjemski, Agent – You could approve it with that question on the square pipe. I can drop it in under recommendations or what they will agree with.

Carl Shreder, GCC – I just don’t want to hold this up.

Steve Przyjemski, Agent – I will write it in as a potential modification.

MOTION to accept w/ DEP stipulations and Steve’s recommendations.       John B. /Carl all/unam - Mike Birmingham/ abstain