GCC MEETING MINUTES
May 17, 2007
Third Floor Meeting Room
Attending: Paul Nelson, Tom Howland, John Lopez, John Bell, Charles Waters, Steve Przyjemski, Sharon Munro
Charles Waters – Acting chairperson.
BUSINESS:
Tidds EO
Positive determination for 21 Spofford Ave.
Negative determination for 220 Andover Street
MOTION to sign negative determination for 220 Andover St.
MOTION to sign positive determination for 21 Spofford Ave.
MOTION to sign EO for Tidds junkyard
MOTION to sign COC for original lost in mail
MOTION to appoint Chair for Camp Denison committee– Robert Apprich. Charles/ Tom all/unam
MOTION to pay bills. Charles/ Paul All /Unam
Pictures for Commissioners’ Ids
Discussion on Open Space:
Steve Przyjemski, Agent - Open space review on making the open space maps and information available to the public.
Steve Przyjemski, Agent - Do we want to wait 60 days to air this publicly?
John Lopez, GCC - Is there a link on our web site?
Steve Przyjemski, Agent - Yes, we could possibly put that in but we have one already.
Steve Przyjemski, Agent - The Planning Board have brought project offers for open space but, it really isn’t good open space and what happens is we are not winning on the land that we are getting because we are only really getting back the land we are simply getting the resource areas. It’s already protected anyway.
Steve Przyjemski, Agent - The Planning Board is really good at planning but, not for conservation land. Sara recommended a parcel of land and I disagree with what the PB considered a good piece of land.
Charles Waters, GCC - So, this is the Planning Board giving this out?
Steve Przyjemski, Agent - They gave an okay for a piece of land and we had not consented on, as well.
Paul Nelson, GCC – So, another Board accepted the land for us?
Steve Przyjemski, Agent - Yes.
Steve Przyjemski, Agent - Sara explained that is why we need to be involved.
Discussion on Rock Pond
Steve Przyjemski, Agent - I feel that this is an emergency issue where the tree is 50’ from a house.
John Bell, GCC - Is there is any rot?
Steve Przyjemski, Agent - It is obviously not a sick tree and is 60’ tall.
John Bell, GCC - Can we trim it?
Charles Waters, GCC - It is a 60’ tree.
Steve Przyjemski, Agent - There is immediate danger because of the branches. Not rather the tree is not healthy.
Paul Nelson, GCC - It seems that a tree that would not be getting enough sun would then shed.
Steve Przyjemski, Agent - I have a problem because the tree is healthy but, it is clearly an issue with danger.
Paul Nelson, GCC - We could be doing this all over town if we used these criteria.
Charles Waters, GCC - I think we could let Steve make the decision on something like this. I think this is the question he is asking.
Paul Nelson, GCC – Sure.
John Lopez, GCC - If they are falling down and crashing through the roof.
Charles Waters, GCC - That’s not the issue. Are we going to let Steve make the decision?
Steve Przyjemski, Agent - Were it is safety issue and if we do it as an emergency. I’m just looking to make the decision in an emergency situation, only.
Discussion on Pentucket Pond – to replace the sand on the beach.
John Lopez, GCC - Does this owner want to add to the land?
Steve Przyjemski, Agent - It is more about how this owner should go about how to move through this process because I’m not familiar with it.
Paul Nelson, GCC - We could do an NOI filing with a stipulation.
Steve Przyjemski, Agent - I would go with an NOI and do it the right way. I don’t know about waiving the fee, yet.
Steve Przyjemski, Agent – The requestor is an association – a group of persons.
Steve Przyjemski, Agent - I will email on Monday what the stipulations should be and perhaps get NHESP involved.
Paul Nelson, GCC - I recommend going through the Park and Recreation Committee to see what they do in a situation like this.
John Lopez, GCC - What about matching the soil there?
Paul Nelson, GCC – I’m not sure.
Discussion with applicant about extending OOC for Parker River Landing
Mike Resotte: Surveyors for Pulte Homes Reality – A good portion of the work is done but, we are looking for a year extension.
Steve Przyjemski, Agent – So, have the foundations all been poured?
Mike Resotte, Rep. – Yes.
Tom Howland, GCC - When did the original OoC run out?
Steve Przyjemski, Agent - They actually did get this renewal in on time.
Tom Howland, GCC - Okay. Steve Przyjemski, Agent - My concern is how is the state of the grass there.
Mike Resotte, Rep., - We just haven’t kept it mowed lately.
Paul Nelson, GCC - There shouldn’t have been grass there in the first place.
Mike Resotti, Rep., - This area is behind the units and is where the open area where the railroad right of way was.
Steve Przyjemski, Agent - So, you just put grass in the area?
Mike Rosotte, Rep., - If they mowed it would have been different.
Steve Przyjemski, Agent – So, do you think you could get it mowed, so we can see what is going on there?
Mike Rossotti, Rep., - Okay, sure.
Steve Przyjemski, Agent – Perhaps, when we get some more views from the scientists to make some suggestions for the reduction of erosion we will have a better idea.
Charles Waters, GCC – So, you (Steve P.) have been down there?
Steve Przyjemski, Agent – Yes.
Paul Nelson, GCC - It would be a good idea to be more aggressive about the areas where ‘temporary disturbance’ was allowed.
MOTION to conduct site walk for Parker River Landing on July 28th @ 8:00am. Tom/ Charles all/unam
John Lopez, GCC – Has there been a formal comment about this being a turtle nesting area?
Steve Przyjemski, Agent - Well, we have seen the area with turtles.
Mike Ressotti, Rep., - Do you want me to get someone out there to take a look at the area?
16 True Lane
Todd Stauss, Applicant
Charles Waters, GCC - I believe we had a site walk for this and that’s were we would be were we had left off on the discussion?
Steve Przyjemski, Agent - There was expressed concern over the wetland being a bit larger than originally anticipated. The wetland appeared to be larger and perhaps we should bring this to attention.
Paul Nelson, GCC - When I was out there the wetland seemed very close to the yard.
Steve Przyjemski, Agent - It does appear to be much like a wetland back there.
Todd Stauss, Appl. - We did get a lot of rain, do you think it could have affected the appearance of the land?
Steve Przyjemski, Agent - It could but, the stain leads one to think that it is wetland.
Paul Nelson, GCC – However, looking at the arcview display, it doesn’t even appear to be close to it.
Steve Przyjemski, Agent - It could have changed quite a bit since those photos have been taken.
Steve Przyjemski, Agent – However, there is a finger of this wetland that clearly comes out to
this culvert.
Todd Stauss, Appl. - It hasn’t turned wet since we have lived there so, if that gives the perspective I have.
Steve Przyjemski, Agent - I feel that the 50’ bounds are being pushed. Where it appears there is a change in how that has moved.
Todd Stauss, Appl. - We moved the lawn about 50’. So, we are trying to arrange it to were it can still be a yard for the kids.
Steve Przyjemski, Agent - Would you be willing to move it in a little further?
Todd Strauss, Appl., - I don’t know if I can move it further but, I will be willing to work something out.
Todd Strauss, Appl., - We are not wanting to move it in further.
Tom Howland, GCC - It seems as though you have a large front yard.
Todd Strauss, Appl., - Yes, but for privacy reasons and safety of the children, we want to utilize the backyard.
Todd Strauss, Appl., - We were new home owners and didn’t realize our property would border the wetland.
John Bell, GCC - I missed the site walk but, it seemed that you had a fairly large backyard.
Steve Przyjemski, Agent - When you put in the backyard, how would you go about doing the yard?
Paul Nelson, GCC - Are you going to clear the trees?
Todd Stauss, Appl. - The existing NOI is not going to be used to build up the backyard. Only enough clean fill to level and we will put in silt screen.
Paul Nelson, GCC - How would you maintain the new grass? The concern is how the water runs through your yard and how that will affect the rivers and waterways near you home.
Todd Stauss, Appl. – Well, I could look into proper fertilization and take proper measures to make sure it is safe.
Paul Nelson, GCC - We could make that a condition in the OoC to make that a stipulation.
Steve Przyjemski, Agent – So, if we put this in as a stipulation and have it registered with the Registry of Deeds then it would be more concrete.
Charles Waters, GCC - It would just make this better, were if there is a new owner they will be aware of OoC.
Charles Waters, GCC - Steve you need to look into a CoC to see if it has been filed.
Charles Waters, GCC - We could go through an NOI.
Todd Stauss, Appl. - As a homeowner, I felt we are trying to do this through the proper channels and if the commission would understand that the cost will max us out soon. It will be beyond our means.
Steve Przyjemski, Agent - The RDA is forcing an answer.
Charles Waters, GCC - I’m trying to see an easier way for this but, we still protect the wetland values and try to save the applicant additional cost.
Paul Nelson, GCC – Perhaps, we should go out and really look at the area, again.
Steve Przyjemski, Agent - The area does look different and it would be good to look at the actual distance.
Steve Przyjemski, Agent - Why don’t we continue this hearing and come back to discuss this after the site walk has been conducted?
Charles Waters, GCC – I would like to see if the applicant would like to continue verbally.
Todd Stauss. Appl. – Yes, I want to comply to best to my ability.
Charles Waters, GCC - Paul and Steve are willing to go out to look at the area.
John Lopez, GCC - I would like to tag along, as well.
Charles Waters, GCC - We need a verbal agreement on a continuation.
Steve Przyjemski, Agent - We could have this done within a month.
Charles Waters, GCC - The commission has to feel comfortable with this, first. Steve and Paul will go out there and make the commission feel comfortable with it.
Charles Waters, GCC – The lawn care will also be addressed.
Charles Waters, GCC – Any comments?
MOTION to continue June 14 @ 8:30 for 16 True Lane.
18 Taylor Street
David & Stephanie Bovio, Applicants
David Bovio, Owner – I am David Bovio and I am the applicant for the project on 18 Taylor Street.
Charles Waters, GCC - You (Steve) have done the site walk, what did you see?
Steve Przyjemski, Agent - There really isn’t much room to get a lot of big machinery in there.
All of the activities are going to be waivers.
Charles Waters, GCC - What is the distance from the pond?
Paul Nelson, GCC - What about the addition? (Talking about distance)
Steve Przyjemski, Agent - It could have a potential benefit, depending on the angle you approach this with.
Steve Przyjemski, Agent - The problem with it is the erosion control.
David Bovio, Owner - Amanda called me back from NHESP about the area were we what to extent. They say that as long we meet their standards it would be doable.
Paul Nelson, GCC - It seems that this is following a building code rather than the protection of the little critters.
David Bovio, Owner - I don’t know how to interpret it, other than that. It was how it was interpreted to me.
Paul Nelson, GCC - It really doesn’t say what we can do to protect the wildlife.
David Bovio, Owner - She couldn’t give me any more information about this. So, I’m not sure what to think.
Steve Przyjemski, Agent - I’m not sure about the interpretation?
Steve Przyjemski, Agent - It is almost like saying that if there already is an existing building then it won’t be an issue.
Paul Nelson, GCC - Are there any exceptions?
Charles Waters, GCC - I don’t think they are saying it’s not protected.
Paul Nelson, GCC - I want to look into the exceptions.
David Bovio, Owner - She talked me through the site and had me look through the regulations review.
Paul Nelson, GCC - I think you need to read 16 – 3321.
Paul Nelson, GCC – So, do the special setbacks exist?
Paul Nelson, GCC – So, you can still do it?
Steve Przyjemski, Agent - NHESP hasn’t officially sent anything in, yet.
David Bovio, Owner - I originally sent in the stuff that Laura went over with me and that’s when I finally spoke with Amanda at NHESP about this.
Charles Waters, GCC – So, Paul, does this exception apply to the 50’ or 75’?
Paul Nelson, GCC - It will need to be a waiver.
David Bovio, Owner - I plan to be doing this by the law and now that the plants are really taking over and I feel that this is helping with the erosion.
Tom Howland, GCC – Steve, you did a site walk. What do you think?
Steve Przyjemski, Agent - They are definitely not native plants.
David Bovio, Owner - We can get some native plants…
Charles Waters, GCC - Does what he is doing, have an issue with anyone here?
Paul Nelson, GCC – Where this could be considered a new structure, there is some concern.
Steve Przyjemski, Agent - I consider this as new structure.
Charles Waters, GCC - I tend to agree with you, Steve.
Charles Waters, GCC - This will have to be an issue, were this could be considered a new structure.
Steve Przyjemski, Agent - I have seen this as a new structure but, I don’t know if that is agreed upon by all.
Charles Waters, GCC - What does the commission think about this type of project?
John Bell, GCC - I think it’s an improvement.
Steve Przyjemski, Agent – Again, I disagree.
Charles Waters, GCC - We need to consider what category this falls under.
John Bell, GCC - I have seen that a person can use a small area and/or get around it by being a new structure.
Steve Przyjemski, Agent – So, because it is attached and because of the distance from the wetlands can we assume it is not a new structure?
David Bovio, Owner - If you want us to put in more to improvements that would be more of a benefit, we can.
Paul Nelson, GCC – We are going to create an issue if we try to get around it.
Charles Waters, GCC - I feel that the 50’ should be the issue and that the commission should agree.
Charles Waters, GCC – This an NHESP issue, as well.
David Bovio, Owner - They have already told me I’m all set.
Charles Waters, GCC - I believe that if you look at the bylaw you will see that we will need to have a look at the area.
Charles Waters, GCC - I think that in our bylaw will be a question of rather it is an expanded or special condition.
John Bell, GCC – But, I think that they would need to confirm this.
Steve Przyjemski, Agent - This would be a filing fee.
Steve Przyjemski, Agent - The applicant has not requested it so, we are not going to get anything back.
David Bovio, Owner - They explained that if I meet the 12 criteria’s they have then I don’t have to file.
Paul Nelson, GCC – Here, it is noted that if you send in a notice then you have 30 days to respond.
Charles Waters, GCC - I think we need to find out what NHESP regulations are, to better help this applicant.
Paul Nelson, GCC - We need to review the MACC manual to give a better understanding of where we stand on this with NHESP.
Charles Waters, GCC - We need to determine what the interpretation is on this bylaw.
Paul Nelson, GCC - Unfortunately, it seems to be falling between the cracks to where the laws lie.
John Lopez, GCC - Where are their headquarters?
Steve Przyjemski, Agent - We are not getting response.
Paul Nelson, GCC - You wouldn’t get one with only three people running it.
Charles Waters, GCC - I would like to move along and have Steve look into the exceptions and find out more about the NHESP to communicate what we are doing.
MOTION to continue on June 14th @ 9PM for 18 Taylor Street Carl/ All UNAM
David Bovio, Owner - How is it that it took me a month to through to NHESP and now you guys can get through in no time?
Charles Waters, GCC - There is no guarantee, we will try to get answers as soon as possible.
47 West Street
Charles Waters, GCC - I understand that 47 West Street has asked to continue?
Steve Przyjemski, Agent – Yes, I received an email today.
Charles Waters, GCC - What is your thought with Mr. Lucre working on this?
Charles Waters, GCC - I believe there were some issues with what we agree on with the applicant.
Steve Przyjemski, Agent - There were some improvements that we were asking for, though.
Charles Waters, GCC - Is there any disagreements with the EO?
Steve Przyjemski, Agent - No, we intentionally stayed away from how we each felt. The sticky part is that they feel that if they clean up a few hot spots then they’re done but, it really needs to be a complete site inspection. They were required to dig soil up and the area came up very contaminated. They really need to do more extensive testing to see what’s out there. There are cars out in the woods. I think it is good to know these things upfront.
Steve Przyjemski, Agent - We have already agreed with the DEP that the soil needs to be a thorough inspection. The DEP has already said this, and it has been agreed on.
Charles Waters, GCC - I wanted to get feedback from you and get a feel for this.
John Star, Resident - I have been watching this for a very long time. It has gone through several developments and at what point do you say that they have had a enough time to perform what you said they were going to do?
Charles Waters, GCC - We speak through as a group of commission and we could say we have had enough but, we have gone through other consultants to accomplish this through the EO ( Enforcement Order) There is going to be a debate on a NOI.
Steve Przyjemski, Agent - The DEP has more constringent time lines but, we have a different situation. We don’t have the timelines to really push this.
Paul Nelson, GCC - Even though the timeline is not good we are still making accomplishments with the clean up and the fees.
John Star, Res. – Apparently, the DEP is reluctant to take control of the area.
Steve Przyjemski, Agent - We are dealing with a wetland and this is a difficult situation.
MOTION to continue on June 28 @ 7:30 PM for 47 West Street Carl/ Paul All/ UNAM
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