Town of Georgetown, MA - January 24, 2008

January 24, 2008


	GCC Meeting Minutes January 24, 2008 2^nd Floor Meeting Room Attendance: Carl Shreder, Paul Nelson, John Bell, John Lopez, Mike Birmingham, Tom Howland, Steve Przyjemski, and Sharon Munro. ~~~~~~~~ APPROVAL: - Meeting minutes for: 11/1 & 11/29 MOTION to accept minutes. Tom/John B. all/unam SIGNING: - Bills & $300 donation to MACC MOTION to sign bills. John/Tom all/unam -OoC for Emma Harris Way HEARINGS: 1 Kinson Court Owner/Applicant: Mark Mansfield Attending: Mark Mansfield Mark Mansfield, App. – This is basically what you saw the last time except this shows the cross section of the hill, as you had requested. Carl Shreder, GCC – Does anyone have any questions? Steve Przyjemski, Agent – There has been no real litigation on this. Paul Nelson, GCC – I thought there was talk about saving some of the trees. Steve Przyjemski, Agent – Not that I recall. Mark Mansfield, App. – I want to remove those two big Willow trees and a number of small trees. Steve Przyjemski, Agent – I can go down there to work with him on what he is removing. Carl Shreder, GCC – Any abutters? No. Okay, do we have a motion? MOTION to accept plan dated 12/06/07. Paul/Mike all/unam MOTION to close the hearing for 1 Kinson Court. Paul/ Mike all/unam Warren Street Owner: Peter Durkee (Highway Dept.), Rep. Steven Tyler of Bayside Engineering Attendance: Steven Tyler Steven Tyler, Rep. – We are doing a small section of Warren Street about 400-500’section. The cross section is broken and you can hear this when you drive over it. The highest we will raise this is 18’. Paul Nelson, GCC – How far is this going toward Jackman? Peter Durkee, Highway Dept. – We will go all the way down to Jackman where grading will occur. Carl Shreder, GCC – I got a call from a concerned citizen about the debris. Peter Durkee, Highway Dept. – The hot top will be cleaned once it’s done. We put it out on the side of the road until we are done and then clean it up. Steve Przyjemski, Agent – I saw that you responded regarding the NHESP and you will be working to prevent erosion. John Lopez, GCC – Why are you raising the road to 18’? How does this affect the water table? Steven Tyler, Rep. – The road needed to be raised to build the road. There will be no impact to the salamander or water table. The new gravel base will be 2-1 and 4-1 slopes and that will not be too steep. This will prevent any major run off. Carl Shreder, GCC – There will be no change in the crown of the road? Steven Tyler, Rep. – There will be no major changes. Right now there is a bowing because of the damage. Steve Przyjemski, Agent – What about a swale on either side to avoid the run off? Steven Tyler, Rep. – There isn’t enough room and it may be more damage doing that. Peter Durkee, Highway Dept. – We want to depend on vegetation. Steve Przyjemski, Agent – So, on this plan I didn’t see something on this there is a lot of potential for erosion. Maybe there can be a small wall by the pipe to avoid further run off. Carl Shreder, GCC – There won’t be any change in the elevation of the pipe or anything else, right? Peter Durkee, Highway Dept. – Right. Steve Przyjemski, Agent – You might want to put up some rip rap to control the water flow. Mike Birmingham, GCC – It could be done to look nice with some rocks. Steve Przyjemski, Agent – If they want to consider the rocks, that would be great and I can always work with them in the field. Would there be anything anyone wants to add to the OoC? We should work with them on the culvert head walls and seed mix. They will need to follow the stipulations laid out by the NHESP they have (3) conditions. John Lopez, GCC – What is the life span of the road? Peter Durkee, Highway Dept. – …about 15-20 years. John Lopez, GCC – I know that there are more environmentally friendly materials that would have a life time of wear. Where this is a more sensitive area these alternatives should be considered. Steve Przyjemski, Agent – There are alternatives that could be considered in the future. John Lopez, GCC – In the long run it will be more cost effective. There may be grants available for such work. Carl Shreder, GCC – Do you have a date? Peter Durkee, Highway Dept. – I want to do this before July 1^st maybe in May. John Lopez, GCC – In terms of vegetation, I would like to know what is going in. Steve Przyjemski, Agent – Sure, I will let you know. John Lopez, GCC – Is it beyond your scope to remove an air conditioner that is down there by the road? Peter Durkee, Highway Dept. – We will remove it for you. No problem. John Lopez, GCC – Great, thank you. MOTION to accept plan for Warren Street with NHESP conditions. John B. /Mike all/unam MOTION to close hearing for Warren Street. John B. / Mike all/unam 94 Elm Street Owner: James Mangano, Rep. Michael Carter of GCG Associates, Inc. Attendance: Mike Carter Mike Carter, Rep. – I am the engineer for this project. I am a new engineer with this project. I understand that there was an OoC that was revoked. On behalf of the applicant we apologize for the issue prior. Steve Przyjemski, Agent – We had a third party go out there in 2005 and confirm the delineation line. Mike Carter, Rep. – No one is living there now. But at one time there may have been. Carl Shreder, GCC – This will have to go before the ZBA. This house is pretty close to the buffer. What I would like to do once we can conduct site walks again in April is go out to take a look. I don’t want to get into any delineations until April. Mike Carter, Rep. – Where there is an approved line shouldn’t we consider this? Carl Shreder, GCC – Where we have new members I think we should look at this area. Steve Przyjemski, Agent – I had a question on the lot line. It seems that that has changed. Paul Nelson, GCC – Why did you move the house? Mike Carter, Rep. – Based on the septic system we had very little space to work with so we had to move the house to work with the septic system design. Paul Nelson, GCC – The system and house relationship have nothing to do with the positioning. Mike Carter, Rep. – I understand what you are saying but it has to be 20’ clearance here on the plan. Carl Shreder, GCC – Is this a replacement system? Paul Nelson, GCC – No, it is new. Mike Carter, Rep. – This does require a waiver but the owner is avoiding …This was not a title 5 approval and this is why you did not accept the last plan. Steve Przyjemski, Agent – You have a structure at 40’ …. Paul Nelson, GCC – Is this only going to be a plain duplex? Mike Carter, Rep. – Yes. Paul Nelson, GCC – So, this hasn’t been approved by the ZBA? Steve Przyjemski, Agent – No, they are talking about encroaching with the barn. This is a big waiver. Mike Carter, Rep. – This is the actual deck line, here. Steve Przyjemski, Agent – Okay, but you are still very close. Carl Shreder, GCC – Can you come up with a plan without waivers? Mike Carter, Rep. – I guess I could try. Carl Shreder, GCC – What would you propose as mitigation? Mike Carter, Rep. - Well the barn could be moved but it is already there. Mike Birmingham, GCC – Well, it isn’t being used. What is the square footage of the old one versus this proposed duplex? Mike Carter, Rep. – I don’t know….. Steve Przyjemski, Agent – We should have some clarification on the lot lines before we approve this. Carl Shreder, GCC – There were some trees that were supposed to come out, as well. Paul Nelson, GCC – Yes, I believe it was for the septic reserve. Steve Przyjemski, Agent – We could move this to avoid taking down the trees. We could ask for the trees to be saved and move this away from the buffer. Mike Birmingham, GCC – I would like to see what trees are out there on the plan. Steve Przyjemski, Agent – Nothing is being offered as of yet. Steve Przyjemski, Agent – So, we want to see some alternatives, a better site plan indicating property lines and more information regarding the trees. Carl Shreder, GCC – We can’t really evaluate the area this time of year. MOTION to conduct a site visit on April 26^th2008 @ 9am. John L. / Tom all/unam Carl Shreder, GCC – If you could stay outside the 75’ buffer I think this is reasonable. If not, then you would need to work with us to be more reasonable. Mike Carter, Rep. – Would the trees be more important than the 75’? Mike Birmingham, GCC – I would like to see the trees stay, myself. Steve Przyjemski, Agent – I guess that is a good direction? Mike Carter, Rep. – Yes. MOTION to cont. hearing for 94 Elm Street April 17^th 2008 @ 7:30pm. Tom/ John L. all/unam 202 West Main Street Owner/Applicant: Thomas LaValley Rep. Karen Westphalen of Atlantic Engineering & Survey Consultants, Inc. Attending: Robert Lynch Regarding plans….. Steve Przyjemski, Agent – Do we have this version, yet? Robert Lynch, Rep. – No, I brought you three options. One with a concrete walk so the applicant can use the flat portion of the hill. Steve Przyjemski, Agent – Does that change anything around the house? Robert Lynch, Rep. – No. Robert Lynch, Rep. – The other plan I have brought creates a slope for the drainage, a channel that would take that out back where there are some big oaks. Robert Lynch, Rep. – The other is this plan where we take the yard and flatten it to provide a type of flood storage…..will off set it by 40% if you take a cross section here you will see where we make it up. The property is so small that I can’t do much. Robert Lynch, Rep. – Because of the depth and flow of the river this way we are really only making a seconds worth of improvement. FEMA wants to know if we are going to affect the flood area. The question they pose is rather this will change the flood plain. There are three more buildings that are in that flood plain and there is a optional of three more houses out there that could possibly want to do this. Carl Shreder, GCC – So, would the house design change? Or would it make the situation worse? Robert Lynch, Rep. – We are still a foot and half above the water. Steve Przyjemski, Agent – There is some landscaping and etc. could you cut this out? So, you could go deeper. Robert Lynch, Rep. – I don’t know how that would affect the tree there. Steve Przyjemski, Agent – Well, you would move it back away from the retaining wall and then you could create a bowl for retention. Robert Lynch, Rep. – By the time we do this we would have about 40%. Steve Przyjemski, Agent – The DEP wasn’t willing to budge on this so I am trying to work with you on this. Paul Nelson, GCC – Could a waiver be considered? If you look at the property they would see the elevation here. They should look at the site. Should we write a letter to these people? Steve Przyjemski, Agent – I can work with the applicant to communicate with the DEP to see what they may be looking for so the applicant could figure this out. Carl Shreder, GCC – I don’t want to see anything happen to these trees, here. Paul Nelson, GCC – The change would have to be significant to create this flood storage. Steve Przyjemski, Agent – If you look at the cumulative affect it could be a consideration at another view. Carl Shreder, GCC – Once we begin it becomes a cumulative issue down the line. Steve Przyjemski, Agent – I do think there is another option here where the landscaping is located. Robert Lynch, Rep. – I want to know what you guys want from here. Mike Birmingham, GCC – We can’t move against the DEP. Once we work with the DEP we can work with this further. Carl Shreder, GCC – Any Abutters? Carl Shreder, GCC – …because of the mold I guess you are looking to get this done soon? Robert Lynch, Rep. – Yes. MOTION to cont. Feb 7^th2008 @ 7:20pm. Tom/John L. all/unam 47 West Street Owner: Richard Morello (Georgetown West Reality Trust), Rep. Michael Seekamp of Seekamp Environmental Consulting, Inc. Attendance: Steve Nelson, Atty. Steve Nelson, Atty. – Seekamp has sent additional information and Luker has asked earlier this week for additional information as I understand it Mr. Luker has asked that this be continued. I don’t think we can get it done by the 21^st of February and not sooner. I don’t have much information tonight but I guess there will be some information later and Mr. Morello will be here the 21^st. We are asking to continue this. Mike Birmingham, GCC – So, the stock pile has been removed? Steve Przyjemski, Agent – Yes, so essentially this portion is complete. The DEP is asking for a detailed assessment. Carl Shreder, GCC – I would like to bring up the incident last Friday. Steve Nelson, Atty. – Yes, there was 17 loads that were removed Thursday night and the levels of contaminant were low. There was some intermittent rain that morning and the trucks with the loads had allegedly spilled oil. There was a reported sheen of a fluid running down the street and the town’s LSP was there. Steve Przyjemski, Agent – Actually, Jim Luker wasn’t here and I’m not sure that the gentlemen who was there is an LSP. Carl Shreder, GCC – Where the town had to clean this up…. Steve Nelson, Atty. – It was shut down per Steve Przyjemski’s request. Carl Shreder, GCC – You could coordinate things by phone. Steve Nelson, Atty. – This was an independent trucking company and this was in the street. We helped clean the area and I don’t think the oil spill was even a pint. I don’t even know where this came from. Steve Przyjemski, Agent – You could see this flow down the street past the site and went all the way down. Carl Shreder, GCC – If I were to have some trucking co. come out to my property to conduct an activity I would assume some amount of responsibility. We have an obligation to address this on behalf of the town. Do you have something you can arrange to contact someone in a situation like this so these problems? Steve Nelson, Atty. – Yes. Steve Przyjemski, Agent – They were removing soil in the rain which is a clear violation of the EO. There was a concern with the town water supply and a resident who had the spill flow into their yard. Steve Nelson, Atty. – We don’t know how much was even spilled. Steve Przyjemski, Agent – There was a lot of communication on this day that ended in a response that it wasn’t there fault. Steve Nelson, Atty. – This wasn’t the applicant. Steve Przyjemski, Agent – In the end the applicant did a great job. John Lopez, GCC – Has the trucking co. been notified? Steve Przyjemski, Agent – Yes and there was a check on the mechanics and they said that there didn’t appear to be any leaks. So, it is thought that they may have simply lost a small amount. It was felt that they should have responded immediately. Another thing, I would like them to pay for the materials Glen in the Water Dept. have had to use to clean this up. Carl Shreder, GCC – Sure… Mark Paquin – Can you send me the bill for the materials Glen from the Water Dept. used to clean this up? Steve Przyjemski, Agent – I had told them that they could resume work the next day provided it wasn’t raining. They said they couldn’t arrange for the trucks to come back at that time. This delay wasn’t my fault, I asked the work to halt based on the fact that they were removing the soil in a rain storm. Steve Przyjemski, Agent – They did end up doing a good job cleaning it up. Paul Nelson, GCC – Why wasn’t anybody out there? Steve Nelson, Atty. – Well, the guy that was supposed to be there was caught in an ice storm up north that day and couldn’t make it. Carl Shreder, GCC – Who has the authority to call it off if there, is another incident? Who is the authority here? Mark Paquin - …our LSP or yours? Carl Shreder, GCC – For the record, our LSP doesn’t call the shots. Carl Shreder, GCC – You need to have someone to respond in situations like this. You can make decisions based on suggestions from your LSP but you don’t take instructions from the LSP. Steve Przyjemski, Agent – They could have avoided the rainy conditions. Mike Birmingham, GCC – You should have a LSP on site at all times, even if it is a secondary LSP. Steve Przyjemski, Agent – We have had similar issues with communications. Carl Shreder, GCC – We shouldn’t be wondering were you are when we are in a situation like this. Steve Przyjemski, Agent – They need to continue the sampling. I would like to see what they are going to do. Carl Shreder, GCC – Do you have any other deadlines? Steve Nelson, Atty. – No. Steve Przyjemski, Agent – There is Pip…. George Comisky, Resident – I was looking at the materials at the library and there were forms from 2004 & 2005. There is no copy of the Phase ll report that is said to be complete. We can’t review it for the PIP meeting. Tilly Evangelista, Resident – They used to send this to me at home and to the library. Dorothy Blanchard, Resident – I would like it sent to me, as well. George Comisky, Resident – I don’t know if we are all supposed to get a copy. Dorothy Blanchard, Resident – I think we are supposed to have copies of the plan and we are supposed to have a PIP meeting. Steve Przyjemski, Agent – That is what we are pushing for…. Steve Nelson, Atty. – We could try to schedule this meeting in Feb. or March. Carl Shreder, GCC – Lets get a meeting to reintroduce the project to everyone. Tilly Evangelista, Resident – Are there fines coming because of the use of services the town had to provide for this clean up? Paul Nelson, GCC – I believe he has agreed to pay for the clean up already. Tilly Evangelista, Resident– Okay. Steve Przyjemski, Agent – We can send them a bill from all that had to put out the cost. Tilly Evangelista, Resident– I think the commission needs to hold the line. Carl Shreder, GCC –I want to see that the cost to the town and your time (Steve) be recouped. Steve Przyjemski, Agent – Yes. Carl Shreder, GCC – Your LSP doesn’t always seem to understand or agree on this. John Lopez, GCC – Do you have a printed protocol for all that are involved in this? Steve Nelson, Atty. – I don’t know this. Steve Przyjemski, Agent – We can ask for a plan to be provided each. Carl Shreder, GCC – The key part is that you have a back up plan for any issues that may come up like this spill on Friday. Paul Nelson, GCC – A decision maker needs to be on site. Carl Shreder, GCC – You need to discuss that with your guys. John Lopez, GCC – Could a methodology be put into your protocol? Carl Shreder, GCC – It needs to be dealt with and then documented. Steve Przyjemski, Agent – I will run the EO by next week. MOTION to cont. hearing for 47 West Street for March 6^th 2008 @ 8:30pm. Tom/John L. all/unam George Comisky, Resident – Will you have documents then by the next hearing? Steve Nelson, Atty. – I will look into it.