GCC Meeting Minutes
July 10, 2008
3rd Floor Meeting Room
Attendance: Carl Shreder, John Bell, John Lopez, Charles Waters, Mike Birmingham, Paul Nelson, Tom Howland, Steve Przyjemski, and Sharon Munro.
Signing:
- Bills
MOTION to pay the bills. Paul/Charles all/unam
- Sub-committee re-appointments
MOTION to appoint George Dow to the Littles Hill SC. Paul/John B. all/unam
- OoC for 1A Spaulding Road
- OoC American Legion Park
Approval:
-Meeting minutes for June 12th.
MOTION to accept meeting minutes for 6/12 with corrections. John B. /Charles all/unam
Discussion:
Selectmen’s office has requested that Con Com pay for some of the legal fees related to current litigation.
Commission wants to know why we are paying for K & P legal bills. Con Com is wondering if this is going to be something that would happen again and why.
Steve Przyjemski discusses the issue with accepting 10k check. Charles states that after reviewing the minutes there was nothing to indicate that this was accepted as a bribe. It was a clear donation for a good cause to support the Conservation Commission. Tom Howland mentions that a year ago the case in relation was denied and the check was offered as mitigation. Charles feels comfortable with accepting the check.
MOTION to accept the donation of 10k to the Con Com and recommends that the Conservation Commission accept it for conservation purposes. Charles/ Paul all/unam
94 Elm Street
Jeremy Downs of GCG Associates in attendance
Jeremy Downs, GCG – Presented plans to commission. We reconfigured the duplex and reduced the size we shifted it toward the road here. 85 sq feet of the dwelling is in the 75’ BVW. We understand we are to install stone markers and to remove invasive plants and replant with some shrubs.
Carl Shreder, GCC – Has the applicant gotten approval from the ZBA, yet?
Jeremy Downs, GCG – No, not yet. We have essentially shifted the house and wanted to have this in place.
Paul Nelson, GCC – Do you have a plan “B” if the ZBA doesn’t approve this as a duplex?
Jeremy Downs, GCG – Not that I am aware of.
Charles Waters, GCC – If there is a significant change in the plan it must come back to us for approval.
Steve Przyjemski, Agent – They are going to remove some invasive plants and then they could put some silt fence in and then begin. The planting could happen at the same time.
Mike Birmingham, GCC – What kind of patio is encroaching on the 75’ buffer?
Jeremy Downs, GCG – It is going to be a pervious surface.
Mike Birmingham, GCC – Okay, but we need to make sure of this.
Carl Shreder, GCC – Again, what has really changed?
Jeremy Downs, GCG – We have moved it forward but nothing else has really changed.
Mike Birmingham, GCC – But you know that if the plan changes then you will need to come back.
Jeremy Downs, GCG – Yes we will.
John Bell, GCC – So the trees are gone?
Steve Przyjemski, Agent – Yes. The plan looks good.
Mike Birmingham, GCC /all – Yes.
Carl Shreder, GCC – We do have a DEP number?
Steve Przyjemski, Agent – Yes and there was no comment.
Carl Shreder, GCC – We usually want the plans in advance per our regs. and we are getting these tonight but, I don’t see an issue.
MOTION to approve the revised plan for 94 Elm Street dated 7/2/08 with the following conditions: a pervious patio, not accepting the wetland line, move all of the markers to 60’, applicant to work with agent on scheduling, change silt fence to silt sock, work with agent on planting plan. Mike B. / Charles W.
Mike B. - Aye
John B. - Aye
Carl S. - Aye
Charles W. - Aye
John L. – Aye
Tom Howland – Aye
Paul Nelson - Nay
MOTION to close hearing for 94 Elm Street. Mike B. / John B. all/unam
8-10 Pine Plain Road
Mrs. Tidd, Peter Olgren, Rep. & Gary Sacrum, Atty. in attendance
Carl Shreder, GCC – Do you have any new plans?
Peter Olgren, Rep. – I have a sketch here to discuss.
Carl Shreder, GCC – This is the same plan you brought the last time?
Peter Olgren, Rep. – Yes.
Peter Olgren, Rep. – So, the suggestions was to move the house closer and the driveway moved.
Charles Waters, GCC – Where would it be ideal to place the house?
Peter Olgren, Rep. – Where we had the house before.
Carl Shreder, GCC – So, the house will be out of the buffer in both plans?
Peter Olgren, Rep. – Yes.
Charles Waters, GCC – Having the house out of our jurisdiction, the concern is really where the crossing is not where the house is.
Carl Shreder, GCC – Are you planning to make this a pervious surface?
Peter Olgren, Rep. – We could certainly work with you on that.
Mike Birmingham, GCC – The crossing of the stream would be the issue.
Paul Nelson, GCC – The applicant has really worked with us on moving the house out of our jurisdiction.
Carl Shreder, GCC – So are we happy with moving this turn around out?
All – Yes.
Peter Olgren, Rep. – Are you talking about pervious pavement? It is difficult to maintain.
Paul Nelson, GCC – There isn’t a lot of traffic that should be on this road so it shouldn’t be an issue.
Carl Shreder, GCC – Is commission happy with the turn around?
Charles Waters, GCC – I have a concern over the wetland crossing. The stream there is a concern.
Paul Nelson, GCC – There is a question as to rather that is a stream. It is more of an extension of a pond.
Mike Birmingham, GCC – It almost seems as though it is a man made ditch but I wonder about where it originated.
Charles Waters, GCC – This deserves some scrutiny because this is a sensitive area.
Steve Przyjemski, Agent – Keep in mind that this was filed before our current regulations.
Charles Waters, GCC – They have created their own hardship when they subdivided the property. So they can’t make the argument that this is what they are limited to, based on this fact.
Carl Shreder, GCC – When was the lot subdivided?
Gary Sacrum, Atty. – I believe it was in 1980’s…
Peter Olgren, Rep. – He subdivided in 2000. He didn’t think it would be something that would tip the scales.
Paul Nelson, GCC – I think this comes down to the wetland crossing, as Charles has stated.
Charles Waters, GCC – Are there other mitigation issues that can be discussed?
Steve Przyjemski, Agent – There could be no-cut bounds. This could be in the perpetual conditions.
Charles Waters, GCC – Can we put a stipulation that there can not be another dwelling built out there to be certain that the driveway has minimal usage.
Gary Sacrum, Atty. – There isn’t any room for another home out there.
Charles Waters, GCC – Where things can change I would like it to be stated that there is to be more homes built out there and that the driveway is only being used by one owner.
Peter Olgren, Rep. – Mrs. Tidd has said that Mr. Tidd would have no problem with that.
Carl Shreder, GCC – Do we want to see anything else on the plan?
Steve Przyjemski, Agent – A plant list would be good.
John Lopez, GCC – So, how does the plantings help as mitigation for a Blandings turtles?
John Lopez, GCC – In my mind, it isn’t mitigation for the turtle habitat or as a whole.
Carl Shreder, GCC – The idea is to minimize the impact as much as possible.
Paul Nelson, GCC – Every bit of development we allow there is always some destruction.
Carl Shreder, GCC – This is a better plan.
Steve Przyjemski, Agent – We need to give direction to the applicant.
(Paul left for the evening)
Action items for applicant:
- Pervious pavement
- Move turn-around
- No-cut bounds/100’ line
- Crossing detail
- Silt sock instead of silt fence
- Stipulation that there will be no other dwellings built
Steve Przyjemski, Agent – If you want to send that to me I will go over that with you help this move along a lot smoother for the next meeting.
MOTION to continue 8-10 Pine Plain Road to Aug. 21st @ 7:30pm Tom/John B. all/unam
24 Tenney Street (New)
William Paulitz in attendance
William Paulitz, Rep. – The system has failed and put in 1993. This does have BOH approval. We were limited with the slope, utilities, and etc. There is some grading within 35’ of BVW. I feel that this was the best we could do with this property.
Charles Waters, GCC – Have you been out there?
Steve Przyjemski, Agent – Yes, and it really isn’t worth the back and forth discussion because they really have nothing to work with. We would be lucky to get a foot.
Carl Shreder, GCC – Well, this system has failed. This needs to be dealt with.
MOTION to accept plan dated May 27, 2008 not accepting the wetland lines. Charles/ John B. all/unam
MOTION to close Charles/john B. all/unam
10 Martel Way and Searle Street Rear (New)
Elizabeth Wade – Parks & Recreation
Elizabeth Wade, PRC – We are requesting wetland delineation on the land purchased for the use of fields for active recreation. We have been trying very hard to find suitable land and have finally been offered some land. We have a real need to have fields for the kinds. We like to see how much wetland is really out there.
Carl Shreder, GCC – So, they are passing the papers in August?
Elizabeth Wade, PRC – I believe so.
Elizabeth Wade, PRC– Bruce Griffins will be willing to walk it with Steve.
Charles Waters, GCC – Has the com been out there?
Carl Shreder, GCC – It would be good for the com to go out there and see the area.
Steve Przyjemski, Agent – Once the NOI is submitted and the delineation is drawn up…
Carl Shreder, GCC – I think the com should go out there and see the area.
John Lopez, GCC – Parks & Rec. always appears before us pleading with urgency regarding the need for fields. Is there data that backs that up?
MOTION to waive all local fees for 10 Martel Way/Searle Street Rear Mike/John B. all/unam
MOTION to cont 10 Martel Way/Searle Street to Aug. 21st @ 8PM Tom/ John B. all/unam
American Legion Park (New)
Elizabeth Wade – Park & Recreation in attendance
Elizabeth Wade, PRC – There used to be swimming at this beach but there had been some issues with high bacteria issues. We have some thoughts as to where the bacterium is coming from. One could be from dog waste; two is geese and three storm water run off. We are hoping to improve the storm water run off.
Steve Przyjemski, Agent – When this storm water system was installed there was never a swale installed. It is undersized and does not support the flow. The detention system can not handle the flow. We are calling it a natural depression but what we are hoping to do is create a natural depression. The flow will go from a grassy swale to the natural depression. This is a gradual slope where it won’t be an issue for children or others who walk around it.
MOTION to waive the requirement to notify all abutters around the pond. Charles/ John B. all/unam
Resident (Name?) – Will there be more impact to surrounding homes?
Steve Przyjemski, Agent – This will actually will be an improvement and reduce any impact.
Resident (Name?) – Will anybody be taking any trees down?
Steve Przyjemski, Agent – No trees will be removed.
Resident (Name?) – Okay, thank you.
Steve Przyjemski, Agent – There are a couple of options on this project but we need to nail down what will actually be workable.
Carl Shreder, GCC – What is the timeline?
Steve Przyjemski, Agent – They want to get started as soon as possible, perhaps, in a couple of weeks. We need to wait for Peter Durkee to return from vacation to get his help on this. We will maintain erosion control.
Harry LaCortiglia – Is the system working now?
Steve Przyjemski, Agent – Yes, but the current system is only functioning at a 15%. Since it has been cleaned it is functioning better than it ever has but it can not handle heavy rains.
John Lopez, GCC – Can anything else be planted?
Steve Przyjemski, Agent – Well, this is already lawn. We could come up with some different types of grass that would be more suitable.
Charles Waters, GCC – Ms. Wade is the Park & Rec. Com. looking for a continuation?
Steve Przyjemski, Agent – I believe they are looking for a vote.
Elizabeth Wade, PRC – We are looking to run an electrical conduit out there while we are out there.
Steve Przyjemski, Agent – I spoke with the electrical company and they are not thrilled about a trench being dug.
Elizabeth Wade, PRC – We can bring this back for the power issue with more detailed information.
Resident (Name?) – Is the purpose of aerating the water is to bring oxygen to the water.
Carl Shreder, GCC – My understanding is this is to create a flow or movement of the water.
Elizabeth Wade, PRC – Yes, this is to move the water.
Charles Waters, GCC – What is the financing of this project?
Steve Przyjemski, Agent – A few departments have contributed to this project, including are commission. Getting the conduit done while we are out there would be most cost effective.
John Lopez, GCC – This discussion has evolved around the water quality and are the testing being done with state requirements?
Steve Przyjemski, Agent – Yes, the BOH is testing within state requirements. However, this is not only about water quality. The issues revolve around water quality, erosion, and storm water management.
Elizabeth Wade, PRC – We need to address the dog waste.
Bob Ganoza – The signs don’t work unless there is someone to enforce them.
Carl Shreder, GCC – We should talk with Animal Control.
Elizabeth Wade, PRC – We have and there could be a possible fine. It may be an avenue we could possibly take.
John Lopez, GCC – The most effective way to get rid of the geese is to modify the habitat and make it less desirable in the area.
Steve Przyjemski, Agent – Do you have some suggestions of modifications John Lopez? Perhaps, where this concrete wall is we could plant high bush blueberry plants. This could create a natural barrier.
John Lopez, GCC – I feel this is a good idea for mitigation on the short term.
Steve Przyjemski, Agent – Maintenance of the area is essential. What about the conduit?
John Bell, GCC – This is going to on going project that will require regular maintenance.
MOTION to accept plan with the following conditions: annual maintenance of the highway department, agent to oversee the project, allow agent/representative in the field have flexibility on how to enable the water to flow and grading issues properly.
Charles/John B. all/unam
MOTION to close hearing for American Legion Park. Charles/John B. all/unam
MOTION to close the meeting. John B. /Charles all/unam
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