GCC MEETING MINUTES
January 10, 2008
Second Floor Meeting Room
Attending: Carl Shreder, Paul Nelson, Tom Howland, John Bell, Charles Waters, Mike Birmingham, Steve Przyjemski, and Sharon Munro.
SIGNING:
-Bills
MOTION to pay bills Tom/ Mike all/unam
CoC for 15 Madison Ave.
OoC for American Legion Park
APPROVAL:
Meeting Minutes for 8/9, 8/23, 9/6, 10/4, 10/18, 11/1 and 11/29.
MOTION to approve minutes 8/9, 8/23 Paul/ Mike all/unam
John B. / Abstain
MOTION to approve minutes 9/6, 10/4 and 10/18 Paul/ Mike all/unam
Charles / Abstain
BUSINESS:
- Executive session to discuss current litigation.
MOTION to conduct an Executive Session Tom/ Mike all/unam
- Discussion regarding donation to MACC for there continued help over the past year.
Carl Shreder, GCC – There is no issue with donating to them. They have been a great service.
- Discussion regarding Map 11, Lot 38 and taken by the town in tax title.
Steve Przyjemski, Agent – This land does have some significant value. I have sent some emails to the selectmen about this land and the issues. I am waiting for the selectmen to get back to me about having this as open space. This would provide access to a greenway.
- Discussion regarding posting a hearing to amend the fee schedule in the regulations.
Carl Shreder, GCC – I have no problem but we need to limit it to just that.
Steve Przyjemski, Agent – Modifying and adding.
- 7:00pm - Camp Denison discussion regarding bookings.
Attending: Andrea DiPaolo, Eben Lowe, Bob Morehouse, Bob Aprich
Andrea DiPaolo, Clerk/Staff Director – We are the directors of the show. It is a live action role play. You take on a persona for role play. We develop activities around the role play. It is centered on arts and creativity. It starts on Friday and ends on Sunday and each participant are in character the whole time. We will take out anything we will bring to the site. We use all safe weaponry. It will be nerf-type weaponry.
Mike Birmingham, GCC – So, why here?
Andrea DiPaolo, Clerk/Staff Director – This will be are first event in this area and Camp Denison is a perfect location for such activities.
Carl Shreder, GCC – Are you a non profit?
Andrea DiPaolo, Clerk/Staff Director – We are a 501 C a non-profit organization. We have no one younger that 17 without a parents permission.
Carl Shreder, GCC – Are all of the directors over 21?
Andrea DiPaolo, Clerk/Staff Director – Yes, I’m 24 and I’m the youngest. As a LARK we are Victorian themed. We are setting this as a frontier town and some can play around with costume design and all. It is a fictional world with the Victorian theme. Safety is the utmost concern. There is no alcohol or drugs allowed and there will be calls that will indicate an issue. We all have walkie-talkies for communication.
Charles Waters, GCC – Is this an all day event?
Andrea DiPaolo, Clerk/Staff Director – Yes, it is a 24 hour event. We do have a cool down period. We are also aware of wetland regulations and there will be no issues with that.
Carl Shreder, GCC – What about injuries?
Andrea DiPaolo, Clerk/Staff Director – We try to prevent such events at all costs.
Carl Shreder, GCC – What type of insurance do you have?
Andrea DiPaolo, Clerk/Staff Director – We are looking into that right now. We will have our own insurance.
Steve Przyjemski, Agent – We will definitely need that before permitting this event. Someone could get hurt anytime out there now but, it would be good to know they are insured.
Andrea DiPaolo, Clerk/Staff Director – There will always be a staff member on site to aid in transporting an injured person. There will be approximately 30 participants and enough staff to cover the ratios. We typically organize these events in the spring and fall.
Mike Birmingham, GCC – Do people come and go? Or will there be a set number attending?
Andrea DiPaolo, Clerk/Staff Director – We have a sign in and everybody will be accounted for. All weapons are checked thoroughly to prevent any chance of anything harmful being brought in.
Eben Lowe, Secretary/Community Director – We take safety very seriously.
Paul Nelson, GCC – How do you control issues were people can get out of hand.
Carl Shreder, GCC – Is the contact physical?
Eben Lowe, Secretary/Community Director – No, there is a no contact rule.
Paul Nelson, GCC – How do you maintain control in these situations?
Andrea DiPaolo, Clerk/Staff Director – There are enough staff members vs. characters to control the situation. They will not be able to continue to play now or the future if there is any unacceptable behavior.
Paul Nelson, GCC – What about taking care of them?
Andrea DiPaolo, Clerk/Staff Director – We do feed them. The staff does take sleep schedules.
Steve Przyjemski, Agent – There are some concerns surrounding the sleep quarters and restroom facilities. This is where we will be making the changes.
Andrea DiPaolo, Clerk/Staff Director – We do have some volunteers to do the labor.
Carl Shreder, GCC – We would need to consider what is going to happen with the cabins.
Bob Morehouse, CDC – We have had the prisoners come in before and we have requested them again. We are not looking at a big expense.
Carl Shreder, GCC – Well, you guys have a barn to put up, too. There is a lot to be done out there.
Andrea DiPaolo, Clerk/Staff Director – We want to refurbish four cabins as sleeping quarters.
Steve Przyjemski, Agent – My concern is the work that is done out there with the insurance liability being an issue. It is a detail we can work out.
Andrea DiPaolo, Clerk/Staff Director – I think it would be a benefit for the Camp Denison Committee in their rental capability.
Carl Shreder, GCC – The Commission needs to make a decision on this and not leave this hanging. I would like to make sure that Camp Denison remains open to the public.
Andrea DiPaolo, Clerk/Staff Director – We will put up signage so that people know that this activity is occurring and that people are welcome to come in.
Carl Shreder, GCC – The legal issues on this is that the CPC funds for this is not going to work as it is a stipulation that it had to be originally funded by CPC. We need to figure out the money and we need to know how this will be phased in.
Steve Przyjemski, Agent – I think some need to be torn down (cabins) in the process. Is this something we want to decide tonight, because we have discussed this before?
Bob Gorton, CDC - We have a plan.
Bob Morehouse, CDC – I had given you folks a plan.
Carl Shreder, GCC – Yes but this wasn’t clear…
Bob Aprich, CDC – Can we tear down the bath house and repair four cabins?
Steve Przyjemski, Agent – Yes, this would be managing open space.
Paul Nelson, GCC – What about the time frame?
Carl Shreder, GCC – The only way you can use the CPC funds if the property is already ADA.
Bob Aprich, CDC – Only some of this is ADA.
Steve Przyjemski, Agent – Can you guys handle the rest after what the CPC funds will allow? Carl Shreder, GCC - So, you are planning this out of your own budget?
Bob Aprich, CDC – Yes, we will try to find ways to pay for this. Perhaps, we could try fundraising.
Carl Shreder, GCC – Yes, because we need to bring in more money than we are putting out for this. It has to be justified to the town.
Charles Waters, GCC – Steve, what do we need to accomplish with these folks?
Carl Shreder, GCC – I think we need to be sure that their insurance policy is in place and I will work with them on that.
Andrea DiPaolo, Clerk/Staff Director – We will work with you on all of that and we will get the insurance in place.
Carl Shreder, GCC – We want to insure that any group that ever feels that there event will be booked solely for them every year at specified times, that it is not going to happen. We want it to continue to be open to public.
Andrea – there will be three events per season and we are flexible with bookings.
Carl Shreder, GCC – I just don’t want to crowd out the bookings for the average Georgetown resident.
Andrea DiPaolo, Clerk/Staff Director – We are a arts and cultural community and we are intere4asted in community building and respect the laws and rules.
Charles Waters, GCC – I would feel better that no one under eighteen be allowed to the events. I want to see waivers, bylaws, and ins. policy. Also, that we don’t allow kids that are under eighteen.
Andrea DiPaolo, Clerk/Staff Director – I think it is valuable activities for the younger kids to attend were it keeps them from getting involved in bad activities.
Carl Shreder, GCC – Does anyone have any issues?
Charles Waters, GCC – I want you to know I support your event but, I need to look into it.
Carl Shreder, GCC – The cabins may not have to be ready for the event to happen.
Bob Morehouse, CDC – We really don’t get that much use there and this wouldn’t interfere.
Bob Aprich, CDC – We don’t have the consistency there to bring in the revenue.
Charles Waters, GCC – It would be nice to get more use out of it.
All – Yes!
Andrea DiPaolo, Clerk/Staff Director – We can work with the community on scheduling so that it doesn’t interfere with the residents of Georgetown.
Bob Morehouse, CDC – It would be good for us at some point to have a program director.
Steve Przyjemski, Agent – I will work on the details with them and make sure it runs smooth.
Charles Waters, GCC – We will try to make this work. If it doesn’t seem to work then it doesn’t work.
Carl Shreder. GCC – We need to clarify what we are going to do with the cabins.
Steve Przyjemski, Agent – I will work on that with them as long as they can get some plans to me. So, are we comfortable with this?
All – Yes.
Charles Waters, GCC- Steve, make sure they have the bylaw.
Steve Przyjemski, Agent – Sure.
Carl Shreder, GCC - Okay, thank you.
HEARINGS:
EMMA HARRIS WAY (ROADWAY)
Owner: Peter Confalone, Applicant: Same, Rep. Thomas Keough of Hancock Assoc.
Attending:
Vaclav Talacko, Rep. – We discussed an area were the Japanese knotweed was taking over and
we drew up the plan for the area we are going to remove.
Steve Przyjemski, Agent – I believe it wasn’t clear in the plan where it was to be removed and now I have it so it is not an issue.
Carl Shreder, GCC – Well, if everything is on the plan and there are no issues…
MOTION to accept the plan as provided and dated for 11/26/07 with the Japanese knotweed revision. Paul/Tom all/unam
MOTION to close. John B/ Mike B. all/unam
8-10 PINE PLAIN ROAD
Owner: Kevin Wood & Jie Tan, Applicant: Nilson Tidd, Rep. Elizabeth Wallis of Hayes Engineering, Inc.
Attending: Nilson Tidd & Peter Olgren
Peter Olgren, Atty. – Last time we were here there were questions as to how we should precede with regard to the title determination.
Charles Waters, GCC – I thought that was what we left off with and I suggested that we push this out until you have a decision on this.
Nilson Tidd, Applicant – We would like to proceed.
Peter Olgren, Atty. – If you as a Commission don’t feel comfortable with proceeding without a decision from the Supreme Court… There was an issue with this being an NHESP area. And there was an issue of fill and regurgitating the whole thing again. We will have to get a whole new list of abutters and put in the legal ad and begin again so that all of the Commission is able to vote and the abutters can be here.
Charles Waters, GCC – Where did this leave off during this whole court proceedings time period?
Peter Olgren, Atty. – We had not been able to accomplish much until there was an issue of the property. A taking with the town and we got held up with NHESP. There was a title issue on this.
Carl Shreder, GCC – I was here on the Commission but, it has been so long.
Charles Waters, GCC – Steve, we should pull those minutes so we can find out where this left.
Peter Olgren, Atty. – I don’t believe there was ANRAD or anything.
Steve Przyjemski, Agent – Why not get a new delineation done and starts fresh?
Peter Olgren, Atty. – I think I could put in the old flags and see were we going from there.
Paul Nelson, GCC – I thought we were starting fresh?
Charles Waters, GCC – Well, let’s let them do this how they choose and we will correct them as we see fit as this goes along. So, what do you want to do from here?
Peter Olgren, Atty – We want to request a continuation and come in with a new plan.
Charles Waters, GCC – If you can have a plan in to us by March then we could get this moving.
Carl Shreder, GCC – Lets see what he has and then we can move from there.
Paul Nelson, GCC – Is there a waiver requested?
Steve Przyjemski, Agent – I don’t know but I will go through the NOI to make sure it is to our standards.
Carl Shreder, GCC – I don’t want to get to deep into this until the abutters can be notified.
Peter Olgren, Atty – We are not looking to present tonight.
Nilson Tidd, Applicant – I just want to be insured that all of the Commission will be able to vote.
Charles Waters, GCC – The Mullen Rule will protect the applicant.
Nilson Tidd, Applicant – So, I am guaranteed that all the Commission can vote?
Charles Waters, GCC – Yes, if you waive the Mullen rule. If he is committed to waiving the Mullen Rule before the vote on the day of the vote.
Peter Olgren, Atty – This wouldn’t be a waiver on the state law or the bylaw?
Charles Waters, GCC – Oh, we aren’t going to discuss that, yet.
Peter Olgren, Atty – Well, I’m wondering if this may have changed since this original filing. will the regulations be grandfathered in?
Steve Przyjemski, Agent – I will look into it.
Peter Olgren, Atty – You felt that we could continue if that title issue wasn’t even legitimate, yet.
MOTION to cont. to Mar. 6th @ 7:30 Tom/John B. all/unam
10 SEARLE STREET
Owner: James Bussing, Applicant: Same, Rep. William Paulitz
Mr. Bussing - We had discussed what would be donated to park and recreation and what was going to conservation.
Mike Birmingham, GCC – How much of that isn’t already wetland?
Mr. Bussing – About 4 acres.
Carl Shreder, GCC – Is this an access here? (Referencing the map)
Mr. Bussing – Yes.
Carl Shreder, GCC – Do you own that?
Mr. Bussing – Yes.
Paul Nelson, GCC – So, this is on the conservation end.
Mr. Bussing – Yes.
Carl Shreder, GCC – So, why was this drawn this way?
Mr. Bussing – The board asked to see definitive lines for what is going to be donated.
Steve Przyjemski, GCC – My issue with this is what wetland that is essentially giving it back is already and then there would be the access points that would need to be included. The park and rec issue is diff.
Charles Waters, GCC – Have we done a site walked on this?
Steve Przyjemski, Agent – No, it was discussed but we have to wait until the season returns anyway. My other issue is access.
Mike Birmingham, GCC – Couldn’t we use park and recreation access?
Steve Przyjemski, Agent – Well we could but I would rather have our own access drawn up and not involve park and recreation.
Charles Waters, GCC – If he wants to give this land to park and recreation then it has no part in the decision for the conservation land.
Paul Nelson, GCC – What he wants is to negotiate with the land.
Charles Waters, GCC – We should only consider that land that would be given to conservation. I think we should work with park & recreation if that was to be part of the agreement. Were this isn’t part of the mitigation we should only consider the land he proposes to give the con com.
Paul Nelson, GCC – It is up to the Conservation Commission to decide what would be acceptable as mitigation for the waivers. We should be looking at all of the proposed property to be donated to the town as potential mitigation.
Mike Birmingham, GCC – Even if it goes to park and recreation we still have to protect the land anyway.
Steve Przyjemski, Agent – I don’t think they are requesting waivers.
Carl Shreder, GCC – We can’t guarantee that everything would be allowed.
Mike Birmingham, GCC – Is the house outside the buffer?
Steve Przyjemski, Agent – No, and the only think that meets the regulations is….
Mr. Bussing – I spoke to Steve and I thought the house was 75 feet from the wetland. NHESP
Steve Przyjemski, Agent – It is special concern and special setbacks for NHESP. If I didn’t make it clear before I will now.
Mr. Bussing – I didn’t remember this.
Paul Nelson, GCC – Steve, you are familiar with the land, right.
Steve Przyjemski, Agent – If we accept a piece of open space land I think we should ask for mitigation. They are asking for significant waivers.
Mr. Bussing – The 4 acres of upland here that are being offered to con com would have been real nice land for park and rec. There was a new delineation down showing that as uplands.
Carl Shreder, GCC – It isn’t showing that on the plan.
Mr. Bussing – I have a plan that does show the new delineation. This was signed off in 1989 by the PB here where there are two separate lots.
Steve Przyjemski, Agent – This was recently subdivided of recently because there was some concern over a taking.
Paul Nelson, GCC – What is the parcel next to C?
Mr. Bussing – This is all one parcel.
Paul Nelson, GCC – Oh, okay. I see that now.
Carl Shreder, GCC – So, the Commission needs to decide what the mitigation should be. I believe no one has been out there except for Steve and myself.
Carl Shreder, GCC – A site walk?
Charles Waters, GCC – We shouldn’t wait till April 15th to look at the area. Were we are not looking at the delineation and/ or as a group. We can go out individually. There are some issues with this road being too narrow for snow plows and I see a similarity to a previous case. I would need to see that land before I can decide.
Carl Shreder, GCC– It seems that this should be what we need to do. There is quite a bit of pine trees and a plan like this doesn’t do this justice.
Paul Nelson, GCC – This is 100 foot setback land and it could be questionable as to the value of the land.
Steve Przyjemski, Agent – The question is the value of this land.
Carl Shreder, GCC – I think we should consider what would be clear cut and we can’t combine the land that is being offered to park and rec.
Mr. Bussing – Do we know what the endangered species are?
Steve Przyjemski, Agent – Blanding’s turtles.
Charles Waters, GCC – Is anyone available on Saturday for a site walk?
Steve Przyjemski, Agent – I would.
Paul Nelson, GCC – I would be.
Jim Dimento, Park and Recreation – We had laid it out on the proposed plan in terms of what is being offered. We have been asked if we were removing the trees. We were thinking of a shed, a restroom and etc. We have been working what would be the access. We know we are going to have to scale back.
Carl Shreder, GCC – Well, because we have specific bylaws we must consider the impact.
Jim Dimento, Park and Recreation – If you look at this map here were there are landlocked areas and we could potentially create a greenway. Will it happen? I don’t know but conservation wise we want to purchase these parcels. We do intend to put a park in here, though.
Carl Shreder, GCC – You have factored in the variances on this land with our regulations.
Steve Przyjemski, Agent – There are already some great trails out there.
Carl Shreder, GCC - We need the big picture on this to visualize what the future plans are.
Steve Przyjemski, Agent – We should do a site walk to evaluate the information.
Carl Shreder, GCC – This is not delineation.
Paul Nelson, GCC – No, it is not.
Steve Przyjemski, Agent – This way we can get a feel of the land.
Charles Waters, GCC – Do you think enough snow has melted to see it?
Carl Shreder, GCC – Yes.
Steve Przyjemski, Agent – Where should we access?
Jim Dimento, Park and Rec. – There is an issue that I haven’t brought up…if we can get this land we can’t build on this land if CPC funds are used to purchase it.
Carl Shreder, GCC– We are not endorsing this as a field.
Jim Dimento, Park and Rec. - I will not get the three fields. Hopefully, I can get a skate park. What would the town want that for this usage? I just want to grab it up and work with it from there.
Charles Waters, GCC – You do understand that we can’t take into consideration what this means for park and rec. So, we can look at what the park and recreation benefits would be. The idea of mitigation here is what can be given to the Commission.
Paul Nelson, GCC – Those fingers that go up into the wetlands that would change things, right?
Jim Dimento, Park and Rec. – No, because those are still wetlands.
Carl Shreder, GCC – We have had issues with fields within the wetlands.
Jim Dimento, GCC – I don’t have the final say in this anyway but, I could get this town land and decide from there. The best thing is to walk this to get a layout of the land.
Steve Przyjemski, Agent – To give an idea of how tight this is you can see this is completely surrounded by the wetlands.
MOTION to conduct a site visit to 10 Searle Street and not for the purpose of delineation. Tom/ John B. all/unam Saturday, Jan. 12th @ 9am.
MOTION to cont. to Mar. 6th @ 8pm Tom/ John B. all/unam
PARISH ROAD
Owner: Parish Road Reality Trust, Applicant: Same, Rep. Rimmer Environmental
Carl Shreder, GCC – I understand that the applicant is not here. Did we have a continuation date? Have they submitted anything to us?
Steve Przyjemski, Agent – I haven’t seen any plans.
Carl Shreder, GCC – The Commission did not agree with what was proposed.
Paul Nelson, GCC – They didn’t ask for a vote on this, yet.
Steve Przyjemski, Agent – Right, the lawyer was going to go back and revise as far as we know.
I have not seen the new plans and I have not asked for them.
Carl Shreder, GCC – I want them before hand so we have time to review them.
Mike Birmingham, GCC – I think it is pretty clear what we want so, we need to make a decision.
MOTION to cont. to Feb. 7th @ 7:30pm Tom/ John B. all/unam
AMERICAN LEGION PARK
Owner: Town, Applicant: Jim Dimento (Park & Rec.), Rep. Joe Sinkewicz
Joe Sinkewicz – We were waiting on the DEP number for this project and we have it, now.
Carl Shreder, GCC – Okay, if there aren’t any other issues.
MOTION to accept the plan for American Legion Park plan as presented. Paul/ Charles all/unam
MOTION to close Mike/ Charles all/unam
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