GCC Meeting Minutes
June 12, 2008
2nd Floor Meeting Room
Attendance: Carl Shreder, John Bell, Charles Waters, Mike Birmingham, Steve Przyjemski, and Sharon Munro.
Signing:
- Bills
MOTION to sign the bills. Mike/ John B. all/unam
-OoC for 65 East Street
-Re-appointment for Harry LaCortiglia (Open Space Committee)
MOTION to reappoint Harry LaCortiglia for Open Space committee Mike/John B. all/unam
Approval:
Meeting minutes for: 4/03, 4/17, 5/01, and 5/15.
MOTION to approve the meeting minutes for 4/3, 4/17, 5/01, and 5/15 with corrections. Mike/ John B. All/unam
Discussions:
-Bylaw discussion
MOTION to have Steve hire a wetland scientist to evaluate the current Reg/bylaws/Master Plan/Open Space to make recommendations if necessary.
John B. / Mike all/unam
MOTION to authorize Steve to review the master plans. Charles/ Mike all/unam
-9 Gloria Road violation
Carl Shreder, GCC – Steve, please tell us about this situation and then we will talk with the applicant.
Steve Przyjemski, Agent - We have an OoC currently for this applicant and there was some discussion regarding this particular tree removal. Thursday I got a call that the tree was being cut and once I got out there the tree had already been cut in half so, I went ahead and asked that the debris be removed. The applicant had asked to amend the OoC to start the planting when the mitigation was done and there was a request to remove the tree again.
Barry Low, App. – The cutting of trees was never a part of the OoC. Also, the work was stopped for two full hours before any decision had been made. I called the state’s arborist and it was originally to be cut to 50’. Your agent told the tree company that it was okay to cut the entire tree down. I had never asked for the tree to be completely removed only to make it safe. The issue here is that the agent held up the tree company for hours.
Carl Shreder, GCC – So, you are saying that our Agent, Steve, is to blame.
Barry Low, App. – Yes, and nowhere in the OoC is there anything about the trees being cut.
Charles Waters, GCC – There was discussion about this tree. We have meeting minutes that clearly state those discussions. Here is a letter from you regarding the same tree asking to remove it. (Quoting the letter)
Barry Low, App. – What's your point?
Charles Waters, GCC – I will get there… (Here Charles quotes meeting minutes regarding the conversation that pertained to the request of the applicant to remove the tree and the commission stated they did not feel the tree needed to be removed at that time and if the condition of the tree changed then the applicant was to notify the commission.)
Charles Waters, GCC – If you specifically asked for permission to cut this tree down when you requested to amend the OoC and the Conservation Commission specifically denied permission, why did you cut the tree?
Barry Low, App. – …because it never said anything in the OoC about not cutting the tree. (Screaming) That OoC doesn’t state anything about the tree.
Charles Waters, GCC – I don’t know how you can say that. When you were here before us the last time you specifically asked for an amendment to the OoC to remove the tree. So, you are saying now that you didn’t know that you could not remove the tree.
Barry Low, App. – Correct.
Carl Shreder, GCC – How far was the tree cut when you went out there, Steve.
Steve Przyjemski, Agent – When I got there the tree was cut in half and was essentially a stub. I took pictures. I was probably there for about ten to fifteen minutes, tops.
Charles Waters, GCC – Who talked to the tree company prior to the cutting of the tree?
Barry Low, App. – I had talked to the tree company ten days before they came out. I asked to have some trees cut down I had them come out to do just that.
Charles Waters, GCC – So, did they come out to see the area before they came out to do any cutting? Did you tell the tree company that you wanted the tree to be cut in half?
Barry Low, App. – No, I told them to cut to the bottom of the branches.
Charles Waters, GCC – So, did you point to it out and tell him to cut it in half?
Barry Low, App. – No, I never said cut it in half.
Charles Waters, GCC – Would you say that it was half of the tree?
Barry Low, App. – Yes, big deal if it was cut at 35’. That is still a good sized tree. It would have grown back.
John Bell, GCC – I’m done with this. This is clear that it is a violation.
Charles Waters, GCC – You know you were coming in here tonight why didn’t you bring the tree company or your attorney? I wanted to have you come in here and tell us what happened. You have come in hear yelling at us, blaming our agent, and claiming that the OOC does not say you can’t cut the tree down, when you specifically asked us to amend the OOC earlier to do just that.
Barry Low, App. – All I wanted to do is trim a tree.
Charles Waters, GCC – You authorized the cutting of a tree. You are responsible for what was done. That is why I would have expected that you’d bring in the tree company to tell us how there was a misunderstanding.
John Bell, GCC – Where do you want to go from here?
Steve Przyjemski, Agent – We can see this as a violation of the OoC as well as a violation of its own standing.
Charles Waters, GCC – I think it makes sense to pull the OoC.
Carl Shreder, GCC – So, is there any thoughts on this?
Charles Waters, GCC – We repeatedly worked with this applicant on numerous occasions. During the hearings, on several occasions, we’d agree on something, and he came back seeking to change these plans. He was told not to cut the tree down and he did. From my perspective, he is in violation of the OOC and the actions he’s taken now make it impossible for him to satisfy the conditions of the OOC.
Barry Low, App. – I am not in violation of the OOC.
Mike Birmingham, GCC – Did you follow the OoC?
Barry Low, App. – (Screaming) I never told the tree company to cut down the tree. Your agent told them to do that.
Charles Waters, GCC – You are not taking the right approach here by yelling at the commission.
Mike Birmingham, GCC – Should we bring in the tree company?
Charles Waters, GCC – No, this is his responsibility. He should have brought them here today to state his case.
Charles Waters, GCC – Was your wife there when the tree company was there cutting the tree?
Barry Low, App. – Yes.
Charles Waters, GCC – Why isn’t your wife here explaining what she saw and told the tree company.
Barry Low, App. – There was no need for that.
Carl Shreder, GCC – Why didn’t you call the agent as a common courtesy?
Barry Low, App. – No, because I wanted the state arborist.
John Bell, GCC – What is his name?
Barry Low, App. – I can’t remember. I could get it.
Discussion continued as Barry Low, App. screams and argues that the tree was not to be cut all of the way.
Charles Waters, GCC - The tree company told Steve that you told him to cut the tree the way it was when Steve found it. What is the name of the tree company?
Barry Low, App. – I don’t remember.
Charles Waters, App – What is the name of the person you had a conversation with.
Barry Low – I don’t remember.
Mike Birmingham, GCC – I think this should be a fine and a revoke on the OoC.
Steve Przyjemski, Agent – …with some replanting?
Mike Birmingham, GCC – Yes!
Steve Przyjemski, Agent – So, a one day fine of $300?
John Bell, GCC – Is there a fine for the DEP sign not being posted?
Charles Waters, GCC – Do we feel that the sign not being posted also contributed to the tree company not knowing that he should not cut?
Charles Waters, GCC – For the record you, Steve, measured the tree at the time you went out there?
Steve Przyjemski, Agent – Yes.
Steve Przyjemski, Agent – So, a $ 300 fine for signage, $300 fine for cutting the tree and a revoke on the OoC?
MOTION to revoke OoC due to the work being started before it was supposed to commence. A fine is to be issued in the amount of $300 for cutting a tree without the approval of the commission. A fine in the amount of $ 300 is for not having a DEP sign posted at the site. A replanting plan will be worked out with Steve the Agent. Mike/John B. all/unam
HEARINGS:
Proposed revision to Fee Schedule Table in Section 17 of the Georgetown Wetland Protection Regulations
MOTION to cont to July 10th @8pm. Mike/John B. all/unam
47 West Street
Steve Przyjemski, Agent - The risk assessment has not been done when they have said it would be. So, we are waiting for the results of the assessment.
MOTION to cont to Aug 7th @7:30. Charles/Mike all/unam
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