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October 15, 2009
GCC Meeting Minutes
October 15, 2009
2nd Floor Meeting Room


In Attendance: Carl Shreder, Paul Nelson, Tom Howland, John Bell, Michael Birmingham, Steve Przyjemski, Carol Fitzpatrick

Signing:        CoC for 172 W. Main Street, Lot 3 & Lot 5
                CoC for 83 Lake Shore Drive
                CoC for 17 Marlboro Road
                NOI Extension for 187 North Street                              

Discussions:

Discussion  regarding American Legion Park and Fanwort/drawdown proposal:
Attending: Bill Dudley, Pentucket Pond Association:
I have been researching this for several years. An abutter has been filling in the pond and clogging up the pond.

Mr. Shreder: That is a permanent situation. Let us focus on what we want to talk about.

Mr. Dudley: A pipe from the rip-rap to the marsh area is needed to alleviate the storm water overflow. Current work has helped as we had only one day of high bacteria counts.

Mr. DiMento, Park & Recreation: Last year we moved the sand along the waterfront and filled it in with new sand.

Mr. Shreder: We had many more closings the previous year. It is not a finished projected.

Mr. Przyjemski: The project can be modified and maintained. There was never a final version of the NOI as we knew it would have to be adapted ‘on the fly’. We can remove the swale and/or put in a pipe to create and outflow.

Mr. DiMento: We bought a sand machine to clean the current sand on the beach but we need more sand. It is continuing to erode into the water.

Mr. Shreder: The state will have a problem with that, that being the fact that Park and Rec wants to ‘dredge’ sand out of the water and re-use it –either in the beach or the play ground areas.

Mr. Nelson: To handle the drainage from the upper playground, we probably need to put in a drywell on the pond side of the playground. The solution to the overall storm water issue is multi-faceted. After a heavy rain you can see erosion in multiple areas of the park.

Mr. Dudley: The water goes into the rock pile is coming from the overflow tank. We cleaned the tanks this year and it has helped.

Mr. Shreder: Does Peter Durkee know that this is an ongoing maintenance issue? I would like to see it on a schedule.

Mr. DiMento: I will work on that.

Mr. Bell: I want to make sure there are no petrol products going in there.

Mr. Przyjemski: It (the storm water detention system) is working but it is undersized for the overflow.

Mr. Shreder: We need to push on with the storm water project. This is timely.

Mr. DiMento: There is a culvert on Gloria Road that needs to be resolved.

Mr. Dudley: On another note, there are 14 geese at the park this summer. The Board of Selectmen have bounced this back to you regarding the removal of them. I would like to have the USDA come in and remove them.

Mr. Shreder: The grass attracts the geese. You can put different types of vegetation that they don't like. Go down in January and chase them north.

Mr. Dudley: I put up a 4 foot wire fence. They found their way around it. (there was agreement, as I recall, in again having the state addle the eggs to keep them from hatching) Regarding fanwort, we had a vegetation survey this fall. It goes up to where the channel starts. I would like to drawn down the pond. For isolated areas of fanwort, we can fill the buckets with sonar and put it the down into the lake.

Mr. Bell: It is their hiding spot.
What is the problem with doing a draw down on a regular basis?

Mr. Przyjemski: A draw down kills other species. You cannot draw down more that 3 feet. The pond has gone down 2 feet on its own.  I have gotten a quote on this, it is $7000. National Heritage is okay with it. We have their permission to use sonar also.

Mr. Shreder: We need to have a functional management plan. The sonar treatment is not permanent or financially sustainable. Over several years it will cost upwards of $50,000.

Mr. Dudley: Most of the marsh is about 1 foot deep. Fanwort is susceptible to freezing. I put in an application.

Mr. Przyjemski: Are you comfortable with pushing this through with the CPC and National Heritage??

Mr. Dudley: There is a problem with beaver dams pass the railroad tracks.   

Mr. Shreder: We can address beaver dams and would need a permit from the Board of Health.

Mr. Przyjemski: I will contact mosquito control in to evaluate.

Mr. Nelson: We need to update the NOI for the beach for the next meeting.


Discussion regarding Zoning changes for recreational land
Attending: Nick Cracknell, Town Planner

Mr. Cracknell: This will go before the spring town meeting we hope. The GAA wanted to put a field in on Stone Row and we all found there is really no existing zoning use for active recreation facilities. It is unclear what of the 4 zoning bylaws applies. We now have a draft remedy for active and passive recreation.

Mr. Shreder: Why is the Planning Board involved in this when it is conservation land?

Mr. Cracknell: No one is exempt except for a school, affordable housing, agricultural uses, day care, etc. We are putting the bar very low. We are trying to achieve 3 things: One: To fix this to determine the use and all uses not listed, a definition for active and passive recreation (rail trail, walking trails). Two: We are defining it as 5 parking spaces or less.

Mr. Shreder: Could you forward the state law that states…  How do you categorize open space?

Mr. Cracknell: Open space is not a use. It is a passive space. Passive recreation is allowed as a right. Active recreation right now requires a site plan review. A big facility requires a special permit.

Mr. DiMento: It is important to define these uses.

Mr. Przyjemski: I will send this stuff out on Monday for your input.

Mr. Shreder: Another board can come in and can change this at a whim. We set it up so it cannot be changed.

Discussion regarding Town Meeting warrant articles
Attending: Nick Cracknell, Town Planner

Mr. Cracknell: Two warrant articles will be brought to the town meeting. Whispering Pines/Sage Road: the road has been finished. We are trying to get these 3-4 roads accepted. Our engineer has signed off. They will be signed off by our board on October 24th to make the warrant deadline for the town meeting.
The following was prefaced by a discussion on the fact that Blueberry Lane development had only a single NOI/CoC and consequently, we cannot sign off on a Roadway only CoC.

Mr. Przyjemski: Blueberry Lane has an opened CoC so I wouldn't be able to sign off.

Mr. Cracknell: We are going to withhold 1 lot on Blueberry Lane (there are 4 lots). We will have the developer fix the roadway in order to keep the lot. We want the roads to stay together. We will hold from $6-15,000 for Whispering Pines until the CoC is issued by the Con Com Board.

Mr. Przyjemski: They would need a separate CoC for each street.

Mr. Cracknell: This is worth $3500 in Chapter 90 money.

Action  items:
-  Nick will send Steve Przyjemski the information for the Form J.

Paul Nelson: You can give partial CoCs for each lot.

Mr. Shreder: I don't think you can force anyone to do anything on a partial CoC.

Mr. Nelson: You are not going to be able to issue the single CoC either. There is no clean answer to this issue.

Discussion regarding Pond View access to town land behind the lot
Attending: Nick Cracknell, Town Planner

Mr. Cracknell: ArcView maps are presented. The question is Harry LaCortiglia made the point of a connection to the Gun Club from Lake Ave. We asked them to put a parking space ahead of the lot. They are doing a bio-retention area in the cul-de-sac.

Mr. Shreder: This access puts you right behind the rifle range.

Mr. Cracknell: It is actually uphill.

Mr. Przyjemski: It doesn't lead to ConCom land; it leads to US Fish and Wildlife.

Mr. Shreder: The only issue is you are on their land and may not know it.

Mr. Cracknell: The state would put up signs on the property so you would know you are on the property.

Mr. Przyjemski: This is being offered to the town as open space.

Mr. Cracknell: Any thoughts on the parking?

Mr. Przyjemski: Will there be bounds?

Mr. Cracknell: Only in the front. Do you want care and custody? They will create the trail.

Mr. Przyjemski: Do you want to accept the land? We have an Enforcement Order on this site. That is another issue.

Mr. Cracknell: They want to right the deed.

Mr. Birmingham: It is not going to hurt us. We should see what Fish and Wildlife have to say.

Discussion regarding Sand and Gravel CoC
Attending: Nick Cracknell, Town Planner

Mr. Cracknell: Pulte reduced their surety to $500,000. We wanted them to put a slide gate into the retention pond. Pulte had a license agreement to put the blocks in and don't have one to take them out.

Mr. Shreder: National Grid thought that they would get them out via the bridge.

Mr. Cracknell: I have been trying to get National Grid to respond.

Mr. Shreder: Some of the land National Grid owns and other they have easements on.

Mr. Cracknell: In our minds, the berm was always there.

Mr. Shreder: The berm was not there, they (the developer) put it there. I was on the Con Com when this began. It was a small berm. The Con Com issued an order because the water was flowing onto town land.

Mr. Cracknell:  It will cost $16-18,000 to remove the blocks. Pulte can pay the town with a contingency to remove the blocks once we have permission from National Grid. It will cost $15-20,000 to put in the pipe. National Grid will be more responsive to us, than Pulte.

Mr. Shreder: National Grid needs to file a local NOI with us. Who are you dealing with a National Grid?

Mr. Cracknell: Steve Towle. This is an FYI to your board.

Mr. Birmingham: By cutting the berm and making the swale, we would possibly show we were directing water to the land owned by National Grid.

Discussion regarding 10 Searle Street modification to plan
Attending: Jim Bussing, Applicant, 10 Searle Street

Mr. Bussing: I am proposing to put in some blueberry bushes.

Mr. Przyjemski: I thought you were to propose to re-vegetate to put the no-cut zone back to where it was originally. The silt fence was put in the wrong spot.

Mr. Shreder: Did we take a vote on this?

Mr. Przyjemski: It was just a discussion. It is 4 feet, for safety reasons. He is willing to mitigate our concerns. We never did define it as major or minor.

Mr. Shreder: I do not consider this major.

MOTION to declare this as a minor modification to 10 Searle Street. J. Bell/M. Birmingham. All/Unam

Mr. Birmingham: I would like to see the original minutes of this project.

Mr. Przyjemski: I will attach that to these minutes.

MOTION to approve the modification to the plan to 10 Searle Street. J. Bell/M. Birmingham
4-1, P. Nelson abstains.

Mr. Bussing: I would like to bring up 5 Richardson Lane and the CoC. The owner would like to move in over the weekend.

Mr. Przyjemski: The CoC will not be recorded until Monday.

Mr. Bussing: Can I get a copy and give it to the owner?

Mr. Przyjemski: It is better than a letter from me but is not the final document. I will make copies.


3 Londonderry Lane (GCC-2009-11; DEP 161-0699)-NOI
Chris Speragus, Hayes Engineering and Michael Crowe, Tritown Homes Realty Trust

Chris Speragus: The NOI order lapsed in April 08. Mr. Crowe is in line to purchase the property. The previous footprint was 20 feet wider. He explains the changes to the plan.

Mr. Przyjemski: Do you have the green cards?

Mr. Shreder: Did you re-delineate the intermittent stream?

Mr. Przyjemski: That is why I asked him to move it to 75+.

Mr. Speragus: The footprint has been moved to 1500 SF.

Mr. Birmingham: There are no variances then? I don't think we need a 3rd party to delineate the lines. They are pretty far away.

Carl Shreder: They could have required an extension.

Mr. Speragus: Unfortunately Mr. Spears is out another $2000.

Mr. Przyjemski: You need to put in another bound. We should accepting the wetland….I can hold the OoC until I receive the green cards on Monday.

MOTION to accept the NOI of 3 Londonderry Lane, October 14, 2009, with the caveat that we get the green cards on Monday and that they add another bound and we not accept the wetland. P. Nelson/J. Bell All/Unam

MOTION to close 3 Londonderry Lane. M. Birmingham/J. Bell. All/Unam

Park and Recreation- ANRAD (GCC-2009-12; DEP 161-0700)
Lisa Lane & Searle Street
Jim DiMento, Chairman, Park & Recreation

Mr. DiMento: Presents the plan to the commissioners.

Mr. Shreder: You can open this and you can add to it over the winter.

Mr. Nelson: If you are getting CPC money, make sure you cover our guy also.

Mr. Shreder: We cannot treat the town more leniently than other applicants.

Mr. Przyjemski: I walked the property with Mary Rimmer last week.

Mr. Shreder: I am going to open the ANRAD (GCC 2009-12) for Searle Street and Lisa Lane.

Mr. Przyjemski: My recommendation is that we have the site walk on the April 17th if the site plans are complete at that time.

Mr. Birmingham: We do not need to notify more abutters. With an ANRAD you are just evaluating the land, you are not doing anything. Once you do something we move to a NOI.

Mr. Przyjemski: Delineation is 200 feet; Abutters is 300 feet. We need to do a site walk on the 17th.  The continued Public Hearing would be the following Thursday meeting on April  22nd.

Action Items:
  • Site walk on April 17th at 8 am.
  • Public Hearing on April 22nd at 7 pm.
  • Jim DiMento to walk site in next 2 weeks.
  • Steve to see if CPC will pay for this.
MOTION to have a site walk for Searle Street and Lisa Lane at 8 am on April 17th   and continue the Public Hearing to 7 pm on April 22nd. T. Howland/P. Nelson. All/Unam

Mr. DiMento: I will walk it in the next two weeks.   

Mr. Birmingham: You can flag it but we cannot walk it say that we agree on anything.

Mr. Przyjemski: We need to discuss how this will be paid. I would like to bounce it to CPC.

47 West Street – Tidds Junkyard- (GCC-2007-11; DEP 161-0666) NOI (Cont.)
47 West Street – Tidds Junkyard-(GCC-2007-12 DEP 161-0661) NOI (Cont.)

Mr. Przyjemski: He is having medical issues. He is being treated for brain cancer. I have been emailing him and he has been ignoring the PIP question. Why write another EO when we have one.

Mr. Shreder: If he is having serious medical problems we may need another contact.

Mr. Przyjemski: I will remind him of this $300 per day. I am going to write him about the PIP meeting.

Mr. Nelson- The clean up needs to be completed.

Mr. Shreder: We should contact his partner and start copying him on everything.

Mr. Przyjemski: The last document that went out was the DEP asking him to conduct more sampling. He didn't do anything about it.

Mr. Shreder: He has been holding out for too long.

MOTION to continue 47 West Street, both, to December 10th to 7:15 pm and 7:20 pm. T. Howland/J. Bell. All/Unam

Hearing to discuss possible changes to the Town of Georgetown Wetland Protection Regulations (Cont.)

Mr. Shreder: I will open the hearing. John Lopez has them.

Mr. Howland: I just have two comments on vernal pools.

Mr. Przyjemski: I will send them to Tom on Monday.

Action Items:
                - Steve to send Georgetown Wetland Protection Regulations to Tom Howland on                             Monday.

MOTION to continue the hearing to December 10th at 7:30 pm. M. Birmingham/J. Bell. All/Unam  

MOTION to pay the bills. T. Howland/P Nelson. All/Unam

Update regarding Conservation Restriction for Camp Denison parcel and Bailey Lane land

Mr. Shreder: Give them a date and send them a formal letter.

Tim Ruh and Stone Row development of 3 new houses

Mr. Przyjemski: Do you want to hold a Conservation Restriction (CR) on the property? They are extending the road. It will not be a public access. He can create a CR under the HOA.

Mr. Nelson: That is the fox watching the hen house. That is not the way that CR's work.


0 Rosemarie Lane, potential CPC property

Mr. Shreder: We need to take advantage of the funds available for CPC because they may not be available in the future.

Mr. Przyjemski: He is looking for $50,000 but we can't give him more than the appraisal. There is some upland and it could be developed.

Mr. Shreder: We could try to grab some of the land-locked parcels and take a look at what we would like to see as added open space.

Mr. Bell: We should see what it is assessed at.

Executive Session regarding litigation

MOTION to end the meeting at 11:00 pm. T. Howland/P. Nelson. All/Unam

Next potential meeting dates:
November 12; December 10th