Conservation Commission Meeting Minutes
Basement Meeting Room, 7:00 p.m.
December 10, 2009
In attendance: Carl Shreder, John Lopez; John Bell, Charles Waters , Paul Nelson, Steve Przyjemski, Carol Fitzpatrick; Minutes Recorder.
Discussions:
Discussion with Tim Ruh, property owner, Lot 14, Stone Row Lane-Conservation Restriction (CR)
Mr Ruh recently bought the land and would like to sell it as 3 buildable lots. In the COV, it stated that the land must be recorded with a CR for 5.6 acres in Lot 3 before the land is sold. Mr. Ruh discussed the different types of CRs that he could persue: 1) Town of Georgetown hold the CR, or 2) Essex County Greenbelt (ECGB) hold the CR. Mr. Ruh was initially interested in having the ECGB hold the CR for a fee of $15,000, since he believed it was the quickest route (estimated time: 3 months). Mr. Przyjemski mentioned that the town has never held a CR before but he would look into it. Mr. Shreder mentioned that the real time frame to go through ECGB is much longer. Mr. Shreder said the CC would be interested in holding the CR (with limited administrative burden) even thought there would be costs involved. The CR
cannot be held through Chapter 184 because the land does not offer public access. Mr. Ruh offered $3,000-$4000 as an endowment for initial administrative costs and that the CC would put the money in a separate escrow, revolving account in perpetuity for future encroachments and other future administrative costs. Mr. Przyjemski added that whoever encroaches on the land pays the fees. Mr. Przyjemski said he would run the numbers next week on the costs of the town holding the CR. Mr. Waters commented that Mr. Ruh’s attorney should draft a document for the CR and that the state would need to approve this first.
Action items:
Mr. Przyjemski to review the costs of having the Town of Georgetown hold the CR.
Mr. Ruh and his attorney to present a draft document of the CR to the Conservation Commission.
Mr. Nelson: I make a motion to have Mr. Przyjemski review potential costs of a property CR by Mr. Ruh for Stone Row Lane.
Second: Lopez ; 5-0; Unam
Bailey Lane Culvert Replacement (GCC-2009-13, DEP 161-0701)-NOI
Steve Tyler of Bayside Engineering is representing the Town of Georgetown Highway Department. Peter Durkee, Highway Supervisor, could not attend the meeting. The town is proposing the culvert. There was not money to repair it in the past. They are proposing a temporary channel, a coffer dam and they would put in a bypass channel. Mr. Przyjemski stated that they would be able to modify this by sectioning off the culvert area, depending on flow. That would be the worse case scenario in this plan.
The former repair plan was discussed with that plan estimated to cost $500,000 with the construction of a bridge. The current plan will be much less expensive. Mr. Waters stated a concern about another place for the floodwater. The Highway Department would like to do the culvert in the spring. Mr. Tyler stated that a 32-foot, steel, crash-tested, galvanized steel barrier would be put up at the site. The previous wetland delineation is good for 3 years with the wetland lines to the edge of the road. Mr. Tyler stated that National Heritage was okay with this plan. This is a permanent road that would be closed during heavy flooding. Mr. Przyjemski mentioned putting in a critter path and Mr. Tyler said National Heritage would be okay with that addition.
Mr. Mark Unger, 25 Bailey Lane, an abutter, stated that the area isn’t in a flood zone and maybe floods every 3-4 years. He agreed with the critter path, due to a lot of animal crossing there since the water level is 2 feet under the bridge. Mr. Przyjemski mentioned that this plan has a much lower impact than the prior repair plan and that a box culvert should be put in.
Action items:
1) Steve Przyjemski to look into the critter path with National Heritage.
Mr. Waters: Motion to continue the public hearing for Bailey Lane Culvert Replacement to February 11, 2010 at 7:30 pm. Mr. Nelson: Second; 5-0; Unam
Meeting Minutes Discussion:
A more concept-based, minutes recording with action items and motions was discussed. Steve and Carol Fitzpatrick will discuss.
47 West Street Tidds (GCC-2007-11; DEP 161-0666)-NOI
Mr. Przyjemski emailed and talked to Morello recently regarding the PIP meeting. We have $80,000 in fines that are owed to us. Mr. Shreder stated that the applicants are asking the ZBA to lift the 40B Affordable Housing and Over 55 restriction. They feel it is discriminatory. Mr. Przyjemski stated that the DEP asked them to do more sampling (8 more samples) and he feels they are stalling. Mr. Przyjemski wants to persue the PIP meetings with the group. Mr. Shreder commented that the ConCom has had huge communication issues with the applicant.
Mr. Przyjemski has asked Mr. Morello to deposit more money into the account. He will stay on this and will talk to Valerie again regarding the PIP meeting. Mr. Przyjemski will write and Enforcement Order if the commissioners want him to.
47 West Tidds (GCC-2007-12; DEP 161-0661)-NOI
Mr. Przyjemski stated there is no benefit to denying this change in zoning status other than to collect more fees.
Mr. Bell: I make a motion to continue the Public Hearing for Tidds to April 22, 2010 at 7:30 and 7:35 pm.
Mr. Lopez: Second; 5-0; Unam
Georgetown Wetlands Protection Regulations (Cont. Public Hearing)
Mr. Przyjemski stated that Mr. Lopez emailed him his changes. Mr. Przyjemski then mailed the regulations to Mr. Howland.
Mr. Waters: Motion to continue the changes to the Georgetown Wetlands Protection Regulations to February 11, 2010 at 7:35 pm.
Mr. Bell: Second; 5-0; Unam
12 Pillsbury Lane (GCC-2009-14, DEP 161-072)-NOI - Repair existing driveway, replace cross drain and repave
Robert Lynch of Atlantic Engineering is representing the client, Steve Higham. The driveway has two culverts: one culvert is crushed and the other has several frost heaves where the pipe is located. They want to go underneath and get the pipe out from under the water. The driveway is in need of repair. The DEP has not made comments on this project yet. The repairs are scheduled for this spring.
Mr. Przyjemski stated that the site looks like it may have been a filled in wetland at one point. There is no channeling and no erosion. It is well vegetated with moss. He recommended that they might want to add a silt fence on both sides of the road. There is no erosion although it is two feet from the wetland. Mr. Lopez mentioned that coconut fibers might be used at the inlet pipe instead of riprap since it slowly decomposes.
Mr. Waters: Motion to continue the Public Hearing for 12 Pillsbury Lane to Feb 11, 2010 at 8:00 p.m.
Mr. Bell: Second; 5-0; Unam
Discussion Item: Abbey Road Subdivision
This is one Order of Conditions for the whole subdivision. There is no developer and no money to do an assessment. One homeowner would like to close his CoC out. The project is done but we don’t have engineering detail as to how it was done. The subdivision is 100% complete.
Mr. Nelson mentioned doing a partial CoC on the other lots in the subdivision. Mr. Lopez mentioned that this can be a tricky legal situation and that we don’t want responsibility for violating the law. The town is liable to close out the CoC. Mr. Nelson said that if we want to research all of the properties and attest that everything is okay and in compliance with the OoCs, then he is okay with it. Mr. Przyjemski stated that it would cost $10,000 to fully research this. Mr. Shreder stated that the only liability we face is that we didn’t do due diligence. He said that he didn’t have a big issue with the one CoC and prefers this to issuing a partial CoC.
Action items: Mr. Przyjemski will talk to the engineer and MACC.
Vote on the payment for Camp Denison bills:
Mr. Nelson: I make a motion to allow Steve Przyjemski to approve the bills for Camp Denison.
Mr. Waters: Second; 5-0; Unam.
CPC discussion on the Pond project recommendation
Mr. Shreder said that Bill Dudley would like to recommend that the CPC pay $100,000 to treat the pond with sonar. The CPC are going to ask what our recommendation is to spend on the treatment. We need to provide the CPC with specific information as far as funds and a plan. Mr. Przyjemski stated that CC does not have enough money in the account to do another treatment right now.
Mr. Bell: Motion to accept the minutes for October 15, 2009
Mr. Nelson: Second; 5-0; Unam
Mr. Lopez: Approve as amended with Mr. Shreder to review October 15, 2009 minutes.
Mr. Bell: Second; 5-0; Unam
Mr. Lopez: I make a motion for Steve Pryjemski to authorize an Enforcement Order for 6 Forest Street (Smolen) to appear before the commission and explain why they are not in compliance.
Mr. Bell: Second; 3-1; Mr. Nelson abstains. Mr. Waters left the meeting at 9:20 p.m.
Mr. Przyjemski: I will add two meetings and a fine.
Mr. Lopez: Approve as amended.
Mr. Bell: Second; 3-1; Mr. Nelson abstains. Mr. Waters left the meeting at 9:20 p.m.
Mr. Nelson: I make a motion to end the meeting at 9:59 pm.
Mr. Bell: Second ; 4-0; Unam. Mr. Waters did not vote. He left the meeting at 9:20 p.m.
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