Conservation Commission Meeting Minutes
March 18, 2010, 7:00 pm
2nd Floor Meeting Room
Attendence: Mike Birmingham; Paul Nelson; Carl Shreder; John Bell; Steve Przyjemski, Conservation Agent; Carol Fitzpatrick, Minutes Recorder
Absent: John Lopez; Charles Waters
Approvals: Vouchers
December 10, 2009 Minutes
Signings:
Camp Denison Discussion
Bob Gorton, Bob Goodwin, Bob Apprich present
Mr. Apprich said that they had lots of trees down from both storms.
Mr. Gorton said that Bob Morehouse is updating the management plan. It will be completed sometime next month. The cabins have been improved, the kitchen has been updated, the alarm systems have been fixed. John Caldwell has inspected everything. There are lights and fire extinguishers in each cabin that sleeps 8. Be Epic has moved on to a larger facility. The Nature Center is finished. They have added an outdoor shower adjacent to the restrooms. New horseshoe pits have also been added.
They are working to improve the roads. The Camp Denison Committee are working on getting an alcohol license. The Department of Conservation and Recreation has been contacted about this. However, no alcohol can be authorized without GCC approval. They also want to widen the handicap ramp. The Camp Denison Comm. believes their major weakness is marketing the property. They are trying to get free publicity on public television.
Bob Goodwin showed the Con Com their forest brochure. They divided a 1-acre lot into 4 sections and included a map with keys. Mr. Goodwin explained the brochure to the Commission. They also put together a map with trees that have recently fallen for insurance-reimbursement purposes.
Mr. Apprich explained the financial report on Camp Denison. All commissioners have a copy of the reports. All Camp Denison activities are fully funded. They are working on putting together a long-range capital plan. They are also trying to declare themselves as a Historically Significant site.
Mr. Harry LaCortiglia from the CPC stated that from a CPC perspective, you do not need to have historical significance to obtain CPC funding. The site just has to be historically significant to the town.
Mr. Shreder mentioned that, regarding the alcohol issue, he thought that the state department where Georgetown got its grant to buy Camp Denison was the EoEEA, not the DCR. He also asked if they had plans for a new roof for the lodge and that will be very expensive.
7 West Street (GCC-2010-03) - New NOI
Joseph Halter, applicant
Mr. Shreder asked for the green cards. Mr. Halter gave him the abutters list. Mr. Przyjemski stated that Mr. Nelson notified him trees were being cut in the no-cut zone. The applicant hadn’t filed a NOI since they were in the buffer. After being asked by Mr. Shreder what he wanted to do with the NOI, Mr. Halter answered that he wanted to clean up pine trees that have fallen and also wanted to take down other trees that are close to the house.
Mr. Shreder asked about the quality of these trees. Mr. Halter said they are 8 to 20 inch trees. Mr. Przyjemski mentioned that the applicant also wanted to add fill. He stated that the distance to the stream is probably 20 feet to the wetlands, from the rock wall to the tree. He said that as you cut more trees, other trees will then fall because it is a soft land in a tight area in the neighborhood. Mr. Przyjemski also stated that the stream did not show up on the USGS maps. Mr. Shreder stated that he didn’t mind taking down diseased trees, but he was concerned about the good trees and the adding of fill. Mr. Przyjemski stated that we do allow taking down trees outside of the 50.
Mr. Halter mentioned that he would like to put a deck and swing set in the backyard. The swings are now in the front yard. Mr. Przyjemski mentioned that they are probably into the buffer by 15 feet. The 50 foot line is closer to the tree line. Mr. Birmingham stated that all of the houses in the neighborhood have the same problem and that we should set a precedent.
MOTION to do a site walk on 7 West Street at 9:00 am on Saturday, April 17, 2010. Nelson/Bell; All/Unam.
34 West Street, Neighbor, Joseph Garroso: I don’t’ mind what he will be doing.
MOTION to continue 7 West Street (GCC-2010-03) to April 22, 2010 at 7:29 pm. Bell/Birmingham; All/Unam
Bailey Lane Culvert (GCC-2009-13) continued public hearing
Pete Durkee, Georgetown Highway Dept, Applicant
Mr. Przyjemski stated that we have comments back from the Army Corps, DEP, and National Heritage. National Heritage nixed the critter path. The documentation for this project is finished.
MOTION to approve the Bailey Lane Culvert project, GCC-2009-13. /Bell/Birmingham; All/Unam.
MOTION to close the hearing for Bailey Lane Culvert proiect, GCC-2009-13. Bell/Birmingham; All/Unam
Mr. Nelson asked when the project will be finished and Mr. Przyjemski replied July 1 to October 31. National Heritage will determine the time range.
Discussion with Gerry Smith (ACT- Aquatic Control Technology) about the Pentucket Pond drawdown
Gerry Smith, aquatic biologist; Erica Haug, biologist
Mr. Smith stated that there is fanwort, an invasive species, in the pond. In 2004 we started to find fanwort throughout the pond. We had found it in a few areas in past years. In 2005, the Con Com treated 9 acres of the pond along the boat launch area and that worked well. National Heritage was okay with this. Mr. Smith stated that these treatments are not a permanent cure. We have continued to monitor the pond. We plan to drawdown and freeze the plants rather than treat it with herbicides. The next phase is to do the drawdown.
Mr. Nelson asked if they have been involved in other area draw downs. Mr. Smith said “yes” and that draw downs were one of the most effective techniques. Fanwort is very susceptible to drawdown. He mentioned the Brookfields, EPA, 314 project. They haven’t had to do other treatments there. They drew-down 8 feet. We can only do a 1 foot drawdown in Pentucket Pond per National Heritage. Ms.Erica Haug presented what she observed during the site visit by canoe on the pond. Mr. Smith mentioned the max drawdown allowed in front of the dam is 3 feet per National Heritage. They said you can phase the drawdown: 1 foot, 2 foot, 3 feet to 8 feet. You need 6-8 weeks of sustained freezing and drying. The pond service area to refill is 55:1, so it should refill quickly.
Mr. Shreder asked that they will be doing this before ice forms on the pond. When the pond is iced over, it is too late. Mr. Smith said that we should start the drawdown over the October 12th weekend, as early as possible. We are trying to make that start date with National Heritage. Mr. Przyjemski said that we will work that out when we file with the DEP and National Heritage. Mr. Nelson stated, after the drawdown, we wouldn’t want to do Sonar the next summer without assessing the results.
Mr. LaCortiglia asked, assuming that the permitting were filed next month, when can we start this? Sometime in October, once permitted? Then the eight week drawdown, into December, then refill? Mr. Smith stated that the pond needs to be refilled by April 1, when pickerel start spawning. Mr. LaCortiglia asked if the survey would occur in May, the report would be in June. Mr. Shreder: asked who was the applicant in the last NOI? Mr. Przyjemski answered: the Commission. Once National Heritage gets the final plan filing, we can refine the details.
Bill Dudley from the former Pentucket Pond Association asked if National Heritage will allow us to take the airboat up to the inlet channel (it is 1 to 4 feet deep). They might have reservations after what happened with the Mystic River. Mr. Shreder said let’s see what happens with the 1st phase, the 1 foot drawdown. Mr. Smith said that they are getting 3-4 years between treatments with sonar treatments. That is as good as it gets. We look for other invasives while we are out there.
Susan Kwapniewski, an abutter, asked if children can swim safely once the pond has been treated with herbicides. Mr. Przyjemski said that the Board of Health shuts the pond down during treatment time. Mr. Smith added that those treatments are heavily regulated by the DEP, FDA, EPA, etc. Mr. Nelson stated that we need a NOI for this. We also need DEP and National Heritage approval before we file the NOI.
3 Littles Hill Lane-new RDA
Applicants, Scott & Kristen Zavaski
Mr. Shreder asked if Mr. Przyjemski had been out there. Mr. Przyjemski answered that the trees are scruffy, 25 foot trees. This is a reasonable request. They will install a silt fence. They are not asking for waivers since they are outside the 75’.
MOTION to issue a negative determination for 3 Little Hill Lane (GCC-2010-04), not accepting the wetland line and adding a silt fence. Nelson/Birmingham; All/Unam
MOTION to close the hearing for 3 Littles Hill Lane hearing. Nelson/Bell; All/Unam
Discussions:
Sand & Gravel CoC Resolution Plan
Mark Mastroianni, Pulte Homes of NE, Developer and Builder of Parker River Development
Mark Rosati, Civil Engineer Consultant, representing Pulte Homes
Mark Mastroianni explained the plans and who owns the land. We have not gotten completion from the Planning Board and they are still holding onto our bond. They are concerned with the drainage and the blocks that have been left behind. We are in a stalemate between Pulte Homes and National Grid. We are now ready to complete the project: remove the blocks, improve the drainage and satisfy the town and National Grid.
Mr. Rosati stated that in the original filing, there was a wetland on the plan and that there was drainage from the development to the wetland and that was not true. Mr. Rosati stated he was not involved with the project at that time. Mr. Shreder stated that we have fined the previous owner as they were dumping gravel, sand and drainage silt. It became a high level mound over time.
Mr. Rosati said that when the condos got built, it cut off the access and the owners didn’t want to see that happen. The detention pond became an issue with all parties. These are the 2 scenarios we came up with. One involves replication. Some of the phragmites were taken down. Both ideas involve a pipe that will slow down the water before it reaches the pond area. The pipe is minimum pitch. It is not at the bottom of the wetland. It is like an overflow pipe. The Planning Board engineer had a concern with the water flow.
Mr. Nelson stated that in July 05, half of the phragmites were taken down, they were burnt and it worked. The storm water is a more important issue. Mr. Nelson showed photos from the site taken on March 17th and states that their present plan is not working well. The water is free flowing and there is not much of a detention system right now. All of the pieces look good on paper, but it doesn’t work well.
Mr. LaCortiglia, Planning Board, stated that what the PB approved was a 100 year system. It was installed correctly and performs well. We have copious plans and studies proving this. Mr. Shreder added that we need to meet our standards of replication. Mr. Nelson added that the idea is to make sure that the storm water doesn’t hit the river.
Mr. Rosati stated that the occupants of the condo want to see the water out of there. Mr. Bell asked if that overflow happens during the average storm. This last storm was out of the ordinary. Mr. Shreder wanted to know what direction does the Conservation Commission want to go with elevation, north or south? He asked if the Commission is going with the B methodology with some modifications. Mr. LaCortiglia asked if it would be possible to get a note from Mr. Przyjemski to the Planning Board stating this so that we may move forward. They are meeting on next Wednesday night.
Mr. Mastroianni asked that, before Pulte commences work, they want to know if this is the end of the project. It will probably take less than a week to finish the work. Mr. Shreder mentioned that the Highway Department would like to take the blocks. This process has taken 3.5 years. Mr. Przyjemski added that Peter Durkee wants to check out the blocks before he decides to take them.
Mr. Przyjemski stated that this is a modified OoC. You cannot vote on the CoC until the work is done. Mr. Mastroianni stated that If he submits this to the Commission, then a CoC would be provided once the work is completed as planned. I just want to know this. There are no other outstanding issues. Mr. Birmingham said that he wants to see a modified or an “as built” plan.
MOTION to modify the current OoC for Pulte Homes and Parker River Landing to reflect the Option B Plan of 3/10/10 with the changes as so mentioned. Nelson/Bell; All/Unam
Mr. Mastroianni again asked if the Con Com board could give him a vote stating that there are no more outstanding issues. Mr. Shreder stated that “I am not sure what kind of motion that would be.” Mr. Shreder stated that we do not see any other outstanding issues. “That is the best we can get as far as a vote,” he said.
Action items:
- Mr. Przyjemski to send a note to the Planning Board that the Con Com is ready to move forward with this resolution.
14 Stone Row Lane Conservation Restriction (CR) Discussion
Tim Ruh, 8 Stone Row Lane, applicant.
Mr. Ruh recommend that we take 6 right out of the CR. The utilities are already in place. There is no need for it. Mr. Shreder asked: Does anyone have any issues with prohibitive acts? No. Does anyone have any issues with allowed acts? No.
Mr. Ruh added that the Planning Board wanted him to get approval on the signs. The signs are 9X12 steel signs. Mr. LaCortiglia, Planning Board, added If the Conservation Commission wants to change the signs, I think that the Planning Board would take what the Con Com decides. Mr. Ruh said that he thinks these large signs will look odd in peoples’ back yards. Can we change this? Granite posts look great. They sit 2’ off the ground. Mr. Przyjemski added that we need something more permanent than the signs we have. Mr. Ruh added that we need to get the stakes now. He would like to hire a surveyor only once. Mr. Ruh asked Mr. LaCortiglia, Planning Board, if he would have a problem with a single sign. It would look better. Mr. Przyjemski said that the PB would stand behind what the Con Com
decides. He said these signs should be a step above Con Com land restrictions.
Mr. Shreder added that he thought that our usual bounds are fine for separation and asked if everyone was okay with granite type bounds. Mr. LaCortiglia added that at one point, the PB thought that at one time this would go to a Land Trust. At one time the Con Com was not interested in this.
Mr. Ruh stated that he told Mr. Trapani and Mr. Farrell that he would like this included in the town warrant and they haven’t gotten back to him.
Mr. Przyjemski added that he doesn’t have a fund where this money will go. No one wanted to say where this money should go. Mr. Ruh said that he will sign a legal document stating that he will donate a one-time fee to be used specifically by Con Com at a later date. Mr. Przyjemski stated that Plan B would be a donation accepting the money to the Conservation Fund to be used by Con Com for administrative work and monitoring to be used in the future for the CR property. Mr. LaCortiglia added that the town could start a CR fund that could receive donations. Mr. Przyjemski asked how can we use the fund to allow a Con Com employee to monitor the land annually? Mr. Ruh said that he will keep pushing for a revolving account then. This will go to Irene Del-Bono at the Department of Conservation &
Recreation next.
MOTION that we accept Tim Ruh’s Part 2 and modification for the exclusion of Section 2B6, noting the exclusion and accepting the bounds as 4 foot granite. Nelson/Bell; All/Unam
Harry LaCortiglia, CPC land parcel to be accepted by the town at town meeting
Conservation Commission to Vote on Map 11, Lot 24K, 9.4 acres of land off Bernay Way
MOTION that we accept the CPC land parcel, Map 11, Lot 24K, 9.4 acres of land to be accepted by the town as Open Space at the Town Meeting. Nelson/Bell; All/Unam
MOTION to pay the bills. Bell/Birmingham; All/Unam
CoCs with no developer
Mr. Birmingham stated that we should add a $5000 cash bond when there is a 3-lot or larger development. Mr. Shreder added that we should add that to the fees when we do the Regs.
MOTION to close the meeting at 10:45 pm. Bell/Birmingham; All/Unam
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