Georgetown Conservation Commission
Meeting Minutes, February 11, 2010
Basement Meeting Room, 7:00 pm
In attendance: Carl Shreder; Tom Howland; Paul Nelson; Mike Birmingham; Charles Waters; Steve Przyjemski, Conservation Agent; Carol Fitzpatrick, Minutes Recorder.
Vouchers:
MOTION to pay the bills. Howland/Birmingham; All/Unam
Signings:
Mr. Shreder stated that we need to get reappointments going.
Forest Road DND
Mr. Przyjemski stated that the applicant is not here.
Ryan Flynn, Eagle Scout Project, Brockelbank Museum, RDA
Ryan Flynn, Applicant: We want to build a walking trail, marked with wood chips, further back from the historical landmark and remove the garbage that is close to the river. The trail will be 200 ft long and 3 feet wide with 2nd growth trees there right now. Steve Przyjemski, the Con Com Agent stated that this was originally a wetland crossing. The project will take place in February/March and will take about 4 weekends. Mr. Shreder asked if there was anything hazardous or any sharp or scrap metals on the site. He also inquired how the trash will be removed. Mr. Przyjemski stated that it is an old dump with axles, ceramics and metals. Mr. Flynn said he will get a dumpster and a 4X4 utility trailer to haul the trash away. Mr. Shreder stated that Mr. Przyjemski would stay in touch and
that the Con Com needs a schedule as to when you will be on the site. Mr. Przyjemski stated that the wetlands are not delineated.
MOTION to issue a negative determination to Ryan Flynn and the Brockelbank Museum Eagle Project with no acknowledgement of the wetland lines. Nelson/Birmingham; All/Unam
MOTION to have Steve’s oversight on this project. Waters/Birmingham; All/Unam
MOTION to close the RDA hearingHowland/Birmingham. All/Unam
Action Items:
- Conservation Agent Steve Przyjemski to oversee the Brockelbank Museum Eagle Project.
17 Marlboro recertification of CoC signing
Pentucket Pond Treatment Program discussion
Mr. Shreder stated the need to discuss what we want to do about the number we want to fund for a minimal treatment for the pond treatment program. He said that the board voted not to exceed $100,000. Mr. Nelson and Mr. Przyjemski stated that $35,000-$40,000 is more reasonable. April is the deadline for the CPC on the warrant for the town meeting presentation.
MOTION to ask the CPC to allocate the amount not to exceed $40,000 for the Pentucket Pond Treatment Program. Nelson/Waters; All/Unam.
Mr. Shreder added that the state has been inspecting boats on the Quabbin this past year and stopping them from spreading invasives in the Reservoir. John Bell and I would like to start an education program on Rock Pond. We want to prevent the project from becoming like Pentucket Pond.
Bailey Lane Culvert (GCC-2009-13) Continued PH
Mr. Shreder opened the Bailey Lane Culvert hearing. Mr. Przyjemski stated that the Highway Department and its engineers are now talking about a 3-foot critter fence. Mr. Nelson mentioned that he thought that the state had adopted more culvert dictum. Mr. Nelson also asked about a proposed ‘critter path’ and Mr. Przyjemski indicated there was not room for this within the culvert. Mr. Przyjemski said that there will be 15-20 NOIs coming in for box culverts throughout the town in the near future.
MOTION to continue the Bailey Lane Culvert hearing to March 18, 2010 at 7:45 pm. Howland/Nelson; All/Unam.
Georgetown Wetland Protection Regulations Continued PH
Mr. Waters stated that we should have one meeting with a one hour hearing to cover this topic. Mr. Przyjemski added that we don’t need to change all of the regulations but that we do need to change or clarify the ILSF.
MOTION to continue the Georgetown Wetland Protection Regulation public hearing to April 22, 2010 at 7:15 pm. Howland/Birmingham; All/Unam.
Ext Permit OoC for One Year for 25 Bailey Lane signing
Mr. Przyjemski stated that the permit is for improving the driveway, grading and filling. He added that he is working with Mark Unger on the plantings and the mowing he has been doing. He stated that this will be resolved this spring.
6 Sage Road CoC signing
Mr. Przyjemski stated they the applicant acknowledged that they were mowing on the other side. He added that he is working on this.
George Cominsky and the MET Turtle Project
Mr. Przyjemski stated that he is recommending that we give $500 per year for 3 years. He added that the Conservation Commission can’t continue to give $3000/year. The MET needs the funding for GPS and other technology. He added that National Heritage is drying up for them so they are looking at other funding sources.
12 Pillsbury Lane (GCC-2009-14) Continued Public Hearing
Steve Higham, Applicant; John Paulson, Atlantic Engineering, Civil Engineer
Mr. Paulson stated that have revised the plan and have extended the silt area. The state has already commented. Mr. Paulson had Bill Manuel write a letter and noted that he did some testing and stated what he found and didn’t find. The green marking on the plan marks where the testing was done. Based on the soils testing, he determined that this area is not wetland. Mr. Nelson stated that this is showing no wetland connectivity. Mr. Shreder asked if the culvert is really an overflow. Mr. Paulson answered “yes” and that they are going to replace and raise the culvert and connect it to the green, rain garden, swale area with a weir. Mr. Nelson asked how often do you see the water flow. Mr. Higham answered that when it rains a lot it ponds but the water doesn’t stay very long. Mr.
Paulson stated that they are only changing the elevation of the culvert, nowhere else, so that the water will flow into it better. The grade will go up in the culvert area. Mr. Shreder stated that is an improvement. Mr. Birmingham added that we should not accept any wetland lines.
MOTION to approve the NOI for 12 Pillsbury Lane, GCC-2009-14, not accepting the wetland lines on the 12/15/09 plan. Birmingham/Howland; All/Unam
MOTION to close the hearing for 12 Pillsbury Lane, GCC-2009-14. Howland/Birmingham; All/Unam
New NOI for 4 Bartlett Drive, GCC-2010-01
Bob Grasso, Engineer, Professional Land Services
Mr. Shreder asked for the green cards. Mr. Grasso stated that the DEP and BOH have approved this project. It is a 2 bedroom home. The lot is 12,575 sq ft, 60 ft front, 95 depth. The building is surrounded by impervious pavement. Mr. Nelson asked how far down does the pavement go to the pond. Mr. Grasso answered: 20 feet. There are 2 concrete retaining walls surrounding the house. Mr. Grasso added that they are replacing the tank with a 1500 monolithic tank, Presby system, 400 square feet, L shaped. They are reducing the run off and replacing it with grass. During construction, they will be using a silt sock along the property line. It will be 4 feet from the home and they will put a liner in to protect from any fluid release. Mr. Shreder asked if the Presby systems require any special treatments,
pumping. Mr. Grasso answered that you need a deed restriction. It can only be a 2 bedroom house. A maintenance contract will be at the Registry of Deeds and filed with the Board of Health. It is a small site and this is the best way to do it. We have doubled the linear feet requirement for the system. Mr. Nelson asked if the present system is in failure. Mr. Grasso answered that it is backing up and they are pumping it out. Mr. Shreder stated that he would like to see us put the language in our own documents that there is a treatment plan in place. Mr. Nelson asked if this is a cabin expansion. Mr. Grasso answered that they are all expanded cabins and that Title 5 has said that all of the septic systems must be changed out.
MOTION to accept the NOI for 4 Bartlett Street, GCC-2010-01, based on the 12/30/09 plan and that the OoC contains identical wording with the Board of Health that the system is maintained properly and that we don’t accept the shoreline. Nelson/Waters; All/Unam.
MOTION to close the hearing for 4 Bartlett Street, GCC-2010-01. Nelson/Waters; 5-0.
6 Forest Street DND violation discussion
Ted Smolen, Owner
Mr. Przyjemski stated that there was 2006 activity beyond the no-cut zone. It was not the applicant ignoring us. There was mowing over the no-cut line. Mr. Smolen stated that there was a lot of construction going on and they completely filled around the house. They also constructed a drainage basin. The developer but down a line of hay bales and we presumed that these delineated the area. I planted bushes and 18 months later they surveyed the DND post. We had a slope and when it rained the hydroseed would wash the seed down the slope. Mr. Shreder stated the bounds were there to have a “do not disturb” area. We will not make you remove the grass. There is some non-native stuff there, a dwarf alberta spruce and a willow tree. Mr. Nelson indicated that there is also a wooden trellis beyond
the ‘no cut’ bounds. Mr. Przyjemski added that the big problem is that the line was supposed to be in perpetuity and Smolen went over it & that is the real problem. Mr. Przyjemski’s recommendation is, if you leave it alone, it will naturalize. Mr. Shreder added that “let’s say that we have an understanding and let it go back to its natural state.”
5 Chaplin Hill CoC Discussion
Alan Roscoe, Engineering Manager, Hancock Associates
Mr. Roscoe stated that he is here to seek a partial CoC for Lot 5 of Chaplin Hills Road. The Planning Board is seeking funds to get the roadway completed. The owners are in foreclosure proceedings. The title needs to be cleared. Mr. Shreder stated that there is one NOI for the whole development. The Conservation Commission typically doesn’t issue partial CoCs. Mr. Nelson added there are no state or bylaw rules against issuing a partial. Mr. Waters added we also need to look at their circumstances. Mr. Przyjemski stated that if you approve this, you will have many others looking for the same special treatment. He added that he does not think that this is unique. In this situation we are going after the bond. He continued, if we do it this way, the improper way, we have no compliance. Mr. Waters
wanted to know if they gave us a document stating that this is a short sale, a foreclosure from the lender. He added that he is ready to go with the subject’s property since it is not in our jurisdiction even though the rest of the subdivision is. Mr. Roscoe added that the sale was approved but there is a cloud on the title. Mr. Przyjemski asked if the Bank respond to his letter. Mr. Waters stated that it is important to connect that gap. Mr. Shreder added that the way you can justify this is that the property is not in our jurisdiction. Mr. Shreder stated he doesn’t want to use this as a test case with partial CoCs. Mr. Waters asked if they ever had a bank say no to that letter. He added that we do not need to settle this tonight. We can do this at the same time as the Georgetown Regulations discussion.
MOTION to have Mr. Przyjemski to prepare a letter to Alan Roscoe pertaining to the typical form letter. If by Tuesday, February 16, 2010, the lender has not replied or rejected the letter from Mr. Przyjemski. I want evidence, Mr. Roscoe, that you sent it to the Bank.
Two conditions:
- That the subject property is not within our jurisdiction, although the development is within the jurisdiction.
- Articulate and demonstrate issue of the partial release and that the applicant is in foreclosure and that this is a short sale that is due on February 18, 2010. Waters/ Howland; All/Unam.
Action Items:
- Mr. Przyjemski to prepare a letter to Mr. Alan Roscoe, pertaining to the typical form letter.
Discussion: George Comiskey regarding Conservation Commission and MET funding for the Blanding Turtle study (to be continued).
Mr. Shreder told Mr. Comiskey that he can also ask the CPC for money for funding projects such as this. Mr. Przyjemski added that he will look into applying for CPC funds for next year. Also, Mr. Comiskey added that Susan Speak has mentioned that there is ATV (all-terrain vehicle) use on the West Street fields and we need to look into this. Groveland has done something that has worked. Mr. Przyjemski said that he will look into it. Mr Shreder said that he will have a discussion with the police chief regarding this.
Action Items:
- Mr. Przyjemski will research getting CPC funding for next year for the Blandings Turtle study.
- Mr. Przyjemski will look into the ATV use at West Street fields.
- Mr. Shreder will have a discussion with the Georgetown Police Chief regarding the West Street fields ATV use.
Tom Howland left meeting at 9:30 pm.
Workshop in the Woods contract
MOTION to sign the contract with missing information to be provided with more program and curriculum information to follow. The Conservation Commission will donate $1000 once the information is received. Nelson/Waters; All/Unam.
Stone Row Conservation Restriction (CR) Account ($4000)
Mr. Przyjemski stated that you must go to the town meeting to have the money put it into a separate account with Town Meeting approval. He added that he will recommend that it goes into the Conservation Fund without a town meeting vote. If it goes into the Conservation Bylaw account, the money can be taken away by the Finance Committee. Mr. Przyjemski added that the Conservation Commission will probably draw $60.00 out of this fund per year. Mr. Waters added that we can create a CR when we do the Georgetown Regulations.
Board entered into Executive Session
MOTION to close the meeting at 10:04 pm. Birmingham/Nelson; All/Unam
Georgetown Conservation Commission
Meeting Minutes, February 11, 2010
Basement Meeting Room, 7:00 pm
In attendance: Carl Shreder; Tom Howland; Paul Nelson; Mike Birmingham; Charles Waters; Steve Przyjemski, Conservation Agent; Carol Fitzpatrick, Minutes Recorder.
Vouchers:
MOTION to pay the bills. Howland/Birmingham; All/Unam
Signings:
Mr. Shreder stated that we need to get reappointments going.
Forest Road DND
Mr. Przyjemski stated that the applicant is not here.
Ryan Flynn, Eagle Scout Project, Brockelbank Museum, RDA
Ryan Flynn, Applicant: We want to build a walking trail, marked with wood chips, further back from the historical landmark and remove the garbage that is close to the river. The trail will be 200 ft long and 3 feet wide with 2nd growth trees there right now. Steve Przyjemski, the Con Com Agent stated that this was originally a wetland crossing. The project will take place in February/March and will take about 4 weekends. Mr. Shreder asked if there was anything hazardous or any sharp or scrap metals on the site. He also inquired how the trash will be removed. Mr. Przyjemski stated that it is an old dump with axles, ceramics and metals. Mr. Flynn said he will get a dumpster and a 4X4 utility trailer to haul the trash away. Mr. Shreder stated that Mr. Przyjemski would stay in touch and
that the Con Com needs a schedule as to when you will be on the site. Mr. Przyjemski stated that the wetlands are not delineated.
MOTION to issue a negative determination to Ryan Flynn and the Brockelbank Museum Eagle Project with no acknowledgement of the wetland lines. Nelson/Birmingham; All/Unam
MOTION to have Steve’s oversight on this project. Waters/Birmingham; All/Unam
MOTION to close the RDA hearingHowland/Birmingham. All/Unam
Action Items:
- Conservation Agent Steve Przyjemski to oversee the Brockelbank Museum Eagle Project.
17 Marlboro recertification of CoC signing
Pentucket Pond Treatment Program discussion
Mr. Shreder stated the need to discuss what we want to do about the number we want to fund for a minimal treatment for the pond treatment program. He said that the board voted not to exceed $100,000. Mr. Nelson and Mr. Przyjemski stated that $35,000-$40,000 is more reasonable. April is the deadline for the CPC on the warrant for the town meeting presentation.
MOTION to ask the CPC to allocate the amount not to exceed $40,000 for the Pentucket Pond Treatment Program. Nelson/Waters; All/Unam.
Mr. Shreder added that the state has been inspecting boats on the Quabbin this past year and stopping them from spreading invasives in the Reservoir. John Bell and I would like to start an education program on Rock Pond. We want to prevent the project from becoming like Pentucket Pond.
Bailey Lane Culvert (GCC-2009-13) Continued PH
Mr. Shreder opened the Bailey Lane Culvert hearing. Mr. Przyjemski stated that the Highway Department and its engineers are now talking about a 3-foot critter fence. Mr. Nelson mentioned that he thought that the state had adopted more culvert dictum. Mr. Nelson also asked about a proposed ‘critter path’ and Mr. Przyjemski indicated there was not room for this within the culvert. Mr. Przyjemski said that there will be 15-20 NOIs coming in for box culverts throughout the town in the near future.
MOTION to continue the Bailey Lane Culvert hearing to March 18, 2010 at 7:45 pm. Howland/Nelson; All/Unam.
Georgetown Wetland Protection Regulations Continued PH
Mr. Waters stated that we should have one meeting with a one hour hearing to cover this topic. Mr. Przyjemski added that we don’t need to change all of the regulations but that we do need to change or clarify the ILSF.
MOTION to continue the Georgetown Wetland Protection Regulation public hearing to April 22, 2010 at 7:15 pm. Howland/Birmingham; All/Unam.
Ext Permit OoC for One Year for 25 Bailey Lane signing
Mr. Przyjemski stated that the permit is for improving the driveway, grading and filling. He added that he is working with Mark Unger on the plantings and the mowing he has been doing. He stated that this will be resolved this spring.
6 Sage Road CoC signing
Mr. Przyjemski stated they the applicant acknowledged that they were mowing on the other side. He added that he is working on this.
George Cominsky and the MET Turtle Project
Mr. Przyjemski stated that he is recommending that we give $500 per year for 3 years. He added that the Conservation Commission can’t continue to give $3000/year. The MET needs the funding for GPS and other technology. He added that National Heritage is drying up for them so they are looking at other funding sources.
12 Pillsbury Lane (GCC-2009-14) Continued Public Hearing
Steve Higham, Applicant; John Paulson, Atlantic Engineering, Civil Engineer
Mr. Paulson stated that have revised the plan and have extended the silt area. The state has already commented. Mr. Paulson had Bill Manuel write a letter and noted that he did some testing and stated what he found and didn’t find. The green marking on the plan marks where the testing was done. Based on the soils testing, he determined that this area is not wetland. Mr. Nelson stated that this is showing no wetland connectivity. Mr. Shreder asked if the culvert is really an overflow. Mr. Paulson answered “yes” and that they are going to replace and raise the culvert and connect it to the green, rain garden, swale area with a weir. Mr. Nelson asked how often do you see the water flow. Mr. Higham answered that when it rains a lot it ponds but the water doesn’t stay very long. Mr.
Paulson stated that they are only changing the elevation of the culvert, nowhere else, so that the water will flow into it better. The grade will go up in the culvert area. Mr. Shreder stated that is an improvement. Mr. Birmingham added that we should not accept any wetland lines.
MOTION to approve the NOI for 12 Pillsbury Lane, GCC-2009-14, not accepting the wetland lines on the 12/15/09 plan. Birmingham/Howland; All/Unam
MOTION to close the hearing for 12 Pillsbury Lane, GCC-2009-14. Howland/Birmingham; All/Unam
New NOI for 4 Bartlett Drive, GCC-2010-01
Bob Grasso, Engineer, Professional Land Services
Mr. Shreder asked for the green cards. Mr. Grasso stated that the DEP and BOH have approved this project. It is a 2 bedroom home. The lot is 12,575 sq ft, 60 ft front, 95 depth. The building is surrounded by impervious pavement. Mr. Nelson asked how far down does the pavement go to the pond. Mr. Grasso answered: 20 feet. There are 2 concrete retaining walls surrounding the house. Mr. Grasso added that they are replacing the tank with a 1500 monolithic tank, Presby system, 400 square feet, L shaped. They are reducing the run off and replacing it with grass. During construction, they will be using a silt sock along the property line. It will be 4 feet from the home and they will put a liner in to protect from any fluid release. Mr. Shreder asked if the Presby systems require any special treatments,
pumping. Mr. Grasso answered that you need a deed restriction. It can only be a 2 bedroom house. A maintenance contract will be at the Registry of Deeds and filed with the Board of Health. It is a small site and this is the best way to do it. We have doubled the linear feet requirement for the system. Mr. Nelson asked if the present system is in failure. Mr. Grasso answered that it is backing up and they are pumping it out. Mr. Shreder stated that he would like to see us put the language in our own documents that there is a treatment plan in place. Mr. Nelson asked if this is a cabin expansion. Mr. Grasso answered that they are all expanded cabins and that Title 5 has said that all of the septic systems must be changed out.
MOTION to accept the NOI for 4 Bartlett Street, GCC-2010-01, based on the 12/30/09 plan and that the OoC contains identical wording with the Board of Health that the system is maintained properly and that we don’t accept the shoreline. Nelson/Waters; All/Unam.
MOTION to close the hearing for 4 Bartlett Street, GCC-2010-01. Nelson/Waters; 5-0.
6 Forest Street DND violation discussion
Ted Smolen, Owner
Mr. Przyjemski stated that there was 2006 activity beyond the no-cut zone. It was not the applicant ignoring us. There was mowing over the no-cut line. Mr. Smolen stated that there was a lot of construction going on and they completely filled around the house. They also constructed a drainage basin. The developer but down a line of hay bales and we presumed that these delineated the area. I planted bushes and 18 months later they surveyed the DND post. We had a slope and when it rained the hydroseed would wash the seed down the slope. Mr. Shreder stated the bounds were there to have a “do not disturb” area. We will not make you remove the grass. There is some non-native stuff there, a dwarf alberta spruce and a willow tree. Mr. Nelson indicated that there is also a wooden trellis beyond
the ‘no cut’ bounds. Mr. Przyjemski added that the big problem is that the line was supposed to be in perpetuity and Smolen went over it & that is the real problem. Mr. Przyjemski’s recommendation is, if you leave it alone, it will naturalize. Mr. Shreder added that “let’s say that we have an understanding and let it go back to its natural state.”
5 Chaplin Hill CoC Discussion
Alan Roscoe, Engineering Manager, Hancock Associates
Mr. Roscoe stated that he is here to seek a partial CoC for Lot 5 of Chaplin Hills Road. The Planning Board is seeking funds to get the roadway completed. The owners are in foreclosure proceedings. The title needs to be cleared. Mr. Shreder stated that there is one NOI for the whole development. The Conservation Commission typically doesn’t issue partial CoCs. Mr. Nelson added there are no state or bylaw rules against issuing a partial. Mr. Waters added we also need to look at their circumstances. Mr. Przyjemski stated that if you approve this, you will have many others looking for the same special treatment. He added that he does not think that this is unique. In this situation we are going after the bond. He continued, if we do it this way, the improper way, we have no compliance. Mr. Waters
wanted to know if they gave us a document stating that this is a short sale, a foreclosure from the lender. He added that he is ready to go with the subject’s property since it is not in our jurisdiction even though the rest of the subdivision is. Mr. Roscoe added that the sale was approved but there is a cloud on the title. Mr. Przyjemski asked if the Bank respond to his letter. Mr. Waters stated that it is important to connect that gap. Mr. Shreder added that the way you can justify this is that the property is not in our jurisdiction. Mr. Shreder stated he doesn’t want to use this as a test case with partial CoCs. Mr. Waters asked if they ever had a bank say no to that letter. He added that we do not need to settle this tonight. We can do this at the same time as the Georgetown Regulations discussion.
MOTION to have Mr. Przyjemski to prepare a letter to Alan Roscoe pertaining to the typical form letter. If by Tuesday, February 16, 2010, the lender has not replied or rejected the letter from Mr. Przyjemski. I want evidence, Mr. Roscoe, that you sent it to the Bank.
Two conditions:
- That the subject property is not within our jurisdiction, although the development is within the jurisdiction.
- Articulate and demonstrate issue of the partial release and that the applicant is in foreclosure and that this is a short sale that is due on February 18, 2010. Waters/ Howland; All/Unam.
Action Items:
- Mr. Przyjemski to prepare a letter to Mr. Alan Roscoe, pertaining to the typical form letter.
Discussion: George Comiskey regarding Conservation Commission and MET funding for the Blanding Turtle study (to be continued).
Mr. Shreder told Mr. Comiskey that he can also ask the CPC for money for funding projects such as this. Mr. Przyjemski added that he will look into applying for CPC funds for next year. Also, Mr. Comiskey added that Susan Speak has mentioned that there is ATV (all-terrain vehicle) use on the West Street fields and we need to look into this. Groveland has done something that has worked. Mr. Przyjemski said that he will look into it. Mr Shreder said that he will have a discussion with the police chief regarding this.
Action Items:
- Mr. Przyjemski will research getting CPC funding for next year for the Blandings Turtle study.
- Mr. Przyjemski will look into the ATV use at West Street fields.
- Mr. Shreder will have a discussion with the Georgetown Police Chief regarding the West Street fields ATV use.
Tom Howland left meeting at 9:30 pm.
Workshop in the Woods contract
MOTION to sign the contract with missing information to be provided with more program and curriculum information to follow. The Conservation Commission will donate $1000 once the information is received. Nelson/Waters; All/Unam.
Stone Row Conservation Restriction (CR) Account ($4000)
Mr. Przyjemski stated that you must go to the town meeting to have the money put it into a separate account with Town Meeting approval. He added that he will recommend that it goes into the Conservation Fund without a town meeting vote. If it goes into the Conservation Bylaw account, the money can be taken away by the Finance Committee. Mr. Przyjemski added that the Conservation Commission will probably draw $60.00 out of this fund per year. Mr. Waters added that we can create a CR when we do the Georgetown Regulations.
Board entered into Executive Session
MOTION to close the meeting at 10:04 pm. Birmingham/Nelson; All/Unam
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