June 1, 2005
7:17 pm meeting opened
Present: M. Dempsey, T. Schaefer, S. Benanti, T. Grim, J. Stewart
Interviews for Events Manager
Present: Claire Walsh, Pam Blacquiere
Applicants: Judith A. Hajjar; Megan Whithead
Interviews took place with both Judith Hajjar and Megan Whithead.
T. Grim made a motion to hire Megan Whithead. J. Stewart 2nd. All in favor. Unanimous.
NOI Continuance, Lot 1 ABC
Present: Thomas E. Neve, Walker Development
Hearing opened 8:16 pm
Tom Neve, Walker Dev. Corp., Lot 1A, 1B, and 1C Stonebridge Road. He brought a revised plan. Dated originally December 16, 2004, and the revised plan is dated May 17, 2005. Project originally was 3 homes, 1A, 1B, and 1C. He is proposing as a final project to construct 1A and 1B, and to donate 1C to people of our choice to remain as open space in perpetuity. He’s made several attempts to contact the open space committee (by letter) and is still waiting to hear back from them. They had told him at one time they wanted to accept it, and to add a non-motorized recreational easement on Lot 1B to gain access to the town’s open space which is inaccessible which is at back end of Kings Way subdivision. He put it on plan and had it signed by the Planning
Board. He sent Mr. Uphill a letter on March 23rd asking him to write a letter in support to ConCom, but he hasn’t received anything from him yet. He’s made numerous calls that have not been returned.
In total 68% of Lot 1B and 75% of Lot 1A will remain undisturbed. The Town will receive 1.16 acres. The other thing Greg Hochmuth had recommended to prevent lateral movement beyond the limit that they are proposing, is the construction of a stone wall. They have already started stockpiling boulders, ledge, and large rocks on the lot, to build a stone wall around the entire perimeter as permanent barrier. He submitted a copy of the deed that they use when they convey the lots which shows the limit of clearing on a plot plan, that they buyers have to sign-off on. He suggests that ConCom put in the OOC that “there shall be no further alteration in the lot”. He said the Planning board voted unanimously that this project be approved. He submitted a copy of
“Proposed Special Condition Lot 1C Center Place, Groveland”. He said he has a lot of familiarity in donating land, ie Greenbelt. He said he has a lot of experience with convincing people to take the land, and would be willing to go to the Selectmen’s meeting. If town won’t accept it, T. Neve will make suggestions to ConCom for a group. He said he will do the work for us.
M. Dempsey said ConCom could continue A and B until Lot C gets conveyed to the town or 3rd party; or put in a condition in on A and B, that until Lot C is conveyed, no work shall be done on A and B. T. Neve said he not willing to wait, but could give ConCom a deed for Lot 1C tomorrow. M. Dempsey explained to T. Neve that the Selectmen have told us that they no longer want land given to the ConCom because they don‘t like the fact that we protect land if a cemetery, etc., or something needs to be put there. T. Neve said he has a solution that he’s currently doing with the ConCom in Boxford. He has 13 acres he wants put in permanent open space. He can’t deed them the land, so they are accepting a conservation restriction on the property which their lawyer is
preparing the document now. The Secretary of Environmental Affairs has to sign. It will preserve that land forever in perpetuity. The only thing that ConCom has to accept is the stewardship of it. It could stay in Walker Development‘s name it doesn‘t matter, or it could be deeded along with Lot 1B. You have a conservation restriction, created by the Department of Environmental Affairs and signed by DEP. It starts out by being accepted by ConCom , then Board of Selectmen, then gets submitted to Secretary of Environmental Affairs, sent back, and then recorded at Registry of Deeds. M. Dempsey said a 3rd party could take a conservation restriction or ownership of land. He said he is currently trying to form a local land trust. Neve suggested finding out from counsel to work together to get this done. It may be a matter of Walker Dev. Corp. deeding the property to ConCom or it’s nominee, physically
giving ConCom a deed to hold in escrow and convey it after the fact. He said if our lawyer wants to put a notice on record that a deed’s been conveyed, let him. You can then deed it out, transfer it to an entity for $1 and have posession of it.
M. Dempsey said he had a concern about setting precedent on this lot if ConCom is going to approached by T. Neve on any other lots in this development, or how we then answer any other developers who come in here and want to subdivide after the fact. T. Neve said we won‘t be approached by anyone else in this development because there is no land other than this lot to be further subdivided. There’s no extra frontage, there’s no extra size lots. He said he’s a believer in precedence because waivers should be granted for the right reasons. Every job should be looked at individually and issue a decision based on the merits of a case independently.
M. Dempsey made a motion that ConCom approve the NOI for Lot 1A with all conditions that have been mentioned in the minutes and the further condition that 1C is conveyed to the town or a 3rd party of ConCom’s choosing. S. Benanti 2nd. T. Neve said he wouldn‘t accept a condition that would encumber the construction of this lot based on an act that he can‘t control. M. Dempsey said ConCom would try to make it not an act that he couldn’t control. M. Dempsey clarified his “conveyance” not “acceptance” by somebody else. He’s legally released it from his control. M. Dempsey made an amendment to the motion that ConCom add the “Proposed Special Condition Lot 1C Center Place, Groveland” as submitted by
Mr. Neve. S. Benanti 2nd. 4 yes. 1 abstention. Motion passes.
M. Dempsey made a motion accept the NOI for lot 1B with the conditions in minutes plus the additional “Proposed Special Condition Lot 1C Center Place, Groveland“ as submitted by T. Neve. S. Benanti 2nd. 4 yes. 1 abstain. Motion passes.
T. Neve made a request that the ConCom accept a withdrawal of his NOI on Lot 1C based on ConCom’s actions this evening for Lots 1A and 1B. M. Dempsey made a motion that ConCom remove consideration for the NOI for Lot 1C. J. Stewart 2nd. All in favor. Unanimous. Hearing closed 8:53 pm.
Remand King Street, Lot 4
Present: Rob Ahearn, N. Decoulous
Hearing opened 8:54 pm. Reopening continuance remand under the local bylaw. Rob Ahearn sent ConCom a new plan. He pointed out they are still observing setback and at ConCom’s request, put in a boulder wall in along wetland line. He also said they retested the land with Mr. Tevald, and that is a revised septic layout. He said it passed the Board of Health standards. M. Dempsey pointed out that there was no stamp on plan. Mr. Decoulous will send him down to stamp tomorrow. M. Dempsey said the plan meets with what ConCom asked him to do. He said the distance between house and wetlands can’t be changed, but he pu in the boulder wall, and ConCom’s conditions will say placing silt and hay bales, erosion barriers during construction be detailed so that while
construction is going on, they will be able to protect the wetlands. T. Schaefer had concerns that the property line is susceptible that things could get dumped over edge. Granite monuments will need to be put every 50 feet along stone wall. T. Grim marked where the three monuments should go on the map. 4 x 4 granite markers. M. Dempsey made a motion that ConCom issue a set of OOC under our local bylaw based on all our testimonies gathered over the last hearings for Lot 4 King St. T. Schaefer. 2nd. 3 yes. 1 abstain. Motion passed 3-1. Hearing closed 9:13 pm
22 Cannon Hill Ave., Roof
Present: Corinne A. Bly, Barry J. Bly, Dennis J. Bly, 22 Cannon Hill Ave.
Hearing opened 9:14 pm. M. Dempsey said they bought house on Cannon Hill Ave. The whole lot is totally within the 100’ buffer. Their house is appx. 30’ away at the closest point. They are going up a 2nd story and putting a new roof. Because of local bylaw, they are filing because they are within the 100‘ buffer. M. Dempsey had them file an RDA since it’s pretty straightforward. There’s no excavation. All the building will be done within footprint of the existing home. They already have hay bales and silt fence put up so they are ready to go. They came on a building permit sign off and have been very cooperative with us. M. Dempsey said we should issue a bylaw permit with conditions that state the hay bales and
silt fence, keeping all debris, no stockpiling on site and some of ConCom’s regular standard conditions. M. Dempsey made a motion that ConCom find for a positive determination of applicability and issue an OOC to allow the applicant to add a 2nd story to an existing single family home. T. Grim 2nd. All in favor. Unanimous. M. Dempsey will put together an OOC and send them to him. Signed off on building permit. Hearing closed 9: 20 pm.
ConCom Business
Told commissioners to use a new Monday night form to keep track of what‘s been done.
ConCom Business
The Veasey Park Management Committee has agreed to let us use a room previously occupied by the Council on Aging.
ConCom Business - Whitestone II
M. Dempsey has been calling Steve Gillis, but he will not return the calls. M. Dempsey’s left him a message that we were in works with 3rd party land conservation outfit and willing to sign off that it goes to them. He not heard back from him. John Longo owed ConCom money - it was never paid. The Town Treasurer said the money is spent and where is it. This was during NOI filing, our consultant’s cost. The final bill of $2,430 was never paid. John Longo was the previous owner of the property.
M. Dempsey made a motion 9:27 pm close meeting. S. Benanti 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
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