September 12, 2007
Present: M. Dempsey, T. Grim, J. Stewart, T. Schaefer, S. Sexton
Meeting opened 7:20 pm.
ConCom Business: Open Space Plan
Present: Bob Gupthill, Open Space and Trails Committee
M. Dempsey passed out info on Open Space plans. Bob Gupthill said this is the revision to the old Open Space recreation plan from 1996. We need to have a state approved plan, in order to be eligible for self help grants. The benefits are that it provides direction for all to work together. The last section of the plan describes the 5 year action plan. ConCom is a major player in 5 year action plan. He’s in the comment stage now. Merrimack Valley Planning Commission has updated all the GIS maps to state-of-the-art, digital maps. The piece that is not updated is the assessors’ maps. They were digitally read-in awhile ago, but it takes additional funding to keep them up to date. As subdivisions are built, the maps aren’t being updated. They are important
for land management and how land is being used. The Board of Assessors is still using hand drawn maps. Groveland one of a very few towns that does not having digitized maps.
Here to present the plan and receive comments for it. Will make formal presentation to other Boards and the Selectmen as well. M. Dempsey will email members a pdf file of it. Will take vote to endorse at next meeting, October 10, 2007. Hearing closed 7:31 pm.
Commissioner Susan Sexton arrived 7:28 pm.
ConCom Business: Veasey Park Proposed Tree Removal Plan
M. Dempsey said one year ago, we accepted from the Veasey Management Committee, a policy to work with them about trees and maintenance of trees in the park. They would come back to ConCom with plans for the trees. This would prevent random cutting. About one month ago, part of a tree fell in the parking lot on top of three cars, estimated $3,000+ in damage. The remainder of that tree will be taken down. Marty Camp suggested having trees with potential risk for diseased trees to be cut down and put together a plan for those trees. He’s obtaining an independent opinion from an arborist as well. Discussion tabled until next meeting October 10, 2007.
ConCom Business: Open Space Purchase
ConCom is ready to execute the purchase of 28A Uptack Road, 8 acre addition to the Meadow Pond Reservation property. A price of $75,000 has been negotiated, which matches what town voted for at Town Meeting with CPA funds. The property is right in the middle of the existing Meadowpond Reservation, and was on the priority list on the Open Space Plan. The scheduled closing is September 28th. Commissioners need to consider putting that property and 10 acres that are owned at the bottom of the street into conservation restriction. They are not covered by a conservation restriction. The remaining 58 acres are under a conservation restriction.
Hearings:
Johnson Pond – NOI/GNOI – canoe access/parking/path
Present: Doug Cameron, Department of Fish and Game, Boating Access
Hearing opened 7:41 pm. This is a joint project with the ConCom and the state regarding putting in an area for boat launching at the bottom of Veasey Park and Johnson’s Pond. DEP #030-0382. D. Cameron submitted green cards. His agency is in charge of providing fishing and boating access to the Commonwealth state-wide. The application is to create a canoe access with a gravel parking area off road for 6 car spaces. The project will require cutting into the hill section slightly, with an excavation of 200’ cubic yard of material to fit the parking area in there. Plan shows an “S” shaped pathway to pond edge. It’s a reasonable location for people to cross and access. Currently grass lawn area maintained by mowing. He proposed to maintain that
activity. If over time, due to use, there’s erosion from foot traffic, they can put in crushed stone. Also planned is the installation of 3 sign posts; regulatory signs allowing enforcement officials to go in their and enforce their rules and regulations, ie, no overnight parking, no littering, no fires. During filing process he submit a copy of the NOI to Division of Fisheries and Wildlife Natural Heritage Endangered Species Program. The indicated that the Wood Turtle occupies the general area and were concerned with protection with that. Offered two options: 1) Prohibit work during their active season, allowing construction from November 1st through March 31st, or 2) do a visual turtle sweep. Walking the site and seeing if there are any signs of turtles or their activities prior to starting to work. D. Cameron is in favor of the latter option because it’s difficult to excavate and place
granular materials when the ground is frozen. He asked the Board if they approve this, to make include that as part of the Order Of Conditions.
He also explained as landowner, ConCom entered into a Land Management Agreement for this facility. The canoe access and parking are to be open to general public on equal terms. Minor maintenance of the area would be the Commission’s responsibility, ie, cutting the grass. In return, they pay for 100% of the construction cost, filing process, hire contractor, provide construction inspector. There’s no cost for construction to ConCom or town now or in the future.
T. Grim asked what kind of boats allowed on Johnson Pond? M. Dempsey said non-motorized. D. Cameron said horsepower restrictions need to be done by environmental police. Bob Guphill agreed it’s non motorized, and that it’s still considered a back-up water supply. Not codified by Groveland. Haverhill controls water rights to it. D. Cameron can post on a sign if legal restriction. M. Dempsey will contact the Town Administrator to find out of they have that.
D. Cameron plans to do the project in the spring. He has funding available. When he receives the Order of Condition, he will prepare the final construction plans and specifications and put it out to bid. M. Dempsey asked the distance from pond to the excavation area? D. Camerson said approximately 60’-75’ from edge of gravel road. Erosion controls would be a row of haybales, and additional ones across road if need be. T. Schaefer asked how long the project would be. D. Cameron said the contractor that does it, would make it fill-in work. Work would be done approximately April 1st through May 15th. T. Schaefer asked about maintaining haybales across the road? M. Dempsey said he will speak to the abutter at bottom of the hill.
M. Dempsey made a motion that ConCom close the hearing and grant a permit to the State Fish and Boating Access Board to build a parking lot and path for small boat access at the end of Veasey Park, to meet the presented plan. T. Grim 2nd. M. Dempsey made an amendment to include, as a condition, the option to use the recommended turtle sweep by the NEHSP. T. Grim 2nd the amendment. Vote on the addition to the amendment: All in favor. Unanimous. Vote to accept or deny motion: All in favor. Unanimous. Hearing closed 7:59 pm.
196 King Street (new)/GNOI (extension to OOC)
Present: Nick DeCoulous; Rob Ahern, abutter Bob Bosley, abutter Steve Beal
Lot 4A (aka 196, not 194 King St. as written on local application form). When R. Ahern refilled, he did not advertised and the hearing was postponed. T. Schaefer and M. Dempsey did a site visit on August 4th, and found no work being done. The haybales in place. The same issues that ConCom had with property, ie, too close to wetlands originally, are the same issues today. Natural Heritage considered this a “take” of turtle habitat. That’s unusual because ConCom hasn’t seen that comment since Meadowpond. The whole lot is right in the middle of a turtle habitat. They require the owner to go through MEPA filing, and come back with a detailed plan on how they plan to protect and not disturb the turtle habitat. ConCom received a copy of a letter dated August 16, 2007, from the engineer for the applicant, sent to Dept of Fisheries and Wildlife Natural Heritage about their plan. M. Dempsey read the letter for attendees to hear.
Commissioners discussed proposed plan. The house proposed is 20’ away from the wetland boundary. At the advice of attorneys, ConCom permitted the best we could using a stone wall as permanent barrier. The propose to make the gaps in there and remove hay bales immediately after construction rather than let stay permanently. T. Schaefer asked how the stone wall will hold the slope if there’s gaps in it? He said from the site walk, it’s a 10’ drop and can’t imagine a wall with gaps holding anything back.
M. Dempsey asked that the applicant bring the wetland scientist engineer, who wrote the proposed plan, come and speak to ConCom to answer why the plan is being addressed that way. ConCom needs to hear what Natural Heritage Endangered Species has to say about that too. T. Schaefer wants to see more detail and know how it’s going to hold back the slope. Maybe something other than a stone wall?
Bob Bosley, 195 King Street, said he has concerns. He said the well is his. His home is on the opposite side. The initial plan showed a traditional septic and leaching field, which was too close to his well and didn’t comply with Title V. They reconfigured to allow a smaller footprint, and allowed to get closer to groundwater. He has reservations about the proposed septic system shown. It’s got to be re-inspected every single year to make sure it’s working and compliant. His other concern is, under Title V, when you put a septic design in, you’re supposed to have a reserve area. This lot is so tight. He said he’s a soil evaluator and knows the topography over there. The soil area is very limited. If that septic
fails, where would they put the new system? His well is right across the street? T. Grim said his concerns are valid, but not under the scope of ConCom’s jurisdiction? Perhaps Board Of Health? M. Dempsey said we can’t address those, but we can take those as comments on why permit should or shouldn’t be issued. ConCom can’t add in the permit. B. Bosely said his other concern is that the groundwater is extremely high. Any time there’s a rainstorm, his basement as well as many of the neighbor’s basements flood out. Where will the septic system be going? The groundwater is right in the back. The wetlands feed the well. There’s no absorption space for it, except to go right back to the wetlands.
Steve Beal, 194 King Street says his basement floods every spring. The water comes right up his back yard.
M. Dempsey told them ConCom denied permit before. DEP overturned ConCom and said it could be issued. S. Beal said it’s all ledge there. Where is the water going to? He has and inch of water a couple of times a year. When this project is done, will he have 2 feet of water? B. Bosley said it’s a non-conforming lot. S. Benanti said DEP decided in reality it means if he can’t put a house there, you’ve made his lot worthless. J. Stewart said if ConCom deems it worthless and he can’t build, the Town will be forced to buy it.
M. Dempsey said ConCom has a few choices. ConCom could deny it again based on what we believe are the right standards which is 25’ no build zone. We don’t know why DEP said he could build a house there. B. Bosley said, isn’t that the right thing to do? M. Dempsey said the Commission needs support of abutters. For instance, if ConCom denies it, and don’t issue either DEP or local permit, and the DEP overturns ConCom’s decision and issues their own permit, which is what they did the last time. Then the remaining is under our local permit. The Town has to defend that in court if it’s challenged. The Town told ConCom to settle. He suggested that the abutters should approach the Selectmen with ConCom to show their support if it came to that. Steve Beal and B. Bosley both offered their support.
Planning Board and Building Inspector don’t agree if the lot is conforming or non-conforming. S. Benanti asked the applicant to have the engineering here and explain to abutters why they would not be affected by this. Nick Decoulous said it’s the same identical plan that was approved 6-8 months ago and approved by DEP. He agrees to bring his engineer in here. Will repeat what was said 6 months ago. M. Dempsey said the difference is that he wasn’t required to file with Natural Heritage and Endangered Species. N. DeCoulous said he will be in touch with them and wants to work with the Board. He would like to have his engineer meet with neighbors before next meeting and will get the abutter the plans. Meeting continued to October 10, 2007. Hearing closed 8:34 pm.
ConCom Business – Permit Extension Request for Town Forrest Crossing
M. Dempsey made a motion to go into executive session to discuss the Town Forrest Crossing permit extension. T. Grim 2nd. All in favor. Unanimous.
M. Dempsey made a motion to end executive session at 8:49 pm. T. Grim 2nd. All in favor. Unanimous. M. Dempsey made a motion that ConCom deny the permit extension request to Town Forrest Crossing and issue a letter to that effect. T. Grim 2nd. All in favor. Unanimous. Hearing closed 8:50 pm.
ConCom Business – Shanahan Field
ConCom received a report from Claudia about the tree cutting at Shanahan Field.
ConCom Business – 166 Main Street
S. Benanti said John McComiskie spoke with Claudia McKee about keeping the stone barrier in place to stop anyone from going towards the wetlands. The stone barrier is 75’ from wetlands, which S. Benanti measured for accuracy. It’s 25’ from the stream to the DEP sign and another 50’ from the DEP sign to beginning of stones that are above the ground. Site visit report added to file.
ConCom Business – 2 Marion Ave. Lot Release
Discussion regarding signing the occupancy permit for this address. M. Dempsey recommends Claudia McKee come to our next meeting on October 10, 2007.
T. Grim made a motion to adjourn the meeting at 9:11 pm. M. Dempsey 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
Administrative Agent
| 
