November 14, 2007
Meeting opened 7:19 pm.
Attendance: M. Dempsey, J. Stewart, S. Benanti, T. Schaefer, S. Sexton
ConCom Business - Veasey Memorial Park Tree Removal/Trimming Plan – Hearing opened 7:22 pm. M. Dempsey distributed a tree trimming and removal plan to Commissioners. The plan is now complete. Veasey Management Committee (VMC) said the trees identified on the map are either diseased or potentially dangerous if they fall. VMC obtained professional opinions on the trees’ health and whether or not they should be taken down. All are located near the cottage and/or garage. T. Schaefer asked if the tree service is insured and bonded. M. Dempsey said this tree service is under Town’s Tree Warden and is the same company the Town uses. The cost of $1,200 will come out of the Veasey Management Fund. M. Dempsey made a motion that ConCom
approve the Veasey Memorial Park Tree Removal Trimming Plan as presented. T. Schaefer 2nd. All in favor. Unanimous. Closed 7:27 pm.
ConCom Business – Minutes
M. Dempsey made a motion to approve the minutes from October 10, 2007 as submitted. T. Schaefer 2nd. 3 yes. 1 abstain. Passed 3-1.
ConCom Business – National Grid – Informal Meeting
Present: Paul Richards, National Grid; Jeff Bridge, Wetland Delineation, Mason & Assoc; Andrew Snell, Project Manager
Hearing opened 7:28 pm. P. Richards plans to have a project before ConCom in 2008. His questions are regarding the constructability and unique features in the Groveland Bylaw. He presented large maps and identified the corridor between the King St. substation to Amesbury. There are currently three structures in the right-of-way; a high-voltage transmission line, and two smaller transmission lines. The plan would be to take the middle 23kV low voltage and convert it to a 115 thousand volts on the route to Amesbury. It is located in the middle of right-of-way, however, the work on the right-of-way will be minimal. Work going through 4 communities: Groveland, Amesbury, Merrimac, and W. Newbury.
Susan Sexton arrived 7:31 pm.
They’ll be submitting numerous filings through: the four communities, Category II Corp. of Engineers permit, MEPA, NEMF, DEP Water Quality Certificate, Mass NHESP, Mass Historic Commission, EPA, and the four Conservation Commissions.
· Buffer Zones: King Street to West Newbury is 80% in the buffer zone, riverfront, or wetlands.
· Permit Length: The Bylaw talks of permits for 2 years. By the time they file, they will be approaching ConCom again to request an extension. Groveland ConCom has a Seasonal Restriction of November 1st – April 15th, but for them, it’s a good time for them to do the work. NHESP wants them to work in the winter in those areas.
· No cut policy: Grant limit-of-project status in these linear types of projects staying inside the right-of-way.
They’re in the process of putting the delineations on maps, including swamp maps, if necessary. It benefits the whole region to have a major supplier 115 line and would be a major connection to tie into the substation in Amesbury.
T. Schaefer asked how long from time of start out of Groveland? The entire duration for the project would be from summer of 2009 until spring of 2011. Foundation work would be done where they have access, then, they’d go to other areas where they’d have access depending on the time of year. They would then come back and put the poles in, and then string with wire. They would not be in there continuously, they’d be in-and-out over the course of 1 ½ years. T. Schaefer asked what work would be done during the seasonal restriction? They try to get into the wetland areas during the time when the ground is frozen because the trucks do the least damage. J. Stewart asked if they’ve walked the line? Yes, their consultants, Oxbow Associates, have been up
and down. J. Stewart said there are deep water holes in there, especially in Groveland. P. Richards said it will depend on whether they use all steel poles, or partial wood and steel poles. There are different options, stringing wire with a helicopter or with a truck. It will depend on the final design. They will come up with a reasonable design to comply with MEPA. M. Dempsey said much is driven by MEPA and what Natural Heritage says. ConCom will be most sensitive to that issue. Regarding working during off season, if they present scientific evidence that shows that it’s the best, it will justify a waiver. In regard to fees, ConCom will come up with reasonable inspection schedule and can waive our regular fees based on scientific need, and require just our inspection costs. P. Richards will request another hearing for storm water plans, etc. Hearing closed 7:45 pm.
61 Garrison Street - GRDA
Present: Richard Briscoe, Dan Briscoe, Lorianna Briscoe
Hearing opened at 7:49 pm. R. Briscoe got call from Claudia McKee asking him what he was doing at the pond. He told her routine maintenance that he did on a yearly basis. They discussed the need to file and he agreed to.
On October 11, 2007, he received a visit by Richard Tomczyk, 617-654-6698, because someone told him he was filling the pond in completely. R. Briscoe showed him the pond and his entire property and said R. Tomczyk had no problem with what he was doing. R. Briscoe said he needs need new headwalls for the pipes coming into the pond. Three sanded streets drain10 loads of into the pond yearly. R. Briscoe said it is a drainage/irrigation pond and brought numerous pictures taken today. He has no more work planned for the rest of the year. Everything that has been disturbed has been hydroseeded. He said he lowered the level of pond to level of outlet pipe and removed a shopping cart, bicycles and tires. He built the headwall to define the outline of the pond. He
proceeded to describe the photos to the Commissioners. There is a 3 foot pipe going into the pond that drains the entire Briscoe Heights project. The headwall is broken away and the pipe falling down. He plans to replace the deteriorating cement headwall with rocks. 18” pipe is the only one that exits the pond. There is another 18” pipe coming into the pond from Rollins Street, which has fallen down too. He installed a windmill to aerates the pond with 2 stone diffusers in the pond. For the first time in a long time, you can be at the edge and see the bottom of the pond. He’s got a growth of new fish. T. Schaefer asked if he put up a new fence. R. Briscoe said yes. The Highway Department put the railing in a couple of years ago. R. Briscoe said he planted 60 Douglas firs 12-15’ trees, 6 Cherry trees around the pond, 30 arborvitaes and various shrubs, and wants to put 6 or 8 more
Birch trees.
T. Schaefer asked if the headwall is a future project. R. Briscoe said he’d like to do the work next summer. He said it needs to be done as soon as possible because it’s deteriorating quite a bit. Repair work needs to be done every year. He said he did not cut wetland species, just thorns.
M. Dempsey said C. McKee did a site visit and had these questions. Where does water that goes into the pond come from? Is it run off only or fed from a perennial stream under Garrison St.? R. Briscoe said the stream that goes under Garrison St. goes in back of Briscoe Heights down between Cannon Hill Avenue and the Shaw’s property, goes by Debiazo’s, under the street at Garrison, along as a stream for about 100’ that goes into a 3’ pipe, under Fairview Circle and comes out behind Bob O’Hanley’s house, for about another 100’ goes under Majorie Street, into a swamp by the old Veasey property, under Balch Avenue, across the Arkelian property, crosses under Main Street, down across from the Childcare and down to the river. The stream that goes into Esty’s
Field exits the pond. The only water that the pond gets is from the drainage from the streets and the spring underneath the pond. R. Briscoe said the pond was dug in the late 1950’s for irrigation by his grandfather. The pond was man made and was used as an irrigation pond then used for drainage for Briscoe Heights and Rollins Street.
M. Dempsey asked why the Town of Groveland isn’t addressing storm water management, under current rules, if his pond is retention for all those streets. R. Briscoe said he did not know, but would prefer to take care of his own property. He said the town put a 3’ pipe under Rollins Street. M. Dempsey asked if it floods, and R. Briscoe said yes, and that he has to pull things out with a backhoe. M. Dempsey said R. Briscoe must follow the rules laid out by the bylaw and by DEP. M. Dempsey asked about the piles of dirt on his property. R. Briscoe said the dirt piles are outside the 100’ buffer.
M. Dempsey asked him to describe the process he uses to clean the silt out of the pond. R. Briscoe said he waits until August, when the water is at its lowest and no water is exiting the pond. It involves using an excavator to dig out the pipes that come into and exit out of the pond. He says he can’t reach the middle. He uses a tractor on the edge of the pond, scoops the stuff out and puts in dump trucks. He says it pretty much all dirty sand. M. Dempsey asked if he did this every year? R. Briscoe said yes, and that some years he doesn’t get as much as others. Some years, the water doesn’t go down. He needs low water to do it. M. Dempsey will compose a permit letter acknowledging that the pond acts as retention pond and needs annual clean out;
that he will be able to use a tractor next to pond once per year, and that he’s to keep any other fill or piles at least 100’ away from the pond. Commissioners discussed how long the maintenance permit should be issued for and determined a total of 5 years. An abutter, John Rawson, 35 Balch Avenue said when he saw the pond, he thought the pond and property looked very nice.
M. Dempsey made a motion to issue a five (5) year maintenance permit under the bylaw to cover the annual removal of sand and silt using a tractor along edge; no piles within 100 feet of pond; granting permission to do more planting around perimeter; and to stabilize the slope after the work is done. S. Benanti 2nd. All in favor. Unanimous. Closed 8:16 pm.
Groveland Water & Sewer – Seasonal Restriction Waiver Request
Present: Brian Murray
Opened 8:17 pm. They received the Order of Conditions in July. There were delays in the bidding process and the Water Superintendent left. The project start got delayed. Construction started yesterday. Portions are outside 100’ buffer. They may need to go into the first week of December. There’s about 700’ of pipe along Main Street, starting at Cranton Avenue and going westward to the culvert crossing. They expect 1-2 weeks of excavation, and another week or two of clean-up, and then testing. They would like to get an extension to December 14, 2007. The reason for the project is to pick up four (4) houses to put them on public sewer. One resident needs to get on this as soon as possible due to a failed septic system. M. Dempsey asked
him why it would be beneficial to the environment to do the project during the seasonal restriction. B. Murray said the failed septic system is near the stream and feels it shouldn’t wait until the spring.
L. Felch called C. McKee during the meeting and set up a pre-construction site visit for her to meet with the contractor tomorrow at 9:00 am. M. Dempsey made a motion to grant a waiver to the seasonal restriction for Main St. sewer improvements to the Groveland Water and Sewer Commission; with the waiver to run from November 15th through December 14th. T. Schaefer 2nd. All in favor. Unanimous. Closed 8:26 pm.
Town Forest Crossing Extension Request
Present: Ted Regnante, Peter Ogren, Charles Eiras
Hearing opened 8:27 pm. M. Dempsey summarized the issue with the Commissioners. They have a copy of a letter, dated 10/18/07, from the applicant’s attorney (Ted Regnante) regarding their request for an extension to the original Orders of Condition, which had previously expired. ConCom sought advice from Town Counsel with the Selectmen. Town Counsel told ConCom they could use tolling as justification for extending this even though it wasn’t specifically noted in the bylaw. It wasn’t incompatible with bylaw. ConCom forwarded their concerns to the applicant’s attorney. The attorney then submitted a letter stating what they were willing to do for an extension. They request to extend the Orders of Condition that were originally issued for a development off
of Wood Street, for the site work on the development. According to the letter, the Orders of Condition would have expired on September 8, 2007. They did ask for an extension prior to that. They are asking for an additional two (2) year period, extending the current OOC to 2009. The letter addresses the following five points that M. Dempsey brought to the applicant’s attorney to changes that have made both in the bylaw and policies and procedures, that are not in the original Order.
1. Acknowledge Bylaw Fee. They have filed for the extension with a $100 check.
2. Address environmental bonds we currently use.
3. Wetlands markers.
4. Filing with the Groveland Planning Board with their subdivision plans by the end of the year, per the Selectmen.
5. Acknowledgement, stated by DEP, for filing for the 10 individual lots within 100’ of the buffers and wetlands.
T. Regnante agreed with M. Dempsey and said he had a discussion with Town Counsel and both agreed to have a covenant recorded at the Registry of Deeds with the Extension Order, setting forth all things agreed upon. Any subsequent owner would see. He submitted a covenant, which tracks the language of the letter.
Peter Ogren, Hayes Engineering, said if ConCom grants the permit, they plan to go forward with the Planning Board, with work not to begin until next April. The five different court cases didn’t get resolved until July 29, 2007. All has been successfully dismissed and they’re ready to go.
They received a superceding order from DEP and asked for a 3 year extension. It was extended through July, 2008. DEP extended it for 3 years, from the date it expired, to July, 2011.
Commissioners discussed the length of the requested two-year extension, which would expire in 2009. P. Ogren thought it could be extended for only two years. T. Regnante said according to the bylaw, a permit could be issued for 5 years for continuous maintenance work. The Commissioners agreed that it would be more logical to run the length parallel with DEP.
Point # 2 - Environmental bond – ConCom negotiated a $50,000 bond on a similar project. The bond can be referenced with the individual filings and will stay in place throughout the life of the project. The purpose of the bond is to cover abandonment of the project in the middle, ie, environmental fixes and any other mitigation of any environmental problems if developer isn’t on site. T. Regnante will redraft the covenant to put the bond in there.
Point #3 - Wetland Markers – This will be put into the individual lot filings. The wording needs to be changed to “granite”, not “concrete” at reasonable intervals leave out (“not less than 50’ ”). Add: “At reasonable intervals along wetland areas within the 100’ buffer zone.”
P. Ogren said they’re giving up land for the water tower as well as access right-of-way to it. Open space will have a restricted covenant, walking paths, along the stream and wildlife corridor.
*Steve Benanti recused himself immediately (9:00 pm) after being made aware he was a abutter.
M. Dempsey made a motion that ConCom extend the Orders of Condition for the project at Town Forest Crossing to July 26, 2011, and reference in the permit a covenant from the developers referencing four changes and/or additions to the order. T. Schaefer 2nd. All in favor. 4 yes. Motion passed. S. Benanti did not vote. Hearing closed 9:10 pm.
T. Schaefer made a motion to adjourn the meeting at 9:15 pm. M. Dempsey 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
Administrative Agent
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