Present: S. Benanti, B. Eardley, C. Keene, T. Schaefer, M. Dempsey
Meeting opened at 7:25 pm.
ConCom Business: Lot 24A Stonebridge Road
At the January, 2012 meeting, Tom Neve recommended moving the house in a slightly different position which would be more advantageous to the wetland area. ConCom approved without another filing because it was a minor change. M. Dempsey sent a letter yesterday detailing the decision.
At the same meeting, Tom Neve talked about wanting to donate 2 lots to the Town of Groveland. M. Dempsey spoke to G. Labrecque and was advised that the TOG does not want to do that, but suggests Tom Neve to give the properties to the abutters. He could fold them into existing property and put a 30 year no-build statement on it, meaning they cannot build or sub-divide for 30 years. ConCom could write a letter and accept the OOC for lots 1A, 1B; and 1C would be folded into 1B and become one oversized lot.
ConCom Business:
COC Signatures: 67 Center St. – Deck.
COC Signatures: 12 Merrimack River Road – dock.
Con Com Business: 918 Salem Street – Update on Work
Brad Eardley has been visiting 918 Salem St after ConCom received a complaint from a nearby neighbor about activity that wasn’t allowed. B. Eardley conducted a site visit and sent Commissioners a description and photos of his site visit, as well discussed his conversation with the concerned neighbor. She claimed he was cutting down trees in the wetlands, cut bushy trees and chipped them and lit fires. The Fire Department was called. The neighbor has video and photos of the issues. B. Eardley did not see the trees or any stumps that were supposed to have been cut. He suggests moving the silt fence back and installation of the granite posts. In addition, B. Eardley says drums in the wetlands appear to have something inside them, and was told by the
applicant that it was flammable. ConCom discussed that the applicant now needs to call a 21E Company. B. Eardley will contact him and advised him of that, and tell him not to touch the drums. Closed 7:39 pm.
Carl Keene recused himself at 7:39 pm.
ConCom Business – Marion Ave.
Discussion opened at 7:40 pm. Last month, B. Eardley conducted an inspection. Letters were sent to the land owners, and some attended a ConCom meeting. M. Dempsey and B. Eardley conducted a 2nd site visit and spoke to the land owners and Carl Keene. Since then, one owner, 2 Marion Ave. was wondering why the Town wouldn’t be able to clean up the retention pond because they are right next to the road. Someone spoke to Bob Arekalian, and he agreed it could be done. M. Dempsey wrote letters to 2 and 3 Marion Ave. telling them that their issues have been taking care of regarding the retention pond problems on either side of Marion Ave.
Other issues are drainage and swale maintenance problems which not covered by the Town of Groveland, specifically, 4 and 5 Marion Ave. M. Dempsey prepared two Enforcement Orders which the Commissioners have signed, asking each owner to respond within 30 days for a plan to do what was asked in their original letters.
M. Dempsey gave Al Couillard a copy of our bylaw for our basis for it. Al Couillard has a response prepared by his attorney which is diametrically opposed to it, and gave it to M. Dempsey. Al Couillard says his property is not within 200’. M. Dempsey explained that the area ConCom is trying to protect is the driveway; clogging the retention pond and potentially running into the Merrimack River. Closed 7:50 pm.
Carl Keene returned to the meeting at 8:00 pm.
Center St. Culvert Improvements: NOI – Highway Department
Hearing continued from June 20, 2012. Abutters were renotified with this correct meeting date. Hearing opened at 8:02 pm. Present: Woody Cammett, Cammett Engineering; Bob Arekalian.
Natural Heritage approve the project, and was a “no habitat or take” for wood turtles. DEP addressed Natural Heritage comments, and they will put in rip rap as suggested. The culvert will be replaced because it was undersized. Replacement size is 6 x 3. In conjunction with the outlets, DEP made comments regarding the flow. Woody Cammett said they will maintain the rip rap and use smaller rip rap to not affect the wood turtles. Natural Heritage has reviewed and has no problem.
Bob Arekalian wants the work completed before school buses run on the street. The work will be performed at night or they may close the road. An abutter asked how many days the road would be closed. B. Arekalian said probably two days. An abutter said she had to do a turtle study for a project further down the road. How many turtles were sited in the area? Woody Cammett gave her numbers of road kill, and said it’s different in scope because it’s maintaining an existing structure. He said further down the road at the solar field, they had to do the same turtle study. T. Schaefer made a motion to accept the plans as presented and approve the project. M. Dempsey 2nd. All in
favor. Unanimous. Closed 8:11 pm.
Mill Pond Drainage Improvements: NOI – Highway Department
Hearing continued from June 20, 2012. Abutters were renotified with this correct meeting date. Hearing opened at 8:12 pm. Present: Woody Cammett, Cammett Engineering; Bob Arekalian, Highway Department. The resident from 7 Abbott Circle said he did not receive a letter. Woody Cammett said his address was not on the Assessors list. Fortunately, the abutter’s neighbors let him know about the meeting.
The plan is to install two controlled structures and extend the piece that was lost, so that the water level can be raised and lowered. Because of the deterioration of outlets, the perennial stream has seen a lot more flow and severe erosion, and looking at downstream affects, it needs to be managed better than it has been before, especially during the change of seasons, spring and snow runoff, to manage water levels, help prevent algae, etc. W. Cammett described the plan using a map. Stainless steel channels that can be raised or lowered is a system that works well. It will have two straight boards which allows for better control. The boards will be 6” high, which allows for a partial opening of the outlet instead of the entire outlet. M. Dempsey brought
photos from a site visit he conducted. M. Dempsey asked why the maximum height was set? W. Cammett said it was based on 100 year storm calculations and putting pond level at maximum so it would not flood 54’6”. They chose an elevation slightly over the 100 year storm. Boards at default position is 54’6”.
Bob Arekalian stays in contact with Haverhill because they are in charge of the water. Johnson’s Pond has been running low over the past 10 years. He said the boards have not been put back in Johnson’s Pond because boards are rotted. M. Dempsey explained first priority is the protection of roads, private property and dams; then effect of the pond.
An abutter provided photos from spring 2008. A consequence of that is that it’s too shallow and they’re filling in. Silt is washing down and the depth is only 2 or 3 feet and algae and plant growth is filling in. He’s concerned that the ponds are becoming swamps, the water is becoming stagnant and causing problems with vegetation. He thinks elevations are way too low, and that the water used to be a lot higher. Other abutters say since 2008 they have not had any flooding on their property, and they want minimal elevation.
Tom Schaefer pointed out that the concern is roads, private property and dams. And that the quality of the pond is least priority. Bob Arekalian said they can switch elevations to satisfy abutters. An abutter said the levy has been breached. M. Dempsey said the scientific opinion is that if it’s raised any higher, there’s a risk of damaging properties, roads, and dams. Tom Schaefer asked why they chose 4.5 feet? Woody Cammett said they looked at roadway surface and 100 year flood plan, and that it was done on a hydrological basis. Commissioners agreed that the photos provided aren’t definitive on height.
An abutter suggested using MVPC aerial photos from 1995 on to potentially figure out base line elevation. The abutter asked W. Cammett if he could explain the 100 year flood discrepancy with the FEMA maps; and what the water level was for maps he prepared from 1993-1994? He was not prepared to provide that answer that here. FEMA has elevation at 49’ for 100 year flood currently. Woody Commett said they haven’t revised upstream. Has the town filed contest? Bob Arekalian said voted at town meeting. Woody Cammett pointed out that sometimes FEMA has areas that are wrong. Woody said they did the hydrology on it.
An abutter requested ConCom look at historical photos. M. Dempsey told her that Commissioners looked at the online references she sent. T. Schaefer pointed out that it’s hard to know the history; it could have been a flood or a drought condition. S. Benanti explained that ConCom went on site visit and observed the level of water. M. Dempsey said the tree situation makes it hard to understand because data is not consistent.
C. Keene asked where would the boards would be kept? B. Arekalian said they will keep them at the top. If they receive a warning for hurricane, they will pull the boards. B. Arekalian said he is willing to work together with ConCom. An abutter asked what is the lowest elevation it can get? W. Cammett said 50’. An abutter asked if there were complaints of property damage? B. Arekalian said Center street. S. Benanti said a septic system had been affected too. ConCom and the Highway Department will be working together to get the level right. An abutter asked what would be the minimum depth of water kept in the ponds? M. Dempsey suggested the devices be built, and the boards be put in, and slowly raise the pond up to an acceptable
level. ConCom can have future meetings with neighbors to agree on the level. The abutter asked that it be added into the conditions.
M. Dempsey made a motion that ConCom close the hearing and accept the project adding 2’ to the highest point the pond can be kept at to 56.5’ to both outlets and the bottom remains at 49.9’, and that the Town work to develop a watershed management policy for the watershed. The Highway Department and ConCom will work together to determine correct levels of the pond using the outlets and that ConCom will have at least one public meeting to discuss levels with neighbors. B. Eardley 2nd. All in favor. Unanimous. Hearing closed 9pm.
446-476 Main St. Solar Farm – NOI – Groveland Light Department
Hearing opened 9:07 pm. Present: Woody Cammett, Professional Engineer; Bob Deobler, Con Edison Development; Mike Cloutier, Manager Light Department.
Project is to build and operate a 3.6 solar field array. A site visit was previously conducted for the ANRAD. Green cards and tear sheets were submitted. They’ve received certificate from MEPA, filed environmental notification form, and with Endangered Species Act because of land clearing. They’ve received comments from Mass Historical because it was upland, however, once they found it was an old gravel pit, they said there was no impact and doesn’t require any further activity. They did a ConCom management plan reducing in original size because of wood turtles, and conducted a wood turtle study. Draft of the study in the NOI, noting where the turtles would forage or nest. 3.6 megawatt dc current capacity has been moved back 300’ from river. Developed a plan with Natural Heritage to protect turtle habitat area. Solar panels are raised off the ground. Slow growing native grass conducive to shade. Managed (mowed) only a few times a year. There will be times (April and
June) that the area will not be able to be cut.
The solar field has some activity near the riverfront. They have met the criteria under 10% disturbance (8%) under WPA. Flood plans – this area was study through to Center Street and no net loss on the grading. Infiltrating all the ground water. Still finalizing permit and decision through Natural Heritage. They’re working with the Water Department, Con Ed and Groveland Electric. There’ll be an 8” water main for a future well. The area will not need to be dug up again. This would be a benefit for the Water Department. This operation needs to be done by the end of the year because of tight restrictions they are under.
Tom Schaefer asked if they’re disturbing turtle area when they’re not active. Woody Cammett said, yes, that’s correct. There will be a detailed operations plan prior to construction. A turtle barrier will serve as a road control as well. Once it’s in place, a team of people, basically walking arm to arm over the entire project, will be looking for turtles. If found, they will be moved outside the area. The gate will be closed at night and erosion controls put in place. Woody Cammett showed a map to describe the detailed erosion control plans.
M. Dempsey asked if there would be an impact on the well? Woody Cammett said no, there are no hazardous materials. All transformers are run on vegetable oil. They have containments in place in case of ruptures. C. Keene asked what was the closest distance to the water? W. Cammett pointed out the 200’ buffer. B. Eardley asked what is the square footage of solar panel? 15 acres. T. Schaefer made a motion to accept the proposal as presented for the 446-476 Main Street Solar Project. C. Keene 2nd. All in favor. Unanimous. Closed 9:28 pm.
ConCom Business – May 9, 2012 Minutes
M. Dempsey made a motion to accept the minutes from May 9, 2012, with corrections as noted. B. Eardley 2nd. 1 abstain. 4 yes. Motion passed.
M. Dempsey made a motion to adjourn the meeting at 9:36 pm. B. Eardley 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
Administrative Consultant
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