Present: M. Dempsey, C. Keene, B. Eardley, S. Benanti, T. Grim
Hearing opened 7:22 pm
ConCom Minutes – Correction to June 20, 2012 minutes: pg. 2 ATVs (not ATMs). B. Eardley made a motion to accept the minutes from 6/20/12 as corrected. C. Keene 2nd. All in favor. Unanimous.
ConCom Minutes – C. Keene made a motion to accept the minutes from 7/18/12 as July minutes as submitted. B. Eardley 2nd. All in favor. Unanimous.
ConCom Business - 2 Center Street
Present: Jim Manganiello -
J. Manganiello asked the status or response to letter M. Dempsey sent out to the Highway Department? M. Dempsey sent a letter dated July 17, 2012, asking the Highway Department to work on five different issues related to the Lower Center Street area, and requested a written response within 30 days. The Highway Department has until August 17th (another 9 days) to reply. J. Manganiello said the culvert is blocked, the water is low, and it needs to be cleaned. He’s concerned about people launching boats.
S. Benanti said there is a sign there that tells them about Veasey, but it’s partially covered by vegetation. J. Manganiello said a sign is needed that says, “No Boat Launching”. S. Benanti suggests a large sign be put on the 4 posts. He also noted the weeds at the bottom of Veasey (Johnson’s Pond) should be cleaned out. M. Dempsey spoke to Bruce Adams and discussed that it may be an Eagle Scout project. Closed 7:28 pm.
T. Grim arrived 7:28 pm.
ConCom Business – Meadow Pond
Present: Tony Marchisio; Bob Guptill
Opened 7:30 pm. T. Marchisio said he’s spoken to R. Gupthill about the property. Mr. Marchisio wants $75,000 for 6.5 acres. He found 4 x 4 posts on his property telling walkers where to go. He never gave permission for posts to be on Meadowpond Trail. He’s rebuilt a boundary marker wall three times that keeps getting torn back down.
M. Dempsey explained that the posts were installed there by the Bagnall 4th grade under direction of teachers. For last four years, they’ve done trail improvement there; cleaning and marking the trails. They did not make any new trails. They came up with a bunch of trails and a map put them in a brochure. The yellow portion is evidently his property. They weren’t aware it was his property and had no intention of trespassing on his property. They cleaned it up and put the markers there innocently since the trails were already there. There were no “No Tresspassing” signs there. It was an error on their part and ConCom; but no one intentionally trespassed. The ATVs and mountain bikes take apart the walls. It
was not the 4th graders that took down the walls. T. Marchisio says there’s a liability on his family because people are on his property. Posting “No Trespassing” signs could resolve the issue. He wants to find a solution for this, and asked R. Guptill to have an appraisal on the property. T. Marchisio said his interest is the timber and firewood.
R. Guptill said the appraisal wasn’t done on 6.5 acres, but only 4 acres. M. Dempsey explained to Mr. Marchisio that ConCom cannot pay more than the appraised value for the property. ConCom will take the trail off the map and intends to correct it. ConCom would prefer to purchase the property, but cannot pay what he wants. Mr. Marchisio wanted the timber and firewood appraised as well. Commissioners discussed redirecting the trail to stay in Conservation land, removing the posts, and redoing the map to reflect the change.
M. Dempsey said another idea could be that rather than to purchase the land, ConCom could buy a ‘trail easement” from him. A permanent trail easement would allow ConCom to keep the trail and take on the liability of people on the trial. R. Guptil said it would be a lot of work to redirect the trail because it’s not a natural trail. The owner will think about the easement. Mr. Marchisio said he’s already removed the posts, and that he’s put up “No Trespassing” signs, but people remove them. Mr. Marchisio will call R. Guptill after considering what was brought before him tonight regarding a trail easement or lower the price of his 6.5 acres. C. Keen asked Mr. Marchisio if he was okay if ConCom did not take action
on correcting anything for 30 days. Mr. Marchisio said yes. Closed 8:03 pm.
253 School Street – TOG – Bagnall School Roadwork – GNOI
Present: John Osborne, Chairman of the Bagnall School Building Committee
Hearing opened 8:04 pm. Mr. Osborne submitted tear sheets.
The school is being renovated. They plan to restore the land to where it was; placing woodchips on the area. It will be a little flatter than it was. The project involves installing a water line, and will involve excavation of materials. Mr. Osborne wants to work on the right side of the project away from the wetlands.
Commissioners want better plans to clarify how close the project is to the wetland buffer, and to stay at least 50’ away from wetlands, the ground flagged, trees marked within the buffer zone. T. Grim drew on the map a suggested new path for the project. J. Osborne said twice as many trees would need to be cut if they moved the path farther away. Commissioners Carl Keene, Terry Grim, and Mike Dempsey will conduct a site visit tomorrow, August 9th at 7:30 am with John Osborne. J. Osborne will call R. Arekalian and ask that he attend
the site visit as well. Hearing closed 8:27 pm.
ConCom Business – 12 Governors Road
Present: Kevin Savage. Resident wants to put in 2nd driveway and wanted an idea of costs for filing, etc. Because there are wetlands there, the resident would need to file an NOI with the state. He’ll need to hire a wetland scientist, submit a plan, file, it will involve restoration, so it could be upwards of $7,000.
5 Year Maintenance Plan Approval at 306-308 Main Street
Opened 8:45 pm. M. Dempsey made a motion to allow Greg Stark a 5 year maintenance permit to trim trees along the Merrimack across from 306 – 308 Main St. T. Grim 2nd. All in favor. Unanimous. Closed 8:47 pm.
ConCom Business – ATV Permit
Two years ago, ConCom granted resident Joe Ryan a permit to ride his ATV on ConCom property. He presented letter from his doctor requesting he be allowed to ride an ATV on trails. There have been no complaints over the past 2 years. J. Ryan requested an additional 2 years permit. M. Dempsey made a motion to grant Joe Ryan another 2 year permit as of September 30, 2012. T. Grim 2nd. All in favor. Unanimous. Closed 8:49 pm.
C. Keene recused himself at 8:55 pm.
ConCom Business – Marion Ave.
Opened 8:57 pm. ConCom had previously voted to issue Enforcement Orders for residents of 4 and 5 Marion Ave, and asked them to comply with requirements in the letter. C. Keene wrote up his response dated August 6, 2012, addressing: replacing signage, an As-Built plan, fix or restore drainage swails, filing for a COC, and a timetable for compliance. C. Keene said he has put up a 2 foot sign, attached an As-Built plan, the gravel and rocks in the swail will be removed to allow 5’ swail to be created, he will file for a COC when the work is completed. He said the work will be completed this month and that he will file for a COC in September.
M. Dempsey made a motion to approve the written plan submitted by C. Keene for his Enforcement Order. T. Grim 2nd. All in favor. Unanimous. Commissioners reminded C. Keene that there is a $400 fee to lift the Enforcement Order.
Other than letter from Mr. Couillard, ConCom has not heard anything from the Enforcement Order. He has nine more days to respond to the Enforcement Order. T. Grim made a motion to authorize M. Dempsey to follow up with the Enforcement Order and fines if necessary. B. Eardley 2nd. 4 yes. 1 abstain. Closed 9:03 pm.
Carl Keene returned to meeting at 9:04 pm.
T. Grim made a motion to adjourn at 9:05 pm. M. Dempsey 2nd. All in favor. Unanimous.
Respectfully submitted,
Lori Felch
Administrative Consultant
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