Conservation Commission Hearings
Tuesday, November 18, 2008 7:00 p.m.
Meeting Opened at 7:02 pm
Present: Doug Packer, John Hartnett, Worthen Taylor III, Geoff Walker
Excused: Michael Bulgaris, Les Jones
Chairman Packer asked if the members of the Board had an opportunity to read the minutes of the October 20, 2008 hearings and whether there were any corrections; there were none. He made a motion to accept the minutes from the September 24, 2008 meeting; Mr. Bulgaris made the first motion to accept and Mr. Jones made the second motion, all in favor.
Fred Jackman (68 Green Street) – A continued NOI for roadway maintenance, drainage, ditches, utility pole installation and wetland mitigation at the junction of Emery Lane/Plummer’s Lane/Low Street. The applicant was not present; Chairman Packer believes that the applicant is still in litigation for this property, and it is his recommendation to continue this hearing until the next regularly scheduled Commission Meeting date; all in favor.
Michael Kellan (8 39th Street) – A continued NOI to construct a single-family home and to extend driveway on the ROW to provide access to the subject property. On November 10, Apple Associates on behalf of Michael Kellan requested a continuance until the next regularly scheduled meeting. It was the recommendation of Chairman Packer to continue this hearing until the next regularly scheduled Commission Meeting date; all in favor.
John Van Loan (41 Plum Island Tpke) – A continued NOI to raze existing structure and rebuild new single-family home in approximate location outside the coastal marsh. On November 18, Representative Tracy Peter requested a continuance on behalf of the applicant. It was the recommendation of Chairman Packer to continue this hearing until the next regularly scheduled Commission Meeting date; all in favor.
William Garrity (18 Riverfront) RDA to relocate existing septic northerly away from house and reconstruct the leach field in a more northerly direction. Mr. Garrity presented an overview of the project; they plan to demo the garage and move the leaching field closer to the road, thus further away from the wetland. This will allow them the potential for an addition (where the leaching field is currently located). It also appears that the test pit is inside the existing garage, it should be over the leaching field. Chairman Packer shared that he spoke with the Board of Health, and they seem to have a different set of plans than the Commission. The Commission stated that both we and the Board of Health needed to be working/ and referring to the same plan; need the correct version provided to both
Boards. It is also expected that the project will be over 50-feet from the closest resource area. There are no plans to start any construction of the septic until the spring. Chairman Packer made a motion to continue the hearing until the December 17, 2008 meeting date; Mr. Hartnett made the first motion, all in favor.
Gerald Fandetti (13 Girard Way) – An NOI to construct a single-family home. The applicant Mr. Fandetti opened by stating that he has owned the property for about 4 years and is ready to move a project forward. They are making the foundation smaller and it is their intent to comply with zoning and conservation local and state laws. The site has an abundance of aged fruit trees; does plan to replace. Chairman Packer stated that this section in the application needs to be fine-tuned in the plan and should include more specifics of re-vegetation. It would be Mr. Fandetti’s preference is to have the Town extend the Road (Girard). Chairman Packer stated that is likely not to happen, as this street was not on the approved street paving list by DEP. Chairman Packer suggested an alternative
closer to the house. In addition, there is a mound at the end of the road that was likely formed from years of plowing; this can likely be reduced in size and may relieve the problem with access. There were a few abutters who expressed some concern about the dune; it is very fragile, as a bit of vegetation and the area needs to be frequently rakes the area around the dune in an attempt to keep the sand in place. It was also felt that removal of the fruit trees in turn removes the root system which is likely contributing to keeping the dune in place. Lastly, confirmation of the height of the building was requested; it meets the current zoning of 35 feet from mean roof to mean grade. Chairman Packer suggested a site visit a site visit, the Commission agreed to continue the hearing to Monday November 24, 3:00 pm at 13 Girard Way and then again to the December 17 meeting date.
Ross & Marilyn Wescott (39 Fordham Way) – A request to extend DEP file# 050-826 to construct a single-family home. Chairman Packer stated that Wescott’s are still in the superseding process with DEP and would like to preserve this order; it would be his recommendation to extend. Mr. Taylor made the first motion to extend and Mr. Hartnett made the second motion; all in favor.
Certificate of Compliance:
Jack McCarthy (22 Independence Way) – File# 050-609 to construct a single-family home. Chairman Packer conducted an initial site visit in October. At that time, he asked the applicant to fix the skirting on the dwelling and then obtain engineering confirmation that they are in substantial compliance with the order. We received the Engineering letter on October 30 stating that they were found to be in substantial compliance. Chairman Packer was out on site again on November 17 to check the skirting again; he did not feel that it qualified for the 50% open. Chairman Packer requested a site visit from the Commission to obtain their opinion; the Commission agreed to continue the hearing to Monday November 24, and would visig 22 Independence at the completion of the 13 Girard site visit and then again to the
December 17 meeting date.
Anthony Leo (14 Girard Way) File# 050-668 to raze existing and construct single-family home. Mr. Packer was out on site for an inspection in October an found turf lawn on the property. He asked Mr. Leo to come in and present information on the house prior to construction and after construction. It was felt by the Commission that since the applicant removed the hot top and replace it with gravel that this made up for the turf lawn and found them to be in substantial compliance; Mr. Hartnett made the first motion to grant the certificate and Mr. Taylor made the second motion; all in favor.
Peter Colbert (5 Greentree Lane) File# 050-972 to re-grade and slope to protect septic tanks. Chairman Packer conducted a site visit on November 17 and found the project to be in substantial compliance and would recommend a certificate. Mr. Taylor made the first motion to grant the certificate and Mr. Walker made the second motion; all in favor.
Patty Schuler/Novak (9 Olga Way) – File# 050-770 to construct a single-family home. Chairman Packer conducted a site visit on November 17 and found the project to be in substantial compliance and would recommend a certificate. Mr. Hartnett made the first motion to grant the certificate and Mr. Taylor made the second motion; all in favor.
Other Business:
1. Arden & Linda Tweedie (99 Northern Blvd.) – DEP File# 50-902; possibility of adding a walkway of approximate size of 30 feet. Representative Jay McPharland stated that the original plan left out a walkway from the house to the driveway. They are proposing a 32’X3.5’ walkway, which is adding approximately 112 square feet. They are currently at 18% lot coverage, they are allowed 170 square feet, so this addition will not put them over. The Commission recommended that they come forward with a Request for Determination of Applicability.
2. David Santamenna, Essex County Greenbelt - Agricultural Preservation; Colby/Hiller property/Scotland Road. This will be a private ownership overseen by Greenbelt and they will have a hold option to purchase. Colby’s are going to unify existing operation. One change in the agreement, Secion 2B(6) referring to standard practice with herbicides and pesticides (which is more standard language). Chairman Packer stated that the Map/Lot seemed a bit loose; Mr. Santamenna stated they don’t have the money to have an Engineering survey, but they will mark based on the town records. They will get this and the updated contract to us for review. Mr. Taylor made the first motion to accept and Mr. Hartnett made the second motion to accept; the Commission signed the
recommendation papers for the selectmen.
Meeting adjourned at 8:15 pm
Respectfully submitted, Susan Noyes
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