NEWTON BOARD OF SELECTMEN
DATE: WEDNESDAY, MAY 15, 2013
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD
WORK MEETING
- Call to Order, Roll Call Vote
Chairman Thayer opened the meeting at 6pm. In attendance were Chairman Raymond D. Thayer, Selectman Charles R. Melvin, Sr., Selectman Robert S. Donovan, Jr. and Town Administrator Nancy J. Wrigley. The meeting minutes were transcribed and typed by Office Manager Mary B. Winglass.
Meeting with residents Stephen and Myra Suraci of 2 Wallace Street
Wrigley gave the Suraci’s a copy of an email that she received today from Peter Mears, Chairman of the Conservation Commission stating that he is retracting his opinion regarding the wetlands at 19 South Main Street.
Stephen Suraci stated that basically he feels that there are numerous violations going on at 19 South Main Street since the work started to include dredging of the wetlands and filling in of the wetlands. The results will end up with water backed up in the surrounding properties instead of it moving along.
Chairman Thayer asked the Suraci’s what they are looking for the Board to do. Stephen Suraci responded that based upon numerous violations from the stand point of dredge and fill operations, built a culvert that is not adequate for the water flow without a permit and using the property not for what it is zoned for. The property is in a Village District Zone and is not a commercial lot. Stephen Suraci added that the owner knocked on his door to state that it was going to be used as a law office for his son. There are now approximately 16 trailers parked on the property at various times. There is equipment and firewood on the property and other products stored on the property and feels that it is being used as an extension of the commercial property next door. The property is also being used as a
driveway for the commercial property according to Stephen Suraci.
Stephen Suraci added that the property owner filled out a driveway permit for 19 South Main Street and the state required that the town approve the change of use first; he then withdrew his driveway permit immediately.
Stephen Suraci had pictures of the property, the before and after the work was done. A 60 x 30 pad was poured the other day. The Board discussed that Code Enforcement has been looking at the property to determine if there are any code violations. The Board decided to have Code Enforcement to go to the property tomorrow to determine any code violations and if necessary to issue a cease and desist.
Town Administrator Wrigley suggested for the Board to contact Chief Building Official Ron LeMere to discuss the property and to give him a directive. Stephen Suraci stated that the property owner has not filed anything with the Planning Board at this point for a change of use.
The Board called LeMere with no answer. LeMere called the office and spoke with those present and was given an update on the concerns with what is happening at 19 South Main Street. LeMere explained the process that started with Conservation checking out the wetlands stating a violation and then retracting their statement and now we are receiving complaints about commercial trucks coming and going from a residential property. LeMere informed the Board that a building permit had been pulled on April 29, 2013 to repair the barn and to repair the back of the house.
Selectman Donovan asked if you need to pull a permit to pour a concrete foundation. LeMere responded no, it is considered more of a landscaping issue as well as the wall and pushing the dirt. Stephen Suraci asked if disturbing over 80% of the land requires a site plan. LeMere responded that we need to look at it to find out if any of it was taken off the property. Stephen Suraci asked about the culvert; LeMere responded that the issue needs to go back to conservation. LeMere discussed that he is working with Code Enforcement and they are standing back and watching what is taking place to determine if there is any violations and how we are to approach that application. LeMere added that the last thing we want to do is to go in and accuse someone of doing something that they are not. S. Suraci
asked about the use of the property for is it not being used as an extension of the commercial property. LeMere responded that it cannot be used as an extension of the commercial property but we first need to determine that and have evidence. S. Suraci responded that he has many photos showing commercial activity taking place; LeMere responded that will help to determine if there is a violation.
Selectman Melvin asked if the photos from a resident can be used or do they need to be professional. LeMere responded that the court will use photos from a resident.
Stephen Suraci talked about how he allowed Conservation to use the back of his property to view the situation. Suraci asked if LeMere had access to the back of his property would it help to facilitate this process; LeMere responded that it would help. S. Suraci offered to make the arrangements by 8am tomorrow morning. LeMere will contact Code Enforcement Officer Larry Middlemiss to set up an appointment for tomorrow. LeMere recommended for Suraci to find out the conditions at the property and then we can move forward with any findings. The wetlands were discussed in that we could conduct a core sampling to find out if any wetlands exist in that area.
Stephen Suraci asked about the time frame. Suraci added that the inaction by the town has him prepared to file a lawsuit against the town. LeMere responded that he has received all the documentation dropped off by Suraci, looked at the town’s information and will be able to move forward from that point. Next we need view the property and view any allegations. This item will be reviewed again on Tuesday, May 21, 2013. The Board asked Town Administrator Wrigley to write a letter to the owner of 19 South Main Street inviting them to the meeting on the 21st.
- The Board approved the detailing on the Fire Command Vehicle.
- Cont review of new Town Policy
The Board continued to work on a new Town Vehicle Policy
- Reviewing closing documentation for 2 Amesbury Road
The Board discussed with Town Assessor Andrea Lewy how to proceed with the taxes after the sale of 2 Amesbury Road. Town Administrator Wrigley will send a letter to the buyer explaining the taxes for 2013.
The Board signed a Timber Tax for Map 10-10-40; 40-3; 40-4 and Map 9-3-24.
Chairman Thayer adjourned the meeting at 8:51pm.
Respectfully Submitted,
Mary B. Winglass, Office Manager
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