12/01/2010 PLANNING BOARD Minutes

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montonng every two years on wetls#4 and#5 in order to track the success of the new fertilizer guidelines. Mr. Fud a added that nitrogen in the groundwater is a big problem and impacts Ma tepee' wastewater plans. It was noted that the development was among the first areas to receive town water due to the landfill plumes. John Wilcox, President of the Ashers Heights Homeowners A&sociation, addressed the Board and expressed concern about retesting all of the wells. Mr. Fudala noted the necessity to rule out an off' property source causing the increased levels of nitrogen and added that the Association would be responsible for the test in& which would be less than what the Association is currently required to do. It was suggested that the revised testing would be less costly. Mr. Fudala summarized the need to locate well #4 and to develop legal casements authorising access to the Town, and depending upon results of the initial sampling, consider extending the reduced sampling. Mr. Fudala added that a plan must be prepared in order to locate the wells but he will consult with Town Counsel to determine if septic plans can be Utilized. The Chair questioned whether the homeowners had been surveyed regarding their commitment to the new fertilizer guidelines. Mr. Balzarini emphasized the need that homeowners review the recommended brochure"Ecological Landscaping on Cape Cod" and provide confirmation to the Board of their willingness to abide by the suggested practices before approving an increase to.a 5,000 square foot lawn. The Chair read text in the planning Board's draft decision referencing the lawn recommendations. Mr. Fudala referenced the newly proposed fertilizer bylaw submitted by the Environmental oversight Co riittee. Mr. Wdcox agreed.to pick up the brochures from Mr. Fudala's office to distribute to homeowners. 11r. Lima requested that he be contacted regarding the County HealthDepartment's response to the 2005 sampling. Mr. Fudala agreed to contact him with the results. Mr. Uma expressed concern about leaching field impacting well #5 adding that he believed the water was flowing toward the property from the north at 3 Carlton. Mr. Fudala noted that three homes in that area have septic systems in the front yard. It was noted that weU# had been increasing while others have decreased. Mr. Petersen suggested assessing the time of year when the sampling was conducted. MOT ON: Mr. Ba ar ni made a motion to continue the public hearing to January 5 at 7 30 p.m. Mr.Mullin seconded the motion. All voted unanimoudy. 7:3 Hea ring under the provision of MassachuseM General Laws Chapter 85, Sections 3A and 3B to establish the name of an undeirmed private way extending north of Jackbon Road to Brown Terrace, and located on the west side of the parcels shown on the M shpee Assessors Maps as Map 83,Block 3 and Map 90,Blocks 38 and 41 and crossing, as an undefimed easement,over Map 90,Block 88A. Proposed same is"Carter Lane." Requested by Town Clerk. The Chair read for the word the public hearing notice at 7-.3 5 p.m. Mr. Fudala announced for the record that the Town Clerk requested the naming and that a memo of support was received from the Fire Chief: The Chair read for the record Town Clerk torah Ii's request to name the private right of way Carter .Dane. Chairman Waygan also read for the record Fire Chief George Baker's memo supporting the naming in the interest of public safety. Thy were no questions from members of the Board. Mr. Fudala stated that Carter Lane was suggested bwause deeds refer to Carter Lane as the western boundary of the two landlocked parcels. Chairman waygan opened the prooeedings to public comment and gent McFafland, resident of Carter Lane, requested that the Board support re-naming the road to eliminate fiftre difficulties difficufties locating the road. Mr. McFarland's fiance died on September 4"and Mr. McFarland expressed his concern that 2