Conservation Commission
Meeting
February 6, 2003
Peg Arguimbau Chairman, Stephan Glicken, Hank Langstroth and Peter Holden were the members present.
7:45 p.m. Review Forrest Emery's Contract Proposal for Professional Services -"The Estates at Borderland":
The Commission discussed Forrest Emery's contract proposal for his preliminary review of the proposed 40B project entitled, "The Estates at Borderland".
Peg called for a motion to accept the contract proposal and to authorize payment for the $500.00 contract retainer fee. Stephan moved. Peter seconded. Voted. Unanimous. 4-0-0
8:00 p.m. Hearing Continuance, Gridley Pond Estates, 3 Lot Subdivision. DEP# SE-280-436:
Jim Miller, Engineer from Miller Engineering, appeared before the Commission with updated information. Abutter, Bonnie Rodman, 180 Wolomolopoag Street was also present.
The paved roadway will be 18' wide with no sidewalks and a Cape Cod Berm will be installed. The Planning Board has approved the plan with the waivered construction.
Jim presented a color-coded Definitive Subdivision Plan to the Commission. The proposed limit of work follows along the 100' Buffer line on Lots 1 & 2, continues around the detention basin and along the property line on Lot 3. The swale in the roadway drains in the direction of the detention basin. Jim proposes to relocate the hay bales to follow the limit of work line. There is a small pond on Lot 1 that has not been certified that Jim will consider as a vernal pool for this project. The vernal pool is presumably groundwater fed. Sand and gravel is underneath the pond. The majority of surface water percolates into the ground, continuing area to the vernal pool is approximately 2.65 acres (pre-development). At Test Pit Numbers 1 & 2 located by the cul de sac, the maximum high ground water is registered at
approximately 9'.
Jim proposes to build the private road to the left side of the right-of-way. A small catchment area will be graded out and grading will be done around the trees. A small culvert with riprap is proposed along the slope that would collect the water runoff from the Rodman property and empty towards the small pond. This will increase the post-developed runoff into the vernal pool area by ¾ of an acre bringing the total to approximately 2 acres. (Calculations to be provided by Jim Miller)
The three lot owners will be responsible for maintaining the private roadway and basin.
On Lot 2, Jim proposes to relocate the reserve area 125' away from Test Pit #2. The Restriction Line will follow the limit of work line on Lot 3. The Town will own the Drainage Lot.
Lot 1 does not have enough frontage on Wolomolopaog Street to be considered a Legal Lot for this project.
The Subdivision Lot Layout and Restriction Line will be on the same Recorded Plan.
Greg requested that the Conservation Restriction be recorded before the Lots are sold.
The sequence of work will be to install the hay bales around the limit of work, rough grade the road and install the 3' basin, and then the road would be built.
Peg asked Jim to maintain the limit of work line on Lot 1, not to go in further than the 50' No Build Line, and to mark the location of the shed on the Revised Plan.
Peg stated that the Order of Conditions would specify to contact Greg when the hay bales are installed.
A Boilerplate Restriction would be included in the Special Conditions.
The Abutter, Bonnie Rodman inquired as to why the Wagner's lot is being considered as non-conforming to showing frontage for this project.
Jim explained that the zoning requirement on frontage for a single home in that area is 175'. The proposed new road would reduce the frontage on the Wagner lot to 94' on Wolomolopoag Street.
Peg explained that the proposed new road would provide the necessary frontage to the Wagner's property in order to make it a conforming lot, however, the frontage would not be used to provide access to the lot.
Peg called for a motion to close the hearing pending receipt of the updated plan.
Hank moved. Stephan Seconded. Voted. Unanimous.
Page 2 SCC 2/6/03 Meeting Minutes
8:25 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the January 23, 2003 Meeting Minutes with the changes noted.
Hank moved. Stephan seconded. Voted. 3-0-1.
8:30 p.m. Discuss Water Improvement Plan:
Peg presented to the Commission, a copy of a memo received from Ben Puritz regarding the proposed Water Department Capital Projects.
Peg asked the members of the Commission to read through the memo and suggested that they could gather together some information for a statement of the Commission's concerns by considering the discussions of past water issues.
Greg informed the Commission that The Lake Management Study Committee is proposing a Warrant Article for the Annual Town Meeting to restrict watering to one hour a day two times a week with no watering allowed at all on Wednesdays.
Peg informed the Commission that at a recent Finance Committee Meeting, it was suggested that another committee be established to look into issues with regards to water concerns to see how the wetlands are being affected.
9:00 p.m. James Foley and Richard Morse Meet with the Commission:
James Foley appeared before the Commission with his friend, Mr. Tom Hannon.
Mr. Richard Morse appeared before the Commission with his Attorney David M. Thomas, from Donovan Hatem LLP.
Peg said that the purpose of the meeting is in response to a note the Commission received from Mr. Foley requesting, under the SCC By-Law 4.7, that the Commission to reconsider their action on Lot 1 Massapoag Avenue owned by the Morse's.
Peg explained that after reviewing the Commission's By-Law 4.7 and the State Rules and Regulations, the Commission decided to allow Mr. Foley to meet with them to discuss his concerns. In the meantime, the Commission had the Engineer, Mr. Miller visit the site to re-check the situation by re-staking the flags by the field notes.
Mr. Foley explained to the Commission that in 1977 when he purchased his property it was his understanding that the abutting Lot 1 Massapoag Avenue could not be developed because there was too much water on it. He appeared before the Commission to express his concerns regarding the vernal pool in the front and back of the property and the stonewall being in the flood plain at the SCC Hearing of April 4, 2002, and said the Hearing was closed and the project moved forward. Mr. Foley stated that he was unaware at the time that he had recourse to appeal the Commission's action. After he returned home from his Summer vacation, he learned about the appeal process when he obtained a copy of the SCC By-law 4.7. Mr. Foley said that the vernal pool in the back of the property almost never dries up and the flood plain is wet most of
the time. The new house construction would block out his view of the sun 3 months of the year.
Peg explained to Mr. Foley that twice she visited the site for this project and did not find water in the vernal pool in the back of the property. Peg explained to Mr. Foley that there is a section in the Wetlands Protection Act entitled, "A limited project". She said that there are many times when people need to be allowed to impact the wetlands to gain access to areas that are buildable and the way that this particular Lot was configured, this was the only way to access the Lot. The Commission did what they could to protect the wetland resources while still allowing the landowner use of his property. The Commission cannot assume there is a vernal pool on the property until it has been certified.
Peg stated that the Commission acted upon the Plan as they viewed it for the project.
Representing Mr. Morse was Attorney David Thomas who introduced himself to the Commission as the Department Head and Partner in Charge of Government Relations with the Law Firm of Donovan and Hatem. He stated that the Order of Conditions his client received from the Commission is clear, and that his client is in compliance 100% and has relied upon the Order of Conditions for this project.
Page 3 SCC 2/6/03 Meeting Minutes
Attorney Thomas said that it is unfortunate Mr. Foley has appeared before the Commission approximately eight months after the Order of Conditions has been issued. The law is the law, and the matter of his time to appeal any action based on those Order of Conditions has gone by; therefore, the Commission would be creating a situation of irreparable harm and maybe essentially the taking of this property. If the Commission were considering this meeting to be in a form of new evidence or in a form of a new presentation or in a form of a new hearing then he would like to object. Attorney Thomas believes that the SCC By-Law 4.7 Mr. Foley referred to in his letter to the Commission is inapplicable to this situation and is well beyond the statutory time period of 60 days.
Attorney Thomas and Mr. Morse met with the Mr. Miller a week ago. All documents pertaining to this project have been reviewed and Attorney Thomas believes that they are well within their rights to build on the property.
Attorney Thomas said, for the record, that there is a problem to date regarding this project that Mr. Morse has voluntarily complied with; specifically, the Building Inspector revoked his foundation permit after receiving a letter from Mr. Foley.
Attorney Thomas stated that he and his client want to be in a position to work with the Commission, the Town, and the neighbors regarding this project. If any further explanation is needed or if they need to make sure that they are in compliance with the present Order of Conditions they are willing to comply. However, to be put in a position approximately 8 months later to have to now re-justify or re-submit what was once approved, he does not think would be fair.
Attorney Thomas expressed his appreciation to Greg for doing a wonderful job on this project.
Peg stated that the Commission is very confident that they did the best job that they could with the information that was presented to them.
Peg informed the parties concerned that the Commission would be in contact with them before the next Conservation Meeting on February 27th.
9:40 p.m. Signatures:
The Commission signed bills and Deed for Wyman Lane, 2,500 sq. ft.
9:50 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank moved. Peter seconded. Voted. Unanimous.
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