7:45 p.m.: ANRAD Hearing Continuance filed by Akinyemi Arokodare submitted wetland resource area delineation at 214-218 Mountain Street. DEP #
SE-280-456.
Paul Finocchio from P.J.F. & Associates represented the Applicant and submitted revised site plan dated 8/13/04 to the Commission. Paul stated that there is no work proposed beyond the brook area of the property.
The Commission approved the following delineated wetland lines located inside the resource areas of the proposed project site:
The flagged wetland line identified as A1 through A20.
The flagged wetland line identified as 1A through 13A.
The flagged wetland line identified as B1 through B13.
The relocation of wetland flag # 1-1 (it was moved 6' closer to the street).
The Commission requested that the Applicant address the issue of a potential certified vernal pool within the wetland resource area of the proposed site in the spring of 2005.
Hank called for a motion to close the hearing and to issue the Order of Resource Area Delineation to the Applicant.
Stephen Cremer moved. Janet Dunlap seconded. Voted. Unanimous.
8:00 p.m., N.O.I. Hearing Continuance filed by Charles & Nick Mirrione of Mirrione Realty Trust for the proposed construction of a residential subdivision roadway and associated appurtenances & stormwater management at 155-157 North Main Street. DEP # SE-280-452:
Katherine Roth recused herself from the hearing, as she is an abutter to the proposed project.
Attorney Frederick W. Clark, Jr., project manager was present in the audience. Abutter, Daniel Huse was also present.
Scott Faria from Gallagher Engineering represented the Applicant and explained the scope of the proposed subdivision to the Commission:
Scott is redesigning the layout of the house lots for the proposed subdivision due to the Planning
Board's request to add more available open space to the project. (The revised plan would increase
the amount of available open space to 55%.)
The Applicant is meeting with the Planning Board on September 22 to review the proposed
drainage calculations for the project.
The proposed plans for the swimming pool and community building have been redesigned outside
of the 100' Buffer Zone.
2 septic systems are proposed for the project. (1/3 of a leaching field is proposed in the front
portion of the property and 2/3 of a leaching field is proposed in the back section of the
property near North Main Street, located outside of the 100' Buffer Zone.)
A small portion of the roadway and a detention basin is designed inside a 100' Buffer Zone to a
BVW near the sloped area of the site.
Scott presented the Commission with a copy of a proposal from Geotech, Inc. dated 8/11/04, to perform a hydroeologic study to evaluate the existing groundwater flows and to determine the impact of the proposed project on the existing groundwater flows. A groundwater mounding study is also proposed to determine the impact of three detention basins and two leaching fields to the adjacent groundwater flows.
Hank requested that the proposed roadway be redesigned outside of the 100' Buffer Zone and to move back as far as possible any proposed work within the sloped area of the site.
Abutters Katherine Roth and Daniel Huse - 54 Huntington Avenue, presented the Commission with a letter dated 7/9/04, expressing two main concerns regarding the proposed project. - 1. The possible negative impact on the wetland resources from the proposed development. 2. The concept of conservation has been left out of the Conservation Subdivision Design for the proposed development.
(The letter is on file in the Commission's Office.)
Page 2 SCC 8/19/04 Meeting Minutes
Scott explained to the abutters that there are three different resource areas on the proposed site, (the large wetland area in the back of the property and the two smaller wetland areas in the front of the property).
Scott stated that every effort would be made to preserve the wetlands within the Buffer Zone. (25,000 sq.ft. of impact to the conservation areas of the site is proposed for the project). Scott proposes to do extensive tree plantings on the property to replace the ones lost due to construction of the subdivision roadway.
The Applicant is requesting a waiver from the Planning Board to approve vehicle access to the proposed development from North Main Street.
The Commission expressed concern that the charge for the hydrogeologic study was not specific to determine the scope of the impact.
The Commission was also concerned that the open space provided in the proposed plan does not serve the purpose for providing wildlife habitat.
Hank stated that the proposed hydrogeologic study is to be performed for the purpose of determining the pre and post development impact on existing and adjacent properties and any drilling on the proposed site is to be approved by the Commission.
Hank called for a motion to continue the hearing until October 7, at 8:00 p.m.
Stephan Glicken moved. Stephen Cremer seconded. Voted Unanimous.
8:30 p.m., RDA Public Hearing filed by Richard & Brenda Kelly for the proposed delineation of the wetland resource areas at 66 Morse Street:
The Applicants appeared before the Commission.
Forrest Emery, a wetland consultant from the Phoenix Environmental Group, represented the Applicants and submitted a revised site plan dated 8/2/04 to the Commission.
Forrest stated that the Applicants are requesting the Commission to confirm the wetland delineation, vegetation, top of bank, and the certified vernal pool on the proposed site. An intermittent stream is present on the site that flows into a culvert and eventually empties into Lake Massapoag.
The Applicants are proposing to repair the existing septic system, upgrading the existing house and possibly creating a new parcel on their property to sell in the future. 77,000-sq. ft. of upland is required to create a buildable lot in this zoning district.
The vegetated wetlands on the property have been identified by blue flags numbered B1 through B42.
Approximately 62 flags identify the top of bank. Forrest observed the intermittent stream during the dry and wet seasons of the year.
Forrest to address the issue of a potential certified vernal pool on the site.
The Commission agreed to visit the site to inspect the upland area of the proposed property.
Hank called for a motion to continue the hearing until September 9.
Katherine Roth moved. Stephan Glicken seconded. Voted. Unanimous.
8:45 p.m. Abbreviated N.O.I. Public Hearing filed by John McAvoy for the proposed demolition of a existing single-family home due to structural deficiencies and a reconstruction of a new house within the original footprint at 13 Marie Ave.:
The Applicants appeared before the Commission and submitted site plan dated 3/26/04. The green abutter cards were also presented to the Commission. Abutters were present in the audience. (See attached list).
John explained to the Commission that the existing foundation has failed due to the house being built on construction fill approximately 40 years ago. The house has rolled toward the north corner of the house.
The existing house is inside the 100' Buffer Zone. The proposed construction will not further alter the resource area or the BVW, as the reconstruction of the new house will be located within the original footprint.
Joe Kent has inspected the house and submitted a letter to the Applicants stating that the existing foundation has failed and that the original construction is marginal. (The letter is on file in the Commission's office.) An engineering report from HML Associates is also on file in the Commission's office.
Page 3 SCC 8/19/04 Meeting Minutes
John explained the scope of the proposed project to the Commission:
The proposed razing and replacing of the existing structure. A new concrete foundation is
proposed.
The proposed new house would be built on approximately the same footprint. The same number of bedrooms (3) is proposed for the new house.
The septic system was replaced in 2000 and was certified by the Sharon Board of Health.
Abutter Alice Waterman, 212 South Main Street- appeared before the Commission in support of the proposed project. She stated that many years ago a dumpsite existed on the property and the land was never filled in properly. She described the poor ground conditions for the Commission by stating her observations of depressions in the ground being approximately 2' deep in that area.
Hank called for a motion to close the hearing.
Stephen Cremer moved. Katherine Roth seconded. Voted. 4-0-1.
Hank called for a motion to issue the Order of Conditions pending the issue of the DEP file number and submittal of revised plan showing the proposed driveway, septic system and the installation of haybales along the back portion of the property.
Katherine Roth moved. Stephen Cremer seconded. Voted. 4-0-1.
9:10 p.m., Dr. Fred Martin - To discuss King Philip's Rocks and the Mansfield Street Property with the Commission:
Dr. Martin explained to the Commission that Mr. Wluka filed his appeal today to the Housing Appeals Committee regarding the ZBA denial of his 12 unit 40B King Philip Estates proposal.
Dr. Martin stated that the Commission has standing as an abutter to intervene regarding Mr. Wluka's appeal and recommended that the Commission respond to this appeal within 10 days.
Stephen Cremer made a motion to pursue Town Counsel to compose a letter stating the Commission's concerns in relationship to this dispute and to submit the letter to the HAC within 10 days.
Stephan Glicken seconded. Voted. Unanimous.
9:20 p.m., Other Business:
Katherine Roth submitted a copy of an article from the August 8, 2004 Boston Globe Sunday Globe regarding an incident in Norton. "Commercial water siphoning inspires call for tighter curbs".
The article states that a commercial truck was seen pumping water out of Winnecunnet Pond.
The resident who noticed the truck stealing the water from the pond phoned the police and found out that Norton does not have a law against stealing water from a pond. Next month, Norton voters will be asked to approve a bylaw that prohibits siphoning water for commercial uses from any body of water in town.
Greg stated that several years ago a similar incident occurred in Sharon Billings Brook. Greg to follow-up with the Sharon Board of Health.
9:25 p.m., Signatures:
The Commission signed bills. Order of Conditions for John McAvoy, 13 Marie Ave.
9:30 p.m., Old Business/New Business:
Update on Rattlesnake Hill
Peg and Greg met with Brian Joyce and Lou Kafka to discuss releasing the funds previously appropriated in the Environmental Bond Bill. There are no new developments to report.
Update Regarding Town Water Control Structures
Greg announced to the Commission that all the flashboards have been reinstalled in all the Town streams.
The Army Corps of Engineers is scheduled to review the Cedar Swamp drainage ditch Tuesday, August 24.
9:45 p.m. Adjournment:
Hank called for a motion to adjourn. Janet Dunlap moved. Stephen Cremer seconded. Voted. Unanimous.
