Conservation Commission
Meeting
September 9, 2004
Peg Arguimbau Chairman, Stephan Glicken, Katherine Roth, and Stephen Cremer were the members present.
7:45 p.m.: RDA Public Hearing continuance 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 reviewed with the Commission the proposed revised wetland delineation plan dated 8/2/04.
Forrest discussed with the Commission the following concerns that Greg presented after his review of the proposed delineated wetland resource areas of the site.
The mean annual high boundaries determined by the extent of flooding in the area of the vernal pool may not be accurately depicted on the proposed plan. (Wetland flags numbered TOB-45 to TOB-55.)
The possible presence of a small wetland in the area of wetland flags numbered TOB-15 to
TOB-25. (To the northerly side of the stream.)
The possible presence of a wetland area in the hemlock grove section of the property.
Stephen Cremer stated that he reviewed the proposed project site and expressed the following concerns regarding wetland flags numbered B-5 through B-10.
The vegetated wetland in the vicinity of wetland flags numbered B-5 to B-10 appears to be depicted smaller on the proposed plan than what he has observed at the site. Stephen suggested that the wetland line shown on the proposed plan be modified to extend further downward. He is also concerned that the wetland areas in the vicinity of the proposed septic system and tree line have not been accurately
depicted on the proposed plan. He feels that those wetland areas are in closer proximity to the proposed septic system and tree line than what is depicted on the proposed plan.
Forrest stated to the Commission that he has found metamorphosed wood frog juveniles and adult wood frogs in sufficient quantities to verify the certification of the vernal pool on the proposed site.
Stephen Cremer stated that some portions of the vernal pool boundaries appear to be closer to the stone wall at the site than what is depicted on the proposed plan.
Forrest proposes to meet with Greg at the site on September 16 to address the wetland resource areas as discussed by the Commission.
The Commission concurred to visit the site after September 16 to inspect the revisions made to the wetland resource areas for the proposed project.
Peg called for a motion to continue the hearing until September 23, 2004 at 7:45 p.m.
Stephen Cremer moved. Katherine Roth seconded. Voted. Unanimous.
8:00 p.m., N.O.I. Public Hearing filed by the Sharon DPW for the proposed installation of a 2 ½"
bituminous binder course between 331 and 371 Mountain Street. DEP File Number SE-280-459:
Richard Gray of 756 Mountain Street, submitted certified copies of recorded legal documents to the Commission. A cover letter addressed to the Commission will follow explaining his position including a list of the material that he would like to be considered for the hearing when the hearing is re-opened at a later date.
Peg opened the hearing.
Eric Hooper, Superintendent of Public Works, appeared before the Commission and submitted a written request that the Commission continue the scheduled hearing regarding the proposed installation of a 2 ½"bituminous binder course between 331 and 371 Mountain Street until September 23, 2004 because the abutter notifications were inadvertently not sent out.
Peg called for a motion to continue the hearing until September 23 at 8:00 p.m.
Stephen Cremer moved. Stephan Glicken seconded. Voted. Unanimous.
Page 2 SCC 9/9/04 Meeting Minutes
8:20 p.m., George Bailey met with the Commission to discuss the use of CPA Funds:
George appeared before the Commission to discuss the use of CPA funds and the possibility of applying the funds towards the purchase of the Rattlesnake Hill Parcel.
George explained to the Commission that if the CPA Act is passed on the November 2 ballot, it would yield approximately $300,000 a year, allocating up to 80% to a single classification and the other 20% being allocated for housing and historic preservation.
(2 ¼% of the tax rate impact would be reduced to 1.33%.)
George discussed with the Commission information he received from the CPA group in Boston describing a situation in Ashland in which the Town passed a bond issue for open space and that it was done prior to their acceptance of the CPA Act.
Peg stated that she would seek the advice of Attorney Gelerman regarding strategies in obtaining CPA funds for the acquisition of Rattlesnake Hill.
George recommended that the Commission meet with the Historic District Commission before
November 2 to discuss the Town's long-term open space needs.
Peg is meeting with Finance Commission on September 13 and will discuss the CPA option at that time.
8:40 p.m., Dr. Fred Martin to discuss the Housing Appeals Committee Meeting regarding King Philips Rocks:
Greg and Dr. Fred Martin attended a HAC Meeting held in Boston on Friday, September 2, 2004.
(Regarding King Philip's Rocks.)
Dr. Fred Martin explained to the Commission that there were six people against the proposed development and two in favor of it.
The Chairman at the HAC Committee meeting stated that the biggest issue regarding this matter is open space.
There will be an informal negotiation period until October 2. If the negotiations fail it will be 60 days until the next hearing before the HAC.
The Commission agreed to ask Janet Dunlap if she would like to consider registering as the attorney for the Commission, which is presently not being represented.
At the HAC meeting Town Counsel stated that he cannot be the attorney for two boards, which may in the future, come into conflict.
The Chairman of the Housing Appeals Committee, Werner Lowe, stated that he would be the sole judge and he said that counsel should represent all pro-se parties. It is expected that the statement of issues, witnesses and exhibits will be due in 90 days.
Written testimony will be submitted by the developer, then by the Town and the Commission and then rebuttal on both sides. There will then be an Open Meeting in Sharon where the witnesses will be cross-examined on their testimony. Finally, a transcript will be prepared, legal briefs will be filed, and the Chairman will make his decision.
The Commission agreed to negotiate for no more than four houses for this decision.
9:15 p.m., Signatures:
The Commission signed bills. Order of Conditions for Herb Chambers LLC of Sharon.
DEP File # SE-280-454.
9:20 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the 8/19/04 Meeting Minutes as amended.
Katherine Roth moved. Stephen Cremer seconded. Voted. 3-0-1.
Page 3 SCC 9/9/04 Meeting Minutes
9: 25 p.m., Old/New Business:
Peg called for a motion for the construction of an experimental rip-rap barrier, approximately 12 to 18 inches, across the width of the Cedar Swamp drainage ditch. (The rip-rap barrier to be installed above the pipes that carry the water underneath the stream.) The Army Corps of Engineers is to be notified to start accumulating information and to begin the work as soon as feasible.
Stephen Cremer moved. Stephan Glicken seconded. Voted. Unanimous.
9:30 p.m., Adjournment:
Peg called for a motion to adjourn.
Stephen Cremer moved. Katherine Roth seconded.
Voted. Unanimous.
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