Conservation Commission
Meeting
January 13, 2005
Peg Arguimbau Chairman, Stephan Glicken, Hank Langstroth, Stephen Cremer, and Katherine Roth were the members present. Janet Dunlap arrived at 7:50 p.m. Peter Holden arrived at 8:45 p.m.
7:45 p.m., N.O.I. Public Hearing filed by Noah Siegel for the proposed installation of a
seasonal dock at 54 Lakeview Street. DEP File # SE-280-463:
Noah Siegel appeared before the Commission and submitted a site plan dated 5/22/04 as part of the Chapter 91 license application for the installation of a floating seasonal dock. Noah stated that the proposed dock is intended for private boating and recreational activities. The dock is removable and would be stored on his property when not in use.
A review by the Natural Heritage & Endangered Species Program resulted in the finding of possible presence of the Eastern Pond Mussel in the vicinity of the proposed project. This species is listed as a species of "Special Concern" and protected pursuant to the MA Endangered Species Act. Natural Heritage stated that the proposed project has the potential to adversely affect the actual habitat of the Eastern Pond Mussel. A freshwater mussel survey on the subject property is required by Natural Heritage to provide more information regarding this issue.
The Commission determined that they would refer the matter of performing a freshwater mussel study to The Lake Management Committee.
Noah agreed to allow The Lake Management Committee access to his property for the rare species habitat assessment.
Noah explained to the Commission that he has since learned from the initial filing of this application that there are significant differences in the stability between the following two types of seasonal docks:
Floating dock -
(Cinder blocks would be used to secure the dock. The cinder blocks may move along the floor of the Lake in a back and forth motion due to wind and wave action and possibly compromise the stability of the dock.)
Standing dock-
(Aluminum planking would be used to secure the standing dock.
The footprint of a standing dock is approximately the same size as a brick.
Aluminum planking material is more environmentally friendly than cinder
blocks and would provide better stability.)
Due to Noah's concern with the stability of the floating dock, he stated that he would
prefer to pursue the standing style dock for the proposed project. The standing dock would also be removable and stored on his property.
The Commission agreed that a standing dock is preferable, as it would have less of an environmental impact on the proposed project and may possibly alleviate concerns regarding the presence of the Eastern Pond Mussel.
Peg requested that the Applicant submit an addendum to the initial filing with the Commission and to send a copy to DEP reflecting the actual change regarding the type of dock proposed (from a floating to a standing dock).
Peg called for a motion to continue the Hearing until January 20, 2005 so that the Applicant may submit the addendum to the Commission.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
8:00 p.m. N.O.I. Public Hearing filed by Old Post Road LLC for the proposed construction of a residential development with associated roadway, utilities and stormwater management at 635 Old Post Road. DEP File # SE-280-462:
Page 2 SCC 1/13/05 Meeting Minutes
Present before the Commission - The Applicant, Steve Striar (Old Post LLC), Gavin Cockfield, Attorney for the Applicant, John Zimmer Consultant, Erik Skadberg Engineer, abutters/interested persons. (See attached list)
John Zimmer submitted the green abutter cards to the Commission.
Erik Skadberg and John Zimmer reviewed with the Commission, proposed (40B) Site Plan entitled, "The Residences at Old Post Road" 9/17/04, last date revised.
Proposed is a residential complex, 2 buildings, 33 units in each building, age restricted housing.
The site consists of approximately 18 acres bordering Route 1 to the east, a residential development to the south and west and Walpole Country Club to the North.
The proposed grade work and construction of stormwater management utilities are located within the 100' Buffer Zone to a BVW.
In the wetlands area, a detention basin exists inside the 100' Buffer Zone of a BVW.
Infiltration units are proposed to control the roof water runoff flowing into three 4 x 4 leaching galleys (they all have overflows). Deep sump catch basins, Vortechnic Units, and Stormceptors are proposed to pre-treat the stormwater runoff. The infiltration units are designed for a 100-year storm event.
Infiltration galleys are proposed to be installed underneath the roadway. The excess water flow to discharge into catch basins and then piped down through galleys.
The relief of the proposed retaining wall is approximately 8' from top to bottom.
Greg requested to have the mean high water line at Spring Brook established for the proposed project.
Stream 3 located on the property is considered to be an intermittent by statute due to the tributaries associated with it.
Greg raised the issue of possibly placing a Conservation Restriction on the back portion of the parcel.
The Attorney for the Applicant stated that during a meeting with the Zoning Board regarding the proposed comprehensive permit, the issue regarding a Conservation Restriction was not discussed. However, they did discuss the possibility of allowing public access to the trail on the property for recreational use.
Peg stated that the issue of placing a Conservation Restriction on the back portion of the property could be discussed further at another meeting.
Peg requested that the Applicant keep the proposed construction 25' from the Buffer Zone at the trail end of the site for public access.
Stephen Cremer asked who would be responsible for maintaining the proposed septic system.
The Attorney for the Applicant stated that the Unit Owner Association of the proposed complex would be responsible.
Abutter John Lee, 509 Old Post Road, Sharon - explained that he is a direct abutter to the proposed parcel. He stated that in 1963 two house lots were proposed for the parcel and now sixty-six units are proposed. John said that no other project in the Town of Sharon has a density of this magnitude.
John voiced his concern regarding the amount of groundwater discharging into the wetlands from the proposed project. He feels that the topography of the proposed site is going to change drastically from the hills on the site being removed and the installation of the retaining wall. John expressed his concern regarding the stream on the parcel, which is sometimes referred to as an intermittent. John received a letter in 2001 from The Natural Resource Conservation Service identifying the stream on the site as a perennial.
John's neighbor, Russ Kitteridge, wrote a letter stating that he has always seen the stream on the site flow as a perennial stream.
John feels that the Applicant is referring to the DEP definition of the drainage area for a perennial stream. However, John stated that it is important to consider that the drainage area doesn't always go with the topography because of large sand deposits in the area.
Page 3 SCC 1/13/05 Meeting Minutes
John also noted that the sand deposits from Moose Hill feed downward into the project site.
John voiced the Walpole Country Club's concern to the Commission regarding the possible flooding of the 16th hole on their property due to the change in the impervious surface of the proposed site and the groundwater flowing into the wetlands.
The Attorney for the Applicant stated that appeals have been filed opposing the ZBA's approval for the comprehensive permit application.
Peg requested that additional haybales would be necessary to stabilize the erosion control at the 25' Buffer Zone in the eastern area of the site.
The Commission agreed to perform a site visit.
Peg called for a motion to continue the Hearing until February 3rd at 8:00 p.m.
Stephan Glicken moved. Stephen Cremer seconded. Voted. Unanimous.
Peter Holden arrived at this point
8:45 p.m. Other Business:
Update - Proposed Conservation Restriction (from The Trustees
of Reservations to The Kendall Foundation) for Moose Hill Farm.
Peg stated that the language in the proposed Conservation Restriction is being revised. This will result in the Commission obtaining a little less land for the Restriction. However, more of the land will be free and clear.
Update - Affordable Housing Proposal - Planning Board
Peg stated that Eli Hauser and Gina Maniscalco propose to meet with the Commission in early February to discuss releasing portions of Conservation Land parcels for affordable housing development.
The Commission determined to categorize the Conservation Land parcels proposed for discussion.
Stephan Cremer made a motion that the Commission make a statement that all land donated to the Town should not be released for any other purpose other than conservation.
Peter Holden seconded. Voted. Unanimous.
9:00 p.m. Executive Session:
The Commission unanimously voted to enter into Executive Session for the purpose of discussing Rattlesnake Hill negotiations.
9:10 p.m. The Commission unanimously voted to adjourn from Executive Session.
9: 15 p.m. Signatures:
The Commission signed bills. Certificate of Compliance for A.G.M., Inc. 158 Wolomolopoag Street, Lot 3 only. DEP File # SE-280-436.
9:20 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the December 16, 2004 Meeting Minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 5-0-2.
9:25 p.m. Adjournment:
Peg called for a motion to adjourn.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 5-0-0.
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