Conservation Commission
Meeting
January 5, 2006
Peg Arguimbau Chairman, Stephan Glicken, Janet Dunlap, Stephen Cremer and Katherine Roth were
the members present.
7:45 p.m., N.O.I. Public Hearing filed by Joseph Daly for the proposed demolition of an existing
dwelling and reconstruction of a new dwelling and septic system at 21 Beach Road.
DEP File #SE-280-0471:
Mr. & Mrs. Joseph Daly were present. David Oberlander, P.E., from BDO Engineering appeared before
the Commission to represent the Applicant. David submitted the green abutter cards and a plan entitled,
“Reconstruction of existing house and subsurface disposal system at 21 Beach Road,” dated
October 6, 2005 to the Commission. The proposed project is located within 125' of wetlands on the site.
(A wooded swamp is located southwest of the proposed new construction). The installation of the new
septic system and leaching field is proposed in the front portion of the property approximately 86'
from the wetland area and 125' from Lake Massapoag. Although this filing is for the construction
of a two-bedroom type home, the capacity for the proposed leaching field is designed for a three-bedroom.
The Applicant proposes to demolish the existing house, garage and cottage for this project. The size of
the new house construction is proposed 1/3 larger than the existing house. A 2' high stone retaining wall
is proposed along the driveway. The proposed project is located in Rural Zone 2 within the Surface Water
Protection District. The Applicant is scheduled to meet with the ZBA on January 25, 2006 to seek
two findings and a special permit relating to the proposed project on a non-conforming lot. The
Board of Health restricted the proposed plan to a two-bedroom type home with the following variances:
Reduction of the wetland setback from the proposed leaching area to approximately 86.'
The proposed building and fill. The Board of Health also required a 5' depth to groundwater separation due
to the proximity of the proposed leaching area to Lake Massapoag. (David Oberlander stated to the
Commission that the Board of Health preferred the separation from groundwater versus the innovative
alternative system for this project). David Oberlander proposes to submit a similar filing to the Commission
for a project at 32 Beach Road. He explained to the Commission that the proposed 32 Beach Road project
has been permitted by the Board of Health with a required variance. (5' depth to groundwater separation
with a conventional system and standard Title V technology).
The Commission expressed their concern for the work being proposed within the 100’ Buffer Zone.
Peg requested that a revised plan be submitted to address the following concerns of the Commission:
To delineate the 100' Buffer Line on the revised plan.
The installation of hay bales to clearly define the limit of work area for the proposed razing of the
existing cottage on the site.
That the proposed driveway be constructed from crushed stone material.
To include a side-view profile of the proposed lot on the revised plan to show the elevation and
back section of the site.
The Commission discussed sending a letter to the Board of Health with a copy to the Zoning Board
stating that the Commission is not in favor of changing the existing precedence established by
the Board of Health for alternative treatment in the watershed area of Lake Massapoag and to ask
why the precedent was not applied to this project.
Peg called for a motion to close the hearing pending receipt of the revised plan.
Stephan Glicken moved. Stephen Cremer seconded. Voted. Unanimous. 5-0-0.
Page 2 1/5/06 SCC Meeting Minutes
8:30 p.m. Alan and Marsha Schaffel, 126 Billings Street, to discuss the status of the
proposed Conservation Restriction of a parcel of land located on their property.
The parcel is comprised of approximately 12 acres plus 30,420 square feet:
Alice Cheyer was present in the audience.
Alan and Marsha Schaffel were absent from the meeting. The Commission reviewed
the Schaffel's letter to the Commission. In the letter, the Schaffels explained to the Commission that
they have not yet determined the best entity to hold the Conservation Restrictions for the land.
The members of the Commission agreed to send a follow-up letter to the Schaffels asking
them to proceed with the restriction.
8:35 p.m., Old/New Business:
Katherine Roth informed the Commission that in September 2005 the Town of Easton voted to
support the Town's Community Preservation Committee regarding the purchase of a 40-acre parcel of
land to be used for open space. The parcel is adjacent to the Town's conservation area known as
Wheaton Farm. She is planning to do a presentation at the January 12 Town of Sharon CPA Committee
Meeting to explain the CPA statute.
The Commission reviewed an e-mail from Kurt Buermann pertaining to his proposed
Warrant Article for the upcoming May Town Meeting to acquire the King Philip's Estates parcel.
The members of the Commission agreed that Kurt should obtain the signatures for the petition
required to place the Article on the Warrant for the May Town Meeting; however, there may
be other priorities more suitable for the Commission to endorse.
Peg informed the Commission that the School Committee is interested in acquiring the
Horizons for Youth property for the construction of a new school. The School Committee
anticipates that a new high school may be necessary in the future to the accommodate
the projected future residential developments in Town.
8:50 p.m. Discussion of the CSD By-law:
The Commission discussed amending the CSD By-law for the upcoming Town Meeting as follows:
· The special permitting authority to revert back to the Planning Board.
· To eliminate the additional 10% dwelling unit bonus if the open space remains
accessible to the public in perpetuity through either a full fee dedication to the
Town or a Conservation Restriction with permanent access to the general public.
8:55 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the December 15, 2005 Meeting Minutes as amended.
Stephen Cremer moved. Katherine Roth seconded. Voted. 3-0-2.
9:00 p.m. Signatures:
The Commission signed bills. The Commission signed letters to the Board of Assessors requesting the
abatement of outstanding taxes for the following parcels: Parcel 29-59, 12 Mink Trap Lane.
Parcel 21-84, 25 Black Elk Rd. Parcel 83-80, 8 R Lu Stubbs Lane.
9:05 p.m. Adjournment:
Stephen Cremer moved to adjourn. Stephan Glicken seconded. Voted. Unanimous.
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