Conservation Commission
Meeting
May 18, 2006
Peg Arguimbau Chairman, Hank Langstroth, Christine Turnbull and Katherine Roth were the members present.
7:45 p.m. Christine Odiaga, Wetlands Technical Assistance Specialist from the DEP’s Wetlands Circuit Rider Program, briefly met with the Commission to introduce herself and discuss the program:
Christine appeared before the Commission and explained that the Circuit Rider Program is basically an outreach and education program for regulated communities. The program provides technical assistance and training to Conservation Commissions regarding the implementation of the State's Wetlands Protection Act. Christine presented the Commission with a variety of informational brochures relating to workshops and training sessions offered by the program. Greg inquired as to whether Circuit Riders perform consultant work concerning wetland resource area delineations. Christine replied that Circuit Riders could only provide general guidance to commissions relating to wetland delineation requests. Christine informed the Commission of a new DEP regulation concerning guidelines for a new river or stream crossing: Any new
crossing, whether intermittent or perennial, needs to have a bridge, an arch, or an embedded culvert. The concept of this new regulation is that, in addition to providing a passageway for water, it is necessary to re-create a streambed to provide continuity for
the existing habitat. Christine explained her work experience to the Commission: Hydrogeology. President of the Northeast Chapter of the International Erosion Control Association. Former Conservation Agent. Greg inquired as to whether she could perform an on site inspection concerning an existing Cranberry Bog in Sharon to determine the type of regulated protection the bog would have if proposed for a different use. Christine stated that she could perform the inspection and seek the assistance of a DEP office analyst, if necessary, for a determination. The Commission extended their appreciation to Christine for her presentation and stated that they would consult with her, when necessary, concerning future projects.
Christine observed the remainder of the Commission meeting from the audience.
8:00 p.m. ANRAD Public Hearing filed by Sharon – Walpole LLC for the proposed review of the wetland
resource boundary on property at 0 and 225 General Edwards Highway. DEP# SE-280-0478:
Gregory Sampson from BSC Group appeared before the Commission to represent the Applicant.
Abutters/Interested Persons were present in the audience. (See attached list.)
Gregory Sampson submitted the green abutter cards to the Commission and a proposed plan entitled,
“225 General Edwards Highway in Sharon/Walpole MA Existing Conditions Plan" dated 4/19/06. The size of
the proposed parcel is approximately 30 acres and is located near the Walpole Town Line. A Lexus Dealership
is north of the site. A stream flowing through the proposed site eventually empties into Spring Brook. Undeveloped land is located in the southern portion of the property. A Superseding Determination of Applicability was issued in 2000 by DEP for a previous filing on the site. At that time, DEP identified the stream as a river, subject to a 200’ Riverfront Resource area. The Superseding Determination of Applicability has since expired. The Applicant is utilizing the 2002 threshold and is declaring this stream as intermittent for
this filing. BSC Group determined the size of the watershed on the property as being less than one-half square mile by using a computerized U.S.G.S. StreamStats program. Gregory Sampson reviewed DEP’s regulation 310 CMR 10.58 (2) a. 1 through c 1, with the Commission and, in his opinion, the stream on the site does not meet the DEP’s regulation requirements to be identified as a river. (If the StreamStats analysis predicts a flow rate less than 0.01 cubic feet per second at the 99% flow duration and less than a one-half square mile watershed size with a 75% or more stratified drift, then the stream does not meet the regulatory requirement for establishing perennial flow.) Gary Sampson requested the Commission to verify the two resource areas identified on the proposed site by BSC Group. (A BVW and Bank to an
intermittent stream.)
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The Conservation Administrator stated that trout was documented as thriving in the stream on the site during the previous 2000 filing with the Commission.
Abutter, Bill Goode - 24 Carriage Lane, Walpole: Stated that he submitted photographs of brook trout that he caught in the stream on the site when the previous application was filed with the Commission. He also stated that the stream is constantly flowing on the site and believes that underground springs are in the area of the former Sansone site.
Abutter, Bob Higgins - 2 Carriage Lane, Walpole: Explained to the Commission that the stream on the proposed site flows through his property before discharging into Spring Brook. He stated that a lawsuit is pending concerning the Walpole Country Club and Sansone Bros. Apparently, it was determined that silt from the former Sansone property was being washed downstream and under Old Post Road before discharging into Spring Brook.
It was his opinion that springs might be present in the area of the former Sansone Gravel Pit.
Bob Higgins was present when Simpson Builders submitted their original plan with the Planning Board in November 2005. Bob recalled that construction of the project could not be proposed near the Walpole side of the stream as the stream was considered perennial. He inquired if a snow removal plan would be included
in the proposed project.
Spencer Welton from Sharon-Walpole LLC, explained that the original site plan presented to the Planning Board did not include construction on the side of the stream near Walpole due to setback limitations.
He stated that the site is difficult to develop due to steep slopes, highway access, and a limited build area due to wetland setback requirements.
The Commission agreed to perform a review of the wetland delineation and watershed area of the site for the proposed project.
Peg requested to review the original proposed site plan defining the 200’ Buffer Line with requested variances at the next Commission meeting.
Greg requested Christine Odiaga to clarify from DEP as to whether the StreamStats program takes precedence over closer on site analysis.
Christine stated that she would discuss the issue with the DEP office analysts and report back to the Commission.
Peg called for a motion to continue the hearing until June 1.
Hank Langstroth moved. Katherine Roth seconded. Voted. Unanimous.
8:45 p.m. The Commission to review a smaller revised scope plan for Weiner, 24 Laurel Road, DEP File # SE-280-0474:
The Applicant appeared before the Commission with his Attorney, Joel Fishman and submitted a revised plan
dated 5/6/06 to the Commission. Joel Fishman explained that the overall scope of the proposed project has been reduced and both additions are 40’ from the edge of the BVW on the site. The revised plan was previously reviewed and approved by Joe Kent. The addition on the left side of the house is proposed to be revised from 28’ x 28’ to 16’ x 14’. The addition on the right side of the house is proposed to be revised from 28’ x 24’ to 32’ x 24’.
Peg requested that the Applicant submit a letter to the Commission requesting the approval and acceptance of the revised plan dated 5/6/06 and to send a copy of the letter and revised plan to the DEP.
Peg called for a motion for the Commission to accept the amended action to the overall proposed revised plan.
Katherine Roth moved. Hank Langstroth seconded. Voted. Unanimous. 4-0-0.
9:00 p.m. The Massapoag Brook Neighborhood Association met with the Commission to discuss
applying for CPA funds toward the purchase of the Glendale Village property:
Mary Tobin, Lois Miller and Alice Cheyer appeared before the Commission.
Mary Tobin read aloud the attached letter to the Commission stating that The Massapoag Brook Neighborhood
Association is considering submitting an application to the CPA Committee to fund the11± acre parcel located between Glendale Rd. /Glenview Rd. /Rob's Lane and Billings Street for protection against 40-B development.
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The Massapoag Brook Neighborhood Association requested that the Commission support their effort
to secure funding from the CPA to preserve the open space parcel. The parcel is comprised of wetlands
including certified vernal pools and an intermittent stream.
A portion of this parcel also contains a connecting trail that was established by the Commission in 1965. The Association requested that the Commission address a letter to the CPA Committee in support of this effort. The Association is also considering fund raising efforts to help acquire the parcel. Katherine Roth explained that the money the Town is expected to raise this fiscal year for CPA Funds is approximately $300,000 with a 100% match from the State. The CPA Committee votes on which project applications to recommend at Town Meeting. She encouraged the Association to submit articles to the press to help gain support for the project.
Alice Cheyer explained that she worked out a table concerning a 1 million-dollar bond to purchase the parcel. She stated that it is within the range of possibility to propose a bond. (The repayment of a 20-year bond to acquire this open space parcel would consume less than 20% of the total available CPA funds over a 20-year period.)
Peg called for a motion for the Commission to draft a letter to support The Massapoag Brook Neighborhood Association’s application to the CPA Committee for the open space purchase of the 11± acre parcel between Glendale Rd. /Glenview Rd. /Rob's Lane and Billings Street.
Katherine Roth moved. Hank Langstroth seconded. Voted. Unanimous. 4-0-0.
9:15 p.m. Old/New Business:
Richard Godmintz met informally with the Commission and presented a proposed plan dated 3/31/06.
The plan shows the new septic system proposed further away from the wetlands on the site, as requested by the Commission.
The Applicant presented the following information to the Commission: Notification of the assigned DEP File #SE-280-0477, the required filing fees for the N.O.I. Application, the notified abutters list, and photographs of the proposed project site.
The Commission determined that the hearing date for the proposed project would be re-advertised for June 1so that the Applicant can notify the abutters of the proposed project by certified mail/return receipt requested, as required by the DEP. Greg stated that he would attend the upcoming ZBA meeting with the Applicant to inform them of the Commission’s approval of the proposed project and that the Order of Conditions would be forthcoming.
9:20 p.m. Approve Past Meeting Minutes:
The Commission accepted the May 4, 2006 meeting minutes as presented.
Katherine Roth moved. Christine Turnbull seconded. Voted. 3-0-1.
9:25 p.m. Signatures:
The Commission signed bills. Order of Conditions for Weiner, DEP File # SE-280-0474.
9:30 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Katherine Roth seconded. Voted. Unanimous. 4-0-0.
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