Conservation Commission
Meeting
July 6, 2006
Peg Arguimbau Chairman, Hank Langstroth, Stephan Glicken, Katherine Roth, Janet Dunlap and Stephen Cremer were the members present.
7:45 p.m. Executive Session:
Peg called for a motion to enter into executive session to discuss Real Property Acquisition.
Hank Langstroth moved. Stephan Glicken seconded. Voted. Unanimous.
7:50 p.m. Adjournment from Executive Session:
Peg called for a motion to adjourn from executive session.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
7:55 p.m. Glendale Village Realty Trust – Request for Extension Permit for Order of Resource Area
Delineation issued on August 25, 2003. DEP File # SE-280-440:
Greg explained to the members of the Commission that the Order of Resource Area
Delineation issued by the Commission to Glendale Village Realty Trust on 8/25/2003 is due to
expire on 8/25/06. He met with John Rockwood from EcoTec, Inc., on June 29, 2006 at the
proposed project site to review the boundaries of the BVW Resource Areas on the site and the
delineation of the Mean Annual High Water Line of Massapoag Brook that the Commission
approved in the initial filing. During this inspection, John Rockwood noted the wetland flags that
needed to be re-established. Greg confirmed that the delineated wetland line approved by the
Commission in the previous filing was not altered during this process.
The vernal pools identified in areas Y and Z on the proposed project site have been
certified by the NHESP since the initial filing.
It was the consensus of the Commission to grant the Applicant's request for an extension permit
for the proposed project.
Peg called for a motion to approve the Applicant's request for a two-year extension permit.
Hank Langstroth moved. Janet Dunlap seconded. Voted. Unanimous.
8:00 p.m. ANRAD Hearing Continuance filed by Sharon-Walpole LLC for the proposed review of the wetland resource boundary on property at 0 and 225 General Edwards Highway. DEP FILE # SE-280-0478.
Applicant, Spencer Welton from Sharon-Walpole LLC appeared before the Commission with Gregory Sampson from BSC Group. Abutters/Interested Persons were also present. (See attached list.)
Spencer Welton stated that the Sharon-Walpole LLC has been designing a new plan to maximize the proposed development site on the Rte. 1 side of the stream and to preserve the stream and the adjacent wetlands on the property. The goal of the Applicant is to achieve enough buildable space on the Rte. 1 side of the stream to complete the proposed project. The Applicant discussed a potential conservation easement proposal with the Commission for this project. (The area on the proposed site plan outlined in yellow.) The proposed easement would extend up to the 100' buffer line on the Rte. 1 side of the stream and the 200' buffer line on the other side of the stream and preserve a large wetland area on the project site.
The Applicant explained that the proposed easement is contingent upon the Commission's agreement to identify the stream on the site as an intermittent. (In a 2000 filing, DEP identified the stream on the site as a river, subject to a 200’ Riverfront Resource area. The Applicant is utilizing the 2002 threshold and is declaring this stream as intermittent for this filing.) The Applicant would attain the necessary buildable area on the Rte. 1 side of the stream to complete the project and still maintain the goal of the Commission to protect the stream and adjacent wetlands if the Commission accepts this easement.
The Applicant is willing to grant the conservation easement forever as a condition to this proposal.
Page 2 SCC 7/6/06 Meeting
Spencer Welton agreed to include the proposed conservation easement area on a site plan when filing a Notice of Intent Application with the Commission.
The Commission expressed their concern of setting a precedent regarding future filings if they consider changing the definition of the stream on the site from perennial to an intermittent for this project.
Greg stated that he would contact the DEP to verify their jurisdiction concerning a stream definition.
The Applicant proposed a potential change in the original housing design plan to the Commission that would include eight single-family home lots on the Walpole Country Club side of the stream to insure the fate of the back portion of the site. Spencer Welton explained to the Commission that he discussed this new proposal with The Gutierrez Company and Abutter Bob Higgins and reported that their response was favorable.
The Commission explained to the Applicant that there is a 75' minimum No Disturb requirement for the wetlands on the steeper slopes of the proposed project site.
Hank Langstroth inquired if the Applicant was able to obtain any drainage calculations from Mass Highway in the area of the proposed site. Gregory Sampson stated that Mass Highway couldn’t provide sufficient information as the construction of Rte. 1 was completed before the State's Stormwater Management Policy was established. The engineers from the BSC Group have reviewed the delineation of the on-site watershed and compared it to the high and low flow rates of Rte. 1 and found that it was consistent. The watershed size calculated by the StreamStats Program is less than one-half square mile. Based on aerial photograph interpretation, the engineers from the BSC Group calculated that the watershed area on the proposed site
is 13% impervious.
Spencer Welton explained that there would be two separate applications filed with the Commission by two different owners for two separate 40-B proposals concerning this housing development proposal.
The scope of the proposed housing development project is as follows:
· The size of the proposed lots range from ¾ of an acre to 1-acre ±.
· A rectangle design is proposed for the septic system.
· 12 proposed units – three story high buildings including a parking garage.
· 12 proposed parking spaces. (1-parking space at ground level proposed for each housing unit.)
The Commission requested the following information be included on a new plan:
· To delineate the proposed leaching field for the septic system on a revised site plan for this
project.
· To delineate the 50' No Disturb Line, 100' Buffer Line, 200' Buffer Line on the revised site
plan.
· To reduce the disturbance to the sloped areas of the proposed site.
· To provide more detail for the lots in the back portion of the site.
Abutter Bob Higgins said that he discussed the Applicant’s potential new proposal concerning eight single-family lots on the Walpole Country Club side of the stream with the Walpole abutters to the proposed project. Bob stated to the Commission that the abutters feel that the housing development proposal is a good resolution as opposed to a possible used car lot or storage site on the property. Bob also received some favorable feedback from the officers of the Walpole Country Club concerning this proposal. Bob inquired if the sale of the Gutierrez parcel would be combined with this proposed project.
Peg explained to Bob that this hearing is only for the Commission to determine the resource area delineation for the Sharon-Walpole LLC for the proposed project. An agreement proposal between the two property owners for combining their parcels may be considered when the Commission receives a N.O.I. Application from either property owner.
Bill Caulder, representing The Gutierrez Company, stated that there are no plans to sell the Gutierrez parcel to Herb Chambers. He said that The Gutierrez Company hopes to achieve an amenable relationship with Simpson Builders, the Town of Sharon and the abutters concerning the proposed housing development project.
Peg stated that the Commission is concerned with preserving the integrity of the stream and adjacent wetlands on the proposed site as much as possible.
Peg called for a motion to continue the hearing until August 10, 2006 at 8:00 p.m.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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8:35 p.m. Other Business:
Open Space Update-
Peg explained to the Commission that she contacted Nancy Braxton, Administrative Director, of the Conway School of Landscape Design concerning updating the Town’s Open Space Plan. Nancy Braxton will notify the Commission in August if the school will be able to provide this service to the Town during their 2007 Winter Term. The cost for completing this project would be approximately $4,000. - $6,500.
Peg will continue her dialogue with Nancy Braxton and inform her that the Commission has requested CPA funds for this project.
The members of the Commission expressed their interest in attaining the services of the Conway School to update the Town’s Open Space Plan.
Peg Arguimbau recused herself from the meeting at this time
8:45 p.m. Janet Dunlap discussed with members of the Commission a development restriction that Peg is proposing to purchase from the property owners of 303 East Street for $10,000. Peg is requesting that the Commission hold this development restriction to protect the property from potential future development.
This restriction would have no effect other than to disallow subdivision of the property.
It was the consensus of the Commission to accept this conservation restriction as a "gift" from Peg Arguimbau.
Peg Arguimbau rejoined the meeting at this time
8:55 p.m. Approve past meeting minutes:
Peg called for a motion to approve the June 1, 2006 executive session meeting minutes as presented.
Hank Langstroth moved. Katherine Roth seconded. Voted. 4-0-2.
Peg called for a motion to approve the June 22, 2006 executive session meeting minutes as amended.
Stephan Glicken moved. Katherine Roth seconded. Voted. Unanimous.
Peg called for a motion to approve the June 22, 2006 meeting minutes as presented.
Stephen Cremer moved. Stephan Glicken seconded. Voted. Unanimous.
9:05 p.m. Signatures:
The Commission signed FY'07 bills. Encumbrance bills for FY'06. Extension Permit for Glendale Village Resource Area Delineation, DEP File # SE-280-440.
9:10 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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