Conservation Commission
Meeting
August 10, 2006
Peg Arguimbau Chairman, Hank Langstroth, Christine Turnbull, Katherine Roth, Janet Dunlap and Stephan Glicken were the members present.
7:45 p.m. N.O.I. Public Hearing filed by Howard Glaser for the proposed repair of the septic systems located at 70, 72, 74 and 76 Cedar Street.
In addition to the work associated with the septic repairs, the porch footings at 72 Cedar Street
are to be repaired:
Abutters/Interested persons were present in the audience. (See attached list.)
Howard Glaser appeared before the Commission and stated that these properties have been in the family for over 50 years. All of the lots contain cesspools that are proposed to be replaced for this project. The Applicant received the following guidance from the Board of Health:
70, 74 and 76 Cedar Street – restricted to 2 bedrooms.
72 Cedar Street – restricted to one bedroom.
The systems for 74 and 76 Cedar Street will require pumping to a higher location to meet
groundwater separation.
Certain variances were granted by the Board of Health to gain maximum setback from the BVW.
Mr. Glaser requested that the Commission delay their decision on the porch at 72 Cedar Street, until he decides whether he will raise and rebuild the porch and its foundation. He will contact his contractor concerning the proposed project.
No DEP file number has been issued at this time for the proposed project.
The Applicant will keep the cesspools in operation for the time being.
The Commission unanimously voted to continue the hearing until September 7, 2006 at 7:45 p.m.
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:
Abutters/Interested persons were present in the audience. (See attached list.)
Greg Sampson from BSC Group, Bill Caulder from the Gutierrez Company, Patrick McMahon from
Simpson Housing and Attorney, Roy Cramer, appeared before the Commission.
Greg Sampson submitted a memo to the Commission to respond to some questions concerning the
proposed Conservation Restriction as well as utility and access easements from General Edwards Highway to Old Post Road for water, sewer and other utility services when a Notice of Intent is filed with the Commission for development of the property. He also responded to questions regarding the regulatory definition of a Riverfront.
Attorney Roy Cramer indicated he has spoken to Jim Mahala from DEP and
Rachel Fried from Northeast Region, by the new definition, if a watershed is less than .50 square miles, a stream is identified as intermittent.
The Applicant submitted proposed revised plans dated June 21, 2006:
4 corner units.
3 story high buildings are proposed.
156 units with onsite septic and reserve area.
(If service to Walpole sewer is possible – 190 units would be proposed in a phased sequence.)
The 150 unit plan proposes to maintain the 50’ Wetland Buffer, and/or the 100’ Buffer from the stream with the exception of a few locations. For roadway construction purposes, there would be perhaps 10’ of temporary disturbance within the proposed Conservation Restriction area.
Page 2 SCC 8/10/06 Meeting Minutes
The Gutierrez side in a preliminary planning stage would possibly contain 4 duplex units.
Katherine Roth was concerned with setting a precedent in declaring this stream as intermittent, since in its lower stretch there has been documentation of native Brook Trout. Hank, Kathy and various other members stated that the Commission should reference the past Superseding Determination issued by DEP as of a procedural importance, in any decision.
Peg called for a motion to issue an Order of Resource Area Delineation referencing findings in the previous Gutierrez Superseding Determination of Applicability and the Commission’s current determination that the Stream on the site does not meet the technical, legal definition of perennial. The Commission accepts the delineation of the BVW depicted on the submitted revised plan entitled, "Existing Conditions Plan sheets 1 & 2 prepared for Sharon-Walpole LLC, for BSC Group. Dated 6/21/06."
Hank Langstroth moved. Janet Dunlap seconded. Voted. 4-1-1. (Katherine Roth voted against the motion. Christine Turnbull abstained.)
Hank Langstroth and Katherine Roth expressed their concern that the Commission would have no way to enforce the implementation and execution of the Conservation Restriction. The Commission
had a long discussion regarding this subject.
8:30 p.m. Abbreviated Notice of Intent filed by Drake Realty Trust for the proposed site preparation and grading associated with construction of a single family house at 13 Drake Circle:
Peg opened the hearing in the absence of the Applicant.
Peg called for a motion to continue the hearing until September 7, 2006 at the Applicant’s request,
pending a scheduled site review for Tuesday, August 15, 2006.
Janet Dunlap moved. Hank Langstroth seconded. Voted. Unanimous.
8:45 p.m. N.O.I. Public Hearing filed by Marc Malefatto for the proposed repair and upgrade of the on-site septic system at 7 Gabriel Road DEP File #SE-280-0480:
Jeff Furtado from Collins Engineering appeared before the Commission and explained that the proposed project is to repair the septic system on the property due to a failed system. The erosion control is proposed at 16’ from the wetland area on the site. The leaching system for the septic system is proposed 51’
from the wetland line. The Board of Health has approved the proposed plan.
The Commission requested that the leaching pit be pumped and filled with sand for the proposed project.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant as per submitted plan entitled, "Plan & Details Subsurface Sewage Disposal System Upgrade. Dated July 14, 2006."
Janet Dunlap moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
9:00 p.m. Other Business:
Peg read aloud a letter to the Commission from Peter O’Cain requesting permission to install a guardrail and to relocate a portion of a sidewalk on the curve on Beach Road, adjacent to Memorial Park Beach on the High School side. The DPW would like to get this work done before school opens.
The members of the Commission requested that erosion control measures be installed before the start of work.
Peg read aloud a letter to the Commission from the abutters of the Glendale Village proposed 40B
Development. The letter was concerning Mr. Bailey’s comments as Chair of the CP Committee before the Finance Commission Meeting. Mr. Bailey offered his opinion before the Committee had actually discussed it.
The next CPC Public Hearing is scheduled for August 29, 2006.
Page 3 SCC 8/10/06 Meeting Minutes
9:30 p.m. Executive Session:
Janet Dunlap moved to enter into executive session to discuss Real Property Acquisition.
Stephan Glicken seconded. Voted. Unanimous.
9:45 p.m. Adjournment from Executive Session:
Stephan Glicken moved to adjourn from executive session. Janet Dunlap seconded. Voted. Unanimous.
9:50 p.m. Signatures:
The Commission signed bills. Order of Conditions for Marc Malefatto, 7 Gabriel Road.
DEP File #SE-280-0480.
9:55 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephan Glicken seconded. Voted. Unanimous.
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