Conservation Commission
Meeting
September 6, 2007
Peg Arguimbau Chairman, Stephan Glicken, Hank Langstroth, Stephen Cremer, and Christine Turnbull were
the members present. Janet Dunlap arrived at 8:45 p.m.
7:45 p.m. Eagle Scout Project – Massapoag Brook Footbridge:
Boy Scout Eitan Kenetick appeared before the Commission with a proposal to restore the Massapoag
Brook Footbridge.
The footbridge lies below Mann’s Pond Dam across Massapoag Brook. He explained to
the Commission that the northern abutment of the 16 x 4 footbridge was damaged during
a microburst event in August 2006. He proposes to raise the northern end of the footbridge that
collapsed when a large tree uprooted during the microburst event. Eitan is requesting to work together
with the Conservation Commission, DPW, and Scoutmaster, Howard Spielman, on the proposed project.
The following is the scope of the proposed restoration project:
· To remove fallen tree limbs from the footbridge. (Equipment provided by the DPW would be helpful.)
· To raise the northern end of the footbridge to be level with the southern side.
· To construct an abutment to support the northern end of the footbridge.
· To install a structure to support and retain the embankment for the Massapoag Trail.
· To design a rope railing for the footbridge.
The Commission agreed to offer their support in Eitan’s proposal to restore the Massapoag Brook Footbridge.
Stephen Cremer offered his assistance in constructing a crib from pressure treated wood, made from
environmentally safe material, to support and retain the embankment for the Massapoag Trail.
Peg suggested that Eitan contact Howard Spielman to arrange a meeting with the Conservation Administrator,
Greg Meister, along with Joe Kent, and Kevin Weber from the DPW to discuss the proposed project.
8:00 p.m. N.O.I. Hearing continuance- Peter Savage, for the proposed installation of an in-ground
swimming pool and driveway associated with the construction of a single-family home on
Lot 4, Eisenhower Drive Extension. DEP File #SE-280-0489:
The Applicant, Peter Savage, was absent from the hearing. The Conservation Administrator explained to the
members of the Commission that the Applicant previously submitted a revised plan dated 9/5/07, to the Commission Office.
The modifications requested by the Commission are reflected on the revised plan.
The proposed construction of the single-family house, dry well and pump house for the swimming pool, are
delineated outside of the 100’ Buffer Zone on the revised plan.
Peg called for a motion for the Commission to accept receipt of the revised plan dated 9/5/07, and close the hearing,
and to issue an Order of Conditions to the Applicant for the proposed project.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous. 4-0-0.
Page 2 SCC 9/6/07 Meeting Minutes
8:05 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the July 12, 2007 meeting minutes as presented.
Stephan Glicken moved. Stephen Cremer seconded. Voted. 3-0-2.
Peg called for a motion to approve the August 16, 2007 meeting minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 3-0-2.
8:15 p.m. RDA Public Hearing filed by Russell Hopping from the Trustees of Reservations for the proposed
removal of a small patch of phragmites from a wetland resource area at 42 Moose Hill Street:
Gare Reid appeared before the Commission on behalf of the Applicant. He explained to the Commission that
the proposed project is to eradicate an invasive population of phragmites that threatens a large wetland resource
area on the subject property. The size of the wetland resource area is approximately ¼ acre. The Applicant proposes
to eradicate the patch of phragmites with the environmentally safe herbicide, Accord, made by Monsanto. The Vegetation
Control Service from Athol has been hired by the Applicant to apply this product
with a low volume spray. A grant application is pending from the State for funding of the proposed project.
Upon receipt of the proposed funds, the Trustees of Reservations intend to apply the first application of herbicide
treatment in October 2007 and revisit the site in the spring to determine if an additional treatment is necessary.
The Applicant is proposing a ten-year monitoring plan in this area and to apply additional treatments as needed.
The Conservation Administrator explained to the Commission that an approval letter from Mass Audubon is pending
for the proposed project.
The Commission determined that the proposed project is essential for improving the interests of this important wetland resource area.
Peg called for a motion to close the hearing and to issue a Negative Determination to the Applicant
with the following conditions:
Upon receipt of the endorsement letter from Mass Audubon, the Commission will approve the proposed project for a period of two years.
For the Applicant to notify the Conservation Administrator before starting the proposed project.
The Applicant is required to submit a new filing with the Commission for any treatment applications proposed beyond October 2009.
Peg called for a motion to close the hearing and to issue a Negative Determination to the Applicant with the
conditions as noted above. Stephan Glicken moved. Stephen Cremer seconded. Voted. 4-0-1.
8:30 p.m. Abbreviated Notice of Intent Hearing continuance for Drake Realty Trust, for the proposed
site preparation and grading associated with construction of a single-family house, Lot 138
Drake Circle, DEP File #SE-280-0479:
The Applicant, Bill Matt, appeared before the Commission and submitted a revised plan dated 8/29/07
for the proposed project. The Commission determined that there are no direct impacts to the IVW on the site
from the proposed project. The entire buffer zone on three contiguous sides of this resource area will remain undisturbed.
Page 3 SCC 9/6/07 Meeting Minutes
The revised plan submitted by the Applicant reflects the following information requested by the Commission:
The revisions made to the proposed residence will contain 3 bedrooms as opposed to 4, and thus the
dimensions of the proposed on-site septic system are being decreased by approximately 25% and will
permit the locally required separation between leaching chambers.
The Applicant agreed to comply with the Commission’s request to improve the drainage outflow from
Drake Circle, and coordinate the proposed work with the Conservation Administrator and the Town Engineer.
The Applicant agreed to place a permanent Conservation Restriction along the proposed limit of work.
The corners of the Restriction shall be marked by field survey with iron pins.
As an aside to the permitting of the proposed project, the Applicant expressed a desire to donate funds to
the Conservation Trust toward the acquisition and/or protection of other open space areas within the
Town of Sharon.
The members of the Commission agreed to accept the revised plan dated 8/29/07 submitted by the Applicant.
The Commission expressed their gratitude to the Applicant for offering to donate funds to the Conservation
Trust.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant as per
revised plan dated 8/29/07. Stephen Cremer moved. Stephan Glicken seconded. Voted. Unanimous.
Janet Dunlap arrived at this time
8:45 p.m. N.O.I. Public Hearing filed by Sharon CF II LP C/O Congress Group, Inc., for the proposed
roadway improvements within the existing layout of Old Post Road. Said improvements are desired for the
construction of the Sharon Commons Lifestyle Center:
Present: Developer for the proposed project, Michael Intoccia; Chris Lucas, Kelly Killeen, and Ken
Caputo from Coler and Colantonio; the Applicant’s Attorney, Bob Shelmerdine; Abutter, Louise Patane.
Ken Caputo submitted the green abutter cards to the Commission. He reviewed the Alternative Access Plans
and history of the proposed project for the Commission:
At the March 12, 2007 Town Meeting, the residents of Sharon voted to change the zoning from
residential to commercial in the west side of Old Post Road, approximately 40 acres, for this
development proposal. The developer proposes to donate land to the Town in exchange for the
re-zoning. This area includes the Cranberry Bog property and an upland area on the site.
The Applicant has filed this plan under a limited status project, as the Cranberry Bog area lies within the Right of Way of Old Post Road.
The roadway infrastructure proposed within the Old Post Road Right of Way involves impacts to the Cranberry Bog area and the adjacent
BVWs, including filling-in the wetlands.
A disturbance to the flood plain further down Old Post Road is necessary due to the contours and elevations of the proposed roadway.
(The proposed project has been designed to minimize the impact to the wetlands on the site as much as possible.)
The primary access to the development is proposed directly across from Shaw’s Plaza with an
emergency access from Old Post Road.
Old Post Road near South Main Street will be a divided roadway with landscape improvements.
Laurel Road is being proposed as a dead-end to help alleviate excess traffic.
Page 4 SCC 9/6/07 Meeting Minutes
Kelly Killeen explained to the Commission that the most prevalent resource disturbed from the proposed
project is approximately 57,000 sq. ft. of flood plain area. The proposed roadway improvements
disturb approximately 17,000 sq. ft. of BVW adjacent to the first Cranberry Bog area. Wetland mitigation as well as some grade work for the
replication is being proposed in this area of the site. The proposed
improvements include a 60’ wide layout for a divided roadway. (A 12’ travel lane on either side with a
6’ shoulder, and a median strip.) Bioswales and Bioretention systems are being proposed along the median
strip and within several of the large parking areas. The Applicant is proposing to make improvements to an existing culvert on the site.
Underground storage facilities are being proposed to mitigate the two grades of runoff. Open detention basins are also being installed to
mitigate the excess stormwater runoff.
The proposed stormwater mitigation includes the installation of retaining walls proposed along the Cranberry Bog area and the river
crossing to Billings Brook. A grade change in the roadway has been designed to minimize filling in this area. The Applicant is proposing
to cut-in the roadway past the bog area for flood plain mitigation, and plantings are proposed along the graded area to create a screening
and buffer effect for the residents of Laurel Road. The volume associated with the estimated 57,000 sq. ft. of flood plain impact from the
proposed project is 6,000 cubic yards.
The proposed compensatory work plan is to select areas within the same reach for this excavation and then lower it to a similar elevation.
The majority of the proposed work to depress the roadway for stormwater runoff lies within the layout of Old Post Road.
The Riverfront Area to Billings Brook is a compensatory storage area, and does not qualify as a direct impact under 310 CMR 10.58 for
the proposed project. (The temporary impact to the Riverfront Area for this project is 11,900 sq.ft.) Compensatory storage will be provided
for all flood storage volume lost due to the proposed roadway construction.
The major replication area of the site is approximately 39,000 sq.ft. A 2 to 1 wetland replication plan is proposed for the lower elevation
wetland areas. A 4 to 1 replication plan might be considered for the higher wetland elevations.
The Applicant proposes to submit a detailed planting plan at the next Commission meeting.
Peg suggested that in terms of future planning, South Main Street should be the access route to Area 1 of the Cranberry Bog area.
The Conservation Administrator suggested one way to access the Cranberry Bog area from South Main
Street is to slightly improve existing dykes.
Peg called for a motion to continue the hearing until September 20, 2007 at 8:30 p.m.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
9:15 p.m. N.O.I. Public Hearing filed by Sharon CF II LP C/O Congress Group, Inc., for the proposed
Sharon Commons Lifestyle Center, Old Post Road, Sharon, MA:
The Applicant requested to postpone the hearing due to improper abutter notification.
The members of the Commission agreed to re-advertise the hearing until September 20, 2007 at 8:00 p.m.
9:20 p.m. Signatures:
The Commission signed bills. Certificate of Compliance for 15 Juniper Road, DEP File #SE-280-20.
Order of Conditions for Lot 4, Eisenhower Drive Extension, DEP File # SE-280-0489.
Stephan Glicken left the meeting at this time
Page 5 SCC 9/6/07 Meeting Minutes
9:30 p.m. Jennifer M. Goldson, Planner, for the Community Preservation Plan:
Jennifer Goldson met with the Commission with a profile of the Town of Sharon’s Community Preservation Plan.
Ten projects have been approved by Town Meeting utilizing CPA Funds. She presented the
Commission with additional documents that included a priorities worksheet that would help determine the
types of open space projects that should be considered for CPA funding.
Upon viewing the open space profile, Stephen Cremer inquired whether all water bodies in Town were calculated into
the 35% estimate for protected open space in Sharon.
Jennifer replied that she would report back to the Commission when more information is available.
In the document entitled, “Preservation Needs and Possibilities”, Stephen Cremer made the following
recommendations for the Open Space Category of the document:
Conservation land should be preserved, and supportive of the natural environment that it contains.
Conservation land should remain preserved and inaccessible as much as possible.
He expressed his opinion that potential land donations might be impeded by the Commission’s action to
make available land that was once donated for the protection of open space. He explained that the
preservation of contiguous open space parcels should be a priority as opposed to the protection of isolated parcels.
He feels that an important goal for the Town should be to protect its own water supply.
The Commission agreed that an essential goal for the Town is to create an overall plan for community development.
The Conservation Administrator explained to Jennifer that the Commission takes their responsibility for
protecting the natural resources of the Town very seriously, including setting acquisition priorities and
accomplishing these goals.
10:15 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Janet Dunlap seconded. Voted. Unanimous.
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