Conservation Commission
Meeting
October 18, 2007
Present: Peg Arguimbau Chairman, Commission Member Hank Langstroth. Stephen Cremer and Janet Dunlap arrived at 8:30 p.m.
No Quorum at this time
7:45 p.m. Massapoag Sportsmen’s Club- Update:
Joe Mahoney and Joe Casey, members of the Massapoag Sportsmen’s Club, appeared before the Commission to discuss the following final three Conservation Restrictions being considered for the land swap:
· A Conservation Restriction that the Sportsmen’s Club will be granting to the Commission consisting of approximately 25 acres on a portion of Belcher Street.
· A Conservation Restriction granted to the Commission from the Sportsmen’s Club on land consisting of approximately 50 acres on a portion of Belcher Street that the Sportsmen’s Club proposes to retain.
· A Deed with Conservation Restrictions on a certain parcel of land consisting of approximately 18± acres situated in Sharon.
The members of the Commission in attendance agreed to continue the meeting until November 1, 2007 at 8:00 p.m. due to lack of a quorum.
8:00 p.m. N.O.I. Hearing continuance filed by Sharon CF II LP C/O Congress Group, Inc., for the proposed development of the Sharon Commons Lifestyle Center, Old Post Road, Sharon, MA. A portion of the proposed construction lies within the 100’ Buffer Zone. DEP File # SE-280-0490.
N.O.I. Hearing continuance 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. DEP File # SE-280-0491.
Present: Ken Caputo, Kelly Killeen, and Hans Van Lingen from Coler and Colantonio. The Applicant’s Attorney,
Bob Shelmerdine was also present.
Kelly Killeen explained to the Commission that the proposed revised plan dated October 19, 2007, reflects the relocation of Anchor Building #1 as follows:
Anchor building #1, adjacent to the bog area, has been rotated approximately 90 degrees to the north so that the proposed retail store and parking area is away from the 100’ Buffer Zone to a BVW on the site.
This revision to the proposed plan eliminates the need for a wetland setback variance.
The representatives from Coler and Colantonio presented the Commission with a copy of a letter that they submitted to the ZBA in response to the Professional Services Corporation’s (PSC) Memorandum #5 –
Peer Review of the Preliminary Stormwater Management Design for the proposed project.
Kelly Killeen explained to the Commission that revisions have been made in the design of the proposed Stormwater Management System for the proposed project to address the concerns of the PSC.
An off-site drainage analysis for a 100- year storm event will be performed in the area of the wastewater treatment plant for the proposed septic system. This analysis is being performed in response to the PSC’s concern of the increased volume from the additional drainage calculations proposed by Coler and Colantonio in this area of the proposed project site.
Page 2 SCC 10/18/07 Meeting Minutes
Kelly Killeen recently inspected the existing downstream culvert below Rte. 95 and determined that the size of the culvert would be adequate enough to control the increased volume from the additional stormwater calculations proposed by Coler and Colantonio.
Another matter of concern outlined in the PSC’s Memo #5 is whether or not the proposed drainage system designed by Coler and Colantonio would be capable for infiltrating the increased volume during a 1-year storm event.
Kelly Killeen explained to the Commission that the proposed stormwater design for a 1- year storm event is in compliance with the DEP Stormwater Management Policies and the Town’s Zoning By-law requirements. He explained to the Commission that the Applicant has addressed the comments made by DEP for Coler and Colantonio’s ability to provide an adequate level of environmental protection that is required to address the intent of Standards 5 & 6 of the Stormwater Management Policy. The Applicant is proposing to install control valves to the stormwater system to the upstream infiltration areas for controlling the runoff in the
parking lot areas of the site. The proposed valves could be turned off to prevent any potential spillage from discharging into the infiltration system from the proposed development project.
Kelly Killeen agreed to provide a copy of Coler and Colantonio’s letter of response to Mr. Tom Houston.
Ken Caputo requested that the Commission not take any action concerning the hearings for the proposed projects until after the Applicant meets with DEP. This meeting will focus on the Applicant’s proposed plans to further minimize the wetland impacts presented by the roadway. The DEP is requesting that the Applicant propose an alternative to the wetland resource impacts. The Applicant is presently seeking potential alternatives for roadway design fill. The focus is on structure to offset the footprint impact of a direct fill. The installation of vertical retaining walls is being proposed to minimize the impact to the wetlands from the roadway construction north of Billings Brook. The Applicant proposes to install structures to minimize the impact to Billings Brook and the primary channel around the Cranberry Bog
area. The Applicant expects to maintain the initial proposed design for the roadway. Efforts will be made by the Applicant to help mitigate the agricultural impact to the bog area from the proposed roadway improvements so that the crop and the use would be able to retain the same yield in terms of its size. The Applicant proposes to support the potential bog owner’s efforts and his own means in establishing a parallel access to the bog area.
Quorum – Stephen Cremer & Janet Dunlap Arrived
Ken Caputo explained to the Commission that he would agree with adding a special condition to the Orders for the proposed project that would require the Applicant to cooperate with the owner of the bogs relative to their own means of sustainability in the area adjacent to the new roadway.
Ken Caputo stated to the Commission that the protocol received from Natural Heritage is to install siltfence barriers for the protection of the endangered Box Turtles living on the site and the requirement for the Applicant
to perform sweeps on the site before the construction of the proposed project. Siltfence barriers have already been installed along the pump house area of the pond and along Old Post Road/South Walpole Street.
Hans Van Lingen explained to the Commission that the entire proposed project is being inspected to help identify Box Turtles and their nesting areas. They propose to tag any Box Turtles that they find with radio locators and transport them to Audubon property. Natural Heritage requires that an eighty-hour investigation be completed on the proposed site for Box Turtles. A 24 hour investigation has been completed thus far.
Page 3 SCC 10/18/07
Ken Caputo anticipates that no changes will be made to the proposed footprint for the overall facility and Lifestyle Center of the development project. He proposes to draft some conditions for the Order of Conditions before the next Commission meeting concerning the retaining walls proposed along Old Post Road and for providing an access to the bog area.
Attorney Bob Shelmerdine updated the Commission with his negotiations with Mr. Bottomley concerning the Cranberry Bog Area adjacent to Old Post Road. He reported to the Commission that Mr. Bottomley has agreed to do whatever is necessary now to protect the vines before the winter sets in. He proposes to dry pick and sell as many berries as possible. Attorney Shelmerdine indicated to the Commission that Mr. Intoccia has agreed to cover Mr. Bottomley’s expenses over and/or above the revenue from the harvest.
Peg stated that the Commission would review Colantonio’s response letter to the PSC’s Memo #5 before the next Commission meeting.
Peg requested that the Applicant submit a plan showing the property line for the proposed deed restriction.
Ken Caputo explained that the shape of the land acquired by the developer verses the shape of the land proposed to be deeded to the Town differs by approximately four acres.
Peg called for a motion to continue both N.O.I. Hearings with the Applicant until November 1, 2007 to update the Commission on the comments received from DEP.
Hank Langstroth moved. Stephen Cremer seconded. Voted. 3-0-1.
8:45 p.m.: Neighbors Against Destructive Development – Proposed Zoning Articles:
Attached is a list of abutters/interested persons in attendance.
Kyla Bennett, Director of New England PEER, appeared before the Commission to also represent NADD
Kyla explained to the Commission that she resides in Easton and utilizes Borderland State Park for recreation purposes on a daily basis. PEER is involved in this project due to their function to support and defend public employees who are whistleblowers working in the environmental arena. Kyla stated that she has been actively engaged in efforts to preserve the Rattlesnake Hill parcel for the past fifteen years. She explained that the organizations she represents understands why the Commission voted to support the rezoning of the Rattlesnake Hill parcel, as well as the promise to preserve 258 ± acres of the parcel. They recognize all of the Commission’s efforts to preserve the Rattlesnake Hill area. Kyla explained the following reasons for the proposed three Warrant Articles for the upcoming Town
Meeting:
New Information has been received concerning the Rattlesnake Hill parcel that has not been adequately explored.
The residents of Sharon were not given enough information to make an adequate decision when they voted to rezone the parcel.
Kyla expressed her opinion that she feels part of the Commission’s duty is to protect the Town’s wetland areas, water resources, drainage line areas adjacent to buffer zones, public/private water supplies, groundwater, wildlife habitat, recreation areas, and aesthetics. She indicated that the present zoning for proposed Brickstone project might have unacceptable impacts on all of the resources under the Commission’s jurisdiction.
Kyla also stated to the Commission that the proposed Brickstone development project might necessitate connecting to the MWRA’s water supply.
Page 4 SCC 10/18/07 Meeting Minutes
Kyla presented documents to the Commission in an effort to explain why she hopes the Commission would reconsider their vote to rezone the Rattlesnake Hill parcel. She explained that one of the areas she feels was not adequately discussed and investigated is pharmaceutical and personal care products (PPCPs), and endocrine disrupting chemicals (EDCs). This has become an area of great concern to the Federal and State governments. Kayla indicated that DEP does not provide permitting regulations at the present time for these substances. Wastewater treatment plants do not remove these compounds from the waste stream. Brickstone’s proposed development is adjacent to private drinking wells, some of which are as shallow as 40’.
It is possible that the proposed development would be discharging approximately 100,000± gallons of water every day and contaminating the nearby private wells.
When the ZBA issued its 2003 Comprehensive Permit on the said property, it allowed only 67 single family dwellings with a maximum of 4 bedrooms each, 53 townhouses with a maximum of 138 bedrooms. The ZBA
determined that the public health and safety of the residents of the proposed project could not be assured if the project is allowed at a density greater than 406 bedrooms.
Kyla stated the proposed 624-unit and 150-bed nursing home development is of concern due to the following reasons:
The density of elderly proposed to be living at the facility would greatly increase the risk of water
contamination.
The geology of Rattlesnake Hill, particularly the ledge, makes it more likely that contaminated water would travel off-site.
The development of more than 250 units on the proposed development site may lead to a degradation of groundwater and abutting private wells.
Kyla feels that the density of the proposed Brickstone development would create a legal liability for the Town. She had a lengthy discussion with the Commission regarding the World Health Organization’s concerns of the potential effects of PPCPs and EDCs on humans. Kyla explained that another reason she feels that the proposed development is a bad deal for the Town is because it did not require the developer to connect the adjacent homes to a municipal water source.
A comment from one of the abutters present in the audience stated that the developer would only allow $3,500 for a homeowner to connect to a municipal water service. She contacted Attorney Gelerman’s office before the previous Town Meeting to inform him that she was advised by excavators in the area that $3,500 would not be sufficient to connect the residents
on Coach Lane to a municipal water source due to the unknown geology of the site.
Another abutter in the audience stated that he received an approximate estimate of $20,000 - $30,000 for the excavation work for connecting to a municipal water source.
Kyla is concerned of the potential impact to the wildlife habitat on the site from the proposed development.
She requested that the Commission obtain permission from the developer to access to the site and obtain a Blanding Turtle Biologist and Rattlesnake Biologist to inspect the site.
Kyla suggested that either the developer or the Commission perform a viewshed analysis of the proposed project site.
page 5 SCC 10/18/07
Kyla expressed her belief that the Selectman and the Conservation Commission were aware of Brickstone’s offer to sell back the Rattlesnake Hill parcel to the Town if the rezoning was not possible for their proposed project. She believes that this information was not available to the public. The public was told that the only alternatives to the proposed project would be a 40B development or eighty-eight single-family homes.
Kyla submitted literature to the Commission from the Nature Conservancy indicating that the Rattlesnake Hill parcel lies within the Taunton Watershed, the highest priority area for habitat protection from Delaware to Maine.
Peg expressed her appreciation to Kyla Bennett for her presentation. She explained that the Commission’s decision to support the rezoning for the Rattlesnake Hill parcel was based on all the duties that Kyla noted and the Commission’s responsibilities to those duties.
The Conservation Administrator and the Commission reviewed their tireless efforts to preserve the Rattlesnake Hill parcel.
An abutter present in the audience expressed her desire for the Commission and all Town Boards to support the upcoming Town Meeting Warrant Article to revoke the rezoning of the Rattlesnake Hill parcel. She believes that her only financial asset, her home, would be negatively impacted from the proposed Brickstone development project.
Kyla Bennett explained to the Commission that her Daughter suffers from bone tumors caused by
environmental toxins and would like to prevent this terrible disease from afflicting any other residents.
The Commission agreed to review the information provided by Kyla Bennett concerning the upcoming Town Meeting Warrant Article for changing the zoning of the Rattlesnake Hill parcel.
Hank Langstroth explained to Kyla Bennett that the proposed Applicant would be required to obtain a groundwater discharge permit due to the size of the proposed wastewater treatment for the proposed project.
He asked Kyla if the information she submitted to the Commission has been presented to other Town Boards.
Kyla replied that she proposes to meet with the Board of Health on October 29, 2007.
10:00 p.m. Signatures:
The Commission signed bills. Certificate of Compliance for Lot #10 Cattail Lane, DEP File # SE-280-217.
10:05 p.m. Old/New Business:
Peg updated the members of the Commission not present for the earlier discussion concerning the final three Conservation Restrictions for the Massapoag’s Sportsmen’s Club land swap.
The Commission scheduled a tentative meeting for Wednesday, October 24, 2007 to review the Warrant Articles for the upcoming Town Meeting.
Peg reminded the Commission that the Planning Board is holding a Public Hearing on October 31 to review Articles 1 – 3 for the upcoming Town Meeting.
10:10 p.m. Adjournment:
Peg called for a motion to adjourn. Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
| 
