Conservation Commission
Meeting
November 1, 2007
Peg Arguimbau Chairman. Stephan Glicken, Hank Langstroth, and Stephen Cremer were the
members present.
7:45 p.m. Planning Board Members Susan Price and Amanda Sloan met with the Commission
to discuss the proposed Lot Shape Article for the upcoming Town Meeting:
Susan Price and Amanda Sloan explained to the Commission that Article 12 involves new
zoning regulations that would exclude irregular house shaped lots from proposed new subdivision
plans. The new regulations, if approved by Town Meeting, would not affect existing house lots.
This Article is being proposed by the Planning Board to prevent developers from including narrow
property lines in their proposed subdivision plans. Previously, developers have been allowed to
design long, narrow property lots in their proposed subdivision designs in order to bypass the
current zoning bylaws. The Planning Board reviewed previous filings and found that 10% of
Form A Plans would be applicable to the new regulations.
It was the consensus of the Commission to support Article 12 with the understanding that
any future potential lots containing wetland issues would need to be reviewed by the Commission.
The Planning Board voted to postpone Article 13.
Stephen Cremer inquired if there were any Town Bylaws concerning the construction of houseboats
or additions for floating docks on Lake Massapoag.
Susan Price and Amanda Sloan replied that they would report back to the Commission if they find
any information on the subject.
8:00 p.m. Massapoag Sportsmen’s Club – Land Swap Update:
Joe Mahoney and Joe Casey, members from the Massapoag Sportsmen’s Club, appeared before the
Commission. They reviewed a map with the Commission outlining the property proposed for the land swap:
The green area on the map defines the existing Conservation owned Land up to N. Main Street.
The black area marked on the map outlines a large section of land owned by The Massapoag Sportsmen’s Club.
As part of the proposed purchase agreement, the land swamp would result in the Conservation Commission
obtaining the land outlined in blue on the map and the Massapoag Sportsmen’s Club obtaining the red hatch
area defined on the map.
The Massapoag Sportsmen’s Club would retain ownership of the white area on the map with a restriction.
The Mappapoag Sportsmen’s Club would retain ownership of the yellow area on the map without a restriction.
The language for the land swap involves the swapping of restricted land for restricted land. The Conservation
Commission cannot give land to the Massapoag Sportsmen’s Club without first being restricted or having a
deed restriction.
Page 2 SCC 11/1/07 Meeting Minutes
The Town is currently preparing a deed with restrictions on land proposed to be swapped with the
Massapoag’sSportsmen’s Club. The Club is preparing documents to restrict the land to be swapped
with the Town as well as restricting the land that the Club proposes to retain ownership of. Through this
process, it was determined that the Commission cannot obtain the land outlined in blue on the map
with a restriction. The Massapoag’s Sportsmen’s Club is planning to vote on whether to restrict the blue
area on the map with Mass Audubon.
Bob Wilber from Mass Audubon met with the Club along with Peg Arguimbau and Hank Langsroth to
prepare the documents for the proposed land swap. The Friends of the Conservation Commission is
offering to donate funds to the Sportsmen’s Club if they increase their portion of restricted area for the
land swap. A small irregular shaped parcel is located between the yellow and blue areas on the map.
The small irregular shaped parcel belongs to the Town and is not under the jurisdiction of the Commission.
This irregular shaped parcel was previously perc tested without favorable results.
Options concerning the irregular shaped parcel include providing an easement for a 10’ walkway to access
the Massapoag Trail.
Peg stated that she would contact Civil Engineer, Leo Glover, concerning the acreage for the Belcher Street
Restriction/Easement. Peg also proposes to contact Town Counsel concerning the language for the proposed
restrictions.
Joe Mahoney and Joe Casey agreed to meet again with the Commission after reviewing the restriction document.
8:25 p.m. N.O.I. hearing continuance for Sharon Commons:
DEP File # SE-280-0490 – A portion of the proposed construction for the Sharon Commons Lifestyle Center
lies within the 100’ Buffer Zone.
DEP File # SE-280-0491- Proposed Roadway Improvements within the existing layout of Old Post Road.
Said improvements are desired for the construction of the Sharon Commons Lifestyle Center. Ken Caputo and
Hans Van Lingen from Coler and Colantonio appeared before the Commission to represent the Applicant for
both hearings. Bob Shelmerdine, Attorney for the Applicant, was also present. A copy of the Peer review for
A list of formal submittals for DEP File # SE-280-0490 and DEP File # SE-280-0491 was also submitted to the
Commission.
The Commission stated that the formal submittal lists would be included in each Order of Conditions issued
to the Applicant for the proposed projects.
Ken Caputo explained to the Commission that the proposed Applicant is still communicating with Mr.
Bottomley concerning harvesting the Cranberry Bogs on the proposed project site. Ken Caputo recently met
with the Conservation Administrator and Rich Kelly from the DEP. Ken expressed his opinion to the
Commission that Rich Kelley was pleased with the Applicant’s efforts to adequately address DEP’s
comment letter involving the limited project status and Riverfront Analysis.
Ken recapped the scope of his meeting with DEP for the Commission:
Riverfront Analysis: In accordance with DEP guidelines, as well as limited project status, the Applicant
is proposing to stay above the 1-mile high marker line for the proposed project.
Page 3 SCC 11/1/07 Meeting Minutes
Alternative Access: 9,000-sq. ft., of Riverfront area impact to Billings Brook from South Main Street/
Old Post Road to the proposed development site. (The previous proposed plan involved 11,000 sq.ft.)
Greenhouse gas and air quality concerns: Approximately 65% of the traffic accessing the proposed
development site will occur from Rte. 95. The Applicant feels that this would alleviate most of DEP’s concerns.
Land Preservation: All of the wetland resource areas on the site will be protected by the proposed
development. The Cranberry Bog Area west of Old Post Road will be donated to the Town in addition to
another 16 ½ acres for a location for a water site. Approximately 12½ acres would be donated to NHESP as
part of the proposed habitat mitigation. Approximately 74 acres of the 140-acre parcel is proposed to be
protected by the development.
Roadway Improvements: The proposed roadway improvement project does not need to be filed under a limited
project status because the Applicant is avoiding direct impacts to the wetland resource areas on the site by
installing retaining walls along the roadway.
The proposed alternative roadway design: Includes the installation of four bottomless culverts beneath
the roadway along the outer bog and middle bog channels. A 40’ wide bottomless culvert is proposed to be
installed by Billings Brook.
Proposed forested BVW impact: The Applicant has reduced the forested BVW impact to 485 sq.ft. from 1,750 sq.ft.
Proposed impact to the bog area: The Applicant has reduced the bog area impact to approximately 9,200 sq.ft. from
15,000 sq.ft.
Proposed Replication of the bog area: A 1.84: 1 replication plan is proposed along the bog area in an effort
to preserve the full yield of the agricultural use of the bogs.
Special features: The architect from Coler and Colantonio is designing a step/terrace open space area
on the proposed project site for pedestrian access. A Boardwalk designed on stilts is proposed within the buffer zone.
Ken Caputo explained to the Commission that shut off chambers will be added throughout the site as part of the
proposed stormwater design plan. He plans to define the shut off chambers on the final plan for the proposed project.
Stephen Cremer asked if it were possible to have an electronically activated system installed for the shut off
chambers. He feels that it might be important for the operation and maintenance control for the stormwater system
of the proposed project.
Ken stated that he would investigate the available options for controlling a high-level recorded release event.
Peg stated that the Orders for the proposed project would address options for an emergency stormwater container
device.
Ken Caputo explained to the Commission that he met with Mr. Tom Houston to address the concerns
listed in his Memo #5 that relate to stormwater matters for the proposed project.
Ken presented the Commission with a copy of Coler and Colantonio’s final response letter addressed to Mr. Houston.
Bob Shelmerdine explained to the Commission that the proposed Article 6 of the upcoming Town Meeting
would allow the proponent to successfully dead-end Laurel Road for the proposed project.
Attorney Bob Shelmerdine explained to the Commission that the Applicant agreed to comply with the request
made by The Finance Committee concerning the illumination of the pylon sign on South Main Street for the
proposed Sharon Commons.
Page 4 SCC 11/1/07 Meeting Minutes
Only the names of stores proposed to be opened for 24 hours would still be illuminated on the pylon sign after
midnight.
Peg called for a motion to close the N.O.I. hearing for the proposed Lifestyle Center, DEP File # SE-280-0490.
Stephan Glicken moved. Stephen Cremer seconded. Voted. Unanimous. 4-0-0.
Peg called for a motion to close the N.O.I. hearing for the proposed roadway improvements within the existing
layout of Old Post Road. DEP File # SE-280-0491.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 4-0-0.
Peg stated that a list of all of the conditions discussed by the Commission during the hearings for both
filings would be included on each Order of Conditions issued to the Applicant.
9:20 p.m. Signatures:
The Commission signed Certificate of Compliance for the Sharon Community Center project.
DEP File # SE-280-0475. Order of Conditions for the Sharon Commons Lifestyle Center,
DEP File # SE-280-0490. Order of Conditions for the proposed roadway improvements within the
existing layout of Old Post Road. DEP File # SE-280-0491. The Commission also signed bills.
9:35 p.m. Adjournment:
Peg called for a motion to adjourn.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 4-0-0.
| 
