Conservation Commission
Meeting
January 3, 2008
Peg Arguimbau Chairman, Katherine Roth, Stephen Cremer, Hank Langstroth, and Christine Turnbull were the members present.
7:45 p.m. Updates:
Peg discussed, with members of the Commission, a parcel of land containing approximately 9,425 sq.ft., comprised of wetlands, on Lot 162, Cedar Swamp Road, owned by Irene McCarthy. Peg explained to the Commission that the owner is willing to sell this parcel to the Commission for the assessed value of the property. A portion of this parcel is abutting Cedar Swamp. Peg to inquire whether it would be possible for the Commission to purchase the parcel from a percentage of CPA Funds allocated for open space for the purpose of preserving open space.
Peg read aloud a copy of the Conservation Administrator’s November 14, 2007 letter to the ZBA concerning the Applicant’s variance request for Lot 13, Drake Circle. The Administrator’s letter explains that although the Commission has issued an Order of Conditions for Lot 13, Drake Circle, the property is similar to many marginal, non-conforming lots in Sharon. He expressed his concern that approval of the Applicant’s request for a variance might represent and/or establish an unacceptable precedent and increase cumulative impacts. Unless the ZBA could
determine that this particular lot is dissimilar from other undersized lots, and thus avoiding creating a precedent, the Conservation Administrator would strenuously object to granting the
Applicant’s request for a lot size variance.
Peg presented the Commission with a copy of a letter submitted by the Applicant’s Attorney on December 21, 2007, requesting that the Commission address a new letter to the ZBA stating that they are not opposing the variances requested by the Applicant.
7:50 p.m. Bill Matt to request a reconsideration of the Commission’s position concerning a
variance on Lot 13, Drake Circle:
Bill Matt explained to the members of the Commission that his Attorney, Chip Nylen, was unable to attend the meeting due to an illness in his family. He stated that this issue emanates from the Applicant’s request from the ZBA for a lot size variance concerning Lot 13, Drake Circle. Lot 13 (formerly Lot 138) is a remaining lot from a previously approved definitive subdivision plan.
Bill Matt presented the history of the approved subdivision plan to the Commission:
1979 - The initial definitive subdivision plan was submitted to the Town. The zoning by-law
requirement for a house lot in the proposed subdivision was 40,000 sq. ft.
1980 - Subsequent to the Applicant’s initial subdivision application and prior to the approved
definitive subdivision plan, revisions were made to the Town’s zoning by-laws that
changed the house lot requirement size to 60,000 sq. ft. (Under Chapter 40§ 6, the
Applicant’s approved definitive subdivision plan was valid until 1988.)
1992 - The Applicant filed an application with the Commission for new construction
on Lot numbers 138 and 140 on Drake Circle. The ZBA issued the variances requested
by the Applicant concerning lot frontage and lot size for Lot 140. The Applicant
requested a special permit under Section 3324 of the Town’s Zoning By-laws and a
variance for lot size concerning Lot 138. (Lot 138 is approximately 46,224 sq.ft.)
The ZBA denied the request for a special permit for Lot 138 because the project was
proposed within the 100’ Buffer Zone. This decision was appealed by the Applicant;
however, the sale agreement for the lots fell through.
Page 2 SCC 1/3/08 Meeting Minutes
The Conservation Administrator explained that the decision made by the ZBA indicated that the requirements for a special permit and a variance had not been satisfied for Lot 138; therefore, the Board denied the application for reconsideration.
Bill Matt responded that his lawyer explained that the request was denied by the ZBA
because the application was submitted for both the special permit and the variance
request. (Since the application was submitted for both the special permit and variance request, the application either had to be accepted or denied.)
2007 - The Applicant submitted a new filing to the Commission for Lot 138 Drake Circle.
The Commission approved the Applicant’s proposed project design for a three
bedroom home located outside of the 100’ Buffer Zone. The Commission issued an
Order of Conditions with Special Conditions to the Applicant. The proposed project
was permitted by the Board of Health. His request for a variance was approved by submitting a revised plan to move the reserve area for the proposed septic system closer to the primary to keep the reserve area outside of the 125’ Buffer Zone. Subsequently, the Applicant requested a comment letter from the Commission to submit to the ZBA for the proposed project. A copy of the Conservation Administrator’s letter dated November 14, 2007 to the ZBA is attached. The
presenter believes that the ZBA denied the variances requested by the Applicant based on the comments contained in the letter from the Conservation Administrator. The Attorney for the Applicant was present at the ZBA Hearing and indicated to the Applicant that the ZBA might have interpreted the comments made in the Conservation Administrator’s letter suggesting that the lot is environmentally non-conforming concerning the proposed project. The Applicant has filed a land court action to appeal the decision made by the ZBA. The Applicant has requested to meet again with the ZBA for reconsideration of the Board’s decision.
Bill Matt requested that the Commission submit a new letter to the ZBA to clarify the Commission’s position by stating that an Order of Conditions has been issued to the Applicant and that the Commission is not opposed to the proposed project on Lot 138. He has requested a copy of the November 14, 2007 ZBA meeting minutes for the Commission’s review.
Peg expressed her opinion that the Commission might consider sending a new letter to the ZBA to clarify that the Commission had issued an Order of Conditions to the Applicant for the proposed project on Lot 138. However, it does not eliminate the Commission’s concern that approval of new construction on non-conforming lots might create a precedent for future projects.
Peg requested that Bill Matt and his Attorney meet with Commission with more information on January 17, 2008 at 8:30 p.m.
8:50 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the December 20, 2007 meeting minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 3-0-2.
Peg called for a motion to approve the December 6, 2007 meeting minutes as amended.
Stephen Cremer moved. Katherine Roth seconded. Voted. 3-0-2.
8:55 p.m. Signatures:
The Commission signed bills. Avalon Bay Conservation Restriction comprised of approximately 15 ½ acres on Norwood Street.
Page 3 SCC 1/3/08 Meeting Minutes
9:00 p.m. Old/New Business:
Peg explained to the Commission that she is considering meeting with the Selectmen to place an item on the Warrant for the upcoming Town Meeting that would involve transferring a Town owned parcel to the Commission. This parcel is located near the back portion of Winslow Road. The land was previously perc tested by the Housing Authority for a possible affordable housing complex. The results of the perc test indicated that the property was not suitable for development. This parcel is contiguous to the Sportsmen’s Club property and is comprised mostly of wetlands. The Sportsmen’s Club was interested in obtaining an easement from the Commission on a portion of this parcel that the Commission might be acquiring from the possible land swap agreement. The Sportsmen’s Club would only be interested in accessing
the easement if the land were to be developed by the Town.
The members of the Commission expressed their support for submitting an Article on the
Warrant for the upcoming Town Meeting for transferring the parcel to the Commission.
The Commission discussed the proposed expansion plans for the Dog Park. Peg explained to the members of the Commission that she was recently contacted by Rob Maidman, a member of the
Dog Park Committee, to discuss some possibilities of expanding the Dog Park. The expansion plans might include~extending the small dog area of the park.
Stephen Cremer commented that there might be adequate room for expansion without clearing
trees on the site. He would be opposed to any plans that would include tree clearing for
enlarging an area of the Dog Park.
The Commission agreed to further discuss the Dog Park expansion plans with Rob Maidman.
The Conservation Administrator explained that he would contact Mr. Maidman to arrange
a meeting with the Commission to discuss the proposed plans for enlarging the Dog Park.
Stephen Cremer left the meeting at this time
Peg continued her discussion from the beginning of this meeting pertaining to the parcel on
Lot 162 Cedar Park Road.
The Conservation Administrator stated that the parcel was worth $16,800 according to
last year’s Assessor’s records.
It was the consensus of the Commission to notify the owner that she would be eligible for a
tax deduction for the amount of the current assessed value of the parcel by donating it to the Commission.
9:15 p.m. Adjournment
Peg called for a motion to adjourn.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous.
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