Conservation Commission
Meeting
March 20, 2008
Peg Arguimbau Chairman, Hank Langstroth, and Christine Turnbull were the members present. Stephen Cremer arrived at 8:35 p.m.
Elizabeth McGrath, a potential candidate to serve on the Conservation Commission, was present in the audience.
No Quorum at this time
7:45 p.m. Updates:
Peg explained to the members of the Commission that Selectman Powell is requesting that the Commission postpone their
Winslow Road Article for the upcoming Town Meeting due to the Selectmen’s interest in retaining the parcel for a potential
land swap agreement in the future.
Peg informed the Commission that the Capital Outlay Committee voted to support a one time payment option for the acquisition
of the Piona Parcels, contiguous to the Cedar Swamp.
Peg mentioned to the Commission that she recently attended a meeting with the Horizons for Youth Reuse Committee concerning
plans for the back portion of Horizons for Youth land that abuts existing school property. Peg expressed the Commission’s support
in preserving that area for school related activities.
8:15 p.m. N.O.I. hearing continuance - Hanna Fadel, for the proposed construction of a
single family home and associated utilities and site work, a portion of which lies within the
outer riparian zone of Traphole Brook. The property is located at 320 Norwood Street.
DEP File # SE-280-0493:
Bob Murphy from Conservation Consultants (Danena Company) appeared before the
Commission to represent the Applicant. Bob presented a brief overview of the proposed
project for the Commission:
- The size of the entire proposed lot is approximately 65,000 sq. ft. (45,000 sq. ft. is
proposed to remain undisturbed from the construction project.)
- The new house construction is being proposed on approximately 20,000 sq. ft. with
frontage on High Plain Street.
- A 200’ Riverfront Area exists on the proposed project site. (The Riverfront Area is divided
into two sections: 100’ inner riparian zone, 100’ outer riparian zone of Traphole Brook. The
total area of River Front Disturbance is approximately 4,094 sq. ft. from the proposed
project. The proposed disturbance to the outer riparian corridor is approximately 4,451 sq.
ft. within the Riverfront Area of the site.
- No alteration of the bordering vegetated wetland present on the property is proposed for the
project.
- The septic system is being proposed on the front area of the lot. A portion of reserve area
for the proposed septic system is being installed under the driveway.
The Commission discussed the possibility of placing a Conservation Restriction on the
inner riparian line, 100’ from the wetlands on the proposed project site.
Peg requested that Bob Murphy discuss the Conservation Restriction option with the
Applicant and report back to the Commission.
Page 2 SCC 3/20/08 Meeting Minutes
8:30 p.m. Violation - DEP # SE-280-431, Peter Dangelo, 140 Maskwonicut Street:
Peter Dangelo appeared before the Commission concerning an Enforcement Order
issued by the Commission for performing the following unauthorized activity on his
property: Clearing, grubbing, and equipment operation within an identified
and approved Bordering Vegetated Wetland Resource, as well as, a brook, bank, and
adjacent Buffer Zone.
Quorum – Stephen Cremer arrived
Mr. Dangelo stated to the Commission that the wetlands on the site remain undisturbed. He
strongly expressed his sincere appreciation of his property. He stated that he is not proposing
to disturb the wetlands on the site. Mr. Dangelo said that the visible tire marks along the
wetland crossing on the site occurred from the equipment he used to clear snow away from
his driveway during the winter. He explained that his future plans include constructing a barn
on the upper portion of the property. He would like to utilize a different option for equipment
access to the upper portion of the site to avoid damage to his sprinkler system within his lawn
area. He is interested in continuing to use this wetland crossing to transport animals and
supplies to the upper portion of the site. He would also like to be able to utilize this crossing
for various farm related tractor activities that include bringing any future grandchildren to the
barn area to feed animals. He would also like to avoid the option of exiting his property by
his driveway area to travel 400’ along Maskwonicut Street to be able to gain access to the
upper portion of the site. He explained that the size of the access road is 12’wide x 20’ long,
and that it has been in existence from the time when it was still a functioning bog.
Peg stated that the access road is not a viable right of way area for vehicle access. It was
defined as open land when the Commission was considering purchasing the parcel from the
previous owner less than ten years ago. She explained to Mr. Dangelo that the wetland
crossing was not discussed as an option for an access route to the barn area in the initial
filing.
Mr. Dangelo stated that he wasn’t aware of the access road when he submitted the initial
filing.
Stephen Cremer recalled that pre-existing conditions were not part of the discussion in
the previous filing with the Commission. He stated that the Commission previously
discussed protecting that land, and you cannot violate the law just because you want to do
something. He explained that it is very expensive to return a wetland back to its natural state
after it has been altered.
Peg explained to Mr. Dangelo that DEP approved the initial project plan with no access
allowed through the swamp area of the site. The Commission cannot allow him to utilize the
new access roadway because he is in violation of the law.
Mr. Dangelo stated that he would like to submit a new plan to the Commission to reflect his
proposal for a new access roadway through the wetlands on his property.
Hank Langstroth requested that a survey showing elevations be included on a new plan.
Hank mentioned that he is not allowed to complete a project on his own property due to
federal and state regulations concerning an existing 3’ x 3’ certified vernal pool on the site.
Peg recommended that Mr. Dangelo stop all activity within the unauthorized work area. If he
is interested in proposing a new access roadway concerning his initial project then he should
submit a letter to the Commission with a copy to DEP requesting to amend the initial
Order of Conditions issued by the Commission. The letter should include how many
square feet of alteration is being proposed from the initial plan.
Mr. Dangelo expressed a willingness to comply with the concerns of the Commission.
Peg stated that the meeting minutes would reflect that the Applicant has agreed not to
perform any further unauthorized activities within the wetland areas of the site.
Page 3 SCC 3/20/08 Meeting Minutes
9:05 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the January 17, 2008 Meeting Minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
Peg called for a motion to approve the February 7, 2008 Meeting Minutes as presented.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
Peg Arguimbau, Hank Langstroth, and Stephen Cremer agreed that the No Quorum
Meeting Minutes of March 6, 2008 reflect what transpired in the meeting.
9:15 p.m. Old/New Business:
-Massapoag Sportsmen’s Club Update
Peg explained to the Commission that the Club’s lawyer is finalizing the following
documents for the proposed land swap:
· The Club is proposing to transfer a Conservation Restriction on land
that they propose to retain.
· The Commission’s QuitClaim Deed to allow the Club, with restrictions, to continue
existing use of the parcel.
Since the Commission has reached a quorum, Peg called for a motion to re-open the discussion
for the N.O.I. hearing for Hanna Fadel, DEP File Number SE-280-0493, and to close the hearing
pending feedback about a possible Conservation Restriction.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous.
Having reached a quorum, Peg called for a motion to open and close the RDA Hearing for
Marilyn Arrott, 11 Manomet Road, and to issue a Negative Determination to the Applicant.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
9:25 p.m. Signatures:
The Commission signed bills. Order of Conditions for Hanna Fadel, 320 Norwood Street,
DEP # SE-280-0493.
9:35 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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