Conservation Commission
Meeting
May 1, 2008
Peg Arguimbau Chairman, Hank Langstroth, Stephen Cremer, Katherine Roth, and Elizabeth McGrath, were the members present.
Janet Dunlap arrived at 8:05 p.m.
7:45 p.m. The Commission reviewed the P & S Agreement for the Piona parcels contiguous to Cedar Swamp. Warrant Article 24 of the May 5, 2008 Town Meeting:
Peg read aloud for the Commission the following motion concerning the Piona Parcels Uniqueness Determination Vote:
The Town of Sharon, acting by and through its Conservation Commission, wishes to enter into an agreement with Joan Piona to acquire by purchase
all or part of certain parcels of undeveloped and unimproved real estate located in Sharon, Massachusetts, containing 36.15 acres, more or less, consisting
of approximately 20.65+/- acres, identified as 36R Norfolk Place; 7.50 +/- acres, identified as 36R Norfolk Place; 8.0 +/- acres, identified as R Essex Road,
together with any easement and/or other rights to said parcels except as specifically limited as follows: the Seller retains a 40 foot right of way, as shown
on the Land Court Plan filed with Case No. 31209, granted to Albert Piona from Julio and Eleanor Uliano on February 1, 1963 and shall convey only limited
rights to the Town regarding the use of said Right of Way. The use of the Right of Way shall be limited to Town officials, employees and agents.
Pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16, the Town of Sharon must solicit proposals prior to leasing real
property at a cost exceeding $25,000.00, unless the Town of Sharon determines in writing that advertising for the submission of proposals will not benefit
the Town’s interest because of the unique qualities or location of the real property needed.
The Commission hereby declares as follows:
The Town of Sharon Conservation Commission has determined that advertising for proposals pursuant to the provisions of Massachusetts
General Laws Chapter 30B, Section 16(d), will not benefit the interest of the Town of Sharon because the property to be acquired contains unique
geologic, vegetative and ecosystem features. Specifically, the property to be acquired is uniquely situated in that it is part of a 350-acre
Atlantic White Cedar forested peatland, known as the Sharon Great Cedar Swamp, most of which is currently Town owned conservation land.
The land is also in close proximity to the Canoe River Wilderness Area. Located on the surface of the Town's central, unconfined stratified drift aquifer
and within a designated Zone II area, the Great Cedar Swamp is a primary source and purifier of Sharon's drinking water. Southeastern portions
of the Great Cedar Swamp lie within the lower watershed of Lake Massapoag and the Town's Surface Water Protection District, implemented
to preserve this valuable resource. The Great Cedar Swamp is vital to the health and sustainability of Sharon's independent water supply
and Lake Massapoag.
In light of the foregoing, it is the opinion of the Commission that it is proper to waive the publication requirements of
Massachusetts General Laws Chapter 30B, § 16 with respect to this acquisition.
The Commission further declares that pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16(e) (1),
the Commission shall publish this determination along with the names of the parties having a beneficial interest in the property
and the proposed purchase price in the Massachusetts Central Register not less than thirty (30) days before the Town of Sharon
executes a binding agreement to purchase the property.
Peg called for a motion to accept the proposed Uniqueness Determination Vote.
Stephen Cremer moved to accept the Piona Parcels Uniqueness Determination Vote as drafted and presented to the Commission.
Hank Langstroth seconded. Voted. Unanimous.
Page 2 SCC 5/1/08 Meeting Minutes
Janet Dunlap arrived
8:05 p.m. Massapoag Sportsmen’s Club – Update:
Peg explained to the members of the Commission that negotiations concerning the land swap have been ongoing since 1998.
On behalf of the Commission, Peg and Hank have periodically met together with the Club in an effort to reach a land swap agreement.
Peg presented a copy of a map outlining the parcels for the proposed land swap agreement:
-The Commission presently owns the property outlined in green on the map.
-The Club currently owns the property outlined in black on the map.
-The area outlined in blue on the map delineates the property to be transferred to
the Commission in the proposed land swap agreement.
Peg presented to the Commission, for their review, copies of the following documents that are being finalized by the Club’s lawyer
for the proposed land swap agreement:
-Conservation Restriction on the land that the Club proposes to transfer to the
Commission.
-Conservation Restriction on the land that the Club proposes to retain.
- Conservation Restriction in the Commission’s QuitClaim Deed to the Club that would
reference allowed restrictions, ( i.e., the continued existing recreational use of the
parcel.)
The Club proposed to harvest trees to obtain firewood for their own use on property proposed to be transferred to the Commission.
There was no harvest. The Club anticipates receiving some private funding upon completion of the land swap agreement with
the Commission. The Club might also have the opportunity to obtain funding from a non-profit organization if they agree to place
a Mass Audubon Restriction on a portion of their property. The Town is creating a new access of an easement located on the
north side of 83 Belcher Street. The width of the easement will not exceed 8’. It is the Club’s desire to access Gabriel Road
through a portion of the property that they propose to transfer to the Commission. The Commission’s proposal to place the
Winslow Road Land Transfer Article on the Warrant for the May 5, 2008 Town Meeting was postponed due to the Selectmen’s
request. The Commission anticipates re-submitting the Article for an upcoming Town Meeting. The land swap agreement would
result in the Commission transferring approximately 18 acres of land to the Club, and the protection of approximately 30 acres of open space.
Hank Langstroth volunteered to draft an RFP for surveying services for advertisement in the local newspaper concerning the
Massapoag Sportsmen’s Club Land Swap.
8:45 p.m. The Commission reviewed the proposed Warrant Article 6 of the May 5, 2008
Town Meeting:
Vote:
That the sum of $25,000.00 originally appropriated to the Board of Selectmen and
the Conservation Commission under Article 10 of the May 13, 2002 Town Meeting for
the purpose of obtaining appraisal reports for the property known as Rattlesnake Hill,
is no longer needed for that purpose and should be transferred to the operating budget of
the Conservation Commission for the purpose of preserving, protecting, improving and
studying the property known as the Cedar Swamp.
Peg called for a motion to accept the proposed Article 6 of the May 5, 2008 Town
Meeting as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
Page 3 SCC 5/1/08 Meeting Minutes:
9:00 p.m. Old/New Business:
Peg discussed the following list of items for the Commission to review for completion
of the new Open Space & Recreation Plan: Inventory of Lands, Conservation/Recreation
Interests, and to identify parcels on a map that are of interest to the Commission for the preservation of
Open Space. Peg reviewed the following list of parcels of interest
to the Commission that she prepared approximately one year ago:
- Billings Land (completed)
- Massapoag Sportsmen’s Club (almost completed)
- Camp Gannett (almost completed)
- Cedar Swamp (completed)
- Crescent Ridge
- North Main Street property by Car Shop Pond (long, deep lots)
- Sreda parcel (a small piece of land by King Philip’s Rock parcel)
- Morse Farm property
The Conservation Administrator suggested adding the Zola property to the Commission’s list of parcels of
interest for the new Open Space Plan. (Approximately 20 acres in Sharon by Drake Circle.)
Janet Dunlap suggested that the Commission identify the Steiner property on South Walpole Street on their
map for the new Open Space Plan.
Elizabeth McGrath suggested that the Commission also include the Gobbi property on their map for the new
Open Space Plan. (The Pine Woods Parcel)
9:10 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the March 20, 2008 Meeting Minutes as amended.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. 3-0-3.
Peg called for a motion to approve the April 24, 2008 Meeting Minutes as amended.
Katherine Roth moved. Elizabeth McGrath seconded. Voted. 4-0-2.
9:15 p.m. Signatures:
The Commission signed four copies of the Purchase and Sale Agreement for the acquisition of the Piona parcels,
contiguous to Cedar Swamp. Tax Abatement document requested by the Town Assessor for
parcel 49-2, 100 Wolomolopoag Street, Askenazy land donation located within the Cedar Swamp area.
9:25 p.m. Adjournment:
Peg called for a motion to adjourn.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
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