Conservation Commission
Meeting
June 5, 2008
Peg Arguimbau Chairman, Hank Langstroth, Elizabeth McGrath, Stephen Cremer, and Christine Turnbull, were the members present.
7:45 p.m., Abbreviated Notice of Intent Public Hearing filed by Paul Kaplan, for the proposed landscaping and enhancement
planting within the 100’ Buffer Zone at 9 Circle Way. DEP File Number SE-280-0494:
Abutters/Interested Persons were present in the audience. See attached list.
The Applicant appeared before the Commission and submitted a Certified Plot Plan dated May 8, 2008 for the proposed project.
Due to a misunderstanding, the green abutter cards were not submitted. The Applicant notified the abutters for the proposed
project by certified mail without return receipt requested.
The Conservation Administrator explained to the Commission that he performed a site inspection at 9 Circle Way last Fall when
he learned that Mr. Kaplan started clearing some trees on the site prior to submitting a filing with the Commission. The results of
the Conservation Administrator’s inspection indicated that activity was being performed inside the 100’ Buffer Zone. Mr. Kaplan
believed he was working outside of the 100’ Buffer Zone based on the information contained in a Plan that he obtained from the
Sharon DPW. It was agreed for the proposed project to be postponed until the spring when the Conservation Administrator meets
with the Applicant’s consultant to accurately identify the delineated wetland line on a survey plan. The Conservation Administrator
met with the Applicant’s consultant on May 8, 2008 to establish the delineated wetland line on the back portion of the proposed project
site. The Conservation Administrator requested that the Applicant submit a filing with the Commission for the proposed landscaping
and enhancement work along the edge of the delineated wetland line, and restoration of the 100’ Buffer Zone. Mr. Kaplan expressed
his desire to expand the back portion of his property to provide a larger play area for his children. He proposes to plant grass and
install plantings, as suggested by the Conservation Administrator, for the enhancement and restoration of the 100’ Buffer Zone
located in the back of his property. (Approximately 15’ from the delineated wetland line.) The Applicant proposes to install a
siltfence for erosion control along the limit of work until completion of the project.
The abutters/interested persons in attendance expressed their concerns regarding the possibility of flooding occurring onto
abutting properties from the proposed project.
The Applicant stated that he does not propose to change the grading on the property from the project. Approximately 3”
of topsoil is being proposed for re-seeding the lawn area upon completion of the project. Some gravel is being proposed
for filling in the three divots located in the backyard area. The Applicant marked the location of the three divots on the
submitted plan for the Commission. The Applicant stated that he is not proposing to install an irrigation system for this project. The Commission requested that the Applicant only use organic products on the
new lawn area.
Peg asked the two present abutters, Stephen Grayman and Amy Connell, if they had been properly notified of the proposed project.
The Abutters replied that they had received proper notification, and were not opposed to the proposed project.
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Peg stated that the office of the Commission would contact the remaining names on the abutter’s list to confirm that they have been
properly notified of the proposed project. The Commission explained that the Order of Conditions for the proposed project will state
that prior to the winter of 2008, the Applicant shall perform the restoration planting as proposed, and request an inspection by the
Conservation Administrator upon completion. Seventy-five percent (75%) survival of specimen planting shall be documented after
two full growing seasons before a Certificate of Compliance is issued.
The Applicant agreed to comply with the Commission’s requests.
Peg called for a motion to close the hearing and issue the Order of Conditions to the Applicant pending resolution of the notification to abutters.
Hank Langstroth moved. Stephen Cremer seconded. Voted. 5-0-0. Unanimous.
8:00 p.m., Massapoag Sportsmen’s Club Update:
Joe Mahoney, along with another member from the Sportsmen’s Club, appeared before the Commission.
Peg explained that, following a meeting she attended with Hank and the Club’s Land Committee back in May,
a survey proposal has been drafted. Hank has completed an RFP for that survey. Peg is planning to meet with a group of
people in June in an effort to secure funding for the survey.
Joe explained to the members of the Commission that the Club’s Board of Director’s voted and were in agreement for the proposed land swap.
Peg said that during the meeting she attended in May, the Club expressed their opinion that it would be necessary to find new skeet field locations
due to the land swap.
Hank explained that during that meeting, it was agreed to add language into the agreement that would require an access to be maintained.
However, a location for the new access has not yet been identified.
Peg stated that the Commission would be willing to designate an area that would be mutually agreeable with the Club that would provide
a few new parking spaces, if necessary. She plans to seek advice from Town Counsel for incorporating the proper language into the proposed
land swap agreement.
Peg will report back to the Club after more information is received concerning the survey proposal.
8:15 p.m., Peter Dangelo - Further discussion concerning the Enforcement Order at 140 Maskwonicut Street:
The Applicant appeared before the Commission.
The Commission reviewed their discussion from their previous meeting with the Applicant.
Peg reminded the Applicant that to be in compliance with the Commission, it would be necessary to file a Notice of Intent
with the Commission if he is still interested in proposing a new access to the upland on his property.
The Applicant re-stated his opinion to the Commission that he was unaware of any obligation to appear before the Commission
for the purpose of utilizing an existing access road on his property. However, after discussing the issue again with Greg and Peg
during a recent site visit, he understood the Commission’s position in not allowing two wetland crossings for access to the same
upland area for a proposed project. Therefore, the Applicant would not be opposed to eliminating the original crossing and filing
an application with the Commission for a new access to the upland area of his property. He explained to the Commission that he is
not trying to set a precedence regarding his proposed project.
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The Applicant stated that he might consider installing a little old fashioned bridge to cross over the wetlands to access the
upland area on his property.
The Conservation Administrator explained to the Applicant that it would be necessary for him to comply with DEP’s stream crossing
standards and regulations if he proposes to install a culvert to cross over the wetlands to access the upland on his property.
The Conservation Administrator verified that the Applicant has installed a siltfence surrounding the disputed wetland crossing,
as requested by the Commission.
The Applicant has suggested working together with the Conservation Administrator to design a proposed plan for restoring the
buffer along the original crossing.
The Applicant intimated that he would submit a new proposal to the Commission for one wetland crossing on his property, and a
wetland replication plan with at least a one to one ratio. He proposes to contact the Conservation Administrator for an initial
viewing of his proposed work.
The Commission requested the following from the Applicant:
- For the Applicant to keep the backhoe equipment out of the wetlands on the site
- For the Applicant to stop the activity in the wetlands on the property
- For the Applicant to submit a survey plan when filing a new wetland crossing proposal with the Commission
The Applicant seemed amiable to meet again with the Commission on June 19, 2008.
8:45 p.m., Thomas Altieri – Further discussion concerning the Cease & Desist Order at 61 Eisenhower Drive:
Due to Mr. Altieri’s absence, the Commission agreed to draft a letter to Mr. Thomas Altieri requesting him to attend the Commission’s
next meeting scheduled for June 19, and remind him that the Cease and Desist Notice issued by the Commission is still in effect.
8:50 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the May 15, 2008 meeting minutes as presented. Stephen Cremer moved. Elizabeth McGrath seconded.
Voted. Unanimous.
8:55 p.m., Signatures:
The Commission signed bills. Order of Conditions for 9 Circle Way, DEP #SE-280-0494.
Extension Permit for Hunter’s Ridge Project, DEP File #SE-280-0455.
9:00 p.m., Executive Session:
Peg called for a motion to enter into Executive Session to discuss potential litigation.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.
9:35 p.m., Adjournment from Executive Session:
Peg called for a motion to adjourn from Executive Session.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
9:40 p.m., Old/New Business:
The Commission discussed strategies to help prevent the lawn/yard~waste dumping activities occurring on
conservation properties along Gavins Pond Road.
9:45 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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