Conservation Commission
Meeting
July 17, 2008
Peg Arguimbau Chairman, Katherine Roth, Elizabeth McGrath, and Stephen Cremer were the members present.
Christine Turnbull arrived at 8:10 p.m. Laura Nelson, liaison from the Finance Committee, was also present
8:00 p.m. Abbreviated Notice of Intent Public Hearing filed by Susan McNeill, to replace an existing failed septic system.
The proposed work lies within 100’ of the resource area for the proposed installation of two 1,000 gallon and
one 1,500 gallon septic tanks with two internal pump systems along with associated pipe and electrical connections,
at 156 Mansfield Street. DEP File #SE-280-0496:
Nikole Bulger from Bulger Engineering and Excavating appeared before the Commission to represent the Applicant.
Nikole submitted the green abutter cards and a proposed plan entitled,” Septic System Repair Plan,
156 Mansfield Street, Sharon, MA” dated 5/1/08 to the Commission. Due to the configuration of the existing house,
the proposed septic system, tanks, and pumping systems lie within 100’ of Harrigan Pond. The NHESP reviewed
the proposed project site and determined that the location of the proposed project does not lie within an estimated
Habitat of Rare Wildlife Species. Nikole explained to the Commission that the purpose of the proposed project is to
replace a failed septic system at 156 Mansfield Street. The existing house is located at the corner of Tracey Lane.
The size of the lot is approximately 95,676 sq. ft., and has a large pond area on the site. An existing pipe extends from
the house and lies within 35’ of a mean high water line of the Harrigan pond that is presently dry. The installation of
a 1,000 gallon combination tank pump chamber is being proposed to collect the flow from the pipe extending from the
house and will pump it toward the front portion of the property. This will redirect the flow away from the pond area,
disturbing the area as little as possible. The leaching field for the proposed septic system is being proposed more
than 100’ from the pond area. The installation of siltfence is proposed along the limit of work area for erosion control
during construction of the proposed project.
The Commission and Nikole Bulger discussed the possibility of placing a Conservation Restriction on the wetland
area in the back portion of the property.
Nikole agreed to review the Conservation Restriction option with the Applicant, and
stated that the prospective owner of the property will be informed about the opportunity to obtain a
Conservation Restriction on the site. Nikole will contact the Commission if the new homeowner is interested
in placing a Conservation Restriction on the property.
The Commission agreed to issue the Order of Conditions to the Applicant per submitted plan. The Orders will
state that the Applicant contact the Conservation Administrator prior to construction of the proposed project for
inspection of erosion control measures.
Peg called for a motion to close the hearing and to issue the Order of Conditions as per submitted plan.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous 5-0-0.
8:15 p.m. Signatures:
The Commission signed the Extension for the Piona Purchase & Sale Agreement.
The Deed for the Piona property located in the Cedar Swamp. The Uliano Agreement. Order of Conditions for
156 Mansfield Street. DEP File #SE-280-0496. Bills.
Page 2 SCC 7/17/08 Meeting Minutes
8:20 p.m. Old/New Business:
Mission Statements
Peg stated that the Charter Commission is requesting Mission Statements from all Town Departments.
The members of the Commission agreed that the Conservation Commission’s Mission Statement should
reflect the Wetland’s Protection Act as defined on the Commission’s Website.
Open Space Plan
Peg notified the Commission that all the corrections and re-draft of the sections of the
Open Space Plan are due in to her by the end of July so that she is able to compile a document for the August 5, 2008
Open Space Meeting. The members of the Open Space Committee will submit a draft copy of the Open Space Plan on
a laptop computer for Jennifer Goldson to review. A draft copy of the plan will be available to the public in the middle
of September for their comments. The final draft will be completed by the end of October to be submitted to the State.
The members of the Commission agreed to schedule time in September to review some land projects consisting of
approximately 10 Parcels that they would like to incorporate into the Open Space Plan.
CPC Appointment
Peg mentioned to the Commission that her term on the Community Preservation Committee will expire this year.
The CPC will be seeking two new members. Arnold
Cohen’s term is also expiring in 2008.
Grass Clipping Disposal Letter to Sharon Residents
The members of the Commission reviewed and revised the copy of the letter Betsy
drafted to Sharon Residents concerning yard waste disposal.
HFY Property
The Commission reviewed a letter from Joanne K. Hilferty of Morgan Memorial Goodwill Industries who is
offering to sell a former small HFY parcel to the Town for the current assessed value.
8:30 p.m. Thomas Altieri – Further discussion concerning the Cease & Desist Order at 61 Eisenhower Drive:
Thomas Altieri appeared before the Commission and presented five copies of a map prepared by the Sharon DPW.
He also submitted a copy of a sketch of lot 106/61 Eisenhower Drive, prepared by P.E.G. on 1/22/03. He also submitted a copy of a
Wetland Plan dated June 16, 2003 of 106 Eisenhower Drive for David Klayman. A
U.S.G.S. map was also presented. Plans from Gunthier Engineers were reviewed also.
Peg explained to Mr. Altieri why the map prepared by Sharon DPW of Lot # 73 is only a baseline of the property. Most of the time
the DPW determines wetland lines by aerial photography and wet water, as opposed to the State Regulations for determining a wetland.
Vegetation is also an indicator to determine a wetland. Topography and the presence of open water are some of the guidelines used by
the DPW to delineate wetland lines. She explained that the map prepared by the Town is only a starting point for the Commission to
come to some agreement concerning his project.
Peg explained that state wide Conservation Commissions request that wetland botanists flag wetland lines to be submitted on survey plans.
Page 3 SCC 7/17/08 Meeting Minutes
Thomas Altieri referred to the sketch prepared by P.E.G. showing a drainage ditch in the
rear of the lot that is parallel to his lot on Eisenhower Drive. He stated that the Town owns an easement adjacent to the drainage ditch.
Thomas Altieri feels that the drainage ditch raises the water level and causes flooding to occur on Lot 17.
Peg noted that the drainage ditch is more than 100’ away from Lot 17. The sketch prepared by P.E.G. states that it is for graphical
representation purposes only.
Thomas Altieri feels that the location of the drainage ditch might be located on the right
section of the Lot as opposed to the rear of the lot. Therefore, the wetland lines might not be accurate.
Stephen Cremer explained to Mr. Altieri that survey flags are also aligned in relation to the street.
Katherine Roth suggested an option to Mr. Altieri where he could hire more than one wetland scientist and negotiate a workable
agreement with the Commission. She explained that science changes and Mr. Altieri needs to follow the process. It is important
to negotiate with the Commission to establish an accepted wetland line.
Peg explained that the Commission has copies of plans defining wetlands on the property.
Activity has been done without a filing. Therefore, he is in violation with the Commission. It is necessary for him to be in
compliance with the Commission. Filing an application with the Commission is the first step in following the process
established by State Law.
Mr. Altieri expressed an interest in digging holes on the proposed site for soil testing.
She explained that Mr. Altieri could submit an application for his proposed project using the same wetland line that was
approved by the Commission for a previous filing.
The Commission discussed different options for filing an application concerning Mr. Altieri’s proposed project:
-Resource Area Delineation
-Request for Determination
-Abbreviated Notice of Intent
-Notice of Intent
Following the lengthy meeting with the members of the Commission, Mr. Altieri indicated that he understood the
Commission’s position but did not agree.
9:15 p.m. Sight Line request for Sharon Commons:
Present: Developer, Mr. Intoccia. Ken Caputo. Hans Van Lingen from Coler and Colantonio.
Mr. Intoccia updated the Commission with the proposed project:
· Clear-cut trees down to the 50’ No Disturbed Zone on So. Walpole St. &
began grinding the stumps.
· The Devleloper is having difficulty in getting the tenants he has on line to sign-up. The potential tenants are requesting
that the Developer improve the sight line visibility from Rte. 95 to the proposed development site in some areas.
· The engineers for the proposed project are considering to clear-cut or trim
a percentage of the trees to gain more visibility from the site to Rte. 95.
Hans Van Lingen is proposing the following to improve the sight lines into the site from Rte. 95 with a minimal amount of clearing.
· To thin out 50% - 70% of the tree canopy cover mainly outside the 50’ Buffer Zone to improve the sight line as well as the
aesthetic qualities of the development site.
· A 10% reduction of the tree canopy cover is proposed within the 50’ Buffer Zone.
Additional clearing would include vista pruning of shrub ends and saplings.
Mr. Russ Cobb has machines that are low impact and designed to perform the clearing work within the 50’ Buffer Zone.
Page 4 SCC 7/17/08 Meeting Minutes
Ken Caputo explained to the Commission that the goal is to open up the lower layer of
saplings to be able to see through the trees in three area zones. It would remain a forested buffer. He requested that the
Conservation Administrator assist in the tree clearing selection process as follows:
· To delineate the tree clearing for the canopy area and the zones for pruning and trimming the sapling/shrub layer.
Peg explained to the members of the Commission that during a recent site visit, Russ Cobb felt that there is more advantage
to prune/trim the tall trees and remove the shrub
layer for improving the sight line visibility from Rte. 95.
Hans proposes to remove the mature White Pines, weakened Ash and Oak Trees. He
Stated that a minimal amount of tree clearing work is being proposed to accomplish the goal of improving the sight lines for
the proposed development project.
Peg called for a motion for the Commission to consider the request letter received from the Developer on 7/17/08 for improving
the sight lines for the proposed development. The Commission is allowing the work to begin in Area 2. The work will be
monitored by the members of the Commission upon visiting the site. The Commission will recognize the three work areas
mentioned in the request letter, with the initial focus on Area 2. The selection process for the requested work will be carried
out with the assistance of Tom Houston, Greg Meister, Ken Caputo, and Hans Lingen.
Stephen Cremer moved. Katherine Roth seconded. Voted. Unanimous.
10:00 p.m. Adjournment:
Peg called for a motion to adjourn.
Christine Turnbull moved. Elizabeth McGrath seconded. Voted. Unanimous.
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