Conservation Commission
Meeting
August 14, 2008
Peg Arguimbau Chairman, Janet Dunlap, Hank Langstroth, Katherine Roth, and Elizabeth McGrath were the members present.
7:45 p.m., N.O.I. Public Hearing filed by Alan & Laurie Brown, for the proposed installation of a deck and a 4’ high retaining wall
within the 100’ Buffer Zone for an existing single family home at 12 Eisenhower Drive, DEP File # SE-280-0497:
Steven Bachofner from 1389 Bay Road attended the hearing as an interested person.
Paul Brodmerkle, P.E., from Site Design Professionals, appeared before the Commission to represent the Applicants.
He submitted the green abutter cards and a proposed plan entitled, “Notice of Intent Plan # 12 (Lot 5A) Eisenhower Drive,
Sharon, MA, dated 7/8/08.” The proposed project is located at the southern end of Eisenhower Drive.
The house was previously permitted with the initial subdivision plan.
Paul Brodmerkle explained to the Commission that the Applicants are proposing to construct a 41’ long, raised deck, on the back portion
of the existing home at 12 Eisenhower Drive.
The installation of sonotube foundations are being proposed to support the columns for the deck. The proposed project also includes
the construction of a 12’ x 4’ stone mason retaining wall at grade level along the back corner of the house to mitigate the lawn area.
The proposed work includes a corner of the proposed deck and one sonotube foundation constructed within the 100’ Buffer Zone
of a bordering vegetated wetland to Dry Pond. The Applicants withdrew their initial request for placing 6” of crushed stone at the
bottom of an existing detention basin on the back portion of the site as a result of the Town Engineer’s inspection of the proposed project.
The Town Engineer explained, in his July 10, 2008 memo to the Commission, that the best way to address the issue of high water in the
abutting pond is by removing the boards from the pond’s outlet control structure.
The Commission requested the following information for the proposed project:
-For the Applicant to mark the proposed limit of work line approved by the Commission along the lawn area.
- For the Applicant to contact the Conservation Administrator before the start of work for inspection of erosion control measures
for the proposed project.
Paul Bachofner agreed to comply with the Commission’s requests.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant as per the submitted plan.
Hank Langstroth moved. Janet Dunlap seconded. Voted. 5-0-0.
8:15 p.m., Peter Dangelo, further discussion concerning the Enforcement Order at 140 Maskwonicut Street:
Peter Dangelo appeared before the Commission and acknowledged receipt of a letter from Town Counsel dated August 4, 2008
concerning his violation with the Commission for alteration of the wetlands on his property. Mr. Dangelo said that he does not
understand why he needs to file with the Commission for permission to use an existing path on his property. He explained to the
Commission that he has graded the path to smooth out the ruts as well as plowed snow on the path. He prefers to access the
upper portion of his property by driving on the path as opposed to walking 400’ along Maskwonicut Street.
He is not proposing to modify the size of the path.
The Commission explained to Mr. Dangelo that he could have made the request to utilize
the existing cart path under his initial filing with the Commission DEP # SE-280-431.
Page 2 SCC 8/14/08 Meeting Minutes
Mr. Dangelo stated that he was advised by Mr. DeCesare from DEP as well as an Environmental Counsel, that he was not
required to file with the Commission to use an existing path on his property unless he was proposing to increase its size.
Peg stated that she also spoke with Mr. DeCesare and he did not recall or deny speaking to Mr. Dangelo. She was informed
by DEP that their standard policy is to refer people to the Conservation Commission office located in their own area.
Janet Dunlap suggested that Mr. Dangelo continue discussing this issue with his counsel, and to review the
Town’s Bylaws and Regulations with him, and then request another hearing with the Commission.
Mr. Dangelo stated that he is still interested in placing a Conservation Restriction on his property for protecting
two bodies of water on the site, although the Town has not indicated that they would grant him any tax relief for the Restriction.
The Conservation Administrator said that he is willing to contact the Assessor’s Office
to obtain further information concerning the Conservation Restriction.
Mr. Dangelo was reminded of the Commission’s previous request to place a siltfence barrier across the new wetland
crossing that he constructed on his property without permission.
Mr. Dangelo agreed to comply with the Commission’s request.
Mr. Dangelo plans to meet again with the Commission with a proposed plan for replanting the initial wetland crossing
that was originally approved by the Commission.
Peg called for a motion for the Commission to work with Town Counsel in writing a follow-up letter to Mr. Dangelo,
based on the minutes of their August 14, 2008 Commission Meeting. The Commission will contact DEP to request their input
and support of the Commission’s dispute with Mr. Dangelo. The Commission will send DEP copies of the letters addressed to
Mr. Dangelo, from Town Counsel, concerning this issue.
Janet Dunlap moved. Hank Langstroth seconded. Voted. 4-0-1.
8:45 p.m., Joel Angus - Violation at 52 Highland Street:
Peg explained to the members of the Commission that the office was notified of tree work being performed inside the
100’ Buffer Zone in the back wetland area of 52 Highland Street without the owner filing an application filing with the Commission.
Mr. Angus stopped all of his proposed work when he was notified by the Conservation Administrator that he was in violation due
to activities performed within the 100’ Buffer Zone without the Commission’s approval.
Mr. Angus stated that he was a former Environmental Attorney in California and understands the importance of the Commission’s
work in wetland preservation. He explained that approximately 25 trees were damaged along with his other personal property during
a micro burst storm event approximately two years ago. Immediately following the storm event, he notified the Commission office as
to the extent of the tree damage on his property. At that time, the Conservation Administrator gave him permission to remove the
leaning and fallen trees from his property. He cleared away only a few trees on the site as he was unable to complete the job at the
time due to the expensive $30,000.00 quote he received for the tree removal project. Since then, it has been a work in progress.
He has done some tree clearing work on his own as well as hiring tree removal contractors. A few months ago, a logging company
responded to an ad that he placed for offering free wood in exchange for tree clearing work. This resulted in completing most of the
work on his property. Some of the resulting tree and brush clearing work has occurred within a wetland area along the path on the
back of his property that extends from Glendale Road to Highland Street. Mr. Angus explained to the Commission that there are
4’ high stack piles of sticks along with other yard debris remaining from the previous brush and tree clearing work along the
pathway that he would like to be removed.
Page 3 SCC 8/14/08 Meeting Minutes
Peg requested that Mr. Angus file a Request for Determination Application with the Commission for any future proposed work
within the 100’ Buffer Zone from the wetlands on the site.
Mr. Angus agreed to comply with the Commission’s request.
He also expressed his concern to the Commission as to the number of unregistered vehicles parked on a nearby property owned
by Mr. Frye. He is concerned that oil/gas leakage from some of the vehicles might be seeping into the adjacent wetland areas.
The Conservation Administrator said he would consult with the Building Inspector concerning the regulations for storing
unregistered vehicles onto personal property in Sharon.
9:00 p.m., Old/New Business:
-PIONA DEED, 36R Norfolk Place/R. Essex Road:
The Commission reviewed and voted to accept the QuitClaim Deed for the Piona Parcel as follows:
Janet Dunlap moved for the Commission to proceed with the closing for the Piona property despite the exception to be noted
in the Title search.
Elizabeth McGrath seconded. Voted. Unanimous.
- SPORTSMEN’S CLUB LAND SWAP RE-AFFIRMATION VOTE:
Janet Dunlap moved for the Commission to re-affirm the vote to release the portion of the Pozza property to accomplish
the land swap with the Massapoag Sportsmen’s Club.
Hank Langstroth seconded. Voted. 4-0-1.
-CEDAR SWAMP SURVEY:
Peg called for a motion for the Commission’s approval to expend $3,000.00 from the
Commission’s budget for the completion of Leo Glover’s engineering survey of the
Cedar Swamp.
Katherine Roth moved. Janet Dunlap seconded. Voted. Unanimous.
- 22 MANOMET ROAD, SCOTT and ANN MARIE ROSA:
The Commission reviewed a new Plot Plan with a delineated wetland line dated July 18, 2008, for a proposed 11’ x 16’ porch
at 22 Manomet Road.
The Conservation Administrator explained to the Commission that Scott and Ann Marie Rosa submitted a proposal for adding
a roof to an existing deck at 22 Manomet Rd.
The submitted proposed project conforms to the ZBA Rules and Regulations. The members of the Commission agreed that th
e proposed project involves a minor activity within a 100’ Buffer Zone, and would not require filing an application with the Commission.
-COMMUNITY PRESERVATION COMMITTEE VACANCY:
Peg explained to the Commission that her term on the CPC is ending soon, and
it is necessary for a member from the Conservation Commission to assume her role.
9:25 p.m., Signatures:
The Commission signed bills. Addendum to the Piona Purchase and Sale Agreement for the Real Estate transaction concerning
36R Norfolk Place and R. Essex Road dated May 1, 2008; the closing date has been extended until August 25, 2008.
Order of Conditions for 12 Eisenhower Dr., DEP File # SE-280-0497. Conservation Restriction, Hanna Fadel, 1.0557
Acre Parcel on High Plain Street, DEP File # SE-280-0493.
9:30 p.m., Adjournment:
Peg called for a motion to adjourn. Hank Langstroth moved. Janet Dunlap seconded. Voted. Unanimous.
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