Conservation Commission
Meeting
October 2, 2008
Peg Arguimbau Chairman, Hank Langstroth, Elizabeth McGrath, Janet Dunlap, and Christine Turnbull were the members present.
Stephen Cremer arrived at 8:15 p.m.
7:45 p.m. The Commission reviewed the Charter Commission Survey:
The members of the Commission compiled a summary of information for the Charter Commission Survey as requested.
Peg stated that she would submit the completed survey to the Charter Commission
on behalf of the Commission and retain a copy of the survey in the office files.
8:00 p.m. Michael Intoccia to discuss proposed 40R for Sharon Commons:
Attorney Bob Shelmerdine and Michael Intoccia appeared before the Commission, and reviewed the following
preliminary, “Friendly 40B/LIP”, site plans with the Commission:
· North Landscape Site Locus Plan of Villages at Sharon Commons, dated 8/13/08.
· Site Locus Overview of Sharon Commons, dated 8/13/08.
· Site Locus of Sharon Commons, southern parcel, dated 8/13/08.
Attorney Shelmerdine explained to the Commission that the Town hired Land Attorney, Mark Bobrowski, to
assist with filing a proposed 40B/ LIP Application with the Selectmen, consisting of 168 units for the
Sharon Commons project.
Attorney Shelmerdine presented a brief overview of the proposed project to the Commission:
· 30 proposed townhouses on the southern residential parcel left of South Main Street.
· Lot 1 located on the northern residential parcel -100 apartments proposed in the “L” shaped Building.
· Lot 2 located on the northern residential parcel - 38 proposed condos.
(All of the condos will include at least a one car garage and a driveway.)
· Lot 3 located on the northern residential parcel - 2 acre parcel proposed for parking as well as a
wastewater treatment facility to service all of the168 units.
· Old Post Road has not been re-designed. It is located in the center of the development parcel.
Attorney Bobrowski is drafting a 40R zoning amendment for approval by the Selectmen for the upcoming
Town Meeting. Michael Intoccia is scheduling a meeting with the Planning Board before the November
Town Meeting to review the proposed 40R zoning amendment change for his Sharon Commons Development Project.
The 40R zoning amendment is an overlay district that allows for a Smart Growth Initiative. It pertains to land that is
close to transportation and is a mix of both residential and commercial use. The 40R zoning amendment also provides
the Town with some bonuses and cash payments from the State. It is stated in the Sharon Commons Memorandum of
Understanding that the construction of 168 units has been approved by the Selectmen.
Mr. Intoccia explained to the Commission that the proposed 40R is also comprised of 168 units. He said that he would
be exempt from the 20% profit cap if his development proposal for Sharon Commons is changed to a 40R from a
40B/LIP Project. As a result, he is willing to put more money into the buildings for his proposed development project.
He proposes to revise his plan to include an indoor parking garage. He is also proposing to add approximately
42 units to his 40R development project on the property he recently purchased from Mr. Gobbi.
Page 2 SCC 10/2/08 Meeting Minutes
Attorney Shelmerdine explained to the Commission that an affirmative Town Meeting vote to amend the zoning for
a 40R Development would make the Town eligible to receive a cash outlay in the amount of $200,000.00 for
100-200 units plus $3,000 for every Building Permit issued for the units. The Town would be entitled to
receive $350,000.00 for 201-500 units. Attorney Shelmerdine discussed the following two Warrant Articles being
proposed by the Selectmen for the upcoming Town Meeting:
· An amendment to rezone the northern and southern residential parcels of Sharon Commons for a
proposed 40R development comprised of 168 units.
· Upon approval of the first Warrant Article, the new parcel purchased from Mr. Gobbi would be added to the
map under the same zoning district as the Sharon Commons 40R development project.
(The Town would be eligible to receive an additional $150,000.00 cash outlay
plus $3,000.00 for every building permit issued for the additional 42 units
constructed on the property previously owned by Mr. Gobbi.)
Attorney Shelmerdine explained to the Commission that the Town would begin processing two applications under
a proposed 40B/LIP project if the proposed 40R does not obtain Town Meeting approval. An appraisal would need
to be performed sometime during the 40B/LIP Application process.
The Commission expressed their concern for the encroachment within the100’ Buffer Zone to an existing
wetland resource area located on the right side of the proposed development coming from South Main Street.
(The area of the six-unit Town Houses.) Attorney Shelmerdine explained that it is classified as an
existing isolated wetland by the State and only recognized as a wetland resource area under the Town Bylaws.
Peg stated that the installation of erosion control measures will be required by the Applicant during construction
of the proposed project for protection of the isolated wetland area.
Michael Intoccia stated that he is willing to modify his proposed development plan to address the concerns of
the Commission.
Attorney Shelmerdine explained to the Commission that the entrance into the development parcel will be through
Old Post Road as opposed to South Main Street.
Hank Langstroth inquired if an additional plan would be submitted to MEPA for the proposed construction of
42 units on the property that the developer recently purchased from Mr. Gobbi.
Attorney Shelmerdine explained that it might be necessary to submit a Notice of Project Change to MEPA for the
additional 42 units.
Peg suggested that the developer either design as many units as possible on the two house lots that he recently
purchased from Mr. Gobbi, as opposed to the 4.1 acres, or design the units as close to Old Post Road as possible.
Attorney Shelmerdine explained that the developer is reaching out to all local town boards/committees for feedback
concerning the 40R development proposal. He explained some of the following differences between a
40B and 40R development project:
40B
- Subject to State Rules/Regulations
- 20% profit limitations for developers
- Deed Restriction/Perpetuity
- Certification costs
- Property Appraisal
- Affordability Component (25% minimum)
- 168 units (3 more affordable units required for 168 units/ 5 more for 200 units.)
40R
- Subject to Town Boards Rules/Regulations
- Deed Restriction/Perpetuity
- Affordability Component (20% minimum on ownership 25% on rental)
- 168 units (3 less affordable units required for 168 units/ 5 less for 200 units.)
.
Page 3 SCC 10/2/08 Meeting Minutes
Michael Intoccia stated that he would like to install the piping for the drainage system underneath
Old Post Road as soon as possible for his entire proposed project.
Peg requested that Michael Intoccia review his proposed drainage plans for Old Post Road with
Mr. Bottomley before proceeding with the pipe/culvert installation to ensure the protection of the bogs.
Michael Intoccia agreed to comply with Peg’s request.
Michael Intoccia stated that he is planning to meet again with the Commission before the upcoming
November Town Meeting.
8:45 p.m. Signatures:
The Commission signed bills. Order of Conditions for Mr. Aronson, 229 Billings St.
DEP File Number SE-280-0499. Certificate of Compliance for Mr. Kaplan, 9 Circle Way, DEP File Number SE-280-0494.
Extension Permit for Herb Chambers, DEP File Number
SE-280-0454. Certificate of Compliance for Mr. Iverson, 13 Aspen Road,
DEP File Number SE-280-0476.
9:00 p.m. Approved past Meeting Minutes:
Peg called for a motion to approve the June 5, 2008 Executive Session Meeting Minutes as presented.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. 5-0-1.
Peg called for a motion to approve the June 5, 2008 Meeting Minutes as amended.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. 5-0-1.
Peg called for a motion to approve the June 19 Meeting Minutes as presented.
Hank Langsroth moved. Janet Dunlap seconded. Voted. 4-0-2.
Peg called for a motion to approve the July 17, 2008 Meeting Minutes as presented.
Elizabeth McGrath moved. Christine Turnbull seconded. Voted. 4-0-2.
Peg called for a motion to approve the August 14, 2008 Meeting Minutes as presented.
Elizabeth McGrath moved. Janet Dunlap seconded. Voted. 4-0-2.
The members of the Commission in attendance at the September 4, 2008, No Quorum Meeting, agree that the
minutes reflect the information presented at the meeting.
9:20 p.m. Old/New Business:
Peg presented the members of the Commission with a copy of Attorney McIntyre’s letter expressing the
appreciation of his clients, Eleanor and Donald Uliano, to the Commission for their cooperation during a
recent real estate transaction concerning the Piona land adjacent to their home on Norfolk Place.
Peg called for a motion to continue the hearing filed by the Sharon DPW for the proposed repairs to the
existing dam and spillway at Mann’s Pond, DEP #SE-280-0498, until further notified by the Applicant.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.
9:25 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
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