Conservation Commission
Meeting
December 4, 2008
Peg Arguimbau Chairman, Elizabeth McGrath, Hank Langstroth, Stephen Cremer, and Katherine Roth,
were the members present. Janet Dunlap arrived at 8:00 p.m.
7:45 p.m., RDA Public Hearing filed by Paul Bisceglia for the proposed grading and site preparation
associated with the construction of a single family house located at 88 Walpole St.:
The Applicant, Paul Bisceglia, appeared before the Commission and presented a proposed plan
dated 2/15/08, entitled, “88 Walpole Street, Proposed Single Family Plan of Land in Sharon, MA.”
The Conservation Administrator previously met at the site with the Applicant to review the wetland line,
and analyze soils and vegetation. Based on the results of the Conservation Administrator’s inspection,
it was recommended that the Applicant submit a filing with the Commission for his proposed work to
remove the debris within the 50’ Buffer Zone of the project site.
The Applicant explained to the Commission that some of the debris lodged in the soil contains old tires,
bicycles, lawnmowers, and material from a shed that was previously present on the site. He proposes to
remove the debris within the 50’ Buffer Zone by using small excavation equipment.
The Applicant obtained variances from the Zoning Board of Appeals for the proposed razing and
replacement of a single family house on a nonconforming lot. He explained to the Commission that the
installation of a new deck is included on the proposed project plan. The size of the deck is
approximately 15’ x 12.’ The building materials for the proposed deck will be comprised of pressure
treated wood. Minimal tree clearing work is being proposed for this project. Some of the saplings
around the perimeter of the property, as well as the trees with overhanging branches on top of the
roof of the existing house, are proposed to be removed for the project.
The Commission agreed to approve the Applicant’s proposed project as per submitted plan.
Peg called for a motion to close the hearing, and to issue a Negative Determination to the Applicant
with the condition that the Conservation Administrator be notified five business days prior to
any proposed demolition/site work.
Hank Langstroth moved. Katherine Roth seconded. Voted. Unanimous.
Janet Dunlap arrived at this time
8:00 p.m., N.O.I. Public Hearing filed by Gary L. Werden under M.G.L.c. 131 § 40, and
the Sharon Wetlands Protection By-laws for the proposed construction of a boat house on the
edge of a Bordering Vegetated Wetland at 95 Beach Street, DEP File #SE-280-0500.:
The Applicant, Gary Werden, appeared before the Commission.
James Miller, Engineer, from Miller Engineering, was in attendance to represent the Applicant.
He submitted the green abutter cards to the Commission, and a proposed plan dated
November 18, 2008, entitled, “Notice of Intent Site Plan for a Proposed Boat House,
Map 71, Lots 29, 39-1, & 39-2, 95 Beach Street, Sharon, MA.” The delineated wetland line on the
submitted plan was approved by the Commission in a previous filing with the Applicant.
The existing septic system for 95 Beach Street is located on the back portion of the property.
Mr. Miller explained to the Commission that the Applicant is planning to install a boat house
on the left side of the existing house at 95 Beach Street. The proposed boat house would lie
within 2’ of the edge of a BVW on the proposed project site, and 14’ from the property line.
Mr. Miller provided the Commission with the following list of variances required for the proposed project:
- For a proposed building addition within 50’ of a BVW
- 100’ No Build Setback
- 50’ No Disturb Setback
Page 2 SCC 12/4/08 Meeting Minutes
The Applicant stated that he has seven sailboats and some other rowing type water crafts.
He would like to have some indoor storage space for his boats and equipment as opposed
to stacking them in piles on his property.
Peg explained to the Applicant that the proximity of the proposed project to the wetlands on the
site is a concern of the Commission. She would like to review an alternate plan showing a smaller
boat house constructed further away from the wetland areas on the site.
The Applicant explained that it would not be possible to reduce the size of the proposed boathouse,
as the size the sailboats range from 17’ to 19’.
Hank Langstroth inquired if it were possible for the Applicant to construct the boathouse on the
opposite side of the house, away from the BVW on the site.
The Applicant explained that it would not be aesthetically pleasing to construct a boathouse on the
right hand side of the house.
Mr. Miller stated that most of the No Touch Zone on the side of the house is presently being used
for either storage or a driveway. The Applicant might be willing to do some replication work to enlarge
the wetland on other portions of the property or on the two lots across the street that the Applicant also owns.
Peg explained that any proposed replication work would need to be contiguous to the same wetland
affected from the proposed project.
The Commission expressed their concern about the impact to the wetland area on the site from the
proposed 28’ x 24’ impervious surface area of the proposed project, including the roof and cement
flooring for the proposed boathouse.
The Conservation Administrator explained that the existing house is located inside the 100’ Buffer Zone
and the proposed project to construct a building closer to the wetlands than the existing structure would
be in violation with the Zoning Board of Appeals regulations.
The Applicant discussed the option of removing the paved driveway and installing a permeable driveway
to offset the impervious surface of the 28’ x 24’ proposed boathouse.
Peg explained to the Applicant that the impact to the wetlands from the proposed project is a primary
concern of the Commission. The members of the Commission are willing to review an alternative plan
that would reduce the impact to the wetland areas of the site.
The members of the Commission agreed to review the proposed project site before their next meeting
with the Applicant.
Peg called for a motion to continue the hearing until December 18, 2008 at 7:30 p.m.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous. 6-0-0.
8:30 p.m., Executive Session:
Peg called for a motion to enter into Executive Session to discuss pending violations.
Janet Dunlap moved. Elizabeth McGrath seconded. Voted. Unanimous. 6-0-0.
8:50 p.m., Adjournment from Executive Session:
Peg called for a motion to adjourn from Executive Session.
Katherine Roth moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
8:55 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the November 6, 2008 Meeting Minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 4-0-2.
Page 3 SCC 12/4/08 Meeting Minutes
9:00 p.m., Old/New Business:
Peg updated the Commission concerning the resume submitted by Meredith de Carbonnel,
former Chairman of the Melrose Conservation Commission. Meredith also worked as a
consultant to DEP in the Wetlands Enforcement department. Peg contacted Meredith to discuss
the functions of the Commission. Meredith plans to submit an application to the Selectmen
expressing her interest in serving on the Commission.
Peg said that Leo Glover has completed the survey of the Massapoag Sportsmen’s Club property
concerning the Land Swap with the Commission. Peg presented a copy of the survey to Peter O’Cain
for review of the Planning Rules and Regulations. The Conservation Restriction concerning the
Land Swap is still being reviewed by the State. The Commission will meet with the Planning Board
for their endorsement of the survey following approval from the state.
The Conservation Administrator informed the Commission that he submitted an Application to Coastal
Zone Management for attaining a grant to designate the Cedar Swamp as a priority restoration site.
It was a collaborative effort in completing the nomination form. The Conservation Administrator
expressed his appreciation to the Commission’s Secretary, as well as for the efforts of the
Cedar Swamp Consultants.
9:15 p.m., Signatures:
The Commission signed bills. Certificate of Compliance for Mr. Patkin, 1205 General Edwards Highway,
DEP File #SE-280-397. Negative Determination for Mr. Bisceglia, 88 Walpole St.
The Commission signed the following Tax Abatement documents as requested by the Town Assessor:
-A portion of Parcel 102-92-1, 154A Billings Street, comprised of 10.58 acres
-Parcel 60-22, R. Essex Road, comprised of 8.0 acres
-Parcel 59-29, 36 Norfolk Place, comprised of 20.09 acres
-Parcel 60-11-1, 36R Norfolk Place, comprised of 7.5 acres
9:25 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Katherine Roth seconded. Voted. Unanimous.
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