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Conservation Meeting Minutes 02/26/2009

Conservation Commission
Meeting Minutes
2/26/09

Margaret D. Arguimbau Chairman, KeevinGeller, Elizabeth McGrath, and Meredith deCarbonnel were the members present. Hank Langstroth arrived at 7:50 p.m., and Stephen Cremer arrived at 7:55 p.m.
 
7:45 p.m., The Commission discussed Extension Permit for Orders of Conditions,
DEP File # SE-280-0471, requested by Joseph Daly, 21 Beach Road:                
The Applicant appeared before the Commission along with his Father, Ed Daly. The Applicant presented the following brief history of his proposed project to the Commission:
·              The Applicant previously submitted a Notice of Intent to the Commission for a proposed project to demolish an existing dwelling, and to reconstruct a new dwelling and septic system at 21 Beach Road. The Commission approved the initial proposed plan dated 1/6/06 that was designed for a two bedroom house, and issued an Order of Conditions to the Applicant for his proposed project. Subsequently, the Applicant received approval from all Town Boards for this proposed project.
·              Following approval from all Town Boards, the Applicant presented a new plan to the ZBA that included an increase in the size of the previously approved foundation, and a proposal for a third bedroom. He proceeded to work on his new project following approval from the ZBA, as he was unaware that he was also required to obtain approval from all Town Boards.
·              The Commission issued the Applicant an Enforcement Order dated 1/27/09, for installing a larger foundation within the 100’ Buffer Zone than the permitted approved plan dated 1/6/06. The foundation lies 13’ closer to the wetland than permitted. Unfortunately, the Applicant allowed the Order of Conditions issued by the Commission on 1/19/06 to expire without requesting an extension. The Commission requested that the Applicant stop all of his proposed work and meet with the Commission to receive further directives.
·              The Applicant previously met with the Board of Health and was granted a one-year extension for his original proposed project
Hank Langstroth arrived at this time
The Applicant has agreed to remove the back portion of the foundation that he installed without approval from the Commission.
The Applicant requested a one year extension permit from the Commission to complete his original project that was previously approved by the Commission.
The members of the Commission agreed to grant the Applicant an extension permit for a period of one year to complete his project in accordance with his original proposed plan submitted to the Commission.
The Applicant agreed to comply with the all of the conditions contained in the original Order of Conditions previously issued by the Commission on 1/19/06 for DEP File # SE-280-0471.
Peg called for a motion for the Commission to issue the Applicant an Extension Permit for Orders of Conditions under DEP File # SE-280-0471, for a period of one year.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.            
 
Stephen Cremer arrived at this time
8:00 p.m., Request for Determination of Applicability filed by Bay Road Woodland Trust for the proposed soil evaluation at 22 Castle Drive and wetland delineation at the following addresses: 5, 7, 9, 11, 16, 18, 19 & 22 Castle Drive, and 5 Penny Brook Lane:
 
John Keegan from Sitec Engineering appeared before the Commission to represent the Applicant. He submitted a proposed Existing Conditions Plan dated 2/2/09, and the green abutter cards to the Commission. John Keegan requested that the Commission approve the proposed delineated wetland lines shown on the submitted plan. He requested permission from the Commission to access 22 Castle Drive by using a small equipment vehicle along the property lines of lots D- 8 & D-9 to dig a couple of holes for perc testing within the triangular shaped region shown on the plan.
 
 
Page 2 SCC 2/26/09 Meeting Minutes
 
The Conservation Administrator requested that John Keegan submit the collected data from the Sitec Consultant who delineated the wetlands for the proposed project.
John Keegan agreed to comply with the Conservation Administrator’s request. He explained to the Commission that the Applicant proposes to install a septic system in accordance with the Town’s setback requirements if the results from the perc tests are favorable. The Applicant’s ultimate goal is to propose a single-family house on the site.
Due to the current conditions of the proposed project site, it was the consensus of the Commission to allow the Applicant access to the site for performing the requested soil tests before the Commission verifies the proposed delineated wetland lines.
The Commission requested that the Applicant notify the adjacent property owner at 20 Castle Drive before performing the proposed soil testing work.
The Applicant agreed to comply with the Commission’s request.
The members of the Commission agreed to allow the Applicant access to the back south corner of
Lot 11, as close to the property line as possible, for the purpose of digging two test pits with only one small vehicle. The Applicant is required to notify the Conservation Administrator before starting the proposed work as soon as possible while the ground is frozen.   
Hank Langstroth moved. Elizabeth seconded. Voted. Unanimous.             
Peg called for a motion to continue the hearing until notified by the Applicant.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 
 
8:20 p.m. Approve Past Meeting Minutes:
 
Peg called for a motion to approve the February 5, 2009 Meeting Minutes as amended.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. 4-0-2.                                                       
8:25 p.m., Old/New Business:
 
Revitalization Project for the Great Cedar Swamp in Sharon:
 
Peg and the Conservation Administrator updated the Commission with a brief summary concerning the Revitalization Project for the Great Cedar Swamp. They explained that Peter Fletcher, a consultant hired by the Commission for the Revitalization project, has recommended that Blue Hills Environmental install additional monitoring wells for the purpose of obtaining more data in the upland section of the swamp. Blue Hills Environmental would be installing the monitoring wells under the supervision of the Conservation Administrator and Peter Fletcher.    
Peg called for a motion for the Commission to agree to have Peter Fletcher contact Blue Hills Environmental to install additional monitoring wells for the Great Cedar Swamp Revitalization Project.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous.
 
Boston Edison Land Swap Proposal:
 
Peg explained to the Commission that Eric Hooper, Superintendent of the Sharon DPW, has been notified by Boston Edison that they are interested in a land swap proposal with the Commission to install a Transfer Station on a small parcel of Conservation Land where two high tension lines are located. The Commission has an opportunity to acquire a 13 acre parcel adjacent to Richards Ave., and Canton Street from the proposed land swap. The 13 acre parcel is comprised of a large wetland and a small upland area. Peg explained to the Commission that it would be necessary to process the land swap transaction through Article 97 of the State Constitution, due to the proposed change in land use on the parcel currently owned by the Commission. The members of the Commission expressed their interest in receiving more information from a Boston Edison representative concerning the land swap proposal.
 
 
 
Page 3 SCC 2/26/09 Meeting Minutes
 
 
8:45 p.m., Executive Session:
 
Peg called for a motion for the Commission to enter into Executive Session to discuss pending
legal issues.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.
 
9:25 p.m. Adjournment from Executive Session:
 
Peg called for a motion to adjourn from Executive Session.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.
 
9:30 p.m., Signatures:
 
The Commission signed bills. Extension Permit for Orders of Conditions, 21 Beach Rd.,
Joseph Daly, DEP File # SE-280-0471. Emergency Certification Form concerning an oil spill at 160 Maskwonicut Street.
 
9:40 p.m., Adjournment:
 
Peg called for a motion to adjourn.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous. 6-0-0. 
 
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