Conservation Commission
Meeting Minutes
March 19, 2009
Peg Arguimbau Chairman, Stephen Cremer, Elizabeth McGrath, Keevin Geller, Christine Turnbull, and Hank Langstroth were the members present.
8:15 p.m.: N.O.I. Public Hearing filed by Old Post Development Corporation for the proposed
development of a Residential Community of 29 Townhouse units within 12 separate
buildings with associated infrastructure off Old Post Road/South Main Street.
DEP File # SE-280-0501.
In attendance:
Attorney Bob Shelmerdine, Representing the Applicant
Hans VanLingen, Representative from Coler and Colantonio, Inc.
Jesse Moreno, Engineer from Coler and Colantonio, Inc.
Louise Patane, Abutter
Frederick Jones, Abutter
Attorney Shelmerdine submitted the green abutter cards and proposed Residential 40R Definitive Site plan to the Commission, 3/6/09 last date revised. He presented a brief overview of the proposed 40R development project for 29 Townhouse units to the Commission:
Existing Conditions:
· Cranberry Bogs - West of Old Post Road that parallels the western boundary of the site.
· Proposed Commercial Development, Sharon Commons - West of Old Post Road.
· Proposed South Residential Development – East of Old Post Road, comprised of 168 units. The proposed construction will be completed in two phases. Phase I is located off South Main Street/Old Post Road. This would allow partial development of the property prior to connection to a wastewater treatment facility proposed in association with a second residential development being proposed north of Old Post Road.
Attorney Shelmerdine explained that additional phases will involve a building comprised of 100 apartments along with a 39 unit condominium building north of Old Post Road. He said that the West side of Old Post Road was voted to be rezoned at the March 2007 Town Meeting, which resulted in establishing a Commercial D Zoning District. Prior to the March 2007 Town Meeting, the developer entered into an agreement with the Selectmen that included conveyance of land, conservation restrictions, and to support the developer’s submittal of a 40B/LIP Application for 168 units. In July 2008 the developer presented a LIP Application to the Selectmen. The Town hired Land Attorney, Mark Bobrowski, to assist the Selectmen in processing the developer’s proposed 40B/ LIP Application. The approved 40B/LIP Application is still
pending with the Selectmen. Subsequently, Attorney Bobrowski suggested submitting a Warrant Article at the November 2008 Town Meeting for a 40R Overlay District Project with the same density as the 40B/LIP Application. Following the November 17, 2008 Town Meeting approval for a 40R Overlay District, the developer is proposing a 40R Development Project that involves Sub-zone A, comprised of 139 living units, and Sub-zone B, comprised of 29 Townhouse units. The developer is presently requesting an Order of Conditions from the Commission for his proposed Sub-zone B project consisting of 29 Townhouse units within 12 separate buildings with associated infrastructure. Access to the proposed development site is designed from South Main Street and Old Post Road until full build out. The developer is meeting again with the Board of Health and the ZBA next week to request permitting for his proposed Sub-zone B development project. Following the developer’s previous meetings with
the ZBA and neighboring property owners to the proposed 40R Development, modifications were made to the proposed site plan by placing some structures further away from abutting properties. Attorney Shelmerdine indicated that the revised plan reduces the amount of impervious area of the proposed development site.
Page 2 SCC 3/19/09 Meeting Minutes
Jessie Moreno presented an environmental overview concerning the proposed project to the Commission. He explained that a proposed 40R Development requires a certain amount of density and endeavors to provide dense development on a portion of the site. Jessie Moreno indicated that the revised plan reflects the relocation of some of the buildings away from the property line which has reduced the amount of impervious area, grade work, and compensatory storage on the site. He identified the following resources areas on the proposed project site for the Commission:
· A 200’ Riverfront Area is associated with Billings Brook. A 50’ No Touch Buffer Zone and 100’ Buffer Zone is associated with this Resource Area.
· A 100’ Buffer Zone associated with the Cranberry Bog Area adjacent to the Old Post Road Right-of-Way.
· The southern portion of the site along the bog area extending through the wetlands between Old Post Road and South Walpole Street is designated as Zone A, areas within the 100-year Flood Plain.
· A delineated Bordering Vegetated Wetland is located in the vicinity of Wetland Series Q.
Jessie Moreno explained to the Commission that Old Post Road will be the only proposed main access road at full build out. He explained the scope of the proposed phase work to the Commission:
Phase 1-A
· To connect roadway from South Main Street.
· To construct 14 living units with associated infrastructure.
· To install an on-site Title V septic system in compliance with Article 7 for the 14 living units proposed away from the 100’ Buffer Zone.
Phase 1-B
· The construction of 15 living units along Old Post Road, north of Laurel Road, is being proposed at a later date.
Jessie Moreno explained to the Commission that 29 units are proposed to be constructed at full build out. Eventually, the septic system for the 29 units will be pumped up to a wastewater treatment facility installed at the crest of the hill located in the northern portion of the site. (The high point of the proposed project site.)
Hans VanLingen explained to the Commission that the MEPA Agreement would require a Notice of Project Change if the developer is not able to install an on-site septic system for the proposed project.
Jessie Moreno explained that there is approximately 100,000 square feet of Riverfront Area on the entire proposed project site. The proposed buildings, roadways, and impervious areas will be located outside of the Riverfront Area. Only minor site preparation and grade work is proposed at the outer edge of the inner 100’ Riparian Zone and 100’ Buffer Zone to Bordering Vegetated Wetlands. The area is proposed to be restored following the installation of stormwater management structures. He believes that the only appropriate location for installing the stormwater facility lies within the outer 100’ Riverfront Area. The filling in of the 100- year Flood plain is being proposed within a small area of the Inner Riparian associated with the access road from Old Post Road, and will be offset with compensatory
flood storage at the southwest corner of the proposed project site. In order to accomplish a square foot per square foot basis and equivalent volume, approximately 1’ of vegetated area is proposed to be carved out between the 256 and 258 Contour Lines.
The Commission suggested that the Applicant consider installing a vegetated berm at the 255 and 256 topography line as opposed to carving out the vegetation. Or, submit a planting plan as an alternative for restoring the wooded area of the proposed project site.
The Applicant agreed to consider the Commission’s concerns.
The proposed stormwater and drainage improvements for the proposed project include a partial exfiltration basin, two infiltration basins, an extended dry detention basin, infiltration trenches, and dry wells via both overland flow and conventional inlet and pipe systems. The proposed 4,800 square foot partial exfiltration basin, located north of the proposed townhouse units, is being installed to mitigate the majority of the roadway and stormwater runoff from the development.
The Conservation Administrator requested that the Applicant provide copies of the peer reports prepared by Tom Houston for the proposed project.
Page 3 SCC 3/19/09 Meeting Minutes
Attorney Shelmerdine explained to the members of the Commission that a Representative from Coler and Colantonio recently met with the Conservation Administrator at the proposed project site. The Conservation Administrator’s inspection resulted in finding a discrepancy in the wetland line that was previously approved by the Commission in the Applicant’s June 6, 2007 ANRAD filing with the Commission.
The Conservation Administrator explained that he met at the site again today with Jay from Coler and Colantonio. The results of the Conservation Administrator’s inspection indicate that the hydrology of the soil is inconsistent. He established the presence of facultative vegetation and facultative wet upgradient in the area between the Wetland Series Q and the upper depression. He feels that the Wetland Flag labeled IV is a close call due to soil hydrology. The Isolated Wetland might be man-made. He requested that the Applicant’s consultant meet at the site with the Commission’s consultant to review the proposed wetland line.
Attorney Shelmerdine explained that the Applicant would not be able to meet the minimum density requirement of the zoning district to proceed with the proposed 40R project if the wetland line presented on the proposed 40R Plan is not approved by the Commission. To qualify under a Sub-zone B district, a project must support a minimum of 12 buildings comprised of living units in an area comprised of at least 2.42 acres.
Christine Turnbull inquired as to why Attorney Shelmerdine did not lead the hearing with this important information.
Attorney Shelmerdine replied that he knew it would have been an issue with the Commission, and if he led the hearing with this information, the Commission might not have been willing to discuss all of the information for the proposed project. He requested that the Commission reconsider approving the delineated wetland line reflected on the proposed 40R Plan.
Peg explained that the approved wetland line concerning the previous ANRAD Filing has already been submitted to DEP, and the Applicant has the opportunity to request an amendment.
Peg called for a motion for the Commission to arrange a site visit between the Commission’s consultant and the Applicant’s consultant to review the Applicant’s proposed delineated wetland line. The Commission is willing to provide the Applicant with the name of a consultant, if needed.
Elizabeth McGrath moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.
Peg called for a motion to continue the hearing until April 2, 2009 at 8:00 p.m.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous. 6-0-0.
10:10 p.m. Old/NewBusiness:
Grass Clipping Disposal Letter to Sharon Residents:
The members of the Commission reviewed and revised the copy of the letter Elizabeth McGrath
drafted to Sharon Residents concerning yard waste disposal.
Peg called for a motion for the Commission to submit Elizabeth McGrath’s grass clipping article, as amended, to the Sharon Advocate Newspaper.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. Unanimous. 6-0-0.
10:20 p.m. Signatures:
The Commission signed bills.
10:25 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the 3/5/09 Meeting Minutes as presented.
Hank Langstroth moved. Keevin Geller seconded. Voted. 3-0-3.
10:35 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous. 6-0-0.
Conservation Commission
Meeting Minutes
March 19, 2009
Peg Arguimbau Chairman, Stephen Cremer, Elizabeth McGrath, Keevin Geller, Christine Turnbull, and Hank Langstroth were the members present.
8:15 p.m.: N.O.I. Public Hearing filed by Old Post Development Corporation for the proposed
development of a Residential Community of 29 Townhouse units within 12 separate
buildings with associated infrastructure off Old Post Road/South Main Street.
DEP File # SE-280-0501.
In attendance:
Attorney Bob Shelmerdine, Representing the Applicant
Hans VanLingen, Representative from Coler and Colantonio, Inc.
Jesse Moreno, Engineer from Coler and Colantonio, Inc.
Louise Patane, Abutter
Frederick Jones, Abutter
Attorney Shelmerdine submitted the green abutter cards and proposed Residential 40R Definitive Site plan to the Commission, 3/6/09 last date revised. He presented a brief overview of the proposed 40R development project for 29 Townhouse units to the Commission:
Existing Conditions:
· Cranberry Bogs - West of Old Post Road that parallels the western boundary of the site.
· Proposed Commercial Development, Sharon Commons - West of Old Post Road.
· Proposed South Residential Development – East of Old Post Road, comprised of 168 units. The proposed construction will be completed in two phases. Phase I is located off South Main Street/Old Post Road. This would allow partial development of the property prior to connection to a wastewater treatment facility proposed in association with a second residential development being proposed north of Old Post Road.
Attorney Shelmerdine explained that additional phases will involve a building comprised of 100 apartments along with a 39 unit condominium building north of Old Post Road. He said that the West
side of Old Post Road was voted to be rezoned at the March 2007 Town Meeting, which resulted in establishing a Commercial D Zoning District. Prior to the March 2007 Town Meeting, the developer entered into an agreement with the Selectmen that included conveyance of land, conservation restrictions, and to support the developer’s submittal of a 40B/LIP Application for 168 units. In July 2008 the developer presented a LIP Application to the Selectmen. The Town hired Land Attorney, Mark Bobrowski, to assist the Selectmen in processing the developer’s proposed 40B/ LIP Application. The approved 40B/LIP Application is still pending with the Selectmen. Subsequently, Attorney Bobrowski suggested submitting a Warrant Article at the November 2008 Town Meeting for a 40R Overlay District Project with the same density as
the 40B/LIP Application. Following the November 17, 2008 Town Meeting approval for a 40R Overlay District, the developer is proposing a 40R Development Project that involves Sub-zone A, comprised of 139 living units, and Sub-zone B, comprised of 29 Townhouse units. The developer is presently requesting an Order of Conditions from the Commission for his proposed Sub-zone B project consisting of 29 Townhouse units within 12 separate buildings with associated infrastructure. Access to the proposed development site is designed from South Main Street and Old Post Road until full build out. The developer is meeting again with the Board of Health and the ZBA next week to request permitting for his proposed Sub-zone B development project. Following the developer’s previous meetings with the ZBA and neighboring property owners to the proposed 40R Development, modifications were made to the proposed site plan by placing some structures further away from abutting properties.
Attorney Shelmerdine indicated that the revised plan reduces the amount of impervious area of the proposed development site.
Page 2 SCC 3/19/09 Meeting Minutes
Jessie Moreno presented an environmental overview concerning the proposed project to the Commission. He explained that a proposed 40R Development requires a certain amount of density and endeavors to provide dense development on a portion of the site. Jessie Moreno indicated that the revised plan reflects the relocation of some of the buildings away from the property line which has reduced the amount of impervious area, grade work, and compensatory storage on the site. He identified the following resources areas on the proposed project site for the Commission:
· A 200’ Riverfront Area is associated with Billings Brook. A 50’ No Touch Buffer Zone and 100’ Buffer Zone is associated with this Resource Area.
· A 100’ Buffer Zone associated with the Cranberry Bog Area adjacent to the Old Post Road Right-of-Way.
· The southern portion of the site along the bog area extending through the wetlands between Old Post Road and South Walpole Street is designated as Zone A, areas within the 100-year Flood Plain.
· A delineated Bordering Vegetated Wetland is located in the vicinity of Wetland Series Q.
Jessie Moreno explained to the Commission that Old Post Road will be the only proposed main access road at full build out. He explained the scope of the proposed phase work to the Commission:
Phase 1-A
· To connect roadway from South Main Street.
· To construct 14 living units with associated infrastructure.
· To install an on-site Title V septic system in compliance with Article 7 for the 14 living units proposed away from the 100’ Buffer Zone.
Phase 1-B
· The construction of 15 living units along Old Post Road, north of Laurel Road, is being proposed at a later date.
Jessie Moreno explained to the Commission that 29 units are proposed to be constructed at full build out. Eventually, the septic system for the 29 units will be pumped up to a wastewater treatment facility installed at the crest of the hill located in the northern portion of the site. (The high point of the proposed project site.)
Hans VanLingen explained to the Commission that the MEPA Agreement would require a Notice of Project Change if the developer is not able to install an on-site septic system for the proposed project.
Jessie Moreno explained that there is approximately 100,000 square feet of Riverfront Area on the entire proposed project site. The proposed buildings, roadways, and impervious areas will be located outside of the Riverfront Area. Only minor site preparation and grade work is proposed at the outer edge of the inner 100’ Riparian Zone and 100’ Buffer Zone to Bordering Vegetated Wetlands. The area is proposed to be restored following the installation of stormwater management structures. He believes that the only appropriate location for installing the stormwater facility lies within the outer 100’ Riverfront Area. The filling in of the 100- year Flood plain is being proposed within a small area of the Inner Riparian associated with the access road from Old Post Road, and will be offset with compensatory
flood storage at the southwest corner of the proposed project site. In order to accomplish a square foot per square foot basis and equivalent volume, approximately 1’ of vegetated area is proposed to be carved out between the 256 and 258 Contour Lines.
The Commission suggested that the Applicant consider installing a vegetated berm at the 255 and 256 topography line as opposed to carving out the vegetation. Or, submit a planting plan as an alternative for restoring the wooded area of the proposed project site.
The Applicant agreed to consider the Commission’s concerns.
The proposed stormwater and drainage improvements for the proposed project include a partial exfiltration basin, two infiltration basins, an extended dry detention basin, infiltration trenches, and dry wells via both overland flow and conventional inlet and pipe systems. The proposed 4,800 square foot partial exfiltration basin, located north of the proposed townhouse units, is being installed to mitigate the majority of the roadway and stormwater runoff from the development.
The Conservation Administrator requested that the Applicant provide copies of the peer reports prepared by Tom Houston for the proposed project.
Page 3 SCC 3/19/09 Meeting Minutes
Attorney Shelmerdine explained to the members of the Commission that a Representative from Coler and Colantonio recently met with the Conservation Administrator at the proposed project site. The Conservation Administrator’s inspection resulted in finding a discrepancy in the wetland line that was previously approved by the Commission in the Applicant’s June 6, 2007 ANRAD filing with the Commission.
The Conservation Administrator explained that he met at the site again today with Jay from Coler and Colantonio. The results of the Conservation Administrator’s inspection indicate that the hydrology of the soil is inconsistent. He established the presence of facultative vegetation and facultative wet upgradient in the area between the Wetland Series Q and the upper depression. He feels that the Wetland Flag labeled IV is a close call due to soil hydrology. The Isolated Wetland might be man-made. He requested that the Applicant’s consultant meet at the site with the Commission’s consultant to review the proposed wetland line.
Attorney Shelmerdine explained that the Applicant would not be able to meet the minimum density requirement of the zoning district to proceed with the proposed 40R project if the wetland line presented on the proposed 40R Plan is not approved by the Commission. To qualify under a Sub-zone B district, a project must support a minimum of 12 buildings comprised of living units in an area comprised of at least 2.42 acres.
Christine Turnbull inquired as to why Attorney Shelmerdine did not lead the hearing with this important information.
Attorney Shelmerdine replied that he knew it would have been an issue with the Commission, and if he led the hearing with this information, the Commission might not have been willing to discuss all of the information for the proposed project. He requested that the Commission reconsider approving the delineated wetland line reflected on the proposed 40R Plan.
Peg explained that the approved wetland line concerning the previous ANRAD Filing has already been submitted to DEP, and the Applicant has the opportunity to request an amendment.
Peg called for a motion for the Commission to arrange a site visit between the Commission’s consultant and the Applicant’s consultant to review the Applicant’s proposed delineated wetland line. The Commission is willing to provide the Applicant with the name of a consultant, if needed.
Elizabeth McGrath moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.
Peg called for a motion to continue the hearing until April 2, 2009 at 8:00 p.m.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous. 6-0-0.
10:10 p.m. Old/NewBusiness:
Grass Clipping Disposal Letter to Sharon Residents:
The members of the Commission reviewed and revised the copy of the letter Elizabeth McGrath
drafted to Sharon Residents concerning yard waste disposal.
Peg called for a motion for the Commission to submit Elizabeth McGrath’s grass clipping article, as amended, to the Sharon Advocate Newspaper.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. Unanimous. 6-0-0.
10:20 p.m. Signatures:
The Commission signed bills.
10:25 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the 3/5/09 Meeting Minutes as presented.
Hank Langstroth moved. Keevin Geller seconded. Voted. 3-0-3.
10:35 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous. 6-0-0.
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