Conservation Commission
Meeting Minutes
April 16, 2009
Peg Arguimbau Chairman, Hank Langstroth, Meredith deCarbonnel, Keevin Geller, Elizabeth McGrath, and Christine Turnbull were the members present. Laura Nelson, Finance Committee Liaison, was present in the audience.
Peg recused herself from the following hearing as she is an abutter to the proposed project
Hank Langstroth, Acting Chairman, officiated the meeting at this point
7:45 p.m., Abbreviated Notice of Resource Area Delineation Public Hearing filed by DKW Builders for the proposed approval of the boundaries of wetland resources on property at 235 Billings Street, DEP File # SE-280-0502:
In Attendance:
Dave Welch from DKW Builders, Applicant.
Daniel Merrikin, from Merrikin Engineering, Representing the Applicant.
Abutters were present in the audience. (See attached list.)
Daniel Merrikin presented the green abutter cards and a proposed plan entitled, “235 Billings Street Existing Conditions Plan of Land in Sharon, MA,” 4/15/09, last date revised. He explained to the Commission that the 3 acre ± parcel includes a BVW and Buffer Zone. The parcel borders Billings/East Streets, and Manns Hill Road. A single-family home exists on the northern portion of the site and the remaining property is wooded. The wetlands on the proposed project site were delineated in November 2008, by the Applicant’s Botanist Russell Waldron. The Conservation Administrator recently visited the project site to review the proposed flagged wetland line and define the limit of work. As a result of the Administrator’s inspection, modifications were made to the originally proposed wetland line
and depicted on the submitted revised plan. Daniel Merrikin explained to the Commission that the Conservation Administrator also requested, during his site inspection, to review the wetland area across Billings Street, especially along the toe of the sloped area. Daniel Merrikin stated that the Applicant has not been very successful in obtaining permission from the property owner to flag the wetlands on the site. He expressed a willingness to continue trying to contact the property owner for permission to access the site if desired by the Commission.
It was the consensus of the Commission that it would be necessary for the Applicant to delineate the wetlands across Billings Street for the proposed project.
The Conservation Administrator explained to the Commission that an abutter contacted the Town Engineer concerning the accuracy of the property boundary lines depicted on the survey completed by the Applicant’s surveyor for the proposed project.
Daniel Merrikin explained to the Commission that Merrikin Engineering completed the survey plan for the proposed project.
Abutter George Aronson, 229 Billings Street – Expressed his concern as to the accuracy of the delineated property boundary line reflected on the Applicant’s survey plan. He stated that the wedge shaped parcel on the Applicant’s survey plan is not defined on the plan provided by the Town Engineer.
Daniel Merrikin explained to Mr. Aronson that registered land surveyors rely on boundary lines depicted on deeds as opposed to Assessor’s maps. The Applicant’s surveyor is willing to meet with the Town Engineer to confirm the boundary lines depicted on the Applicant’s survey plan.
Mr. Aronson explained to the Commission that he has experienced a long history of flooding to his property during major storm events. He expressed his concern that the size of the existing pipe located at the upper end of Billings Street might not be adequate to control any potential storm water runoff from the pond area during a major storm event. The excess storm water runoff empties into two manholes on East Street that turn into geysers. He feels that any changes in the rate of excess storm water runoff would impact erosion, sedimentation, and affect the wetlands downstream. He is not interested in seeing the existing pipe enlarged because it would involve more tree clearing.
Abutter Jeanette Kelly, 40 Manns Hill Road – Also expressed flooding concerns to her property.
Abutter Peg Arguimbau, 300 East Street – Expressed her concern of the resource areas on the proposed project site. She noted that the proposed plan does not depict the path of the sheet flow from the existing culvert pipe beneath Manns Hill Road that eventually empties into the back wetland of 235 Billings St.
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Hank Langstroth explained to the Applicant that the wetlands on the proposed project site are a concern of the Commission.
Daniel Merrikin agreed to contact the owner of the property across 235 Billings Street to arrange a joint meeting with Conservation Administrator to access the property to delineate the wetlands.
Hank called for a motion to continue the hearing until May 7, 2009 @ 7:45 p.m.
Keevin Geller moved. Meredith deCarbonnel seconded. Voted. 5-0-0.
Peg returned to the meeting at this point and officiated the meeting
8:15 p.m.: Notice of Intent Public Hearing filed by William Drexel for the proposed demolition of the existing residence at 25 Meadow Road. A new, enlarged residence is to be constructed and relocated on the lot in addition to the proposed replacement of the septic system and associated site work,
DEP File #SE-280-0503:
In Attendance:
William Drexel P.E., Applicant from Northeast Engineering Services, LLC
Tracy Sharkey, Environmental Consultant from Northeast Engineering Services, LLC
Troung Tran, Property Owner
William Drexel submitted the green abutter cards to the Commission and a proposed plan entitled,
“Proposed Site Plan, A.P. 121, Lot 81, 25 Meadow Road, Sharon, MA,” April 16, 2009, last date revised.
He explained the following scope of the proposed project to the Commission:
The inverts for the proposed septic system were revised as of 4/16/09 and defined on the proposed plan.
Tracy Sharkey delineated the wetlands on the proposed project site and reflected them on the proposed revised plan. Approximately 8,200 square feet of the new building is being proposed within the 100’ Buffer Zone of the proposed project site. The proposed new construction lies within the existing disturbed lawn and sloped area of the proposed project site. The existing reserved area for the proposed septic system is located 125’ outside of the Buffer Zone on the site. The existing paved driveway area is proposed to be re-graded into a lawn area for the proposed project. A new driveway is being proposed on the southern side of the property outside of the 100’ Buffer Zone. The Applicant is requesting an approval letter from the Commission addressed to the ZBA for proposing a project within a
non-conforming lot. The Applicant stated that he is not proposing to increase the existing disturbance to the Buffer Zone for the proposed project. The Applicant is requesting variances from the ZBA concerning frontage, width, area, and for proposing a new structure within the 100’ Setback Requirement.
Peg explained to the Applicant that he would be increasing the impact to the wetlands on the proposed project site by his proposed new house construction.
The Applicant explained to the Commission that he does not think it would be possible to redesign the house in a way that would be aesthetically pleasing without affecting the wetlands.
The members of the Commission expressed their desire to protect the wetlands and Buffer Zones on the proposed project site.
Peg explained to the Applicant that the Commission is willing to review the proposed project site. She suggested that the Applicant mark the corners of the proposed new house construction for the Commission’s review.
The Applicant agreed to mark the property as requested by the Commission. He indicated that he is willing to meet with the Commission next week to review the proposed project site.
Keevin Geller inquired as to what the difference is concerning the size of the footprint of the existing house with the new proposed construction.
The Applicant indicated that the size of the footprint of the proposed new house construction is approximately 30% larger than existing, not including the garage.
The Conservation Administrator requested that the Applicant submit a written list of requested variances under the Commission’s By-laws. He explained to the Applicant that the Town is not interested in setting a new precedent for his proposed project.
Laura Nelson inquired if the Applicant was planning to increase the number of bedrooms as part of his proposed project.
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The Applicant stated that he is not planning to increase the number of bedrooms for his proposed project. He explained that the proposed new house construction is designed to be approximately 8’ wider than the existing dwelling.
Laura Nelson expressed her concern as to whether the Applicant’s home based business for cosmetics and natural remedies would impact the wetlands on the proposed project site.
Peg called for a motion to continue the hearing until May 7, 2009 at 8:15 p.m.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
8:45 p.m. Old/New Business:
Boy Scout Project-
Raul Paulo from Troup 95 was present in the audience to observe the Commission’s Meeting. He met informally with the Commission to request ideas for completing a Town sponsored project connected with the Commission. He plans to follow-up with the Commission during the summer months.
Community Preservation Committee Appointment-
Peg called for a motion to designate Meredith deCarbonnel to serve as Elizabeth McGrath’s replacement on the Community Preservation Committee.
Hank Langstroth moved. Christine Turnbull seconded. Voted. 5-0-1.
Open Space & Recreation Plan Update-
Peg explained to the members of the Commission a letter was received from the State E.O.E.E.A. office stating that the Town has received a conditional approval for the new Open Space & Recreation Plan through 2014. The E.O.E.E.A. office is requesting more information including the Town’s population density and growth. Peg will arrange another meeting with the Open Space and Recreation Planning Committee to compile the additional information requested by the State. Meanwhile, the Town will still be eligible to apply for grants; however, no final grant payments will be made until the plan is completed.
Mass Audubon-
Keevin Geller read aloud for the Commission a letter received from Mass Audubon. The letter explains that due to the growth of Moose Hill Wildlife Sanctuary over the last several years they are proposing to install a 24 ft. x 42 ft. barn on a poured concrete foundation on lot 18 located at the corner of
Moose Hill/South Main Streets.
The Commission determined that the proposed project would be consistent with the intent and/or purposes of the existing Conservation Restriction concerning this parcel.
Peg called for a motion for the Commission to accept Mass Audubon’s proposal to construct a barn at the corner of Moose Hill/South Main Streets.
Keevin Geller moved. Hank Langstroth seconded. Voted. 4-0-2.
9:00 p.m., Executive Session:
Peg called for a motion to enter into Executive Session to discuss pending violation issues.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. Unanimous.
9:10 p.m., Adjournment from Executive Session:
Peg called for a motion to adjourn from Executive Session.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous.
9:15 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the April 2, 2009 meeting minutes as amended.
Keevin Geller moved. Hank Langstroth seconded. Voted. Unanimous.
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9:20 p.m., Signatures:
The Commission signed bills. Order of Conditions for Old Post Development Corp.,
DEP File # SE-280-0501.
9:25 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous.
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