Conservation Commission
Meeting Minutes
May 7, 2009
Peg Arguimbau Chairman, Keevin Geller, Meredith deCarbonnel, Hank Langstroth, Stephen Cremer, and Christine Turnbull were the members present. Elizabeth McGrath arrived at 7:57 p.m.
The Commission reached a quorum at 7:50 p.m.
Peg recused herself from the following hearing continuance as she is an abutter to the proposed project
Hank Langstroth, Acting Chairman, officiated the meeting at this point
7:50 p.m., Abbreviated Notice of Resource Area Delineation Hearing Continuance - DKW Builders for the proposed approval of the boundaries of wetland resources on property at 235 Billings Street, DEP File # SE-280-0502:
Abutters were present in the audience. (See attached list.)
Rick Merrikin, from Merrikin Engineering, appeared before the Commission to represent the Applicant.
He presented a proposed modified plan entitled, “235 Billings Street Existing Conditions Plan of Land in Sharon, MA,” 5/5/09, last date revised. He explained to the Commission that the revised plan reflects additional flagging along the wetland resource area across 235 Billings Street as requested by the Commission. The revised delineated wetland line along the BVW area of 235 Billings Street that was approved at the Applicant’s previous meeting with the Commission is also depicted on the revised plan.
The Conservation Administrator agreed that the proposed wetland line concerning the wetland resource areas across 235 Billings Street, identified as wetland flags 24-33, is accurately shown on the submitted revised plan.
Rick stated that the Applicant is proposing to submit a plan to the Planning Board to seek approval for dividing the property into 3 or 4 Form A Lots.
The Conservation Administrator inquired if the issue of the accuracy of the property line would be resolved by the time of the Applicant’s meeting with the Planning Board.
Rick said that following his previous meeting with the Commission, he met with the registered land surveyor from Merrikin Engineering, who completed the survey plan for the Applicant. The surveyor established that the delineated boundary line reflected on the plan is accurate. Rick stated that his response to anyone who feels that it is not an accurate depiction would be to hire their own registered land surveyor to complete a survey plan. Rick explained to the Commission that he is willing to have a discussion with Jim Miller, the registered land surveyor who previously completed a septic plan for the Abutter George Aronson, to resolve any property line issues.
Abutter George Aronson, 229 Billings Street - Submitted a letter to the Commission dated May 7, 2009, and recorded in the office file. He requested the Commission to defer action on the proposed project. He believes that the wedge shaped parcel shown on the Applicant’s proposed plan is part of the lot at 229 Billings Street as opposed to 235 Billings Street. He believes that the information on the Applicant’s proposed plan is based on erroneous information. He does not know to what extent the delineated wetland line shown on the proposed plan is affected by the uncertainty of the survey itself. He is seeking “Reserved Rights” until this issue is resolved.
It was the consensus of the Commission to close the hearing for the proposed project upon a satisfactory resolution of the wetland boundary as it relates to any completed survey data submitted to the Commission within 30 days.
Hank Langstroth called for a motion to close the hearing and issue an Order of Resource Area Delineation permit to the Applicant pending a satisfactory resolution of the location of the delineated wetland flags completed within 30 days.
Keevin Geller moved. Meredith deCarbonnel seconded. Voted. Unanimous. 6-0-6.
Page 2 SCC 5/7/09 Meeting Minutes
Peg returned to the meeting at this point and officiated the meeting
8:20 p.m.: Notice of Intent Public Hearing Continuance - 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 a proposed revised plan entitled, “Proposed Site Plan, A.P. 121, Lot 81, 25 Meadow Road, Sharon, MA,” May 6, 2009, last date revised. He explained to the Commission that the revised plan shows the waiver for the 100 foot No Build Setback Requirement, a screening of sweet pepperbush plantings, existing and proposed building areas, and lot area. The footprint of the existing house is 1,550 sq. ft. The footprint of the proposed new house construction is 1,450 sq. ft., excluding the garage. The footprint of the new garage is 528 sq. ft., a net increase of 528 sq. ft. The Applicant proposes to remove the debris along the sloped area of the site during construction of the proposed project. A .7% increase of impervious area is being proposed in the lot area from the new
construction.
The existing reserve area for the proposed septic system is located outside the 125’ Buffer Zone in accordance to the Board of Health Regulations. The existing septic tank and cesspool is proposed to be removed from the site. The Applicant is meeting with the Board of Health for a variance for the design of the proposed septic system. (The system is proposed to be installed 1’ above ground level.) The Applicant does not propose to increase the disturbance to the existing lawn area for the proposed project. The existing paved driveways are proposed to be re-graded into a lawn area to minimize the amount of impervious area on the project site. A new driveway is being proposed on the southern side of the property outside of the 100’ Buffer Zone. The Applicant indicated that the basement of the proposed new
house construction is designed above the water table and would not negatively impact the adjacent wetland areas.
Peg explained to the Applicant that the underlying problem is the sensitivity of the existing lot. If there were a need to replace a failed septic system for the existing house, the Board of Health would allow for a maximum feasible replacement. A portion of the existing house already lies within the 100’ Buffer Zone. In accordance with the Commission’s Rules and Regulations, the proposed new house construction appears to be more problematic than the existing house.
Peg explained to the Applicant that there is a discrepancy along the wetland line in the vicinity of WF1 on the revised proposed plan that needs to be corrected because it would create further impact to the wetlands on the proposed project site.
The Conservation Administrator explained that he is willing to discuss other improvement opportunities, including an addition, where the Applicant would not need to comply 100% with the Town’s new regulations. (Proposing a new house construction within the existing footprint. The Commission has previously approved additions on pre-existing non-conforming lots as long as there was no further encroachment into the adjacent wetlands from the proposed project.)
The Commission requested that the Applicant submit a new plan showing the corrected wetland line in the vicinity of WF1.
Mr. Tran agreed to a joint meeting with the Conservation Administrator, Building Inspector, and Jim Andrews, to negotiate an acceptable building plan for his proposed project.
Peg called for a motion to continue the hearing until May 21, 2009 at 8:00 p.m.,
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 7-0-7.
Page 3 SCC 5/7/09 Meeting Minutes
8:40 p.m., Massapoag Sportsmen’s Club – To discuss reopening two skeet fields and a trap range:
Joseph Mahoney and Kenneth Morris, from the Massapoag Sportsmen’s Club Board of Directors,
appeared before the Commission.
Peg explained to the members of the Commission that she attended a Club meeting with Hank and Bob Ford from Mass Audubon, with an update from the Commission concerning the proposed land swap with the Club. Irene Delbono from the State is currently reviewing Conservation Restrictions and written language for the proposed land swap. Town Counsel believes that the December 1999 Town Meeting vote granting permission to the Selectmen to meet with the State Legislature for approval to dispose the land, is no longer valid. Town Counsel said that the land swap had to occur within the same Legislative Session or within two years following that meeting. The Commission is now in a position to re-present the project at the upcoming November Town Meeting. Following an approved Town Meeting vote, the Board of Selectmen would be
directed to petition the Legislature for permission to release the front portion of the former Pozza parcel abutting the Club’s property.
Peg presented a copy of a color coded map to the Commission outlining the parcels for the proposed land swap agreement. Conservation Restrictions will be placed on approximately 70 acres of valuable property that will remain in its natural state. The Town will have the right of first refusal to purchase the property should the Club wish to sell in the future. The Massapoag Trail near the end of Belcher Street is going to be relocated and connected to a new trail that will contain an easement.
Joseph Mahoney and Kenneth Morris explained to the Commission that the Massapoag Sportsmen’s Club has a Trout Pond, 3 Skeet Fields, and a Trap Range. As of now, the bullets from the skeet fields do not land on any Town property. The previous owner of the Pozza Property sued the Club because he felt that he did not receive the full value of the property when it was purchased in 1998. He filed an appeal and was denied. The Club lost a lot of money in the lawsuit. Back in the 70s, the Club’s skeet fields were being relocated closer to the Pozza Property and Mr. Pozza claimed that a bullet from one of the skeet fields landed on his property. The Club updated the Commission concerning their plans to reopen Skeet Fields 1 & 2 and a trap range that were voluntarily closed by the Club years ago.
Peg suggested the possibility of a Boy Scout project to post signage at the entrance of the Massapoag Trail that would include the Club’s skeet shooting hours.
The Commission is willing to designate an area that would be mutually agreeable with the Club for providing two parking spaces at the end of the Club’s parking lot on Belcher Street for public access to the Massapoag Trail on a day when there is no shooting allowed on the skeet fields.
The Commission did not have any objections concerning the Club’s proposed plans to reopen two skeet fields and a trap range.
Christine Turnbull left the meeting at this time
9:15 p.m., Executive Session:
A Roll Call Vote was taken to enter into Executive Session to discuss pending violation issues.
9:45 p.m., Adjournment from Executive Session:
A Roll Call Vote was taken to adjourn from Executive Session.
9:47 p.m., Signatures:
The Commission signed bills. Negative Determination for, 22 Castle Drive, Bay Road/Woodland Trust, Charles Dow, Esq. Order of Resource Area Delineation, 235 Billings Street, DEP # SE-280-0502:
Certificate of Compliance, 7 Cattail Lane. Certificate of Compliance, DEP File # SE-280-198.
Page 4 SCC 5/7/09 Meeting Minutes
9:50 p.m., Discuss the violation at 50 Belcher Street – Mr. Powers.
The Conservation Administrator explained to the members of the Commission that Mr. Powers agreed to remove the chipping debris from the buffer zone on his property. Mr. Powers claimed that the recent cutting and chipping he performed on his property was due to storm related damage. The Conservation Administrator requested for Mr. Powers to cease all activity inside the buffer zone and allow the vegetation to grow. The Conservation Administrator will continue monitoring the site.
9:55 p.m., Old/New Business:
Correspondence-
Peg reviewed a letter from Michael Intoccia introducing himself as the new developer of Hunters Ridge.
There will be an informal meeting held in the Clubhouse at Hunter’s Ridge, on Wednesday,
May 13, 2009 at 6:30 p.m.
The Planning Board will hold a public hearing on May 20, 2009 at 7:30 p.m., to consider a request by Hunter’s Ridge LLC to amend the “Decision on Application for Special Permit”, issued to Hunter’s Ridge Realty Trust by the Planning Board for Hunter’s Ridge Realty Development on April 27, 2005.
The Applicant seeks to amend the reduction in the total number of dwelling units, change of unit type, alteration of number of age restricted units, modification of the provision of affordable units, and such other relief and findings as is necessary or required.
10:00 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous.
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