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Conservation Meeting Minutes 07/16/2009
     

Conservation Commission
Meeting Minutes
July 16, 2009

Peg Arguimbau Chairman, Stephen Cremer, Meredith deCarbonnel, and Elizabeth McGrath were the members present.

7:45 p.m.: RDA Public Hearing filed by Glenn and Marisa Gutmacher for the proposed construction of an in-ground pool within the 100’ Buffer Zone at 70 Edge Hill Road:

The Applicants appeared before the Commission and submitted a proposed plan entitled, “Foundation and Septic As-Build Plan, Edge Hill Road in Sharon,” dated 5/20/96. Mr. Gutmacher explained to the Commission that the proposed project includes the construction of a 16’ x 44’ in-ground pool with 3’ decking surrounding the pool area. The proposed pool and required fencing lie within approximately 15’ of the 100’ Buffer Zone on the previously disturbed lawn area of the proposed project site. The adjacent wetlands extend into the Avalon Bay Development Area.
The Commission requested the Applicants to install a dry well in the proximity of the pool area, outside of the 100’ Buffer Zone.
The Commission agreed to approve the proposed project with the following conditions:
  • For the Applicants to contact the Conservation Administrator prior to starting the proposed project to inspect erosion control measures.
  • For the Applicants to provide information for installing a dry well outside the 100’ Buffer Zone of the proposed project site.
  • To stockpile the excavated material from the proposed project outside of the 100’ Buffer Zone of the site.
Peg called for a motion to close the hearing and issue a Negative Determination to the Applicants
per submitted plan with the conditions as discussed.
Elizabeth McGrath moved. Meredith deCarbonnel seconded. Voted. Unanimous. 4-0-0.

8:00 p.m.:  N.O.I. Public Hearing filed by the Town of Stoughton for the proposed reconstruction of the Bay Road Culvert adjacent to Walter’s Way. DEP FILE # SE-280-0504:

Ben Fehan, P.E., Town of Stoughton Engineer, appeared before the Commission. He submitted the green abutter cards to the Commission and a proposed plan entitled, “Culvert Reconstruction, Bay Road,” dated May 5, 2009. Ben Fehan explained to the Commission that the proposed project is to replace the defective 2 ft. x 2 ft. culvert on Bay Road which is approximately 100 years old. He explained to the Commission that water collects under the culvert and flooding occurs during major storm events. A sink hole developed last year and undermined the roadway causing that area to be closed down. An Engineering Company was hired to perform a study for a replacement culvert and determined that a 9 ft. x 6 ft. culvert would be adequate to control a major storm event. An Army Corps of Engineering Permit may not be necessary if the project is completed by October 1, 2009.
Ben Fehan explained the following scope of the proposed project to the Commission:
  • The installation of a temporary by-pass pipe under the roadway to control any water flow
during construction of the proposed project. Haybales are proposed to be installed across the nearby river to allow water to flow through the by-pass pipe.
  • The installation of a 9 ft. x 6 ft. RCP Culvert with 4 – 10 ft. RCP Wingwall, to adequately control a 100-year storm event.  
  • The installation of two new deep sump catch basins.
  • The installation of Rip Rap to stabilize the bank of the sloped area of the proposed project.
Ben Fehan explained to the Commission that Sharon and Stoughton officials have been meeting to discuss the funding needed to reopen Bay Road.  Stoughton officials estimate that the cost to repair Bay Road is approximately $600,000.


Page 2 SCC 7/16/09 Meeting Minutes


The proposed project involves the excavation work, replacing the retaining wall, and repaving the roadway. Ben Fehan feels that a 2 ft. x 2 ft. temporary culvert would not be adequate to control a major storm event. The Sharon DPW received a new cost estimate from contractors who indicated that $300,000 would be a more accurate estimate for repairing Bay Road. Sharon officials have offered to provide some funding for the proposed project. Ben Fehan explained to the Commission that installing a 9 ft. x 6 ft. culvert would require permitting from the Conservation Commission of Sharon, Stoughton, Easton, Army Corps of Engineers, and the DEP. Sharon and Stoughton officials are also trying to obtain additional funding from additional sources, as well as stimulus funds for the proposed project.
The Stoughton Selectmen are meeting next week to discuss the possibility of obtaining Chapter 90 Funds for the proposed project.   
The Commission agreed to close the hearing and issue an Order of Conditions to the Applicant with the following conditions:
  • For the Applicant to install a natural core erosion control device to stabilize the bank of the slope on the Sharon side of the proposed project.
  • For the Applicant to contact the Conservation Administrator before starting the proposed project to inspect erosion control measures.
  • For all of the proposed work to comply with the submitted plan entitled, “Culvert
Reconstruction- Bay Road.” Dated 5/5/09. Prepared by Camp Dresser and McKee, Inc.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant per submitted plan, pending receipt of information on the alternative bank stabilization on the Sharon side of the proposed project, and conditions as discussed.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.

8:15 p.m., N.O.I. Public Hearing filed by Gary Bertocci for the proposed construction of a driveway for two dwellings, utilities, and related grading within the Riverfront Area on Lot 2, 811 Bay Road, DEP FILE # SE-280-0505:

Applicant Gary Bertocci, and Luke Klim from Pilling Engineering appeared before the Commission.
The Applicant submitted the green abutter cards and a proposed plan entitled, “On-Site Sanitary Disposal System, New Construction, Lot 2, Bay Road, Sharon, MA” dated 6/29/09. Gary Bertocci and Luke Klim explained the following scope of the proposed project to the Commission:
  • 811 Bay Road contains approximately 10.35 acres, and has been subdivided into 2 additional lots.
  • Lot 2 is comprised of 1.688 acres with 65 sq. ft. of Upland area. The proposed project is for the construction of a 5 bedroom single family home located outside of the 100’ Buffer Zone.
The proposed driveway and grading are proposed to be constructed inside the 100’ Buffer Zone.
  • Lot 3 is comprised of 7.331 acres. A portion of the lot has an existing house on it. The Applicant is proposing to place a Conservation Restriction containing 6.31 acres on this parcel.
The Commission agreed to close the hearing and issue the Order of Conditions to the Applicant with the following conditions:
  • For the Applicant to install erosion control measures as indicated on the submitted plan approved by the Commission.
  • For the Applicant to notify the Conservation Administrator before starting the proposed project for inspection of erosion control measures.
Peg called for a motion to close the hearing and issue the Order of Conditions to the Applicant per submitted plan with the conditions as discussed.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. Unanimous. 4-0-0.


Page 3 SCC 7/16/09 Meeting Minutes
8:30 p.m., N.O.I. Public Hearing filed by Gary Bertocci for the proposed construction of a  driveway of two dwellings, utilities, and related grading within the Riverfront Area on Lot 3, 811 Bay Road,
DEP FILE # SE-280-0506:
Applicant Gary Bertocci, and Luke Klim from Pilling Engineering appeared before the Commission.
The Applicant submitted the green abutter cards and a proposed plan entitled, “On-Site Sanitary Disposal System, New Construction, Lot 3, Bay Road,” Sharon, MA, dated 6/29/09. Luke Klim explained to the Commission that the proposed project is for the construction of a 7 bedroom single family home and a 3 car garage located outside of the 100’ Buffer Zone. The proposed driveway and associated grading are proposed to be constructed inside the 100’ Buffer Zone. The Applicant is proposing to place a Conservation Restriction containing 6.31 acres on this parcel. The restricted area contains a pond, perennial stream, bordering wetlands, and undisturbed buffers. This area will remain in its natural condition in perpetuity.
The Commission agreed to close the hearing and issue the Order of Conditions to the Applicant with the following conditions:
  • For the Applicant to install additional Hay Bales following the property line of Lot 2.
  • For the Applicant to notify the Conservation Administrator before starting the proposed project for inspection of erosion control measures.
  • For the Applicant to fully execute and record the Conservation Restriction as depicted on the submitted plan approved by the Commission.  
Peg called for a motion to close the hearing and issue the Order of Conditions to the Applicant with
the conditions as discussed.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.
Peg called for a motion to accept the Conservation Restriction as proposed by the Applicant.
Elizabeth McGrath moved. Meredith deCarbonnel seconded. Voted. Unanimous. 4-0-0.
8:45 p.m.: A request from Sharon CF II LP to amend the Order of Conditions for Old Post Road
Improvements, DEP File #SE-280-0491:

Attorney Bob Shelmerdine, and Ken Caputo from Coler and Colantonio, appeared before the Commission to represent the Applicant and submitted a new set of plans to amend the original Order of Conditions issued under DEP File #SE-280-0491 entitled, “Temporary Access Road Plan & Profile Definitive Site Plans Residences at Sharon Commons South Residential Site, Sheets TA-2 and TA-2”, dated 6/29/09.
and “South Main Street Improvement Project, Sharon Commons off-site mitigation amended Order of Conditions set” dated 7/9/09. The Applicant received approval from MEPA for the proposed project. Following receipt of a 61 Finding from Mass Highway, the Applicant is proposing to install drainage infrastructure to support South Main Street. The Applicant is proposing to install additional catch basins that include hooded, deep sump pumps along the high point on the bridge to Gavins Pond Road. The Applicant is proposing to address stormwater flow along the bog area.  Ken Caputo reviewed a detail plan for an interim measure and sequence of construction for the proposed project. The bridge construction will commence along with the commercial sequence of the proposed project.  In the event that the residential units are occupied before the construction of Old Post Road, a temporary access road will be built on the existing gravel driveway to service the residential site. The temporary access road will not be constructed in a different location than what was proposed in the original Order of Conditions approved by the Commission. Ken Caputo presented the following scope of the proposed project to the Commission:
  • To modify and improve the roadway layout for the public and enhance stormwater management according to the new DEP Stormwater Management regulations and the State Highway design requirement. The proposed improvements include widening the roadway along South Main Street, installing the highway drainage system, and stormwater mitigation along the Old Post Road area. The Applicant proposes to replace the existing sub-standard drainage systems with hooded catch basins and sedimentation traps within the Mass Highway Right-of-Way of Old Post Road. The proposed improvements to the existing South Main Street drainage system include extending the untreated drainage outlet along the Old Post Road bog area to an oil/water separator and detention basin. A drainage system is proposed to be designed along the north side of South Main Street to meet the pre-developed rates of stormwater runoff and provide a water quality swale system to treat any potential water flowing into the bog area and wetlands in that area of the site.

Page 4 SCC 7/16/09 Meeting Minutes

  • The existing impervious and gravel parking area near the bog area is proposed to be stabilized with vegetation and stone to enhance the natural environment of the bog area and nearby stream area.
Drainage system improvements to the existing parking lot adjacent to the American Legion are also being proposed by the Applicant to protect the nearby stream.
The Commission requested the Applicant to notify Fred Bottomley concerning the consequence of the proposed project.
     The Commission agreed to accept the Applicant’s proposed amendments to the original Order
      of Conditions with the following conditions:
  • For the Applicant to submit a copy of the completed pre/post calculations for the drainage structures for the proposed project.
  • For the Applicant to submit a copy of their amended plans and letter requesting the amendments of the original Order of Conditions for to DEP for File # SE-280-0491.
(The Commission proposes to send a letter of approval to DEP for the Applicant’s request to amend the original Order of Conditions and reference the new set of plans.)   
Peg called for a motion to issue the amended Order of Conditions requested by the Applicant with the conditions as discussed.
Elizabeth McGrath moved. Stephen Cremer seconded. Voted. Unanimous. 4-0-0
              
Mr. Intoccia’s request to amend the Order of Conditions for Bella Estates, DEP File # SE-280-0455:

Attorney Bob Shelmerdine, and Ken Caputo from Coler and Colantonio, appeared before the Commission to represent the Applicant and submitted a set of proposed plans entitled, “Plan of Land showing the re-division of lots on Bella Road in Sharon, MA, dated 7/13/09.” The Applicant is proposing to amend the original Order of Conditions issued under DEP File # SE-280-0455 for Bella Estates, formally Hunter’s Ridge Estates, in terms of density and interior lot lines. The Applicant submitted a Form A Plan with the Planning Board to alter the lot lines. All of the proposed work lies outside of the vegetated wetlands and buffer zones of the proposed project site The Applicant met at the proposed project site with the Conservation Administrator and Town Engineer concerning proposed improvements for stormwater management, erosion control measures, and grading for the proposed development project.
The following is the scope of the Applicant’s proposed project:
  • The Applicant received approval from the Planning Board to modify the original Special Permit issued in April 2005. The density under the original Order of Conditions has been reduced to 29 lots for 29 units from 50 lots for 51 units.  The reduction in the number of lots will create a larger area for the individual lots, and reduce the amount of impervious area for the proposed project.  The Planning Board approved the Applicant’s request to increase the density of the proposed project by 3 units due to the three open space parcels comprised of ten acres that were deeded to the Town under the original Order of Conditions. The Planning Board removed the requirement for age-qualified housing and affordable housing, under the original Order of Conditions as a result of their approval for the Applicant’s 29 unit development project. 2 units are being proposed as 2 bedroom single family homes. The remaining 27 units are being proposed as 3 bedroom single family homes.    
  • The Applicant has received approval from the Board of Health for the proposed project.
Two underground sewage systems have been installed and are fully operational.
  • The approved limit of work under the original Order of Conditions issued by the Commission will not be altered from the proposed project.
  • The infrastructure for the roadway has been completed. The utilities and drainage basins have been installed.

Page 5 SCC 7/16/09 SCC Meeting Minutes

The Commission requested the following information from the Applicant:

  • For the Applicant to provide the Commission with a copy of the revised drainage calculations prepared by Gallagher Engineering for the proposed project.
  • For the Applicant to submit foundation permits showing compliance with the 100’ No Build Regulation.
  • For the Applicant to submit a copy of their amended plans and letter requesting the amendments of the original Order of Conditions to DEP for File #SE-280-0455.
(The Commission plans to send a letter of approval to DEP for the Applicant’s request to
amend the original Order of Conditions and reference the new set of plans.)
Peg called for a motion for the Commission to accept the Applicant’s request to amend the original Order of Conditions for Hunter’s Ridge, now known as Bella Estates, in terms of increased density and changed number of lots.
Elizabeth McGrath moved. Meredith deCarbonnel seconded. Voted. Unanimous. 4-0-0.

9: 45 p.m. Signatures:

The Commission signed bills. Negative Determination for Gutmacher, 70 Edge Hill Road.
Order of Conditions for Town of Stoughton, reconstruction of the Bay Road Culvert,
DEP File #SE-280-0504. Order of Conditions for Gary Bertocci, Lot 2, 811 Bay Road,
DEP File #SE-280-0505. Order of Conditions for Gary Bertocci, Lot 3, 811 Bay Road,
DEP File #SE-280-0506. Conservation Restriction for Lot 3, 811 Bay Road.
Order of Conditions for Bella Estates, formally Hunter’s Ridge Estates,
DEP File #SE-280-0455. ANRAD for 235 Billings Street. DEP File #SE-280-0502.

9: 55 p.m. Old/New Business:

The Conservation Administrator requested permission from the Commission to purchase
mowing equipment, and trailer to house the equipment, for the purpose of maintaining the
Town’s Open Space parcels.
The members of the Commission agreed to approve the Conservation Administrator’s
request.

9:57 p.m. Adjournment:

Peg called for a motion to adjourn.
Meredith deCarbonnel moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.