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Conservation Meeting Minutes 11/19/2009

Conservation Commission
                Meeting
        November 19, 2009

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

7:45 p.m., N.O.I. hearing continuance filed by Jonathan Cohen for the proposed demolition of an existing residence and various out buildings, and the construction of a new residence with associated site work at 203 Mountain Street, DEP FILE #SE-280-0511:

Peg opened the hearing in the absence of the Applicant.
Peg explained to the Commission that the Applicant has reviewed and approved the language contained in the Conservation Restriction Boiler Plate document. The Applicant proposes to process the Conservation Restriction concerning his proposed project once he attains ownership of the proposed parcel.
The members of the Commission expressed their concern with the Applicant’s proposal to install an
artesian well as part of his proposed project. The Commission agreed to request additional data from the Applicant concerning the results of the water testing performed on the site for his proposed project.
Peg called for a motion to continue the hearing until a date set by the Applicant.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous.
8:00 p.m., RDA Public Hearing filed by Clancy Contracting for the proposed installation of an in-ground pool at 11 Beach Road:

Attorney Jeff Kaplan appeared before the Commission on behalf of the Applicant and submitted a proposed schematic of the proposed project dated 2/04. He also submitted to the Commission a proposed As-Built plan dated July 7, 1999. Attorney Kaplan explained the following scope of the proposed project to the Commission:
  • The proposed construction of an 18’ x 37’ x 26’ in-ground pool and enclosure with steel wall panels and a vinyl lining.
  • The proposed installation of an 8’ concrete footing around the entire perimeter of the
       in-ground pool.
  • The proposed installation of a 3’ wide concrete deck for the in-ground pool.
The members of the Commission agreed to approve the Applicant’s proposed project with the following conditions:
  • No additional clearing will be allowed for construction of the proposed project.
  • The installation of haybales is required during construction of the proposed project between the proposed pool area and wetlands on the site for erosion control.
  •      That the Applicant contact 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 a Negative Determination to the Applicant per submitted plan with the conditions as discussed by the Commission.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.

8:15 p.m., N.O.I. hearing continuance for 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-28-0503:

Applicant, Truong Tran, was present. Attorney, Joshua Katz, appeared before the Commission to represent the Applicant and submitted a revised plan dated 11/16/09. The size of the proposed parcel is approximately 37,000 square feet. Attorney Katz stated that the original proposed plan outlined the 60’ wide building structure proposed inside the 100’Buffer Zone. The building structure is now being proposed further away from the 100’ Buffer Zone and is reflected on the submitted revised plan. Attorney Katz explained that the Applicant is requesting variances from the ZBA concerning a narrow lot size and minimum setback requirements. The reserve area for the proposed Presby Septic System is also reflected on the revised plan.


Page 2 SCC 11/19/09 Meeting Minutes
Attorney Katz explained to the Commission that the proposed installation of a Presby Septic System will provide a smaller reserve area for the septic system and save some of the mature pine trees from being removed for the proposed project. The proposed Presby Septic System will be installed away from the 100’ Buffer Zone on the proposed project site.  Attorney Katz explained to the Commission that the Board of Health has issued the variances requested by the Applicant, including the 8’ variance from the 125’ Buffer Zone. The Applicant is proposing to keep the proposed foundation for the new house construction no closer to the wetlands on the site than the original foundation.
The Commission agreed to approve the Applicant’s proposed revised plan with the following conditions:
  • The  Applicant shall not stockpile any excavated material from the proposed project site beyond the designated limit of work line or within the wetland areas of the property.
  • The Applicant  shall contact the Conservation Administrator before starting the proposed project for inspection of erosion control measures.
  • The abandoned cesspool on the site shall be filled in with sand/stone by the Applicant.
  • The Applicant shall provide a planting plan for the proposed project.
  • The Applicant shall submit a brochure of the proposed Presby Septic System to the Commission.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant upon receipt of the proposed planting plan and conditions as discussed by the Commission.
Keevin Geller moved. Hank Langstroth seconded. Voted. Unanimous.

8:30 p.m., Old/New Business:

King Phillips Rocks Tour 12/12/09:
Dr. Fred Martin met informally with the Commission. Dr. Martin notified the Commission that the New England Antiquities Association is organizing a tour of King Phillips Rocks on December 12, 2009 at 5:45 a.m., to view the winter solstice.  Dr. Martin emphasized that the Commission are stewards of the wonderful King Phillips Rocks resource. According to Dr Martin’s research, he feels that King Phillips Rocks has been a travel point from Providence to Boston since the Glacier period. Dr. Martin explained to the Commission that there are three view points to see the sunrise at King Phillips Rocks. He said that it has been thirty years since we first viewed the sun go down behind the standing stone next to the table in King Phillips Rocks and now it is time to pass the knowledge along to other people. Dr. Martin is leading the tour to visit the three viewing points at King Phillips Rocks, and the tour will continue along to Borderland State Park to view the slab roof stone before returning to King Phillips Rocks to view the three light daggers.
Dr. Martin said that he has presented a publication on archeoastronomy at an archeological conference.  
The Commission thanked Dr. Martin for the updated information and will try to attend the upcoming winter solstice event.

Update - DEP File #SE-280-0508:
Peg informed the Commission that Attorney Matt Watsky has filed with DEP for Departmental Action following his receipt of the Order of Conditions denied by the Commission for Mr. Altieri’s proposed project on Lot 106 Eisenhower Drive.

Update – Sportsmen’s Club Special Act Petition Legislation:
Peg explained to the Commission that the Town is awaiting legislative action for the conveyance of land approved by the Town under Article 12 of the November 9, 2009 Special Town Meeting

8:50 p.m. Signatures:

The Commission signed bills. Order of Conditions for 25 Meadow Road, DEP File #SE-280-0503.
Negative Determination for 11 Beach Road.






Page 3 SCC 11/19/09 Meeting Minutes

8:55 p.m., Approved past Meeting Minutes:

Peg called for a motion to approve the October 1, 2009 Meeting Minutes as amended.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 5-0-1.

Peg called for a motion to approve the October 1, 2009 Executive Session Meeting Minutes as amended.
Keevin Geller moved. Hank Langstroth seconded. Voted. 5-0-1.

Peg called for a motion to approve the October 15, 2009 Meeting Minutes as amended.
Stephen Cremer moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.

Peg called for a motion to approve the October 15, 2009 Executive Session Meeting Minutes as presented.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.

Peg called for a motion to approve the November 5, 2009 Executive Session Meeting Minutes as amended.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. 5-0-1.

Peg called for a motion to approve the November 5, 2009 Meeting Minutes as presented.
Keevin Geller moved. Stephen Cremer seconded. Voted. 5-0-1.

9:10 p.m., Adjournment:

Peg called for a motion to adjourn.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous.


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