Conservation Commission
Sharon Community Center
Meeting
July 8, 2010
Peg Arguimbau Chairman, Elizabeth McGrath, Keevin Geller, Meredith deCarbonnel,
Stephen Cremer, and Hank Langstroth were the members present. The Conservation Administrator,
Greg Meister, was also present.
7:45 p.m., A Notice of Intent Public Hearing filed by AT & T for the proposed installation
of a cell tower, access road, and associated utilities at 68 Mohawk Street, DEP # SE-280-0516:
Present: Representatives from AT & T - Dan Bilezikian, Eamon Kernan, P.E., and Attorney Ed Pare
Wetland Consultant Leo Garneau - Northeastern Consulting Forestry Services
Abutters/Interested Persons were also present. See attached list.
Leo Garneau appeared before the Commission to represent the Applicant. He submitted the green
abutter cards and a proposed plan entitled, “ NO1-1 and NO1-2, 68 Mohawk Street,” dated 6/21/10.
Leo Garneau explained to the Commission that he delineated wetland flag Numbers WF-1 through WF-19 as defined in the shaded green area on the proposed submitted plan. The 100 year event flood plain is outside of the proposed project site. The 500 year flood plain is shown as Flood Zone B on the submitted plan. The proposed disturbance within the 100’ Buffer Zone is approximately 6,600 square feet. All of the proposed disturbed areas within the 100’ Buffer Zone lie outside the first 50’ of upland from the edge of the Bordering Vegetated Wetland area of the site. No paving is being proposed by the Applicant. There will be no significant changes made to the existing grade areas from the proposed project.
The Conservation Administrator proposes do perform additional auguring work on the site before completing his inspection of the proposed delineated wetland line.
Eamon Kernan explained to the Commission that AT & T is proposing to install a 120’ telecommunications cell tower with attached antennas and a 12’ x 20’ equipment shelter. He said that AT & T has established this location to fulfill their signal coverage needs. The Applicant is proposing to install a 10’ to 12’gravel access road from the end of Mohawk Street to the cul-de-sac area of the compound. The proposed compound has been designed to be installed outside of the 50’ No Build Zone of the site.
The Conservation Administrator explained to Eamon Kernan that the construction of a new structure with a square footage above 120 feet needs to be installed outside of the 100’ No Build Zone in accordance with the Town’s Bylaws. The Commission is not comfortable with setting a new precedent for this project.
Eamon Kernan explained to the Commission that an outside equipment cabinet installed either on a concrete pad or a steel grated platform would be a good alternative to the equipment shelter.
The Conservation Administrator inquired if the Applicant had any provisions in his proposed project to include future carriers.
Eamon Kernan replied that although the current layout for the proposed cell tower has been designed only for AT &T, it is possible to include provisions in the layout to accommodate potential carriers.
The Commission expressed the following concerns to the Applicant:
- The Commission is concerned with the disturbance and cumulative impact to the adjacent wetland resource areas and buffer zones on the site from the proposed project.
- The significant amount of tree clearing proposed for the project.
- The Commission is willing to consider reviewing a revised plan from the Applicant that would either change the scale of the proposed structure or location of the proposed project to keep the project further away from the wetland resource areas of the site.
The Commission proposes to visit the proposed project site and requested that the Applicant stake out the proposed gravel roadway and limit of work area of the site. The Commission also requested that the Applicant tag the trees and briars proposed for clear cutting in the area of Wetland Flag Numbers 13-19.
Eamon Kernan explained that the Applicant would be willing to re-design the layout of the site to address the concerns of the Commission.
Page 2 SCC 7/8/10 Meeting Minutes
Abutter Bernard Yankowski, 65 Mohawk Street, explained that it would be important to keep the two existing gates on the project site because they are frequently used as an access by railroad personnel when the train signals are not functioning properly. He has observed ATVs accessing the cul-de-sac area of the site. He recommended that the Applicant install a fence on both sides of the proposed gravel roadway to prevent adolescents from attaining access to the site. He inquired if it would be possible for AT & T to be a carrier at the T-Mobile project site in Town. He suggested that the Islamic Center might be a more suitable site for AT & T to install a cell tower.
Eamon Kernan explained that AT & T would not have selected this proposed project site if they believed that the T-Mobile site was a better option.
Robert Simons from 21 Mohawk Street explained to the Commission that the Applicant previously met with the Zoning Board of Appeals and presented a letter stating that provisions would be included in their proposed project to accommodate four other co-locators, as well as several carriers.
Eamon Kernan explained to the Commission that although it is possible for AT & T to include provisions in their project for other carriers, their ultimate goal is to build a cell tower with equipment installed on top.
Attorney Ed Pare explained to the Commission that he performs the zoning for AT & T. He said that the Town’s Bylaw requires, from a zoning perspective, for an Applicant to provide for a co-location when proposing this type of project. If the disturbance to the wetland resource areas on the proposed project site is an issue, then it will not be possible for AT & T to provide for the co-location. The application filed with the Zoning Board of Appeals only applies to AT & T.
Peg explained that it is possible for the Commission to issue an Order of Conditions to AT & T for this filing with no potential carriers allowed within the project area.
A concerned resident from Mohawk Street expressed his concern with the possible changes to the contour of land and the drainage to the neighboring properties from the proposed project.
Eamon Kernan explained that the Applicant proposes to excavate the soil approximately six inches deep for the proposed installation of the access roadway. This excavation area will be replaced with filter fabric and gravel.
The Commission requested that Leo Garneau contact the Commission when the areas of the proposed project site are marked out as previously discussed. The Commission will arrange a site visit once the access roadway is marked out.
Peg called for a motion to continue the hearing until August 5, 2010 at 7:45 p.m.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 5-0-1.
8:45 p.m., A Notice of Intent Public Hearing filed by Jason Hayden for the proposed construction
of a single family home and associated utilities and site work, a portion of which lies within the
outer riparian zone of Traphole Brook. The property is located at 8 High Plain Street:
Abutters, Paula and David Crocker, were present in the audience.
Attorney David Lane, from Lane and Kelly, LLP, appeared before the Commission to represent
the Applicant. He submitted the green abutter cards and a proposed plan entitled,” Proposed Sewage Disposal System, High Plain Street, Sharon, MA,” 4/17/08 last date revised. He explained the following scope of the proposed project to the Commission:
- In 2008, the proposed lot was subdivided from a parcel on 320 Norwood Street where a similar project was proposed by Hanna Fadel and approved by the Commission. At that time, the Commission issued an Order of Conditions to Hanna Fadel under DEP File # SE-280-0493 for a proposed dwelling and garage as shown on the proposed plan, but the project was never completed. The existing Conservation Restriction approved by the Commission for DEP File # SE-280-0493 is comprised of approximately 1.0557 acres for the protection of a stream and wetland buffer on a portion of Lot 1, High Plain Street. The Commission recently issued a Certificate of Compliance to Hanna Fadel upon his request to close the file and sell the property.
Page 3 SCC 7/8/10 Meeting Minutes
- The Applicant for this proposed project is submitting the previous plan for 320 Norwood Street that was approved by the Commission. The proposed plan was re-certified on 6/23/10 by Miller Engineering. Two resource areas were previously delineated on the proposed project site in August 2007 by the Danena Company. The first area was an intermittent stream that bisects the property in a southerly to northerly direction. The second area is the BVW of the stream, which is located at the toe of a four to six foot slope. The top of the slope consists of upland vegetation and the toe of the slope is comprised of wetland vegetation. The delineated wetland line was flagged and numbered
1-26. A portion of the proposed site grading lies within the 200’ riparian corridor to Traphole Brook. No alteration of the bordering vegetated wetland present on the property is being proposed for the project. Haybales staked in place are proposed to be installed along the limit of work line for erosion control prior to construction of the project.
Abutter, Paula Crocker. inquired as to the extent of the proposed grading for the project. She expressed her concern with possible flooding occurring on her property from the proposed project.
Attorney, David Lane, explained that the grade work for the project is for the proposed septic system and foundation installation of the single-family home. The proposed drainage system for this proposed project has been designed to discharge any potential stormwater runoff in the direction of Traphole Brook.
The Commission agreed to issue an Order of Conditions to the Applicant with the following conditions:
- For the Applicant to contact the Conservation Administrator before starting the proposed
project for inspection of erosion control measures.
- The 8 High Plain Street property is subject to the recorded Conservation Restriction.
Peg called for a motion to close the hearing upon receipt of the DEP File Number and to issue the
Order of Conditions to the Applicant per submitted plan, with the conditions as discussed by the Commission.
Keevin Geller moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
9:00 p.m., A Request for Determination of Applicability has been filed by Eugene Chitvanni and
Steve Reid for proposed site grading associated with the construction of a single-family home at
36 Mont Fern Ave:
The Applicants appeared before the Commission and submitted a proposed plan entitled, “Septic System Design Plan, 36 Mont Fern Ave., Map 125, Lot 62, Sharon, MA,” dated 5/14/09. The proposed lot is for sale and is comprised of approximately 8 acres. The size of the proposed single-family home has not been determined at this time.
The Conservation Administrator stated that he previously met at the site with the Applicants to inspect the wetland line, and analyze soils and vegetation. Based on the results of the Conservation Administrator’s inspection, it was recommended that the Applicants submit a Request for Determination filing with the Commission for the 35’ of grade work being proposed in the back portion of the parcel that lies within the 100’ Buffer Zone. The proposed house construction lies outside of the 100’ Buffer Zone as well as the 50’ No Disturb area of the proposed project site.
The Applicants reviewed the following scope of their proposed project with the Commission:
- The proposed installation of a bituminous concrete driveway and a gravel access roadway.
- The proposed installation of a private well.
- The Applicants are considering revising their proposed plan to include the installation of an 8’ x 10’ tool shed on the site.
- The Applicants propose to place a Conservation Restriction comprised of approximately
3 ½ acres on the proposed parcel.
The Commission requested the following from the Applicants:
- For the Applicants to delineate the proposed Conservation Line on a revised plan to submit to the Commission.
- For the Applicants to place the installation of a proposed shed outside of the proposed Conservation Restriction area of the site, preferably within the proposed grade area on the back portion of the property.
Page 4 SCC 7/8/10 Meeting Minutes
- The Applicants shall be allowed to install a proposed private well within the proposed Conservation Restriction area of the site.
- Following construction of the proposed project, no additional work shall be allowed 35’ outside of the proposed grading area on the back portion of the parcel.
The Applicants agreed to comply with the Commission’s requests and report back with a revised plan.
Peg called for a motion to continue the hearing until August 5, 2010 at 8:15 p.m.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous. 6-0-0.
Stephen Cremer left the meeting at this time
9:15 p.m., Signatures:
The Commission signed bills. Certificate of Compliance for George Aronson, 229 Billings Street,
DEP File # SE-280-0499. Order of Conditions for Jason Hayden, 8 High Plain Street.
Negative Determination for Eugene Chitvanni and Steve Reid, 36 Mont Fern Ave.
9:40 p.m., Executive Session:
A Roll Call Vote was taken to enter into Executive Session to discuss pending land issues.
9:50 p.m., Adjourn from Executive Session:
A Roll Call Vote was taken to adjourn from Executive Session.
9:55 p.m., Adjournment:
Peg Arguimbau called for a motion to adjourn.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 5-0-0.
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