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Conservation Meeting Minutes 11/18/2010

Conservation Commission
  Meeting
Sharon Community Center
     November 18, 2010

Peg Arguimbau Chairman, Keevin Geller, Stephen Cremer, Hank Langstroth, Meredith deCarbonnel, and Elizabeth McGrath were the members present. The Conservation Administrator, Greg Meister, was also present.

8:00 p.m., A Notice of Intent Public Hearing filed by the Salvation Army for the proposed construction/replacement of multiple septic systems at the Salvation Army property at
Massapoag Ave. /Capen Hill Rd:

Abutters/Interested Persons were present in the audience. See attached list.
John Rhoads, Senior Project Manager from Norwood Engineering, appeared before the Commission to represent the Applicant. He submitted the green abutter cards and the following proposed plans to the Commission:
  • “Notice of Intent Plan, Existing Conditions, Limit of Work Overview & Index Plan, Salvation
Army, Massapoag Avenue, Sheet Number 1 of 9, Sharon, MA.”  Dated November 4, 2010.
  • “Notice of Intent Plan, Salvation Army, Massapoag Ave., Sheet Numbers 2 through 8 of 9,  
        Sharon, MA.” Dated November 4, 2010.
  • “Riverfront Impact Areas Plan, Salvation Army, Massapoag Avenue, Sharon, MA.”
 Dated November 4, 2010.
  • “Land Use Covenant Plan at the Salvation Army Camp Wonderland, Massapoag Avenue,
        Sharon, MA.” Dated October 28, 2010. (Approximately 70.4 acres beyond the Campground
       area of the proposed parcel)
John Rhoads explained to the Commission that the proposed project site is comprised of approximately 103.2 acres with frontage on Mountain Street, Massapoag Ave., and Capen Hill Road. The size of the active camp area contains approximately 32 acres. The initial acquisitions concerning the camp began in 1924. The Applicant is proposing to remove numerous cesspools within various locations of the project the site for the installation of a Title V Septic System.  A portion of the proposed project lies within the 100’ Buffer Zone and Riverfront Resource Area of Sucker Brook. The Applicant believes that the proposed project meets the criteria for an exemption under the Wetland Protection Act for the proposed repair of the septic systems. There is no proposed disturbance to the Bordering Vegetated Wetlands on the site from the project. The estimated cost of the proposed project exceeds two million dollars.  The Applicant previously met with the Board of Health, which has expressed their support of the proposed project.  The Applicant has not yet obtained permitting from the Board of Health for the proposed project. The wetlands on the proposed project site were inspected by John Rockwood from Eco-Tech
on November 1, 2010.
The Conservation Administrator inspected the proposed project site and approved the proposed limit of work area and delineated wetland line.
John Rhoads explained the following overview of the proposed project to the Commission:
  • Sucker Brook is identified as a perennial stream located at the southern portion of the proposed project site and flows throughout the property.
  • Color coding in pink on the submitted proposed plan defines the limit of the 200’ Riverfront Resource Area of Sucker Brook. The proposed septic tanks, emergency overflow tanks, force main piping/gravity sewer piping, and the removal of cesspools, all lie within the Riverfront Resource Area of Sucker Brook.
  • The proposed work concerning the Fox cabins within 100 feet of the Mean Annual High Water Line of Sucker include grading for the installation of the composter and the removal of the existing cesspool. The proposed work beyond the first 100 feet of the Riverfront Resource Area to service the Fox cabins is the installation of the grey water sewer line, leachate force main pipe for the composter, and a 500 gallon septic tank.   
Page 2 SCC 11/18/10 Meeting Minutes

  • Color coding in yellow on the submitted plan outlines eleven camper cabins in various locations throughout the site and four staff cabins. Model M-10 or M12 composting toilets manufactured by New England Clivus are proposed to be installed at these facilities. Grey water pipe lines are proposed to be connected to these cabins to convey the grey water produced by the sinks/showers to a separate grey water leaching facility.
  • Staff Cabins 1 & 2, as Well as the Program Office:  These facilities are proposed to be serviced by a Title V Septic System due to the steepness of the grade behind the cabins and to minimize the amount of tree clearing for the proposed project.
  • The existing Health Center, Apartments, Long House, Triplets, and Caretaker’s House Are  
       Proposed to be serviced by a Title V Septic System: - Except for the Caretaker’s House, these
       structures lie within the Riverfront Resource Area to Sucker Brook and are operational three
       months per year.  The soil tests indicated a high water table in the areas of the Health Center,
       Apartments, Long House, and the Triplets. The work being proposed in close proximity to
       Sucker Brook involves the removal of two existing cesspools for the Triplets. One cesspool is
       approximately 45 feet from the Mean Annual High Water Line of Sucker Brook.
       The proposed new mounded septic system will contain a 2,500 gallon septic tank for installation
      between the Health Center, Apartments, Long House, and the Triplets. The effluent from the
      Health Center, Apartments, Long House, Triplets, and the Caretaker’s House will be pumped
       by gravity to the proposed new septic system.
  • The Public Restroom, Maintenance Building, Lakeview House, Brown House, and White House are Also Proposed to be Serviced by a Conventional Title V Septic system:
        The Public Restroom and a small portion of the Maintenance Building lie within the Riverfront
         Resource Area. The effluent from those structures will be pumped upgradient by gravity
before emptying into a new 6,000 gallon mounded septic system and lifted by a 1,000 gallon pump chamber and emergency overflow.  The installation of erosion control measures for the proposed limit of work along the Riverfront Resource Area includes wattles, siltation curtain and
         haybles/siltation fence.
  • A Proposed Bioclere System to Service the Conference Center Due to the Year-Round Use and Flow Rate of Approximately 5,400 GPD: Color coding in light purple on the submitted proposed plan outlines the Conference Center and the Conference Center Annex.
A portion of the Conference Center and the Conference Center Annex lie within the Riverfront Resource Area of Sucker Brook. A Bioclere System and soil absorption system are proposed to be installed south of the Conference Center Building and outside of the Riverfront Area. The Bioclere System is being proposed to enhance nitrogen treatment. The soil absorption system is proposed to be installed beneath the parking lot area behind the tennis courts. A new duplex pump station is proposed to be constructed to pump the flow from the northern portion of the Conference Center to the Bioclere System. The pump station will be located within the Riverfront Resource Area, approximately 110’ from the Mean Annual High Water Line of Sucker Brook.
  • The Robbins, Pheasants, Minks, Bears, and Jaguar Camper Cabins: Are proposed to be installed   within the 100’ Buffer Zone of Sucker Brook. Composting toilets manufactured by New England Clivus are proposed to be installed at these facilities
  • Staff Cabins 3, 4, 5, & 6 - Smaller Composting Toilets & Composters:  Smaller composting size
       toilets and composters are being proposed for staff cabins 3, 4, 5, & 6. The smaller
       composters will be installed at the rear of the cabins beneath the first floor. The installation of
       a subdrain/foundation is being proposed for cabins 3 & 4. The showers and sinks in the
       cabins are proposed to be connected to a grey water piping system that empties into a grey
       water soil absorption system. The composters are equipped with a lechate pipe that
       discharges through a force main pipe into a septic tank.

 Page 3 SCC 11/18/10 Meeting Minutes
  • The Salvation Army is seeking a Groundwater Discharge Permit from DEP as the Title V design flow rates during the summer months exceed 10,000 gallons per day for the campground.
  • The hydrogeologic evaluation report submitted by the Norfolk Ram Group for the proposed project has been approved by DEP. The average nitrogen concentration in the groundwater exiting the site is estimated to be 4.27 mg/L, which is below the 10 mg/L threshold established by DEP.
  •   A small portion of the proposed project lies within an area designated as a NHESP Priority Estimated Habitat for Rare Species and Wildlife along Massapoag Ave. The proposed work within these limits involves the removal of a cesspool and pump chamber, along with the construction of a soil absorption system.  The NHESP reviewed the proposed project and determined that it would not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. The NHESP has also determined that the proposed project appears to be exempt from a MESA review pursuant to 321 CMR 10.14 (6).
  •    The Applicant is proposing a monthly progress meeting with the Conservation Administrator during construction of the proposed project. The Applicant shall also update the Commission of any proposed revisions regarding the composting units at the Jaguars and Owls cabins.
Peg called for a motion for the Commission to waive the Local By-law fee as requested by the Salvation Army in consideration of their standing as a non-profit organization.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous.
Abutter - Barbara Nadler, 183 Mountain St., inquired as to when the Applicant proposes to start the project.
John Rhodes anticipates starting the proposed project in late January or February 2011.
The Commission requested that a provision be included in the proposed Land Use Covenant that would provide the Commission with the notification of the Salvation Army’s intent to either limit or remove the Declaration of Land Use Covenant Agreement, and/or to change the use of the property.
The attending Representatives from the Salvation Army indicated that they would discuss revising
the Covenant with the administrators of the Salvation Army office in New York.
John Rhoads announced his retirement plans to the Commission and expressed his appreciation in working on projects with the Conservation Administrator and the members of the Commission.  
The Commission extended their gratitude to John Rhoads for all of his previous work with the Commission, especially for the thorough presentation of the proposed project. All of the Commission members wished him good luck in his retirement.
Peg called for a motion to close the hearing pending receipt of the DEP File Number, and to issue the Order of Conditions to the Applicant. The Applicant shall submit a revised Land Use Covenant to reflect the Commission’s notification of the Salvation Army’s intent to either limit or remove the Declaration of Land Use Covenant Agreement, and/or to change the use of the property. Said Covenant shall be submitted to the Commission prior to the issuance of a Certificate of Compliance.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.

9:05 p.m., Meeting with the Recreation Director/ Recreation Advisory Committee:

Present: Recreation Director, Brett MacGowan. Recreation Advisory Committee Chairman, Michael Ginsberg, and members Fred Benjamin, Gary Bluestein, Neil Grossman, Steve Lesco,~ Rick Schantz, Mitch Blaustein, and Gail Bouton. Town Administrator, Ben Puritz.
Abutters/Interested Persons were also present. See attached list.
The Commission presented the Recreation Committee with a copy of a map outlining the former Sacred Heart site and a copy of Article 25 as voted at the May 2002 Annual Town Meeting.
Peg explained that the purpose of the meeting is due to an issue of joint concern about the future use of the former Sacred Heart property, which affects the Commission from an open space, conservation standpoint, and the Recreation Department from their standpoint.  

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Peg presented a brief history regarding a portion of the King Philip property that was previously purchased as a replacement parcel in accordance with State regulations to allow for a portion of the former Sacred Heart parcel to be used for a proposed Senior Center/Indoor Recreation Center.
The Conservation Administrator said that he understands the Selectmen has received two
“Request for Proposals” (RFPs) for the development of the former Sacred Heart property that involve housing components associated with recreational facilities. He discussed the park restriction issues concerning the potential use of the property as well as deed and grant restrictions. The Conservation Administrator explained that 91 acres were previously involved to acquire the 3.03 acre land conversion that was contingent upon a Town Meeting Vote to acquire land for a Senior Center/Indoor Recreation Center (Parcel N).
Ben Puritz explained that based on the results received from a questionnaire previously compiled by the Sacred Heart Re-Use Committee from various Town Departments, the preferred future use of the former Sacred Heart property would be for recreational oriented use. Specifically, a swimming pool. The Committee was reconstituted approximately 1 ½ years ago and was able to obtain a Town Meeting Vote to assure that the proposed use was in compliance with the zoning and underlying purposes of the property, which included a Senior Center/In-door Recreation Center.
Peg inquired if any members of the Recreation Advisory Committee have served on the Sacred Heart Re-Use Committee.
Ben Puritz explained that the members of the Recreation Advisory Committee did not directly serve on the Sacred Heart Re-Use Committee. There was a solicitation of interest from various Town Boards earlier in the process. The initiative was not economically oriented or driven. It was to fill a need within the community based on a solicitation in the form of surveys and hearings that were held. The number one interest was a swimming pool. Two RFPs were received by the Selectmen on 10/19/10.
One of the proposals did not include a swimming pool component.
Peg requested copies of the RFPs.  
The Conservation Administrator stated that he does not understand how a proposal was composed in such a way that involved any residential housing.
Ben Puritz explained that RFPs were sent to non-profit organizations such as the YMCA to see if the swimming pool would be a viable concept for the future use of the property. Housing was not an intentional component of the RFP.
The Conservation Administrator inquired as to why a residential housing was mentioned in the matrix.
Ben mentioned that one letter of interest included an affordable housing component for the future use of the site. Another letter of interest fulfilled the swimming pool requirement that included an affordable housing component for persons with developmental disabilities.   
Abutter - Anne Bingham, 78A Cedar Street, expressed her concern that since the 2010 Annual May Town Meeting she has been researching this issue and, in her opinion, there has been an expectation in the minds of some people that a housing component would be included in the RFP concerning the future use of the former Sacred Heart property. She feels that a housing component was not made explicit in the Annual May Town Meeting Article.
Peg inquired whether the attending members of the Sacred Heart Re-Use Committee were aware of the replacement parcel issue and the intricate details involved with the park service restrictions.
Ben Puritz indicated that he would be willing to meet with John Davis and Town Counsel concerning the allowable future use of the former Sacred Heart property.
Peg inquired if the Recreation Advisory Commission has previously met with the members of the Sacred Heart Re-Use Committee.
Brett MacGowan explained to the Commission that he was invited to appear before the Sacred Heart Re-Use Committee because he is a Certified Pool Operator. He discussed his knowledge concerning the difference between therapeutic and recreation pools. Brett told the Re-Use Committee that he thought a swimming pool would be beneficial to the residents of Sharon. The Re-Use Committee did not request Brett’s guidance concerning the RFPs for the former Sacred Heart property.

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Brett presented the Commission with a copy of a letter addressed to the Selectmen explaining his interest in providing some input concerning the RFP for the future use of the former Sacred Heart property. He expressed his concern of how potential development plans regarding the former Sacred Heart site might further impact the existing parking lot area and park operation.
Brett expressed his concern of the proponent’s interest to take over the tennis courts and skating pond as part of their proposal for the future use of the former Sacred Heart parcel.
Ben Puritz expressed his willingness to contact Town Counsel concerning a definitive opinion concerning the Annual May Town Meeting Vote as well as the park service restrictions. He explained to the Commission that there are many outstanding issues concerning the RFPs and that there is no foregone conclusion concerning the future use of the former Sacred Heart property.
The Conservation Administrator questioned why any legal use questions were not addressed at the beginning of the Re-Use Committee’s work.
Stephen Cremer indicated that potential developers should have been notified that a housing component was not an option concerning the future use of the former Sacred Heart property before the matter arrived at this level.
Peg mentioned to the members of the Commission that the next Sacred Heart Re-Use Committee Meeting is scheduled for November 30, 2010.

9: 40 p.m., Signatures:

The Commission signed bills. Order of Conditions for the proposed Salvation Army’s project at
Massapoag Ave. /Capen Hill Rd.

9:45 p.m., Adjournment:

Peg called for a motion to adjourn.
Hank Langstroth moved. Keevin Geller moved seconded. Voted. Unanimous. 6-0-0.