Conservation Commission
Meeting
Sharon Community Center
April 7, 2011
Peg Arguimbau Chairman, Hank Langstroth, Elizabeth McGrath, Keevin Geller, Meredith deCarbonnel, and Christine Turnbull were the members present. Conservation Commission Member, Stephen Cremer was absent from the meeting. The Conservation Administrator, Greg Meister, was also present.
7:45 p.m., RDA Public Hearing filed by TEC Associates for the approval of the resource area delineation and the vegetation control program proposed for the Amtrak Railway Right-of-Way:
The Applicant was absent from the hearing.
The Commission reviewed the information submitted in the Applicant’s proposed filing.
The Commission expressed their concern for the sensitive areas of the town’s well fields, wetlands and boundaries for the resource areas of Zone II along the Amtrak railway tracks.
It was the consensus of the Commission to visit the site and also request additional information from the Applicant pertaining to their proposed operational plan for Limited Spray Zones (1 year interval), and (2 year intervals), and No Spray Zones.
Elizabeth McGrath volunteered to scan the Amtrak Northeast Corridor Track Chart dated 2/14/11 and e-mail copies to the members of the Commission for their site visit.
Peg called for a motion to continue the hearing until a date set by Applicant.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
8:00 p.m., A Request for an Amended Order of Conditions for DEP File # SE-280-0490 filed by Sharon CF II, LP, for the proposed modifications to the stormwater management system for the proposed Sharon Commons Lifestyle Center development project:
Present: Attorney Bob Shelmerdine, Representing Sharon CF II, LP
Richard Kershaw, Representative from Sharon CF II, LP
Ken Caputo and Kelly Killeen, Engineers from Coler and Colantonio
Attorney Shelmerdine appeared before the Commission to represent the Applicant. He explained to the Commission that the proposed modifications to the stormwater management systems under the existing Order of Conditions for DEP File # SE-280-0490 resulted from site inspections with the Conservation Administrator and the representatives of the proposed Sharon Commons development project. He believes that the Applicant’s proposed amendments to the existing Order of Conditions would be beneficial to the proposed development project.
Kelly Killeen explained to the Commission that this meeting is a follow-up to their February 3, 2011 meeting with the Commission. He presented the following information to the Commission concerning the proposed amended plan revised on March 17, 2011:
- The amended drainage proposal involves the expansion of a portion of the site to construct an adjacent stormwater wetland area above the existing man-made isolated wetland for controlling and treating the stormwater flow, as opposed to 9 underground infiltration systems installed beneath the proposed parking lot area. The developer is proposing to create a buffer to enhance the existing isolated wetland with undulations and topography plantings. The existing man-made isolated wetland area was a previous mined area that is adjacent to a series of spoil piles and does not have the same
quality as some of the other adjacent resource areas. The proposed constructed stormwater wetland would provide stormwater runoff peak rate mitigation and improve the quality of the stormwater runoff. The proposed design of the constructed stormwater wetland area is similar to a retention basin that would be enhanced with additional plantings to help clean any potential stormwater runoff from the site. The excess stormwater runoff would eventually flow into the previously proposed drainage designed outlet located upstream along the bog pond area of the site. The proposed constructed wetland area will be graded and vegetated in accordance with the DEP Stormwater Management Standards.
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- The limit of the proposed work is located within the buffer zone to the existing man-made isolated wetland area.
- The components of the original design that provided for the TSS removal under the existing
Order of Conditions will remain unchanged for the proposed amended plan.
- Approximately 35,700 s.f. of impact has been reduced along the parking areas of the site from the proposed amended plan.
- The grading of the sloped area adjacent to the isolated and retaining wall is proposed to be designed with a 3:1 slope. A landscape architect has designed a planting plan with specific vegetation to enhance the habitat around the resource areas of the sloped area.
(The toe of the sloped areas have been marked out on the site.)
- Tom Houston from PSC is drafting a Peer Review Report of the proposed Stormwater Management Design for the proposed development project.
(Kelly Killeen indicated that Tom Houston seems to be in favor of the elimination of the
previously proposed 9 underground infiltration systems. He said that Tom Houston was interested in performing a site inspection to review the proposed toe of the sloped areas of the project site.)
- The Applicant is planning to meet with the ZBA on April 13, 2011.
Ken Caputo explained to the Commission that there will be no clearing of the mature trees within the center of the isolated wetland under the Applicant’s proposed amended plan. There will be some shaping and grading along the perimeter of the isolated wetland. There would be a slight encroachment where the low and high marshes are being proposed. He believes that the proposed constructed wetland would be a nice interface between the developed areas and natural environment.
Peg requested that the Applicant submit a cross section profile of the proposed buffer along the existing isolated wetland outlining the proposed undulations and topography plantings.
It was the consensus of the Commission to visit the proposed project site before the Applicant’s next meeting with the Commission.
Peg called for a motion to continue the hearing until April 28, 2011.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.
8:30 p.m., Attorney A. David Webster’s discussion regarding the Title Exam requested by the Commission for the Oakland Road Sand Pit:
Attorney Webster explained to the Commission that he has been working with the Conservation
Administrator to establish the boundary lines of conservation land and the land owned by the
Town of Sharon within the Oakland Road area.
Attorney Webster presented his Title Exam Report to the Commission as follows:
- The Town of Sharon acquired parcels 1-3 in 1918, 1937, and 1943.
- The Conservation Commission acquired parcel 4 in 1979.
- The GIS map provided by the Sharon DPW shows two very small anomalies:
- The first anomaly is at the southerly end of South Pleasant Street, where the line should run
straight by the end of the street. (The Conservation Commission actually owns this small
section of the property.)
- The second anomaly is at the northwesterly end of the Pleasant Park Road cul-de-sac area
where the GIS map shows a portion of Lot 23 as being owned by the Conservation
Commission.
- There is an existing drainage easement by the swampy area of the site.
The Conservation Administrator explained to Attorney Webster that the Assessor’s Office incorrectly listed the parcel as all Conservation land and requested that he review his plans with the Board of Assessors to clarify the boundary line at the southern end of South Pleasant Street.
Attorney Webster agreed to comply with the Conservation Administrator’s request.
Attorney Webster indicated that the Commission has the option to request conveyance of the three town owned parcels to the Conservation Commission.
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Abutter Paul Vitali, 8 Valley Road, requested clarification of how a parcel of land when purchased by the Town of Sharon is designated either as Conservation owned Land or Town owned Land.
Attorney Webster and the Commission explained to Paul Vitali that before the Conservation Commission was established in 1959 there was no other entity to designate land purchased by the Town except for the Town of Sharon. The wording contained in the 1979 deed states that the parcel is granted to the Town of Sharon under the management and care of its Conservation Commission. Now, when land is bought by the Commission, it is purchased by the Town of Sharon acting by and through its Conservation Commission for Conservation purposes.
Mr. Vitali requested information concerning a Notice of Intent filed with the Commission in
1995-1996 for a proposed ball field on the Oakland Road parcel.
The Conservation Administrator offered to review the filing with Mr. Vitali next week.
Mr. Vitali said that the DPW previously used the Conservation area of Oakland Road to dump salt laden snow, to be stored in that area, until he complained.
Mr. Vitali expressed his concern about the DPW transporting compost from the Farnham Road Recycling area for storage within the Zone II area of Oakland Road.
The Conservation Administrator explained to Mr. Vitali that the DPW has received permission from the DEP to store the compost within the Zone II area of Oakland Road.
8:40 p.m., Old/New Business:
-Cliff Towner’s Re-Appointment to the Lake Management Committee:
Peg expressed her appreciation for all of Cliff Towner’s hard work over the years in maintaining the integrity of Lake Massapoag.
Peg called for a motion to re-appoint Cliff Towner to represent the Commission as
Chairman of the Lake Management Committee.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous. 6-0-0.
-Enforcement Order for the violation at Lot 106 Eisenhower Drive under DEP File #SE-280-0508:
Peg called for a motion to ratify the Enforcement Order for Lot 106 Eisenhower Drive which would direct Mr. Altieri to start the replication work for the violation of the wetland resource areas of Lot 106 Eisenhower Drive.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. Unanimous. 6-0-0.
-The Commission’s release of the October 19, 1995 Executive Session Meeting Minutes:
Peg called for a motion to release the Conservation Meeting Minutes of October 19, 1995.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous. 6-0-0.
-The Commission’s position on Warrant Article 2 of the May 2, 2011 Town Meeting for the
former Sacred Heart Property:
Peg called for a motion that the former Sacred Heart Property remains consistent with its existing permitted uses.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.
-April 12, 2011 Selectmen’s Meeting:
Peg said that the Commission is scheduled to meet with the Selectmen on April 12, 2011 at
7:15 p.m., to discuss Article 21 of the May 2, 2011 Annual Town Meeting. The Article seeks to appropriate $15,000 from FY’11 funds of the Community Preservation Fund to pay Audubon to hold a restriction on the land at 154A Billings Street.
Alice Cheyer was present in the audience and recommended that if Article 21 is presented at Town Meeting, Meredith deCarbonnel should ask to present the Article on behalf of the CPC due to her closeness of the Conservation Commission’s interests.
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8: 55 p.m., Signatures:
The Commission signed bills. Enforcement Order for the violation at
Lot 106 Eisenhower Drive under DEP File #SE-280-0508.
Meredith deCarbonnel left the meeting at this time
9:00 p.m., Executive Session to discuss Real Property Acquisition/Pending Litigation:
A Roll Call Vote was taken by the Commission to enter into Executive Session to discuss
Real Property Acquisition.
9:40 p.m., Adjournment from Executive Session:
A Roll Call Vote was taken by the Commission to adjourn from Executive Session.
9:42 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous. 5-0-0.
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