Conservation Commission
Meeting
Sharon Community Center
May 5, 2011
Peg Arguimbau Chairman, Keevin Geller, Meredith deCarbonnel, Hank Langstroth, Elizabeth McGrath, and Stephen Cremer were the members present. Conservation Commission Member, Christine Turnbull was absent from the meeting. The Conservation Administrator, Greg Meister, was also present.
Peg postponed opening the 7:45 p.m., RDA hearing continuance for TEC Associates until the Applicant’s Representative arrived at 8:05 p.m.
7:45 p.m., Old/New Business:
-Noah Siegel’s Re-Appointment to the Lake Management Committee:
Peg expressed her appreciation for Noah Siegel’s valuable work in representing the Commission on the Lake Management Committee since his original appointment in 2007.
The Conservation Administrator explained to the Commission that Noah Siegel holds the position of Secretary to the Lake Management Committee and his attendance has been excellent.
Peg called for a motion to re-appoint Noah Siegel to represent the Commission as a member of the
Lake Management Committee.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 6-0-0.
-The Proposed Sharon Commons Lifestyle Center Development Project:
It was the consensus of the Commission to perform a site inspection of the proposed Sharon Commons development project on May 12, 2011 at 7:00 p.m., and to post the meeting notice at the Town Clerk’s office.
- FY’12 Senior Property Tax Work Off Abatement Program:
The Commission agreed for Peg to submit a Property Tax Program Department Request Form, on behalf of the Commission, to sponsor both Alice Cheyer and Rita Corey for a trail clean-up project for FY’12.
- May 2, 2011 Annual Town Meeting Warrant Articles of Conservation Interest: Article 2 preserved the existing permitted land use of the former Sacred Heart property. Article 15 preserved funds for land acquisition. Article 21 appropriated $15,000 from FY’11 funds of the Community Preservation Fund to pay Mass Audubon to hold a restriction on the land at 154A Billings Street. Article 22 replenished the Conservation Commission Fund for the purpose of open space acquisition.
The Commission expressed their appreciation for the May 2, 2011 Town Meeting approval of the articles listed above. The Commission also expressed their appreciation for the Selectmen’s efforts in support of Article 21.
8:00 p.m., Approval of the March 3, 2011 Meeting Minutes:
Peg called for a motion to approve the March 3, 2011 Meeting Minutes as presented.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. 5-0-1.
8:05 p.m., RDA Hearing continuance for TEC Associates for the approval of the Resource Area Delineation and the Vegetation Control Program proposed for the Amtrak Railway Right-of-Way:
Kyle Fair from TEC Associates appeared before the Commission to represent the Applicant.
He presented the following documents to the Commission for the proposed project:
- U.S.G.S. map outlining the Northeast Corridor Track Chart for Sharon dated February 14, 2011.
- Amtrak’s Vegetation Control Program for 2011-2015 that would be consistent with the vegetation
management control program as approved by the Commonwealth of Massachusetts Department of
Agricultural Resources. (DAR)
- Amtrak’s Yearly Operational Plan for 2011 prepared by TEC Associates.
Page 2 SCC 5/5/11 Meeting Minutes
Kyle reviewed the following sensitive and non-sensitive areas as delineated on Amtrak’s proposed Northeast Corridor Track Chart:
- Highlighted in Dark Blue - Limited Spray Zone Sections proposed at 2 year intervals - The
proposed herbicide application to the Ballast Section of the Railway concerning the wetland
resource areas located 10 feet on each side of the centerline track.
-Highlighted in Yellow - No Spray Zone Sections - Includes the wetland resource areas within
20 feet of the centerline track, any water over a wetland, and for a 400’ radius around the well
heads of the public wells adjacent to the railway tracks.
-Highlighted in Light Blue - Limited Spray Zone Sections proposed at 1 Year Intervals,
DEP Approved Zone II/IWPA – The proposed application of herbicides to control the vegetation
when approaching the railway tracks in Canton. The wetlands have been identified within
110 feet of the centerline track. (100 feet away from the Applicant’s proposed spray zone.)
-White Zone Section - Non-Sensitive Area - Upland. This area of the proposed project site is
more than 100 feet away from the Applicant’s proposed spray zone.
- Amtrak’s 2011 Yearly Operation Plan includes the application of Roundup and Razor-Pro for controlling the vegetation within the sensitive areas of the proposed project site.
- The herbicides for the proposed vegetation control program were selected from the DAR’s sensitive material list for the sensitive and upland areas along the Amtrak Railway
Right-of-Way.
- A Foliar Application technique performed by a specialized hy-rail truck equipped with a spray boom is being proposed to apply the herbicide treatment along the Amtrak railway tracks in Sharon except when approaching the tracks in Canton. A brush application program is proposed for vegetation control when approaching the railway tracks in Canton.
The Commission agreed to issue a Negative Determination to the Applicant with the condition that the Applicant notifies the Conservation Administrator before starting the proposed project.
Peg called for a motion to close the hearing and to issue a Negative Determination to the Applicant per submitted plan with the condition as discussed.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous. 6-0-0.
8:20 p.m., ANRAD Public Hearing filed by the Garcon Corporation for the proposed review of the wetland resource boundary on property at 18 Deborah Sampson Street, DEP File # SE-280-0523:
Steve Ivas from Ivas Environmental appeared before the Commission to represent the Applicant.
The Applicant, Gary Bertocci, was also present.
Steve Ivas submitted the green abutter cards to the Commission and a color-coded proposed plan entitled, “Plan of Wetlands Delineation, 18 Deborah Sampson Street,” dated April 25, 2011. The
proposed plan was prepared by the Pilling Engineering Group, Inc.
Steve Ivas reviewed the following wetland resource areas of the proposed project site:
- An un-named Perennial Stream enters the proposed project site from the nearby golf course area.
- A connecting braid of Massapoag Brook continues off-site into the open marsh area
north and west of the parcel.
- Highlighted in purple on the proposed plan outlines the 100’ Riverfront Area of the site as
well as the 200’ Riverfront Area.
- Highlighted in green on the proposed plan defines the edge of the BVW line that is delineated at
the bottom of the sloped area of the site. The size of the steep slope in the back portion of the
site is 30’ from the top of the slope to the toe of the slope.
- Highlighted in orange on the proposed plan defines the 100’ Buffer Zone existing on the site.
- Highlighted in red on the proposed plan defines the 50’ Buffer Zone existing on the site.
- Highlighted in blue on the proposed plan defines the Mean Annual High Water line of
Massapoag Brook and the un-named stream.
- The dashed line marked on the proposed plan delineates the approximate location of the
floodplain area of the proposed project site.
- The wetland resource area at the southwest corner of the subject’s site is approximately 2,000 s.f.
Page 3 SCC 5/5/11 Meeting Minutes
The Conservation Administrator, Greg Meister, previously visited the site with Steve Ivas to inspect the soils and review the proposed delineated wetland line. Based on the information received from the Conservation Administrator's inspection of the proposed wetland line, the boundaries for the wetland resource areas delineated on the proposed plan were confirmed by the Commission.
Greg informed the Commission that there is conservation land abutting the steep slope in the back portion of the site.
Greg suggested to Steve Ivas that the 125’ Buffer Zone for the reserve area of the proposed septic should be delineated on the proposed plan.
Steve Ivas indicated that he would include the 125’ Buffer Zone Line on the proposed plan.
It was the consensus of the Commission to approve the wetland line delineation as presented by
Steve Ivas for the property at 18 Deborah Sampson Street.
Peg called for a motion to close the hearing and to issue an Order of Resource Area Delineation to the Applicant per submitted plan.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. Unanimous. 6-0-0.
8:35 p.m., Approval of the April 7, 2011 Meeting Minutes:
Peg called for a motion to approve the April 7, 2011 Meeting Minutes as amended.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. 5-0-1.
8:45 p.m., Signatures:
The Commission signed bills. Negative Determination to TEC Associates for the proposed vegetation
control program for the Amtrak Railway Right-of-Way. ANRAD for 18 Deborah Sampson Street, under
DEP File #SE-280-0523.
8:50 p.m., The Announcement of Meredith deCarbonnel’s Resignation from the Commission:
Peg announced Meredith deCarbonnel’s decision to resign from the Commission following their
meeting scheduled for May 19, 2011.
Meredith explained that although it has become necessary for her to leave the Commission due to family
obligations she is hopeful to regain her position with the Commission in a few years.
Peg said that it would be difficult for the Commission to fill Meredith’s position as her knowledge and
performance has been important to the Commission’s work.
Peg also said that the Commission needs to think about appointing another member from the
Commission to serve as Meredith’s replacement on the CPC.
8:55 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Meredith deCarbonnel seconded. Voted. Unanimous. 6-0-0.
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