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Conservation Meeting Minutes 03/01/12

Conservation Commission
Meeting
Sharon Community Center
March 1, 2012

Peg Arguimbau Chairman, Keevin Geller, Elizabeth McGrath, and Christine Turnbull were the members present. Conservation Commission Members, Hank Langstroth and Stephen Cremer were absent from the meeting. The Conservation Administrator, Greg Meister, was also present.

7:45 p.m. An Abbreviated Notice of Intent Hearing Continuance - Steven Benoit for grading within the 100' Buffer Zone associated with the proposed construction of a single-family house at 2 Michael Lane, DEP File # SE-280-0534:

Present: Ken McKenzie, Surveyor from Dunn McKenzie, Inc.
Ken McKenzie appeared before the Commission to represent the Applicant. He presented the green abutter cards and a proposed revised plan entitled, "Title 5 Sewage Disposal System for a proposed 3 bedroom dwelling at 2 Michael Lane, Sharon, MA," 1/26/12, Last Date Revised. He explained that modifications were made to the submitted revised plan to address the concerns of the Commission at their previous meeting held on January 19, 2012. The proposed disturbance is 975 s.f., to the buffer zones of the wetland resource areas of the proposed project site as depicted on the revised submitted plan.
Ken McKenzie explained the following scope of the Applicant’s proposed revised project to the Commission:
  • The Applicant is proposing the option of constructing the proposed bulkhead further away from the wetland resource areas of the proposed project site than previously proposed.
  • The proposed revised plan includes the installation of the proposed bulkhead at the back section of the proposed house instead of on the side, and constructing the proposed single-family house slightly forward and towards the right area of the parcel.
  • The Applicant proposes to remove a cluster of small oak trees, approximately 3-4 inches in
      diameter, various scrub bushes stockpiled from a recent storm event, and perform limited
      grading within the 50’ and 100’ Buffer Zones of the proposed project site.
  • The boundary lines of the foundation for the proposed house were staked as a point of reference to the 100’ Wetland Buffer Zone of the proposed project site.
  • The revised haybale line shown on the proposed revised plan delineates the new limit of work area.
The Commission approved the Applicant’s proposed revised plan with the condition that the Applicant notifies the Conservation Administrator prior to starting the proposed work for inspection of erosion control measures.
Peg called for a motion to close the hearing and to issue the Order of Conditions to the Applicant per proposed revised submitted plan with the condition as discussed.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.

8:00 p.m. RDA Public Hearing filed by William Brophy for the proposed razing of the existing house and rebuilding on the existing concrete slab at 59 Glendale Road:

The Applicant, William Brophy, appeared before the Commission along with an interested person,
Cynthia Harvey. The Applicant presented a proposed plan entitled, “Repair of Sanitary System, Sharon, MA, 59 Glendale Rd., Map 102 Lot 106,” dated 9/14/11. The Conservation Administrator inspected the proposed project site and approved the revised BVW wetland line delineated on 1/16/12 by the Applicant’s Botanist, Walter Hewitson. William Brophy explained to the Commission that the existing house has been vacant for more than one year now.  He explained the following scope of his proposed project to the Commission:
  • To raze the existing house and rebuild on the existing footprint and concrete slab on the existing foundation.
  • The installation of haybales along the approved limit of work area during the construction of
           the proposed project.
  • No grading is being proposed for the project.
  • To reseed the disturbed areas of the proposed site upon completion of the proposed project.
Page 2 SCC 3/1/12 Meeting Minutes
Peg inquired if any work is being proposed to the existing barn on the Applicant’s side lot.
William Brophy indicated that the existing barn is in good condition and would not be included in the proposed project.
The Commission agreed to approve the Applicant’s proposed submitted plan with the condition that the Applicant notifies the Conservation Administrator prior to the construction of the proposed project for inspection of erosion control measures.
Peg called for a motion to close the hearing and to issue a Negative Determination to the Applicant per submitted proposed plan with the condition as discussed.
Elizabeth McGrath moved. Keevin Geller seconded. Voted. Unanimous. 4-0-0.

8:15 p.m. RDA Public Hearing filed by The Jolin Corporation for the limited site work associated
with the proposed construction of single-family houses on Lots 1, 2, & 3 Deborah Sampson Street,
formerly 18 Deborah Sampson Street:

Present: Mark Iverson from Jolin Corporation, Applicant/Property Owner. Erik Iverson, Owner.
Abutter: Merilee Maeir, 8 Deborah Sampson Street.
Interested Persons: Roger Spellman, 38 Deborah Sampson Street. Clair Gebler, 6 Lothrup Way.
Mark Iverson appeared before the Commission and submitted the green abutter cards and a proposed color coded plan entitled, “Request for Determination Applicability Plan, Jolin Construction,Lots 1-3 Deborah Sampson Street, Sheets 1 & 2, Site Grading.” Dated 1/27/12.  The Commission approved the proposed delineated wetland line on May 5, 2011 under a filing submitted by a previous property owner.   On 6/1/11, the Planning Board approved a previous Form A Plan that was submitted by the previous property owner and the proposed parcel was subdivided into 3 lots. The red line on the proposed submitted plan defines the100 foot Buffer Zone of the proposed project site. The blue line on the proposed submitted plan defines the
200 foot Buffer Zone of the Riverfront Area of the proposed project site.
Mark explained the following scope of his proposed project to the Commission:
  • The proposed construction of single-family houses, septic systems, and associated grading for Lots 1, 2, & 3 Deborah Sampson Street. There is an existing drainage swale on Lot 3.
  • There are no proposed changes to the existing lot lines concerning the proposed project.
  • The proposed structures and utilities for the Applicant’s proposed project are away from the 100 foot Buffer Zone of the proposed project site.  
  • The proposed septic systems for the proposed project lies outside of the 125’ Buffer Zone as required by the regulations of the Board of Health.
  • The Applicant is requesting approximately 250 s.f. of temporary relief of the 100’ Buffer Zone on  Lot 1 for equipment access during construction of the proposed project.
  • The Applicant is requesting approximately 500 s.f. of temporary relief of the 200’ Buffer Zone of the Riverfront area on Lot 3 for the foundation installation for the proposed construction of the single-family house.
  • The Applicant is not requesting any relief on Lot 2 for the construction of his proposed project.
  • The Applicant is proposing to perform limited tree clearing work to allow for the proposed installation of the proposed septic systems and driveways for the proposed single-family houses.
  • The Applicant is proposing to place a Conservation Restriction to protect the wooded sloped area in the back portions of Lots 1, 2, & 3.
Abutter, Merilee Maeir, 8 Deborah Sampson Street, explained to the Commission that her property abuts the proposed construction of Lot 3. She expressed her concern regarding the proposed project causing potential flooding to her property.
Mark Iverson explained that the gradient areas on all of the proposed lots gradually slope towards the back of the lots, not in the direction of her property.
Peg explained to Merilee Maeir the Commission’s jurisdiction concerning the protection of the Buffer Zone areas of the Applicant’s proposed project. Peg also explained that the Planning Board’s Rules and Regulations require that a potential lot be prepared and graded in such a manner so that the development of the lot would not create a detrimental drainage impact to abutting properties.

Page 3 SCC 3/1/12 Meeting Minutes
Merilee Maeir requested to arrange a site visit for clarification of the delineated lot lines concerning the Applicant’s proposed project.
Mark Iverson offered to arrange a site visit with all interested parties to review the boundaries of the delineated lot lines concerning the proposed project.
Mark Iverson identified the proposed limit of work areas on the proposed color coded plan in
response to the request of Roger Spellman, 38 Deborah Sampson Street.  
Claire Gebler, 6 Lothrup Way, inquired as to how close the construction of the proposed project is
to Deborah Sampson Street.   
Mark Iverson said that the construction of the proposed project is approximately 65 feet from
Deborah Sampson St.
It was the consensus of the Commission to approve the proposed project with the following
conditions:
  • The Applicant shall install siltfence and erosion control wattles along the approved limit of work area on Lots 1-3 Deborah Sampson Street during construction of the proposed project.
  • The Applicant shall contact the Conservation Administrator prior to starting the proposed project for inspection of erosion control measures.
  • The Applicant shall prepare a proposed Conservation Restriction Plan with meets and bounds encumbering the back portions of Lots 1-3 Deborah Sampson Street.           
  •    The boundaries of the proposed Conservation Restriction on the proposed project site shall be delineated with iron pins and posted with boundary signs.
  • The Applicant shall provide the Town Engineer with a digital file of the proposed Conservation  Restriction Plan.
  • The Applicant shall fully execute and record the proposed Conservation Restriction  before the sale of the lots.
Peg called for a motion to close the hearing and to issue a Negative Determination to the Applicant per submitted proposed plan with the conditions as discussed.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.
8:50 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the January 19, 2012 Meeting Minutes as presented.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. 3-0-1.

8:55 p.m. Signatures:
The Commission signed an Order of Conditions for DEP File # SE-280-0534, 2 Michael Lane.
Negative Determination for 59 Glendale Road. Negative Determination for lot numbers 1, 2, & 3
Deborah Sampson Street (Formerly 18 Deborah Sampson St.)

9:00 p.m. Old/New Business:

Peg recently attended a Finance Committee with the Conservation Administrator, Greg Meister.
At the meeting, they discussed the Commission’s CPC Application for potential action at the
May 7, 2012 Annual Town Meeting to secure CPC Funds to purchase a parcel of land at
55 Richards Ave. During the meeting, the Finance Committee indicated that they would deliberate their initial vote concerning the Commission’s potential Town Meeting Warrant Article at their next Finance Committee Meeting.
Peg also mentioned to the Commission that the Finance Committee is planning to review the Conservation Commission’s proposed FY’13 Budget sometime in April.    
The Conservation Administrator, Greg Meister, explained to the Commission that he is interested in
seeking a proposal from the Horsley Witten Group to provide additional field survey work concerning the Cedar Swamp Restoration Project.
The Commission agreed to authorize the additional field work required for the Cedar Swamp Restoration Project.

9:10 p.m. Adjournment:
Peg called for a motion to adjourn.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.