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Conservation Meeting Minutes 04/26/12
Conservation Commission
Meeting
Sharon Community Center
April 26, 2012

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

7:00 p.m.: The Commission’s Joint Meeting with the Recreation Advisory Committee, Lake Management
Study Committee, and the Board of Health to review Warrant Article 3 of the May 7, 2012 Annual Town Meeting:
Presentation - Cliff Towner Chairman, Lake Management Study Committee:  
  • Six people currently serve on the Committee, including two medical doctors.
  • There has been an increase in dog activity on the Lake since 2010, probably due to new residents.
  • There was 60 inches of rainfall in the Town of Sharon during 2010-2011.
  •    There was enough water to work with in the Lake at that time so there was not too much made about the dog issue on the Lake.
  • The Conservation Commission addressed a letter to the Selectmen in 2010 requesting to re-establish the 1986 Dog Ban Policy on Lake Massapoag. Instead, the Selectmen implemented a new Dog Policy on the Lake as a result of that letter.
  • The new Dog Policy implemented by the Selectmen restricts dogs to the walkway area of the beach and for dogs to be leashed. The dogs are only allowed on the beach while the beach is not opened during the summer months. Dog owners ignore the rule to keep their dogs on the walkway area of the beach.
  • Several dog droppings have been noticed around the beach area because there is zero enforcement of
      the new Dog Policy implemented by the Selectmen. Many dog owners visit the Lake area during the
     afternoons, early evenings, and after dark.
  • The seven “No Dogs Allowed” signs that were posted around the Lake for approximately forty-years,
        have been removed.
  • The taxpayers in Sharon have spent several thousands of dollars through the years to protect the Town’s
      watershed.
  • Many residents surrounding the Lake have upgraded their septic systems since the 1980s. The nutrients
        entering the Lake water from the shoreline is not an issue.
  • The septic system at Memorial Park Beach is pumped over to the High School Treatment Plant.
  • All of the catch basins along Lake Massapoag bypass Lake Massapoag.  The swamp on Arboro Drive
        bypasses the Lake.
  • A new spillway was installed in the lagoon area of Lake Massapoag. The lagoon became the settling
        basin from the nutrients entering the streams on Capen Hill Road and area swamps.
  • The Lake Management Committee has made every effort to protect the quality of the water in the Lake.
            They have received funds from a Clean Lakes Grant. Amanda Sloan has made efforts for improving
           erosion control problems at Memorial Park Beach.
  • The groundwater flows away from the Lake during the summertime and it empties into Beaver Brook
     Valley, which is 200 feet above sea level. The Lake is 251 feet above sea level.  
  • There were eleven beach closings last year due to high bacteria levels. Pet waste contains harmful bacteria such as E. coli and fecal coliform.
  • It became obvious this year that there may not be enough water to manage the Lake and each year is getting worse.  
  • Although the Town of Sharon has received 25 inches of rainfall during the past six months the Lake Management Committee has recognized that there might be a water problem and has initiated the proposed Warrant Article 3 of the May 7, 2012 Annual Town Meeting.
  • The Finance Committee and the Board of Health have been supportive with the Lake Management Study Committee’s efforts to protect the Lake. The Conservation Commission and the Lake Management Study Committee have worked hand and hand together for the past twenty-years.
  • A three-year I.E.P. study was performed on the Lake in the 1980s. The results of the study revealed
that Lake Massapoag would not have any recreational value by the year 2000 due to advanced
eutrophication. The State stopped stocking the Lake with fish during the 1980s. The Lake was plagued
with green algae.

Page 2 SCC 4/26/12 Meeting Minutes

  • Since that time, management of the Lake went under the control of the Conservation Commission and a new management plan was implemented. Since then, people have enjoyed recreational activities such as fishing, boating, windsurfing, sailing, and swimming on Lake Massapoag.
  • Last year, the Fish and Game Department surveyed the Lake and checked the weeds. They stated that the Quabbin Reservoir is the cleanest Lake in the state and Lake Massapoag is #2.  
  • In Cliff Towner’s opinion, the Board of Selectmen has been the biggest threat to the Lake for as long as he has been involved. He requested for all parties in attendance to consider supporting the Lake Management Study Committee’s proposed Article 3 at the upcoming Town Meeting.
Some of the following comments were made by the attending parties:

Peg Arguimbau said that the Commission has voted in favor of the proposed Article 3.
Stan Rosen from the Board of Health said that the members of the Board of Health voted 4-1 in favor of the proposed Article 3.
Cliff Towner said that his Committee voted unanimously in favor of the proposed Article 3.
Linda Rosen responded to a question posed by Rich Shantz from the Recreation Advisory Committee as to whether testing has indicated a higher bacteria level in the water along Memorial Park Beach versus any other section of the Lake. He understands that many beach closings last year were due to high bacteria levels in the section of the Lake near the Salvation Army Camp. Linda explained that the Board of Health performs testing for E.coli levels twice a week.
Cliff Towner responded that the Salvation Army has since moved the leaching field for their septic system to a treatment facility at the back portion of their property. Prior to that, the effluent from their leaching field used to seep into Sucker Brook.  
Gail Bouton expressed her opinion that dogs should not be allowed along the beach area of Lake Massapoag.
She said that dogs do not belong where children are running around barefoot in the sand.
Stan Rosen explained that approximately three years ago the Commonwealth of Massachusetts required that the Boards of Health that have public bathing beaches within their jurisdiction to license those bodies of water as public bathing beaches. Although a person may take the position that it is a park, it is licensed as a beach.
Stan Rosen said that the contamination source leads to the question as to whether it is caused by geese or dogs.
He explained that not too much can be done to control the geese problem along the beach area.
Nancy Fyler from the Neponset River Watershed Association said that there needs to be a bigger picture that involves educating the community about the problems caused from dog waste because just banning dogs from the Lake might not eradicate the E.coli problem. She indicated that 17 storm drains along the east side of the Lake drain into Lake Massapoag.
Stan Rosen agreed that although he believes that there should be a community wide approach to educate
people as to why dogs should not be allowed on the beach, the first step should be voting for the proposed Article 3.
The Conservation Commission Administrator, Greg Meister explained to Nancy Fyler that there are only 12 storm drains along the east side of the Lake and they were bypassed years ago as part of the Clean Lakes Grant.
Dr. David Dietz has served on the Lake Management Study Committee for 20 years and has dealt with the dog issue off and on through the years. He explained that his Committee has concluded that there are multiple sources of the contamination. He feels that dogs happen to be a source that his Committee can attain some control over.
Stan Rosen explained that he performed a survey of state beaches and did not find one freshwater beach that allows dogs to access the beach in-season. The rules vary during the off-season.
Elizabeth McGrath feels that the most compelling argument from a Recreation Advisory perspective would be to encourage people to utilize the public beaches freely and happily. She expressed her opinion that the Recreation Advisory Committee has both an on-land and water quality concern to maintain the Lake area as a pristine recreational site, primarily for people.  
The Recreation Advisory Committee voted unanimously in support of the proposed Article 3.


Page 3 SCC 4/26/12 Meeting Minutes

7:45 p.m.: An Abbreviated Notice of Intent Public Hearing filed by Abhijit Brahmachari for the proposed addition to an existing single-family home at 592 Massapoag Ave.:

Abhijit Brahmachari appeared before the Commission and submitted the green abutter cards and a proposed Certified Plot Plan of  592 Massapoag Avenue, Sharon, MA, dated 4/17/11. He said that he is aware that the Commission has not yet received notification from the DEP. He explained to the Commission that he has contacted the DEP and they have assigned File #SE-280-0537 for his proposed project. The size of the existing lot concerning the proposed project is approximately 40,095 s.f. Mr. Brahmachari explained that he previously met with the ZBA and received the requested variances for a non-conforming lot concerning his proposed project. He also met with the Board of Health and received the necessary permitting for his proposed project. Mr. Brahmachari said that the existing 3 bedroom single-family home will remain a 3 bedroom home following the construction of his proposed project. He said that the proposed new addition will not be any closer to the wetland resource areas of the proposed project site than the existing structure. He explained the following scope of his proposed project to the Commission:
  •     The proposed project involves increasing the size of the existing footprint of the single-family home from  983 s.f.  to 1,845 s.f.
  • The proposed project includes increasing the size of the existing open lawn area of the proposed project site from 4,156 s.f. to 5, 010 s.f.
  • The grade of the proposed 3,165 s.f. impervious driveway is slightly lower than the existing driveway.
  • The proposed project involves enlarging the existing kitchen area and the construction of one new  bedroom addition above the kitchen area.
  • The proposed project includes the construction of a two-car garage with a proposed addition consisting  of a living-room area above the garage.
The Conservation Administrator inspected the proposed project site and approved the delineated wetland line.
The Commission agreed to approve the Applicant’s proposed project with the following conditions:    
  • Any excavated material from the proposed project shall be removed from the proposed project site.
  • All trucks/equipment during construction of the proposed project shall not be allowed to access the lawn area of the proposed project site.
  •   During the construction of the proposed project, the Applicant shall wrap a haybale line from theclosest point off the existing deck and follow along
  •   the side of the wetland resource area to where  the Applicant proposes to start the work for the new driveway.
  •  The Applicant for the proposed project shall contact the Conservation Administrator prior to starting  the proposed work for inspection of erosion control measures.
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 with the conditions as discussed.
Keevin Geller moved. Elizabeth McGrath seconded. Voted. 5-0-0. Unanimous.

8:00 p.m.: A Notice of Intent Public Hearing filed by MooseHill Development for the proposed grading and driveway associated with the construction of a single-family home at 57 S. Walpole St., Lot 11.:
 
Applicant, Ken McKenzie appeared before the Commission. Abutter, Carolyn Weyneth, 594 Massapoag Ave., was also present.
Ken McKenzie submitted the green abutter cards and a proposed plan entitled, “Proposed Sewage Disposal System for a 4 Bedroom Dwelling”, dated 4/9/12. The Commission is still awaiting receipt of the DEP File Number.  The size of the proposed lot is approximately 3.12 acres with a contiguous upland area containing approximately 73,744 s.f.  The Conservation Administrator inspected the proposed site and revised the proposed wetland line. Mr. McKenzie explained the following scope of the proposed project to the Commission:
  •     The proposed driveway installation lies within the 50’ Buffer Zone of the proposed project
      site. The proposed driveway will be installed close to the property line and as far away from the wetland
     resource areas of the proposed project site as possible.



Page 4 SCC 4/26/12 Meeting Minutes

  • The Applicant proposes to install either stonewalls or fencing on both sides of the proposed driveway.
  • The Applicant proposes to plant a Rain Garden that pitches toward the low point at the beginning and at
       the end of the proposed driveway. The proposed Rain Garden will be approximately 8 feet wide and
        40 feet long.  The Rain Garden is comprised of twenty-four inches of ¾” to 1 ½” of stone on the bottom,
        12” of top soil and sand/loam mix, and two-three inches of bark mulch on top.  Native Plant Species are
      proposed to be planted in the Rain Garden.
  • The proposed house is located away from the 100’ Buffer Zone of the proposed project site.
  • The proposed septic system is located outside of the 125’ Buffer Zone according to the regulations of
                                                         the Board of Health.
  • The Applicant proposes to perform some grade work in the front of the proposed lot to minimize the
                                                        gradient of the front yard area.
  • The Applicant discussed placing a Conservation Restriction on the proposed lot to prevent any further
                                                       encroachment on the same wetland resource area with another project.
        (The Conservation Administrator agreed to meet with the Applicant of the proposed project to delineate
         the boundary lines for the proposed Conservation Restriction Line along the limit of work area.)
  • Ken McKenzie explained to the Commission that a proposed water well is outlined on the submitted
      proposed plan. He explained that the water well is no longer needed for the proposed project because
     he is involved in a joint venture with the Town of Sharon concerning the proposed installation of a
      watermain pipe on South Walpole Street from the existing hydrant near pole #10 to the intersection of
        Old Post Rd.
Ken McKenzie explained to the Commission that Lot Numbers 5 and 10 have been sold.
Peg called for a motion to continue the hearing until May 17, 2012 pending receipt of the DEP File Number,
the review from the Natural Heritage & Endangered Species Program, and the submittal of a Native Plant Species Plan for the proposed Rain Garden.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. 4-0-1.

8:35 p.m. Old/New Business:

The Commission reviewed a proposed revised plan concerning a proposed project at 623 Massapoag Ave.,
DEP File # SE-280-0535. It was the consensus of the Commission to approve the proposed revised plan as presented.
Peg called for a motion to close the N.O.I. Hearing for 623 Massapoag Ave., DEP File #SE-280-0535 per submitted revised plan and to issue the Order of Conditions with the conditions discussed with the Applicant
at the Commission’s April 5, 2012 Meeting.
Hank Langstroth moved. Keevin Geller seconded. Voted. 4-0-1.

8:45 p.m. Approve Past Meeting Minutes:
Peg called for a motion to approve the April 5, 2012 Meeting Minutes as amended.
Hank Langstroth moved. Keevin Geller seconded. Voted. 4-0-1.
8:55 p.m. Signatures:

The Commission signed bills. Order of Conditions for 592 Massapoag Ave., DEP File # SE-280-0537.

9:00 p.m.  The Commission’s Amended Vote in Support of Warrant Article 3 of the May 7, 2012
Annual Town Meeting:

Elizabeth McGrath explained that based on the information provided by the Conservation Administrator,
Greg Meister, and the presentation provided at the Commission’s joint meeting with the Recreation Advisory Committee, Lake Management Study Committee, and the Board of Health concerning Article 3 of the
May 7, 2012 Annual Town Meeting, she requested that the Commission amend their previous vote concerning the Article.



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She explained that she abstained from the Commission’s previous vote on Article 3 because she didn’t think that the Article went far enough to protect Lake Massapoag. She understands that Article 3 is a good starting point to make people more aware of the need to be responsible pet owners and that the community needs to value the water quality of the Lake.
Elizabeth McGrath made a motion for the Commission to re-vote in support of Article 3 of the May 7, 2012 Annual Town Meeting. Keevin Geller seconded. Voted. 5-0-0.
Peg explained that the Commission will retain Stephen Cremer’s previous decision to abstain from the vote.

Peg called for a motion to adjourn from the meeting following the adjournment of Executive Session.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. Unanimous. 5-0-0.

9:15 p.m. Executive Session:

A Roll Call Vote was taken by the Commission to enter into Executive Session to discuss potential legal litigation.

9:50 p.m., Adjourn from Executive Session:

A Roll Call Vote was taken to adjourn from Executive Session.

10:00 p.m. Adjournment:

Peg called for a motion to adjourn from the Commission’s Regular Meeting.
Hank Langstroth moved. Keevin Geller seconded. Voted. Unanimous. 5-0-0.