Conservation Commission
Meeting
Sharon Community Center
May 17, 2012
Peg Arguimbau Chairman, Hank Langstroth, Keevin Geller, and Christine Turnbull were the members present. Conservation Commission Members, Stephen Cremer and Elizabeth McGrath were absent from the meeting. The Conservation Administrator, Greg Meister, was also present.
7:45 p.m. The Commission reviewed a request from Old Post Road Holdings, LLC, for an Order of Resource Area Delineation Extension regarding the proposed Sharon Commons Project under DEP File #SE-280-0487:
Technical Manager, James Hall, from Coler and Colantonio, Inc., appeared before the Commission to represent the Applicant. He presented the Commission with a copy of the initial proposed plan entitled, “Wetland Delineation Plan, Land off Old Post Rd., Sharon, MA,” along with Plan Sheet Numbers 8, 9, & 12, dated 4/19/07. James Hall explained that the existing Order of Resource Area Delineation issued by the Commission on 6/21/07 is due to expire and the Applicant is requesting a three-year extension permit for the proposed development of the north residential section of the proposed Sharon Commons project site.
This portion of the proposed project site is identified on the Town of Sharon’s Assessor’s Map 57; Lot 17, and is comprised of approximately 10.07 acres. The proposed development of the lot has been delayed due to economic conditions. James Hall said that the developer of the proposed project needs additional time to complete the site improvements and to populate the commercial/retail business areas as well as the residential sections of the proposed Sharon Commons project site.
The Conservation Administrator explained to the Commission that he has performed frequent site inspections concerning this portion of the proposed project site and has no objections to the Order of Resource Area Delineation Extension requested by the Applicant for the proposed development of Lot 17. He explained to James Hall that the Commission would not be interested in granting any relief from their rules and regulations to the Applicant concerning the development of the proposed parcel 17.
It was the consensus of the Commission to extend the existing Order of Resource Area Delineation Permit to the Applicant.
Peg called for a motion for the Commission to issue the Applicant a three-year extension permit to the existing Order of Resource Area Delineation under DEP File #SE-280-0487, per submitted plan dated 4/19/07.
The extension permit shall reference Plan Sheet Numbers 8, 9, & 12 of the initial proposed submitted plan.
Hank Langstroth moved. Keevin Geller seconded. Voted. 4-0-0. Unanimous.
8:15 p.m. The Commission reviewed a request from Moose Hill Development to amend a proposed project at 2 Michael Lane, DEP File #SE-280-0534:
Present: Ken McKenzie, Surveyor from Dunn McKenzie, Inc.
Jonathan Glanz, 13 Magnolia Road, Abutter to the Proposed Project.
Ken McKenzie submitted a revised plan to the Commission entitled, “Conservation Plan, 2 Michael Lane, Sharon, MA” dated May 8, 2012 and abutter notifications regarding the proposed revised project. He explained to the Commission that the previous potential buyer of 2 Michael Lane decided not to acquire the parcel. The new buyer of the property is requesting to revise the limit of work line that was previously approved by the Commission for the purpose of planting a vegetable garden on the parcel. The proposed revised limit of work area encroaches upon the 50’ Buffer Zone of the proposed project site. The 50’ Buffer Zone continues along the top of an existing hill of the proposed parcel. It will be necessary for the Applicant to perform some tree clearing work along the front of the existing
hill for the proposed garden installation. The new buyer of the property is requesting to remove the existing piles of debris and asphalt that were placed years ago along the front portion of the proposed parcel by Michael Lane. The foundation for the proposed new house has already been installed and backfilled.
Peg indicated that the Commission would be hesitant to allow a significantly larger limit of work area site than previously approved, due to the close proximately of the wetland resource areas of the proposed project.
Page 2 SCC 5/17/12
Peg suggested revising the limit of work area along the 338 contour line to reduce the impact to the wetland resource areas of the site and to minimize the tree clearing work for the proposed project.
Abutter, Jonathan Glanz, 13 Magnolia Road, expressed the following concerns regarding the proposed project:
- The developer of the proposed parcel has almost completely deforested the entire lot.
- The potential impact to the wetland resource areas of the proposed project site caused by the Applicant’s proposed revised project.
- Potential flooding may occur to his property as well as all abutting properties caused by the proposed project.
- Jonathan Glanz does not understand how the Applicant’s proposed revised project could be approved when previous proponents tried to acquire the parcel but were not allowed to develop the lot due to its difficult topography. He asked the Commission why an exception should be made for the Applicant’s revised project when, in his opinion, it is not necessary.
Peg explained to Jonathan Glanz that the Commission does not allow any proposed work within the first 50 feet of the buffer zone closest to the wetland line of a proposed project site. She said that the Applicant has the first 50 feet of the buffer zone protected for his proposed revised project. Peg explained that the first 50 feet of the buffer zone of any proposed lot is not necessarily wooded; it is the measurement closest to the wetland line.
Ken McKenzie offered to stake the boundaries of Jonathan Glanz’s property in response to his concern of the developer parking construction equipment on his property.
It was the consensus of the Commission for the Applicant to submit a new plan defining the new limit of work line along the 70’ Buffer Zone of the proposed project site. The Commission requested Ken McKenzie to mark the location of the proposed garden and lawn area on the new plan.
The Conservation Administrator, Greg Meister, requested that when the Applicant submits the required certified As-Built Plan he should also include a certification that there has been no more than 5,000 s.f. of cedar sod installed on the proposed project site.
Peg called for a motion to continue the hearing until June 7, 2012 at 7:45 p.m.
Hank Langstroth moved. Christine Turnbull seconded. Voted. 4-0-0. Unanimous.
8:45 p.m. N.O.I. Hearing continuance for MooseHill Development regarding the proposed grading & driveway associated with the construction of a single-family home at 57 S. Walpole St., Lot 11, DEP File #SE-280-0538:
Applicant, Ken McKenzie appeared before the Commission and reviewed an incomplete plan entitled, “MESA Easement Plan.” Last Date Revised, 5/16/12. He explained to the Commission he is still working with MESA concerning the proposed project. Amy Cohen from the NHESP notified Ken McKenzie today explaining that the NHESP is requesting 5 acres of protected upland area due to the proposed 5 acres of wetland disturbance from the proposed project. He presented the following updated information to the Commission:
- In addition to the proposed project for Lot 11, 57 South Walpole Street, the NHESP is reviewing the proposed development of lots 2-8, &10.
- The Applicant has agreed to place a deed restriction on approximately 7.53 acres to preserve the Eastern Box Turtle habitat as shown on the submitted proposed plan entitled, “Mesa Easement Plan,” last date revised, 5/16/12. (Portions of Lot #s 2-8 & 11 will include deed restrictions. Lot 1 is shown entirely as being restricted.)
- The NHESP is reviewing the Applicant’s proposed sign installation regarding the protection of a habitat area.
- The Applicant anticipates finalizing and recording the proposed plan next week as it is necessary to provide proof of recording the Declaration of Restrictions on lots 1-8 and 11 before the lots are sold.
Lot Numbers 4 and 6 are expected to be sold next week.
Peg called for a motion to continue the Notice of Intent Hearing until June 7, 2012 at 8:00 p.m.
Hank Langstroth moved. Keevin Geller seconded. Voted. 4-0-0. Unanimous.
9:00 p.m.: Approve Past Meeting Minutes:
Peg called for a motion to approve the April 26, 2012 Executive Session Meeting Minutes as amended.
Keevin Geller moved. Hank Langstroth seconded. Voted. 4-0-0. Unanimous.
Peg called for a motion to approve the April 26, 2012 regular meeting minutes as presented.
Hank Langstroth moved. Christine Turnbull seconded. Voted. 4-0-0. Unanimous.
Page 3 SCC 5/17/12 Meeting Minutes
9:15 p.m.: Proposed Violation Advisory Letter to the Selectmen:
Peg explained to the Commission that because the voters at the May 7, 2012 Annual Town Meeting did not approve Article 3, the Park Commissioners need to be aware that they may be in violation of the dog ban policy they established in 2010.
The Commission reviewed the lengthy discussion that took place at the May 7, 2012 Annual Town Meeting regarding the proposed Warrant Article 3.
Peg said that the issue is problematic because Veteran’s Memorial Park is a recreational area and is referred to as a park. She recalled that Stan Rosen, from the Board of Health, made it clear at a joint meeting held with the Conservation Commission, Lake Management Study Committee, and the Recreation Advisory Committee, on 4/26/12, that Veteran’s Memorial Park is licensed as a beach, as opposed to a park, due to the public swimming area. According to the Board of Health, no other freshwater beaches in Massachusetts allow dogs to access the beach area in-season. Peg said that it was mentioned at the Annual Town Meeting that there are some responsible pet owners that pick-up after their dogs; however, it is unfortunate that the pet owners who do not pick up after their dogs create problems. Peg explained to
the Commission that Lake Massapoag is under the jurisdiction of the Commission and it is in the Commission’s best interest to protect the Lake.
The Conservation Administrator has drafted some information contained in the Violation Advisory Letter that points out sections of the Massachusetts Wetlands Protection Act and the Town of Sharon Wetlands Protection ByLaw that addresses the presence of dog feces.
The Commission reviewed some articles such as, “Pet Waste is Toxic,"~"Doody Calls,"~"Waste Not Want Not.”
Hank Langstroth said that the Conservation Administrator and the Lake Management Study Committee have done an excellent job monitoring the Lake over the years and deserve the Commission’s support. He indicated that he was in favor of implementing a dog ban policy at Veteran’s Memorial Park.
It was the consensus of the Commission that animal access on Veteran’s Memorial Park is a public health hazard. They agreed to amend the language in the proposed Violation Advisory Letter requesting the Selectmen to have “No Animals Allowed at Anytime” signs posted at all access points to Veteran’s Memorial Park.
Keevin Geller feels that it would be reasonable for the Commission to meet with the Selectmen to explain the statutory requirements of the Commission before issuing the Violation Advisory Letter.
Christine Turnbull expressed the importance of including language in the Violation Advisory Letter to the Selectmen pertaining to action steps/deadlines for changing a dog ban policy at Veteran’s Memorial Park.
The Commission agreed that the proposed Violation Advisory Letter should include an invitation to the Selectmen to appear at the Commission’s next meeting on Thursday, June 7, 2012.
Peg called for a motion to issue the Selectmen the Violation Advisory Letter and to notify them of the need to file a Notice of Intent with the Conservation Commission for the change in policy with regard to animal access at Veteran’s Memorial Park.
Hank Langstroth moved. Christine Turnbull seconded. Voted. 4-0-0. Unanimous.
9:25 p.m. Signatures:
The Commission signed bills. Extension for the existing Order of Resource Area Delineation Permit for the proposed Sharon Commons project under DEP File #SE-280-0487.
9:30 p.m.: Adjournment:
Peg called for a motion to adjourn:
Hank Langstroth moved. Keevin Geller seconded. Voted. 4-0-0. Unanimous.
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