Conservation Commission
Meeting
Sharon Community Center
August 16, 2012
Keevin Geller Acting Chairman, Linda Orel, Elizabeth McGrath, and Christine Turnbull were the members present. The Commission Chairman Peg Arguimbau, and Commission Members, Hank Langstroth and Stephen Cremer, were absent from the meeting. The Conservation Administrator, Greg Meister, was also present.
7:45 p.m. Notice of Intent Public Hearing filed by Green Renewable LLC c/o Bildner Capital Corp., for the
proposed grading of vacant land for the installation of arrays of solar panels for the generation of electricity
at 8 and R Commercial Street under DEP File # SE-280-0540. The Commission also reviewed an application
for a Stormwater Permit regarding the construction activities for the proposed project in accordance with the
Town’s General By-laws, Article 38:
Present: Tom Houston, Consultant from PSC; Larry Hurwitz, Jeffrey Wootan, and Peter Brown from Broadway Electrical Co.; Town Engineer, Peter O’Cain; The Attorney for the Applicant, Joel Fishman; Kim Turner, Landscape Architect; Dale Caldwell, from Skanska USA; Don Myers, Sr. Project Manager from Norwood Engineering.
Don Myers appeared before the Commission to represent the Applicant. He submitted the green abutter cards to the Commission for this hearing and for the July 19, 2012 hearing that was previously canceled. The following new plans prepared by Norwood Engineering were submitted to the Commission. The proposed revised plans
were date stamped by the Conservation Administrator, Greg Meister, at this meeting.
“Site Engineering and Erosion & Sedimentation Control Plan, Proposed Solar Facility, Lots A & 7D, 8 Commercial Street, Sharon, MA,” Sheet 1 of 2. Last Date Revised: 8/14/12.
“Proposed Solar Facility Notes & Details, Lots A & 7D, 8 Commercial Street, Sharon, MA,”
Sheet 2 of 2. Last Date Revised: 8/14/12.
“Landscape Plan, Proposed Solar Facility, Lots A & 7D, 8 Commercial Street, Sharon, MA,”
Sheet L-1. Last Date Revised: 8/14/12.
Additional Documents presented to the Commission:
Peer Review Report of the Proposed Solar Facility, 8 Commercial St., Sharon, MA. Dated 8/15/12.
Submitted by Tom Houston from PSC.
Geotechnical Engineering Report, 8 Commercial Street, Sharon, MA. Prepared for SPHOS II LP.
Prepared by Heller and Johnsen. Dated April, 2005.
August 6, 2012 letter to the Commission from Jumbo Capital Management, LLC, concerning
the Applicant’s proposed project.
August 16, 2012 Response Letter from Norwood Engineering regarding Jumbo Capital Management’s
August 6, 2012 letter to the Commission.
Stormwater Management Design for 8 Commercial Street, Sharon, MA, Book 1 of 2, Existing Conditions,
Dated 6/22/12. Prepared by Norwood Engineering.
Stormwater Management Design for 8 Commercial Street, Sharon, MA Book 2 of 2, Proposed Conditions,
Dated 6/22/12. Prepared by Norwood Engineering.
Performance Solar Operations and Maintenance by Broadway Renewable Strategies, LLC.
Don Meyers explained the following scope of the proposed project to the Commission:
The proposed project site is adjacent to I-95 and is comprised of approximately 10 + acres.
The proposed site work involves clearing vegetation and trees, grade work for the installation of solar
panels and the stormwater management basins, and the restoration of the proposed project site.
A portion of the proposed work lies within the 100’ Buffer Zone from a BVW.
Approximately 3,600 solar panels are proposed to be installed in the back portion of the proposed project
site and anchored by vertical piping into the ground. The proposed installation of two concrete pads in the
middle of the site for the switchgear and inverter to connect with the adjacent overheard electric power
grid.
The solar panels will be hidden from the abutting properties and I-95 by the existing vegetation,
shrubs and trees. The solar panel surfaces are proposed to be oriented in an east/west direction on the
proposed project site to absorb as much light as possible to maximize the generation of solar energy.
Page 2 SCC 8/16/12 Meeting Minutes
A substantial wetland resource area surrounds the Commercial Street Development area.
School Meadow Brook is present on the site and eventually flows through Walpole. The Applicant is not
proposing to alter the existing wetlands on the site concerning the proposed project.
The wetlands on the proposed project site were flagged by John Rockwood from EcoTec Inc., as outlined
on the proposed site plan.
The proposed project site is located approximately 5,000 feet from the Town of Walpole public water supply wells.
There is no potential for pollutants such as sewage or the use of or storage of chemicals contaminating the proposed development project.
No pavement or parking areas are being proposed for the Applicant’s proposed project.
The Applicant’s proposed design of the access road is for a “limited” project. The Applicant is requesting
a variance from the Commission for the proposed work associated with the access driveway from
Commercial Street into the principal area of the proposed project site. The proposed access driveway is
adjacent to a bordering vegetated wetland and an isolated wetland area. The proposed work encroaches
upon the 75’ Buffer Zone of the wetland resource area of the site. When the proposed gravel road is
installed between the isolated wetland and the BVW, it may be necessary to narrow the gravel road by
six to twelve inches to avoid any further alteration to the wetland resource areas of the site.
Vehicle traffic into the site would be infrequent, only one or two vehicles per week. Only the vehicles
used in performing periodic inspections would access the back portion of the proposed project site.
The proposed site work involves clearing approximately seven acres of vegetation and trees, stump
removal, stockpiling topsoil, grading the underlying material clearing for direct access to the solar
panels, and restoration of the proposed project site.
The proposed stormwater management system design addresses the impacts of the proposed grading and
changes to the type of ground cover of the proposed project site. The proposed stormwater management
system includes the installation of retention areas, infiltration systems, and drainage swales proposed
along the entrance area of the proposed gravel access roadway. The rates of stormwater runoff discharge
concerning the pre and post development will not be increased from the proposed project.
The proposed construction details for the proposed project include headwall thickness, soil boring
specifications, sedimentation, and driveway cross sections.
Following the proposed grade work, the proposed project site will be restored before the proposed
installation of the solar panels.
Kimberly Turner explained the following proposed Comprehensive Landscape Plan to the Commission:
Following the proposed clearing and solar panel installation, a mixture of different types of conservation
seed mixtures that have a fibrous root system to help stabilize the soil of the proposed project site will be
planted. The area around the proposed catch basins will be planted with a conservation seed mix from
New England Wetland Plants, Inc., in Amherst, MA. Along the perimeter of the proposed project site
by the woodland edge, the seed mixture will eventually grow to a nice woodland transitional edge.
A Fescue Blend seed mix that grows to maximum height of 12” is proposed to be planted beneath the
18-22 inch base of the proposed solar panels.
Jeff Wootan explained the solar panel specifications to the Commission for the proposed project.
He explained that the off-site work involves connecting three utility poles to interconnect the proposed solar panels to the grid
through an existing easement to an adjacent property.
Peter O’Cain expressed his concern with the extent of clearing involved to install the utility poles, the
run-off issue related to clearing that land, and the easement running through the adjacent property and
wetland buffer as depicted on the curved line on the proposed plan.
Jeff Wootan expressed a willingness to provide the requested information to Peter O’Cain.
Dale Caldwell from Skanska explained that the Skanska Construction Company has been hired by the
developer of the proposed project to help manage the proposed project. Skanska has been working with
the engineer and landscape designers for the proposed project. A site contractor is proposed to be hired by
Skanska to monitor the construction of the proposed project and proposes to submit monitoring reports
throughout the construction of the proposed project.
Page 3 SCC 8/16/12 Meeting Minutes
The erosion control measures will be installed prior to the construction of the proposed project.
A gravel construction road is proposed to be installed during the construction phase of the proposed project.
All parties involved with the proposed project agreed to include Peter Brown from the Broadway Electrical Co.,
with the construction phase of the proposed project to coordinate truck deliveries due to the issue of abutting driveways.
Tom Houston from PSC reviewed his Peer Review Report of the proposed solar facility with the Commission
as follows:
The impacts that are of most of concern to the Commission are those related to sedimentation and erosion
due to the earthwork on the property and the potential stormwater runoff from the site. The Applicant
re-evaluated all the recharge facilities of the proposed project site using the Rawls Rates as suggested by PSC
and increased the number of underground leaching structures due to the cut-back in permeability by using the Rawls Rates.
PSC is fundamentally satisfied that the Applicant has accurately forecasted the amount of
potential stormwater run-off flowing from the site and that the retention facilities are adequate to accommodate that runoff.
PSC was initially concerned with the proposed clearing of the site and the proposed earthwork. PSC is
satisfied that the Applicant has since agreed to contain the entire perimeter of the proposed work area with
erosion control measures to monitor the erosion controls during construction of the proposed project, and to
have a systematic approach in not clearing the entirety of the proposed project site at any one time.
With that approach to earthwork, PSC is satisfied that it would be completed in a manner which would not adversely impact
the adjacent resource areas of the proposed project site.
PSC recommended that the Applicant consider placing a Conservation Restriction on the large, connected
wetland, near the entrance to the proposed project site.
PSC is requesting that the Applicant submit a comprehensive record copy of the proposed drainage
calculations.
A final design plan for the proposed off-site interconnection work needs to be either completed by, or
approved by, NSTAR and submitted to the Commission.
Tom Houston stated, for the record, that the solar panel installation requires a building permit due to
a structural engineering issue.
Tom Houston recommended that Norwood Engineering submit an engineering drawing showing the
earthwork, extent of the proposed clearing, and the utility pole locations.
Keevin said that the Special Conditions for the proposed project would include language stating that prior to
the Applicant starting the proposed project, the proposed off-site work would be subject to approval from the
Commission before the installation of the solar panels is allowed.
Joel Fishman agreed to work on the parameters of the Conservation Restriction and the utility easement for
the electrical hookup with the Conservation Administrator, Greg Meister.
Don Myers agreed to comply with Peter O’Cain’s request for Norwood Engineering to pay for the hiring of additional
engineers as required to help with the periodic stormwater inspections of the proposed project site during construction
until the site is stabilized.
Tom Houston agreed to work with the Conservation Administrator in drafting the Order of Conditions and
Special Conditions regarding the proposed project.
Keevin called for a motion to close the hearing subject to the Commission issuing an Order of Conditions with the
Special Conditions as discussed. Elizabeth McGrath moved. Christine Turnbull seconded. Voted. Unanimous. 4-0-0.
9:15 p.m. Notice of Intent Public Hearing filed by Bay Road Woodland Trust, for the proposed construction
of a single-family dwelling and associated utilities and site work at 16 Castle Drive, Subdivision Lot 8,
DEP File #SE-280-0541:
Present: Steven Gioiosa, P.E. from Sitec, Inc.; David Wluka, Owner’s Agent; Abutter, Hal Kaplan.
NHESP File No. 12-31234: Wetlands Protection Act (WPA)
The NHESP- Division of Fisheries & Wildlife, determined that the proposed project would not adversely
affect the actual habitat of rare wildlife associated with the site.
Massachusetts Endangered Species Act (MESA)
Based on a review of the information that was provided, the NHESP determined that the proposed project
would not result in a prohibited “take” of the state-listed rare species.
Page 4 SCC 8/16/12 Meeting Minutes
Steven Gioiosa presented a proposed plan to the Commission entitled, “Subsurface Sewage Disposal System Plot Plan,”
dated 6/21/12, and the green abutter cards. He explained to the Commission that the proposed project is for the construction
of a single-family residence with associated utilities and grading within the
100’ Buffer Zone of a BVW on the proposed project site. The proposed access into the project site is located
on the west side of Castle Drive. The proposed lot is part of a subdivision that was approved back in the
1970s, Sharon Highlands. This proposal is a result of a settlement between the Town of Sharon and
Bay Road Woodland Trust. The bulk of the wetland resource areas of the proposed project are associated
with an intermittent stream located on the northeast corner of the site. The construction of the proposed
single-family house is located in the upland portion of the site with the proposed septic system installed in
the back portion of the proposed project site. The proposed installation of two, twelve inch diameter, polyethylene culvert pipes,
beneath the proposed paved driveway, to control any potential stormwater runoff from flowing into Castle Drive and the adjacent property.
The Applicant is requesting a variance from the Commission to allow proposed work within 50’ of an inland bank as depicted on the proposed plan.
The proposed work within this area includes grading to construct a stormwater conveyance swale to control
any potential stormwater runoff before discharging into the nearby stream. The proposed alteration of the BVW existing on the site
consists of 2,355 s.f. to accommodate the previous driveway construction. The proposed replication area consists of 2,785 s.f. Retaining walls
are proposed for the project to minimize some of the grading in the front of the proposed parcel. The proposed project involves terrace areas
to help make the grade transition from the house to the proposed septic system. The proposed design of the existing sloped areas of
the proposed project site is designed to maintain a 3:1maximum sloped area.
Mr. Wluka explained to the Commission that since the proposed plan was initially submitted as part of the
Notice of Intent, the Conservation Administrator expressed some concerns regarding the outer stone wall
being proposed within the 25 ft. No Touch Zone. A revised plan was designed to address the concerns of
the Conservation Administrator regarding the proposed project.
It was the consensus of the Commission to approve the Applicant’s proposed project upon receipt of the
revised plan with the following Special Conditions:
For the Applicant to notify the Conservation Administrator prior to starting the proposed work for
inspection of erosion control measures.
A wetland scientist shall directly supervise the replication work for the proposed project.
The Conservation Administrator shall be notified when the proposed replication work shall be
performed. A 75% survival rate is required of replicated plant species after two growing seasons in the
proposed replication area.
Keevin called for a motion to close the hearing upon receipt of a revised plan and to issue an Order of
Conditions to the Applicant with the conditions as discussed.
Elizabeth McGrath moved. Christine Turnbull seconded. Voted. Unanimous. 4-0-0.
9:35 p.m. Notice of Intent Public Hearing filed by Bay Road Woodland Trust, for the proposed construction
of a single-family dwelling and associated utilities and site work at 22 Castle Drive, Subdivision Lot 11,
DEP File #SE-280-0542:
Present: Steven Gioiosa, P.E. from Sitec, Inc.; David Wluka, Owner’s Agent; Abutter, Hal Kaplan, 20 Castle Dr.
NHESP File No. 12-31235
Wetlands Protection Act (WPA)
The NHESP- Division of Fisheries & Wildlife determined that the proposed project would not adversely affect the
actual Resource Area Habitat of state-protected rare wildlife species associated with the site.
Massachusetts Endangered Species Act (MESA)
Based on a review of the information that was provided, the NHESP determined that the proposed project
would not result in a prohibited “take” of the state-listed rare species.
Steven Gioiosa presented a proposed plan to the Commission entitled, “Subsurface Sewage Disposal System
Plot Plan,” 8/16/12 Last Revised Date, and the green abutter cards. This parcel is part of a subdivision that was approved
back in the 1970s, Sharon Highlands. This proposal is a result of a settlement between the Town of Sharon and Bay Road Woodland Trust.
Page 5 SCC 8/16/12 Meeting Minutes
Steven Gioiosa explained to the Commission that the proposed project is for the construction of a
single-family residence located on the upper portion of the lot with associated utilities and grading proposed within the
100’ Buffer Zone of a BVW. The proposed alteration of the BVW existing on the proposed project
is 825 s.f. to accommodate the previous constructed driveway. The proposed restoration area for the proposed project is 870 s.f.
The installation of erosion control measures are being proposed downgradient from all of the proposed work. Steven Gioiosa explained to the
Commission that the proposed lot is the last parcel in this phase of the original Castle Drive Development located on the west side of the street.
This lot is located south of the home of Abutter, Hal Kaplan. A similar restoration plan is being proposed for this project as for the
previous hearing concerning 16 Castle Drive. Alteration of the wetland resource areas of the project site is required to facilitate access from
Castle Drive into the proposed lot. The Applicant proposes to perform a little more restoration of the wetland resource areas on the project site
than what is proposed to be altered. The small triangular wetland area of the site is proposed to be altered for the construction of the proposed project.
This proposed project has a similar grading design as 16 Castle Drive. The proposed project includes terrace areas
for the retaining walls to make the transition from the upper grade down to the lower grade into the wetland resource areas of the proposed project site.
The Conservation Administrator inspected the proposed project site and indicated a concern that the proposed project was being constructed too close
to the wetland resource areas of the proposed project site. The Conservation Administrator requested the Applicant to create a greater separation.
Modifications were made to the initial plan by moving the sidewalk closer to the house, the creation of a small sloped area, and the proposed installation
of a single retaining wall to significantly move the proposed construction activity further away from the wetland resource areas of the proposed project site.
A greater buffer was created in upland area adjacent to the wetland resource areas of the proposed project site.
The proposed project involves a shorter driveway and a larger upland area than the project at 16 Castle Dr.
Abutter Hal Kaplan, 20 Castle Drive, expressed his concern of flooding occurring on his property from the construction
of the proposed project as well as any proposed blasting.
Steven Gioiosa explained that the proposed elevation of the proposed project site starts at 272 and decreases
to 270. The potential stormwater runoff from the proposed project site runs perpendicular to the contour line.
The proposed project involves the installation of a drainage swale to direct any potential stormwater runoff
flowing from the site toward the wetland resource areas of the proposed project site. The proposed project includes the installation of two,
twelve inch diameter, polyethylene culvert pipes, beneath the proposed paved driveway to convey any potential stormwater away from Castle Drive
and the adjacent property.
Steven Gioiosa and Mr. Wluka do not anticipate that it would be necessary to perform blasting to complete
the proposed project.
Keevin called for a motion to close the hearing per submitted plan and to issue the Order of Conditions to the Applicant with a list of conditions
similar to the proposed project at 16 Castle Drive.
Elizabeth McGrath moved. Christine Turnbull seconded. Voted. Unanimous. 4-0-0.
9:45 p.m. Signatures:
The Commission signed bills. Certificate of Compliance for 4 Drake Circle, DEP File # SE-280-34.
Order of Conditions for 16 Castle Drive, Subdivision Lot 8, DEP File # SE-280-0541. Order of Conditions for 22 Castle Drive, Subdivision Lot 11, DEP File #SE-280-0542.
9:50 p.m. Adjournment:
Keevin called for a motion to adjourn.
Christine Turnbull moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.
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