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Norton Conservation Commission closes hearing and issues order of conditions for Wheaten Estates; sewer and wetland conditions required
Summary
After closing the public hearing for Wheaten Estates (0 Pine Street, file 250-1203), the Norton Conservation Commission voted to issue an order of conditions that requires wetland replication to be constructed and stabilized prior to further earth disturbance, a notice of intent and approved order(s) for sewer/water in Pine Street before construction begins, low-impact development options on individual lots where feasible, vernal-pool certification steps, and guardrails meeting MASH standards.
The Norton Conservation Commission voted on April 13 to issue an order of conditions for Wheaten Estates (0 Pine Street, file 250-1203) after closing the public hearing earlier in the meeting. The decision follows an updated plan set presented to the commission, which included new snow-storage and O&M notes, proposed low-impact development (LID) measures for individual lots, guardrail details for a wetland crossing, and a request to study and certify a potential vernal pool.
Commission staff and the project engineer told the commission that the applicant will need to provide a notice of intent for sewer and water utility work within Pine Street and that the subdivision cannot proceed without those utilities. Commission staff recommended and commissioners agreed to tie commencement of on-site construction to the issuance of the order(s) of conditions for the sewer/water utility work. John Thomas noted that a sewer connection proposal typically requires substantial progress before filing: "If they're going to file a notice of intent, they have to have a lot of progress toward that," he said.
The order of conditions approved by roll-call vote includes special conditions to ensure ecological protections and constructability: wetland replication areas must be constructed, planted and stabilized before additional earth disturbance; lots that will have work within 100 feet of resource areas or within riverfront buffer must file individual NOI permits where required; the project must incorporate LID features on lots where feasible; the applicant must submit proof of vernal-pool certification or documentation of submission to Natural Heritage Hub for any certifiable pool; guardrail details must meet MASH (Massachusetts) standards; and a spill kit and vehicle-containment measures are required where machinery will operate near resource areas.
Commissioners discussed deed restrictions and recordation language to ensure permanent protection for preserved open-space parcels and noted the order will require an issued, recorded order of conditions or equivalent instrument tying required conservation restrictions to the property.
Motion and vote: Lisa Rosa moved to issue the order of conditions for file 250-1203; the motion was seconded and approved by roll-call vote (motion carries as recorded in the meeting transcript). The commission will review compliance information and monitor conditions as the applicant moves into construction phases tied to the sewer/water approvals.
Next procedural steps: staff will post the issued order of conditions to the commission portal; the commission directed that construction not commence until the sewer/water order(s) of conditions have been issued and recorded.
