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Conservation Commission

Thursday, May 7, 2026 · 178 min

At a glance

  • Conservation Commission accepts conservation restriction on Off Plain Street subdivision; restriction will be recorded in individual property deeds.
  • Container park at 480 Wareham Street approved, providing 12 new parking spaces and commercial opportunities for small businesses.
  • Full Moon Hike permit approved for May 18th at 5:30 PM, after previous event was fully booked within three hours.
  • Stony Brook Pond Dam project moves forward with Request for Proposals (RFP) for construction, funds available July 1st.
  • Federal endangered species act permitting is required for the Nemauscutt River project, impacting project timelines and requiring specialized handling permits.

Financials & Expenditures

  • A request to pay Middleboro Gas and Electric $13.77 for electric service at the Cedar Street pump station was approved unanimously.
  • A request to pay the Massachusetts Association of Conservation Commissions (MACC) $65 for Jerry’s registration in the Fundamentals Unit 102 class was approved unanimously.
  • A request to pay Park Corporation $712.50 for additional work on the Stony Brook Dam improvement was approved unanimously.

Zoning & Planning

  • The Notice of Intent (NOI) for Off Plain Street (23 Gibbs Road for Campa Voda), including revised plans dated May 1, 2026, was reviewed for a proposed single-family farmhouse, accessory dwelling unit (ADU), irrigation pond, and private orchard. The project is within 100 feet of a bordering vegetated wetland (BVW). The Conservation Commission approved the NOI with standard order of conditions.
    • The proposed pond will have its own recirculation system that will clean the water, and fill from the pond will be utilized in the construction of the house and ADU.
    • The engineer for the project confirmed that a potential future site for snow storage for the project is not currently shown on the plans, and that the plans are not yet finalized for the Zoning Board of Appeals (ZBA).
    • The project incorporates extensive low impact development (LID) techniques to infiltrate, collect, and manage stormwater near where it is generated.
    • The plan will include boulders and placards lining the project site, approximately 25 feet apart, to indicate the conservation restriction.
  • The continued discussion of the NOI for 480 Wareham Street was reviewed for a proposed commercial development (a container park). The project is within 100 feet of a BVW. The Conservation Commission approved the NOI with standard order of conditions.
    • The container park will be a series of storage containers assembled together and located underneath a larger pavilion-style roofed area.
    • Parking for 12 new spaces will be provided, generating 12 new parking spaces.
    • The engineer confirmed that adequate room is provided for snow storage, as the parking is oversized.
    • The project includes permeable pavement, rain gardens, infiltration trenches, and proprietary treatment units for stormwater management.
    • Public restrooms will be in the containers themselves.
  • The Conservation Commission will hold the conservation restriction (CR) for the off Plain Street subdivision.
    • The CR will be moved 100 feet away from the disturbed area, creating a buffer between the CR and the disturbed area.
    • The CR will be incorporated into the individual property deeds of each lot, ensuring that future homeowners are aware of the restrictions.
  • The Conservation Commission approved the edited minutes for the April 2, 2026, meeting.
  • The Conservation Commission approved the edited minutes for the April 16, 2026, meeting.
  • The request for a group use permit for a Full Moon Hike was approved.
    • The previous Full Moon Hike was full after three hours of being open, with 30 people on the waiting list, and occurred on a clear night.
    • The next hike is scheduled for Monday, May 18th at 5:30 PM.
  • The Conservation Commission will initiate a Request for Proposals (RFP) for the Stony Brook Pond Dam project.
    • This RFP will be posted on Commbuys (the state site) and in the Central Register.
  • The Conservation Commission held a discussion regarding potential activity in the 25-foot no-touch zone at 64 Benson Street.
    • The Conservation Commission voted to continue the hearing to the May 21st meeting.
  • The Conservation Commission approved the Notice of Intent (NOI) for 4 Captain Hall Road, with a special condition to move the existing shed outside of the 25-foot no-touch zone.

Resident Action & Public Hearings

  • The Conservation Commission will send a letter to the owner of Off Plain Street (23 Gibbs Road for Campa Voda), accepting the conservation restriction.
  • A meeting with Terra in IT is scheduled for next Tuesday afternoon to prepare the RFP for the Stony Brook Pond Dam project.
    • The RFP will be released as soon as possible, with a long bid time, including a pre-bid meeting and site visit.
  • A library program called “Plant a Seed, Read” is scheduled for July 11th from 9:00 AM to 10:30 AM.
    • Rich Paccone agreed to speak for 10-15 minutes about the farm to children aged 8-10 and their caregivers.
  • The Conservation Commission will notify the owner of 4 Captain Hall Road to remove the lobster traps that were observed.
  • The Conservation Commission will notify the owner of 839 Plymouth Street that the PVC pipe near Savery’s Pond has been removed.
  • The Conservation Commission will notify the owner of 282 Wareham Street that they need to clean everything off the property and that all work will come before the Conservation Commission for approval.

The Hidden News

  • Sarah Sterns from Beals and Thomas addressed the Conservation Commission. She offered to share her screen to provide an update on the revised plans. The plan is similar to the originally submitted plan, with notable changes based on comments from the Conservation Agent and peer review consultant, and comments from the Massachusetts Department of Environmental Protection (MassDEP). The revisions focused on wetland delineation and associated buffer zones.
    • The plan reduces the area of wetland delineation. They have included specific flag numbers for confirmation as part of the NOI and supplemental materials.
    • The project still requires approval from the Zoning Board of Appeals (ZBA), with a meeting scheduled for next week.
    • The project received unanimous approval from the Carver Planning Board and Carver Conservation Commission.
    • All comments from the peer review engineer have been addressed, and a final letter has been issued stating that the engineering comments have been addressed satisfactorily.
    • There is no significant plan changes, aside from minor tweaks and providing additional data.
  • A butter, Darlene Anastos, expressed concern that the ditch near the property at Off Plain Street has never been a stream and that a stream is further into the woods. She believes the ditch is an overflow area from her property’s pond.
    • She also clarified that the ditch seems to have been there for a long time, with mature trees in it, and was not directly connected to itself, based on a site visit.
    • She raised concerns about the survey of the property line and hoped it would be protected. The Conservation Commission noted that the property line is outside their jurisdiction, but if a survey showed changes, the plan would need to be re-evaluated..
    • The property owner states that the stream connecting to Tispaquin Pond is off the map and further away.
  • Devin Harrington, representing Mass Wildlife, addressed the Commission. He expressed concern about the size and placement of the pond relative to a sensitive resource area on site. He stated the pond could be moved further away, allowing for more distance to the 100-foot buffer.
    • The Conservation Commission confirmed that the pond area, specifically the overflow area, will be monitored to ensure it is built properly and mitigates water flow, as they want to prevent a repeat of past issues like those on Pilgrims Crossing, where retaining ponds led to ditches forming on properties.
    • He mentioned that the state changed the perk laws, and the land never perked before the change.
    • The pond area will be naturally planted with bioretention to clean the water.
  • Bob Wheeler from Lex Development, the civil engineer for 480 Wareham Street, introduced Tim Hasham, the applicant. Bob Wheeler appreciated the Conservation Commission’s positive support of the proposed container park, noting that it brings new local business and taxes to Middleborough. He confirmed the project meets all necessary requirements for stormwater management and wetlands protection.
    • Tim Hasham expressed that the goal is to provide options for small businesses, including restaurants and retail, in small, affordable spaces. He aims to make the container park a year-round, popular destination, especially for those traveling on I-495.
    • He also mentioned that the project is a “step one” and that there are plans for elevators and staircases for stacked containers.
    • He also noted that they are building the best possible project given the site’s limitations, including wetlands, and are excited about it.
  • Greg Drake from Outback Engineering, representing the applicant for Off Plain Street (23 Gibbs Road for Campa Voda), introduced himself. He confirmed that the Conservation Commission’s previous comments were addressed in the revised plans, including moving the conservation restriction line 100 feet away from the disturbed area.
    • The Conservation Commission reviewed the revised information for Off Plain Street. The plan includes a 10-foot deep pond for irrigation that will be naturally planted with a recirculation system, and fill from the pond will be used for the house and ADU. The plan ensures no stormwater leaves the property.
    • The Conservation Commission confirmed the revised plans showed boulders and placards for marking the conservation restriction, and these signs were surprisingly inexpensive.
    • The Conservation Commission confirmed that the library “Plant a Seed, Read” program will feature Rich Paccone speaking about farming at the community gardens.
  • Trisha asked if the applicant for Off Plain Street (23 Gibbs Road for Campa Voda) was done with the Zoning Board of Appeals (ZBA) process. The applicant clarified that they have not yet been before the ZBA, but are scheduled for next Thursday.
    • Trisha indicated that the revisions to the plan, including addressing MassDEP comments and peer reviewer suggestions, were satisfactory.
  • Trisha asked about snow storage for Off Plain Street (23 Gibbs Road for Campa Voda) and confirmed there is sufficient room within the parking area, which is oversized for peak demand.
  • Trisha provided updates on the Stony Brook Pond Dam project. A public archeology lab completed an intensive survey, and a report is expected in a couple of weeks. Timber mats will be used for equipment access to minimize disturbance.
    • The Conservation Commission will initiate an RFP for the Stony Brook Pond Dam project, with a long bid time, a pre-bid meeting, and a site visit planned.
    • Trisha held a meeting with Park Corporation about the Stony Brook Pond Dam project. They discussed moving the staging area and installing more timber mats. She also contacted IT to prepare the RFP, which will be posted on Commbuys and the Central Register, with funds expected by July 1st.
  • Trisha gave updates on the Pukane Farm project. Wildlife Lands Trust closed on the extra lot (Lot 1946) and transferred it to Green Smith Farm, providing access for a new farmhouse. This is considered a good outcome.
    • Trisha confirmed that the plan includes markers for the conservation restriction, with a very nice email from a gardener supporting conservation. The select board also approved the impact statement, and special condition to move the shed at 64 Benson Street.
  • Trisha provided an update on 4 Captain Hall Road. The Conservation Commission added a special condition to move the existing shed outside the 25-foot no-touch zone.
  • Trisha also gave updates on 839 Plymouth Street. The PVC pipe near Savery’s Pond was removed by the owner, who will also make it shorter and add rip-rap to filter water in the future.
  • Trisha gave updates on 282 Wareham Street. The Conservation Commission addressed a past complaint by requesting the owner to clear the property of debris and convert an existing building into a single-family residence, with plans to be submitted to the Conservation Commission.
  • Trisha gave updates regarding the Nemauscutt River project. A consultation about permitting for the endangered species act was held with the US Fish and Wildlife Service and the Natural Heritage Program. It was noted that federal species cannot be handled without a special permit.
    • There is a federal endangered species act permitting that needs to be addressed for the Nemauscutt River project, which overlaps with state permitting.
    • The state handling permits do not allow someone to handle federally listed species. Army Corps of Engineers will be the federal agency for the project.