HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 20, 2007
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 3:15 PM under M.G.L. Chapter 131, s.40 and the Hanson By-Law 3-13, s.5. by Philip Lindquist, Chairman, in Meeting Room A on the top floor of the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
Ron Grattan, Member
John Kemmett, Clerk
David Harris, Member
Rebecca Nehiley, Administrative Assistant
Appointment
Taunton River Watershed Pilot Wetlands Mitigation Bank Project (DEP #SE175-0516)
Vandana Rao, Assistant Director for Water Policy, Executive Office of Environmental Affairs
Kenneth Collette, Deputy General Counsel, Executive Office of Environmental Affairs
Steve Barrett, Project Manager for Bluewave Strategies, LLC (applicant)
Jack Buckley, Dep. Director for the Division of Fisheries and Wildlife (owner)
This meeting was called at the request of Ms. Rao of EOEA, Project Manager to discuss two topics: Consultant fees and the Town By-law fee as it pertains to the Notice of Intent filed for the Taunton River Watershed Pilot Wetlands Mitigation Bank Project at the Burrage Pond Wildlife Management Area in Hanson by Bluewave Strategies.
Mr. Lindquist opened the meeting by stating that the Conservation Commission has required consultant fees in the past under M.G.L. Chapter 44, Section 53G, especially for large projects such as this. The fact that the required fees have not been submitted is preventing the public hearing from moving forward in a timely manner
Ms. Rao indicated that they are not averse to the Commission hiring outside consultants to review the project, however, it is unclear what the nature of the scope of services are and that she needed a better sense of the dollar amount so that she can justify the additional cost to the State.
Mr. Lindquist stated that the RFP’s with the Scope of Services and consultant proposals were given to Bluewave Strategies at the last hearing which was held on 1/9/07. The consultants had prepared a fee that would not exceed a certain price based on some of the concerns of the Commission, such as: verification of the wetland line, the existence of vernal pools and the establishment of a baseline for comparative evaluation.
The Commission requires a review of the drainage system design, including the dikes, the water levels, types of soils and the hydraulic connection to the bogs. Mr. Schellenger declared that ultimately, a consultant will be able to answer technical questions that the Commission might have during the Notice of Intent review.
Mr. Collette stated that the amount of the consultant fees are established in the Local By-law and regulations. Because the project is on State-owned land, there is a legal question as to whether it is subject to such fees. Mr. Schellenger argued that a private entity is the Applicant of record and the Commission considers it a commercial project. Mr. Lindquist had prepared a letter dated 2/20/07 to the General Counsel’s Office at EOEA to request an opinion on whether the Commission can impose reasonable fees to hire outside consultants for Wetlands Protection Act-related issues. Copies of said letter were distributed all around.
In conclusion, Mr. Lindquist suggested that Bluewave Strategies review the proposals. He thought that $20,000 would be a reasonable figure to start with. Mr. Barrett will review the proposals with EOEA and get back to the Commission.
Additionally, Mr. Lindquist said that the State Notice of Intent fees submitted for the project were not adequate. The fee was determined by the Applicant as a Category 1.d. Resource Area Improvement. The project also falls under Category 3.a. Site Preparation as the work proposed also involves buffer zone activity, stockpiling and creation of an Upland Viewing area. The amount of that fee is $1,050.00, half of which goes to the State and the other half to the Town of Hanson. Mr. Barrett was not aware that additional fees were due. Mr. Lindquist said the comments were sent to the DEP and the fee should be adjusted.
Mr. Lindquist brought up the subject of the By-Law fee, the amount of which Ms. Delaney had outlined in a memo to the Commission dated 1/9/07. Mr. Lindquist reminded Bluewave Strategies that the Notice of Intent was filed under the Hanson Wetland By-Law, Article 3-13, s.5. The Town Manager, Michael Finglas, who has been apprised of the situation, also feels that the local fees are relevant because it is a commercial project and has been filed as such with the Town. Mr. Collette reiterated that through his research and his discussion with the Attorney General’s Office that it is a State Project mandated by the Legislature and is exempt to a filing fee under the Local By-Law. He contended that this is supported by a variety of case law.
Mr. Schellenger commented that they are imposing a large project on the Town and expecting the Town to shoulder the cost of servicing the project. The Conservation Commission and Agent would be responsible for a good deal of work generated by this review and future monitoring of the project and the fee would support the additional effort put forth by the Town. In conclusion, Mr. Lindquist asked Mr. Collette to submit their decision of why they feel that the applicants are exempt from the Local By-Law Fee and their reasons therein in a letter addressed to the Commission.
Request for Certificate of Compliance
Request for Certificate of Compliance for 2 Arthur Ave., Map 2, Lot 19 for Niel King (DEP #SE175-0451)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 5-0-0
Adjournment
Motion to adjourn at 4:30 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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