HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 22, 2007
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:30 PM under M.G.L. Chapter 131, s.40 and the Hanson By-Law 3-13, s.5. by Philip R. Lindquist, Chairman, in Meeting Room A on the top floor of the Town Hall
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman (arrived at 7:35 PM)
John Kemmett, Clerk
David Harris, Member
Ron Grattan, Member
Rebecca Nehiley, Administrative Assistant
Absent: 0
Minutes of May 15th – not finished
Appointments
7:45 PM Appointment with Alan Osgood to discuss the water level at Maquan Pond
Mr. Osgood did not show for his appointment. However, Don Ellis had come to the meeting at the request of Ms. Nehiley. He explained that last year and in years past, the Highway Department pull the board on the dike to release the water into the reservoir for the bogs which eventually flows into Indian Head Pond. Also, there is a culvert at Camp Kiwanee that he feels should be moved further west away from the beach. He suggested that in the meantime, Plymouth County Mosquito Control clean out the culvert to relieve some of the pressure. His feeling was that the flooding is not a major problem. Mr. Ellis suggested a meeting at Camp Kiwanee to discuss the relocation of the culvert. Ron Grattan volunteered to meet Mr. Ellis at 10 AM tomorrow morning.
Public Hearings
8:00 PM Request for Determination of Applicability for final grading, the construction of retaining walls as needed, digging of swale and stabilization of flat areas at 999 Main Street, Map 2, Lot 10 for Edward O’Donnell, 600 Union Street, Duxbury, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. O’Donnell stated that he was had finished excavating and was in the process of leveling off the backlot of the building and putting down crushed stone. A 6’ high retaining wall has been partially constructed and he is getting rid of fill on the tracks. He said that he had received site plan approval from the Zoning Board of Appeals. Ms Delaney had made a site inspection. She commented that Mr. O’Donnell’s plan showed work being conducted off-site. Also, lack of stabilization had resulted in siltation of the swale located just beyond the chain link fence running parallel with the train track. Her recommendation was that the entire Commission make a site visit. One was
scheduled for Friday, May 25th at 2:30 PM.
Motion to continue to June 12th at 9 PM: Frank Schellenger
Second: David Harris
Vote: 5-0-0
8:15 PM Continued Notice of Intent for the construction of a single family home with associated utilities, driveway, filling and grading within the buffer zone of a Bordering Vegetated Wetland at Reed Street, Map 33, Lot 14-3 for Nicole and Christopher Ebert represented by Woodward Environmental Services, 95 Spring Meadow Lane, Hanover, MA (DEP#SE175-0518)
Bill Woodward submitted a letter dated 5/21/07 requesting that the Commission reconsider it’s vote to deny the request for variance from the 50-foot no-build setback based on the credible evidence that the driveway in the buffer zone will not have a negative impact on the adjacent bordering vegetated wetland. The Commission had reviewed the opinion from Town Counsel, John J. Goldrosen, who after reviewing the history of the transaction of the property and relevant case law surmised that a Denial would not be a taking. However, he advised the Commission to use their own discretion in deciding whether to grant a variance based on the Project’s likely effects on protected wetland interests. Therefore, based on the mitigation that was proposed and the scaling back of the project, the
Commission voted to reconsider the variance.
Motion to reconsider previous denial of variance (4/24/07): David Harris
Second: Frank Schellenger
Phil Lindquist commented that the variance clause was put in for hardship cases. Whether the driveway is gravel or otherwise, there is buildable upland. He went on to say that the applicants have proposed mitigation for the disturbance to the buffer zone. Mr. Woodward then offered, on behalf of the applicants, to create a conservation restriction on the remaining undisturbed land. Mr. Ebert said that there was about 6 acres.
Vote: 4-0-1 (Ron Grattan abstaining)
Motion to approve variance from 50-foot no-build setback for construction of gravel driveway subject to receipt of a plan for a conservation restriction: David Harris
Second: Frank Schellenger
Vote: 4-0-1 (Ron Grattan abstaining)
Motion to approve and issue an Order of Conditions: David Harris
Second: Frank Schellenger
Vote: 4-0-1 (Ron Grattan abstaining)
8:30 PM Request for Determination of Applicability for the repair of the septic System at Camp Kiwanee, Map 54, Lot 9 for the Hanson Recreation Department, 542 Liberty Street, Hanson, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Terry McSweeney made the presentation for a proposed septic system upgrade at Camp Kiwanee. He explained that last summer, the pond tested positive for E-coli bacteria. Subsequently, it was discovered that the system had failed and the beach was closed. The new system consists of a tank and pump chamber that will be located on the beach next to the bathhouse and the leaching
field will be approximately 450-feet south in wooded uplands. The system will serve only the bathhouse presently, but is large enough to also eventually service 35 cabins at the camp. Mr. Lindquist asked if any abutters were present.
Kevin Keane, 636 Indian Head Street – Thought the plan was great
Motion to approve and issue a Negative 3 Determination of applicability: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:45 PM PM Continued Notice of Intent for the Taunton Watershed Pilot Wetlands Mitigation Bank which proposes to create 9.3 acres of new wetlands and enhance 16.2 acres of bog to forested wetlands at the Burrage Pond Wildlife Management Area in Hanson by BlueWave Capital, LLC, 137 Newbury Street, fl 7, Boston, MA 02116 represented by Beals & Thomas, Inc., 144 Turnpike Rd., Southborough, MA (DEP #SE175-0516) – Continued to June 12th, 2007 at 9:15 PM per request of the applicant.
Motion to continue to June 12th at 9:15 PM: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Mr. Lindquist informed the Commission that he had spoken with Vandana Rao, Asst. Senior Director for Water Policy at the Executive Office of Energy and Environmental Affairs (EOEEA).
She had indicated to him that $7,500 was approved by the State to pay for the Commission to hire a Consultant to review that which was outlined in a Scope of Services discussed at a meeting previously. The Commission discussed the applications that they had received and made a decision.
Motion to hire Diane Boretos, P.W.S. of Call of the Wild Consulting and Environmental Services to review wetlands and wildlife habitat at the Burrage Pond Wildlife Management Area in Hanson pending receipt of funding: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
Orders of Conditions/Determinations of Applicability
Orders of Conditions for the Waterfront Restoration Project that includes a handicapped ramp and trails for access to the waterfront at Camp Kiwanee, Map 54, Lot 9 for the Hanson Recreation Department (DEP #SE175-05___) - not signed as still waiting for DEP to issue a number
Determination of Applicability to conduct percolation tests on a Plan of Land Off Ferris Street, Map 007, Lot 0017 is for J & G Trust – signed
Orders of Conditions for the construction of an addition to a single family home within 100 feet of a Bordering Vegetated Wetland at 201 Maquan Street, Map 71, Lot 10 for Brenda Dennison (DEP #SE175-0522) – signed
Discussions
Bay State Gas – King Street – Phil Lindquist had walked the site and inspected. The bio-fences were in place and siltation was not occurring. All in good shape.
474 Main Street – A Mr. Joe D’Angelis had called to report that Jon Ridder had put a road in through an easement running along the length of his property. He had been aware of the 20-foot Right of Way, but thought that there were wetlands back there.
141 Pennsylvania Ave. – Ms. Nehiley reported that Mrs. Aghajanian had called again. Mr. Lindquist will call her about the agreement that the Aghajanians would file a Request for Determination of Applicability.
Holly Ridge Road – No one had time to go and inspect yet.
Conservation Agent – Mr. Lindquist reported that he and Michael Finglas had interviewed two more candidates who looked promising. Back ground checks and references are being conducted.
Adjournment
Motion to adjourn at 9:30 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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