HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 12, 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
John Kemmett, Clerk
David Harris, Member
Ron Grattan, Member
Rebecca Nehiley, Administrative Assistant
Absent: 0
Minutes
Motion to approve minutes of May 15, 2007: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Motion to approve minutes of May 22, 2007: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Appointments
7:30 PM Appointment with members of the Hanson Housing Authority and the Historical Commission to discuss the Community Preservation Act (CPA)
Members of the Housing Authority and from the Historical Commission met to resume a dialogue about the Community Preservation Act. Mr. Lindquist initiated the discussion by explaining what it is: a law that allows cities and towns in Massachusetts to raise local property taxes to acquire and protect open space, preserve historic buildings and landscapes, and create and maintain affordable housing. It also provides significant state matching funds. He went on to explain that to be instituted, a Town Meeting vote or alternatively a petition by at least 5% of the town’s registered voters are needed to place a referendum on the ballot. Bob Sears of the Housing Authority commented that public awareness through education is key to gathering public support. Mr. Lindquist stressed
that the first step would be to establish a Committee with representatives from each group. It was agreed that two representatives from each group, one being an alternate, would be nominated to serve on the CPA Committee. Phil suggested that the names be submitted to the Conservation Commission and the Committee will be announced at the next meeting.
8:15 PM Appointment with Paul Mirabito of Ross Engineering to discuss drainage issues at the end of Bonney Hill Lane per a Certificate of Compliance Request (DEP #SE175-357) – cancelled today by Paul Mirabito as conditions have not been completed
Public Hearings
8:00 PM Request for Determination of Applicability to conduct percolation tests within 100 feet of a Bordering Vegetated Wetland at 9 Ferris Street, Map 07, Lot 3 for J & G Trust, Alan Dias, Trustee, P.O. Box 1, Monponsett, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Alan Dias made the presentation for a proposal for perc tests. The wetlands have been delineated and a filter sock was installed. Dave Harris inspected. Mr. Dias will submit a Notice of Intent for the installation of the septic system.
Motion to approve and issue a Neg. 3 Determination of Applicability: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Mr. Schellenger reminded Mr. Dias that a variance is required because the proposed work is within the 50-foot no-disturb zone. Mr. Dias agreed and requested the variance.
Motion to approve variance to conduct the perc tests within the 50-foot no disturb zone: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:30 PM Notice of Intent for a proposed single family dwelling with septic system and associated site grading at Lot 14A Deer Hill Road (Extension), Map 102, Lots 7 & 18-4 for Richard Beal, A.W. Perry, Inc. represented by Merrill Associates, Inc., 427 Columbia Road, Hanover, MA 02338 (New Hearing) (DEP #SE175-0523)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Seth Krueger of Merrill Associates made the presentation of a proposal for a single-family home. Approval was necessary and was obtained by Natural Heritage & Endangered Species Program (NHESP) of the MA Division of Fisheries and Wildlife in the form of a Conservation Management Permit with conditions because the subdivision is located within an area designated as habitat of state-protected rare wildlife species, the Wood Turtle and the Eastern Box Turtle. Under this Permit, approximately 7.9 acres (+/- 62%) of the approximately 12.7 acre property as well as 2 adjacent acres under different ownership will be protected in perpetuity as open space and State listed rare species turtle habitat. Mr.
Kemmett thought that the installation of a leaching field within a temporary disturbance area was questionable. Also, he inquired as to the maintenance of the swale. Paul Gallagher of A.W. Perry answered that the construction of the septic is temporary and the area will eventually be grassed over. The maintenance of the swale will be spelled out in a Homeowners Association Agreement which will be prepared for the next meeting.
Motion to continue to June 26th, 2007 at 8:30 PM pending Board of Health approval, an opinion from NHESP and a copy of the Homeowners Agreement: Frank Schellenger
Second: Ron Grattan
Vote: 5-0-0
8:45 PM Notice of Intent for a proposed single family dwelling with septic system and associated site grading at Lot 15 Deer Hill Road (Extension), Map 102, Lots 7 & 18-4 for Richard Beal, A.W. Perry, Inc. represented by Merrill Associates, Inc., 427 Columbia Road, Hanover, MA 02338 (New Hearing) (DEP #SE175-0524)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Seth Krueger made the presentation for a single family home located 56 feet from an isolated wetland pocket which is jurisdictional under the Town By-Law only. Again, the septic system is currently under review by the Board of Health. The temporary disturbance areas and the undisturbed open areas shall be demarcated by Conservation Posts. In accordance with the “Turtle Protection Plan”, turtle sweeps are conducted by Bob Gray of Sabatia and Steve Ivas of Ivas Environmental and are ongoing. If any turtles are encountered, they are measured, photographed and released outside of the barriers of the construction zone.
Motion to continue to June 26th at 8:45 PM pending Board of Health approval, an opinion from NHESP and a copy of the Homeowner’s Agreement: Dave Harris
Second: Frank Schellenger
Vote: 5-0-0
9:00 PM Continued 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 - continued per request of applicant to June 26, 2007 at 8:15 PM
Mr. Lindquist reported that he had met with Mr. O’Donnell at the site on Friday, June 1st. At that meeting, Mr. Lindquist indicated to Mr. O’Donnell that an engineered drawing would be required for Mr. O’Donnell’s proposed plan.
Motion to continue to June 26, 2007 at 8:15 PM: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
9:15 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 per request of applicant until June 26th at 8:00 PM
Motion to continue to June 26th, 2007 at 8:00 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
Orders of Conditions/Determinations of Applicability
Orders of Conditions for the construction of a single family home with associated utilities, driveway, filling and grading at Reed Street, Map 33, Lot 14-3 for Nicole and Christopher Ebert (DEP#SE175-0518) - Mr. Lindquist read the special conditions for the permit which related to the approval of the variance from the 50-foot no build setback, the implementation of the mitigation plan and the Conservation Restriction. After reviewing the Conservation Restriction Plan that was submitted, the consensus of the Commission was that it was not satisfactory. In addition to the Bordering Vegetated Wetland, the 50-foot buffer zone shall be included in the Plan to be demarcated by Conservation posts and markers. Also required is a narrative description of the Conservation
Restriction to be recorded at the Registry of Deeds after approval.
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 - signed
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___) - A DEP # has not been assigned. Ms. Nehiley had written a letter to and will try again to speak to Gary Makuch at DEP.
Discussions
Call of the Wild – Sign contract. Diane Boretos has a billing question. Also, is Bluewave Strategies able to flag the wetland within the next week because she now has time to review it.
Confirmation Letter from Amory Engineers, P.C. regarding authorization to proceed with review of work related to the creation of a pilot wetlands bank proposed by Bluewave Strategies.
Letter from ACOE to Bluewave Strategies in response to comment letters regarding Pilot Wetlands Bank dated March 8, 2007
Mr. Schellenger reported that he had walked the site with Diane Boretos, the Commission’s Wetland Consultant, Steve Barrett of BlueWave Strategies and others on Monday, June 11th.. Many of the wetland flags were missing, especially in Area B. It was his opinion that the purpose
of hiring a wetland scientist was futile if the area in question wasn’t delineated properly. Mr. Lindquist mentioned that the U.S. Army Corps of Engineers cannot get out to the site until July.
He is hoping for reports from the Consultants, Diane Boretos and Walter Amory for discussion at the next meeting with BlueWave Strategies. He had spoken with Steve Barrett who said that the area in question will be reflagged.
Motion to sign Consultant contracts as money has now been appropriated by the State: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Building Permit Application for Lot 6A, Valley Forge Road - signed
Jeffrey Landreville, owner, came in with a detailed plan signed by Steve Gioiosa of SITEC, Inc. of the site including the wetland line that was confirmed in an ANRAD on 6/28/05 (DEP #175-465)
Letter and pictures from concerned resident regarding Smith Nawazelski Conservation Area
Letter from Michael Finglas to National Grid regarding parking area at Smith-Nawazelski Conservation Area
The letter regarding the trash and desecration of the trails at the Smith-Nawazelski area from a concerned resident was read by the Commission. It is Town owned land and Town Administrator Michael Finglas is taking steps to see that the area is blocked off with boulders and a parking area is created. Also, Someone from East Bridgewater has volunteered to clean up the site.
Sustainable Hanson – screening of An Inconvenient Truth 6/15/07 – duly noted
NSTAR Electric – 2007 Yearly Operational Plan - reviewed
ZBA Notice of Public Hearing for site plan approval for NEXTEL Communications – duly noted
Budget – monthly ending 5/31/07 - reviewed
Old Business/New Business
Duxbury Clipper/bill – signed
Mileage – signed
MACC/bill – signed
W.B. Mason/bill – signed
Postage re-imbursement – signed
Adjournment
Motion to adjourn at 9:50 PM: David Harris
Second: Ron Grattan
Vote: 5-0-0
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