HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 25, 2007
TOWN HALL, 542 LIBERTY STREET, HANSON, MA 02341
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 Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
John Kemmett, Clerk
David Harris, Member
Absent: Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept minutes of 9/11/07 with minor correction: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Ms. Nehiley reported that the Executive Session minutes of 9/11/07 are not completed as yet.
The agent’s report has been appended to the minutes of 9/25/07.
Discussions
· Open Space Plan
Mr. Vacca reported that the Request for Proposals had been sent out last week. The deadline for submittal is Thursday, 9/27/07.
· 88 Reed Street, Lot 14-3
Bill Woodward submitted a revised plan dated 4/3/07 with revisions made 9/25/07 denoting changes discussed at a prior meeting. Mr. Ebert also submitted a subsequent request from National Grid Electric Company to install the utility pole 55 feet from the end of the driveway within the previously approved limit of work. Mr. Vacca suggested that Mr. Ebert draw on the plan where the approximate location of the pole will be and have the Chairman initial and date the addition of that change.
Motion to approve revised plan dated 9/25/07 with minor changes: Frank Schellenger
Second: Davie Harris
Vote: 4-0-0
· 26 Wagon Trail
The Commission received a request from Merrill Associates, Inc. to waive the requirement to file a Notice of Intent because a portion of a proposed addition that is within the 200-foot outer riparian zone will disturb only approximately 46 square feet and is in a previously altered area. Mr. Vacca cautioned that if the Commission approves the request, they must be consistent and equal with respect to future decisions. He suggested that if permitted, a written, official policy should be established and published.
Motion to deny request for waiver and require a Notice of Intent filing: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
· 314 Spring Street
Mr. Vacca advised the Commission of the discovery of contaminated soils during the installation of the septic system at the above-mentioned address. The owners had notified all the proper authorities and were working within the system to find out the origination of the contamination.
· 89 Holly Ridge Drive
Mr. Vacca reported that the surety bond held in escrow in the amount of $2,500 should be released as the catch basin had been cleaned and an invoice for said work was submitted.
Motion to release monies held in escrow: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:45 PM Continued Notice of Intent for the proposed construction of a single family dwelling with associated driveway, septic system, grading and landscaping within 100 feet of a Bordering Vegetated Wetland at Lot 1, Lakeside Road, Map 88, part of Lots 7 & 8 for RHD Realty Trust, 708 White Pine Tree Road, Venice FL represented by Vautrinot Land Surveying, P.O. Box 144, Plympton, MA (DEP #SE175-0527)
Motion to continue to 10/9/07 at 8 PM: Dave Harris
Second: Frank Schellenger
Vote: 4-0-0
8:00 PM Continued Notice of Intent for the proposed construction of a single family dwelling with associated driveway, septic system, grading and landscaping within 10 feet of a Bordering Vegetated Wetland at Lot 2, Lakeside Road, Map 88, parts of Lots 7 & 8 for RHD Realty Trust, 708 White Pine Tree Road, Venice FL represented by Vautrinot Land Surveying, P.O. Box 144, Plympton, MA (DEP #SE175-0526) – continued per request of applicant to 10/9/07 at 8:30 PM
Motion to continue to 10/9/07 at 8:15 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
8:15 PM Request to Amend an Order of Conditions to re-grade an area and relocate an existing row of spruce trees at 99 Ransom Road, Map 63, Lot 1 for Derrick and Elizabeth Welch represented by Grady Consultants, LLC, 6 Grays Beach Road, Kingston, MA 02364 (DEP #SE175-0512) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Rick Grady of Grady Consulting submitted a revised plan for a proposal to construct a play area and to replant existing trees elsewhere on the property. Mr. Welch explained that he would like to move the trees back towards the fence. Mr. Lindquist reminded Mr. Welch that there is a 50-foot no disturb zone to the Bordering Vegetated Wetland (BVW). In addition, Mr. Kemmett said that the trees were planted as compensation for filling of a wetland and any further disturbance would negate the purpose of that mitigation. Mr. Vacca commented that historically, the mitigation area was re-established to create a buffer from human activity. He went on to say that the Commission and the previous owner expended a
considerable amount of time and expense to establish said area. If there was a compelling reason, such as a public health or safety issue, then the Commission had the capacity to consider further encroachment into the resource area. Mr. Welch asked why Mr. Ridder was allowed to have trucks go back and forth on the road. Mr. Vacca said he has an accepted farm plan issued by the Soil Conservation Service and agricultural uses are protected under the State Wetlands Protection Act. However, the Commission’s mission is to protect the environment, the wetlands and the 100-foot buffer zone between the wetlands and the uplands. Mr. Welch made a request to withdraw his request.
Motion to accept withdrawal of request to amend the Orders of Conditions: Dave Harris
Second: John Kemmett
Vote: 4-0-0
8:30 PM Request for Determination of Applicability to install stockade fencing, perform an exploratory boring at the leaching area, and removal of trash within the 100-foot buffer zone and the Town’s 50-foot no-disturb zone at 712 Monponsett St., Map 7, Lot 1640 for Guy Thompson, Angels View Realty Trust represented by Land Planning, Inc., 1115 Main St., Hanson, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Bernie Munro made the presentation. He confirmed that the BVW was directly adjacent to the property. The owner, Mr. Thompson, had been cleaning out accumulated trash, tires and debris from the wetland by hand. Mr. Thompson had received approval from the Zoning Board of Appeals as well. The proposal included the installation of a 6-foot high fence with a 3” separation from the ground so as not to impede movement of wildlife. Mr. Kemmett commented that a Request for Variance was needed to conduct the test pit in the 50-foot no-disturb zone. Mr. Kemmett also suggested planting shrubs to mitigate the disturbance in the buffer zone.
Motion to approve a variance to work within a previously disturbed area, but within the 50-foot no disturb zone: Frank Schellenger
Second: Dave Harris
Vote: 4-0-0
Motion to approve and issue a Neg. 3 Determination pending receipt of a revised plan depicting trees & the new fence location as well as the Variance Request: John Kemmett
Second: Frank Schellenger
Vote: 4-0-0
8:45 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)
Motion to continue to 10/23/07 at 7:30 PM per request of applicant: Frank Schellenger
Second: John Kemmett
Mr. Vacca reported that purportedly, a check was in the mail from BlueWave for further consultant review. Mr. Lindquist asked if BlueWave had submitted a revised drawing. Mr. Vacca answered no. Blue Wave had only responded to the Commission’s comment letter, not the previous consultant review letters, nor any of the other comment letters from the various agencies. Mr. Schellenger suggested that we encourage our wetland scientist, Diane Boretos, to stick to the verification of the wetland delineation.
Vote: 4-0-0
9:00 PM Continued Notice of Intent for the completion of the roadway and drainage construction within 100 feet of a Bordering Vegetated Wetland at Ransom Road, Map 54, Lot 49 & 49-1 for Jon Ridder represented by Land Planning Inc., 1115 Main St., Hanson, MA. This work was permitted under an expired Order of Conditions dated April 29, 2003 for DEP File #SE175-392. (DEP #SE175-0535)
Mr. Munro submitted additional drainage calculations and a revised plan demonstrating the easement to the stormwater management area. Mr. Vacca suggested that the calculations appear to adequately address both rate and volume concerns with respect to the swale design.
Motion to close the hearing and issue an Order of Conditions with standard conditions for a “large project”: Frank Schellenger
Second: John Kemmett
Vote: 3-0-1 (Dave Harris abstaining)
Other Discussion
Frank Schellenger had researched and found conservation land located in the Monponsett area that was not identified as such on the map. Apparently, he found that some parcels had been sold off, some was sold off and retrieved and it is now questionable whether the land still belongs to Conservation. Frank will continue to research the deeds. Mr. Harris asked how it was possible that Conservation land had been sold off. Mr. Lindquist commented that it was discovered that certain parcels voted as Conservation at Town Meeting, many times, had not been recorded and documented.
Mr. Vacca reported that he had an issue with the Water Department last week. Neil Merritt, the water superintendent had contacted Mr. Vacca to inform him that Well #3 had failed and was shut down. The pump had deteriorated and a contractor was hired to redevelop the well. A 200-
gallon oil tank was used to pump the water to remove the sediment and a sanitizer was added to treat the water. Mr. Vacca recommended a haybale enclosure for the tank. Most of the sediment was caught within the tank except for a small amount of sediment that escaped but was largely contained within the haybales. No permit was required.
Mr. Lindquist informed some members of the Commission that during the MACC conference at the State House last week, attendees were informed of a proposal of an Act to protect the natural resources of the Commonwealth. Also, legislation has been introduced to change a State Statute which limits municipalities to fines of $300 for wetland violations to an increase that allows up to $1,000 fines when deemed necessary.
9:15 PM Executive Session pending litigation
Philip Lindquist asked for a motion to go into executive session under Massachusetts General Laws Chapter 39, Section 23B (3) to discuss strategies with respect to pending litigation between
the Town of Hanson and Blue Wave Strategies, LLC., because a public discussion of these strategies will have a detrimental affect on the litigating position of the Town of Hanson through the Conservation Commission. A roll call vote was taken and each member was in favor.
At 9:30 PM, the Commission voted unanimously to come back into public session. It was announced that a vote was taken during the session.
Orders of Conditions/Certificates of Compliance
· Orders of Conditions for the construction of an addition to a single family home at 132 Reed Street, Map 33, Lot 14-1A for George & Mary McCann (DEP #SE175-0536) – signed
· Certificate of Compliance for 89 Hollyridge Drive, Map 111, Lot 115 for Roy Keene (DEP SE175-419) – signed
Old Business/New Business
MACC/bill – signed
Reimbursements for commuter rail for Phil Lindquist, Rebecca Nehiley, Richard Vacca & David Harris – signed
Adjournment
Motion to adjourn at 9:30 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
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