HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 23, 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 Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
John Kemmett, Clerk
Ron Grattan, Member
David Harris, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept revised minutes of September 25, 2007: David Harris
Second: Ron Grattan
Vote: 5-0-0
Motion to accept minutes of October 9, 2007: David Harris
Second: Ron Grattan
Vote: 5-0-0
The agent’s report has been appended to the minutes of October 23, 2007
Public Hearings
7:30 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.
Motion to continue hearing to 11/13/07 at 7:30 PM: Dave Harris
Second: Frank Schellenger
Mr. Lindquist commented that the Commission’s hydrologist, Walter Amory, had read the three supporting document/reports and didn’t find any new, relevant information in them. Mr. Amory would like to have a meeting with the Engineer from Beals & Thomas. Ms. Nehiley will arrange this meeting.
Vote: 5-0-0
7:45 PM Notice of Intent for grading and addition to an existing garage within 100 feet of a Bordering Vegetated Wetland at 86 Monponsett Street, Map 40, Lot 1 for George Horne (DEP #SE175-0537) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Because of a Commissioner’s observation that work was being conducted without a permit, Mr. Horne had to file an After-the-Fact Notice of Intent. Mr. Vacca inspected and instructed Mr. Horne to place erosion control at the edge of the lawn and to have the resource area delineated. Mr. Horne had complied with all of the requests. Since the work is outside of the 50-foot buffer zone in a previously disturbed area, Mr. Vacca recommended approval of an Order of Conditions with special conditions for a “small project”. Mr. Kemmett suggested that conservation posts are placed at 50-foot intervals to permanently demarcate the resource area which is an abandoned cranberry bog. No abutters were present.
Motion to close the hearing and approve an Order of Conditions: David Harris
Second: Ron Grattan
Vote: 5-0-0
8:00 PM Notice of Intent for a proposed addition to a single family dwelling within 200 feet of the Riverfront Area at 26 Wagon Trail, Map 113, Lot 45 for Jean Taylor represented by Merrill Associates, 427 Columbia Road, Hanover, MA (DEP #SE175-05___) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Seth Krueger of Merrill Associates made the presentation for the proposal of a 25’ x 35’ addition to the existing dwelling that is 195’ from the mean annual high-water mark of the Indian Head River and is outside of the100-foot buffer zone to a Bordering Vegetated Wetland. The proposed construction will alter approximately 46 square feet within the riparian zone. Mr. Krueger revised, initialed and dated the plan to show a catch basin with a silt sack in it and additional erosion control perpendicular to the driveway. Also, he submitted proof of notice from DEP of a identifying number which is #SE175-0539. No abutters were present.
Motion to close the hearing and approve an Order of Conditions: David Harris
Second: Ron Grattan
Vote: 5-0-0
8:15 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) - continued per request of applicant
Mr. Vacca reported that he had spoken with a representative from the Division of Fisheries and Wildlife to discuss the status of the filing. According to this representative, the information submitted by the residents regarding the Eastern Box Turtle observation is found to be valid and the area will be depicted as rare species habitat on the next revision to the map. Also, the MESA (Mass. Endangered Species Act) unit had requested a copy of the NOI and accompanying plans for review. They would like an opportunity to suggest special conditions for the project. The applicant has agreed to continue the public hearing for one more cycle and in the meantime, submit a copy of the NOI to MESA.
Motion to continue to 11/13/07 at 8:30 PM: Dave Harris
Second: John Kemmett
Vote: 5-0-0
8:20 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 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
Motion to continue to 11/13/07 at 8:35 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
Discussion
· FY09 Budget
Motion to approve and submit budget as prepared: David Harris
Second: John Kemmett
Vote: 5-0-0
· Casoli’s Sand & Gravel, Main Street
Mr. Vacca had researched an extensive file that dated from 1982-1990. Originally, the Casoli’s were allowed to fill several acres of wetlands and as mitigation, construct a replication area. Eventually, because the Order of Conditions had expired, they were allowed to file a Request for Determination of Applicability to finish the replication area. A Determination was issued in1988 that required the Casoli’s to submit reports for two growing seasons. This was never done and the business has since been sold. Recently, the ZBA gave site plan approval for a recycling facility. Mr. Vacca asked the Commission how to proceed.
Motion to direct Conservation Agent to look at the property with permission from the owners: David Harris
Second: John Kemmett
Vote: 5-0-0
Agent Reports
· Blanket Permit for 123 Phillips Street
Mr. Vacca reported that a Blanket Permit had been issued recently for excavation of a couple of test holes at the above mentioned address. Mr. Vacca had witnessed the test holes being enhanced on 10/16/07. The holes were backfilled and mulched with broken up haybales to prevent erosion.
· 314 Spring Street
The owners had contacted the agent to update him in regards to the septic repair and subsequent discovery of contamination of the soils/groundwater at the site. Clean Harbors had taken soil samples and installed three monitoring wells. Based on the test borings, preliminary findings show that it is an isolated area, and a plume was not evident. Final lab analysis on the soils and water samples are moving forward.
· 712 Monponsett Street
Mr. Vacca had a pre-construction meeting on 10/15/07 with the owner and engineer on site. The erosion control had been installed to conduct the test pits. Mr. Thompson will pull out the tires and trash currently in the wetland. Mr. Vacca noted that Asian Bittersweet is present on the property and will ask Mr. Thompson to cut out this invasive species so as to prevent it’s spread.
· MA Electric Pole Replacement
Mr. Vacca had been contacted by a representative from MA Electric regarding the Commission’s concern regarding crossing a stream to access utility poles. Mr. Vacca had requested more information from MA Electric on the location of the wetland delineation, access routes and the technology used to drill the holes. A Mr. Jeff Plante had partially responded in an e-mail in that there would be no disruption off of Birchbark Drive which will only be used as a staging area. The new poles will be lashed onto the rubber track vehicles that have augers on them. The work will cause minimal impact. If there is water in the stream, they have permission from a private landowner on West Washington Street for access so they will not to cross a resource area. Mr. Vacca recommended that they submit a
plan using GIS technology showing location of stream, poles, BVW and access routes to review at the next meeting on 11/13/07.
· Crescent Street Drainage Investigation
A complaint was received from a resident on Crescent Street that nearby construction activity outside of Conservation jurisdiction produced sediment that washed down the roadway into a catch basin in front of their property. Mr. Vacca inspected and discovered a series of easements that take stormwater through a myriad of pipes into a drainage basin in said resident’s yard. A ground drain then picks up the water which eventually makes it ‘s way across the street into Maquan Pond. Mr. Vacca put a call into the Highway Surveyor, Dick Harris, to find out where the discharge point was and who was responsible for maintenance. Since no sediment made it’s way to Maquan Pond, there are technically no conservation issues. However, Mr. Vacca wanted Mr. Harris to know if
they had an issue with that drainage easement and had to have it cleaned, that the responsible party, the developer, should be billed.
· 141 Pennsylvania Avenue
Mr. Vacca had placed a call to the owners as to the delinquency of the submission of a Request for Determination of Applicability that was due on May 31, 2007. Mr. Vacca wondered if the fine had ever been rescinded. Mr. Lindquist said that the submission of said paperwork predicated the waiver of the fine. Mr. Vacca will follow up with a letter if he doesn’t get a response.
Determinations of Applicability
Determination of Applicability to install a 12-inch watermain in Main Street (Route 27) near house 1490 and crossing Poor Meadow Brook within the existing bridge for Hanson Water Department - signed
Old Business/New Business
Duxbury Clipper/bill – signed
Agent Mileage – signed
Dave Harris & Phil Lindquist/mileage – signed
· Release from Order of Conditions for 209 Gray Lane (DEP #SE175-239)
Motion to sign release from Order of Conditions: Frank Schellenger
Second: Ron Grattan
Vote: 5-0-0
W.B. Mason/bill – signed
C & J Camera Shop/bill – signed
Adjournment
Motion to Adjourn at 8:45 PM: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
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