HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 13, 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 minutes of October 23, 2007 as corrected: David Harris
Second: Ron Grattan
Vote: 5-0-0
The October 17th, 2007 minutes of the Joint Meeting of the Conservation Commission and the Open Space Committee were distributed for review to be voted on at a later meeting.
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)
Motion to continue to 12/4/07 at 7:30 PM per request of Applicant: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Enforcement Issues
141 Pennsylvania Avenue
Mr. Vacca reported that he had recently met with Mrs. Aghajanian. As a result of their conversation, Mrs. Aghajanian is now filing a Request for Determination of Applicability and working on a mitigation plan as per the April/2007 letter from the Conservation Commission. Mrs. Aghajanian questioned whether the 10-foot wide buffer strip should run the length of the entire backyard or just along the left hand side. The consensus amongst the members was that the wetland ran along the entire length, as discussed at a previous meeting. Mr. Vacca asked if the large pile of grass clippings behind their property should be removed to which the Commission replied yes. In addition, Mrs. Aghajanian has proposed flexibility as to the width of
the buffer strip and whether her neighbors would be held to the same condition. Mr. Kemmett reiterated that the width of the buffer strip had been decided at a previous meeting. Mr. Harris said that a letter is needed in regards to reporting a violation and the Commission would follow up as they did with her. Mr. Vacca informed the Commission that two sub-division plans existed, one showing a less extensive wetland line than the other. Mrs. Aghajanian alleges that that is the one that she relied on when constructing her home and backyard. Mr. Vacca surmised that either the plan was incorrect or the wetlands have changed significantly over the years. Mr. Lindquist asked if there were any minutes of the meetings where the lines reviewed. Mr. Vacca will continue to research the history
of the project and work with Mrs. Aghajanian.
Public Hearings Continued
7:45 PM Request for Determination to perform deep hole and perc tests for the proposed primary and reserve leaching areas within the 100-foot buffer zone of a Bordering Vegetated Wetland at Lot 2 Lakeside Road, Map 79, Lot 26-2 for Coleman Earner represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Wry of Land Planning made the presentation for a previously sub-divided lot, which the applicant alleges is an ”upland” bog. The proposal is to perform test holes to determine the soils and water conditions so that an appropriate septic system for a single-family house can be designed. Mr. Lindquist inquired as to their contention that the bog was upland because the BVW line on record shows it to be a wetland. Mr. Earner replied that water has to be pumped up from Oldham Pond as the bog is 12-14 feet higher in elevation. The other bogs have plenty of peat (an indication of wetlands), but this one is all gravel. Mr. Vacca described an upland bog as one that lacks the natural hydrology
necessary to support cranberry production. He thought that evidence would be presented tonight from a wetland scientist to validate the assumption that this was an upland bog. The Commission asked that Mr. Earner provide a statement from a professional evaluating the status of the bog before he proceeds to the next step of designing a septic system.
Motion to continue until 12/04/07 at 8 PM: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
8:00 PM Notice of Intent for a proposed driveway crossing of wetlands to gain access to an upland area of a lot and work within the buffer zone for the construction of the driveway and utilities at Adams Circle, Lot 2B, Map 119, Lots 122, , 5-2 for Paul Nicol represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0540) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Wry made the presentation for a proposal to build a single-family house on an existing three-acre lot, ½ of which is upland. In order to gain access to the upland, the applicant proposes to cross a wetland using a 12” reinforced pipe so as not to restrict the flow of water. In constructing the crossing, they would have to fill 1,050 feet of wetland. To mitigate this, they propose to create a replication area that is two times the size the area of disturbance. Mr. Lindquist asked for comments from abutters. Those present were:
Henry and Barbara Worthington – Mr. Worthington commented that the area was an old gravel pit. Would it be leveled out. Mr. Wry replied yes, there would be grading to the area.
David Lewek, - Inquired as to precedent with other similar lots in town. Mr. Grattan replied that one other crossing was allowed with a replication plan.
Mark Driscoll – Was very concerned with water and flooding. Already, significant flooding every spring inundates the road and the area.
Joseph and Lynne Kinch – Also contended that there was quite a bit of water.
Mr. Kemmett asked Mr. Wry for stormwater calculations. Mr. Wry said he would provide them.
At this time, Mr. Vacca’s comments were read verbatim so that the abutters were aware of the requirements being made from the applicant. These included but were not limited to: The inadequacy of the 12” pipe. Mr. Vacca commented that a 3-sided box culvert should be utilized to bridge the wetland so as to provide a migratory pathway for animals. Also, monitoring wells should be installed to determine the hydrology of the replication area. In addition, a replication plan must be submitted in accordance with the 2002 MA DEP’s Inland Replication Guidelines. In all, twelve comments were reviewed. Mr. Lewek reiterated at this time that consideration should be given to the neighbors, especially directly to the left of the driveway in regards to protection from
increased flooding.
Motion to continue to 12/11/07 at 7:45 PM pending response to the Commission’s concerns as well as the abutter’s concerns with flooding: David Harris
Second: Ron Grattan
Vote: 5-0-0
8:15 PM Notice of Intent for a proposal to construct a single family home, driveway, septic system, utilities and grading within 100 feet of a Bordering Vegetated Wetland at State Street, Lot 2A, Map 119, Lots 122, 5, 5-2 for Paul Nicol represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0538) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Wry made the presentation of a proposal for a single family house, driveway, utilities and associated grading that abuts the project at Lot 2B on Adams Circle. Some grading is proposed in the rear of the lot, a portion of which is within the 100-foot buffer zone. Mr. Lindquist informed the abutters that the Commission can allow work in the 100-foot bz as long as the adjacent wetlands are protected. Again, Mr. Vacca read his comments verbatim. He highlighted the question of why the applicant can’t reorient the house to eliminate the need to work within the buffer zone or why the size of the house can’t be reduced to get it out of jurisdiction altogether.
Motion to continue to 12/11/07 at 8:00 PM pending a revised plan and further submissions: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:30 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)
Al Vautrinot was in attendance and informed the Commission that he had no new information to submit other than the letter from Natural Heritage and Endangered Species Program (NHESP) relating to an observation of an Eastern Box Turtle that was seen by an abutter to the project(s). The letter was read into the record by Mr. Vautrinot and stated, in effect, that the proposed work will not have an adverse effect of the species population and the project may proceed. Mr. Vacca suggested that as one of the conditions of the Order, the area is swept (visual inspection) before any major component of the work is undertaken. Mr. Lindquist asked for comments from abutters. Those present were:
Scott and Suzanne Walsh – Mr. Walsh asked where the water supply was coming from. Mr. Vautrinot answered that it was municipal water coming in off of Lakeside Road and up the driveway. The Walsh’s were concerned with the proximity of the water line to the septic system. Mr. Vautrinot confirmed that it was near a potential expansion area, not the system itself. The Walsh’s also had concerns with flooding caused by tree clearing. Mr. Vacca explained that because of the steep difference in elevation to the adjacent wetland, it’s unlikely that clearing will have an impact. However, if an abutter is significantly adversely affected, they would have cause to sue the builder or Mr. Vautrinot to get it corrected. Mr. Vautrinot added that to address roof
runoff, they designed drywells into the plan.
Motion to close the hearing and issue an Order of Conditions with special conditions: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-1 (David Harris abstaining)
8:35 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)
The Commission looked at the plan for Lot 2. The letter from NHESP was mentioned in regards to the lot. It was noted that the corner of the garage was very close to the 50-foot no disturb zone. Mr. Vautrinot said that the garage is a slab and construction could be worked from the inside. Mr. Schellenger expressed concern that there was not enough room to work around the garage. Mr. Schellenger asked for the depth of the drywells. Mr. Vautrinot answered 4 feet and the downspouts are directed into them to collect rainfall. Mr. Kemmett asked if the runoff calculations had been submitted. Mr. Vautrinot answered no. Mr. Kemmett asked if the driveway would be paved. Mr. Vautrinot answered that yes, but they could pitch the driveway away from the resource area and
put in a berm on the wetland side and a stone-lined swale on
the other side. Mr. Lindquist asked that the 4-foot strip between the driveway and the 50-foot no-disturb zone be loamed and seeded. Mr. Kemmett requested that an additional conservation post be added at the corner of the deck. Mr. Kemmett questioned having drywells on only one side of the house. Mr. Vautrinot said they were related to the location of the downspouts. Mr. Kemmett again asked if runoff calculations would demonstrate that water coming off the roof would go into the drywells and stay there. Mr. Vautrinot answered yes, the drywells were large enough.
Motion to close hearing and issue an Order of Conditions: Ron Grattan
Second: Frank Schellenger
Vote: 2-2-1 (John Kemmett and Ron Grattan against, Dave Harris abstaining)
There was a question whether the project was denied as it was a tie. Mr. Vautrinot said it could be appealed to the DEP. Mr. Vacca reminded him he would have to go to Superior Court to appeal a denial under the local By-Law. Mr. Lindquist said the motion failed so the hearing is still open. Mr. Vacca said once the hearing is closed, the Commission has 21 days to render a decision.
Motion to close hearing: Frank Schellenger
Second: John Kemmett
Vote: 4-0-1 (Dave Harris abstaining)
Activities (Agent Report)
Ransom Road update – Mr. Vacca reported that Mr. Ridder had come into the office a week ago to say he had done the work around the stormwater management structure without the benefit of a pre-construction meeting. Thereafter, Mr. Vacca met with Mr. Ridder and Mr. Munro from Land Planning onsite. Mr. Vacca noticed that he had violated the orders in four places and threatened him with a $1,200 fine. However, since the work was done very well, the fines were waived. The work is partially completed. Some sediment has to come out of the wetlands and Mr. Ridder has to do his plantings.
Drought advisory – Received an e-mail from MACC that Massachusetts is experiencing drought conditions so the Commission cannot make any determinations with respect to stream flow. Mr. Vacca will update the Commission periodically on this situation.
TRWA – Recieved an e-mail fro Susan Speers regarding programs with regard to the MACC units 1-8. Ms. Speers asked Rich for comments to be included in a press release and article.
70 Puritan Lane – Mr. Vacca received a request from the applicant to adjust some of the erosion control barriers. Mr. Vacca spoke to the engineer about the septic repair project. Because it abuts conservation land, Mr. Vacca asked him to remove all his personal property from the Conservation area in return for adjusting the haybales. The owner agreed.
Complaints – Mr. Vacca conducted a building permit inspection off King St. A resident thought Mr. Vacca looked suspicious and called the police. Mr. Vacca requested purchasing medallions for the side of his truck with a Town Seal and a 3-season jacket from WearGuard that has “Conservation” on it.
Motion to approve purchase of seals and “Conservation Jacket”: John Kemmett
Second: Ron Grattan
Vote: 5-0-0
A second complaint that was received was about a Commissioner, allegedly. Mr. Horne on Monponsett Street thought that a Commissioner was out in the woods yelling at him to stop work at 7PM on a Friday night. The Town Administrator, Michael Finglas, asked Mr. Vacca if a Commissioner had done this. He also made a recommendation that a log is kept in the file about site visits. Mr. Kemmett mentioned that he knew who the person was and that it was a neighbor of Mr. Horne’s.
Open Space & Recreation Plan – Mr. Vacca informed the Commission that there will be a “kick-off” meeting on December 13, 2007 if that date works with everyone, to execute a contract with Herb Heigt of MapWorks.
10 Deer Hill Road - Mr. Lindquist received a call from Mr. Joe Mara requesting signatures on a Certificate of Compliance. Mr. Vacca explained that Mr. Mara had submitted a Request with a deficient septic as-built.. The location of the conservation posts and the drywells were not demonstrated on the plan and in addition, the lawn was not completely stabilized. Therefore, he suggested that Mr. Mara re-file in the spring if the sale of the house or refinancing is not pending.
Orders of Conditions
· Order of Conditions 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) - issued on 10/31/07
· Order of Conditions for an addition to a single family dwelling within 200 feet of the Riverfront Area at 26 Wagon Trail, Map 113, Lot 45 for Jean Taylor (DEP #SE175-0539 – issued on 10/31/07
Old Business/New Business
Duxbury Clipper/bill – signed
Amory Engineers, P.C./bill – signed
Agent’s mileage & payroll – signed
Adjournment
Motion to adjourn at 10 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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