HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 28, 2007
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 3:00 PM under M.G.L. Chapter 131, s.40 and the Hanson By-Law Article 3-13, §.5. by Philip R. 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
Absent: Richard Vacca, Agent
David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Notice of Intent
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 (DEP #SE175-0526)
The purpose of this meeting was to make a decision to approve or deny an Order of Conditions for Lot 2, Lakeside Road. Mr. Lindquist confirmed he had listened to the tape of yesterday’s meeting. Mr. Lindquist said that a majority vote was necessary under the Wetlands Protection Act (WPA) and wanted to vote first on conformance of the project to the State WPA only. Mr. Lindquist was of the opinion that the State should not have to get involved if the project conformed to their standards.
Motion to approve the project under the State Wetlands Protection Act, M.G.L. Chap. 131, §40: Frank Schellenger
Second: Ron Grattan
Mr. Kemmett reiterated that he believed that the Commission has jurisdiction within the 100-foot buffer zone and because of that, they can request certain information as to whether the runoff from the house has an effect on the wetlands within reason. Mr. Kemmett contended that he needed calculations and substantiation of the impact of the runoff into the wetlands.
Mr. Lindquist reminded Mr. Kemmett that the Commission normally approves projects such as this with this level of information and contended that the effect on the adjacent wetlands were miniscule.
Mr. Kemmett said that the “Burden of Proof” was on the applicant to demonstrate that the proposed drywells were sufficient to provide enough protection to cause no adverse affect. A qualified Engineer would need to substantiate the information.
Mr. Schellenger stated that under the Hanson By-Law, with a Notice of Intent filing for a single-family resident, the calculations must be provided. Mr. Schellenger contended that the WPA was not explicit enough for a denial.
Vote: 3 - 1 (John Kemmett against)
Motion to issue an Order of Conditions under the Hanson Wetlands Protection By-Law: Frank Schellenger
Second: Ron Grattan
Mr. Schellenger cited the regulations in the By-Law at issue. They were Sec. 7.02, sub. paragraph 4 and Sec. 7.03, sub paragraph 11.
`Vote: 2 - 2 (John Kemmett and Frank Schellenger against)
Mr. Lindquist directed Ms. Nehiley to prepare a Denial of an Order of Conditions without prejudice under the Hanson Wetlands By-Law only.
Motion to adjourn at 4PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
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