HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 4, 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
David Harris
Ron Grattan, Member
Absent: John Kemmett, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
November 13, 2007
Motion to pass over the minutes until the next meeting: David Harris
Second: Ron Grattan
Vote: 4-0-0
The Agent’s Report has been appended to the minutes of 12/4/07.
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 12/11/07 at 7:30 PM: David Harris
Second: Ron Grattan
Mr. Lindquist informed the Commission that Walter Amory, the Hydrology Consultant for the Commission and BlueWave Strategies had met recently (11/15/07) to discuss the proposed project. Mr. Amory is of the opinion that calculations of the runoff from the bogs is incorrect and could have an effect on dams downstream. No further information has been received since then.
Vote: 4-0-0
Mr. Harris made a motion to take a roll call vote on this and all future votes at all hearings.
Second: Ron Grattan
Vote: 3-1-0 (Frank Schellenger against)
Mr. Harris made another motion to have Phil Lindquist sign an endorsement for the Environmental Bond for Massachusetts which is used to finance the acquisition of conservation land, hazardous waste clean-ups, water quality management and protection, wetland restoration, dam removal and other environmental projects that the Commonwealth can not afford to sustain on a “pay as you go” basis.
Second: Ron Grattan
Vote: 4-0-0
Request for Extension of an Order of Resource Area Delineation (ORAD) for three years at Elm Street & Nina Drive, Map 27, Lots 3,4-6 for Ellis Construction Corp. (DEP #SE175-458)
Mr. Vacca explained to the Commission that the MA Wetlands Protection regulations and the Hanson Wetlands By-Law are silent on the issue of extending the validity of wetland delineations. Usually a wetland line is valid for three years. The Commission would have complete discretion in approving or denying an extension. Mr. Ellis, who was present at the meeting, confirmed he has not done anything with the 2 lots because of the current state of the economy. He is not planning on changing anything. Mr. Lindquist suggested that the Order is extended for three years with a clause that stipulates that if there is a question at the time of a Notice of Intent filing, the wetland line can be challenged at that time.
Motion to approve a 3-year Extension with a special clause: Ron Grattan
Second: David Harris
Vote: 3-1-0 (Frank Schellenger against)
7:45 PM Request for an Amendment to an Order of Conditions to allow a revision to the approved plan to install a retaining wall and fence within the previously approved limit of work at 99 Ransom Road, Map 63, Lot 1 for Derrick & Elizabeth Welch represented by Grady Consulting, 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. Mr. Grady made the presentation for a different proposal, the first of which was previously withdrawn on 9/25/07. He submitted a new plan revised on 10/25/07. This time, Mr. & Mrs. Welch propose to construct a retaining wall and fence to create a play area with haybales to protect the mitigation area. All work is within the existing limit of work and a previously disturbed area (lawn). Mr. Vacca recommended closing the hearing and issuing an Amended Order with all the same conditions as the original order with any new conditions the Commission might want to add.
Motion to close the hearing and approve an Amendment to the Order of Conditions per the approved plan revised 10/25/07: David Harris
Second: Ron Gratan
Vote: 4-0-0
8:00 PM PM Continued 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,
Motion to continue to 12/11/07 at 8:15 PM per request of applicant: David Harris
Second: Ron Grattan
Vote: 4-0-0
8:15 PM Request for Determination of Applicability for loaming and seeding, a crushed stone pathway, and planting beds within the buffer zone to a Bordering Vegetated Wetland at 141 Pennsylvania Ave., Map 84, Lot 2A-12A for David & Vicki Aghajanian (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mrs. Aghajanian made her proposal for a fire pit with a pathway of crushed stone using a plan prepared in part by former agent, Janine Delaney. Mr. Vacca reiterated that the original subdivision plan demonstrated that the wetlands were much further away and Mrs. Aghajanian and others in the neighborhood presumed that they were out of jurisdiction. He also commented that the fire pit is in a previously disturbed area, the lawn, and the restoration plan of the buffer zone is acceptable. Mr. Lindquist asked for comments from abutters. Those present were:
Brian Driscoll – He wondered if the Aghajanians were bringing in more fill as they have concerns with flooding in their backyard. Mr. Vacca confirmed that there are no changes in the elevations or grade.
Motion to approve and issue a Neg. 3 Determination of Applicability: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Orders of Conditions
· Denial of an Order of Conditions without Prejudice under the Hanson Wetlands Protection By-Law, Article 3-13, §5 at Lot 2, Lakeside Road, Map 88, part of Lots 7 & 8 for RHD Realty Trust, 708 White Pine Tree Road, Venice FL (DEP #SE175-0526) - signed previously
Discussions
· MEMO from Meredith Marini regarding license renewals for various business’s in town.
Merry’s memo requested comments from the Commission of business’s in Town and any outstanding issues that need to be addressed prior to the issuance of renewal licenses.
The Commission reviewed the list and had no comments. However, Mr. Grattan suggested that the pallet company on West Washington Street needs an inspection. Mr. Vacca will look into it.
· Letter from University of Massachusetts regarding the “Keystone Training” program.
Mr. Vacca summarized a letter from UMass Amherst regarding an intensive 3-day training at Harvard Forest that focuses on forest ecology and stewardship, wildlife management and land conservation. It is geared towards Chapter 61B landowners but any interested person from a community can attend this workshop. The program takes place in April.
· Crystal Spring Wellfield Wetland Hydrology Monitoring Report
Mr. Vacca also summarized a report from Neil Merritt, Superintendent of the Hanson Water Department, that detailed an annual review of the wetlands at the Crystal Spring Wellfield site using pizometers (monitoring wells). The field data sheets concluded that the ground water levels at the site were low because of the recent drought conditions and were not brought on by “draw down”.
· 100 Pennsylvania Ave. – Enforcement Update
Mr. Vacca informed the Commission that in response to a report of use of a backhoe, he had made an inspection of above-mentioned property and found the owner to be running PVC pipes from his downspouts to a field out back. The plan that the property owner was using showed that he was out of jurisdiction. However, after a visual inspection of the site, Mr. Vacca suggested that he have the wetlands delineated and possibly file for an After-the Fact permit.
Mr. Harris made a motion to reconsider a previous vote.
Second: Frank Schellenger
Vote: 4-0-0
Mr. Harris made a motion to take a roll call vote only when the vote is not unanimous.
Second: Ron Grattan
Vote: 4-0-0
Adjournment
Motion to adjourn at 8:35 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
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