HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 11, 2008
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 R. Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris, Member
John Kemmett, Member
Ron Grattan, Member (arrived at 7:35 PM)
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of 2/26/08: David Harris
Second: John Kemmett
Vote: 3-0-1 (Philip Lindquist abstained)
The Agent’s Report has been appended to the minutes of March 11th, 2008.
Appointments
· Appointment with Kenneth Crosby to discuss erosion control at 308 Maquan Street.
Mr. Lindquist read a letter from Mr. Crosby requesting a discussion with the Commission about the clean-up of his site into the record. Mr. Crosby’s house had burned down in a fire on 2/26/08. Subsequently, he had installed haybales to protect the resource area which is the pond. Mr. Grattan arrived at 7:35 PM. Mr. Crosby explained to the Commission that the remaining house has been deemed a public health and safety issue and he needs to move forward without delay. Mr. Schellenger suggested that the demolition be covered under an Enforcement Order which would expedite and condition the process, but not hold up Mr. Crosby in any way. However, any further proposal for the site would require a Notice of Intent.
Motion to issue an Enforcement Order with conditions: David Harris
Second: John Kemmett
Vote: 5-0-0
· Appointment with resident Alan Osgood to discuss the water level at Maquan Pond.
Mr. Osgood of 240 Maquan Street requested a discussion with the Commission about the rising water level of the pond and his concern that the outlet pipe at Camp Kiwanee is completely clogged with sand. He submitted pictures which had been taken last week showing the pipe and the siltation of the stream. Mr. Lindquist raised the issue of who is the responsible party. Mr. Vacca is to investigate the situation. Other Commission members offered to accompany him as a time/date was set.
Motion to continue discussion at the 3/25/08 meeting: David Harris
Second: Ron Grattan
Vote: 5-0-0
Public Hearings
7:45 PM Continued After-the-Fact Notice of Intent for the removal of a safety hazard (large puddle) from the road surface at Spring Street, Map 108 for Richard Harris, Highway Supervisor for the Hanson Highway Department (DEP #SE175-0544)
David Harris recused himself from the hearing because of a conflict of interest. Previously, the hearing had been opened and continued because of lack of quorum. Mr. Dick Harris explained that because of a heavy rain/snow storm, a 2” wide and 2” deep swale had been dug to alleviate street flooding. It was discovered after the fact that the trench was inadvertently diverted into an adjacent stream. The swale was subsequently filled in and in the Spring, a leveling course of bituminous concrete will be applied to allow the puddle to flow into the drop inlet. Mr. Vacca reiterated that the Commission’s concern was that the stream become silted and/or polluted with street runoff. Although Mr. Vacca agreed that under certain circumstances, some situations should be handled by
the Highway Department as an emergency, his recommendation is that they consider signing a Memorandum of Agreement with the Conservation Commission that allows common activities to take place with various levels of notification. More complex highway projects would require the filing of a Notice of Intent or a Request for Determination of Applicability.
Motion to close hearing and issue an After-the-Fact Order of Conditions: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-1 (David Harris abstained) *Mr. Harris agreed to work with the Commission on instituting the Memorandum of Agreement.
8:00 PM Continued Notice of Intent for a proposal to gain access to a site to perform observation holes and perc tests at 0 Independence Avenue, Map 74, Lot 12A for Roland Desrochers, Monson Savings Bank represented by SITEC, Inc., 769 Plain St., Unit C, Marshfield, MA 02050. Accessing the site requires entering the 100’ buffer zone and crossing a small portion of wetlands. (DEP #SE175-0543)
Mr. Asa Mintz of SITEC submitted a Request for Variance for work within the 50-foot buffer zone and a color-highlighted map. Mr. Vacca updated the Commission as to the scope of the project. Although approximately 500 sq. ft. of wetland will be disturbed for access to the upland, it appears that this pathway is the least environmentally adverse way in and the resulting impact will be minor in nature. Mr. Mintz added that they will be using a small excavator with rubber tracks following an existing path used for maintenance of the existing detention basin and approximately ten, 2-3” diameter trees will have to be cut. Also, the perc tests themselves will be conducted outside of the 100-foot buffer zone. Mr. Vacca reiterated that if the tests in the
upland are unsuccessful, the applicant shall be required to replace the trees cut with trees of the same species, 2 to 3” dbh (diameter at breast height) and the area shall be restored to its original configuration. Likewise, if the test pits prove successful, they will have to file a new Notice of Intent for construction of the house/septic and additionally, mitigation measures for a wetland crossing at that time . Mr. Lindquist asked for comments from abutters. Those present were:
Dan Sullivan, 153 Independence Ave. – The original sub-division plan did not show this particular lot. Also, was there any attempt to access through Lot 6 that is currently under construction. Mr. Mintz answered no, that this way was the least invasive to the wetland.
Mr. Kemmett commented that a hardship was not evident to him. Mr. Mintz alleged this was the only access to the upland. Mr. Schellenger recommended that the unusable portion of Lot 12A is put into a conservation restriction.
Motion to approve a Variance from the 50-foot No-Build Setback: David Harris
Second: John Kemmett
Vote: 5-0-0
Motion to close hearing and issue an Order of Conditions with standard Small Project Conditions: David Harris
Second: John Kemmett
Vote: 5-0-0
8:15 PM Continued Notice of Intent for a proposal to repair an existing septic system which is partially located with the 100’ buffer zone and 200’ outer riparian zone to the Shumatuscacant River at 903 West Washington Street, Map 67, Lot 9A for Daniel and Tammy Maurano represented by Outback Engineering, Inc., 165 E. Grove Street, Middleboro, MA 02346 (DEP #SE175-0542)
Motion to continue per request of applicant to 3/25/08 at 7:45 PM: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Mr. Vacca reported that Mr. Vin Flaherty, Board of Health agent will conduct a infield perc test at the bottom of the hole during the excavation of the leaching field pending an Order of Conditions from Conservation. If it doesn’t pass, the hole will be filled in and they will have to apply for an alternative system.
Enforcement Issues
· 62/51 Ocean Avenue/violation of Enforcement Order & Fine
Another series of fines were issued to Dean Anderson for $4,200 for his continued failure to install the silt fence as per order of the Commission. Presently, fines total in excess of $7,000 and will accrue at $300 per day until Mr. Anderson comes into compliance. Mr. Vacca was not aware if Mr. Anderson has appealed the fines.
· 270 Main Street/Enforcement Order & Fine
Mr. Vacca informed the Commission that as a result of non-responsiveness to a previous enforcement letter, an enforcement order and a $100 fine was issued to the owner of Indian Head Plaza for an over-flowing dumpster. Mr. DiDonna was given a deadline to clean the area of trash and debris, which is located within the 100’ buffer zone and possibly within the wetlands.
Motion to ratify issuance of Enforcement Order and fine: David Harris
Second: Ron Grattan
Vote: 5-0-0
· 201 Cross Street/Enforcement Order
The office received a phone call from Al Vautrinot to report tree cutting at Lot 1, Lakeside Road by the owner of 201 Cross Street. As a result, Mr. Vacca inspected and the homeowners admitted cutting 10 – 20 pine trees because they were to be “cut anyway”. He issued an
Enforcement Order, no fines at this time, with a condition that the owners, Mr. & Mrs. Williams submit a restoration plan and come to the next meeting.
Motion to ratify issuance of Enforcment Order: David Harris
Second: Ron Grattan
Vote: 5-0-0
Discussions
· Revising renaming of ConCom property for Town Meeting article
Mr. Vacca had prepared an article for Town Meeting regarding the re-naming of the 65+/- acre open space parcel along the Indian Head Brook corridor with access from State Street, Old Pine Drive and Puritan Drive to the Norma & Dana Billings Property as voted on at a previous meeting . However, in the interim, a new suggestion was made to revise the name change to include Susan K. Webster because she had been instrumental in convincing the Town to acquire this piece of land for conservation.
Motion to amend original motion to rename property to “Webster-Billing Conservation Area”: David Harris
Second: Frank Schellenger
Vote: 4-1-0 (Ron Grattan against)
· Request for “Minor Correction” to an Order of Conditions for Lisa Rose at 314 Spring Street, Map 108, Lot 21 (DEP #SE175-0533)
Mr. Vacca reported that the Rose family had previously come before the Commission for a septic repair. In the course of excavating, contaminated soils were discovered. After an investigation by Clean Harbor’s and the DEP, it was determined that the contamination was likely kerosene, concentrated in one area. Since, it had not migrated and the groundwater was not tainted, they made a request to remove the soils and dispose of them onsite adjacent to the septic tanks. Mr. Vacca recommended the change as a minor correction to the Order of Conditions.
Motion to approve change as a minor correction to the Order of Conditions: Frank
Schellenger
Second: David Harris
Vote: 5-0-0
· AMWS Stormwater Seminar
Mr. Vacca withdrew his request to attend this seminar as it conflicts with our meeting day.
· Community Preservation Act Ballot Question in May
Motion for the Conservation Commission to officially endorse the Community Preservation Act: John Kemmett
Second: David Harris
Vote: 5-0-0
· Open Space and Recreation Plan
Mr. Vacca reported that over 200 questionnaires had been filled out and returned to the Commission. It was over a 10% return which is considered very successful. MapWorks is currently tabulating the data and working on the Open Space Plan.
· Access Database Program
Mr. Vacca made a request to the Commission to purchase Microsoft Access to create a database that would allow us to document the locations of the irrigation and drinking water wells in town.
A senior volunteer in the office could do some of the data entry involved and the information that is obtained can be integrated into the town’s GIS system as well. Mr. Vacca also suggested that the Blanket Permitting process be revised to include a few more minor projects such as sheds, sonna tubes and wells, etc.. He will elaborate on that subject at a future meeting.
Motion to approve purchasing the license(s) to the Access Database Program: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Certificate of Compliance
· Partial Certificate of Compliance for 70 Puritan Drive, Map 113, Lot 0008-06 for Greg & Paula Hommel (DEP #SE175-0519) - signed
Old Business/New Business
MapWorks/Invoice #4 – signed
Duxbury Clipper/Invoice – signed
Mileage reimbursement – signed
Adjournment
Motion to adjourn at 9:10 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
| 
