HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 13, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Vice Chairman
David Harris, Member
John Kemmett, Member
Absent: Phillip R. Lindquist, Chairman
Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve revised minutes of 4/22/08: John Kemmett
Second: Dave Harris
Vote: 3-0-0
The Agent’s Report has been appended to the minutes of May 13th, 2008.
Appointment
7:30 PM Appointment with Ms. Ann Williams of 480 East Washington Street to be accompanied by Sharon LePorte of Lady Slipper Woods to seek direction from the Commission regarding a restoration plan.
Sharon LePorte submitted a proposal for the Commission to consider. Previously, a Notice of Intent had been filed for the entire project for which a Certificate of Compliance has not been issued. Ms. LePorte explained that she had delineated the wetland line and it had changed since the first filing. Mrs. Williams, who purchased the property last year, would like to remove the overgrown, invasive species along the driveway and replant a 15’ strip along the edge of the wetland with Highbush Blueberry and a conservation grass seed mix. Mr. Vacca summarized by asking the Commission to consider whether they would be altering or enhancing the area and if it was a reasonable request. The Commission was unanimous in deciding that they would be amenable to a new Notice of Intent as long as
a Certificate is issued for the previous filing.
7:45 PM Appointment with Bernie Munro of Land Planning, Inc. to discuss changes to the approved plan for the Hanson Rod & Gun Club (DEP #SE175-0509)
Mr. Munro presented a plan (rev. 5/07/08) that demonstrated 5500 sq. ft. less disturbance to the buffer zone than previously proposed. The “Proposed Pistol Range” was eliminated and they intend to begin work on the original firing range immediately upon approval of a haybale/silt fence inspection. The applicant is asking that the change be considered a “minor correction” because of a substantial reduction in impact to the adjacent wetlands.
Motion to accept a change to the plan as a “Minor Correction”: Dave Harris
Second: John Kemmett
Vote: 3-0-0
Public Hearings
7:45 PM Continued Abbreviated Notice of Resource Area Delineation to determine the accuracy of a wetland delineation at “Off Whitman Street”, Map 109, Lot 4 for Thomas J. Hastings Co., LLC represented by McKenzie Engineering Group, Inc., 150 Longwater Drive, Norwell, MA 02061 (DEP #SE175-0546)
Motion to continue to 5/27/08 at 8:15 PM per request of applicant: Dave Harris
Second: John Kemmett
Vote: 3-0-0
8:00 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)
Mr. Tony Esposito of Outback Engineering submitted a letter from the botanist, Leeann Bradley. The letter, read into the record by Rich Vacca, did not specify the date or locations of the additional soil tests and did not address the result of the transects that the Commission had requested at the last meeting. Mr. Schellenger commented that the 50-foot buffer zone might be extended towards the septic system. In addition, he asked what the applicant proposed to do with all of the debris in the 50-buffer zone and the Riverfront area. Mr. Vacca recommended that the junk and debris be removed from jurisdiction as a condition of a permit. Mr. Vacca researched the Commission’s inquiry as to whether the plan had the Board of Health’s approval. He found that it had
expired was no longer valid. The applicant needs to submit a Septic Repair Application and have it approved by the Board of Health before the work can proceed.
Motion to continue to 5/27/08 at 8:15 PM: David Harris
Second: John Kemmett
Vote: 3-0-0
8:15 PM Notice of Intent for a proposal to construct a 12’ x 13’ three-season sunroom on a new deck at 71 Stringer Lane, Map 82, Lot 3-22 for Scott Reed represented by Patio Enclosures, Inc., 500 Myles Standish Blvd., Taunton, MA 02780 (DEP #SE175-0547) (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. Jim McCormack of Patio Enclosures made a presentation for a proposal to construct a sunroom. Mr. Vacca commented that although the structure will encroach in the 50-foot no build zone, the impact will be minimal to the Functions and Characteristics of the adjacent wetland. Mr. Kemmett asked where the roof runoff will go. Mr. Reed answered that it will be tied into the existing gutter system and flow away from the wetland. Mr. Harris read the abutters list. None were present.
Motion to approve Request for Variance from the 50-foot No Build setback: David Harris
Second: John Kemmett
Vote: 3-0-0
Motion to approve and issue a small project Order of Conditions with a condition that conservation posts and signs permanently demarcate the wetlands: David Harris
Second: John Kemmett
Vote: 3-0-0
8:30 PM Request for Determination of Applicability for the construction of a 12’ x 20’ shed within 100 feet of a Bordering Vegetated Wetland at 162 Elm Street, Map 36, Lot 8D for Brian & Jean Dean (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. and Mrs. Dean had their wetlands delineated by Ms. Sharon LePorte. Mr. Vacca commented that the proposed shed will create a total of 12 sq. ft. of impact in a previously disturbed area. No abutters were present.
Motion to approve a variance to work within the 50-foot buffer zone: David Harris
Second: John Kemmett
Vote: 3-0-0
Motion to approve and issue a Neg. 3 Determination of Applicability: John Kemmett
Second: David Harris
Vote: 3-0-0
Appointments (continued)
8:45 PM Appointment with Lisa Rose of 314 Spring Street, Map 108, Lot 21 to discuss whether changes to the septic plan are to be considered a “Minor Correction” or require an Amendment to the Orders of Conditions (DEP #SE175-0533)
Mrs. Rose was not present. Mr. Vacca summed up the revision to the plan for the Commission. It consisted of relocating a pipe to an existing hook-up in the house. The change will save time and money to the applicant and there will be less activity in the buffer zone to the wetland.
Motion to accept a change in the plan (rev. 5/5/08) as a “Minor Correction”: David Harris
Second: John Kemmett
Vote: 3-0-0
Enforcement Issues
Camp Kiwanee/Maquan Pond – “Friendly” Enforcement Order (EO)
Mr. Vacca summarized the previous discussions about Maquan Pond beginning with the outlet pipe at Camp Kiwanee beach that is clogged with sand and that the residents that live around the pond have complained of water rising to dangerous levels. In order to address both concerns, Mr. Vacca recommended issuing an EO that would allow the work to commence immediately without a Notice of Intent. The requirements of the Order would include that the Town, through the Recreation Commission hire a consultant and/or contractors to install an erosion control
barrier along the fence between the beach and parking area, remove sediment from the stream bed, clean the outlet pipe to allow a minimum flow and to place boards in the control structure to
maintain a safe pond elevation. Mr. Vacca had prepared a schematic plan that was reviewed by the Commission. A long-term solution would require the services of a professional engineer to assist in preparing a plan for stormwater management. A deadline of October 1st, 2008 to hire said engineer is requisite. Mr. Dave Blauss and Mr. Joe Baker representing the Recreation Commission were in attendance. Mr. Blauss commented that there were no funds to accomplish and pay for these problems. Mr. Vacca recommended that they speak with the Town Administrator because resources are available and the process would be relatively low cost. Mr. Vacca reiterated that this remains a public health and safety situation with respect to the residents. The various organizations
within the Town are in agreement that it needs to happen in a timely manner. Mr. Schellenger wanted to acknowledge in the record that this EO does not address all of the problems at Camp Kiwanee and the Conservation Commission reserves it’s right to take enforcement action in the future to address any further concerns. Mr. Schellenger also reiterated that it would be mandatory to get the stamp of a professional engineer that would resolve issues of liability and responsibility to the Town.
Motion to approve and issue the Enforcement Order dated 5/13/08: David Harris
Second: John Kemmett
Vote: 3-0-0
61/52 Ocean Avenue
Mr. Vacca updated and informed the Commission that the septic installation has begun. The hole was filled in after being de-watered. A substantial quantity of natural material had been stockpiled onsite that is needed to raise the elevation about 6 ½ feet. Mr. Anderson has been in compliance by covering the dozen or so piles with tarp. An exception was that a small breach occurred during a rainstorm and some siltation topped over the haybales. It was of the opinion of Mr. Vacca that it would not have occurred if the silt fence had been installed as directed by the Commission. Mr. Anderson had cleaned it up with a shovel promptly.
Extension of Order of Conditions
Request for an Extension to an Order of Conditions for one year for Lakeside Road by Coleman Earner (DEP #SE175-0395)
Motion to approve a 1-year extension to expire on 5/20/09: David Harris
Second: John Kemmett
Vote: 3-0-0
Discussions
Policy for Tree Cutting on Conservation Land (attached)
Motion to approve policy for tree cutting on Conservation Land: David Harris
Second: John Kemmett
Vote: 3-0-0
Transfer Station Update
Mr. Vacca updated the Commission as to the tests pits that were approved at the last meeting. The test pits within jurisdiction were completed today. Fortunately, mostly compost was found closest in proximity to the wetland. Two other holes showed ash, glass and metal fragments to a depth of 7 ½ to 8 feet. The soil/gas analysis showed no volatile organics that would otherwise represent a significant environmental threat. Eventually, when the area is cleaned up and the material removed, it will likely be capped with a permeable cap.
Old Business/New Business
Agent/Mileage – signed
Wetlands & Wildlife/bill – signed
MapWorks/Invoice #6 – signed
Clipper Press/bill – signed
Cranberry Growers’ Association Workshop/registration fees - signed
Executive Session
9:25 PM Frank Schellenger asked for a motion to go into executive session under Massachusetts General Laws, Chapter 39, Section 23B (3) to discuss strategies with respect to pending land acquisition because a public discussion of these strategies will have a detrimental effect on the litigating position of the Town of Hanson through the Conservation Commission. A Roll Call vote was taken and each member was in favor.
At 9:39 PM, the Commission voted unanimously to come back into public session. It was announced that no votes were taken during executive session.
Adjournment
Motion to adjourn at 9:40 PM: David Harris
Second: John Kemmett
Vote: 3-0-0
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