HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 10, 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 Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Phillip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris, Member
John Kemmett, Member (arrived at 7:37 PM)
Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Public Hearings
7:30 PM Continued Notice of Intent for the repair of a subsurface sewage disposal system at 123 Phillips Street, Map 50, Lot 30 for Bowmar Realty Trust represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0548)
Mr. Vacca reported that per request at the last meeting, Steve Wry had submitted a revised plan with a construction sequence and a mitigation plan consisting of blueberry bushes and conservation posts. In addition, a variance request was made for disturbance within the 50-buffer zone. Mr. Vacca recommended approval provided the Commission was satisfied with the presentation.
Motion to approve a variance from the 50-foot no build setback: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Motion to approve and issue a Small Project Order of Conditions: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance for Lot 5, Deerhill Road for Joseph Mara (Local #05-01)
Mr. Vacca reported that the slopes had been stabilized, the stake for Natural Heritage was installed and he recommends approval with perpetual conditions and a reference to the deed restriction.
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger Vote: 4-0-0
Request for Certificate of Non Completion for Terminus of Greenbrier Lane (aka 0 Commons Lane), Map 108, Lot 5-24A for Commons Housing Trust (Local#04-02)
Mr. Vacca recommended that because the approved project was never started, the Commission issue a Certificate of Non Completion.
Motion to issue a Certificate of Non Completion: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Amendment to an Order of Conditions (John Kemmett arrived at 7:37 PM)
Amendment to an Order of Conditions for the repair of the parking area and the installation of a stormwater management system at 712 Monponsett Street, Map 7, Lot 1640 for Guy Thompson (DEP#SE175-0541) – signed
Minutes
Motion to approve minutes of May 13, 2008: David Harris
Second: Frank Schellenger
Vote: 3-0-2 ( Phil Lindquist and Ron Grattan abstained)
Motion to approve minutes of May 27, 2008: David Harris
Second: John Kemmett
Vote: 3-0-2 (Frank Schellenger and Ron Grattan abstained)
Blanket Permit
· 20 Equus Drive, Map 84, Lot 2A for Scott Katarivas – above ground swimming pool – duly noted
· 7 Gorwin Drive, Map 81, Lot 241 for Scott Lyall – test pits/septic repair – Mr. Vacca let the Commission know that a small revision to the plan would be forthcoming before any work commences.
Public Hearings (continued)
7:45 PM Request for Determination of Applicability for the construction of a 10’ x 20’ carport attached to an existing garage and the removal of up to 12 mature trees within 100 feet of a Bordering Vegetated Wetland at 32 Kings Landing Way, Map 72, Lot 3-6 for Todd A. Arnone (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Arnone made the presentation for a carport. He withdrew his request to cut trees within the 50-foot buffer zone. Mr. Harris read the abutters list. Those present were:
Fred DiCristofaro, 10 Kings Landing Way – was in favor of the project
Motion to close the hearing and issue a Neg. 3 Determination: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:00 PM Abbreviated Notice of Intent for the installation of a paver patio and a fieldstone wall within 100 feet of a Bordering Vegetated Wetland at 81 Main Street, Map 39, Lot 11-12B for Corey Kane (New Hearing) (DEP #SE175-0551)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Kane made presented a proposal for a 400-sq.ft patio for which he will use about 8 yards of sandy fill. He also requested to build a 4’ high fieldstone wall that will taper down into the front yard. All the work will be done by hand using no heavy machinery. Mr. Vacca, reading from the agent report, requested an erosion control detail, a planting list of native species and a Functions and Characteristics statement. No abutters were present.
Motion to continue until 6/24/08 at 8:30 PM pending submittal of additional information: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:15 PM Notice of Intent for the construction of a driveway, grading and installation of utilities within 100’ of a Bordering Vegetated Wetland at 0 Commons Lane (off Greenbrier Lane), Map 108, Lot 5-24A for Commons Housing Trust, Robert G. White & Walsh J.A. Trustees represented by Grady Consulting, LLC, 6 Grays Beach Road, Kingston, MA 02364 (New Hearing) (DEP #SE175-0549)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Kevin Grady made the presentation for a project approved under the Hanson Wetlands By-Law in 2004 but never started and completed. Because the permit had expired, a new Notice of Intent was required. Mr. Grady said the wetland was re-delineated in January of 2008 by Cassady Wetlands Consulting and had changed slightly. The driveway is located in the 50’ buffer zone with mitigation proposed consisting of conservation posts, a split rail fence and 15 nesting and roosting boxes. A variance was required as this is the only means of access to the upland on the site. Three 6” diameter pipes were proposed under the driveway to account for any water flow and to keep the soil profiles down. The driveway width was narrowed in the location of wetland flag #17 to avoid alteration of the adjacent wetland. Mr. Kemmett asked what the total buffer zone disturbance was. Ms. Nehiley found the information in the
file to be 5,210 sq.ft.. Mr. Schellenger asked if the applicant would be willing to deed over the rest of the property to a conservation restriction. In addition, Mr. Schellenger requested an alternative analysis report. Mr. Grady said he would discuss it with his client. David Harris read the abutters list. None were present.
Motion to continue to 6/24/08 at 8:45 PM: John Kemmett
Second: Ron Grattan
Vote: 5-0-0
8:30 PM Notice of Intent for a request to change an underground service to overhead service for a previously approved single family home (DEP# SE175-0495) at 30 Holmes Street, Map 75, Lot
5-1 for Anthony Kolacz represented by Kenneth Thomson, 134 Spring Street, Rockland, MA 02370 (New Hearing) (DEP #SE175-0553)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Thomson made the presentation for a project that was previously approved in 2006. Construction began last summer with the installation of the driveway and mitigation plan. The plan showed the existing conditions on the site. Because of the high cost of underground utilities, the applicant is
asking to be allowed to install utility poles. Mr. Thomson explained that there would be 8 sq. ft. of permanent impact. Mr. Kemmett commented that under the local by-law values, aesthetics are to be considered. No abutters were present.
Motion to approve variance for work within the 50-foot buffer zone: Frank Schellenger
Second: David Harris
Vote: 4-1-0 (John Kemmett against)
Motion to approve and issue an Order of Conditions pending approval of a revised plan: Frank Schellenger
Second: David Harris
Vote: 4-1-0 (John Kemmett against)
8:45 PM Notice of Intent for a request to control nuisance vegetation and mitigate with wetland species and conservation grass seed mix within the resource area at 558 East Washington Street, Map 105, Lot 9-2 for Anne Williams represented by Land Planning, Inc., 1115 Main Street, Hanson, MA 02341 (New Hearing) (DEP #SE175-0550)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Bernie Munro, on behalf of the applicant, requested approval to remove invasive species from a 15’ strip within a resource area along the driveway and to repave the driveway. Conservation posts and high-bush blueberry were offered as mitigation. The strip is to be re-seeded with a conservation grass seed mix and mowed only twice a year. In addition, the applicant requested that the wetland disturbance fee be waived.
Motion to waive the Wetland disturbance fee and instead impose a Buffer Zone Disturbance Fee: Frank Schellenger
Second: Ron Grattan
Vote: 3-2-0 (John Kemmett and Dave Harris against)
Motion to approve variance, read into the record by Frank Schellenger (attached) pending a revision to the plan to move the conservation posts to the current BVW line:
Frank Schellenger
Second: Ron Grattan
Vote: 5-0-0
Motion to close the hearing and issue an Order of Conditions: Frank Schellenger
Second: Ron Grattan
Vote: 5-0-0
9:00 PM Notice of Intent for a proposal to upgrade a septic system and to restore a disturbed shoreline to West Monponsett Pond at 71 Ocean Avenue, Map 2, Lot 1504 for Charles & Julie Montgomery represented by John W. Delano & Associates, Inc., 220 Hudson Street, Halifax, MA 02338 (New Hearing) (DEP #SE175-0552)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. John Delano gave a proposal for a tight-tank upgrade to a conventional “alternative” system. The Board of
Health approved the system subject to DEP approval of variances. Erosion control was proposed all around the site and shall remain until a Certificate of Compliance is issued. Soil removed for the septic installation will be used for the shoreline restoration. A turbidity curtain to control erosion into the pond as well as bio-logs planted with wetland species at the ponds
edge are proposed. Periodic inspections of the plantings will ensure germination as they should
offer protection of the shoreline from wave action in the summer and ice in the winter. Mr. Vacca’s comments had been addressed. Dave Harris read the abutters list. Those present were:
Audrey and Allen Hayward: No comment
Mr. Schellenger asked if West Monponsett Pond was an Outstanding Resource water supply. Mr. Delano said that he had questioned DEP a number of times and it is purportedly classified as a tributary to a water supply.
Motion to continue to 7/8/08 at 7:45 PM: David Harris
Second: Ron Grattan
Vote: 5-0-0
9:15 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)
Al Loomis of McKenzie Engineering Group reported that their wetland scientist, John Richardson had met the Commission’s consultant, Michelle Grenier onsite on 6/2/08 to investigate the stream classification and a flagged area of dispute. As a result of this meeting, Ms. Grenier sent a letter dated 6/5/08 to the Commission to change her opinion that although the stream was shown as perennial on the USGS map, upon closer observation, she agreed that the stream stats
correlate with the McKenzie report that finds the stream to be intermittent. Mr. Loomis presented the Commission with a copy of the stream stats and watershed study. In addition, Mr. Richardson and Ms. Grenier performed transects in the area northeast of wetland flag 118 where they found 75% of the vegetation to be upland species.
Motion to approve and accept the Consultant’s report and issue an Order of Resource Area Delineation: David Harris
Second: Ron Grattan
Vote: 5-0-0
George and Bette Badgio, 770 Whitman Street were present and the meeting. Mr.Badgio stated that he believes the water flows 10-11 months out of the year. Mr. Loomis explained
that they observed five days of no-flow last August proving that the stream was intermittent under the Wetlands Protection Act Regulations.
9:30 PM Continued Notice of Intent for the construction of a new septic system with associated grading and landscaping at 91 Ocean Avenue and Ocean Avenue, Map 2, Lots 1559 & 1522 for Audrey and Allen Hayward represented by South Shore Survey Consultants, Inc., 167R Summer Street, Kingston, MA 02364 (DEP #SE175-05___)
Motion to continue per request of applicant to 6/24/08 at 8 PM: David Harris
Second: Ron Grattan
Vote: 5-0-0
Discussions
· Community Preservation Committee
Mr. Vacca reported that the Selectmen’s Office had requested that the Commission nominate a member to the Community Preservation Committee before the deadline of June 27, 2008.
Motion to nominate John Kemmett as representative to the CPC: David Harris
Second: Ron Grattan
Vote: 5-0-0
· Tree Stands/Tree Houses
In response to a violation notice and potential enforcement action, Mr. Vacca implored the Commission to render an opinion of building treehouses/tree stands in a resource area. Mr. Lindquist said it was no problem as long as it was on ones own property. Mr. Grattan opined that it is an old tradition; a kid’s place. Dave Harris agreed. Frank Schellenger said if a treehouse were built by a trespasser onto someone else’s property, it was a not an issue with Conservation, it was a civil matter. Mr. Vacca suggested that if an Enforcement Order were issued, the demolition of the treehouse could be conditioned to be removed in an “environmentally responsible manner.”
· Inflatable Pools
Mr. Vacca inquired whether inflatable pools were to be considered temporary structures and exempt from permitting requirements or subject to a Blanket Permit. The Commission decided to require that inflatable pools would require permission through a Blanket Permit if located 50’ or more from a resource area.
Enforcment
95 Stevens Street
Mr. Vacca reported that in response to a Building Permit Application, he made an inspection for a possible isolated wetland. He had met with the owner and consultant on the site and erosion control was placed at the edge of yard and an After-the Fact Request for Determination of Applicability was filed for a deck and re-grading of the backyard. However, the owner requested
authorization to pour the footings. Mr. Vacca reiterated that because the haybales were in place, this would have no adverse effect on the resource area.
Motion to allow the footings to be poured: David Harris
Second: Ron Grattan
Vote: 5-0-0
Mr. Steven Amico, the owner, attended the meeting with Steve Bjorkland, the developer to protest that the alleged isolated wetland on the site was not a wetland. Mr. Vacca recommended that the issue be discussed at the meeting of 6/24/08.
Old Business/New Business
· Reorganization of the Commission
Motion to continue to hold positions of current members as is: David Harris
Second: Ron Grattan
Vote: 5-0-0
MapWorks/bill – signed
Mileage – signed
Wetlands & Wildlife/bill – signed
Duxbury Clipper/bill – signed
Executive Session
10:10 PM Phil Lindquist 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 litigation 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.
10:30 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 10:30 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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