HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 24, 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
John Kemmett, Member
Ron Grattan, Member
Absent: David Harris, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
A vote on the minutes of June 10, 2008 was continued to 7/8/08 pending a revision.
Public Hearings
7:45 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 presented a revised plan to the Commission demonstrating a revision to the wetland line based on transects done on June 14th, 2008 by Leanne Bradley. The results of the field data forms were submitted as well. The leaching field had been reoriented to accommodate the new wetland line. Mr. Esposito reported that the Board of Health had approved the plan with the condition that agent Mr. Flaherty is present during the excavation of the leaching field to witness the deep hole perc tests. Mr. Grattan mentioned that if the project changed, the applicant would have to come back to the Commission for an Amendment. Mr. Kemmett asked about a timeline to clean up the site. Mr. Vacca said that it could be conditioned into the Order.
Motion to continue pending Board of Health approval: John Kemmett
Second: Ron Grattan
Mr. Esposito commented that approval is needed form both Boards to do anything at the site including cleanup.
Vote: 2-2 (Ron Grattan and John Kemmett for, Phil Lindquist and Frank Schellenger against) Motion Failed
Motion to approve and issue an Order of Conditions pending Board of Health approval and subject to the applicant clearing the junk and debris out of the 50’ buffer zone prior to installation of the leaching field: Frank Schellenger
Second: John Kemmett
Vote: 3-1 (John Kemmett against)
8:00 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 #SE175-0554)
Motion to continue to 7/8/08 at 8:30 PM per request of applicant: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
8:15 PM After-the-Fact Request for Determination of Applicability to construct a deck and re-grade a portion of the backyard at 95 Steven Street, Map 89, Lot 109A for Mr. & Mrs. Stephen Amico represented by Richard Farwell & Sons, P.O. Box 523, N. Scituate, MA 02060 (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Bjorkland representing Mr. and Mrs. Amico thanked the Commission for allowing the work to go forward prior to a Determination. He submitted a report from John Richardson, Wetland Scientist disputing the validity of the isolated wetland on the property. Mr. Vacca, who acted on information from the previous agent and observed wetland flora during a site visit deferred to the Commission. Mr. Lindquist asked if any abutters were present. Those present were:
Robert Murphy, 30 Crescent Place – Has been there for 38 years and wasn’t aware of wetlands.
Motion to issue a Neg. 1 Determination stipulating the area is not subject to protection under the Act or the Buffer Zone: Ron Grattan
Second: Frank Schellenger
Vote: 4-0-0
8:30 PM Continued 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 (DEP #SE175-0551)
Mr. Kane presented a revised plan and the additional information that was requested at the last meeting as well. Mr. Vacca had no comments and recommended approval.
Motion to approve and issue a Small Project Order of Conditions: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
Executive Session
8:35 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.
8:45 PM, the Commission voted unanimously to come back into public session. It was announced that no votes were taken during executive session.
Public Hearings (continued)
8:45 PM Continued 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 (DEP #SE175-0549)
Mr. Kevin Grady attended the hearing to discuss an alternative analysis, a mitigation plan, and a conservation restriction. He explained that because of site constraints, topography and Zoning restrictions, accessing the upland area as shown on the site plan dated 4/27/00 and revised 6/16/08 was the only viable option. In addition to the wildlife nesting and roosting boxes, the applicant proposes to cover 6.14 acres of the lot (88%) with a Conservation Restriction that will expand the No-disturb area in perpetuity. A split rail fence and conservation posts with signage will demarcate the existence of the restricted area. Mr. Flaherty, BOH agent, wants the septic system moved further away from the 50-foot buffer zone if possible. As a result, the applicant is seeking approval to build the
road so as to conduct more tests pits to try and relocate the leaching field. Mr. Schellenger questioned the effectiveness of a paved driveway versus a gravel driveway in relation to protection of the resource area. Mr. Grady answered that a paved driveway is a permanent structure that provides a stable surface for emergency and septic pumping vehicles. His argument was that there is less potential for runoff of siltation as well. Mr. Lindquist suggested using a conservation grass mix to seed the 5-foot filter strip along the driveway.
The conditions that the Commission discussed and approved were:
1. The septic system may be relocated further away from the 50-foot buffer zone if possible and the location of the well may be switched.
2. The Conservation Restriction must be in place.
3. A conservation grass seed mix shall be planted along the driveway.
4. Conservation Posts shall be installed as indicated on the site plan.
5. The inspection and maintenance of the nesting and roosting boxes shall be a perpetual condition recorded on a Certificate of Compliance.
Motion to approve and issue a Small Project Order of Conditions with the above-mentioned special conditions: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Enforcement
270 Main Street
Mr. Vacca reported that the area had been cleaned up substantially.
176 Adams Circle
In response to a phone call, Mr. Vacca had inspected and confirmed that the yard waste and sod were being dumped into a wetland and adjacent buffer zone. A landscaping trail was parked nearby. Mr. Vacca got the plate number and will try to contact the owner.
Discsussions
ESRI Contract
Motion to prepare memo to Selectman requesting use of NOI fund for purchase of ArcView software: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Hanson Rod & Gun Club
Mr. Vacca reported that the compost sock had been installed correctly and work was proceeding on the expansion of the shooting range.
Determination/Orders of Conditions
· Neg. 3 Determination of Applicability for the construction of a 10’ x 20’ at 32 Kings Landing Way, Map 72, Lot 3-6 for Todd Arnone – signed
· Order of Conditions for the repair of a subsurface sewage disposal system at 123 Phillips Street, Map 50, Lot 30 for Bowmar Realty Trust (DEP #SE175-0548) - signed
· Order of Conditions to change an underground service to overhead service at 30 Holmes Street, Map 75, Lot 5-1 for Anthony Kolacz (DEP #SE175-0553) – signed
· Order of Conditions to control nuisance vegetation and mitigate with wetland species and conservation grass seed mix at 558 East Washington Street, Map 105, Lot 9-2 for Anne Williams (DEP #SE175-0550) – signed
· Order of Resource Area Delineation to validate the accuracy of a wetland delineation at “Off Whitman Street”, Map 109, Lot 4 for Thomas J. Hastings Co., LLC (DEP #SE175-0546) – signed
Request for Certificate of Compliance
· 405 Elm Street, Map 19, Lot 1-7 (DEP #SE175-400)
Motion to approve and issue a Certificate of Compliance: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Old Business/New Business
Dorr’s Print, Inc./bill – signed
Motion to adjourn at 9:30 PM: Ron Grattan Second: John Kemmett Vote: 4-0-0
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