HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 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 Phillip R. Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
John Kemmett, Member
David Harris, Member
Absent: Ron Grattan
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of 7/8/08 were postponed until 8/12/08
Public Hearings
7:45 PM Request for Determination of Applicability for the installation of a chain link fence within the buffer zone of a Bordering Vegetated Wetland at 124 Spring Street, Map 100, Lot 13B for Pamela Zamagni (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Ms. Zamagni requested to install a fence primarily because of problems with her neighbor stemming from unauthorized use of her property and wetland violations. Mr. Vacca recommended that the bottom of the fence be positioned approximately 6” above the ground to allow for wildlife migration. Mr. Harris read the abutters list. Those present were:
Wendy & Mark Bartelamia - They asserted that they did not do any clearing. One tree was taken down and the tree fort was constructed with permission from the Zamagni’s.
Motion to approve and issue a Neg. 3 Determination: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Request for an Amendment to an Order of Conditions to support the existing dwelling by installing a foundation wall and relocating the septic tank at 269 Spring Street, Map 108, Lot 3 for Stephen Nelson represented by Webby Engineering Associates, Inc., 180 County Road, Plympton, MA (New Hearing) (DEP #SE175-0520)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Joe Webby explained that an Order of Conditions has already been issued for the replacement of a septic tank. Because of the high ground water, Mr. Flaherty, Board of Health Agent, requested a different location for the tank. The repair of the foundation wall and a knee wall has also been added to the plan. Mr. Vacca said that because the proposal decreases the amount of buffer zone disturbance, he recommended approval of an Amendment. Mr. Harris read the abutters list. Those present were:
Mr. & Mrs. Thomas Foley – They are in approval of the project.
Motion to approve an Amendment to the Order of Conditions pending a revised plan: David Harris
Second: John Kemmett
Vote: 4-0-0
8:15 PM Continued Notice of Intent for the construction of a 2-car garage attached to an existing dwelling and the installation of a paved driveway with grading within the 100-foot buffer zone to a Bordering Vegetated Wetland at 301 Indian Head Street, Map 54, Lot 7C & a portion of Lot 49-1 for Jon Ridder represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0556)
Motion to continue to 8/12/08 at 8:30 PM because a revised plan was not received in time for review: David Harris
Second: Frank Schellenger
Vote: 4-0-0
8:15 PM Plymouth County Hospital – Land Transfer to Conservation Commission
Mr. Vacca summarized for the Commission that the Plymouth County Hospital Committee has graciously decided to give a portion of municipal land consisting of two fields to the Conservation Commission. Mr. Vacca continued to say that it was critical to maintain these open fields that were prolific in New England at one time, but because of development, no longer were. He explained the process for the transfer using a flow chart. The first step would be that the Commission would vote to request transfer of the control. It would eventually require a 2/3 vote at Town Meeting and the deed recorded at the Registry of Deeds.
Mr. Brian Clemons, of the PCH Committee attended the meeting to provide a description of the land using ortho photos. The section that would be ceded to the ConCom is serpentine in shape and off of Big Rock Lane, High Street and Bonney Hill Lane. The property has been surveyed and divided. Using information from the Open Space survey, The PCH Committee determined that people would like more hiking/walking trails which already exist on the property. The parcel is land locked at the present time, but ideally an easement would provide access and also provide a connection to the Bay Circuit Trail. The parcel is 25 acres plus or minus in size.
Motion to request a transfer of control depicted as “Lot 3, 25.405 Acres” on a plan entitled “Plan of Land in Hanson, Massachusetts owned by the Town of Hanson dated June 12, 2008, prepared by Land Planning, Inc.” from the Town of Hanson to the care, custody and control of the Conservation Commission: David Harris
Second: Frank Schellenger
Mr. Schellenger commented that a management plan is needed to maintain the fields. Mr. Lindquist would like an easement to provide access on the PCH side.
Mr. Clemons said the easement already exists.
Vote: 4-0-0
8:30 PM Continued Notice of Intent to rebuild a shed, construct an above ground swimming pool, deck and tree removal within 100 feet of a Bordering Vegetated Wetland at 79 Mayflower Road, Map 96, Lot 8-24 for John & Michelle Doucette represented by Webby Engineering Associates, 180 County Road, Plympton, MA 02367 (DEP #SE175-0555)
Joe Webby made the presentation for John & Michelle Doucette who were also present. Since the last meeting, Mr. Vacca had conducted a site visit during which time it was determined that locating the pool next to the shed was a better scenario environmentally. Although, the pool would encroach into the 50-foot buffer zone, several trees wouldn’t have to be cut as originally proposed because it would be located in a previously disturbed area. Mr. Vacca also clarified for the Commission that the shed and deck would be constructed on sono tubes. Mr. Doucette requested permission to cut down one tree next to the shed and replace it with smaller trees equal in total diameter.
Motion to approve variance from 50-foot no build setback: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Motion to approve and issue an Order of Conditions according to the alternative plan dated 7/17/08: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Orders of Conditions
Order of Conditions 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 (DEP #SE175-0552) – signed
Extensions/Certificate of Compliance
Extension of an Order of Conditions for one year at 750 Franklin St., Meadowbrook Garden Center for Steve Alexander (DEP #SE175-327) – signed
Certificate of Compliance (non-completion) for 91 Beckett Street, Map 88, Lot 52 for Richard Flynn (DEP #SE175-385) – signed
Discussions
Master Plan
Mr. Lindquist updated the Commission as to the new Master Plan, bound copies of which were distributed at a meeting. The Master Plan Committee issued discs to the Housing Authority, Open Space Committee, business, etc.. Mr. Vacca also said that it will eventually be posted on the Town of Hanson website.
Commissioner’s Signature Sample for Town Accountant – signed
Bonney Hill Lane
Site Inspection was scheduled for Tuesday, July 29th at 2:30 PM
Robinson Street Fields
Mr. Vacca had met with Bill Clay regarding what to do short term at the ballfields. An area behind the fence needs to maintained. Long term, Parks & Fields wants to construct a walkway around the perimeter. Mr. Vacca had done a site inspection and was of the opinion that because the area to be mowed was within the 50-foot no disturb zone and it appeared to require more than ordinary maintenance, an RDA should be filed for the entire proposal.
Motion to require a Request for Determination of Applicability for the proposed work at Robinson Street Fields: Frank Schellenger
Second: David Harris
Vote: 3-1-0 (Phil Lindquist against)
Enforcement
60 Bowker Avenue
Mr. Vacca reported that a letter dated 7/15/08 had been sent to the Bartelamia’s regarding the unauthorized activity within conservation jurisdiction requesting an enforcement conference. Mr. Vacca had spoken with the engineer who’s on board. He will file a NOI by Tuesday, 8/12/08.
Old Business/New Business
MACMAPP (software package)/bill – signed
Dorr’s Print/bill – signed
Executive Session
8:50 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.
9:10 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 9:10 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
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