HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 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: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
Ron Grattan, Member
Absent: David Harris, Member
John Kemmett, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
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Motion to approve minutes of July 8, 2008: Frank Schellenger
Second: Ron Grattan
Vote: 2-0-1 (Phil Lindquist abstained)
Motion to approve minute of July 22, 2008: Frank Schellenger
Second: Ron Grattan
Vote: 2-0-1 (Ron Grattan abstained)
Public Hearings
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7:45 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)
Mr. Mark Casey presented a revised plan demonstrating a construction sequence, a detail for the retaining wall and a dewatering plan as requested. The property lines were adjusted on the plan per the Board of Health. Mr. Schellenger asked what erosion control measures were being used. Mr. Casey answered haybales and silt fence. Mr. Schellenger suggested that as a special condition of approval, the back slope of the system is heavily mitigated with native species to provide additional buffer the adjacent wetland. Dean Anderson of 62 Ocean Avenue commented that he “strongly objected” to the project.
Motion to close the hearing: Ron Grattan
Second: Frank Schellenger Vote: 3-0-0
Motion to approve the request for variance from the 50-foot no build setback: Frank Schellenger
Second: Ron Grattan Vote: 3-0-0
Motion to approve and issue an Order of Conditions with special conditions: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
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8:00 PM Blanket Request for Determination of Applicability filed by the Hanson Conservation Commission on behalf of Hanson property owners seeking permission for small projects (listed in the Public Hearing Notice) within 50-100 feet of a resource area. Parcel addresses and assessor references vary dependant on individual requests filed. (New Hearing)
Frank Schellenger read the Public Hearing Notice. Mr. Vacca explained that the blanket permit is a streamlined process developed and put into practice originally in September of 2005 as a means to reduce the regulatory and financial burden of homeowners with respect to a narrow range of projects (test pits and above ground pools). Since this permit will expire soon, the opportunity to expand the scope to include several other small projects is now available. Specifically, sheds (any size provided they are on concrete footings), playscapes, swingsets, decks or sunrooms (provided they are on concrete footings as well), gardens, irrigation and domestic wells. These projects would be allowed to proceed provided they meet certain criteria, being at least 50 feet from the boundary of a wetland
resource area and that the work will not have an adverse effect on the resource area in question. There were no public comments.
Motion to reauthorize the Blanket Determination of Applicability with an expanded scope of projects: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
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8:15 PM Notice of Intent for the construction of a driveway across wetlands and Spring Brook to gain access to reach a 3 ¼ acre island of upland at Lot 3 Lakeside Road, Map 88, parts of Lots 7 & 8 for RHD Realty Trust represented by Vautrinot Surveying, Inc., P.O. Box 144, Plympton, MA (DEP #SE175-0558) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Al Vautrinot presented a proposal for a wetland crossing that would allow access to a 3 ¼ acre island of upland. The narrowest point of entry through the wetland was chosen so as to cause the least amount of disturbance to the resource area. 2,000 square feet of wetland alteration would be replicated with 6,700 square feet of mitigation plantings. A 2’ x 4’ box culvert was proposed under Spring Brook so as not to impede water flow. Mr. Vautrinot submitted a variance request from the 50-foot no-disturb zone. Mr. Lindquist asked for comments from abutters. Those present were:
Constance Constantine, Brook Street – Wanted to know what was ultimately proposed for the parcel. He was also concerned with wildlife and flooding. Mr. Constantine offered to take aerial photos of the site.
Mr. Olson, Pearl Street - Was upset over development of the site. Moved to Hanson for the natural setting.
Sal Garafalo, Lakeside Road - Wanted to know if a bridge was proposed. Mr. Vautrinot answered no, a box culvert.
Mr. Lindquist commented that he was of the opinion that the road was not laid out correctly on the plan. Mr. Vautrinot said he would check the accuracy of the bounds. Mr. Schellenger was of the opinion that the road was too big, too wide, and that the 50-foot buffer zone should be depicted on the plan. Mr. Vacca read through his comments and informed the Commission that a report from Natural Heritage was anticipated.
Motion to continue until 8/26/08 at 8:15 PM: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-0
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8:30 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)
Mr. Vacca informed the Commission that during a routine site inspection, he discovered that the wetland was silted and that sedimentation was coming from a culvert. There appeared to be an unidentified smaller wetland on the other side with several wetland species including rushes, sedges and jewelweed. Mr. Munro said he would have Ben Gilmore re-delineate the area and he will revise the plan accordingly. Mr. Vacca suggested that remediation measures should be included on the next revision.
Motion to continue until 8/26/08 at 8:30 PM: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
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8:45 PM Notice of Intent for the preparation of a 6’ wide walking trail and general maintenance between the bordering vegetated wetland and the existing fence at the Robinson Street Fields, Map 41, Lot 7 for the Town of Hanson Parks and Fields Commission represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0557) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Munro of Land Planning reiterated the presentation for maintenance of the fields and the construction of a track around the perimeter, a portion of which lies within the 50-foot buffer zone. Mr. Vacca said that all of the comments from the previous meeting had been addressed within the context of the Notice of Intent filing.
Motion to approve a variance from the 50-foot no disturb zone: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-0
Motion to close and issue an Order of Conditions: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-0
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9:00 PM Request for Determination of Applicability to perform soil observation deep holes and percolation tests at Lot 3A, Lakeside Road, Map 79, Lots 26-2, 26-2A and 26-2B for Coleman Earner represented by Land Planning, Inc., 1115 Main Street, Hanson, MA 02341 (New Hearing)
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Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Munro stated that the wetland had been determined through soil analysis of the bog. The 50 and 100 foot buffer zones were now established. Mr. Earner would like to move forward and perform perc tests to determine if a house lot is viable. Mr. Lindquist asked if abutters had any comments. Those present were:
John Bailey, Lakeside Road – no comment.
Motion to approve and issue a Neg. 3 Determination of Applicability: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-0
Request for Certificate of Compliance/Extension
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Request for Certificate of Compliance for 153 Wagon Trail, Map 120, Lot 56 for Mark Modestino (DEP #SE175-0475)
Mr. Vacca recommended a denial of the Certificate for non-compliance of the Order of Conditions (OOC). The work exceeded that which was depicted on the approved plan. For violating the OOC, he recommended an Enforcement Order/fine and that Mr. Modestino file a new Notice of Intent (after-the-fact) to include a restoration plan with mitigation.
Motion to issue an Enforcement Order and a $500 fine for violation of the Orders of Conditions and require a new Notice of Intent: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-0
3-year Extensions for Lakeside Road, Lots 1,2 & 3, Map 79, Lots 26-2, 26-2A & 26-2B for Coleman Earner (DEP #’s SE175-469, SE175-470 & SE175-471)
Motion to approve and issue 2 year extension for all 3 lots: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
Discussions
· Adams Circle, Lots 12, 14 & 21 – to accept gift of land
Mr. Vacca explained that the landowner wishes to donate all three parcels to Conservation. Two lots have riverfront access.
Motion to accept Lots 12, 14 & 21 as gifts to Conservation: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
· Boundary markers for Open Space Parcels
Motion to purchase 250 markers: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
· Regional Wetland Circuit Rider Workshops - FYI
· Bonney Hill Lane
A site inspection was rescheduled for next Wednesday, August 20th at 2:30 PM.
Enforcement
1614 Main Street
In response to a report of unauthorized tree cutting, Mr. Vacca found that a tree company had inadvertently limbed some trees and cut 3 dead hemlocks before discovering that the homeowners were in jurisdiction. Mr. Vacca said that the company seemed responsible and needed guidance on where to go from here. The Commission directed Mr. Vacca to have the tree company notify the Commission in the future of any tree cutting.
Old Business/New Business
MapWorks Invoice #8/bill – signed
Executive Session
9:40 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.
9:50 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 PM: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-0
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