HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 26, 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 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
Ron Grattan
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of August 12th, 2008 were postponed until September 9th, 2008
Appointment
7:30 PM Appointment regarding Brockton Clean Energy, Brockton Power Company LLC with Laurie Matthews represented by John Delano
Mr. Delano submitted a written summary of this presentation to the Commission (attached) as well as a draft Environmental Impact report prepared by Brockton Clean Energy and a Final Environmental Impact Report (FEIR) from the Secretary of Energy and Environmental Affairs.
In response to two concerned citizens of East Bridgewater, Laurie Matthews and Gary Petty, Mr. Delano conducted an investigation into the proposed power plant that is currently under review in Brockton, to ascertain whether there were any possible adverse effects on surrounding towns. For the purpose of this meeting, he narrowed his observations to that which was relevant to the Wetlands Protection Act and the natural resources in those communities that are downwind of the plant including Hanson. He asked that the Commission consider the protection of the air, soil, water, plant community and ultimately, the public health of the residents.
To begin with, the location of the power plant is proposed on the bank of the Salisbury Plain River. Because of an EPA consent order to upgrade the city’s wastewater treatment plant, the treated water from that plant will be used to cool the effluent from the chimney stack of the power plant. The FEIR reports a net use of 1.6 million gallons of wastewater per day that will then evaporate and become airborne emissions. Annually, the plant will emit 85 tons of particulate matter.
The proponents of the plant disclose that it will burn natural gas and ultra low sulfer distillate (diesel fuel). They suggest that the emissions will meet the air emissions standards as required by current regulations. It is of the opinion of Mr. Delano that long term studies of those pollutants are limited and inconclusive. Mr. Delano also questioned the environmental consequence of chemicals potentially absorbed by plants in the soil and dissolved into the drinking water supply.
He admitted that the studies and science for a project of this size are complex. However, basic research into the project has caused some alarm. He asked that the Hanson Conservation Commission and others from surrounding towns join together to hold the state permitting
agencies accountable until the evidence proves that the health and environmental risks have been satisfactorily minimized. In addition, he suggested that monitoring stations are used in Hanson to create baselines for air/soil/water quality.
Mr. Lindquist asked if any dispersion stats were available. Mr. Grattan wondered if there were other studies conducted in towns with power plants that would answer some of these questions. Mr. Delano said that he would like to see the data pertaining to these questions if it were available. Mr. Lindquist thanked Mr. Delano for the presentation and the accompanying information. The Commission will take it under advisement.
Public Hearings
8:00 PM Notice of Intent (After the Fact) for the authorization of 2 existing sheds, and the relocation of 1 shed, the installation of a 6 foot wide strip of gravel and the creation of a grass swale to improve stormwater runoff from the driveway at 60 Bowker Ave., Map 100, Lot 15 for Mark and Wendy Bartelamia represented by Environmental Consulting & Restoration, LLC, P.O. Box 1319, Plymouth, MA (New Hearing) (DEP #SE175-0559)
Motion to continue to 9/9/08 at 8:15 PM per request of applicant: David Harris
Second: Ron Grattan
Mr. Vacca explained to the Commission that there are technical issues involved with the Notice of Intent filing. Some of the work proposed is located on the adjacent property at 124 Spring Street. Mr. Vacca is going to meet the engineer in the field to determine the lot lines. The applicant might withdraw the NOI and proceed with the work under an enforcement order to which both parties would have to agree.
Vote: 5-0-0
8:15 PM Continued 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)
Motion to continue to 9/9/08 at 8 PM per request of applicant: David Harris
Second: Ron Grattan
Vote: 5-0-0
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)
Steve Wry representing new owner, Gene Andrews, presented a plan with a revised date of 8/25/08. Ben Gilmore, a wetland scientist, had re- delineated the site at the request of the Commission. Because an area previously identified as upland was now determined to be a Bordering Vegetated Wetland (BVW), a lot of the work onsite falls within the buffer zone (bz).
As a result, the driveway has been reduced and relocated out of the 50-foot bz and a retaining wall is proposed in the backyard. Mr. Wry added that an area of extensive clearing within the 50-foot bz is proposed to be restored to its previous natural grade and replanted with native woodland species and the sedimentation in the adjacent wetland shall be removed by hand. Mr. Andrews asked that a small amount of the currently disturbed area (320 s.f.) be kept as backyard and that he be allowed to remove a 40’ pine tree. Mr. Kemmett asked if any of the land had been released from Chapter 61B. Mr. Wry said he would ask the previous owner. Mr. Schellenger asked that the steep hill on the left side of the house be stabilized. Mr. Lindquist asked for comments from abutters. Those present
were:
Claire Perkins, Indian Head Street – submitted pictures taken in 2004 of the site in question. It appeared that the land was much lower than it is now and that is why they’re concerned with flooding onto their property. She was of the opinion that the area had been wetland at the time.
Mr. Lindquist asked that a swale be put at the edge of the driveway. Mr. Vacca commented from his agent report. He had ten specific comments and they were all were addressed. Some other issues and evidence has been raised, however he was satisfied with the presentation.
Motion to continue pending review of revised plan and a variance request to 9/9/08 at 8:30 PM: John Kemmett
Second: Ron Grattan
Vote: 4-0-1 (David Harris abstained)
Orders of Conditions/Extensions
Order of Conditions 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 (DEP #SE175-0554) – signed
3 Extensions of Order of Conditions 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) – signed
Order of Conditions for the preparation of a 6’ wide walking trail and general maintenance at the Robinson Street Fields, Map 41, Lot 7 for the Town of Hanson Parks and Fields Commission (DEP #SE175-0557) - issued 8/13/08
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- issued 8/13/08
Enforcement
Enforcement Order for 153 Wagon Trail – signed
Discussions
Adams Circle, Lots 12, 14 & 21
Mr. Vacca updated the Commission as to the Selectmen’s decision to possibly designate one of the lots gifted to the and care and custody of the Conservation as municipal land. Mr. Harris commented that the lot is primarily wetlands and suggested that we send a memo the Selectmen
asking for an explanation. Rhetorically, Mr. Lindquist asked why anyone would give a gift if it were to be sold off for profit.
MassGIS System
Mr. Vacca reported that the GIS software package has been received with the supplementary training books. He stipulated that it should be a great resource with a series of ortho-photos going back over the previous 8 years. Two all day training sessions are offered for four Commissioners and/or staff. The recommendation is that we play with it for a while using the exercises in the workbook. The laptop can also be taken home by the Commissioners over the weekends.
Adjournment
Motion to adjourn at 8:55 PM: Ron Grattan
Second: Frank Schellenger
Vote: 5-0-0
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