HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 9, 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
Absent: Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept minutes of 8/12/08: Frank Schellenger
Second: John Kemmett
Vote: 3-0-1 (David Harris abstained)
Motion to accept minutes of 8/26/08: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Appointments
7:45 PM Appointment with Mr. Brian Young to discuss a trailer on Indian Head Pond
Mr. Young, a resident of Pembroke, and an abutter to a situation on Indian Head Pond, attended the meeting to inform the Commission of an alleged illegal trailer parked on the edge of the pond and adjacent cranberry bog. Purportedly, the trailer had been temporarily permitted for workers of the cranberry bog. He alleged that the current occupant of the trailer lives there full time. His concern is the pollution of the lake and that the owner of the trailer is putting others on the lake at risk environmentally. There is no historical evidence of a septic system, however, two hoses run from the trailer to a shed. Recent water tests proved negative for E-Coli.
Mr. Young also alleged that the shoreline has been disturbed and that docks were constructed as well as a floating raft. He would like to see the trailer removed, as it is out of sync with the size of the cranberry bog and had not been authorized through Conservation or otherwise. The owner of the bog is Raymond Reed.
Mr. Lindquist thanked Mr. Young for coming to the meeting. He stipulated that the Conservation Commission’s concern is with the wetlands and what is potentially going into the water. He advised Mr. Young that the Commission would take the information under advisement and work with the other Town Boards and the Town Administrator to come to a resolution.
Public Hearings
8:00 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 9/23/08 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
*As a matter of record, David Harris stated that he had listened to the tape of the previous hearing for Lot 3 Lakeside Road of 8/12/08 in its entirety.
8:15 PM Continued 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 (DEP #SE175-0559) Notice of Intent withdrawn by applicant
Mr. Vacca explained that that some of the unauthorized activity within jurisdiction was located on the adjacent property and had not been referenced on the Notice of Intent. As it would have resulted in a lien on their neighbor’s property, it was negotiated that Mr. & Mrs. Bartelamia withdraw their application and proceed under an Enforcement Order instead. In this way, they can do the work on both properties without encumbering the neighbor, who has given permission to enter. Brad Holmes of Environmental Consulting and Restoration submitted a plan that outlines the improvements.
Motion to accept withdrawal of the Notice of Intent without prejudice: David Harris
Second: John Kemmett
Vote: 4-0-0
Motion to ratify an Enforcement Order for a stormwater management system and mitigation measures: David Harris
Second: John Kemmett
Vote: 4-0-0
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)
As a matter of record, David Harris stated that he had listened to the recording of the 8/12/08 hearing for 301 Indian Head Street. Mr. Munro clarified for the Commission that although Mr. Ridder is the applicant, Mr. Gene Andrews is the owner of the property. He
continued by saying that most of the concerns of the Commission and staff have been addressed by ensuring that no water goes towards the house next door. They have offered a restoration area and proposed retaining walls in the backyard and along the hill in the side yard as well. The restoration area is to be dug down to the original ground surface (loam) and planted with native species. The driveway has been reduced and slopes towards the restoration area.
Mr. Schellenger asked if the land had originally been in Chapter 61B. Mr. Munro answered that Mr. Ridder has 5 acres of land that can be utilized in any way that he chooses according to his Farm Plan. It is regulated by the Assessor’s Office. Mr. Vacca commented that if the designation of the Chapter 61 land had changed, the Town should have the right of first refusal.
Mr. Paul Nawalzelski asked if the plan would keep water from going onto his son’s property. Mr. Vacca answered yes, because it would provide more compensatory storage area. Mr. Nawazelski asked where the drainage from the street goes. Mr. Lindquist answered that they could not find the outlet, but allegedly it drains from the catch basin in the street out into the bog through a drainage easement. Mr. Nawazelski asked if because the other end of the drainage easement has been modified or changed from its original intent because of the new road, will the water still drain or has it been plugged off. Mr. Harris commented that the discussion was beyond the scope of the proposal before the Commission. Mr. Nawazelski withdrew his question.
Mr. Lindquist requested that Mr. Vacca be there during the earth removal as a condition of the Orders.
Motion to approve variance from the 50-foot no build setback for the alteration within the 50-foot buffer zone: Frank Schellenger
Second: David Harris
Vote: 3-1-0 (John Kemmett against)
Motion to close hearing and issue and Order of Conditions with special conditions: David Harris
Second: Frank Schellenger
Vote: 3-1-0 (John Kemmett against)
Discussions
Boat launch at Indian Head
Mr. Vacca updated the Commission of the progress that had been made. He had spoken with Michael Finglas, Town Administrator about funding the project. Mr. Finglas said that the Commission could utilize the resources of the Water Department and obtain a price from Al Hanscom for a plan. Edgewood Bogs must still transfer ownership of the small parcel on Maquan Pond to Conservation.
Motion to proceed: David Harris
Second: Frank Schellenger
Vote: 4-0-0
20 Hanson Court/Blanket Permit
Mr. Vacca informed the Commission that Alan Dias had requested permission to cut and stump an oak tree in the front yard before the installation of the erosion control for a septic repair. Mr. Vacca allowed with the condition that the work is done in a timely manner under good weather conditions.
Request for Extension to an Order of Conditions
Stonebridge Commons – Liberty & Winter Streets for one year (DEP #SE175-396)
Motion to approve a one-year extension for Stonebridge Commons: David Harris
Second: Frank Schellenger
Mr. Mark Ridder, owner of the property, attended the meeting to let the Commission know that
Phase II of the project will be completed within the next 5 years, which includes the rest of the buildings and infrastructure. The bridge (under Superseding Order of Conditions DEP#SE175-0366) is to be signed off by next July. Mr. Ridder took over the complete responsibility of the project from Pulte Homes for work past and present. Mr. Lindquist asked if there were any changes to the plan. Mr. Ridder answered, no.
Vote: 4-0-0
Enforcement
62 & 51 Ocean Avenue
Mr. Vacca informed the Commission that he had spoken with Mr. Anderson and reiterated to him that although he was authorized to finish the septic system under the Enforcement Order issued in January, any other site work required the submission of a new Notice of Intent. Thus far, Mr. Anderson has refused. Mr. Vacca observed that he has done a considerable amount of site work of the left side of the property. Loam was spread and filled to the top of the haybales. Mr. Anderson also spread loam at 51 Ocean Ave. without erosion control and a valid Order of Conditions. As these are violations of a recent Enforcement Order and the work was done without a valid Order of Conditions, Mr. Vacca recommended a new set of fines.
Motion to approve fines for continuing violations at 62/51 Ocean Avenue: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Map 2 Lot 2-5F
During review of the Blanket Permit for 20 Hanson Court, Mr. Vacca discovered that the wetland resource area in question across the street was located on property owned by Mr. Anderson. It is a large parcel, several acres in size where he has been storing vehicles such as a boat and an RV. Recently, the agent observed that a substantial amount of unauthorized clearing of vegetation has been conducted within the buffer zone. Mr. Vacca recommended an Enforcement Order for this new violation.
Motion to issue an Enforcement Order: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
* Mr. Vacca reminded the Commission that he is going to Court next week for the six criminal complaints that the District Attorney will be prosecuting against Mr. Anderson for the violations at 62 Ocean Avenue.
Old Business/New Business
Dorr’s Print/bill – signed
MapWorks/bill #9 – signed
Clipper Press/bill (7/31/08)– signed
Clipper Press/bill (8/31/08)– signed
Adjournment
Motion to adjourn at 9:05 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
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