HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 18, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Vice Chairman
David Harris, Member
Ron Grattan, Member
Absent: Philip R. Lindquist, Chairman
John Kemmett, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept the minutes of October 28, 2008: David Harris
Second: Ron Grattan
Vote: 3-0-0
Appointments
7:30 PM Appointment with Robert Colburn to discuss the enforcement issue at 122 R Indian Head Street
Mr. Vacca summarized by itemizing the violations listed in the enforcement order ratified at the last meeting and sent to Mr. Colburn. The un-permitted activity included the storage of hazardous materials (petroleum) in a shed, the installation of two docks, a deck, a fire pit and a horseshoe pit. Photos were taken on 9/23/08.
Mr. Schellenger stated for the record that the Commission was copied on a letter from DEP to the Hanson Board of Health regarding the use of the trailer. (attached)
Mr. Colburn addressed the Commission with his responses. The petroleum products, which are used for farm machinery, were moved from the small shed to a larger shed up by the road (Route 58). The docks were removed. The deck, which is not constructed on sonatubes, is used as a ramp to get onto the bogs. It is stored on concrete blocks near the trailer. The horseshoe and fire pits have been there since Ray Reid (owner) bought the place years ago. Mr. Colburn presented pictures as evidence and invited Mr. Vacca to inspect the property.
He also stated that he is actively farming the bogs. He loves Hanson and appreciates the land. Mr. Colburn stipulated that he has made arrangements to buy the property from Raymond Reid, he has a farm plan and the trailers have been there a long time.
Mr. Schellenger suggested that Mr. Vacca re-inspect and report his findings to the Commission at the next meeting on 12/2/08.
Public Hearings
7:45 PM Continued Notice of Intent for the demolition of an existing house and garage, the construction of a new single-family house including driveway, septic system, water line, utilities and grading within the 100 foot buffer to a Bordering Vegetated Wetland at 135 Union Street, Map 31, Lot 8A for Tracy White and Edward Johnson represented by McGlone Enterprises, Inc., 211 Pembroke Street, Kingston, MA 02364. (DEP #SE175-0561)
Mr. Shayne McGlone made the presentation. He submitted a revised plan dated 11/17/08 depicting the perennial stream (White Oak Brook), the 100’ Inner and 200’ Outer Riparian Zones and the relocation of the driveway. The proposed gravel driveway will not increase the percentage of impervious surface existing at the site. Also, the newly proposed driveway location provides the maximum setback to the resource area. No abutters were present.
Motion to close the hearing and issue an Order of Conditions: Ron Grattan
Second: David Harris
Vote: 3-0-0
8:00 PM Notice of Intent for the installation of a 10’ x 28’ patio with a 6’ x 10’ attached deck within 100 feet of a Bordering Vegetated Wetland and the Riverfront Area at 141 Wagon Trail, Map 120, Lot 55 for Anthony and Sherwood Modestino represented by Tony DaSilva, 75 Stockwell Drive, Avon, MA 02322 (DEP #SE175-0563) (New Hearing)
David Harris read the Public Hearing Notice and the abutters were verified. Mr. DaSilva made the presentation for the proposal and submitted a revised plan depicting the 50-foot no disturb zone. The project consists of the installation of seven sonatubes which will be dug by hand to minimize any disturbance. The Natural Heritage of Endangered Species Program verified that the project will not occur within an Estimated Habitat of Rare Wildlife or Priority Habitat in a letter dated 11/7/08. No abutters were present.
Motion to approve a variance to work within the 50-foot no disturb zone: David Harris
Second: Ron Grattan
Vote: 3-0-0
Motion to close the hearing and issue an Order of Conditions: David Harris
Second: Ron Grattan
Vote: 3-0-0
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)
Al Vautrinot presented a revised plan dated 10/28/08. The changes to the plan included: 1.) The driveway had been narrowed from 20 feet wide to 16 feet wide, except at the location of the bridge itself. 2.) The size of the replication area was reduced to 4,000 sq. ft. 3.) The 50-foot buffer zone was depicted on the plan.
A drainage report and stormwater calculations dated 11/4/08 were prepared by Ben Gilmore. Mr. Gilmore, who attended the meeting, elaborated on the stream crossing standards by saying that the arched bridge will not impact the wetlands and will not impede flow from the brook. Because light will be allowed to pass underneath the bridge, wildlife will be more likely to pass through.
Mr. Schellenger asked who owned the property. Mr. Vautrinot answered that it was under agreement and a purchase and sales had been signed. Mr. Schellenger asked for a copy of the purchase and sales.
Mr. Schellenger also inquired why the context of the project had not been revealed. Mr. Vautrinot answered that the purpose of this filing was to gain access so that perc tests could be performed. Mr. Schellenger was of the opinion that the whole project should be disclosed in keeping with the Riverfront Act. Mr. Vautrinot disagreed.
Mr. Harris asked if the “owner” of the property would be willing to deed over the majority of the property, which is mostly wetlands, under a Conservation Restriction. Mr. Vautrinot answered that in the end, it is the intent that the remaining property, about 25 acres that are not developable, are donated to Hanson Conservation.
Motion to approve wetland crossing under 5,000 sq. ft. of disturbance: David Harris
Second: Ron Grattan Vote: 2-1-0 (Frank Schellenger against)
Motion to approve variance to work within the 50-foot buffer zone: David Harris
Second: Ron Grattan Vote: 2-1-0 (Frank Schellenger against)
Motion to approve variance to work within the 100’ Inner Riparian Zone under the Wetlands Protection Act: David Harris
Second: Ron Grattan Vote: 2-1-0 (Frank Schellenger against)
Motion to close hearing, approve and issue an Order of Conditions with special Conditions pending receipt of a copy of the purchase and sales: David Harris
Second: Ron Grattan Vote: 2-1-0 (Frank Schellenger against)
Orders of Conditions
Order of Condtions (After-the-Fact) for a restoration plan for 153 Wagon Trail, Map 120, Lot 56 for Mark Modestino (DEP #SE175-0560)
Motion to issue Order of Conditions for 153 Wagon Trail pending receipt of revised plan: David Harris
Second: Ron Grattan
Vote: 3-0-0
Discussions
Memo re: Open Meeting Law seminar – Frank Schellenger and Dave Harris volunteered to go the meeting on 12/2/08 at 6 PM along with Rebecca Nehiley, the Administrative Assistant.
Memo re: Business licenses – The Commission will take the list home to review. The deadline to comment is 12/16/08
Pembroke Watershed Association – A meeting is scheduled for this Thursday 11/20/08 at 7:30 PM at the Pembroke Public Library to discuss the non native, invasive species and algae problems in area ponds, specifically Oldham Pond.
99 Ransom Road – Mr. Vacca reported that he conducted a site visit on 11/2/08 at the request of Mr. Derrick Welch to discuss the strategy for controlling the erosion problem and cleaning out the debris in the wetland.
Open Space Plan – Mr. Vacca reported that the Plan was virtually done, pending “Letters of Review” from the Planning Board and the Selectmen. He thanked MapWorks for a job well done.
Kiwanee Update - Mr. Vacca met with Al Hanscom to discuss cleaning out the stream bed. Mr. Hanscom will obtain a Scope of Services from a couple of companies that specialize in environmental restoration.
WHRHS – Letter from Lady Slipper Woods – Ms. Sharon LePorte had written to the Commission regarding the restoration project at the High School. She reported that there had been two successful growing seasons and the area has been stabilized. There are still two issues having to do with drainage that need to be resolved before a Final Certificate of Compliance can be issued.
Old Business/New Business
Clipper Press/bill – signed
Mileage Re-imbursement – signed
Executive Session
8:50 PM Frank Schellenger 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: Ron Grattan
Vote: 3-0-0
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