HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JANUARY 27, 2009
TOWN HALL,L 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
John Kemmett, Member
David Harris, Member
Also Present: Richard Vacca, Agent
Absent: Philip R. Lindquist, Chairman
Ron Grattan, Member
Rebecca Nehiley, Administrative Assistant
Minutes
Joint Meeting Minutes, December 8, 2008
December 16, 2008
Motion to continue to February 10, 2009 because not all members are present that were at each meeting: John Kemmett
Second: David Harris
Vote: 3-0-0
Appointment
7:30 PM Mr. Alan Osgood Re: Maquan Pond
Mr. Osgood suggested that the Commission establish the pond elevation at 74’ as drawn on the USGS Maps so as to alleviate flooding of the pond and to adjust the control structures accordingly. Mr. Vacca has had communications with the Town Administrator who indicated that town funds were limited and the Town Engineer is no longer working on this project. Mr. Harris suggested that Mr. Vacca inspect the erosion control that was put in place last year and has since deteriorated and requested that any further communications be in writing.
Motion to send a letter to the Town Administrator requesting the Engineering Services to finish the control structure at Maquan Pond and to rehab the boat launch at Indian Head Pond: David Harris
Second: John Kemmett
Vote: 3-0-0
Public Hearings
7:45 PM Notice of Intent for a proposal to construct a single family dwelling with associated driveway, septic system, grading and landscaping within the buffer zone to a Bordering Vegetated Wetland at Lot 3A Lakeside Road, Map 27, Lot 26-2 for Mr. Coleman Earner represented by Land Planning, Inc., 1115 Main St Hanson, MA. (DEP #SE175-0564) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Steve Wry initiated the presentation by giving a brief history: Mr. Earner had purchased the property for development. He had reconstructed the gravel roadway and had it paved so that the property could be properly accessed and received prior approval for three single-family house lots. To offset the cost of development, he is now seeking authorization for a fourth lot. Test pits were recently conducted to determine the status of the bogs. An area previously thought of as wetland was established as an upland. A subdivision plan has been created with an easement by way of the existing bog road to access the new lot. A 50-foot buffer has been maintained and minimal grading has been proposed.
The Board of Health has approved the plan. Mr. Earner requested that the reconfiguration of the lots be considered a “Minor Correction” to the original three Orders of Conditions as there is less disturbance in the buffer zone than previously. Mr. Vacca recommended that all issues with Lot 3A have been addressed and that the hearing be closed and an Order of Conditions issued. Also, with respect to the previous Order of Conditions, the only changes were to the lot lines. The wetland lines are valid through 2010. The new plan would be recorded at the Registry of Deeds at the time a Certificate of Compliance is issued. A motion by John Kemmett to require Amendments to the three existing Order of Conditions failed because a second was not heard.
Motion to continue hearing until 2/10/09 at 8:30 PM: John Kemmett
Second: David Harris
Vote: 3-0-0
8:00 PM Notice of Intent for a proposal for the installation of septic system and leaching field within the 200-foot Riverfront area of the Indian Head Brook at 23 Wagon Trail, Map 113, Lot 46 for Paul Taber, Sr. represented by Grady Consulting, LLC, 71 Evergreen Street, Suite 1, Kingston, MA 02364 (DEP #SE175-0564) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Darren Grady of Grady Consulting made the presentation for a septic repair. The system is located outside of the 100-foot buffer zone. Haybales are proposed at the limit of work. Mr. Vacca recommended approval as all outstanding issues identified during the initial review were resolved.
Motion to approve pending Board of Health approval: John Kemmett
Second: David Harris
Vote: 3-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance for 71 Forest Trail, Map 101, Lot 5D-27 for Kevin Leahy (DEP#SE175-0475)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 3-0-0
Enforcement
81 Ocean Ave
Mr. Vacca reported that several weeks ago, Kevin Smith was issued a water usage bill totaling 1,000 c.f. of water (7,000 gal.), the issue being that he did not have an occupancy permit. He has also been observed using a sump to pump out his basement. In addition, he installed a tight tank inaccurately and inappropriately. Mr. Smith drilled a hole in the tank to install a conduit line to accommodate an alarm system, although he is not a licensed septic installer. According to a Board of Health inspection, it was observed that there was some quantity of liquid in bottom of tank. There was speculation that Mr. Smith was using rough plumbing to accommodate waste and this was potentially going into the tank, however, this has been unsubstantiated. Mr. Smith wet-vacked water out of tank before
a BOH inspection but the agent couldn’t be sure what the liquid was. Mr. Smith testified to Mr. Vacca that it was only water and he dumped it in driveway. Mr. Vacca also reported that he observed that the pond front at 81 Ocean Avenue is heavily vegetated and questioned whether the profuse vegetation was the result of excess nutrients from wastewater. Mr. Vacca requested authorization to continue the investigation and perform water and soil testing for fecal coliform. Mr. Harris queried if this was under the jurisdiction of the BOH. Mr. Vacca had concluded that in accordance with the interest of the Act and Local By-Law, i.e.: “Prevention of Pollution”, the responsibility of the Commission is to determine if there is any pollution (and the source) making its way into West Monponsett Pond, a secondary water supply for the city of Brockton.
Motion to have the agent pursue the investigation and if necessary issue an enforcement order to require the homeowner to pay for testing: John Kemmett
Second: David Harris
Vote: 3-0-0
Discussions
Policy for test pits & septic repair in Riverfront Resource Area
Mr. Vacca requested that a written policy be drafted regarding septic repairs within the 200-foot riparian zones because the riverfront is a separate resource area that is governed by State legislation under the Rivers Protection Act. Basically, those projects within the riverfront area would be subject to a Notice of Intent and not covered under a Blanket Permit.
Acceptance of 2008 Annual Report Narrative
Motion to accept the 2008 Annual Report as written: David Harris
Second: John Kemmett
Vote: 3-0-0
WQP - Broadway Street Bridge Replacement for Mass Highway
Mr. Vacca briefed the Commission on the correspondence between Mass Highway and Staff. MH is interpreting the recent Transportation Bond Bill to exclude the necessity of local permitting requirements. Specifically, if the legislation mentions local permitting, then they will
of course seek it, however if the legislation is silent on the subject, then the presumption is that it is not. As currently proposed there would be approximately 500 SF of BVW altered to accommodate new bridge footings. The alteration would necessitate the replication of the BVW on the Hanson side of the river. MH Staff has indicted that the proposed plans are under review with an eye toward revising the design to eliminate the alteration. Staff will continue to monitor and work with MH and the Hanover Conservation Department as the pr oject progresses.
Ball Field Update – Indian Head Street
Mr. Vacca reported that a representative from the Hanson Little League met with Conservation Staff regarding the proposed site work at the new field. Staff stated that if the proposed work was more than 100 feet from any wetland resource area then no permit is required from Conservation. The project will still require Site Plan Approval from the ZBA before any work is initiated (Robinson Street Field also required Site Plan Approval setting the precedent fro this project).
Taunton River Watershed Campaign – Winter Program Series
The TRWA is presenting environmental and ecological talks and field walks over the winter. The information is in the mail file if anyone is interested.
GIS Progress –Private Well Database & Land Use Maps
The senior citizen in the STAP program has started to compile a database of the private wells in town and information of the depth, yield, use, geology and statigraphy of said wells. That data combined with the GIS program will highlight those parcels with that information. The geological data will allow us to perform analyses as time progresses. Also, Mr. Vacca has made great strides with respect to putting together some land use maps. He has taken the excel
spreadsheets from MapWorks and combined it with our own open space information. It is the goal to put together a map with all the open space and town-owned parcels and to create trail maps.
By-Law Revision Draft
Wetlands Protection Flyer
Old Business/New Business
MACC Annual Conference/Registration Fees- signed
Dorr’s Print/Bill – signed
MapWorks/Invoice #10 – signed
Agent/Mileage – signed
Agent/supplies – signed
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