HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 24, 2009
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:30 PM under M.G.L. c 131, §40 and the Hanson By-Law 3-13, §5 and Rules and Regulations 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
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Joint Meeting Minutes, December 8, 2008
Motion to accept: David Harris Second: John Kemmett
Vote: 3-0-1 (Frank Schellenger abstained)
Minutes of December 16, 2008
Motion to accept: David Harris Second: Frank Schellenger
Vote: 3-0-1 (Phil Lindquist abstained)
Minutes of January 27, 2009
Motion to pass over until 3/10/09: David Harris Second: Frank Schellenger
Vote: 4-0-0
Appointment
7:30 PM Mr. Robert "Bud" Colburn Discussion of Indian Head Pond development activities and submission of formal compliant
Mr. Colburn attended the meeting to allege that Mr. Brian Young, an abutter on the pond, had backfilled an outcropping into a 30-foot peninsula. He also alleged that Mr. Young had been doing this for years in violation of the Wetlands Protection Act. Mr. Vacca commented that he had been to the Pembroke Town Hall to speak with the Conservation Agent. The Agent confirmed that said peninsula had been documented on plans dating back to 1962. Mr. Colburn insisted that Mr. Young had made the peninsula wider. Mr. Lindquist was of the opinion that Hanson has jurisdiction to the edge of the pond. Mr. Vacca was advised to continue a conversation with and re-engage the Pembroke Conservation Agent pertaining to Mr. Colburn’s complaint and the evidence he had produced.
Motion to pursue a conversation with Pembroke Conservation: David Harris
Second: John Kemmett Vote: 4-0-0
Public Hearings
7:45 PM Continued 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 #SE175-0565)
Steve Wry of Land Planning, Inc. explained that Mr. Earner was seeking permission to accommodate another single-family house lot per a plan dated 11/4/08 and revised 2/4/09. As per request at the previous meeting, Mr. Wry also submitted a copy of the regulations stipulating that the Stormwater Management Act was not applicable to four or fewer lots. Mr. Wry also requested that the revisions to the lot lines be accepted as “Minor Corrections” to the previous three Orders of Conditions in accordance with Condition #24 of all three Orders. In addition to the changes in the lot lines, some of the changes to the original approved plans included: 1. Less disturbance within the buffer zone. 2. Access easements created for two lots.
3. Addition of five additional conservation cedar posts. 4. A well had been moved out of the 100-foot buffer zone. Mr. Schellenger requested that Mr. Wry submit a revised copy of the three Orders of Conditions demonstrating the minor corrections to the lot lines.
Motion to approve the changes to the lot lines as a “Minor Correction” on the Order of Conditions (DEP #SE175-469, 470 & 471): David Harris
Second: Frank Schellenger Vote: 3-1-0 (John Kemmett against)
Motion to approve and issue an Order of Conditions for Lot 3A, Lakeside Road with SFH Conditions: David Harris
Second: Frank Schellenger Vote: 3-1-0 (John Kemmett against)
8:00 PM Notice of Intent for the construction of Bio-retention areas and overflow for stormwater management for a 5-lot subdivision including all excavation, filling, grading, planting and associated surface restoration at 131 East Washington Street, Map 99, Lot 1A for Jack Vaughan represented by P.M.P. Associates, LLC, 200 North Bedford Street, East Bridgewater, MA 02333 (DEP #SE175-0567) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Mike Perrault of P.M.P. Associates made the presentation for a bio-retention basin located in the 50’ to 100’ buffer zone of a resource area within a proposed five-lot subdivision. The roadway is situated outside of conservation jurisdiction. He explained that the basin was subject to the State Stormwater Management Act and the system was designed to be in compliance with DEP regulations. His company had evaluated the drainage patterns in the area and the roadway and designed a retention area intended to recharge stormwater in accordance with “Low Impact”
development. The basin itself will be planted with at least three species of trees, plants and shrubs and will have three over-flows lined with rip-rap. Mr. Harris read the abutters list. Those present were:
Jack and Katherine Vaughan, East Washington Street – no comment
Walter and Judith Lesnik, Captain Nathaniel Drive – Mrs. Lesnik was concerned about flooding due to the loss of trees and with the maintenance of the retention basin. Mr. Perrault explained that the SWM study included calculations for an increase in water and that the post construction
maintenance would be the responsibility of a homeowners association or through an easement turned over to the Town. Mr. Lesnik was concerned that water freezing in the basin would inhibit infiltration. Mr. Perrault assured him that the bottom of the basin was sandy and would remain porous.
Steven and Nicole Gorman, Captain Nathaniel Drive - Mr. Gorman inquired where the runoff from two of the five lots would go. Mr. Perrault answered that they would eventually have to come back before the Commission for permitting because those house lots would be within conservation jurisdiction.
Mr. Vacca recommended approval and issuance of an Order of Conditions for the proposed bio-retention basin.
Motion to close the hearing and issue an Order of Conditions: Frank Schellenger
Second: David Harris Vote: 4-0-0
8:15 PM Notice of Intent for the construction of a new house, septic system, driveway, utilities, site grading and landscaping of disturbed areas at Monponsett Street (rear of #294), Map 31, Lot 13-1 for Mohammed Nahas represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0568) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Wry initiated the presentation by explaining that Mr. Nahas had filed previously, received approval and had allowed the Order of Conditions to expire. The wetland was re-flagged on 12/2/08 by Sharon LePorte. The revised plan was identical except that part of the driveway had been pulled out of the 50-foot buffer zone. The septic had received Board of Health approval. Mr. Vacca recommended that a Certificate of Non-Completion be issued for the previous filing because work had never commenced on the project. No abutters were present.
Motion to issue a Certificate of Non-Completion for DEP #SE175-349: Frank Schellenger Second: David Harris
Vote: 4-0-0
Motion to close hearing and issue an Order of Conditions with SFH conditions: Frank Schellenger Second: David Harris Vote: 4-0-0
8:30 PM Notice of Intent for the upgrade of a residential septic system and drainage improvements within 100 feet of a bordering vegetated wetland at 274 King Street, Map 115, Lot 2 for Charles Scheller represented by Collins Engineering Group, Inc., 225 South Main Street, West Bridgewater, MA 02379 (DEP #SE175-0566) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. George Collins offered a proposal for a septic upgrade and drainage improvements. The flagging was performed by Dr. Walter Hewitson on 11/26/08 that included a drainage ditch to the left of the
driveway connecting to a stream running up the left side of the lot. The septic system is proposed outside of the 50-foot buffer zone. Mr. Collins also proposed on behalf of Mr. and Mrs. Scheller, who were in attendance, to fill in, grade, and loam and seed a low area in the front yard
that ponds up during heavy rain. In addition, they want to replace a culvert pipe under the driveway for which a trench permit must be obtained from the Highway Department. As mitigation for work within the 50-foot buffer, the Scheller’s have proposed three tree-box filters (dry-wells) to collect roof-runoff and basement flooding. Mr. Vacca recommended approval of the septic system and the tree-boxes provided that the one in the front that accommodates the sump pump discharge is pulled out of the 50-foot buffer resource area because of the possibility of contamination. Mr. Vacca was not in favor of filling the depression and recommended the use a larvacide for mosquito control. Mr. Collins reiterated that the Scheller’s felt strongly about leveling out the yard. They presented pictures of past flooding. Mr. Kemmett suggested that a rain garden in that area would be an environmentally viable solution.
Motion to continue hearing to 3/10/09 at 7:45 PM pending a site inspection: Frank Schellenger Second: David Harris Vote: 4-0-0
Orders of Conditions
Orders of Conditions for the installation of septic system and leaching field at 23 Wagon Trail, Map 113, Lot 46 for Paul Taber, Sr. (DEP #SE175-0564) – signed and issued 2/11/09
Extension Requests
Request for a one-year Extension for 684 Pleasant Street (Lot 2), Map 8, Lot 4 for Deborah Lewis (DEP #SE175-0455)
Motion to issue a one-year Extension: David Harris
Second: John Kemmett Vote: 4-0-0
Request for an Extension for 81 Ocean Ave for Kevin Smith (DEP #SE175-0487)
Mr. Vacca reported that Mr. Smith’s Order of Conditions was set to expire on 3/15/09. Mr. Smith, in attendance, exclaimed that he needed at least 90 days to finish up the outside work. Mr. Lindquist reprimanded Mr. Smith for not completing the work within the 3-year time period
allowed under an Order of Conditions citing it was plenty of time to complete a project of this size. Mr. Vacca recommended a 3-6 month extension.
Motion to extend the OOC for 6 months to expire on 9/15/09: David Harris
Second: John Kemmett Vote: 4-0-0
Request for a one-year Extension for 291 Winter Street for Mark Ridder (DEP #SE175-0493)
Motion to postpone Request until meeting of 3/10/09 pending research: David Harris
Second: John Kemmett Vote: 4-0-0
Certificate of Compliance
Request for Certificate of Non-Completion for 294R Monponsett Street, Map 115, Lot 2 for Mohammed Nahas (DEP #SE175-349) – signed (see vote above)
Request for Certificate of Compliance for 50 Pearl Street, Map 99, Lot 71 for Gail Devine (DEP#SE175-0393)
Motion to issue Certificate of Compliance: David Harris
Second: John Kemmett Vote: 4-0-0
Blanket Permits
Ocean Avenue, Lot 1520 for Charles Montgomery
Mr. Montgomery purchased a parcel across the street from Barbara Spencer next door to Dean Anderson. Mr. Anderson has encroached onto this property by 10-15 feet and will have to address this issue when he files a new NOI. Also, a lot of Mr. Anderson’s junk is on this property. Mr. Montgomery requested through the Blanket Permit process to install a “No Dumping” sign. Mr. Vacca approved it.
Enforcement
71 Ocean Ave – Violation Notice 2203 ($100 to $300)
Mr. Montgomery admitted to having a diseased tree cut down that was less than 10-feet from the pond. He said he would be will to pay the fine because he is still planning on doing the shoreline restoration. Mr. Montgomery said he would agree to replant trees of the same species (Oak) and equivalent diameter as the Commission usually requires.
Motion fine Mr. Montgomery $300.00 for unauthorized tree cutting: David Harris
Second: Frank Schellenger Vote: 4-0-0
Discussions
Resignation Letter from Ron Grattan, Member
Mr. Lindquist read Mr. Grattan’s resignation letter into the record effective 2/24/09 a copy of which is attached to these minutes.
Motion to accept resignation: David Harris
Second: John Kemmett Vote: 4-0-0
Trust for Public Lands – withdrawal from Open Space Activities
Mr. Vacca reported that because of budget and staff cuts at TPL, they had withdrawn their offer to work with the Town on land acquisition. However, The Wildlands Trust of Duxbury has agreed to take over.
Finance Committee Meeting
Mr. Vacca reported that representatives of the Commission and Staff have been invited by the Finance Committee to discuss the FY 2010 Budget on Tuesday April 7, 2009 at 8:15 PM.
Executive Session
10:00 PM Philip 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 enforcement and
pending land acquisition 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.
10:30 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 10:30 PM: David Harris
Second: Frank Schellenger
Vote: 4-0-0
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