HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 28, 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
Minutes of April 14th, 2009
Motion to approve: John Kemmett
Second: David Harris
Vote: 4-0-0
Requests for Certificates of Compliance
Certificate of Compliance for 87 Wagon Trail, Map 113, Lot 49 (DEP #SE175-0464) - signed
Certificate of Compliance for 141 Wagon Trail, Map 120, Lot 55 (DEP #SE175-0563) - signed
Certificate of Compliance for 157 Beechwood Road, Map 115, Lot 110 (DEP #SE175-0449) – signed
Discussions
Earth Day
Phil Lindquist reported that a lot of people attended Earth Day here at the Town Hall Green on Saturday, April 25th. The Conservation Commission gave out information on Vernal Pools and how to certify them. Also, brochures on the proper way to install Rain Gardens and maps of Town-owned Open Space and Conservation Land were distributed as well. Many people were interested to learn of the Burrage Pond Wildlife Management Area and availed themselves of information and maps of same. Coloring books and crayons were available to the young ones.
GIS System
Mr. Vacca updated the Commission as to the GIS system that was offered to Conservation through a State grant program. It has allowed Rich to collate information from the Highway Department (roadways, drainage, etc.), Assessor’s office (lot lines, ownership, etc.) and the State (geology, flood plains) into an integrated collection of data. Currently, Mr. Vacca is updating our database with Open Space information to transmit to the State. The State layers are updated every six to eight weeks with information received from the Towns. Conservation is also working with the Board of Health to locate the irrigation and drinking wells to add another layer to the database.
Public Hearings
7:45 PM Continued Request for Determination of Applicability for the removal of 33 dead trees on the water front and 2 live trees that are encroaching upon the lodge at Camp Kiwanee, Map 54, Lot 9 for the Recreation Commission represented by Maria McClellan, Camp Kiwanee, Route 58, Hanson, MA
Ms. Maria McClellan updated the Commission on the status of the culvert at Camp Kiwanee and said that it was flowing freely at the present time. She also explained that the Recreation Department had re-installed haybales to replace the ones that had fallen into disrepair. Therefore, Ms. McClellan felt they were in compliance. Ms. Sylvia Salas, an abutter, asked what any of this had to do with cutting down the trees.
Mr. Vacca took this opportunity to give some perspective on the situation. He explained that a “friendly” enforcement order had been issued to Camp Kiwanee because they had inadvertently clogged the outlet pipe to Maquan Pond last summer while re-nourishing the beach with sand. This raised the level of the pond, allegedly causing flooding. Under the EO, the Camp was allowed to clear the outlet structure of sand and install haybales to prevent further erosion. However, the outlet structure still needs repairing. The policy of the Commission is to deny a project if there is an ongoing enforcement issue.
Therefore, in order to rectify this situation, Edgewood Bogs, LLC, the owner of the outlet structure, will gift this small parcel (20’ x20’) of land to the Town of Hanson if the Town will repair the boat launch on Indian Head Pond. This will allow the repair of the control structure in turn. After meeting with the Town Administrator, Michael Finglas and Town Engineer, Al Hanscom, Mr. Vacca reported that the repair of the boat launch was imminent. Therefore, Mr. Vacca recommends approval of the tree cutting with the evidence that the Town was moving forward and urged the Commission to take that into consideration.
Motion to issue a Negative Determination with conditions: Frank Schellenger
Second: David Harris
Vote: 4-0-0
8:00 PM Continued Notice of Intent for the construction of a perimeter drain around the limits of the existing subsurface sewage disposal area for the Shaw’s Plaza Shopping Center, 430 Liberty Street, Maps 73, 81 & 82, Lot 7 for NP Hanson, LLC, c/o Northstar Centers, LLC, 532 Page Street Stoughton, MA 02072 (DEP #SE175-0569)
Mr. Tom French made the presentation and reiterated that the plan was approved by the Board of Health. Mr. French submitted a Functions and Characteristics Statement and a Request for Variance to work within the buffer zone to an isolated wetland area. This work included the placement of haybales and the installation of a wildlife enhancement area. In addition, Mr. French provided the drainage calculations that were requested at the last meeting. The perimeter drain will increase the water flow into the nearby catch basin by 3 gallons per minute during a storm which is less than four tenths of one percent. Mr. Vacca recommended approval of the project as the applicant had complied with all of the Commission’s requests.
Motion to approve a variance to work within the 50-foot buffer zone: David Harris
Second: John Kemmett
Vote: 4-0-0
Motion to close the hearing and issue an Order of Conditions: David Harris
Second: John Kemmett
Vote: 4-0-0
Appointments
8:15 PM Appointment with Brian Young to discuss trailer on Indian Head Pond
Mr. Young came to the meeting to present new information and evidence to the Commission regarding the property and trailer belonging to Mr. Raymond Reed and Mr. Bud Colburn respectively. He submitted more pictures that demonstrated accumulated junk and household debris, un-registered boats, lobster traps, tires, etc., all on the waters edge. He also alleged that Mr. Colburn was hand-spreading fertilizers and pesticides onto the bogs without the benefit of a control structure to Indian Head Pond, in effect polluting the water. He asked the Commission to 1) Enforce Mr. Colburn to remove the trailer. 2) Enforce Mr. Reed to clean up the property. 3) Enforce Mr. Colburn to stop working on the bogs until a water containment system is installed.
Mr. Kemmett asked if Mr. Colburn had a Farm Plan. Mr. Vacca answered, yes, but we don’t have a copy. Mr. Lindquist asked if water samples of the pond had been taken. Mr. Young replied that last fall, the Board of Health acquired and tested water samples and found high levels of potassium which promote algae growth. Mr. Lindquist said the Commission would investigate and also work with the other departments to try and resolve these issues.
Old Business/New Business
Reimbursement/Invoice – signed
Executive Session
8:50 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.
9:20 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 9:20 PM: David Harris
Second: Frank Schellenger Vote: 4-0-0
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