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Conservation Minutes, May 12, 2009
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 12, 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 Selectmen’s Meeting Room 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 28th, 2009

        Motion to approve:  David Harris
        Second:  John Kemmett
        Vote:   4-0-0


Requests for Certificates of Compliance

Request for Certificate of Compliance for 712 Monponsett Street, Map 7, Lot 1640 for Guy Thompson  (DEP #SE175-0541)

        Motion to approve and issue:  David Harris
        Second:  John Kemmett
        Vote:  4-0-0
Request for Certificate of Compliance for 1034 Franklin Street, Map 86, Lot 1 for Pierre & Gail Monfils (DEP #SE175-0450)  

        Motion to approve and issue:  David Harris
        Second:  John Kemmett
        Vote:  4-0-0


Orders of Conditions/Determinations

Determination of Applicability for Camp Kiwanee, Map 54, Lot 9 for the Recreation Commission –  signed
Order of Conditions 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) – signed

Blanket Permits  

Map 50 Lot 32 Phillips St – Perc Test; performed May 4, 2009
Mr. Vacca reported that the excavation of four test holes for perc tests were actually outside of jurisdiction of Conservation.  There was a possibility that a fifth test pit would be within the 100 foot buffer zone, but as it turned out, it was not necessary.  
176 Catherine St – Installation of a temporary fence along drain easement
Mr. Vacca explained that a Blanket Permit was issued today for a temporary fence along a drainage easement to demarcate the property line/drain line and that can be easily removed.

Enforcement

Colburn v. Young – Indian Head Pond
Mr. Vacca reported that in response to Mr. Young’s allegations at the last meeting, he had spoken with Kathy Kiley of the Enforcement Division for the DEP.   After discussion with her superiors, it was decided that the trailer in question was not in violation of the Wetlands Protection Act in and of itself.  Therefore, DEP would prefer it elsewhere, but would not pursue the matter. As for the accumulation of the boats, junk and debris, Mr. Colburn asserts that they are on someone else’s property.  He gave the name of that person to Rich Vacca.
60 Bowker Avenue
Mr. Vacca reiterated that in response to an Enforcement Order at the above-mentioned property, the owners were required to and have restored an area and installed a basic system for stormwater drainage away from their neighbor’s property. The neighbors now allege that unauthorized tree cutting took place and want corrective action taken. Mr. Vacca recommended that the neighbor’s pursue this as a private matter and to seek legal resolution as opposed to re-opening this case.

        Motion as per recommendation of the Agent:  David Harris
        Second:  Frank Schellenger
        Vote:  3-1-0 (John Kemmett against)

61 Ocean Avenue Vegetation removal along pond shore without authorization

Motion to issue Enforcement Order:  David Harris
        Second:  John Kemmett
        Vote:  4-0-0

16 Upton Street – dumping of lawn debris into resource area

Motion to issue Enforcement Order:  David Harris
Second:  John Kemmett
Vote:  4-0-0

154 Catherine St – Unauthorized earth moving with out authorization
·       Letter sent to owner


Brockton Water Department – Emergency Certification for Main Street waterline work and Memorandum of Agreement (MOA)
·       Mr. Vacca reported that after a water main break on Main Street, the Brockton Water Department had released some water within conservation jurisdiction during repair.  After an inspection, it was determined that the wetlands were not affected adversely, but some water had ponded and filled up a catch basin behind Firehouse #2.  Mr. Vacca placed a phone call to them, but has not heard back as yet.  He is going to urge them to apply for an Emergency Certification and file an After-the-Fact Notice of Intent for the work that was done within jurisdiction.  Eventually, he would like to enter into a MOA with the Brockton Water Department for these types of situations.

Public Hearings

7:45 PM  Request for Determination of Applicability for the installation of two 40-foot long boat ramps at the edge of Indian Head Pond and the re-grading of the access road to the existing boat launch area at 0 Shore Indian Head Pond, Map 53, Lot 1 for the Town of Hanson, 542 Liberty Street, Hanson, MA represented by Beta Group, Inc., 315 Norwood Park South, 2nd Floor, Norwood, MA  02062   (New Hearing)

Frank Schellenger read the Public Hearing Notice and the abutters were verified.  Al Hanscom of Beta Group, Inc. made the presentation.  He started by handing out a picture of the access road, explaining that the first phase of the project would be leveling out the hump in the roadway. The second handout was a detail of the boat ramp which had been modified to 30’ in length and 10’ wide, the pieces of which are bolted together and anchored into the shoreline.  The depth of the ramp will be 3 feet at the end of the ramp.  A third sketch showed a low area that shall be filled with gravel to stabilize and improve the site. In addition, in the event that boulders need to be moved during installation, a turbidity curtain is proposed to prevent sedimentation into the pond.  Mr. Hanscom suggested that Mr. Vacca be present during the installation of the ramps. Mr. Lindquist asked for comments from abutters.  Those present were:

John Dolbec, Gardner Lane, Pembroke – commented that the water level in the pond is “phenomenally” high.
Ilse Garriss, Indian Head Street –No comment but said the pond is not unusually high.
Melissa Sullivan, Indian Head Street – had a couple of questions about the size of the ramp and the turbidity curtain.  
Mary Sullivan, Indian Head Street – was concerned about the water level of the pond and the possible increase in the use of boats.

Mr. Kemmett inquired about the availability of parking.  Mr. Hanscom said that there was ample parking along the gravel access road.  Mr. Lindquist suggested that Mr. Vacca conduct an investigation into possible reason(s) for the purported high level of the pond.

Motion to close the Public Hearing and issue a Neg. 3 Determination of Applicability with special conditions:  David Harris
        Second:  Frank Schellenger
        Vote:  4-0-0


Old Business/New Business

Clipper Press/bill – signed


Adjournment

Motion to adjourn at 8:35 PM:  David Harris
        Second:  Frank Schellenger
        Vote:    4-0-0