HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 30, 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
Absent: David Harris, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of May 26th, 2009
Motion to approve: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
Discussions
Letter of support from Conservation Commission to purchase Nathaniel Thomas Mill property with funding from the CPC (attached)
Motion to approve letter of support: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
Blanket Permit for 207 Phillips Street
Mr. Vacca reported that a blanket permit had been issued for test pits, the results of which indicated that the septic upgrade will be shifted closer to the resource area. Consequently, the applicant will be filing a Notice of Intent.
Indian Head Boat Ramp
Mr. Vacca reported that the concrete units for the boat ramp were delivered a couple of weeks ago. The Water Department had done some preliminary work, scraping away muck and doing some grading. However, the recent rainy weather has hindered completion of the project.
Memo from Meredith Marini regarding Conflict of Interest Seminar
Mr. Lindquist read a memo from Merry encouraging at least one member from each Town Department to attend a seminar held at the Hanover Town Hall on July 29th at 6:30 PM regarding recently passed sweeping ethics law reforms. Mr. Lindquist will attend.
Public Hearings
7:45 PM After-the-Fact Request for Determination of Applicability to repair a septic system for an existing single family dwelling at 413 Pleasant Street, Map 24, Lot 30A for Frank T. and Donna M. Vitello represented by Vautrinot Surveying, Inc., P.O. Box 144, Plympton, MA 02367 (New Hearing)
Frank Schellenger read the public hearing notice and the abutters were verified. Al Vautrinot made the presentation for a proposed septic repair, the result of a failed system. The owner had received emergency certification from the Board of Health to perform the work as the system meets the requirements of Title 5. No erosion control is needed because the lawn area slopes upwards and there is a rise separating the work from the resource area. All removed materials will be trucked away immediately and not be stockpiled onsite. Mr. Vacca added that during a 6/18/09 site inspection, he authorized emergency certification to perform the work because there was an issue with public health and safety. Mr. Kemmett requested that orange fencing material be placed at the limit of work.
Although the work was permitted, Mr. Vautrinot said it has not commenced.
Motion to approve and issue a Neg.3 Determination of Applicability with conditions: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
Appointments
8:00 PM Appointment with Joe Walsh to discuss a Request for Certificate Compliance for Deerhill Road (Local By-law #04-01)
Mr. Walsh attended the meeting to request that the as-built requirement under his Order of Conditions be waived. His engineer had prepared a letter explaining that the work permitted under his original Order, the cul-de-sac and a drainage basin, were removed and no longer existed because Deerhill Road Extension over-lapped Deerhill Road. Mr. Walsh argued that A.W. Perry would now have to show that area on their as-built when they Request a Certificate of Compliance at the completion of their project (DEP #SE175-452). Mr. Vacca also pointed out that we are in possession of a plan for Deerhill Road Extension, submitted by Merrill Associates that shows existing conditions and includes where the cul-de-sac and basin were originally located.
Motion to waive the as-built requirement for Deerhill Road: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
Motion to approve and issue a Certificate of Compliance: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
8:15 PM Appointment with Lisa Boyne to discuss a Restoration Plan for 154 Catherine Road
Ms. Boyne attended the meeting in response to an enforcement letter regarding a shed that had been placed within conservation jurisdiction without authorization. Mr. Vacca, on Ms. Boyne’s behalf, explained that some site work had been performed and yard waste disposed of in close proximity to the resource area. After Mr. Vacca met with Ms. Boyne and her consultant in the field, the wetland was delineated and a restoration plan was prepared. The proposal calls for the removal of fill piles, brush, etc. with the use of a small bobcat, seeding the area with a conservation seed mix and the placement of four conservation posts to demarcate the 50-foot buffer zone to be maintained in perpetuity.
Motion to approve Restoration Plan as proposed: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
8:30 PM Appointment with Steve Wry of Land Planning, Inc. to discuss a Request for a Partial Certificate of Compliance for 11 Christopher Lane, Lot 5 for Ron McGann (DEP #SE175-0500)
In response to a site inspection by Mr. Vacca during which time he observed erosion and siltation into the buffer zone, Mr. Wry presented a revised plan demonstrating a storm trench, 2-feet deep and 3-foot wide, to pick up the sheet flow from the driveway during a rainstorm. He also submitted drainage calculations to accommodate a 10-year storm. He further
explained that the landscaping will be completed and the slopes stabilized after hydro-seeding.
Motion to deny a Request for a Partial Certificate of Compliance without prejudice and allow proposed work to proceed under a minor correction to the approved plan: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
Enforcement
16 Upton Street
Mr. Vacca reported that as a result of enforcement action for filling in the buffer zone to a stream , a restoration plan was prepared by Ms. Sharon LePorte for Mr. William Severse. Ms. LePorte suggested that after the fill is removed and disposed of offsite, Japanese Knotweed (Polygonum Cuspidatum) is planted to stabilize the bank as it already exists onsite. The Commission suggested that Ms. LePorte recommend an alternative planting as the knotweed is considered invasive.
Old Business/New Business
Mileage re-imbursement – signed
Quality Name Plate/conservation plaques – signed
GPS unit/bill – signed
GPS software/bill – signed
Mr. Vacca reported that a hand-held GPS Garmin 400-T unit was purchased with funds left over in the expense line, to help map our open space parcels. Information gathered from the Garmin can be downloaded into the computer’s ArcView System with the accompanying software that has a map-making function. Mr. Vacca already mapped the Rocky Run Conservation Area to create a prototype trail map. The goal is to create trail maps with the correct coordinates, mark the trails with our conservation plaques and to provide the public with this information in accordance with our new Open Space and Recreation Plan.
MapWorks/bill – signed
Executive Session
8:55 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 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.
9:45 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 9:45 PM: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
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