HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 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: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of July 14, 2009
Motion to approve: David Harris
Second: John Kemmett
Vote: 4-0-0
Certificates of Compliance
Request for a Certificate of Compliance to an Order of Conditions for 185 Phillips Street, Map 50, Lot 146 for Joseph E. MacLeod (DEP #SE175-0238)
Motion to approve and issue a Certificate of Compliance: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Request for a Certificate of Compliance to an Order of Conditions for 269 Spring Street, Map 108, Lot 3 for Steve Nelson (DEP #SE175-0520)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Request for a Certificate of Compliance to an Order of Conditions for 15 Deer Hill Road Extension (formally Lot 10A), Map 102, Lot 7 &18-4 for P. Gallagher Homes, LLC (DEP #SE175-0530)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 4-0-0
Request for Certificate of Compliance to an Order of Conditions for 265 Indian Head Street, Map 47, Lot 7A for Susan Mills (DEP #SE175-0483) - Mr. Vacca recommended a denial because two blueberry bushes had died and need to be replaced. He suggested we revisit the issue in a year.
Motion to deny a Certificate of Compliance: John Kemmett
Second: David Harris
Vote: 4-0-0
Request for Extensions
Request for a One-year Extension to an Order of Conditions for 30 Holmes Street, Map 75, Lot 5-1 for Joyce and Anthony Kolacz (DEP #SE175-0495)
Motion to approve and issue a one-year Extension to expire 8/28/10: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Request for a One-year Extension to an Order of Conditions for 225 Waltham Street, Map 2, Lot 201 for Don Ellis (new owner) (DEP #SE175-0504)
Motion to approve and issue a one-year Extension to expire 8/9/10: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Public Hearings
7:45 PM Abbreviated Notice of Resource Area Delineation (ANRAD) to verify the validity of the boundary of a Bordering Vegetated Wetland at 46 Crescent Street, Map 79 Lots 13 & 13-1 prepared for Stephen Egan represented by John W. Delano & Associates, Inc. 220 Hudson Street, Halifax, MA (New Hearing) (DEP #SE175-0572)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. John Delano made the presentation. He reported that Dr. Walter Hewitson had reviewed the wetland and had requested changes to the line. Mr. Delano submitted a revised plan incorporating his comments and additional flagging. Of note was an area of a small depression that the owners had used to put tree limbs in. Dr. Hewitson determined it to be an Isolated Land Subject to Flooding, but deemed it not to be a vernal pool. Mr. Delano commented that because it was located within the 50-foot buffer zone, it was afforded protection. Mr. Lindquist asked for comments from abutters. Those present were:
Mary Puleo, Crescent Street – Mrs. Puleo was of the opinion that there was an intermittent stream running behind the property. Mr. Delano countered that it was probably a cranberry bog canal and additionally, it didn’t show on the Quadrangle Sheet.
Motion to approve the wetland line depicted on a plan revised 7/24/09: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Notice of Intent for an upgrade to an existing sewage disposal facility serving a single family dwelling within 100 feet of a Bordering Vegetated Wetland at 207 Phillips Street, Map 50, Lot 127 for Theresa Heneghen represented by John F. McGrath, Jr., J.F. McGrath & Associates, P.O.. Box 637, E. Sandwich, MA 02537 (New Hearing) (DEP #SE175-05___)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. The applicant had requested that the hearing be continued because they were awaiting Board of Health approval.
Motion to continue to 8/11/09 at 8PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
8:15 PM Notice of Intent for the demolition of the existing building, a portion of a proposed 2-unit condominium with on-site septic system and associated grading within 100 feet of a Bordering Vegetated Wetland and the riparian zones to a perennial stream at 1139 Main Street, Map 43, Lot 36A & 36B for Angelo D’Emilio, DEMCO Enterprises, Realty Trust, represented by Robert Crowell, Crowell Engineering, 191 Lakeshore Drive, Duxbury, MA 02332 (New Hearing)
(DEP #SE175-05__)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Bob Crowell made the presentation for two (2) 2-bedroom condominium units. The project is much smaller in scope than the previous proposal in an effort to minimize construction. Each unit has it’s own driveway, instead of one large parking lot to reduce the amount of pavement. In response to Mr. Vacca’s comments, Mr. Crowell provided a detail of the bio-retention cells, a construction sequence, erosion control detail and three (3) 50-foot buffer zone markers. Mr. Schellenger asked if the septic had been approved by the Board of Health. Mr. Crowell answered “No”, that they wanted to get “conservation issues squared away first.” Mr. Vacca commented that because it was a
redevelopment project, the idea was to make the area better than it is currently. He also reminded Mr. D’Emilio that the By-Law fee was due. Mr. D’Emilio paid the fee, but took issue with the revised buffer zone fee. He complained that because the fee had gone from .02 cents per square foot of disturbance to .50 cents, the fee went from a project cost of $185.00 to $4,454.00, in effect an almost 2,500% increase. He was of the opinion that this was exorbitant and a deterrent to redevelopment projects. Mr. Vacca informed Mr. D’Emilio that the Commission would address this issue after his hearing had concluded and they would have a more definitive answer for him after the meeting. Because the Board of Health did not approve this project, the hearing was continued. No abutters were present.
Motion to continue to 8/11/09 at 8:15 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Discussion
Revised Buffer Zone Fee – Mr. Vacca explained that since the By-Law fee revisions had gone into effect, a number of issues had come to light. He stated further that the reason for the buffer zone fee was to create a disincentive for altering a resource area. For new construction, the fee of .50 cents per square foot works very well. However, upon reflection, a homeowner that has to repair a failing septic system under state mandated regulations, an extra fee might be cost prohibitive. Also, Ms. Nehiley pointed out that a septic repair was an improvement to an area and suggested that no buffer zone fee should be assessed. In regards to redevelopment projects, Mr. Vacca was of the opinion that because a degraded area would be improved, an incentive to developers to take
on such projects would be a reduced fee with a cap of a $1,000.00. The Commission wanted time to review the new fee revisions, but agreed on the reduced fee for Commercial and Industrial redevelopment projects.
Motion to approve reduced fee of .25 cents per square foot of flood plain or buffer zone disturbance for redevelopment of a previously disturbed or degraded area with a cap of $1,000.00 (whichever is less): David Harris
Second: Frank Schellenger
Vote: 4-0-0
The Webster-Billings Conservation Area – Ms. Nehiley and Mr. Vacca had prepared a draft Open Space Management Plan for the Commission to take home and review. Also, Ms. Nehiley had researched the cost of having some trail head signs made for the property. Quality Name Plate, Inc., the company that produced our conservation markers, offered a reasonable price of approximately $185.00 for 3-4 aluminum custom signs.
Motion to approve the purchase of conservation signs: John Kemmett
Second: David Harris
Vote: 4-0-0
Purchase of Nathaniel Thomas Mill
Mr. Lindquist presented copies of the Community Preservation Committee application for the purchase of the Mill property for the Commissioner’s review. The property begins at the headwaters of the Indian Head Brook and allows access to a vast area of conservation land. He surmised it would be a great place to put in a trail (a green riverway) in the future. The area is stagnant, not much going on with it, but they have rejuvenated the Mill Committee which now has five members. Mr. Kemmett suggested that more information may come to light at the upcoming CPC meeting and due diligence should be made with respect to some unanswered questions.
Adjournment
Motion to adjourn at 8:35 PM: David Harris
Second: Frank Schellenger
Vote: 4-0-0
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