HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 11, 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
John Murray, New Member (appointed 8/11/09)
Minutes
Minutes of July 28, 2009
Motion to approve: David Harris
Second: John Kemmett
Vote: 4-0-0
Executive Session Minutes of June 30, 2009
Motion to approve but not release: John Kemmett
Second: Frank Schellenger
Vote: 3-0-1 (David Harris abstained)
Appointment
7:30 PM Appointment with Charles Montgomery, 71 Ocean Avenue to discuss modification to an enforcement action
Mr. Montgomery requested permission to modify a requirement to plant trees to replace a large oak tree that was cut down, within jurisdiction, for which an enforcement order was issued earlier this year. Mr. Montgomery iterated that he had paid a fine for the violation and also cleaned up a small oil spill in his driveway. He also argued that as part of his shoreline restoration plan, he was already required to plant a number of trees, shrubs and wetland grasses. For those reasons, he asked that the number of replacement oak trees be reduced.
Motion to approve as a minor correction to the plan, the planting of three (3) extra trees in the restoration area from the native species list: David Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:45 PM Request for Determination of Applicability for the repair of a septic system for an existing single family dwelling at 25 Robinson Street, Map 42, Lot 44B for Rhonda Read represented by Vautrinot Surveying, Inc., P.O. Box 144, Plympton, MA 02367 (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Al Vautrinot made the presentation for a septic system repair. The proposed leaching field is outside the 100-foot buffer zone. However, the old cesspool is to be removed and the 1500-gallon tank and pump chamber are to be installed within the 50-foot buffer zone. Mr. Kemmett asked if there was a compelling reason why a Notice of Intent was not filed since part of the work takes place within the 50-foot buffer. Mr. Vautrinot responded that it’s a simple project, they’re not altering wetlands and they’re using erosion control. Also, the yard is relatively flat and it is a previously disturbed area. Mr. Vacca, reading from his agent report, stated that if the Commission found the presentation
to be satisfactory enough to prove that the work described in the Request does not alter an Area subject to protection under the Act, then they should issue a Neg. 3 Determination. Otherwise, the Commission could require the applicant to file a Notice of Intent. No abutters were present.
Motion to allow variance to work within the 50-foot buffer zone as per the approved plan: Frank Schellenger
Second: David Harris
Vote: 3-1-0 (John Kemmett against)
Motion to approve and issue a Neg. 3 Determination of Applicability with small project conditions: David Harris
Second: Frank Schellenger
Vote: 3-1-0 (John Kemmett against)
Mr. John Murray, newly appointed Conservation Commissioner, arrived at the meeting and was introduced and welcomed by the Commission. He took a seat and got right to work.
8:00 PM Continued 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 Henaghen represented by John F. McGrath, Jr., J.F. McGrath & Associates, P.O.. Box 637, E. Sandwich, MA 02537 (DEP #SE175-0574)
John McGrath made the presentation for the replacement of an existing septic system. The plans have been Board of Health approved. He explained that the site was surrounded by BVW and the location of the system was determined by the water table. Some of the grading for the field was located within the 50’ buffer zone (bz). Mr. Schellenger was of the opinion that every effort should have been made to move the system entirely outside of the 50’ bz . Mr. Vacca had a few additional comments that were listed in his report. A letter from the applicant requesting a waiver from the buffer zone disturbance fee was read into the record (attached). Mr. McGrath asked for direction from the Commission. Mr. Lindquist summarized that he try to move the grading outside
of the 50’ bz and possibly put a shallow, modular retaining wall in.
Motion to continue to 8/25/09 at 8:30 PM pending changes to the plan and response to agents comments: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:15 PM Continued 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 (DEP #SE175-0573) – continued per request of applicant to 8/25/09 at 8:15 PM
Motion to continue to 8/25/09 at 8:15 PM per request of applicant: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Requests for Certificates of Compliance
Request for a Certificate of Compliance to an Order of Conditions for 23 Wagon Trail, Map 113, Lot 46 for Paul Taber, Sr. (DEP #SE175-0564)
Motion to approve and issue: David Harris
Second: John Kemmett
Vote: 5-0-0
Request for a Certificate of Compliance to an Order of Conditions for 558 East Washington Street, Map 106, Lot 9-2 for Anne Williams (DEP #SE175-0550) - Mr. Vacca reported that an inspection of the mitigation for the removal of nuisance vegetation revealed that two of the blueberry bushes had died and need to be replaced, the conservation posts were installed incorrectly and there was evidence of erosion. For those reasons, he recommended a denial of a certificate of Compliance at this time.
Motion to deny a Request for a Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 5-0-0
Order of Resource Area Delineation
Order of Resource Area Delineation for the approval of the wetland line at 46 Crescent Street, Map, Lot for Stephen Egan (DEP #SE175-0572) - signed
Discussions
Hanson Pond Study
Mr. Vacca presented a project outline for a long-term study of the nine ponds located in Hanson. Samplings would be conducted monthly from March through November and a report prepared and submitted to the Conservation Commission, the Selectmen and the Planning Board on an annual basis. Using the data gleaned from the testing, decisions regarding land use and development would be based on quantitative information and trend analysis. Mr. Vacca had prepared a preliminary budget proposal to purchase equipment required for testing and supplies.
Motion to request from the Selectmen use of the Notice of Intent Fund to purchase testing equipment and supplies: David Harris
Second: John Kemmett
Vote: 5-0-0
Open Space Management Plan/Webster Billings Property
Mr. Vacca asked if there were any comments on the draft copy of the plan. Mr. Harris commented that it was a good start. Mr. Vacca reported that Becky, Phil and himself had visited the property last week using the GPS system to locate some of the bounds and most of the trails. Taking that data and putting it onto the GIS system, we should be able to come up with a trail map. John Kemmett suggested that we use metal posts for the signs that are on order.
Indian Head Boat Ramp
Mr. Vacca updated the Commission of progress being made in regards to the installation of the Town Boat Ramp. He worked with Town Engineer, Al Hanscom and Jerry Davis from the Water Department and the concrete ramps had been laid in over a period of two days into the pond. Thursday, the work shall continue to install an erosion control fabric and stone delivered to do the final grading and the roadway. The silt curtain worked out very well when scraping away the organic material at the shoreline. Mr. Harris suggested that a couple of floats be installed at the end of the boat ramp to use as perspective for boaters.
Adjournment
Motion to adjourn at 9 PM: David Harris
Second: Frank Schellenger
Vote: 5-0-0
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