HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 8, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Vice Chairman
John Kemmett, Member
John Murray, Member
Absent: Philip R. Lindquist, Chairman
David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of August 11, 2009
Motion to approve minutes of 8/11/09: John Kemmett
Second: John Murray
Vote: 3-0-0
Minutes of August 25, 2009
Motion to approve minute of 8/25/09: John Kemmett
Second: John Murray
Vote: 3-0-0
Appointments
7:30 PM Appointment with Alan Osgood to discuss the completion of the Indian Head Boat Ramp and the repair of the control structure at Camp Kiwanee.
Mr. Osgood appeared before the Commission to recap the situation with the control structure at Maquan Pond, specifically located adjacent to Cranberry Cove at Camp Kiwanee. He came before the Commission three years ago to complain about the increase of the pond level and the alleged damage to his property. He was concerned that if we had another wet Fall, there may be another problem with flooding. He wondered why it was taking so long to fix.
Mr. Vacca answered that one of the reasons might be financial considerations. But worthy of noting, the boat ramp downstream has been repaired, except for one more load of stone to be dispersed by the Water Department. Once the boat ramp is done, probably within the next two weeks, the owner of Edgewood Bogs will turn over the deed of the control structure to the Town so that Town Counsel can review it. Once the Town has ownership, the Commission will resume a discussion with Al Hanscom, the Town Engineer, about a scope of services for the repair of the control structure. The Town will have to acquire a permit and have a public hearing.
Mr. Osgood doesn’t want this issue to stagnate any longer than necessary. Mr. Vacca suggested that we reconvene on the matter at the first meeting in October.
Public Hearings
7:45 PM Notice of Intent for a proposal for the construction of an attached single car garage to an existing single family dwelling within 100-feet of a Bordering Vegetated Wetland at 242 Maquan Street, Map 70, Lot 19 for Jacklyn O. Foster (DEP #SE175-0575) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Ms. Foster made the presentation for a proposal to construct an attached single car garage to her house. She submitted a revised plan per Mr. Vacca’s comments that denoted a locus, an erosion control detail and a mitigation plan for disturbance within the 50-foot buffer zone. She also submitted field data forms and a functions and characteristics statement. She stipulated that the plan had received a variance from the Zoning Board and had been approved by the Board of Health. Mr. Vacca’s only comment was that the erosion control (haybales) be relocated directly around the limit of work.
Motion to approve variance from the 50-foot no disturb setback: John Kemmett
Second: John Murray
Vote: 3-0-0
Motion to approve an Order of Conditions pending receipt of a revised plan demonstrating a revision to the erosion control: John Kemmett
Second: John Murray
Vote: 3-0-0
8:00 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)
Motion to continue to 9/22/09 at 7:30 PM per request of applicant: John Kemmett
Second: John Murray
Vote: 3-00
8:15 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)
Motion to continue to 9/22/09 at 8:15 PM per request of applicant: John Kemmett
Second: John Murray
Vote: 3-0-0
Request for Certificate of Compliance/Minor Correction
Request for a Certificate of Compliance for an Order of Conditions at 52 Richard Road, Map 80, Lot 54 for Paul Anderson (DEP #SE175-0486)
Motion to approve and issue a Certificate of Compliance: John Kemmett
Second: John Murray
Vote: 3-0-0
Request for a Minor Correction to an Order of Conditions for 294R Monponsett Street, Map 31, Lot 13-1 for Mohammed Nahas (DEP #SE175-0568)
Motion to require a Request for an Amendment to an OOC: John Kemmett
Second: John Murray
Vote: 2-1-0 (Frank Schellenger against)
Request for a Minor Correction to an Order of Conditions for 81 Ocean Avenue, Map 2, Lot 1501 for Kevin Smith (DEP #SE175-0487)
Mr. Smith attended the meeting to explain that he needs a fence to keep the “paparazzi” from relentlessly taking pictures of him. He said there was no alternative. Mr. Vacca read his comments from the agent report into the record. He recommended that if the Commission permitted a fence, that it be installed leaving 6-8 inches underneath to allow for small mammal migration. Mr. Smith said he wouldn’t do that because if he did, his three pit bulls would escape into the neighborhood.
Motion to deny a Request for a Minor Correction to an OOC: John Kemmett
Second: John Murray
Vote: 3-0-0
Mr. Smith left the meeting room in anger, yelling “See you in Court” and shouting obscenities.
Extensions
One-Year Extension to an Order of Conditions for Stonebridge Commons, Liberty & Winter Streets, Map 90 & 91, Lots 5 & 5A, 14 & 16 for Evergreen Properties, LLC and Glenwood Investments, LLC (DEP #SE175-0396) – signed
Request for a 30-day Extension to an Order of Conditions for 81 Ocean Ave., Map 2, Lot 1507 for Kevin Smith and Susan Sanders (DEP #SE175-487)
Motion to allow a 6-month Extension to the OOC so that Mr. Smith can finish up his project: John Kemmett
Second: John Murray
Vote: 3-0-0
Discussions
Memo from Meredith Marini, Town Administrator regarding a request for a volunteer from the Conservation Commission for the newly formed Energy Committee - John Kemmett volunteered to be the representative for the Conservation Commission. Becky will draft a memo to Mrs. Marini.
Webster-Billings Conservation Area Management Plan
Motion to approve the 2009 Plan as written: John Kemmett
Second: John Murray
Vote: 3-0-0
Webster-Billings Signs
Ms. Nehiley reported that the signs were delivered and after a discussion with John Kemmett, it was determined that he would coordinate with Phil Lindquist and Phil Clemons, Open Space Chairman, to have the signs installed.
Indian Head Boat Ramp
Motion to approve purchase of a load of stone from Casoli’s with Monies from the Conservation Fund: John Kemmett
Second: John Murray
Vote: 3-0-0
Purchase of sign for Boat Ramp
Motion to purchase 2 or 3 signs for the Indian Head Boat Ramp which is officially called the “Marcus L. Urann Fisherman’s Landing” with Monies from the Conservation Fund: John Kemmett
Second: John Murray
Vote: 3-0-0
Pond Study - Mr. Vacca requested an amendment to the preliminary budget to authorize the purchase of a boat and a sonar unit that will interface with our GPS unit.
Motion to approve the additional expense to be paid from the Notice of Intent Fund: John Kemmett
Second: John Murray
Vote: 3-0-0
Old Business/New Business
Quality Name Plate/bill – signed
Clipper Press/bill – signed
MACC/bill – signed
Dorr’s Print, Inc/bill – signed
Adjournment
Motion to adjourn at 9:15 PM: John Kemmett
Second: John Murray
Vote: 3-0-0
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