HANSON CONSERVATON MINUTES
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 10, 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
John Murray, Member
Also Present: Philip Clemens, Associate Member
Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of October 27, 2009
Motion to approve: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
Appointment
7:30 PM Appointment with Alan Osgood to discuss the repair of the control structure at Camp Kiwanee
Mr. Osgood was not present for the meeting, however Mr. Vacca updated the Commission on the status of the outlet structure. The contractor came back on Friday last week to do another cleaning using a check dam. Edgewood Bogs (EB) pulled boards downstream and the water is now flowing. Also, EB submitted a mylar plan suitable for recording at the Registry of Deeds and Merry Marini, acting Town Administrator, sent a letter to Kopelman & Paige requesting they draft a quitclaim deed to be executed ideally within a couple of weeks.
Mr. Schellenger inquired as to whether there was progress on the design of a new structure. Mr. Vacca responded that conceptually, yes. Al Hanscom, Town Engineer and he had talked about putting a collar over the end of the existing pipe and extending the pipe out into the pond that has a concrete box and a v-shaped weir set at the elevation of the pond. This would eliminate the need for cleaning. David Blauss, Recreation Department, has said that the docks could be moved over the structure for safety purposes.
Phil Clemens suggested that several options might be considered, including removing the pipe altogether and restoring the stream to its original condition. He was also of the opinion that a simple, vertical gauging device be installed to monitor pond level at any given time. This information would provide for clear communication for all interested parties in the Pond.
Public Hearings
7:45 PM Notice of Intent for the construction of 600 square feet of a mitigation planting area and a split rail fence required as part of a previous NOI filing at 145 Gorwin Drive, Map 81, Lot 251 for Aurora Perez represented by Tyler W. Nims, P.E., 26 Mariner’s Drive, Marshfield, MA 02050 (DEP #SE175-0579) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Tyler Nims made the presentation. A previous Order of Conditions for the construction of an addition and repair of a septic system required mitigation for work within the 50-foot buffer. Because the mitigation area was never constructed and an Extension wasn’t requested, the applicant had to file a new Notice of Intent to finish up the project. The new plan was identical to the previous one and included a planting area with stone mulch and a split rail fence. Mr. Lindquist asked if any abutters were present.
Eileen Walsh and William Walsh, Gorwin Drive: Wanted to know what was going on and if it would affect their property in any way. Mr. Nims assured that it would not have any consequences on their property.
Mr. Vacca had four comments, all of which had been addressed. He recommended approval, but suggested that the split rail fence be moved to the opposite side of the mitigation area to provide additional protection to the Bordering Vegetated Wetland. Mr. Schellenger was not in favor of the stone mulch as its sole purpose was to prevent new growth. Mr. Harris recommended the use of conservation posts in addition to the split rail fence at 50-foot intervals to demarcate the BVW.
Motion to approve an Order of Conditions pending the receipt of a revised plan: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
8:00 PM Continued Notice of Intent for the construction of a garage addition to an existing single-family home within 100 feet of a Bordering Vegetated Wetland at 202 Maquan Street, Map 71, Lot 20B for Maura and James Curran represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0578)
Mr. Lindquist listened to the tape of the last meeting allowing him to participate in the proceedings. Mr. Wry brought the most recent plan dated 10/27/09 and a “Letter of Hardship” (attached) to the hearing. The plan depicted the garage as smaller and 13’ from the Bordering Vegetated Wetland at its closest point. The amount of buffer zone disturbance was reduced from 750 sq.ft. to 450 sq.ft.. A mitigation plan was prepared by Lady Slipper Woods. Mr. Lindquist read the “Letter of Hardship” into the record.
Ms. Curran’s Attorney, Ms. Margaret Bulger (a friend and a resident of Hanson), spoke on Mrs. Curran’s behalf. She cited that Mr. & Mrs. Curran were protective of the environment and had made effort to move and redesign the structure as well as mitigate the disturbance. She also cited that the property is 3 ½ acres in size and “clearly” not over-developed. Maura’s family owns and has lived on and around Maquan Pond for over 150 years. They had opportunity to sell to developers and did not. In addition, the family has significant health issues.
Mr. Schellenger asked if the garage would be used as living quarters. Mr. Wry answered that at some time in the future it may have the potential to be used for bedroom space. They would seek Board of Health approval at that time. Mr. Schellenger commented that the buffer zone is a resource area and should be treated as such. Mr. Lindquist was of the opinion that the Commission had granted variances in the past because of a hardship. Mr. Kemmett suggested that Town Counsel look at it because it would have a significant impact of a critical buffer zone to a “great pond”.
Motion to approve the variance from the 50-foot no build setback: David Harris
Second: John Murray
Vote: 3-2-0 (Frank Schellenger & John Kemmett against)
Motion to approve and issue a Small Project Order of Conditions: David Harris
Second: John Kemmett
Vote: 3-2-0 (Frank Schellenger & John Kemmett against)
Orders of Conditions/Amendment to an Order of Conditions
Order of Conditions for the construction of a SFH with onsite septic, grading and appurtenances and demolition of an existing uninhabited house and cleanup of trash areas at LOT 1, Crescent Street, Map 79, Lots 13 & 13-1 for Stephan G. Egan Sr. (DEP #SE175-0576) - signed
Order of Conditions for the construction of a SFH with onsite septic, grading and appurtenances and demolition of an existing uninhabited house and cleanup of trash areas at LOT 2, Crescent Street, Map 79, Lots 13 & 13-1 for Stephan G. Egan Sr. (DEP #SE175-0577) - signed
Certificate of Compliance
Partial Certificate of Compliance for Franklin and West Washington Streets (Meadowbrook Garden Centers), Map 67, Lot 6A for Steve Alexander (DEP #SE175-0327) – signed
Certificate of Compliance for 202 Maquan Street, Map 71, Lot 20B for Maura and James Curran (DEP #SE175-205) – signed
Request for Certificate of Compliance for Lot 5, 11 Christopher Lane for Ron McGann (DEP #SE175-0500)
Mr. Vacca did not recommend approval for this project because a portion of the yard within jurisdiction is not completely stabilized. He suggested that the applicant request a Certificate next spring if the sod is not rooted within a couple of weeks.
Motion to deny Request for Certificate of Compliance: David Harris
Second: John Murray
Vote: 5-0-0
Request for Certificate of Compliance for 287 Indian Head Street, Map 47, Lot 7-1-R for Donald Colby (DEP #SE175-0489)
After conducting a site inspection, Mr. Vacca concluded that the work was completed substantially in accordance with the plan, but found that the homeowner was discharging two sump pumps into the adjacent wetland area. He suggested that a Certificate of Compliance be issued pending the redirection of the pipe away from the wetland.
Motion to approve pending relocation of pipe: David Harris
Second: John Murray
Vote: 5-0-0
Discussion
Extension of Open Space Plan
The Executive Office of Energy & Environmental Affairs (EOEEA) has offered to extend Open Space and Recreation Action Plans by two years providing for additional eligibility time to apply for grants. The expanded Action Plan must be submitted by February 28, 2010. Ms. Nehiley will find out the requirements and obtain a price from Herb Heidt of MapWorks.
Authorized signers for Invoices/Payroll
Motion to approve signatures for authorization of invoices/payroll per request of Town Accountant: David Harris
Second: John Kemmett
Vote: 5-0-0
Mr. Lindquist read a letter of appreciation from Merry Marini, Interim Town Administrator, to thank Rich Vacca for his ongoing assistance with the water level problem at Maquan Pond. She expressed her gratitude for his dedication and professionalism without which the project could not have been accomplished.
Nathaniel Thomas Mill
Mr. Lindquist commented that no action can be taken regarding the purchase of the Mill until the State has approved the town meeting vote. Mr. Clemens remarked that the terms of the purchase can be used as a template for all future Community Preservation Act (CPA) acquirements. A discussion ensued on the merits of the property, namely that it is located at the headwaters of the Indian Head Brook all the way to Pratt Place. Mr. Clemens noted that it is a “fascinating resource” and “quite a corridor.” Mr. Vacca suggested that the Commission consider hiring a 3rd party consultant, a trail expert to assist in determining access, property lines, trail blazing, etc.. Mr. Harris was of the opinion that sources of money might be available from North River
Watershed Association and other organizations.
Old Business/New Business
Clipper Press/bill - signed
Agents Mileage – signed
Reimbursement to Rebecca Nehiley for office supplies – signed
Executive Session
9:00 PM Mr. 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 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: David Harris
Second: Frank Schellenger
Vote: 5-0-0
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