HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 15, 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
David Harris, Member
John Murray, Member
John Kemmett, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of November 17, 2009
Motion to approve: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Executive Session Minutes of November 10, 2009
Motion to approve, but not release: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Public Hearings
7:30 PM Notice of Intent for the construction of a single family residence and associated site work and a proposed driveway construction that includes two wetland crossings at 0 Independence Avenue, Assessors ID 74-0-4A-12-R for Roland Desrochers, Monson Savings Bank represented by SITEC Environmental, Inc. 769 Plan St., Unit C, Marshfield, MA 02050 (DEP #SE175-0581) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Rod Gaskell of SITEC made the presentation. He submitted revised plans dated 12/15/09 and added a 3rd sheet in response to Mr. Vacca’s comments. Because the former wetland delineation had expired, they had conducted a new one supported by data forms and denoting two areas that had changed, one significantly. Because of an area that had been previously overlooked, two wetland crossings were proposed for which alternative analyses had been prepared. The bridging consisted of pre-cast forms, 12-foot wide, with crushed stone footings, no guardrails and a flared 3-1 slope to be stabilized with an upland species mix. Because of disturbance within the wetland (1,168 sq.ft.), a wetland
replication area was proposed for which a detail had not been prepared. Mr. Gaskell requested a variance from the 50-foot no build setback citing a hardship exemption. Mr. Lindquist read the abutters list. Those present were:
Mr. Daniel Sullivan, Independence Ave. - was concerned with flooding onto his property because of filling. Mr. Gaskell said that because it will be bridged, any flow would be directed under the road into the wetland. Mr. Sullivan also inquired as to whether the utilities will be underground. Mr. Gaskell responded yes.
Ms. Rosie Carie and Ms. Christine Clegg, High Street – were concerned that the displacement of wetlands would cause flooding. Mr. Lindquist responded that the water should stay where it is, in a low spot.
Motion to continue to 1/12/10 at 8 PM pending a response to the additional comments from the Agent: David Harris
Second: John Murray
Vote: 5-0-0
7:45 PM Notice of Intent for a proposal to control aquatic nuisance vegetation by the Town of Halifax to treat the algae in the eastern and western basins of Monponsett Pond utilizing low-dose treatments of aluminum sulfate (alum), to preclude severe algae blooms and to lessen the likelihood of toxic algae blooms (DEP #SE175-0580) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Lee Lyman and Mr. Will Stevenson represented Lycott Environmental, Inc., the company hired to identify and map the aquatic macrophytes and areas of significant habitat in and around the Pond in preparation for management of the water body. Mr. Charles Seelig, Halifax Town Administrator was also in attendance as well as Mary Guiney and Michelle Hill representing the Halifax Conservation Commission. Mr. Lyman explained that their company is working with Halifax because the Town has received federal money for an algae study. A study done in 2006 demonstrated 250-300 parts per billion of phosphorous, way over the 30 per parts per billion in which quantities of algae are known to flourish. The
western basin has been closed on a number of occasions because of dangerous levels of dioxins, potentially harmful to children and pets.
The proposal is to treat the eastern and western basins a couple of times a year for several years with low-dose aluminum sulfate (Alum) as needed. The alum flocculates the phosphorus from the water column and precludes the recycling of the nutrients from the sediments which is primarily responsible for fostering algae growth. The Pond’s water quality for pH and alkalinity would be tested before and after treatments. Mr. Lindquist read the abutters list. Those present were:
Thomas Young, Ocean Ave. – Asked if the phosphorous was coming from the bogs and also, why was the water clear now, in the winter.
Mr. Lycott answered that studies have demonstrated that the northern tributaries to both basins, and specifically from White Oak Brook, are a major loading source of phosphorous. The water is clear during the winter simply because algae isn’t adapted to the cold.
Motion to continue until 1/12/09 at 8:15 PM pending response from Natural Heritage of Endangered Species: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Request for Extension
Request for a one-year Extension to an Order of Conditions for Whitman Street, Map 109, Lot 4 for Thomas Hastings, Hastings Companies LLC (DEP #SE175-0510)
Motion to approve one year Extension: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance 11 Christopher Lane (LOT 5), Map 114, Lots 12 & 14 (Lot 5) for Shoreline Home Builders, Inc. (DEP #SE175-0500)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Discussions
Quail Estates (DEP #SE175-0567), see letter from P.M.P. Associates, LLC (attached)
Mr. Vacca explained that changes to the subdivision plan eliminated work within the 100 foot buffer zone altogether, thereby rendering the roadway and drainage out of jurisdiction. For this reason, it was of the opinion of staff that the Order of Conditions be released and not be required to be recorded at the Registry of Deeds. A letter to P.M.P. Associates, Inc. to this effect was prepared for signage.
Motion to release Order of Conditions: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Old Business/New Business
Quality Name Plate/bill – signed
Reimbursement – signed
Clipper Press/bill – signed
Executive Session
8:35 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.
9:00 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 9:00 PM: David Harris
Second: Frank Schellenger
Vote: 5-0-0
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