HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 9, 2010
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: Phil Clemons, Associate Member
Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of February 23, 2010
Motion to approve: David Harris
Second: John Kemmett
Vote: 5-0-0
Public Hearings
7:30 PM Continued 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)
Motion to continue until 4/13/10 at 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
7:45 PM Continued Notice of Intent for construction of a single family dwelling at 308 Maquan Street, Map 70, Lot 37 for Kenneth Crosby represented by Danena Engineering Associates, P.O. Box 387, North Easton, MA 02356 (DEP #SE175-0584)
Mr. Vacca stipulated that all of his previous comments had been addressed. However, his recommendation was to approve the project under the Massachusetts Wetlands Protection Act Ch. 31, §40, but deny under the Town of Hanson General By-Law (Article 2-1, Section 15) which states that “the Town of Hanson may deny any application for, or revoke or suspend any local license or permit including renewals and transfers issued by any Board, Officer, Department for any person, corporation or business enterprise who had neglected or refused to pay any local taxes, fees, assessments, betterments, or any other municipal charges.” Mr. Robert Murphy, on behalf of Mr. Crosby argued for approval of the Order of Conditions because prior to satisfactorily taking care of his obligations to
the Town of Hanson, it would put the volition on Mr. Crosby to go forward. Mr. Schellenger inquired if they had Board of Health approval. Mr. Murphy said that after
conducting a Title 5 inspection and a soil evaluation, approval was given for a temporary facility and the use of the current system.
Motion to approve variance to work within the 50-foot buffer zone of Maquan Pond and associated wetland: David Harris
Second: John Murray
Mr. Schellenger asked if mitigation had been proposed. Mr. Murphy said that a filter strip would be planted promoting revegetation around the shore of the pond.
Vote: 4-1-0 (John Kemmett against)
Motion to close the hearing and approve under the MA Wetlands Protection Act and deny under the Town of Hanson By-Law without prejudice: Frank Schellenger
Second: David Harris
Vote: 5-0-0 Mr. Vacca reminded Mr. Crosby of his 60 day Right of Appeal through Superior Court.
8:00 PM Continued Notice of Intent for the construction of a single family dwelling with septic system, well, site grading and landscaping within 100 feet of a Bordering Vegetated Wetland at Union Park Street, Map 2, Lots 358 & 361 for Elko Construction Corp. represented by Vautrinot Land Surveying, Inc., P.O. Box 144, Plympton, MA (DEP #SE175-0586)
Mr. Vautrinot submitted revised plans in response to Mr. Vacca’s comments with the exception of a FEMA map which has not been calculated for that quadrant of town. The proposed house had been relocated from the wetland by a few feet and Mr. Ellis had cleaned up the mess and taken care of the downed trees from the excavation of the perc tests. Mr. Vacca mentioned that Mr. Ellis had paid a $100 fine and filed an After-the-Fact permit for conducting perc tests in jurisdiction without authorization. Mr. Vacca suggested that the driveway be paved and a swale installed because of its proximity to the resource area. He also recommended approval of a variance for the well, but not for the deck and the backyard within the no disturb zone. Mr. Lindquist read the Request for Variance from the
50-foot no disturb setback into the record (attached). Mr. Kemmett requested mitigation for the disturbance from the well. Mr. Vautrinot suggested plantings along the tree line.
Motion to approve variance from the 50-foot no disturb setback for the installation of the well: David Harris
Second: John Kemmett
Vote: 5-0-0
Motion to continue the hearing until 3/23/10 at 8 PM pending Board of Health approval: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Discussions
TRWA Grant application for the Wampanoag Canoe Passage (Stetson Brook corridor)
Mr. Vacca informed the Commission that progress has been made as to the application for a mini-grant from the Taunton River Watershed Association. The TRWA has supported Hanson in the past for the creation of the Open Space and Recreation Plan from which the idea for the Canoe Passage came. Request for Proposals were sent out to four consultants for quotes. Mr. Vacca also let the Commission know that we’ve contacted the Towns of Pembroke and Halifax and both are lending their support.
Estimate from MapWorks regarding cost of CD’s
The Commission decided to explore a couple of different options before going with MapWorks.
Dana Billings, former Chairman of Conservation Commission (passed away)
It was with sadness and regret that Mr. Lindquist announced the passing of former Chairman of the Conservation Commission member, Dana Billings who passed away last Tuesday, March 2nd.
The Conservation property off of East Washington Street called the Webster-Billings Conservation Area was aptly named for Mr. Billings in honor of his many civic contributions to the Town of Hanson.
Mr. Vacca read an e-mail into the record (attached) from Mr. Alan Osgood requesting an audience with the Commission regarding an agenda for the stream repair at Camp Kiwanee. He was put on the agenda for the meeting on the 23rd. of March.
Old Business/New Business
Mileage reimbursement – signed
Executive Session
8:40 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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