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Conservation Minutes, April 13, 2010
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 13, 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  (arrived at 8:00 PM)                                   
Also Present:              Richard Vacca, Agent   
                   Rebecca Nehiley, Administrative Assistant

Minutes

Minutes of March 23, 2010  

        Motion to approve:  David Harris
        Second:  John Murray
Vote:  4-0-0


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 to May 25, 2010 at 7:45 PM per request of applicant:  David Harris
        Second:  John Murray
        Vote:  4-0-0


Appointments

7:30 PM  Appointment with Dave Blauss from the Recreation Committee regarding Maquan Pond/ Camp Kiwanee Road

Mr. Blauss, Chairman of the Recreation Committee, expressed his frustration to the Commission over the possibility of an extended delay to fix the bridge at the Camp Kiwanee Road.  He suggested as a temporary measure, a 36“ pipe be installed and if and when funding comes through, the pipe can be dismantled and the bridge constructed according to a more comprehensive plan.  His concern is access for all of the events that are scheduled in the coming months.
Mr. Vacca imparted a conversation that he had with Mike Power of Senator Tom Kennedy’s office regarding this issue.  Apparently, at the present time, monies are available for individuals who were affected by the recent flooding.  FEMA has recently been collecting data

with respect to damages to infrastructure from the municipalities over the past week to see if they qualify for Federal Aid.  The threshold for Plymouth County is 8.1 million dollars.  If the county qualifies, the President will sign a disaster declaration and the money will be released.  Mr. Vacca sent pictures of the damaged bridge and a summary of recent events to the Senator’s office.  They are willing to help facilitate the process.    
        Mr. Lindquist commented that as the regulating body, the Commission would require both a Notice of Intent and an engineered plan as has been required of other Town Departments for work conducted within jurisdiction.  Mr. Vacca reiterated that an After-the-Fact application could be submitted for the emergency situation at the bridge and any subsequent work that is proposed (i.e. repair of the control structure).   
        Mr. Vacca reminded Mr. Blauss that if the bridge is to be repaired immediately, the Recreation Committee should refer to Mr. Rene Read’s recent memo regarding the use of the Recreation Commission’s revolving fund to contribute support towards the effort.  Mr. Vacca, citing from Mr. Read’s memo, noted that financial commitments had been received from Matt Rhodes of Edgewood Bogs and Alan Osgood, abutter on Maquan Pond and suggested that Mr. Blauss broach the subject to the Committee at their next meeting.  
        Mr. Blauss was of the opinion that the Recreation Committee was not responsible for the Town’s roadway.  There was some discussion over who owned the road.  Mr. Lindquist suggested that a meeting between the stakeholders, a representative from the Selectmen and Mr. Read be scheduled.  Mr. Vacca will send out notice as to the time and date of a meeting.


Request for Certificate of Compliance

Request for a Certificate of Compliance for Hanson Rod and Gun Club, Davis Road, Map 28,
Lot 5  (DEP #SE175-509)

        Motion to approve an issue:  David Harris
        Second:  John Murray
        Vote:  4-0-0

Public Hearings (continued)

7:45 PM Continued Notice of Intent for completion of modifications to an existing firing range within 100 feet of a Bordering Vegetated Wetland at Davis Rd, Map 28, Lot 5 for Hanson Rod & Gun Club represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  (DEP #SE175-0587)

Mr. Steve Wry of Land Planning submitted a new plan (revised 4/1/10) in response to previous comments.  The plan demonstrated a permanent filter sock filled with leaf litter mixed with grass seed that separates the isolated wetland from the firing range.  A detail of the protective barrier wall was included for which the utility poles constitute 23 sq. feet of disturbance within the buffer zone.  No abutters were present.

        Motion to approve a variance from the 50-foot no disturb setback:  David Harris
        Second:  John Murray
        Vote:  4-0-0

        Motion to approve and issue an Order of Conditions:  David Harris
        Second:  John Murray
        Vote:  4-0-0

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 reported that the Planning Board and Board of Health had approved the project as proposed.  The Commission had requested that the house be moved out of the 50-foot no disturb zone.  However, the Septic System cannot be moved closer to the roadway per Title 5 regulations because the State won’t grant waivers for new construction.  Mr. Kemmett arrived.   Mr. Vautrinot implored the Commission for a compromise.  He argued that the house had been moved slightly and they had proposed a swale along the driveway.  In addition, a planting mitigation plan was submitted and read into the record by Phil Lindquist.  No abutters were present.

        Motion to approve a variance from the 50-foot no disturb zone:  Frank Schellenger
        Second:  David Harris
        Vote:  4-1-0 (John Kemmett against)

Motion to approve and issue an Order with single family house conditions:  Frank Schellenger
        Second:  David Harris
        Vote:  5-0-0


8:15 PM  Notice of Intent for the construction of an in-ground swimming pool with a concrete apron within 100 feet of a Bordering Vegetated Wetland at 341 East Washington Street, Map 108, Lot 8 for David & Tracey O’Neill represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  (DEP #SE175-0588)  (New Hearing)

John Kemmett read the Public Hearing Notice and the abutters were verified.  Steve Wry made the presentation for a proposal for a 20’ x 34’ in-ground pool with a concrete apron.  Erosion control was proposed just inside the 50-foot buffer zone on the upland side.  Mr. Vacca clarified that special conditions regarding a non-backwashing filter and a dewatering plan would be included in an Order of Conditions if approved.  No abutters were present.

        Motion to approve and issue an Order with small project conditions:  David Harris
        Second:  John Kemmett
        Vote:  5-0-0





Request for a Certificate of Compliance

Request for a Certificate of Compliance for 201 Maquan Street, Map 70, Lot 10 for Brenda Dennison (DEP #SE175-0522)

        Motion to approve and issue:  David Harris
        Second:  John Murray    
Vote:  5-0-0

Discussions

Buffer Zone Fees  - to be discussed at the next meeting

Washington Street water line break
Mr. Vacca reported that in late January, because of a water main break, a tremendous amount of water and sediment impacted a wetland area off of East Washington Street.  The Water Department would need a permit from Conservation to clean up the area.

FEMA/MEMA monies for municipalities and individuals
Mr. Vacca informed the Commission that disaster relief might be available for individuals as well as cities and towns for damage from the recent floods.  He has been in contact with and is waiting to hear from Representative Dan Webster’s office as well as Representative Tom Kennedy’s office on how to proceed applying for relief if President Obama declares a disaster for the affected counties.  This would directly pertain to the damage to the bridge at Maquan Pond/Camp Kiwanee.


Enforcement

81 Ocean Avenue
Mr. Vacca updated the Commission.  Mr. Smith has passed the deadline for installing his erosion control and some sedimentation occurred during the recent rain event.  

        Motion to authorize an Enforcement Order:  John Kemmett
        Second:  Frank Schellenger
        Vote:  5-0-0

Adjournment

Motion to adjourn at 9:00 PM:  David Harris
        Second:  Frank Schellenger
        Vote:    5-0-0