HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 11, 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 the Conservation Office at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris, Member
John Murray, Member
John Kemmett, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of April 13th, 2010
Motion to approve: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Minutes of April 27th, 2010
Motion to approve: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Appointments
7:30 PM Appointment with Gene Shaw of Catherine Road
Mr. Shaw attended the meeting to inquire whether his neighbor, who he is currently in dispute with, would be made to restore some disturbance that occurred on his property about 2 years ago. He also wanted to know the current status of the restoration that had taken place at this neighbor’s property.
Mr. Vacca reported that on 6/22/09, the Commission had accepted a mitigation plan for a shed that had been constructed within jurisdiction and some earth moving activity that had occurred, both without authorization. An extension was granted to complete the restoration with a deadline of 5/1/10. Mr. Vacca had inspected and found the area to be in substantial compliance with the plan.
However, Mr. Shaw wants a pile of compacted dirt on his property removed, raked and reseeded. Mr. Lindquist told Mr. Shaw that the Commission had established what it was able to do and the work had been done. Anything beyond that would be considered a civil matter.
Public Hearings
7:45 PM Notice of Intent for a proposal for a septic repair within 100 feet of a Bordering Vegetated Wetland and the replacement of a garage/office/dwelling within the Riparian Zone at 908 West Washington Street, Map 67, Lots 13 & 14 for Franklin Harbester represented by Stephen Nelson of Clearwater Recovery, 175 Spring Street, Rockland, MA 02370 (DEP #SE175-0590) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Nelson, representing Mr. Harbester, made the presentation for a proposal to demolish a garage/home office that has fallen into disrepair and construct a new one on the same footprint. The garage has been in existence since the 1930’s in it’s present location. Mr. Harbester has permission from the Board of Health to remove two cesspools and install two 1,500 gallon tanks for a new septic system. Mr. Raymond Nutt, a contractor, went on to say that the new foundation for the garage/home office will be moved further away from the wetlands by 3 feet, there will be no stockpiling of material within jurisdiction and there will be no changes to the grade. Haybales and silt fence are proposed for
erosion control. Mr. Vacca’s only comment was that an Alternative Analysis be required because the project falls within the riparian zone of the Shamatuscacant River. Mr. Nelson had prepared one and submitted it at the meeting. No abutters were present.
Motion to approve variance for work within the buffer zone: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Motion to close the hearing and issue an Order of Conditions pending feedback from the DEP regarding the Alternative Analysis: Frank Schellenger
Second: David Harris
Vote: 5-0-0
8:00 PM Notice of Intent for the installation of groundwater monitoring wells within 100 feet of a Bordering Vegetated Wetland at 507 Monponsett Street, Map 23, Lot 5 for Muftah Bugazia represented by Carriagehouse Consulting, Inc. 74 West Central Street, Natick, MA 01760 (DEP #SE175-0589) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Brian Moore of Carriagehouse Consulting made the presentation for a proposal to install monitoring wells that would facilitate the collection of water samples to investigate an oil release at the Super Petroleum gas station. Some wells have already been installed, but they want to expand the network so that it can be determined if and how far hazardous material has migrated. Two of the wells would be within the buffer zone using a pneumatic device causing minimal impact. Mr. Harris read from the abutters list. Those present were:
Mr. & Mrs. William Amaral, Monponsett St. – They wanted to see the location of the drilling. They also stipulated that they did not give permission for drilling on their property.
Mr. Moore summarized by specifying that the wells will remain in place until it is determined that there is no significant risk and that the areas will be restored to their original condition. He drafted a variance request in response to Mr. Vacca’s comment.
Motion to approve a variance to work within the buffer zone: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
Motion to close the hearing and issue an Order of Conditions: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
Request for an Extension/Certificate of Compliance
Request for a one-year Extension to an Order of Conditions for Lot 15A, Deerhill Road, Map, Lot for Richard P. Beal, A.W. Perry, Inc. (DEP #SE175-0524)
Motion to grant a one year Extension: David Harris
Second: John Murray Vote: 5-0-0
Request for 2 year Extensions for Lots 12A & 13A for Deer Hill Road Ext. and Lot 9A, Fawn Lane, Map 102, Lots 7 & 18-4 for Richard P. Beal, A.W. Perry, Inc. (DEP #SE175-0528, #SE175-0531 and #SE175-0532)
Motion to grant one year Extensions: David Harris
Second: John Murray Vote: 5-0-0
Request for a one-year Extension to an Order of Conditions for Lakeside Road, Map 79 for Coleman Earner (DEP #SE175-395)
Motion to grant a one year Extension: David Harris
Second: John Kemmett Vote: 5-0-0
Request for a Partial Certificate of Compliance for 45 Nina Drive, Map 27, Lot 5 for Edward Johnson (DEP #SE175-0514)
Motion to grant a Partial Certificate of Compliance: David Harris
Second: John Kemmett Vote: 5-0-0
Discussion
Request for a Minor Correction to the plan for 341 East Washington Street, Map 107, Lot 8 (DEP #SE175-0588
Motion to approve changes to plan as a Minor Correction: Frank Schellenger
Second: David Harris Vote: 5-0-0
Request for a Minor Correction to the plan for 1139 Main Street, Map 43, Lots 36A & 36B (DEP #SE175-0573)
Mr. Vacca reported that a revision to the approved plan was received from Mr. Angelo D’Emilia of DEMCO, Enterprises outlining a request to relocate haybales so as to remove a large pile of dirt from an area behind the septic system for aesthetic purposes. He would then stabilize the area with a conservation mix. Mr. D’Emilia was hoping that this would be considered a minor correction to the plan rather than an Amendment to the Order. The Commission was in favor of the plan providing he submit proof of permission from the landowner where half of the dirt pile is located.
FEMA meeting (update)
Mr. Vacca along with Rene Read, Town Administrator and Al Hanscom, Town Engineer went to the Plymouth Public Library yesterday to attend a workshop to review the application process for FEMA funds. The Town is seeking a 75% reimbursement for the emergency measures taken at the Camp Kiwanee access Road in April and the subsequent repair as well as the design and replacement of the control structure in Maquan Pond. Mr. Vacca reported that all emergency work can be funded immediately, but a temporary Congressional hold has been put on the release of other monies.
Support letter for the purchase of Peterson Parcel (Map 51, Lot 8)
The Commission decided not to support the purchase until such time as they have more information.
Motion to pass over: David Harris
Second: John Kemmett
Vote: 5-0-0
60 Bowker Ave – Tree Removal
Mr. Vacca issued a Blanket Permit to the Bartelamia’s for the removal of one tree that fell within jurisdiction.
NoneWashington Street/Water Line Break
Rich Vacca reminded the Commission that a meeting has been scheduled with TA Rene Read and the Water Superintendent, Neil Merritt on 5-14-2010.
Old Business/New Business
LaMotte Company/bill – signed
Reimbursement to Ms. Nehiley – signed
Clipper Press/bill – signed
Adjournment
Motion to adjourn at 9:00 PM: David Harris
Second: Frank Schellenger
Vote: 5-0-0
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