HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 15 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: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of May 25th, 2010
Motion to approve: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Appointments
7:30 PM Appointment with Neil Merritt, Water Superintendent to discuss East Washington Street water main break.
Mr. Chris Lucas, P.W.S. of Lucas Environmental, LLC represented Mr. Merritt as he had a prior commitment. Mr. Lucas submitted a photo of the water main break that occurred in January on East Washington Street. He concurred that there was quite a bit of sediment: at least 1-4 inches of sand covering the wetland as well as a pile of debris at the edge of the roadway. His proposal was to prepare a detailed restoration narrative for the cleanup and submit it at the next meeting.
Mr. Lindquist commented that a project of this size was usually handled with a Notice of Intent (NOI) or under an Enforcement Order. Mr. Schellenger continued by saying that an Emergency Certification was not requested, nor an NOI prepared as required by the Wetlands Protection Act and the Hanson Wetlands Protection By-Law. Mr. Lucas requested a variance on behalf of the Water Department from the requirement of preparing a plan because it would be costly. He suggested that because the break was not intentional and was an act of nature, a detailed narrative should suffice.
Motion to require a Notice of Intent accompanied by a plan: John Kemmett
Second: Frank Schellenger
Mr. Lucas asked again if the Commission would grant a variance from the requirement of preparing a formal plan. Mr. Schellenger suggested that homeowners are required to do this and the Town should have to follow the same rules. Mr. Kemmett followed up by saying that the
Water Department made a mess and didn’t follow procedure. He was of the opinion that the situation could have been handled much better.
Vote: 5-0-0
Public Hearings
7:45 PM Continued Notice of Intent to complete the work that was originally proposed on the Order of Conditions that expired on 3/15/10: plant grass seed, establish shrub & flower beds and restore the water frontage with Creeping Junipers to prevent erosion into Monponsett Pond for Kevin Smith and Susan Sanders at 81 Ocean Ave., Map 47, Lot 1501 (DEP #SE175-0591)
Mr. Vacca had received confirmation from Jean Sullivan, Tax Collector that Mr. Smith had entered into a payment agreement for which Mr. Smith had submitted his tax title payment receipt for the first installment. Mr. Vacca recommended approval with conditions.
Motion to issue an Order of Conditions with Small Project conditions: David Harris
Second: Frank Schellenger
Vote: 5-0-0
8:00 PM Notice of Intent for the construction of an addition to a single family home within the 50-foot buffer zone to a Bordering Vegetated Wetland at 58 Sandy Lane, Map 32, Lot 30-11 for Theodore Baker represented by I B Forte, Inc., 1 Hamilton Way, Holbrook, MA 02342 (DEP #SE175-0593) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Bill Forte made the presentation for a proposal to construct an 8’ x 24’ mudroom, a 24’ x 24’ garage and a 10’ x 30’ addition to a single family ranch home that was built in 1973. A wetland report dated April 4, 2010, was prepared by Ken Thomson, a Botanist and Wetland Scientist, describing the existing conditions. A nearby stream was photo-documented over a four day period by Mr. Forte to be “non flowing or dry” rendering it as intermittent.
Mr. Forte requested a variance from the 50-foot no build setback based on the fact that the entire residence is within the buffer zone and that there are no alternatives. No abutters were present, but Mr. Schellenger read a letter from an abutter into the record (attached). Mr. Vacca read his comments from the Agent’s report requesting a number of things that were missing from the NOI submittal.
Mr. Kemmett commented that there is a significant wildlife habitat and vernal pool habitat abutting the project. Mr. Schellenger noted that the 50-foot no disturb zone is considered a resource area by Hanson’s By-Law standards and the project was making a significant dent into that buffer zone. He professed that although the house was built before the By-Law went into effect, it didn’t negate the fact that it exists now. He wanted to know what was being offered as mitigation.
Mr. Forte explained that the project is at its limitations. The resource area has been degraded for many years and serves no functioning advantage to the wetland. He stipulated that the impact is limited to what is depicted on the plan and the area is not a Natural Heritage Priority Habitat according to their most recent map (10/1/08).
Motion to continue to 6/22/10 at 7:30 PM pending receipt of a revised plan and mitigation plan depicting the locations of rip rap and downspouts, the slope of the driveway, conservation markers shown on the upland side of erosion control and a notation on the plan that the existing shed shall be removed and the area revegetated: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Continued Appointments
8:15 PM Appointment with Scott Peterson regarding purchase of Poor Meadow Brook Parcel with Community Preservation funds.
Mr. Peterson met with the Commission to ask for their endorsement that the Town acquire and preserve the Poor Meadow Brook Parcel with Community Preservation funds. Each member of the Commission was given a copy of the proposal. He mentioned that the proposal is consistent with the objectives of the Town’s Master Plan as well as the Open Space and Recreation Plan. The area in question is 11.2 acres of riverfront land along Poor Meadow Brook, north of Main Street and east of the Town’s industrial park. The parcel has approximately 643 feet of frontage along Poor Meadow Brook, is adjacent to the Town’s Crystal Spring Well Field water supply area, is within a Zone II area of contribution for the well field, is proximate to several other town-owned parcels and is a
significant wildlife habitat.
Mr. Lindquist commented that it was an excellent piece of property, but queried who would take, define and own it: the Conservation Department or the Water Department. He suggested that the Commission needs more time to evaluate on how to proceed with developing “Greenways” and that in order to balance the study, they need to look at it a little bit more. Mr. Peterson said that he had received the support of the Water Department but had not asked them that question directly. He asked if he could come back in a month because there is a timeline with the Community Preservation Committee that must be adhered to.
Mr. Kemmett commented that he had read the proposal and his only concern was with the cost. Mr. Peterson clarified that in addition to obtaining a charitable donation of $5,000 for the project, he is selling the property for below the current assessed value. Notwithstanding, he is open to negotiation.
Ms. Nehiley will schedule Mr. Peterson to come back for the first meeting in July.
8:30 PM Appointment with Stephen Egan to discuss a change to the approved plan for Lot 1, Crescent Street (DEP #SE175-0576)
Mr. Egan attended to ask that the Commission reconsider their previous vote at the last meeting to require him to file for an Amendment. He went on to explain that he only needs temporary access to fill in two leaching pits beyond the erosion control. He was unaware of these leaching pits at the time of approval of his Order of Conditions, but had already been given approval to do temporary work within the buffer zone at that time. Mr. Vacca recommended that Commission consider this a “Minor Correction”.
Motion to rescind previous decision and approve as “Minor Correction” for filling of leaching pits: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Discussions
7/1/10 Changes to Open Meeting Law
Ms. Nehiley had distributed copies to the Commission so that they could take home and review the changes.
ESRI software maintenance contract
Motion to approve renewing the Maintenance Contract for the ArcView software: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Orders of Conditions
Order of Conditions to plant grass seed, establish shrub & flower beds and restore the water frontage with Creeping Junipers to prevent erosion into Monponsett Pond for Kevin Smith and Susan Sanders at 81 Ocean Ave., Map 47, Lot 1501(DEP #SE175-0591) – signed
Order of Conditions for the removal and replacement of the existing 12 inch +/- diameter steel culvert with a 36 inch diameter concrete pipe at 460 Indian Head Street (Camp Kiwanee Road), Map 54, Lot 9 for David Blauss, Camp Kiwanee, property owner: Town of Hanson, 542 Liberty Street, Hanson, MA (DEP #SE175-0592) – signed
Old Business/New Business
Clipper Press/bill – signed
Release of Bond for 185 Phillips Street – signed
Adjournment
Motion to adjourn at 8:50 PM: David Harris
Second: John Murray
Vote: 5-0-0
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