HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 27, 2010
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
John Murray, Member
David Harris, Member
Absent: John Kemmett, Clerk
Rebecca Nehiley, Administrative Assistant
Also Present: Richard Vacca, Agent
Minutes
June 22, 2010
Motion to approve Minutes: Frank Schellenger
Second: John Murray
Vote: 3-0-1 (Dave Harris abstaining)
Public Hearings
7:30 PM Notice of Intent for the restoration of a wetland resource area at 786 East Washington Street, Map 113, Lot 6A for the Hanson Water Department (applicant) and Paul Dauksevicz represented by Lucas Environmental, LLC, 129 Beal St., #3, Quincy, MA 02169 (DEP #SE175-0596) (New Hearing)
Mr. Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Lucas of Lucas Environmental, LLC made the presentation. After reviewing the site conditions, he described the impact and proposed restoration including invasive species control with herbicides. Mr. Schellenger questioned why erosion control wasn’t installed in January.
Motion to approve and issue an Order of Conditions: David Harris
Second: John Murray
Vote: 3-1-0 (Frank Schellenger against)
Enforcement
Mr. Charles Montgomery filed a written complaint regarding Mr. Anderson storing junk at the town-owned property behind 9 Hanson Court on Depot Street. Mr. Vacca inspected and provided photographs of two motor boats stored within 50-foot buffer zone on wetland side of the erosion control barrier. On 7/14, Mr. Vacca had a conversation with Mr. Anderson and asked him to move the boats. Mr. Anderson asked him to put it in writing. Mr. Vacca
prepared an Enforcement Order to move the boats out of conservation jurisdiction or to provide convincing evidence that there is no fuel, gas or oil on- board that would adversely affect the resource area by Monday, August 2, 2010.
Motion to ratify the enforcement Order and letter: Frank Schellenger
Second: David Harris
Vote: 4-0-0
* Mr. Harris suggested that the matter be turned over to the Selectmen because the boats are on Town-owned property.
A complaint was received from Mr. Anderson concerning Mr. Montgomery allegedly parking in a wetland area during 4th of July and Mr. Anderson wanted to know if it was a violation. Mr. Vacca says there is a wetland on said property containing a small portion of upland. Mr. Vacca suggested drafting a letter to Mr. Montgomery stating that it was okay to park there occasionally, but not habitually. In addition, if there is evidence of adverse impact to the resource area, (e.g.: erosion, fuel or oil leaking) then we’ll have an enforcement issue.
Motion to send letter to Mr. Montgomery: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Continued Hearings
8:00 PM Continued 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)
Mr. Bill Forte made the presentation. A wetlands planting plan was submitted as mitigation for removal of the shed as well as a detail for cedar conservation posts. The building was reduced in size and shifted to locate it 7’ from the wetland line. Mr. Schellenger went on record as being opposed to the project. Mr. Harris went on record as having listened to the tape of the previous meeting so that he can participate in any decisions being made.
Motion to close the Public Hearing: David Harris
Second: John Murray
Vote: 4-0-0
Motion to bifurcate and approve the project under the Wetlands Protection Act, deny the request for variance for work in the 50-foot no touch zone and to issue a denial of the project under the Hanson Wetlands By-Law without prejudice: Frank Schellenger
Second: John Murray
Mr. Vacca commented that the Wetlands replication standards be included in the State portion of the permit.
Vote: 3-1-0 (Mr. Lindquist against)
Mr. Forte asked for clarification as to whether the second floor could be constructed. Mr. Vacca said yes because it was non jurisdictional. Mr. Forte asked if the addition in the back were constructed on footings (sonna tubes), would that be reasonable? Mr. Vacca said a blanket permit could be issued for that work as long as the footings were hand dug not to exceed 12 inches in diameter. Mr. Vacca clarified for Mr. Forte that the project as proposed was denied in it’s entirety under the local by-law. Technically, the project cannot go forward unless they prevail in an appeal to Superior Court. Mr. Schellenger suggested that the Commission could issue a friendly enforcement order to remove the shed.
Motion to issue an enforcement order for the removal of the shed: Frank Schellenger
Second: John Murray
Vote: 4-0-0
* The Commission agreed that the restoration of plantings and posts was not necessary. Just remove the shed from the wetlands.
8:15 PM Continued Notice of Intent for a proposal to construct a single family house and septic system within the buffer zone to a Bordering Vegetated Wetland at 9 Hanson Court, Map 2, Lot 957 for Michael Nasuti represented by McGlone Enterprises, Inc., 211 Pembroke Street, Kingston, MA 02364 (DEP #SE175-0595)
Mr. Shayne McGlone made a proposal in response to the commission’s request at the last meeting for a mitigation plan. He used a native species list to provide a planting schedule and specified no grass within the 50-foot no touch zone.
Motion to close the public hearing and approve and issue an Order of Conditions: Frank Schellenger
Second: John Murray
Vote: 4-0-0
8:30 PM Continued Notice of Intent for a proposal to construct 119,957 feet of new cranberry bog within the buffer zone to a Bordering Vegetated Wetland at 125 South Street, Map 24, Lot 34 for Barbra & Richard Duncan represented by Webby Engineering Associates, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0594)
Joe Webby and Richard Duncan attended the meeting. Mr. Webby was of the opinion that the 50-foot buffer zone does not apply to agricultural projects, nevertheless they asked for a waiver. The proposed elevations were added to the plan as well as a benchmark. A row of haybales were proposed in addition to a silt fence. An updated Farm Plan (T1638) was submitted. Mr. Webby and Mr. Duncan were of the opinion that pesticides and fertilizers would not affect the water supply because the White Oak Brook flows through the reservoir in an impounded area and Monponsett Pond is over 5500 feet away and any residue would be absorbed by the time it reached it. Mr. Lindquist asked abutters for comments. Those present were:
Mr. and Mrs. Peter Amado, South Street: Were concerned about property line issues and were directed to the Board of Appeals.
Mr. Schellenger was opposed to activity within the 50-foot buffer zone because it is in violation of Hanson’s Wetlands By-Law. He was of the opinion that there aren’t agricultural exemptions in the By-law and the bogs should be constructed outside of this no disturb zone (ndz) and furthermore, it was a drastic change to prime wildlife habitat and there was no attempt to avoid or minimize the impact. Mr. Schellenger referenced the applicable Sections of the By-Law for the record.
- By-Law Section 2 defines Jurisdiction
- Regulations Part 1.02, 1(e) reiterates that the buffer zone is a resource area
- Part 1.02, 2(a) states the fact that an NOI is required for the work
- Part 1.04 defines the No Disturb Zone
- Agricultural is Part 2.01, 3(a)(i), no change in existing topography.
- Part 2.03 (3) No Activity without a variance
- Part 8.01(2)(c)) defines the buffer zone setbacks
Mr. Webby asked if Mr. Schellenger considered this a commercial or industrial project. Mr. Schellenger answered that could be discussed separately from this application and he wasn’t bringing it up as an issue. Mr. Schellenger’s overall view was that the buffer zone was an important habitat and buffer for the White Oak Brook. Mr. Vacca suggested that we review the Farm Plan for compliance and speak to someone from DEP for clarification on whether there was an agricultural exemption for expansion of bogs.
Motion to continue to 8/10/10 at 8:30 PM pending review of the Farm Plan: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance for 260 Gray Lane (LOT 5), Map 92, Lot 3-5 for Anthony Fedele
Motion to approve and issue: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Discussion
Reorganization
Motion to reorganize as follows: Chairman, Philip Lindquist, Vice Chairman, Frank Schellenger, Clerk, John Kemmett: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Authorization of signatories - signed
Old Business/New Business
Clipper Press/ bill – signed
MACC/membership dues/bill – signed
ESRI Maintenance Contract/bill – signed
Appointments
7:45 PM Appointment with Scott Peterson regarding purchase of Poor Meadow Brook Parcel with Community Preservation funds.
Motion to send letter of endorsement to CPC subject to change of addressee to current Chair: David Harris
Second: John Murray
Vote: 4-0-0
8:45 PM Appointment with Larry of Hanson Fuel to discuss 873 Pleasant Street septic repair
Motion to approve amended dewatering plan as a minor correction: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Executive Session
9:15 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 pending land acquisition because a public discussion of these strategies will have a detrimental effect on the negotiating position of the Town of Hanson through the Conservation Commission.
A Roll Call vote was taken and each member was in favor.
9:30 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 9:30 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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