HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 24, 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
John Murray, Member
John Kemmett, Clerk
Absent: David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of June 30, 2010: Frank Schellenger
Second: John Murray Vote: 4-0-0
Motion to approve minutes of July 27, 2010: Frank Schellenger
Second: John Murray Vote: 4-0-0
Motion to approve minutes of August 10, 2010: Frank Schellenger
Second: John Murray Vote: 4-0-0
Appointments
8:00 PM Appointment with Al Vautrinot, Larry Lundin of Hanson Fuel and Eli Youseff, owner regarding the installation of a septic system at 1158 Main Street
Mr. Vautrinot and Mr. Youseff attended the meeting and submitted a plan dated 8/18/10 depicting an updated wetland line delineated by Ben Gilmore on same date. Also shown on the plan was the new septic system with grading shown as within the 50-foot butter zone. Mr. Youseff indicated that he wants to pave the existing dirt parking area which has been in use since the 1930’s according to photographs that Mr. Vautrinot showed to the Commission. As mitigation, a grass swale was proposed.
Motion to require a Notice of Intent for the existing septic system, grading, parking area and swale: John Kemmett
Second: Frank Schellenger
Vote: 4-0-0
Public Hearings
7:30 PM Request for Determination of Applicability for the installation of approximately 3,500 feet of new 8-inch water main on King Street from the Hanover town line to East Washington Street for the Hanson Water Department represented by Environmental Partners Group, Inc., 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169 (New Hearing)
Frank Schellenger read the public hearing notice and the abutters were verified. Anthony Fava, Project Engineer made a presentation on behalf of Neil Merritt, Water Superintendent. In general, the work consists of the installation a new 8-inch ductile iron water main along 3,500 feet of roadway with the old main to be abandoned. Additionally, the work includes new hydrants and new services to existing homes. Wetlands were identified along the roadway as well as a culvert for which directional drilling will be used to get under the crossing.
Mr. Lindquist asked about excavation of materials. Mr. Fava answered that suitable material will be used for backfilling, but mucky soils will be hauled offsite. Mr. Schellenger commented that the wetlands for the stream (culvert) were not delineated and erosion control, key in this area, was not proposed.
Mr. Vacca suggested that the resource areas in the vicinity of 304 to 282 King Street should be identified in the field. He said that the wetlands identified on the plan were prepared using Mass GIS which is Mass Highway’s protocol. He also mentioned that a significant portion of the proposal was devoted to environmental protection measures and a frac tank will be available onsite for the purposes of dewatering during construction. Mr. Lindquist asked for comments from abutters. Those present were:
Mr. Charles Sheller, 274 King Street: Had concern with the pipe that would be used. Mr. Fava assured him that precautions would be taken to maintain the integrity of the swale in front of Mr. Sheller’s home during the installation of the pipe for his service. Also, Mr. Scheller suggested that the Commission exercise consistency for requiring the delineation of wetlands since he had to.
Motion to continue to 9/7/10 at 8:15 PM pending delineation of the resource areas: John Kemmett
Second: John Murray
Vote: 4-0-0
7:45 PM Continued Notice of Intent for a proposal to construct 119,957 square feet of new cranberry bog within the buffer zone to a Bordering Vegetated Wetland at 125 South Street, Map 24, Lot 34 for Barbara & Richard Duncan represented by Webby Engineering Associates, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0594)
Mr. Joseph Webby representing Mr. Duncan made the presentation. In response to the Commission’s previous concerns regarding the construction of a new bog within the 50-foot buffer zone (bz), a revised plan dated 8/12/10 was submitted depicting the limit of work as outside of the 25-foot bz, thereby reducing the disturbance by 18,000 square feet within the 50-
foot bz. Mr. Duncan also offered mitigation elsewhere on the property if the Commission were amenable to the plan. As a third alternative, Mr. Dan Malloy, Site Design Engineer, suggested that a small finger of wetlands was driving the size of the bz and if they were allowed to fill approximately 500 sq. ft., they could straighten out the rest of the line which would be less intrusive to the bz as a whole. He submitted a marked-up copy of this proposal. Mr. Schellenger asked where the replication would be. Mr. Malloy answered that an existing wetland could be extended. Mr. Kemmett said that the Commission “cannot arbitrarily approve a variance.” Mr. Malloy answered that it would not be feasible and operational for the Duncan’s to build a bog
outside of a 100-foot bz. Mr. Schellenger indicated that the Commission was not in favor of a 25-
foot bz, but may be open to the third alternative with a revised plan, mitigation (replication) accompanied by a Functions and Characteristics Statement.
Motion to continue to 9/28/10 at 7:45 PM pending receipt of a revised plan: Frank Schellenger
Second: John Murray
Vote: 4-0-0
8:15 PM Continued Notice of Intent for a proposal for a four (4) lot residential subdivision with 640 linear feet of roadway with some disturbance within the 100 foot buffer zone to a Bordering Vegetated Wetland at 1460 Main Street, Map 44, Lots 5-1, 5-2, 5-3 & 5-4 for Roger Morton, Great Cedar Condominiums LLC represented by Land Planning, Inc., 1115 Main Street, Hanson, MA
(DEP #SE175-0597)
Motion to continue to 9/7/10 at 8:00 PM per request of applicant: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
8:30 PM Appointment with Dave Blauss regarding Cranberry Cove - Mr. Blauss was a no-show.
Orders of Conditions
Amendment to an Order of Conditions for a modification to the approved septic plan for 430 Liberty Street (Shaw’s Plaza), Maps 73, 81 & 82, Lot 7 for NP Hanson, LLC c/o Northstar Centers, LLC (DEP #SE175-0569) – signed
Requests for Extensions
Request for 1 year Extensions for Lots 26-2, 26-2A & 26-2B, Lakeside Road, Map 79 for Coleman Earner (DEP #SE175-0470, DEP #SE175-0471 & #SE175-0469)
Motion to issue one year Extensions for all three lots: John Kemmett
Second: John Murray
Vote: 4-0-0
One-year Extension for an Order of Conditions for Stonebridge Commons (DEP #SE175-396) – signed
Discussions
Request for A Certificate of Non-Completion for Rear of 484 Pleasant Street, Map 16, Lot 15B for Paul D. Pina, Executor for the Estate of Masako Pina (DEP# SE175-0459)
Motion to approve and issue: John Kemmett
Second: John Murray
Vote: 4-0-0
Enforcement Issues
Mr. Vacca updated the Commission on three recent enforcement actions:
58 Sandy Lane – Mr. Baker was issued an enforcement order for the removal of the shed and restoration of the backyard area. Mr. Vacca will have a meeting with the contractor the week after next to discuss.
1158 Main Street – Mr. Vautrinot was issued a $100 fine for allowing work to move forward without a valid permit.
361 County Road – Mr. Arthur Brasill was issued an enforcement order and a fine in response to non-compliance with a cease and desist that had a deadline of 12 /1/09. Mr. Brasill refused to accept a certified mail and will have to be served. Mr. Schellenger commented that if he doesn’t comply, “it gets worse” (in terms of fines).
Old Business/New Business
FY10 Balance Confirmation – signed
Discussion about enforcement of Hanson Wetlands Protection By-Law
Mr. Schellenger opined that he was “disappointed with the grief that the Commission was taking for enforcing the By-Law. “ He was unhappy that “the Town was putting pressure on the office to un-obey the law.” He was of the opinion “that it put Mr. Vacca’s job in jeopardy.”
Mr. Kemmett maintained that at a Water Department meeting recently, it was suggested that they (the Water Department) had incurred overtime because of Conservation and it was a problem. Mr. Kemmett thought that we should set up a meeting with them and have a non-adversarial discussion.
Mr. Vacca offered that we have a Memorandum of Agreement (MOA) with the Highway Department and suggested that we could do the same with the Water Department. Mr. Kemmett recommended that the Recreation Department sign one as well. Mr. Lindquist instructed Mr. Vacca to forge a Memorandum of Agreement with Mr. Merritt and the Recreation Department.
Adjournment
Motion to adjourn at 9:15 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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