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Conservation Minutes, October 12, 2010
HANSON CONSERVATION COMMISSION
MINUTES OF THE MEETING OF OCTOBER 12, 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
                          David Harris, Member
Also Present:              Rebecca Nehiley, Administrative Assistant                         
                           Richard Vacca, Agent


Minutes

Motion to approve minutes of September 7, 2010: David Harris
Second:  John Kemmett
Vote:  4-0-1 (John Murray abstaining)

Motion to approve but not release Executive Session Minutes of September 7, 2010:  David Harris
Second:  John Kemmett
Vote:  4-0-1 (John Murray abstaining)

Motion to approve minutes of September 28, 2010:  David Harris
Second:  John Kemmett
Vote:  5-0-0


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 hearing to 11/9/10 at 7:30 pm per request of applicant:  David Harris
        Second:  John Murray
        Vote:  5-0-0

   
Discussions

Mr. Lindquist asked Mr. Vacca about the status of the culvert replacement at Camp Kiwanee.  Mr. Vacca reiterated that FEMA had approved the Town’s request for the culvert and road replacement and is now waiting for Congress to disperse funding for a 75% reimbursement.   

Mr. Kemmett updated the Commission as to the decisions made at Special Town Meeting on October 5th regarding the Community Preservation Committee articles.  All of the proposed projects were approved.  They included the purchase of the Nathaniel Thomas Mill and the Poor Meadow Brook Conservation and Water Supply Protection Area.


Appointments

7:45 PM  Continued Appointment with John Hixson of Development South Realty Trust to discuss a wetlands violation at Map 8, Lot 11-1 Pleasant Street
 
Mr. Lindquist gave a synopsis of the Commission’s site walk that took place last Thursday, October 7th.  They surmised that when the path was cleared a lot of brush had been knocked out as well as an earthen berm, but the ground had not been disrupted excessively.  Mr. Lindquist was of the opinion that the tree contractor that did the work should be issued a fine for ignoring the Wetlands By-Law.  Mr. Schellenger suggested that we request him to come in for the next meeting and bring the plan that he used.   The consensus was that the berm should be replaced, the vernal pool should be protected temporarily with a silt sock and certified in the spring and the pathway should be blocked off with boulders to discourage vehicles (ATV’s) from entering.   The Commission was of the opinion that the vegetation should be allowed to come back naturally.  Ms. Brooke Munro and Mr. Hixson were in attendance at the meeting and were agreeable to preparing a plan to demonstrate the above-mentioned direction from the Commission.  Mr. Vacca will contact Chris Glynn’s Tree Experts of Hanover, MA.

        Motion to continue to 10/26/10 at 7:45 PM pending a plan:  David Harris
        Second:  John Murray
        Vote:  5-0-0      


8:00 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 Barbara & Richard Duncan represented by Webby Engineering Associates, Inc., 180 County Road,  Plympton, MA  02367 (DEP #SE175-0594)

Mr. Joseph Webby presented a revised plan dated 10/12/10 depicting a 50 foot setback from the resource area.  The only work proposed within the 50-foot no disturb zone is the installation of a flume pipe in the existing roadway.  Mr. Kemmett commented that after inspecting the site last Thursday, he was of the opinion that the wetlands were more extensive than what was on the plan.  Mr. Lindquist said that this was not the time to challenge the wetland line.  

Motion to approve variance to construct the pipe for the flume in the 50-foot no disturb zone:  Frank Schellenger
        Second:  John Murray
        Vote:  3-1-1 (John Kemmett against, Dave Harris abstaining)



Motion to approve and issue an Order of Conditions based on the plan dated 10/12/10:       Frank Schellenger
        Second:  John Murray
        Vote:  3-1-1 (John Kemmett against, Dave Harris abstaining)


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)  

Representing the Commission, Mr. John Delano, R.P.L.S. of John W. Delano & Assoc., Inc. submitted a Review Letter dated 10/12/10 (attached) from which he read his comments regarding the proposed Stormwater Management System.  Mr. James E. Miller, P.E., was the engineering consultant for the report.  All of the results of the steps in the review were found to be consistent and accurate except for minor comments.  The first dealt with substituting a different size trash cage to prevent possible clogging of the outlet structure in Basin #1.  Mr. Wry submitted a detail.   The next three comments dealt with calculations for a 25-year storm event and the sum of outflow rates for Basin #1 and #2.  Mr. Wry submitted the revised calculations.  
        Mr. Schellenger inquired if the completed roadway would eventually be accepted by the Town.  Mr. Wry answered that a Condominium Association would be responsible for the operation and maintenance of the roadway and the drainage structures as per an O & M Plan dated 9/15/05 (updated 7/22/10).  Mr. Lindquist reiterated that any changes to the building design would have to be approved by the Zoning Board of Appeals.  

Motion to approve and issue an Order of Conditions for the roadway and drainage structures only as per plan dated 9/25/05 (final revision date 3/26/10):  Frank Schellenger
Second:  John Murray
Vote:  4-0-1 (David Harris abstaining)


Orders of Conditions

Order of Conditions for the construction of a single family home, septic system, utilities, site grading and landscaping of disturbed areas at rear of 484 Pleasant Street, Map 16, Lot 15B for Paul Pina  (DEP #SE175-0598)  -  signed
Order of Conditions for the proposed septic system repair with grading, removal and replacement of a shed, removal of a tree and replacement of a retaining wall at 45 Ocean Ave., Map 2, Lot 1508 for Linda Hauge  (DEP #SE175-0599)  - issued 9/29/10


Old Business/New Business

Duxbury Clipper/bill – signed

Request for Certificate of Compliance for 123 Phillips Street, Map 50, Lot 30 (DEP #SE175-0548)

        Motion to issue a Certificate of Compliance:  David Harris
        Second:  John Murray
        Vote:  5-0-0


Adjournment

        Motion to adjourn at 8:35 PM:  Frank Schellenger
        Second:  John Murray
        Vote:  5-0-0