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Conservation Minutes, February 22, 2011
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 22, 2011
TOWN HALL, 542 LLIBERTY 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
        
Present:                   Philip R. Lindquist, Chairman   (arrived at 8 PM)
  Frank Schellenger, Vice Chairman  
   John Kemmett, Clerk
                          David Harris, Member

Absent:                    John Murray, Member

Also Present:              Rebecca Nehiley, Administrative Assistant                         
                           Richard Vacca, Agent

Minutes

Motion to approve minutes of February 8, 2011:  David Harris
Second:  John Kemmett
Vote:  3-0-0


Request for Certificate of Compliance

Certificates of Non-Completion (2) for Lot 3 & Lot 4, Great Cedar Drive, Map 44, Lots 5-3 and 5-4 for Roger Morton, Trustee of Great Cedar Condominiums, LLC (DEP #SE175-0496 and DEP #SE175-0497)  

        Motion to consider Certificates of Non-Completion:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0
       
Mr. Vacca recommended issuing the Certifications because the approved work was never commenced and new NOI’s were submitted for consideration.

        Motion to approve and issue two (2) Certificates of Non-Completion:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0

Public Hearings

7:30 PM  Notice of Intent for a proposal to construct two residential condominium buildings, septic system, driveway, utilities, site grading and landscaping, a portion of which falls within 100 feet of a Bordering Vegetated Wetland at Lot 3, Great Cedar Drive, Map 44, Lot 5-3 for Roger Morton, Great Cedar Condominiums, LLC represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  02341  (New Hearing)  (DEP #SE175-0601)


John Kemmett read the Public Hearing Notice and the abutters were verified.  Mr. Steve Wry of Land Planning, Inc. made the presentation for a proposal for two residential condominium units, septic system, driveway and utilities using “Conservation Filing Plan, Lot 3, Great Cedar Drive”, dated 1/27//06 and revised 2/3/11.  The majority of the proposed work falls outside of the 100-foot buffer zone with the exception of a portion of the buildings, decks and stairwells.  Erosion control is proposed along the limit of work and Conservation posts are to be placed along the 50-foot no-disturb zone at regular intervals.  The total amount of disturbance within the buffer zone is 5,100 square feet.  Mr. Vacca had no technical comments and suggested approval of an Order of Conditions with large project conditions.  No abutters were present.

Motion to approve and issue an Order of Conditions with Large Project Conditions:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0
 
7:30 PM  Notice of Intent for a proposal to construct two residential condominium buildings, septic system, driveway, utilities, site grading and landscaping, a portion of which falls within 100 feet of a Bordering Vegetated Wetland at Lot 4, Great Cedar Drive, Map 44, Lot 5-4 for Roger Morton, Great Cedar Condominiums, LLC represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  02341  (New Hearing)  (DEP #SE175-0602)

John Kemmett read the Public Hearing Notice and the abutters were verified.  It was noted for the record that no abutters were present.  Mr. Wry continued his presentation for Lot 4 which was similar to the first proposal in that there was no work in the 50-foot no disturb zone.  However there was more in the 100-foot buffer zone, about 12,300 square feet.  The plan used was “Conservation Filing Plan, Lot 4, Great Cedar Drive” dated 1/27/06 and revised 2/3/11.  Conservation posts were proposed and Mr. Wry said that the septic systems had been approved by the Board of Health for both filings.  Mr. Vacca had no technical comments and recommended approval.

Motion to approve and issue an Order of Conditions with Large Project Conditions pending receipt of buffer zone fees and evidence of approval from the Board of Health for Lots 3 & 4:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0


Old Business/New Business

Mr. Vacca read the letter to Selectmen regarding the Deed for Nathaniel Thomas Mill into the record.  (attached)

        Motion to approve letter for submittal to Selectmen:  John Kemmett
        Second:  David Harris
        Vote:  3-0-0


Mr. Kemmett asked how the Nathaniel Thomas Committee fit into everything.  Mr. Vacca answered that his understanding was that they were responsible for the use of the building.  Mr. Kemmett commented that he would like clarification of this.  Mr. Vacca suggested that once the Deed defect has been corrected, a dialogue should be instigated with all of the stakeholders:  The Mill Committee, the Veterans Committee, the Historical Society, etc..  

John Kemmett requested a 15 minutes recess.  Phil Lindquist arrived at 8:00 PM after his appointment with the Finance Committee.  


Executive Session    

8:10 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.  

8:40 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 8:45 PM:  John Kemmett
        Second:  David Harris
        Vote:  4-0-0