HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 8, 2011
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 (arrived at 7:35 PM)
Phil Clemons, Associate Member
Absent: David Harris, Member
Richard Vacca, Agent
Also Present: Rebecca Nehiley, Administrative Assistant
Public Hearings
7:30 PM Notice of Intent for the demolition of a dilapidated dwelling and unattached garage and construction of a new dwelling within the same footprint, septic upgrade, installation of a new well, upgrade of various utilities and minimal re-grading within 100 feet of a Bordering Vegetated Wetland and within 200 feet of the riverfront area at 90 Pratt Place, Map 90, Lot 1 for Stephen Egan, Egan Development, LLC (applicant) and Richard Robbins, The Estate of Marion W. Robbins (owner) represented by Land Planning, Inc., 1115 Main Street, Hanson, MA 02341 (DEP #SE175-0603) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry of Land Planning made the presentation for the demolition of an old, dilapidated house and garage located on a one acre parcel abutting the Indian Head Brook, a perennial stream. The wetland resource areas were delineated on 11/15/10 by Sharon LePorte and the proposed work is within the outside Riparian Zone (further than 100’). Additionally, there is no disturbance within the 100 buffer zone to the Bordering Vegetated Wetland with the exception of
the removal of two (2) cesspools. Using a plan called “Conservation Filing Plan” dated 2/22/11, Mr. Wry described the proposal to take down the existing house and to build on the existing footprint, pave the driveway, remove and replace the septic system with a new Title 5 system. All the work will be conducted within the existing yard area.
Mr. Lindquist asked if there was a right-of-way on the property. Mr. Wry answered that there was an existing 30’ easement that was done by Carl Garvey, L.S. back in 2001 or 2002. Mr. Lindquist asked if we could acquire the deed language for the easement. Mr. Egan said he would have no problem with getting a deed and the language recorded if need be. Mr. Lindquist read from Mr. Vacca’s agent report. Mr. Vacca had no technical comments and recommended continuing the hearing until such time as Mr. Egan had received approval from the Zoning Board of Appeals for a variance from the setback requirements. Mr. Vacca had prepared a memo to ZBA supporting Mr. Egan’s request because from a Conservation point of view, it
would prevent further encroachment into the riverfront area.
Motion to approve letter (memo) of support: Frank Schellenger
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Mr. Kemmett suggested conservation posts along the 100’ buffer zone to denote the riverfront area. Mr. Egan agreed to put them on the left side along the existing treeline and submit a revised plan. No abutters were present.
Motion to continue the hearing until April 12th, 2011 at 7:30 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Minutes
Motion to approve minutes of February 22, 2011: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Motion to approve but not release ES Minutes of February 22, 2011: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Motion to approve a minor correction to the Minutes of January 11, 2011: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Orders of Conditions
Order of Conditions to construct two residential condominium buildings, septic system, driveway, utilities, site grading and landscaping at Lot 3, Great Cedar Drive, Map 44, Lot 5-3 for Roger Morton, Great Cedar Condominiums, LLC (DEP #SE175-0601) – signed
Order of Conditions to construct two residential condominium buildings, septic system, driveway, utilities, site grading and landscaping at Lot 4, Great Cedar Drive, Map 44, Lot 5-4 for Roger Morton, Great Cedar Condominiums, LLC (DEP #SE175-0602) – signed
Request for Certificate of Compliance
Request for Partial Certificate of Compliance for Lot 12A, 18 Deerhill Road Ext., Map 102, Lot 7 & 18-4 for Paul McInnes dba Saddlebrook Development (DEP #SE175-0528)
Motion to approve and issue: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Old Business/New Business
Clipper Press/bill – signed
Mileage Reimbursement – signed
Nathaniel Thomas Mill
Mr. Lindquist informed the Commission that although Mr. Rene Read had consulted with Kopelman and Paige over the deed language, it had been discovered that the Town Meeting vote was not attached to the deed when it was recorded as required. Therefore, Mr. Read was going to the Registry of Deeds tomorrow to have the Town Meeting vote, the language as it were, recorded so that that document could be attached to the deed. Mr. Clemons hoped that, going forward, any piece of land that was entitled to Conservation “needs to say so in the deed.” Mr. Murray asked what the ramifications were, in terms of the property, if it wasn’t done. Mr. Schellenger commented that there were several Hanson Open Space deeds that haven’t been cleared up rendering ownership muddled.
Mr. Kemmett reiterated that, as discussed at the last meeting, the Commission should have a document that spells out exactly who is responsible and for what at the Mill. Mr. Clemons agreed and suggested a Memorandum of Understanding between interested parties. Mr. Clemons went on to say that a landscape architect should be utilized to design trails and walkways and that there are numerous groups willing to award grants. Mr. Kemmett provided an estimate for a sign for the property.
Adjournment
Motion to adjourn at 8:25 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
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