HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 22, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman (arrived at 7:40 PM)
Frank Schellenger, Vice Chairman
John Murray, Member
John Kemmett, Clerk
David Harris, Member
Philip Clemons, Associate Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of March 8, 2011: John Kemmett
Second: John Murray
Vote: 3-0-1 (David Harris abstained)
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 to May 24th, 2011 at 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
Discussions
Blanket Permit for a proposed septic upgrade at 1625 Main Street
Mr. Vacca informed the Commission that after getting a call from the Board of Health Agent, Vin Flaherty, he inspected a septic repair for Lynch’s Laundromat at 1625 Main Street. All the work was being conducted outside the 100’ buffer zone and 200’ riverfront area. However, because changes were made to the plan in the field regarding the relocation of the septic line, they in fact had to cross over to work within the 200’ riparian zone. Mr. Vacca issued them a Blanket Permit pending a revised plan and required them to mulch over the disturbed areas for stabilization. It was a one day job, the work was minimal and was completed to his satisfaction. Mr. Lindquist arrived at 7:40 PM.
Volunteer for weekend of March 26/27th
Ms. Nehiley notified the Commission that through the Conservation Facebook page, Wheaton College student and Hanson resident, Cameron Hanlon, volunteered his time off from school to perform community service for college credit. Ms. Nehiley asked for some suggestions from the
Commission. They decided to have him clean up the Marcus L. Urann Fishermen’s Landing boat launch area which is in pretty bad shape. Ms. Nehiley will coordinate this with Cameron and seek permission from the Board of Health to allow Cameron to bring trash to the transfer station.
Nathaniel Thomas Mill
Mr. Lindquist requested that staff prepare a memo to the stakeholders for the Mill, i.e.: The Mill Committee, the Historical Commission, the Garden Club, Community Preservation, etc. to schedule a meeting for a roundtable discussion of the future of the Mill. Mr. Lindquist would like to start a dialogue of how the Mill can be developed into a park and a trailhead to the Indian Head Greenway as well as continue to be a community meeting place and rental opportunity for the general public. Mr. Clemons agreed and suggested drafting a working agreement as a basis for the discussion. A date of Wednesday, April 13th at 7 PM was decided upon.
Continued Public Hearings
7:45 Notice of Intent for a proposal to construct an in-ground swimming pool and concrete patio, remove portions of an existing deck and perform minimal re-grading at 106 Gray Lane, Map 83, Lot 3-16 for Daniel and Elizabeth Doherty represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0604) (New Hearing).
Mr. Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Wry submitted a revised Conservation Filing Plan dated 3/22/11 for an in-ground swimming pool. The wetlands were flagged on 10/28/10 by Sharon LePorte and the 50’ and 100’ buffer zones (BZ) were depicted on the plan. Because of Conservation By-Law restrictions, the owner Mr. Doherty (present) had sought a variance from the Zoning Board of Appeals from the setback requirements from the property line. This allowed him to put the pool in the side yard instead of the backyard so as to avoid disturbance of the 50’ BZ. Mr. Wry went on to say that, as a stipulation the ZBA required that Mr. Doherty reconfigure his existing deck and install a concrete patio, a portion of which was in the BZ.
Mitigation in the form of Conservation Posts and blueberry bushes were proposed along the existing treeline. Mr. Vacca thanked Mr. Doherty for seeking approval of a variance from ZBA to avoid BZ disturbance as much as possible. He had no technical comments and recommended approval. No abutters were present.
Motion to approve a variance from the 50-foot no build setback for the installation of the patio (275 sq. feet disturbance): David Harris
Second: John Murray
Vote: 3-2-0 (John Kemmett and Frank Schellenger against)
Motion to approve and issue an Order of Conditions with a special condition that the pool be equipped with a non-backwashing filtration system: David Harris
Second: John Kemmett
Vote: 3-2-0 (John Kemmett and Frank Schellenger against)
8:00 PM Request for Determination of Applicability for the construction of a 15’ x 20’ shed on a concrete slab at 354 State Street, Map 112, 1 for Scott Phillips. The proposal falls within 50’ of a Bordering Vegetated Wetland.
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Phillips, representing himself, made the proposal to construct a shed on a concrete slab about 10-15 feet off the existing pool to be used for storage of pool equipment. Mr. Vacca elaborated to say that the proposed shed would be 23’ from the wetland as shown on the plan (dated 3/8/11) and that the wetlands were delineated by Sharon LePorte on 10/22/10. Mr. Vacca went on to say that the pool had been approved in 2003 by then agent, Patricia Cassidy with a building permit. The new shed would cause minimal disturbance and exceptions have been made in the past for sheds constructed in the 50’ BZ noting 162 Elm Street as an example. He recommended the issuance of a Neg. 3 Determination with a special
condition to install erosion control prior to the initiation of construction activities. Mr. Lindquist read the wetland report into the record. Mr. Kemmett commented that there wasn’t enough information provided on the plan.
Motion to issue a Positive 5 Determination (denial) and require Mr. Phillips to file a Notice of Intent: John Kemmett
Second: Frank Schellenger
Vote: 2-3-0 (Frank Schellenger, John Kemmett, John Murray against)
Appointment
8:15 PM Appointment with Alan Osgood to discuss the water level at Maquan Pond.
Mr. Osgood attended the meeting to voice his displeasure to the Commission that the control structure at Camp Kiwanee has not been replaced and his property on Maquan Pond has the potential to be flooded again during this Spring rainy season. He said this has been an issue for 3-4 years and he’s not getting any answers. Mr. Harris reminded Mr. Osgood that the Commission is not in charge of the control structure and that we’re only in the business of enforcement when it comes to Camp Kiwanee. Mr. Osgood surmised that it was possible that the boards at Edgewood Bogs downstream could also be blocking the stream flow. Mr. Clemons commented that he has seen a distinct flow a few times in the last week. Mr. Osgood reiterated that as of last night, the stream was stagnant.
Mr. Murray commented that this was a lack of communication more than anything else and that Mr. Rhodes from Edgewood Bogs should be contacted.
Old Business/New Business
Mileage - signed
MACC/bill – signed
Mr. Lindquist asked that the creation of a Trails Committee be put on as an item on the next agenda. Previously, the Planning Board had formed the Trails Committee, but were no longer able to pay the dues. The group was disbanded last year. Mr. Lindquist was of the opinion that Conservation should establish the Trails Committee. Mr. Clemons reported that he had had a conversation with Bob Dillon, Chairman of the old Trails Committee, and so little had been done in 2010 there wasn’t going to be a report in the Town Report. Mr. Clemons suggested that if the Committee could function under the auspices of the Bay Circuit Alliance, who are a group of trail advocates, we could garner assistance from them. It wouldn’t be all that different from what we had in the past, it
just might be more organized. Mr. Clemons will ask Mr. Dillon to come to the next meeting to discuss how the Committee should be organized. Mr. John Kemmett suggested that “we vote right now to establish the Committee so that part is out of the way.”
Motion to establish a Trails Committee: David Harris
Second: John Kemmett
Vote: 5-0-0
Adjournment
Motion to adjourn at 8:40 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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