HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 26, 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: 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 July 12, 2011: John Kemmett
Second: John Murray
Vote: 3-0-0
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 until 8/23/11 at 7:30 PM per request of applicant:
Second:
Vote: 3-0-0
8:00 PM Continued Notice of Intent for a proposal to construct an ATV course for personal recreational use within 50 feet of Isolated Land Subject to Flooding at 20 Spring Street, Map 6, Lot 1390 for Eric J. Hatch, Trustee, Budda Realty Trust represented by John W. Delano & Associates, Inc., 220 Hudson Street, Halifax, MA 02338 (DEP #SE175-0605)
Mr. Kemmett stated for the record that he had reviewed the tape of the meeting of 7/12/11. Mr. Delano submitted a letter dated 7/19/2011 from the Natural Heritage of Endangered Species Program (NHESP) of the Division of Fisheries and Wildlife confirming that the area was not within Priority Habitat as the site was constructed before it was mapped in October, 2006. Therefore, the project “will not adversely affect the Resource Area Habitat of state-protected rare wildlife species.” Mr. Kemmett asked Mr. Delano if he thought that ATV use would affect wildlife. Mr. Delano commented that the wildlife appeared to be adapting to “suburban sprawl.”
Mr. Vacca read an e-mail dated 7/26/11 from Mr. Bob Curran, Building Inspector and reviewed his response with the Commission. Mr. Curran was of the opinion that if the property was in no way used by the commercial entity and if the lot was completely separate from the auto repair lot, then zoning had no jurisdiction. Mr. Delano elaborated by saying if the commercial use spilled over onto the track, it would be considered a violation. Mr. Schellenger asked if the revised ATV laws had to be voted into the By-Law. Mr. Vacca answered that it was a state statute, overseen by the Environmental Police.
Mr. Delano said that he had asked Mr. Hatch if he would clean up the resource area (RA) as mitigation for the 1,060 sq. ft. of disturbance within the 50’ no disturb zone (NDZ) as discussed at the previous meeting. Mr. Kemmett compared the project to illegal ATV activity that he had witnessed at the Burrage Pond Wildlife Management Area and the impact it had caused to wildlife values there. Mr. Delano agreed that ATV’s are destructive, but argued that unlike Burrage Pond, this RA doesn’t have a lot of value other than flood storage quality as it’s not a vernal pool and indeed an “historic dump” by a previous owner. Also, it is protected from runoff by an existing earthen berm.
Motion to deny variance from 50’ No Disturb Zone based on lack of information:
John Kemmett
Second: John Murray
Vote: 2-1-0 (Frank Schellenger against)
Mr. Delano requested that the Commission approve a revision to the plan whereby the portion of the track within the 50’ NDZ is removed and restored with a conservation seed mix.
Motion to issue an Order of Conditions pending receipt of a revised plan depicting restoration of 1,060 sq. ft. of buffer zone, conservation posts at the 50’ NDZ and cleanup of the resource area: John Kemmett
Second: John Murray
Mr. Delano wanted to make the distinction that Mr. Hatch will clean up his side of the property only.
Vote: 3-0-0
8:15 PM Continued Notice of Intent for the construction of a pool cabana on a slab, on grade within 50 feet of a Bordering Vegetated Wetland at 354 State Street, Map 112, Lot 1-0-R for Scott Phillips (DEP #SE175-0606)
Mr. Vacca ran through a list of items that were missing from the Notice of Intent. All had been submitted, including notification of abutters. Mr. Phillips explained to the Commission that when his pool was approved in 2003, the RA was flagged and was 80’ away. Over time, the wetlands have crept closer. He requested a variance from the 50’ NDZ because he will not be excavating, there will be only 300 sq. ft. of disturbance and he has proposed erosion control. Mr. Kemmett commented that he would like to see some form of mitigation in exchange for a variance.
Motion to approve an Order of Conditions with a variance from the 50’ NDZ in exchange for conservation posts at the existing treeline: John Kemmett
Second: John Murray
Vote: 3-0-0
Request for Certificate of Compliance
Request for a Certificate of Compliance for 295 Monponsett Street, Map 31, Lot 9C-2 for Mr. & Mrs. Mark Murphy (DEP #SE175-307)
Motion to approve and issue: John Kemmett Second: John Murray Vote: 3-0-0
Request for a Certificate of Compliance for 341 East Washington Street, Map 107, Lot 8 for Mr. & Mrs. David O’Neill (DEP#SE175-0588)
Motion to approve and issue: John Kemmett Second: John Murray Vote: 3-0-0
Request for Certificate of Compliance for 1158 Main Street, Map 43, Lot 53 for Hanson Fuel, Inc. (DEP #SE175-112)
Mr. Vacca requested that the Commission approve two things after giving an overview of the history of this particular filing to the Commission. First, an Enforcement Order was issued in 1988, was recorded by the Commission at the Registry of Deeds and had never been released.
The EO was for filling and grading within the Bordering Vegetated Wetland and the 100’ buffer zone. It stipulated that debris be cleaned up, a fence be constructed and that a Notice of Intent (NOI) be filed. Because all of these things were done a long time ago, Mr. Vacca recommended lifting the EO.
Motion to Release Enforcement Order: John Kemmett
Second: John Murray
Vote: 3-0-0
Secondly, an Order of Conditions was issued in 1991 for a scope of work that was never started. The proposal outlined in the Notice of Intent filed in 1988 (for a previous tenant) was to involve a waste oil transportation and disposal business at the site. Originally the proposal was denied. The applicant received a Superseding OOC from DEP and the Superior Court remanded the case back to the Commission. A revised NOI was filed in 1990, the hearing was closed and an Amended OOC was issued in 1991. Mr. Vacca conducted an inspection on 7/19/11 and found the area in substantial compliance. In addition, a Wetlands Operation and Maintenance Plan addressing such matters as swale management and evasive species eradication will be prepared and submitted to the Commission no later
than 9/9/11.
Motion to approve and issue a Certificate of Compliance: John Kemmett
Second: John Murray
Vote: 3-0-0
Discussions
Conservation Restriction for 444 Birchbark Drive Mr. Vacca explained that the parcel in question was Conservation land at one time, but had been sold off illegally. The current owners,
Brian and Maria Simonelli, want to give a conservation restriction to the Town, reserving the right for sufficient access for themselves so that they can develop a lot. Mr. Kemmett asked if the parcel was a resource area. Mr. Vacca answered that it wasn’t. It was an open parcel with a transmission line that runs through it. For this, they propose to compensate the Town with $10,000 which is slated to go into the General Fund. A vote is needed as well as signatures on an Acceptance of Restriction that requires notarization. Mr. Kemmett asked why the money wouldn’t go to the Conservation Fund as the Commission would be responsible for managing it. A motion was made by John Kemmett to accept the parcel, but because there was no second, the motion failed. The
issue has been tabled until the next meeting.
Old Business/New Business
Letter of Resignation from Philip R. Lindquist, Chairman
Mr. Schellenger acknowledged with deep regret the resignation of Chairman, Phil Lindquist, “who served the Town ably and well and we thank him. He will be sorely missed by fellow Conservation Commissioners, by Conservation staff and the citizens of Town of Hanson.”
Mileage Reimbursement – signed
Authorized Signature Forms – signed
Reorganization
Tabled until Dave Harris gets back from vacation.
CPC Update
Mr. Kemmett updated the Commission on the sign for the Nathaniel Thomas Mill. It was denied by the Board of Appeals because it requires a variance. He is going through the process now. It is being paid for with Community Preservation Committee administrative funds.
While on the subject, Mr. Kemmett wanted to bring up an issue of maintenance at the Mill, specifically mowing. Mr. Kemmett is of the opinion that Conservation is responsible, but is concerned that details are not mentioned in the draft management plan for this type of maintenance. They have several estimates for what it costs, but the CPC is unwilling to pay for it, at least without an application for funding. The cost is around $140.00 the first time and $70.00 after that during the season. Mr. Vacca thanked CPC for their input with respect to the management of the property, but, this is conservation land and the ultimate responsibility falls to us. Mr. Kemmett asked if CPC could have copies of the draft Management Plan.
Adjournment
Motion to adjourn at 9:30 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
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