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Conservation Minutes, August 9, 2011
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 9, 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:                   Frank Schellenger, Vice Chairman  
   John Murray, Member
  John Kemmett, Clerk
Absent:                    David Harris, Member
Also Present:              Rebecca Nehiley, Administrative Assistant                         
                           Richard Vacca, Agent

A Motion was made to recess so that the members could briefly attend the Selectmen’s meeting to discuss acceptance of the Conservation Restriction on 444 Birchbark Drive.  All were in favor.   Unfortunately, the Commission was not able to pursue the discussion with the Selectmen because they were predisposed and in conversation.  The Commission reconvened at 7:50 PM.


Public Hearings

7:30 PM  Continued Request for an Amendment to an Order of Conditions for the conversion of an existing tight tank to a more conventional system at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith and Susan Sanders (DEP #SE175-0591)

        Motion to continue to 8/26/11 at 7:45 PM per request of applicant:  John Kemmett
        Second:  John Murray
        Vote:  3-0-0


7:45 PM  Appointment with Alan Osgood to discuss the control structure at Camp Kiwanee
Mr. Osgood did not appear for his appointment.

8:00 PM   Notice of Intent (NOI) for the construction of a new, modernized interconnection between the Brockton and Hanson water systems to supplement the drinking water produced by the Crystal Spring Wellfield at 1630 Main Street, Map 45, Lot 12A for Neil Merritt, Superintendent of the Hanson Water Department represented by Camp, Dresser & McKee, Inc., 50 Hampshire St., Cambridge, MA  02139  (DEP #SE175-0607)  (New Hearing)

John Kemmett read the Public Hearing Notice and the abutters were verified.  Magdelena Lofstedt, a CDM consultant for the Water Department made the presentation for the construction of an interconnection between the Brockton and Hanson water systems to reduce the taste related effects of high chlorine in the Brockton water supply.  Phase I consists of the installation of a new 12-inch diameter water main (approx. 2,100 linear feet) within the existing road, the installation of a tapping sleeve and valve to connect to the Brockton transmission main and the horizontal directional drilling of the new water main beneath the existing culvert in the access road for a  stream, a tributary of Poor Meadow Brook.  All impacts are to be temporary with the access road restored to pre-construction grades and surface composition.  Because a portion of the project falls within an area of state-listed Priority Habitats of Rare Species, the applicant filed the NOI with the Natural Heritage and Endangered Species Program.  A letter dated 8/9/11 was received from NHESP with a determination that the project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species.  Mr. Vacca had one minor comment that had been addressed and otherwise suggested only that a special condition, requiring the submission of a de-watering plan be included in the Order of Conditions.  Mr. Schellenger asked for comments from abutters.  Those present were:
Mr. Gary Parker, Franklin Street – He wanted to know the location of the connection.  Mr. Joseph Duffy, member of the Water Department answered that it was on Main Street (Route 27) where it meets with Franklin Street.

        Motion to approve and issue an Order of Conditions:  John Kemmett
        Second:  John Murray

Mr. Schellenger disagreed with the classification of the tributary as an “Intermittent” stream.  He was of the opinion that it was a “Perennial” stream as shown on the USGS map with a buffer zone associated with at as stated in the By-Law.   Mr. Schellenger also questioned the term “approximate location” on the plan for the directional drilling.  Ms. Lofstedt said that the contractor will not go off the road.

Vote:  3-0-0 (with the condition that a de-watering plan shall be submitted for the Agent’s approval and pending a revised plan and NOI that stipulates the stream is perennial)

        Motion to approve variance to work within the 50-foot buffer zone:  John Kemmett
        Second:  John Murray
        Vote:  3-0-0


8:15 PM  Request for Determination of Applicability to survey trails, post signs and trail markers, and to clear and map new trails at the Webster-Billings Conservation Area off of Old Pine Drive, Map 105, Lots 1, 2, 5 and Map 112, Lot 14 for Brendan Keane as part of his Eagle Scout Project  (New Hearing)

John Kemmett read the Public Hearing Notice and the abutters were verified.  Mr. Brendan Keane made the presentation.  He said that he wanted to create awareness of open space by posting signs, updating trail maps and rerouting two trails due to issues.  He explained that one existing trail goes offsite and another is too close to an abode.  Eventually, he said, everything will grow back and the old trails will become obsolete.  Also, he will be tagging all the trails and will be using a GPS to map the new ones.  Brendan said that originally, he was going to build a boardwalk over one of the areas, but having gone down there while it was raining, he determined that it wasn’t necessary.  Mr. Schellenger asked for comments from abutters.  Those present were:

Mr. & Mrs. Stephen Costa, Helen Drive – They were concerned that the area of one of the new proposed trails was “100% wetland” and suggested that cutting for it be postponed until the spring.      
Mrs. Eileen Gilleo, Old Pine Drive – Her main concern was parking.  She explained that people often used her driveway as a turnaround.  Mr. Vacca proposed that everyone that has an interest in the neighborhood come and meet with himself and Becky to talk about how to further develop the site.  A definitive parking plan has not been included in the Management Plan at this time.   
Mr. Jimmy Franco, Helen Drive – Asked if the new trail crossed over private property.  Mr. Vacca assured him that it is town owned land.  The current trail needs to be relocated off of private property.

Mr. Kemmett thanked Brendan for his presentation and suggested omitting the trail that is near a potential resource area from his plan until it can be looked at and possibly delineated next spring.

Motion to close the Public Hearing and issue a Neg. 3 Determination (approval) for trails and signage:  John Kemmett
        Second:  John Murray
        Vote:  3-0-0

Orders of Conditions

Order of Conditions for an ATV course for personal recreational use at 20 Spring Street, Map 6, Lot 1390 for Eric J. Hatch, Trustee, Budda Realty Trust  (DEP #SE175-0605)  - signed
Order of Conditions for the construction of a pool cabana on a slab, on grade at 354 State Street, Map 112, Lot 1-0-R for Scott Phillips   (DEP #SE175-0606) – signed


Discussions

Reorganization

        Motion by John Kemmett to reorganize as follows:  Frank Schellenger/Chairman
                                                               John Kemmett/Vice Chairman
                                                               John Murray/Clerk
        Second:  John Murray
        Vote:  3-0-0

        
Old Business/New Business

Request for a Minor Correction to the approved plans for StoneBridge Commons (DEP #SE175-396)
Mr. Mark Ridder attended the meeting to ask that the Commission approve a change to the plan as a “Minor Correction” because the number of approved units on Buttercup Lane have been reduced from 14 to 13.  The buildings are in the same location and there is no change in the scope of work.  He added that the change had been approved by the Planning Board and that it conforms with Zoning.  Mr. Vacca said that it resulted in slightly less impact.

        Motion to approve a “Minor Correction” to the approved plan:  John Kemmett
        Second:  John Murray
        Vote:  3-0-0

Request for a Certificate of Compliance for 17 Deerhill Road, Map 102, Lot 18-4 for Wayne Turner (DEP #SE175-0529) – passed over for lack of information

ClipperPress/bill – signed


Adjournment

        Motion to adjourn at 9:00 PM:  Frank Schellenger
        Second:  John Murray
        Vote:  3-0-0