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Conservation Minutes, September 27, 2011
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 27, 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, Chairman, in Meeting Room A at the Town Hall.
        
Present:                   Frank Schellenger, Chairman
   John Kemmett, Vice Chairman  
   John Murray, Clerk
                          David Harris, Member
Also Present:              Rebecca Nehiley, Administrative Assistant                         
                           Richard Vacca, Agent


Minutes

Motion to approve minutes of September 13, 2011:  David Harris
Second:  John Kemmett
Vote:  4-0-0


Public Hearings

7:30 PM  After the Fact Notice of Intent for an Emergency Project involving the demolition and removal of a dilapidated commercial structure at 1101 Main Street, Map 42, Lot 60A for Joseph Marangiello, J & M Realty Trust represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  02341  (DEP #SE175-0608)  (New Hearing)

John Murray read the Public Hearing Notice and the abutters were verified.  Mr. Steve Wry of Land Planning, Inc. made the presentation for the removal of debris from the demolition site of the former Cape Cod Cranberry Company building, the foundation of which is all that remains. Asbestos roofing material was separated and removed offsite by a licensed asbestos contractor.  Another existing building, formally used for refrigeration, is still intact.  The stockpiled timbers from inside the demolished building as well as stockpiles of debris are depicted on a plan dated 9/9/11.  Ms. Sharon LaPorte delineated the wetland line on 8/1/11.  She looked for the edge of pavement visually and relied on historic plans as well, but it was difficult to locate as it is overgrown with vegetation.  Basically, Mr. Marangiello is seeking an Order of Conditions to remove the remaining debris from the site and to conduct soil testing to determine suitability for design of an onsite septic system.  Mr. Wry proposed that when they make improvements to the site, they will come back to the Commission at that time with a new Notice of Intent.
Mr. Vacca inquired as to the status of their plans for pumping and dewatering operations.  Mr. Peter Cavallo, representative for Mr. Marangiello, answered that the permit for pumping and discharging the water from the foundations has been submitted to Department of Environmental Protection and the Environmental Protection Agency and they anticipate hearing from those organizations within the next two weeks.  Mr. Vacca recommended that the Commission have an opportunity to review the specifications so that it could be included as a special condition of an Order of Conditions for this filing.  Mr. Vacca also suggested that Mr. Wry depict the locations of the test pits on a revised plan.   

Mr. Kemmett put forth a question of if an Order of Conditions for this Notice were issued, would the Commission be approving the wetland delineation for future hearings?  He was of the opinion that an independent consultant should be hired to review the wetland line. Mr. Vacca responded that the work that was done was of an emergency nature and that the resource areas, as we know them now, are protected for this particular portion of the work.  He suggested that when it comes time for development, if there’s still a question, then that would be the time to address it.  Mr. Schellenger asked if the dewatering would require a new NOI.  Mr. Vacca was of the opinion that an amendment would be the most expeditious way to accomplish that if there were already an open Order of Conditions.

Motion to continue until 10/11/11 at 7:45 PM pending payment of taxes that are in arrears and receipt of a Variance Request:  David Harris
Second:    John Kemmett
Vote:  4-0-0

Blanket Determination of Applicability

Blanket Permit for Hanson property owners seeking permission for small projects (listed in the Public Hearing Notice) within 50-100 feet of a resource area.  Parcel addresses and assessor references vary dependant on individual requests filed. – signed


Discussions

O & M Plan for Camp Kiwanee
Mr. Vacca reported that he did not have an opportunity to meet with Al Hanscom and suggested that the discussion be postponed until 10/27/11.  

Blanket Permit for 23 South Street, Map 24, Lot 42
Ms. Nehiley reported that after reviewing a plan depicting the resource area and the location of test pits for a septic system which were outside of the 50’ buffer zone, a blanket permit was issued for the proposed activity.

Ethics Reform Training requirements
Ms. Nehiley reminded the Commission to review the Ethics Law and take the online training exam.  This is a requirement every two years of everyone in public service and confirmation of completion of the exam must be submitted to the Town Clerk.


Old Business/New Business

Appointment of Mr. Wes Blauss to Trails Committee

        Motion to appoint Mr. Blauss to Trails Committee:  David Harris
        Second:  John Kemmett
        Vote:  4-0-0    

Update on 1222 Main Street:   Mr. Vacca reported that he had an opportunity to meet with Mr. Hussey onsite last week.  Mr. Hussey owns a nursery and grows trees and wetland plants for restoration projects.  He had improved his access road within 6” of a certified vernal pool and across two parcels of conservation land as well conducted activities within the inner and outer riparian zones to Poor Meadow Brook.  He was apologetic for not having acquired the proper permits.  At Mr. Vacca’s recommendation, he is going to have Dr. Walter Hewitson flag the wetlands and submit an After the Fact Notice of Intent.  In addition, Mr. Hussey will get a farm plan from USDA.  He is currently not in the Chapter 61 Program which is the tax abatement program for agricultural use.  Mr. Vacca explained the difference between normal maintenance and improvement and that having a Farm Plan would not preclude him from permitting for improvements.
 

Adjournment

        Motion to adjourn at 8:20 PM:  Frank Schellenger
        Second:  John Murray
        Vote:  4-0-0