HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 8, 2012
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:00 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
Absent: Phil Clemons, Associate Member
Also Present: Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of April 10, 2012: David Harris
Second: John Kemmett
Vote: 4-0-0
Motion to approve minutes of April 24, 2012: David Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:00 PM Request for Determination of Applicability for the construction of a deck with 9 10” sonna tubes within 100 feet of a Bordering Vegetated Wetland (BVW) at 28 Old Pine Drive, Map 113, Lot 14-15 for Brian and Amy Rowan (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. & Mrs. Rowan attended the hearing to request a variance to construct a deck within 40 feet of the BVW on sonna tubes. No heavy equipment shall be used.
Motion to grant a variance from the 50’ No Disturb zone: David Harris
Second: John Murray
Mr. Harris noted that a pile of debris (yard waste) is to be removed from the resource area and no more added in perpetuity.
Vote: 3-1-0 (John Kemmett against)
Motion to approve and issue a Neg. 3 Determination of Applicability with the condition that the debris is removed and that the wetland line has neither been confirmed nor accepted: David Harris
Second: John Murray
Vote: 4-0-0
7:15 PM Notice of Intent to replace an 8’ x 8’ existing shed with a new 12’ x 14’ shed on a footings and slab within 50 feet of a Bordering Vegetated Wetland at 412 Woodbine Avenue, Map 3, Lot 28B-1 for Robert Burns, 412 Woodbine Ave., Hanson, MA 02341 (DEP #SE175-0615) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. & Mrs. Burns attended the hearing to propose replacing an existing 8’ x 8’ shed on cinderblocks with a 12’ x 14’ shed on a concrete slab. It will be in the same location although slightly further away from the wetland. Mr. Harris inspected and commented that it’s a previously disturbed area and there is little room to do anything else. Ms. Guiney said that the Mean Annual High Water line (MAHW) from the White Oak Brook is estimated to be over 100’ from the proposed shed. Mr. Schellenger suggested that an Alternative Analysis is required and also asked if heavy equipment is to be used. Mr. Burns answered that a small vehicle will just “scratch the
earth.” He added that the Building Inspector, Bob Curran, suggested a 6” slab with a layer of stone underneath. Mr. Kemmett said that he would like to see the shed on footings instead.
Motion to approve variance to work in the 50’ No Disturb zone: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Motion to approve an Order of Conditions with special conditions to use footings/pilings instead of a slab, to remove yard waste from the resource area and that the MAHW has neither been confirmed nor accepted: David Harris
Second: John Murray
Vote: 4-0-0
7:30 PM Request for Determination of Applicability for the installation of a pre-packaged 30,000 gallon capacity propane gas Aboveground storage tank at 1158 Main Street, Map 43, Lot 50 for Hanson Fuel Co., Inc. represented by Environmental & Energy Solutions, Inc., 22 Industrial Blvd., Hanson, MA (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Joseph Dorsett of Environmental & Energy Solutions, Inc. and Mr. Larry Lundin, owner of Hanson Fuel attended the hearing. Mr. Dorsett began the presentation by saying that Mr. Lundin has been in operation for 33 years as a residential fuel oil delivery company and a septic installer. Mr. Dorsett went on to say that because the propane business has grown and become more competitive, Mr. Lundin wants to install a 30,000 gallon storage tank right next to the current tank. The proposal would not create anymore impervious surface than what exists there now and no further disturbance. Mr. Dorsett added that the fence defines the wetland line.
Mr. Harris commented that he had been there and made the disclaimer that he is also a customer. Mr. Harris also said that there’s paving right up to the fence, it’s an existing and clean operation, and there are a lot of controls around the storage tank. Mr. Schellenger commented that there is a perennial stream behind the fence that is depicted on the USGS map rendering the project within the 100’ Riverfront Area and also within the 95’ Commercial No-Disturb setback for which variances would be required for both. Mr. Kemmett suggested that a Notice of Intent be filed.
Motion to deny and issue a Positive Determination of Applicability with a condition to file a Notice of Intent with scaled drawings, an Alternative Analysis, Requests for Variances for work within the 100’ Riverfront Area and within the 95’ Commercial Setback Area and a Stormwater Management Report: John Kemmett
Second: David Harris
Vote: 4-0-0
7:45 PM Continued Notice of Intent for a proposal to control aquatic nuisance vegetation by the Town of Halifax to treat the algae in the western basin 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 5/22/12 at 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
8:00 PM Continued Notice of Intent for a proposal for site preparation for redevelopment of an existing commercial facility where construction of the facility is not proposed under this NOI at 1101 Main Street, Map 42, Lots 60 & 60A for Joseph Marangiello, J & M Realty Trust represented by Land Planning, Inc., 1115 Main Street, Hanson, MA 02341 (DEP #SE175-0610)
Motion to continue to 5/22/12 at 7:15 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
Requests for Certificates of Compliance
Continued Request for a Certificate of Compliance for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452)
Ms. Nehiley reported that the applicant for Deer Hill Road Extension had not submitted any new information and in fact had been taken off the warrant for Town Meeting for acceptance because of lack of information.
Motion to take this item off the agenda: John Murray
Second: David Harris
Vote: 4-0-0
Continued Request for Certificate of Compliance for 284R Monponsett Street, Map 31, Lot 13-1 for Nadeam Nahas (DEP #SE175-0568)
Ms. Guiney reported that she and Mr. Murray had made a site inspection on 5/1/12 during a period of heavy rainfall and that no erosion was observed. She took photos. Mr. Murray added that the area looked stable.
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Appointment
7:45 PM Appointment with Mr. Joseph Kerrissey III, Kerrissey, LLC regarding 0 Franklin Street
Mr. Schellenger commented that Kerrissey, LLC had been issued an Enforcement Order and a ticket for the violation of work within the buffer zone of a BVW (operation of a solid waste facility) and for failure to comply with a verbal Cease and Desist on 4/10/12 from the Conservation Agent which was followed up with a written C & D the next day sent regular and Certified mail. He added that the work had been carried out without a permit from this office and that Mr. Kerrissey must submit a Notice of Intent (NOI).
Mr. Kerrissey (son), who attended the meeting with his father and addressed the Commission herewith, alleged that he never received anything in the mail, although he agreed that was his mailing address. He said that he had contacted the Conservation Commission last October and hadn’t had any issues with this Department or the other Departments in Town Hall. He alleged that he had followed it up with “numerous phone calls” to Conservation since last October. Mr. Kerrissey allegedly was told that everything was outside the 100’ buffer zone. Mr. Kerrissey said that he was given permission from the Executive Director of the Department of Environmental Protection (DEP) and issued a Consent Order to crush the debris and remove it
offsite. He claimed that all the Boards in the Town Hall were on board. Mr. Schellenger commented to Mr. Kerrissey that if “there were a wetland and this type of operation was going on, no one would tell you “no problem.””
Mr. Harris asked what the timeline was for completion. Mr. Kerrissey answered that they will be done and out of there in 8-9 weeks. Mr. Schellenger asked if that was a deadline issued from DEP to which he replied yes, although the proposed Assisted Living facility needs material and they are actually bidding on the sitework. Mr. Kemmett suggested that Mr. Kerrissey take a look at the Town of Hanson’s Wetlands By-Law and the requirements for a NOI. Mr. Kemmett’s major concern was that this was a commercial operation within a 95’ no disturb zone and that any activity conducted without erosion control may have affected the wetland resource area. Also, if there has been any damage, the mechanism for repairing that damage would
be a NOI.
Ms. Guiney suggested that the original Cease and Desist from DEP had been from the Solid Waste Division and that it was very unusual for Wetlands and Waterways not to notify us. She also mentioned that the Conservation C & D is still in effect. Mr. Schellenger commented that we need to see a copy of the Administrative Consent Order and asked Mr. Kerrissey if he could bring us a copy. Mr. Kerrissey said “yes” and he would bring it in by Thursday, 5/10/12. Mr. Kemmett asked Mr. Kerrissey if he could install haybales around the piles of debris in the meantime to which he answered “yes.”
Determination of Appicability
Neg. 3 Determination of Applicability for the installation of an above ground at 134 Old Pine Drive, Map 105, Lot 14-22 for Philip E. Lindquist - signed and issued
Discussion
Edgewood Bogs update
Ms. Nehiley updated the Commission in that after talking with Mr. Matt Rhodes, former owner of the bogs, the gate which had been removed inadvertently was returned. Also, Mr. Rhodes wants to meet with the Commission sometime in the future to discuss naming the property and the creation of a sign outlining its value and the Commission’s mission. Ms. Nehiley also asked the Commission for a vote to purchase signs for this and other conservation properties prohibiting unauthorized vehicles (ATV’s) in response to numerous complaints received in the office and the Selectmen’s office.
Motion to approve the purchase of signs with money from the Conservation Fund: John Kemmett
Second: John Murray
Vote: 4-0-0
Old Business/New Business
Ratification of Enforcement Order for 0 Franklin Street, Map 67, Lot 6A-2 - signed
Ratification of Ticket for Franklin Street, Map 67, lot 6A-2 - signed
Clipper Press/bill – signed
WB Mason/bill – signed
Resignation letter from Audrey Hayward – duly noted
Brookbend Road
Ms. Guiney reported that after having received notification from a representative of NStar of a possible commercial operation within conservation jurisdiction, she inspected from their electrical easement and took pictures of what appears to be a violation. She was of the opinion that major work (wood chipping operation) was going on right up to the riverfront area. Mr. Harris commented that he had driven by and also saw on Google Earth maps that the property backs right up to the Indian Head Brook. He suggested that the Building Department is notified. Ms. Guiney will send a letter to the owners requesting a meeting.
81 Ocean Avenue
Mr. Schellenger reported that after receiving a number of complaints last week from Mrs. Audrey Hayward claiming that Mr. Smith was working at the edge of the pond, he inspected and was of the opinion that it was the repair of an already existing stone wall. He suggested to Kevin to come into the office and file a request for a minor correction to his Order of Conditions. He did so and is scheduled to come in to the next meeting. Ms. Guiney said that there has been some discussion with DEP who are of the opinion that Mr. Smith needs a lot more. She suggested that the others on the Commission review and make up their own minds.
Williams Way
Ms. Guiney reported that the Commission has a Conservation Easement for access to the Webster Billings property and after inspection found that it had been blocked. After research, it was determined that the owners are aware of the easement. Ms. Guiney suggested a letter be sent.
144 Adams Circle
Ms. Guiney had drafted a letter outlining the agreed upon actions to remediate the encroachment onto Conservation property with the owner. Said letter was the result of a meeting held in the Conservation office with the owner, John Murray, Dave Harris and Ms. Guiney on May 1, 2012. Mr. Schellenger signed the letter. The owner has 6 months to perform the work.
205 Andrew Lane
Ms. Guiney reported that Mr. John Delano has been retained by the owners to submit a Notice of Intent along with a restoration plan.
Mr. Harris commented that he took offense at Town Meeting at the suggestion that Conservation was not a busy office. He was of the opinion that the decisions made at Town Meeting with regard to the combined Planning and Conservation Departments will not work.
Mr. Kemmett volunteered to assist in the interview process for the applicants for Town Planner/Conservation Agent. Ms. Nehiley will let Mr. Read know.
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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