HANSON CONSERVATION COMMISSION
MINUTES OF THE PULBIC MEETING OF SEPTEMBER 11, 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 John Kemmett, Chairman, in Meeting Room A at the Town Hall.
Present: John Kemmett, Chairman
Frank Schellenger, Vice Chairman
John Murray, Clerk
David Harris, Member
Phil Clemons, Associate Member
Also Present: Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of August 14, 2012: Frank Schellenger
Second: John Kemmett
Vote: 3-0-1 (Dave Harris abstaining)
Motion to approve minutes of August 28, 2012: Frank Schellenger
Second: John Kemmett
Vote: 3-0-1 (Dave Harris abstaining)
Public Hearings
7:00 PM Continued After-the-Fact Notice of Intent to construct a free standing garage and an addition to an existing dwelling and to install a swimming pool with associated landscaping and site grading within 100 feet of a Bordering Vegetated Wetland at 402 Spring Street, Map 109, Lot 18 for Matthew Duggan represented by Webby Engineering, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0620)
This hearing was continued from 8/14/12. Those present were Mr. Joseph Webby, Attorney Matthew Watsky, Counsel for the applicant and Mr. Matthew Duggan, applicant. Attorney Watsky began by explaining that Mr. Scott Goddard, P.W.S. had performed a reevaluation of the wetland line observing soils as well as vegetation consistent with the Wetlands Protection Act and Local By-laws. He said that Mr. Goddard will document his findings at the next meeting as he was not able to here tonight. Mr. Webby had picked up the new flagging with his survey crew depicting the difference between Mr. Goddard’s and Dr. Hewitson’s line. He requested that the Commission consider a Blanket Permit for test pits behind the existing garage, stipulating that that area was not in dispute,
so that a detailed septic system can be designed.
Mr. Schellenger asked if the erosion control was installed properly. Attorney Watsky answered that Mr. Goddard had inspected and given Mr. Duggan instructions to dig the silt fence into the ground. Ms. Guiney had not been out there since last week, but at that time, the erosion control was discussed. No abutters were present.
Motion to continue to 9/25/12 at 7:45 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
7:15 PM After-the-Fact Notice of Intent to construct an on ground deck within 100 feet of a Bordering Vegetated Wetland at 29 Country Lane, Map 88, Lot 8-211 for Robert M. & Barbara J. Velardi represented by John W. Delano & Associates, Inc., 220 Hudson St., Halifax, MA (DEP#SE175-0624) (New Hearing)
Mr. Murray read the Public Hearing Notice and the abutters were verified. Mr. John Delano, Mr. Robert Velardi and his daughter were present. Mr. Delano made the presentation for an after-the-fact filing for a newer portion of an existing deck that is built on blocks set on the ground. He had flagged the wetlands on 8/10/12 and identified a dry drainage ditch running alongside the property as well as a Bordering Vegetated Wetland 33’ at it’s closest point to the new deck. Mr. Delano added that the proposal is to mitigate for the intrusion into the 50’ buffer zone by planting four (4) High Bush Blueberry shrubs along the existing treeline and to install four (4) Conservation Posts to prevent landscapers or future purchasers from intruding into the buffer.
Mr. Velardi agreed to dispose of the debris in the wetland. No abutters were present.
Motion to approve a variance for work in the 50-foot buffer zone: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Motion to approve an Order of Conditions with standard conditions:
Frank Schellenger
Second: David Harris
Vote: 4-0-0
Appointments
7:30 PM Appointment with Matt Rhodes to discuss signage for Edgewood Bogs and naming the property
Mr. Rhodes could not attend the meeting because of a conflict. However, he had dropped off packets for each of the Commissioners containing pictures of signage at other conservation properties. One picture depicted a large kiosk and another, a manufactured sign. Mr. Rhodes has said that he is willing to pay for the signs. Mr. Clemons commented that the Department of Ecological Restoration (DER) is supportive of kiosks and may contribute wording for the signage. He suggested that the Fishermen’s Landing is an ideal spot and it may be a good idea to place another sign at the border with Camp Kiwanee to mark the Bay Circuit Trail.
Ms. Nehiley relayed what Mr. Rhodes had imparted about naming the property. He said that his only stipulation is that the name includes the word “Reserve” and that it was donated by “Rhodes Family Trust, Edgewood Bogs.” Apart from that, he is amenable to the Commission naming the property as it sees fit. Also, Mr. Rhodes said that the USDA requires a parking area for which he would provide a sign as well. Mr. Clemons said that the issue of parking had not been raised before and wasn’t sure if it was a compatible use. The Commission will brainstorm naming the property.
Edgewood Bogs Update
Mr. Clemons updated the Commission on the progress of the Restoration Plan. He had received a two page response from the DER on the Plan with constructive and realistic advice which he tabulated and forwarded to Amanda Freitas, Ecologist for the Mass. Assoc. of
Conservation Districts. Mr. Clemons hopes to hear back from Amanda within a couple of weeks. He surmised that it was good to have DER was involved. Their main objective is to double check on the flow of the river, the result of which may provide information for the kiosk.
Order of Conditions
Order of Conditions to repair/replace a failed septic system at 153 Union Park Street, Map 2, Lot 329 for John & Myrtle Cairney (DEP #SE175-0623) - signed
Request for Certificate of Compliance
Request for a Certificate of Compliance for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452)
Ms. Nehiley updated the Commission on relevant issues for Deer Hill Road: The DEP had issued a Certificate of Compliance (COC) which was recorded at the Registry of Deeds. The Natural Heritage of Endangered Species Program had sent an email to convey their intent to issue a COC. The Planning Board had signed the as-builts of the Sub-division at their public meeting last night and endorsed their approval as did the Highway Department. Ms. Nehiley was of the opinion that because the DEP had issued a COC for a Superseding Order of Conditions (OOC), the Commission did not have to. The Selectmen’s office requested in a memo dated 8/23/12 if the Commission had any outstanding issues with the development because it was on the warrant for
acceptance at Town Meeting.
Mr. Schellenger was concerned about who was responsible for maintaining the detention ponds because “clearly, the Highway Department isn’t.” He added that it was supposed to be done by a homeowners association, “but we don’t know who they are.” Ms. Guiney suggested a memo to the Selectmen outlining the Commission’s ongoing concern with respect to the Stormwater management and the maintenance of the basins.
Mr. Schellenger asked if there was an outstanding Order from our perspective. Ms. Guiney answered that the DEP was the issuing authority and they override our OOC. Mr. Schellenger was of the opinion that it didn’t override the By-law. Ms. Guiney argued that a separate Order was not issued for the By-law. Mr. Schellenger suggested that if there was an appeal against the WPA, then the OOC for the By-Law stood and it must still be out there. Ms. Guiney said she would look at it again. Mr. Schellenger said he saw no reason why we couldn’t vote for a COC because there’s nothing wrong, he just doesn’t know what “we’re voting it against.”
Ms. Nehiley went to get the file out of the office. The Commission perused the file, but was not able to come to a conclusion on the Certificate of Compliance or who was responsible for the maintenance of the Stormwater management (drainage basins). Mr. Clemons asked if there were any other examples of neighborhoods in Hanson with a homeowners association. Mr. Schellenger answered that “no, and there are also many detention ponds in those developments which are not being maintained.” Mr. Harris commented that “They need to be.” Mr. Clemons
suggested that if there isn’t a precedent, perhaps we should look at other towns. Mr. Schellenger said that he was “making an issue of it because since 2001, there’s been a NPDES Federal Rule that says that towns have to take responsibility for their drainage systems and their MS-4’s and this town has not done that.” His personal opinion, not of the Commission’s, is that “they haven’t done the job and at least a dozen roads have been accepted since then, most with detention ponds for which the town does not maintain.” He wants to know the “name of the person who’s responsible for the Deer Hill Road Extension detention pond maintenance.”
Public Hearings (continued)
8:00 PM Continued Notice of Intent for the construction of a driveway, single family home, intermittent stream crossing and utility service connections within the 100 foot buffer zone to a bordering vegetated wetland as well as alteration of approx. 3,785 s.f. of vegetated wetland at Whitman Street, Map 109, Lot 4 (builders Lot 1) for Thomas Hastings of Thomas J. Hastings Co., LLC, represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0616)
8:00 PM Continued Notice of Intent for the construction of a driveway, single family home, intermittent stream crossing and utility service connections within the 100 ft. buffer zone to a bordering vegetated wetland at Whitman Street, Map 109, Lot 4 (Builders Lot 2) for Thomas Hastings of Thomas J. Hastings Co., Inc. represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0617)
Motion to continue until 9/25/12 at 7:15 PM per request of applicant:
Frank Schellenger
Second: David Harris
Vote: 4-0-0 (Mr. Harris mentioned that he had listened to the tape of the previous meeting of 8/28/12)
Old Business/New Business
Liddell signs/invoice – signed
Clipper Press/invoice – signed
Consultant Review/invoice – signed
Letter requesting a 60-day extension to an OOC for 205 Andrew Lane (DEP #SE175-0618)
Motion to grant a 60-day extension to the Order of Conditions: Dave Harris
Second: John Murray
Vote: 4-0-0
Adjournment
Motion to adjourn at 8:05 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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