HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 16, 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
Absent: Phil Clemons, Associate Member
Also Present: Laurie Muncy, Agent/Planner
Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of September 25th, 2012: David Harris
Second: John Murray
Vote: 4-0-0
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 9/11/12. Mr. Joseph Webby and Mr. Scott Goddard, P.W.S. of Goddard Consulting attended the hearing to represent the applicant, Mr. Matthew Duggan. Mr. Webby commented that since the last hearing, a Blanket Permit was issued for perc tests. Consequently, septic plans were submitted to the Board of Health and are pending approval subject to minor revisions.
Mr. Goddard explained that he was brought in to review the wetland boundary after the project began. Using a multi-parameter approach, he delineated a fresh line that over-lapped with Dr. Hewitson’s. He submitted a wetland report with data sheets dated 10/8/12. He also presented aerial photos showing the historic treeline which was then depicted on the plan. Mr. Goddard suggested keeping the existing grassed area with an exception of a small area to be cleared and eliminate the proposed garage resulting in no disturbance in the 50’ buffer zone.
Mr. Goddard commented that Mr. Duggan had received a violation letter (dated 10/10/12) regarding inadequately installed erosion control (EC). He acknowledged that the EC has not been repaired. However, he said, there is currently no activity, no stockpiling, the area is flat and weedy and there is no erosion or impact to the wetland. Mr. Goddard proposed that prior to any new activity at the site, the EC shall be installed properly and any work will be in a previously disturbed area in the buffer zone. In addition, the plans have changed and they’re looking for confirmation of the wetland line and the approval of the project. He requested that the Commission by-pass the enforcement action.
Mr. Webby requested that the Commission allow the septic installation under the existing Blanket Permit so that the applicant can at least move forward with that part of the project. He added that temporary EC will be installed around the work area. Mr. Schellenger remarked that “you should have installed the erosion control before the perc’s. It needs to be installed properly and installed now.” Mr. Harris exclaimed that “nothing has been done and we’ve been lied to. It’s a credibility issue.”
Ms. Guiney said that she did not agree with the line and recommended hiring a consultant. Mr. Goddard suggested that he would be happy to walk the site with Mary with the data sheets in hand. He
added that Dr. Hewitson did not use soils in his criteria which he said, in the Hanson By-law, is a primary indicator of wetlands. Mr. Duggan said that “at this point, if he incurs any more cost, he’s done with the project.” He “did the best he could.” He also said he didn’t know how to install a silt fence. Mr. Schellenger suggested that he had “plenty of help, all he had to do was ask.”
Mr. Goddard commented that the wetland line closest to the septic system is not in dispute. Ms. Guiney agreed, but clarified that she concurred with Dr. Hewitson’s flag numbers 1, 2 and 3.
Motion to approve and to go forward with the septic installation under the Blanket Permit: David Harris
Second: John Murray
Vote: 4-0-0
Motion to continue the hearing until 10/30/12 at 7:30 PM: David Harris
Second: John Murray
Mr. Kemmett suggested that the information that was submitted tonight be reviewed.
Vote: 4-0-0
7:15 PM Notice of Intent for the installation of a pre-packaged 30,000-gallon capacity propane Aboveground Storage Tank within 100 feet of a Bordering Vegetated Wetland at 1158 Main Street, Map 43, Lot 50 for Larry Lundin, Hanson Fuel Co., Inc. represented by Environmental & Energy Solutions (DEP #SE175-0625) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Joseph Dorsett of Environmental & Energy Solutions attended the hearing to make the presentation accompanied by Mr. Larry Lundin. He began by saying that he had walked the property today with Ms. Guiney and Ms. Muncy to familiarize them with the Stormwater management system. To that end, he submitted a Stormwater checklist dated 10/16/12 that was signed and stamped by a Registered Professional Engineer. Mr. Dorsett also submitted a new plan dated 9/10/12 depicting the 50’ and 100’ buffer zones (bz) and 200’ outer riparian zone. A Variance Request was submitted for work within the 50’ bz.
Mr. Dorsett reiterated that, as stated in the original Notice of Intent, the work is 8’ from the resource area, but is outside the 200’ riparian zone. Haybales are proposed along the limit of work, which is the inside of the fence and there will be minor excavation with no stockpiling onsite. All excavated materials will be trucked offsite immediately so as to avoid any erosion issues associated with construction. Additional sediment control was proposed by the cleaning of two (2) catch basins every two years.
Mr. Lundin added that he doesn’t sand or salt his parking lot and hasn’t for a long time which cuts down on sedimentation. Mr. Kemmett asked if he inspects the Stormwater management system annually to which Mr. Lundin replied that he inspects on a weekly basis which is documented and reported to the Fire Marshall. Mr. Kemmett requested that Mr. Lundin submit an annual report to the Conservation Commission in the Spring.
Motion to approve a request for variance to work within the 50’ buffer zone: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Motion to approve and issue an Order of Conditions with regular conditions: Frank Schellenger
Second: David Harris
Vote: 4-0-0
7:30 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)
7:30 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 hearings for Lots 1 & 2 to 10/30/12 at 7:00 PM per request of applicant:
Frank Schellenger
Second: John Murray
Vote: 4-0-0
Discussions
Adams Circle
Ms. Guiney commented that she and Ms. Muncy had been out to Adams Circle recently where there are three town owned lots under the care and custody of the Conservation Commission being used as a dump for yard waste. Ms. Guiney said that she cannot be certain where it’s coming from.
Also, the owner of 144 Adams Circle has installed chicken wire and blocked access to Conservation land. He has until November 1st to remove the fence. He is also dumping grass into the riverfront area. Ms. Muncy had a suggestion to make a compost area on one of the lots. Mr. Kemmett commented that there is a compost area at the transfer station. Mr. Harris added that it’s not zoned for commercial use and the land is owned by the town of Hanson and therefore, anyone, in effect, could dump there.
Mr. Harris surmised that people have to be educated about the best way to dispose of grass clippings, leaves and yard waste so as not to contaminate the resource areas with pesticides and fertilizer. To that end, he suggested that we need to post signage at town owned Conservation properties to make people aware of ownership and then post No Dumping signs.
Motion to utilize $300.00 from the Conservation Fund to purchase signs: David Harris
Second: John Murray
Vote: 4-0-0
Old Business/New Business
ClipperPress/bill – signed
John W. Delano/Consultant fee/bill – signed
Bay Circuit Alliance/annual membership dues/ bill – signed
Executive Session Minutes of 1/22/08, 6/10/08, 7/8/08, 7/22/08, 11/18/08, 2/24/09, 3/10/09, 4/14/09, 6/30/09, 11/10/09, 12/15/09 and 3/9/10.
Motion to release approved Executive Session Minutes as the reason for the Executive Session no longer exists: David Harris
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance for 265 Indian Head Street (DEP #SE175-0483)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Murray
Vote: 4-0-0
Enforcement Action: Franklin Street, Map 67, Lot 6A-2
Ms. Guiney reported that Beth Sloan, Town Clerk asked if the outstanding ticket issued to Mr. Kerrissey is still active and since unpaid, be sent to the District Court for prosecution.
Motion to not take any further action: David Harris
Second: Frank Schellenger
Vote: 4-0-0
8:00 PM Notice of Intent for the construction of a stone jetty at the southern end of Maquan Pond to deflect wave action and carry-over of sand into the culvert at Camp Kiwanee, 460 Indian Head Street, Map 54, Lot 9 for the Town of Hanson Recreation Commission represented by Beta Group, Inc., 315 Norwood Park South, Norwood, MA 02062 (DEP #SE175-0626) (New Hearing)
John Murray read the Public Hearing Notice and the abutters were verified. Mr. Dave Blauss, Chairman of the Recreation Committee attended the hearing. Mr. Al Hanscom, P.E., LSP of BETA Group, Inc. made the presentation for a proposal to construct a stone jetty at the location of the outlet structure to prevent it from clogging with beach sand. He added that wave action and high water in the spring combined with runoff from the beach constricts the flow of water. Consequently, the outflow doesn’t keep up and causes problems with flooding in lower lying areas, especially for Mr. Alan Osgood.
Mr. Hanscom reiterated that the culvert under the road has been repaired. The acquisition of Edgewood Bogs downstream and the removal of the control structures will also alleviate the situation and all that’s left is the control structure which can be addressed at low cost to the Town. Because Maquan Pond is a Great Pond, the installation of a jetty requires a State Chapter 91 License which must be signed by the Governor. He said that Dave Hill from MassDEP is assisting with that process and trying to influence a quick review which includes a 30-day comment period.
Ms. Guiney asked if an alternative to the proposed rip rap had been considered such as a vegetated buffer or the removal of the pipe altogether. Mr. Hanscom answered that the rip rap was the most cost effective solution. He added that the relocation of the pipe was considered but was estimated to be a $50,000 project and therefore thought to be cost prohibitive. Ms. Guiney also asked if the outfall pipe was undersized because there is evidence of scouring and moreover why weren’t safety grates installed. Mr. Hanscom replied that it’s probably from the Fire Department digging the sand out and vertical bars for the inlet and outlet structures could be fabricated.
Mr. Hanscom reported that the erosion control project for the parking lot consisting of grading and the creation of berms will begin tomorrow. Mr. Osgood, who is an abutter and interested party, was of the opinion that it would be more cost effective to install the jetty before removing the sand from the stream and asked that the Commission approve the proposal tonight. Mr. Schellenger suggested that the jetty would only be effective if the sand is not washed into the pond. Mr. Schellenger asked Mr. Hanscom how sure he was of ownership of the property in question, adding that if it’s encroaching on someone else’s property, it needs to be under town ownership. Mr. Hanscom answered that for the public good, and in the interest of public safety, he will suggest
to the Town Administrator that the town pursue a drainage easement through non-payment of back taxes.
Motion to approve and issue an Order of Conditions subject to approval of a Chapter 91 License: David Harris
Second: John Murray
Vote: 3-1-0 (Frank Schellenger against)
8:15 PM Request for Determination of Applicability for the installation of a 1500 gallon septic tank, distribution box and leaching bed at 22 Lee Terrace, Map 115, Lot 122 within 100 feet of a Bordering Vegetated Wetland for Chris Coute represented by Collins Civil Engineering Group, Inc., 225 S. Main St.,, W. Bridgewater, MA (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. George Collins, P.E. made the presentation for a septic repair on behalf of the applicant. The wetland was delineated by Dr.
Hewitson on 9/5/12 and the 50’ and 100’ bz’s were depicted on the Plan (dated 9/27/12). The system has been Board of Health approved.
Originally, a Blanket Permit was issued because the location of the perc tests were proposed outside of the 50’ bz. Ms. Guiney commented that because the old cesspool has to be pumped and filled using heavy equipment, the applicant had to file for an RDA. As a condition of the Blanket Permit, yard waste in the wetland was to be removed. This has not been done. Mr. Collins asked the Commission if the issue of the yard waste be handled separately so that the septic can be approved. A request for variance was submitted for work within the 50’ bz.
Motion to approve variance to work within the 50’ buffer zone: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Motion to issue a Neg. 3 Determination of Applicability with a condition to remove the debris out of the buffer zone altogether: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Adjournment
Motion to adjourn at 8:45 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
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