HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 23, 2013
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
Laurie Muncy, Agent
Also Present: Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of April 9th, 2013: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings
7:00 PM Request for Determination of Applicability for a proposal to install an in-ground swimming pool within 100 feet of a Bordering Vegetated Wetland (BVW) at 63 Independence Ave., Map 73, Lot 4A-3-R for Michael & Denise Bonavita (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Mr. Brad Holmes of Environmental Consulting and Restoration, LLC made the presentation for a proposal to install an in-ground pool within an existing lawn area. Mr. Holmes had delineated the wetland on 3/27/13 which was depicted on a Plan of Land dated March 2013. The BVW and a certified vernal pool (VP) were identified south of the property. The swimming pool as proposed is 25’ from the edge of the BVW and approximately 60’ from the edge of the VP. Mr. Holmes said that the entire yard is surrounded by a stockade fence. He added that the site was originally developed with an approved 25’ buffer zone.
Mr. Schellenger commented that anything within the 50’ buffer zone requires a Notice of Intent filing. He also asked where the water from the BVW drained to. Mrs. Bonavita said that it flows down and across Valley Forge Road into a detention basin across the street. Mr. Kemmett asked if the existing shed would be used for storing chemicals. Mr. Bonavita answered no and additionally, they would be using a non-backwashing filtration system. Mr. Schellenger asked if there was “any opportunity for mitigation?” Mr. Holmes suggested a row of native shrubs behind the fence to enhance the buffer strip. Mr. Schellenger inquired about the dimensions of the pool and apron. Mr. Bonavita said that they were planning to have natural landscaping
around the pool and they were willing to tweak the location of the pool if necessary. Mr. Harris read the abutters list. Those present were:
Mr. Thomas Robitaille, 53 Independence Ave. – He was mostly concerned with getting water in his basement. He said it had been an issue but was alleviated when they put the detention pond in across the street.
Mr. Schellenger asked that the erosion control be moved as close to the limit of work as possible and to reinforce it with a silt fence. Mr. Kemmett reiterated that in order to receive a variance, the Bonavita’s would have to file for a Notice of Intent.
Motion to require a Notice of Intent with mitigation, erosion control and a comprehensive list of all that is required: Frank Schellenger
Second: David Harris
Vote: 4-0-0
7:15 PM Continued Notice of Intent for the construction of a parking lot, Stormwater drainage and a commercial building with associated septic system, driveway, utilities and grading within 100 feet of a Bordering Vegetated Wetland at Franklin Street, Map 67, Lot 6A-18 for Steven Alexander represented by Webby Engineering Assoc., Inc. (DEP #SE175-0630)
Mr. Webby submitted a review letter (dated 4/19/13) from Steve Wry, P.E. of Land Planning, Inc. signifying approval of the revised plan (dated 4/11/13) and a revised Drainage Report (dated 4/16/13). According to Mr. Wry, all of the issues that he’d had previously with the storm water management had been adequately addressed.
Motion to approve and issue an Order of Conditions: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Discussions
4-H Club/Nathaniel Thomas Mill
Ms. Nehiley reported that the 4-H Club, through Ms. Sylvia Salas, had requested that the Commission waive the rental fees so that they could hold their meetings at the Mill during the summer. The Commission had only one stipulation: that they have assurance that the group leaves the Mill in good condition after their meetings so that no one has to clean up after them.
Motion to waive rental fees for the 4-H Club: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Notice of Intent for “Smitty’s Bog’s”
Motion to approve and to proceed with the Notice of Intent for the Restoration Plan: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Mr. Harris commented that he reviewed the bounds that Mr. John Delano set at the Fisherman’s Landing and surmised that “we don’t have the area for parking as we thought we did.” However, he looked at the proposed area located in the Town’s easement and that looks like a very do-able situation. Mr. Harris added that the road needs improvement and we have to look for ways for keeping the public from driving on the USDA’s easement.
Motion to approve Phil Clemons explanation for Article 6 for Town Meeting regarding phragmite removal: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Enforcement
658 Main Street/land clearing
196 Main Street/land clearing
Ms. Nehiley reported that Ms. Muncy had sent out letters to the homeowners regarding un-authorized clearing within conservation jurisdiction and to request that they have their resource area(s) delineated. Mr. Kemmett asked if fines were applicable. Ms. Nehiley said that we were going for the soft approach initially before taking enforcement action. The deadline for a reply was requested by May 21, 2013.
Old Business/New Business
Request for a Certificate of Compliance for 255 Holmes Street, Map 57, Lot 7A for Mark Comeau (DEP #SE175-0424)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger Vote: 4-0-0
Request for a Certificate of Compliance for 116 Woodman Terrace, Map 70, Lot 59, for Ronald Beaulieu (DEP #SE175-0416)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger Vote: 4-0-0
Request for Partial Certificate of Compliance for 1460 Main Street, Map 44, Lots 5-1, 5-2, 5-3, & 5-4 (Great Cedar condominiums) for Roger Morton (DEP #SE175-0602)
Motion to approve and issue a Partial Certificate: David Harris
Second: Frank Schellenger Vote: 4-0-0
Adjournment
Motion to adjourn at 8:00 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
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