HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 27, 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
Phil Clemons, Associate Member*
Also Present: Laurie Muncy, Agent*
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of August 13, 2013: David Harris
Second: John Murray
Vote: 4-0-0
Brief Discussion Items
Open Space Update
Smitty’s Bog
Mr. Clemons informed the Commission that there was an onsite pre-bid conference for the phragmite removal Request for Proposal (RFP) today with Lycott Environmental. The Water Control Structure pre-bid site visit is set for tomorrow and the Camp Kiwanee Phragmites visit is scheduled for Thursday. He recommended that the RFP for the parking area is drafted as soon as possible.
Stone Property
Mr. Clemons reiterated that we should continue to follow up with the Selectmen’s office as to Town Counsel’s review of the P & S for the Stone property as its submittal to the State is vital to the approval of the LAND grant application.
Plymouth County Hospital/”Bonney Hill Meadows”
Mr. Clemons suggested that the Commission consider withdrawing the Article as it might not be worth it to debate on Town Meeting floor. He explained that if there is a possibility that the southern section of PCH is developed and needs a bigger footprint than what is laid out now, “that would be fine provided that the northern part is designated as conservation land with a conservation restriction.” Mr. Clemons was of the opinion that some constructive discussion could be allowed.
Motion to withdraw the Article concerning the transfer of the PCH to the Conservation Commission: David Harris
Second: John Murray
Mr. Clemons explained that the Town Administrator had said that he didn’t wish the Article to go forward as proposed as it might conflict with development of the site. Mr. San Angelo is interested in working with all parties, including Assisted Living that may need different plans. Mr. Clemons added “In order to be a partner to those discussions, this is an approach we could use right now and save our energy for those articles we wish to keep.” Mr. Kemmett did not agree and said that “now more than ever, it’s critical that we don’t allow this land to become part of some development.”
Vote: 3-1-0 (John Kemmett against)
Crooker Place parcel
Mr. Clemons recommended keeping this article on the warrant. It was something that was looked at and endorsed by the previous Town Planner and no other use is appropriate.
*Ms. Muncy and Mr. Clemons recused themselves from the meeting at 7:10 PM to go to the Selectmen’s meeting to discuss the articles.
Public Hearings
7:10 PM Continued Notice of Intent for driveway construction and a buffer zone restoration within 100 feet of a Bordering Vegetated Wetland at 284 Monponsett Street, Map 31, Lot 13-1 for Mohammad Abusihad and Samia El Andaloussi represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0633)
Mr. Wry of Land Planning submitted a new plan dated 8/19/13. Because of the Commission’s concerns with water flow, he proposed a cape cod berm along the driveway, a settling basin with rip rap and a stone construction entrance to prevent erosion into the roadway during construction. Conservation posts were proposed at 50’ foot intervals as well as loam and seeding of disturbed areas behind the house. A replication area was proposed which was 830 sq.ft. more than what was disturbed. Mr. Kemmett asked why the original disturbed area wasn’t being mitigated.
Mr. Abusabiha explained that he had cut the trees to let the sun get into his basement, not to create more lawn. Mr. Schellenger commented that a vegetated buffer was needed in that area; i.e. field grass or more shrubs. Ms. Nehiley suggested that the original Buffer Zone Restoration Plan prepared by Pinebrook Consulting (dated 5/25/13) be used as a guide to restore the area behind the house. Mr. Harris recommended that Mr. Abusabiha be allowed to maintain a grass strip 10’ off of the back of the house and be required to submit yearly inspection reports of the restoration area. No abutters were present.
Motion to approve an Order of Conditions with special conditions: Frank Schellenger
Second: John Murray
Mr. Harris asked that an Escrow Account be established. Mr. Kemmett commented that it’s a guarantee that the work is done and it’s successful. Mr. Wry suggested $500.00 which was agreed upon.
Vote: 4-0-0
Discussions
782 Main Street
Mr. Harris presented pictures and a GIS map of adjacent wetlands and catch basins to the Hanson Grange Building. Mr. Harris questioned why SITEC didn’t pick up on it as the 100’ buffer zone goes through the middle of the parcel. Mr. Schellenger said that they need to be contacted to submit an After-the-Fact Notice of Intent.
Hawks Avenue, LiteControl property – Emergency Certification
Ms. Nehiley reported that during a site assessment conducted at the Lite Control, hazardous materials were discovered underground and require immediate remediation. Because it is in an area subject to protection under the Wetlands Protection Act and the Hanson Wetlands Protection By-Law, a Notice of Intent is required. Therefore, a Emergency Certification was prepared for signature for the remedial work to be done with two special conditions: that erosion control be installed and a Notice of Intent be submitted within 21 days.
Enforcement
658 Main Street
Mr. Harris mentioned that there were two piles of loam now instead of one. Mr. Schellenger recommended a certified letter with a deadline to respond.
196 Main Street
Mr. Schellenger suggested that another letter be sent strongly urging the owners to comply with the Erosion Control order, otherwise more fines are possible and Town Counsel will be notified. He also recommended that an appeal be made to DEP’s enforcement division.
Motion to send letter: David Harris
Second: John Kemmett
Vote: 4-0-0
1101 Main Street
Mr. Kemmett reported that there was a backhoe and more activity onsite. Mr. Harris said that the erosion control needs to be inspected. Mr. Schellenger recommended a letter be sent to the owner, Mr. Marangiello.
Adjournment
Motion to adjourn at 8:10 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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