HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 10th, 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
John Murray, Clerk
David Harris, Member
Phil Clemons, Associate Member
Absent: Frank Schellenger, Vice Chairman
Laurie Muncy, Agent
Also Present: Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of August 27, 2013 with amendments: John Murray
Second: David Harris
Vote: 3-0-0
Public Hearings
7:00 PM Abbreviated Notice of Resource Area Delineation for the review of 940 linear feet of a Bordering Vegetated Wetland between 452-554 West Washington Street for Arthur and Richard Borgeson represented by Land Planning, Inc. 1115 Main St., Hanson, MA (DEP #SE175-0635) (New Hearing)
Mr. Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry of Land Planning attended the hearing to speak on behalf of the applicants. Mr. Richard Borgeson was also present. Mr. Wry commented that Marta Nover, PWS of Nover-Armstrong had established the delineation of the Bordering Vegetated Wetlands on 9/19/12. The wetlands had been previously delineated for an old project. Mr. Wry explained that they are looking for confirmation of this new wetland line.
Ms. Nehiley said that Mr. Delano of John W. Delano & Associates, Inc. was hired to review the filing. Mr. Delano inspected the site on 9/4/13 and submitted a report dated 9/9/13. He agreed with the soils and vegetation analysis prepared by Ms. Nover but found that the location of Flag #8 was not depicted on the Plan. He recommended that a revised plan be submitted with this change as it results in a revised buffer zone.
Mr. Wry had already been copied on Mr. Delano’s report and submitted a new plan dated 9/10/13 showing the location of Flag #8 and revised 50’ and 100’ buffer zones. No abutters were present.
Motion to approve and issue an Order of Resource Area Delineation: David Harris
Second: John Murray
Vote: 3-0-0
Discussions
Mill Rental request for exercise class 1 night a week/cost?
Ms. Nehiley reported that Ms. Sylvia Silas had called the office requesting guidance. Someone had inquired about renting the Mill to hold an exercise class for one night a week. Ms. Silas wanted to know if the Commission would charge a reduced rate. The Commission suggested $15 and asked for more details such as what day of the week, how long of a period of time, the number of people, the hours, etc..
October meeting schedule
Because of a tentative conflict with Town Meeting, the first Conservation meeting in October will not be held until the 15th and the second meeting will be two weeks later on the 29th.
Public Hearings (continued)
7:15 PM Notice of Intent to raze an existing dwelling and construct a new single family dwelling with associated septic, driveway, utilities and grading within 100’ of a Bordering Vegetated Wetland and 200’ of White Oak Brook at 314 Woodbine Ave., Map 3, Lot 7 for Jeff Gosselin, Coastlines, LLP and owners Joseph and Irena Bertha Murphy represented by Webby Engineering Assoc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0634) (New Hearing)
Mr. Murray read the Public Hearing Notice and the abutters were verified. Mr. Webby attended the hearing to represent Mr. Gosselin who was also present. Mr. Webby explained that Mr. Gosselin wants to purchase the property and raze the old house and build a new one that conforms with Hanson’s Zoning Regulations. The White Oak Brook and the Bordering Vegetated Wetland (BVW) were delineated by Dr. Walter Hewitson on 7/5/13 accompanied by his report dated 7/15/13. Mr. Webby went on to say that all the work is outside the 50’ buffer zone of the BVW and the 100’ riparian (riverfront) zone. He added that the project had been approved by the Zoning Board of Appeals and issued a Special Permit to demolish and reconstruct.
Mr. Kemmett asked why the house couldn’t be constructed closer to the road. Mr. Webby answered that the Appeals Board wanted the setbacks met for new construction and Mr. Gosselin didn’t want to stay on the same footprint. Mr. Clemons asked if the location of the septic, driveway and utilities would be similar to what’s there. Mr. Webby answered yes. Mr. Webby reiterated that under the regulations of the Rivers Protection Act §10.585, as long as it’s a previously developed lot created before 1996, construction is allowed outside of the 100’ buffer zone to the Mean Annual Highwater.
Mr. Kemmett suggested that the hearing be continued as per Ms. Muncy’s comments. Mr. Clemons recommended approval contingent upon the receipt of several items. Mr. Kemmett said he would like to see conservation posts along the 50’ no disturb zone and underground roof drains at the back corners of the house on a revised plan. No abutters were present.
Motion to approve and issue an Order of Conditions contingent upon receipt of an Alternatives Analysis, a Functions and Characteristics Statement and a revised plan with a Construction Sequence, Conservation posts and roof drains: David Harris
Second: John Murray
Vote: 3-0-0
Discussions
Motion for an After-the-Fact approval of a Variance from the 50’ No Build setback for 284 Monponsett Street, Map 31, Lot 13-1 for Mohammad Abusabiha to plant a restoration area: David Harris
Second: John Murray
Vote: 3-0-0
Open Space update
Mr. Clemons informed the Commission that he conducted a pre-bid site walk with contractor Tom Irving this morning. Mr. Irving is bidding on the Request for Proposal for the water control structures.
In other news the attorney for the Stone Property is working closely with Town Counsel to iron a few details. The purchase and sales should be ready for signature at next Tuesday’s (9/17/13) Selectmen’s meeting. Mr. Murray asked about the time constraints that were involved. Mr. Clemons answered that the document must be right and not to make any presumptions. If possible, he will send the finished document to the grant reviewers when signed. He added that “They may be flexible. That’s all we can do. ”
Enforcement issues
Ms. Nehiley gave a quick synopsis of what has transpired since the last meeting. A letter was sent to the owner of 196 Main Street requesting that, although the ticket was appealed to the Clerk Magistrate, the installation of erosion control was still required. Also, a court date was set per notification from Plymouth District Court. Mr. Kemmett said he would accompany Ms. Muncy to the hearing.
Ms. Muncy had sent a letter to the owner of 658 Main Street which facilitated a phone conversation and a date to meet onsite and discuss options. A letter was also sent to SITEC regarding the remediation that was done at 782 Main Street recently and the requirement to file an After-the-Fact Notice of Intent.
Public Hearings (continued)
7:45 PM Notice of Intent for the herbaceous weed control (mechanical/chemical control of phragmites) of one acre or less to complement the Wetland Restoration Plan of Operations for the Alton J. Smith Reserve (Smitty’s Bog) at Camp Kiwanee, Map 54, Lot 9 for the Hanson Recreation Commission represented by the Hanson Conservation Commission, 542 Liberty St., Hanson, MA (DEP#SE175-0636) (New Hearing)
Also Present: David Blauss, Chairman of the Recreation Commission, Maria MacClellan, Vice Chair of the Recreation Commission, Alan Osgood, Maquan Street, abutter, Steven Soule, Katydid Lane, abutter and Stephen Johnson of Woodman Terrace, abutter
Mr. Murray read the Public Hearing Notice and the abutters were verified. Mr. Clemons presented the proposal. He explained that filing a Notice of Intent with Conservation acting as agent is the first legal step necessary to remove the phragmites from Camp Kiwanee, the town-
owned parcel managed by the Recreation Commission. Authorization was already granted to remove them from the adjacent Smitty’s Bog under the auspices of their Restoration Plan prepared by the USDA Natural Resources Conservation Services. However, he said, “it makes no ecological sense to remove them from one side and not the other” adding that “phragmites are a non-native, invasive species” and the ”weeds are vigorous and hard to control.” He added that mechanical and chemical treatment will be required.
Funding for this part of the project was already approved at Town Meeting. Mr. Clemons said that potential contractors have already looked at the area of concern, but no bids have been received yet. One of the contractors described a possible scenario to him: The phragmites will be removed and disposed offsite. The news sprouts are then treated with an herbicide which attacks the tissues of the plants and in the spring, there should be signs of significant improvement. Mr. Clemons said that “there have been no projects like this in Hanson before, but there is a lot of information online.” Mr. Clemons then took questions those present.
Mr. Osgood wanted clarification of the location of the phragmites on the Camp Kiwanee side. Mr. Blauss asked about the long term plan. Mr. Clemons answered “to be alert of non-native, invasive plants. Small infestations are much more easily treated.”
Mr. Soule asked when they are least active and how are they spread. Mr. Clemons said that they’re least active in the winter and seeds can be spread by birds. Also, the plants “send out rhizomes vigorously.”
Mr. Kemmett asked how the timing of the treatment would coincide with the activity at the Camp. Mr. Clemons answered that precautions would be taken. They won’t spray on a windy day. Guidelines would have to be carefully adhered to.
Motion to close the hearing and issue an Order of Conditions: David Harris
Second: John Murray
Vote: 3-0-0
Mr. Osgood asked if there would be updates. Mr. Clemons answered that the goal of the Commission is to have all work done this calendar year and they will communicate in various ways. He suggested that it might be nice to have something in the paper periodically.
Old Business/New Business
ClipperPress/Invoice – signed
Rebecca Nehiley/reimbursement for postage/recording fees- signed
John W. Delano & Associates/invoice – signed
Adjournment
Motion to adjourn at 8:20 PM: David Harris
Second: John Murray
Vote: 3-0-0
| 
