HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 27, 2014
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 May 13, 2014: John Murray
Second: Frank Schellenger
Vote: 3-1-0 (Dave Harris abstaining)
Public Hearings
7:00 PM Notice of Intent for the repair of an existing septic system within 100 feet of a Bordering Vegetated Wetland at 505 Liberty Street (Fire Station), Map 81, Lot 15 for Ronald San Angelo, Town of Hanson represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0646) (New Hearing)
John Murray read the Public Hearing Notice and the abutters were verified. Mr. Al Hanscom, P.E., made the presentation for a septic upgrade. He submitted revised plans dated 5/27/14 due to a minor adjustment in the notations for calculations. The Plan calls for a new septic tank, a pump chamber and a raised system located behind the Fire Station. Mr. Hanscom said that the changes were reviewed by the Board of Health. They are meeting on 6/10/14 to approve the Plan as their concerns had been addressed. He explained that that there will be some encroachment into the 50’ and 100’ buffer zones and for that reason silt socks were proposed. Otherwise, it’s a “fairly straightforward project.” No abutters were present.
Motion to continue to 6/10/14 pending approval by the Board of Health: David Harris
Second: John Murray
Vote: 4-0-0
7:15 PM Request for Determination of Applicability for the excavation of test pits for a septic repair within 50 feet of a Bordering Vegetated Wetland at 48 Leon Court, Map 2, Lot 54 for Bruce Balbone represented by George Collins, P.E., Collins Civil Engineering Group, 225 South Main St., West Bridgewater, MA 02367
Mr. Murray read the Public Hearing Notice and the abutters were verified. Mr. Bruce Balbone and his son, Daniel were in attendance. Mr. Peter Lyons of Collins Engineering made the presentation for test pits 10’ from the edge of the resource area. He explained that there were wetlands located to the South, West and North of the area and a 100’ setback to two wells also has to be maintained. The proposed erosion control starts at the shed and goes up to the street to prevent any contaminants from getting into the wetlands. A Notice of Intent would be filed when the system has been designed.
Mr. Kemmett asked who delineated the wetlands. Mr. Lyons answered Dr. Walter Hewitson. Mr. Schellenger commented that the perennial stream had not been depicted on the plan. Also, Mr. Schellenger asked if the area was a Priority Habitat for Endangered Species and if so, the Natural Heritage of Endangered Species Program would have to be notified. Mr. Lyons answered that Mr. Collins checks that and typically that information is addressed in the Notice of Intent. He added that the stream would be surveyed and flagged. No abutters were present.
Motion to approve a Neg. 3 Determination with a variance to work within the 50’ buffer zone: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Mr. Schellenger revised the language for a Neg.3 Determination to address the Hanson’s Wetland Protection By-Law and to stipulate that the Determination “applies only to test pits and percolation tests.”
7:45 PM Continued Notice of Intent for the installation of an in-ground swimming pool, cabana, concrete decking, and retaining wall within 100 feet of a Bordering Vegetated Wetland at 97 Bonney Hill Lane, Map 56, Lot 108 for Dennis J. McDonald represented by Nover-Armstrong Assoc., Inc., 124 Main Street, Unit 2GG, Carver, MA 02330 (DEP #SE175-0644)
Ms. Nehiley said that she had written a letter to the MacDonald’s asking for confirmation of withdrawal of their application. There has been no response from them. In addition, the MacDonald’s hadn’t followed through with their hearing at the Zoning Board of Appeals.
Motion to issue a Denial of an Order of Conditions due to lack of information: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Appointments
7:30 PM Appointment with Mr. Dean Anderson to discuss a tree that was supposed to be planted at 71 Ocean Avenue.
Mr. Anderson had a question about the permitting process in regards to the Extension Permit Act and if it applied to violations. He elaborated that the owner of 71 Ocean Ave. had been in violation for cutting down a tree and not replacing it. Mr. Anderson was of the opinion that the Extension Permit Act was not enacted for violators to benefit from.
Mr. Schellenger explained that the timeline for Mr. Montgomery to plant the replacement trees was extended until 2017. He said that if it was an Enforcement Order, he would have had to plant the trees right away, but because the tree replacement was attached to his Order of Conditions, the consensus of the Commission was that it fell under the Extension Permit Act.
Discussions
Analysis of Dam Flow Rate for Maquan Pond/David Franklin
Mr. Franklin, a resident of Hanson who lives on Maquan Pond, came to the meeting to express his concern about the level of the pond which he is of the opinion is too low. He put forward to the Commission an analysis of the dam flow rate with information he had taken from online. His conclusion was to set the dam (located at Camp Kiwanee) at 75’ which he believed would keep the water level high enough to decrease the growth rate of lily pads and at the same time prevent flooding onto other’s properties. He proposed to put the boards in at the water control outlet structure and leave them there as a temporary relief measure. He has done it himself previously, but subsequently someone else takes them out.
Mr. Schellenger commented that the height of the pond is 74’ according to the USGS map. The stone jetty recently constructed at the beach area was based on that data and the weir at the outlet structure is set at 74’. Mr. Franklin disagreed and said it was at 73.6. His contention is that if the boards are left in after the spring rains, the water will stay higher well into the summer. Mr. Schellenger suggested that the Commission “doesn’t own the dam. Our concern is that the stream was getting clogged. The problem with that scenario is that if the aquifer goes down, the water won’t flow. In dry years, there will be no flow.”
Mr. Kemmett commented that the Recreation Commission was responsible for the care and maintenance of the water control outlet structure and the boards. He added that there was an Operation and Maintenance Plan that had information in it regarding the outlet structure in terms of inspections and reporting. He suggested writing a letter to the Dave Blauss, Chairman of the Recreation Commission at Camp Kiwanee with Mr. Franklin’s analysis attached and make a formal request that he compare it to the O & M Plan already in place.
Reorganization
Motion to reorganize with everyone in the same respective positions on the Commission: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Webster-Billings Property/Communication between Departments
Ms. Nehiley informed the Commission that Phil Lindquist, former Chairman of the Conservation Commission had recently stopped by the office to report that there had been a fire at the Webster-Billings Conservation Area off of Old Pine Drive that the Fire Department had been called to put out. Mr. Kemmett suggested that Ms. Muncy write a letter to both the Fire and Police Departments requesting that they let us know when something of import happens on any of our Conservation properties and keep us in the loop.
Old Business/New Business
Order of Conditions for the re-construction of a single family home with appurtenances at 683 Winter Street, Map 106, Lot 6A for David Tammaro (DEP #SE175-0645) – signed
1101 Main Street, Map 42, Lot 60A (DEP #SE175-0608)
Mr. Harris updated the Commission that he had recently noticed violations at the site (i.e.: lack of erosion control, an unpermitted shed) and had suggested to the Agent that she issue an Enforcement Order. He said that Ms. Muncy had indicated that there was a question of support from the Selectmen’s office in regards to legal counsel. Mr. Kemmett added that the scope of what was approved was expanding, there were vehicles parked there and activity in the metal shop.
Mr. Schellenger suggested that the Environmental Protection Agency be notified and enlisted to assist as they were the original permitting agency.
Motion to issue an Enforcement Order for violations to the Order of Conditions:
David Harris
Second: Frank Schellenger
Vote: 4-0-0
Adjournment
Motion to adjourn at 8:30 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
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