HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 23, 2014
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 6:45 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
Brad Kirlin, Member
Phil Clemons, Associate Member
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Terrence MacSweeney, Member, Board of Health
Gilbert Amado, Chairman, Board of Health
Minutes
Motion to approve minutes of September 9, 2014: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Public Hearings
6:45 PM Continued Notice of Intent for the upgrade of a septic system, the installation of a private drinking well and an after-the-fact request for an addition to a single family home at 48 Leon Ct., Map 2, Lot 54 for Daniel Barbone represented by Collins Civil Engineering Group, 225 S. Main St., W. Bridgewater, MA (DEP #SE175-0652)
This was a scheduled joint hearing between the Conservation Commission and the Board of Health. Mr. George Collins, P.E. and Mr. David Klenert presented their findings per request of the Commission. Mr. Collins referenced an Alternatives Analysis outlining why the construction of a water main down Leon Court would be cost-prohibitive. Having consulted with the Water Superintendent, Mr. Collins explained that because Leon Court is a private way and it would involve crossing a perennial stream, the projected cost would be about $50,000 per household. As to the proposed Septic System, Mr. Collins said that the DEP regulations clearly state that a tight tank has to be a last ditch effort. The system is a newer technology infiltration system
that maintains a 4’ water table separation. The project as a whole, he commented, is a substantial improvement and meets Title 5 regulations from a drinking water perspective.
Mr. MacSweeney asked why the Board of Health had been invited to the meeting as, in his opinion; the system complied with Title 5 and was approvable under their purview. Mr. Schellenger answered that the BOH and Conservation have differing views as to whether the system protects the environment. Mr. Schellenger maintained that because it was a remove and replace situation, the separation to groundwater is not as good as could be designed. The project is within a Zone A, and the ground water will eventually get into the stream and into the lake (Monponsett Pond) which is a public surface water supply. Because of this, all people in Hanson and Halifax have a stake in the project, not just the homeowners. Mr. Schellenger added that he
understands that a failed septic system is an emergency situation, but doesn’t understand why the Water Department won’t alleviate that emergency.
Mr. MacSweeney remarked that the Board of Health has to reach compliance to State Title 5 regulations and the system would have to meet fill specification requirements. Also, because of the proximity to other homes, there are multiple competing interests in terms of wells. Mr. Amado commented that the project meets maximum feasible compliance and there’s no reason to change anything. Mr. Klenert distributed the Alternatives Analysis which indicated that the “property owners on private way would have to carry the financial burden for such a project and all homeowners would have to agree to the tie-in costs.”
Mr. Kemmett maintained that the system as designed will cause problems and requested a redesign. Mr. Collins requested guidance: As a professional engineer, he’s designed thousands of systems. An active treatment system will add seven to nine thousand dollars in construction costs. He added that using these other technologies, although resulting in extra cost, don’t necessarily result in a benefit. Mr. Collins said that the proposed 2-compartment septic tanks, as designed, does a lot for the effluent quality and the environment will be well served. He suggested that the Commission close the hearing and as a condition of approval, he would redesign the plan with a Presby Enviro-system which is approved as a secondary treatment by
the DEP. Other than that, he said, nothing else is valid or reasonable.
Mr. Kirlin commented that the alternative systems that Mr. Collins was talking about were not mentioned in the Alternatives Analysis. He suggested that the Commission had asked for that at the last meeting and that they had not done due diligence by putting their reasoning into the record. Mr. Schellenger agreed and said that it could be conditioned, but it needs to be put into the record. He has empathy for the applicant, but “the rest of us have rights too.” Mr. Schellenger made the suggestion to put in a better system. No abutters were present.
Motion to continue to 10/14/14 at 7:30 PM pending supporting documentation:
Frank Schellenger
Second: John Murray
Vote: 4-0-0
7:00 PM Notice of Intent for a proposal to raze an existing foundation and construct a new single family dwelling with associated septic system, site grading and utilities within 100 ‘ of a Bordering Vegetated Wetland at Ferris Street, Map 7, Lot 17 for Alan Dias, J & G Trust represented by Webby Engineering Co. (DEP #SE175-0653) (New Hearing)
Mr. Kirlin read the Public Hearing Notice and the abutters were verified. Mr. Alan Dias, Trustee of J & G Trust was settling his parent’s estate. The property is a former contractor’s yard that belonged to his father. His intent is to remove the foundation and the existing debris and build a single family house. The entire proposal is located outside of the 50’ NBZ. Mr. Kemmett asked why the erosion control was inside the 50’ closer to the wetland. Mr. Dias answered that there are piles of dirt and rocks and the silt sock was put in a number of years ago. Once it is cleaned up, the intent is to let the area revegetate. Mr. Schellenger asked for conservation posts to demarcate the 50’ NDZ. Mr. Dias
said he had no problem with that.
Motion to approve an Order of Conditions with the installation of conservation posts at the 50’ NDZ and require that Ms. Muncy’s comments be addressed: Brad Kirlin
Second: John Murray
Vote: 4-0-0
Ms. Arlene Dias, an abutter, spoke up after the hearing was closed and commented that she would like to see the Plan. Permission was granted. Ms. Muncy offered to take her to the site and show her what was being proposed on the ground.
7:15 PM Notice of Intent for a proposal to construct an outdoor community recreation area with two beach volleyball courts, a fitness trail and two basketball courts at 600 Franklin Street, Map 86, Lot 2 for the Whitman Hanson Regional School District, 610 Franklin Street, Whitman, MA 02382. (Local By-Law#14-01) (New Hearing)
Mr. Kirlin read the Public Hearing Notice. Mr. Kemmett recused himself from the hearing. Ms. Nehiley commented that because the site is over 50 acres in size, only abutters within 100’ of the actual project area need be notified. The hearing was advertised in the Whitman-Hanson Express. Mr. Bob Rogers, Athletic Director for the High School submitted the most recent plan, dated 8/6/2014. The wetland line for an isolated wetland had been re-flagged and depicted on the Plan. A small corner of one of the volleyball courts were within the 50’ NDZ. Mr. Schellenger asked if any erosion control was being proposed. Mr. Ernie Sandland, Facilities Director, answered that haybales and a silt fence would be installed around
the perimeter.
Motion to approve an Order of Conditions: John Murray
Second: Brad Kirlin
Vote: 3-0-0
7:30 PM Continued Notice of Intent for the construction of new single family dwellings with driveways, title 5 septic systems, utilities and site grading within 100 feet of a Bordering Vegetated Wetland at Lot 4 Brookside Drive, Map 44, Parcels 1-4A for Brookside Realty Trust represented by McKenzie Engineering Group, Inc. (DEP #SE175-0650)
Mr. Al Loomis of McKenzie Engineering began by referencing Mr. Delano’s final Review Letter dated 9/22/14. After examination of several requested revisions, Mr. Delano stated that he had no remaining issues. Mr. Loomis commented that additional fees had been paid to the Town and to the State. Mr. Kemmett asked if they were going to provide documentation of the Conservation Restriction brought up at the last meeting. Mr. Shute explained that it’s not a CR, but a recorded version of a nitrogen sensitive zone which limits the amount of building that can take place. This had been required by the Board of Health with approval by the State. However, he holds a draft copy of the title easement that has not yet been recorded in Land Court. Mr. Kemmett asked if it was a permanent restriction. Mr. Shute answered yes; 18.3 acres are protected in perpetuity. No abutters were present.
Motion to approve an Order of Conditions with special conditions and a requirement that Mr. Shute submittal of a recorded land court document: Frank Schellenger
Second: John Murray
Vote: 4-0-0
7:45 PM Continued Notice of Intent for the construction of new single family dwellings with driveways, title 5 septic systems, utilities and site grading within 100 feet of a Bordering Vegetated Wetland at Lot 5 Brookside Drive, Map 36, Parcels 1-5 for Brookside Realty Trust represented by McKenzie Engineering Group, Inc. (DEP #SE175-0651)
Mr. Loomis, again representing the applicant, had the same comments for Lot 5 as for Lot 4. All of Mr. Delano’s comments had been addressed including the drainage calc’s for the roof runoff, the letter from Natural Heritage and revised plans to reflect the addition of conservation posts and a post and rail fence. The house on Lot 5A had been reconfigured to have a side entrance to the basement instead of a walk-out because of the proximity to the 50’ NDZ. No abutters were present.
Motion to approve an Order of Conditions with special conditions: Frank Schellenger
Second: John Murray
Vote: 4-0-0
8:00 PM Continued Notice of Intent for the installation of a pre packaged 30,000-gallon capacity propane gas above ground storage tank within 100 feet of a Bordering Vegetated Wetland at 1158 Main Street, Map 43, Lot 50 for James Lamparelli of Supreme Energy represented by Environmental & Energy Solutions, Inc. (DEP #SE175-0654)
Motion to continue until 10/14/14 at 7:15 per request of applicant: Frank Schellenger
Second: John Murray
Vote: 4-0-0
8:15 PM Continued Notice of Intent for razing an existing dwelling, construction of a new dwelling and the upgrade of a residential septic system at 273 Lakeside Road, Map 79, Lot 7 for Thomas F. James, Trustee represented by Collins Civil Engineering Group, 225 S. Main St., W. Bridgewater, MA (DEP #SE175-0649)
Mr. David Klenert of Collins Engineering Group submitted a new Mitigation Plan to Accompany the Notice of Intent dated 9/23/14. The plan depicted the existing conditions and the proposal for a new single family house. The proposed house will result in less of an impact to the resource area because they are reducing the size of the footprint thereby the impervious surface by 300’. The sideline setbacks were increased making the lot less non-conforming. The Zoning Board of Appeals had approved the project last week. Mitigation included spice bushes, a bluebird house and conservation posts with signage. A silt fence is proposed around the entire site during construction. The septic system is outside of the 100’ NDZ with the
exception of the tank which is outside the 50’ NDZ. Town water is being brought in.
Motion to approve variance to work within the 50’ NDZ: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Motion to approve an Order of Conditions with Special Conditions: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Discussions
Request for a Certificate of Compliances for 25A (80) Glenwood Place, Map , Lot 25A for Commons Housing Trust for (DEP #SE175-0240 & DEP #SE175-275)
Ms. Muncy explained that this site was constructed in the 1990’s. One filing was for the roadway and the other for the units and the driveways. All the units had been released except for one lot. The applicant had originally proposed Cape Cod berms. About 15 years ago, that condition was eliminated and changed to gravel only, which Ms. Muncy said worked fine. The bond was posted as cash surety. The heirs have submitted Power-of-Attorney for clearing the title.
Motion to approve and issue a Certificate of Compliance for SE175-240: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Motion to approve and issue a Certificate of Compliance for SE175-275: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Release of Bond to Commons Housing Trust for Glenwood Place (DEP #SE175-240)
Motion to approve the release of remainder of cash surety: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Agent Update
Ms. Muncy informed the Commission of a site inspection tomorrow morning at Haseotes Bog off of Main Street with herself, the owner and Mr. Bill Scott of the Board of Selectmen. She said that if any members of the Commission would care to join them, they’re meeting at 11AM. She mentioned that Mr. Haseotes does not have an updated Farm Plan. Mr. Clemons said that it would be a good opportunity to ask for a meaningful document. Mr. Schellenger was of the opinion that unless it involves growing cranberries, there isn’t an exemption to remove gravel. Mr. Kemmett agreed and said that this would be a good opportunity to get onsite to observe the activity. He is not against cranberry growing, but doesn’t want to see an abuse of
agricultural exemptions.
Old Business/New Business
Express Newspapers/Invoice – signed
Consultant Review/Invoice – signed
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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