HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 4, 2015
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:15 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
Brad Kirlin, Member
Phil Clemons, Associate Member
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of February 10, 2015: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
Public Hearings
7:00 PM Notice of Intent the construction of a single family dwelling, the installation of a driveway, septic system, grading and utility work within 100 feet of a Bordering Vegetated Wetland at Lot 2, Maquan Street, Map 70, a portion of Lot 52 for Steven Paraino represented by ET Engineering, Inc., 481 Bedford Street, Bridgewater, MA (DEP #SE175-0659) (New Hearing)
Mr. Kirlin read the Public Hearing Notice and the abutters were verified. Mr. Azu Etoniru made the presentation for a proposal for a single family house depicted on a Plan dated 1/22/2015. Two Bordering Vegetated Wetlands were delineated by Ken Thompson, a Wetlands Biologist on 12/31/2013. A variance request was submitted to allow that a portion of the driveway be installed within the 50’ buffer zone. In response to staff comments, Mr. Etoniru submitted a supplemental Plan dated 2/25/2015 depicting a mitigation area/planting plan and details for erosion control and conservation posts. Mr. Etoniru remarked that the isolated wetland closest to Maquan Street is not pristine and is a result of runoff from street
drainage for which no catch basins exist. He added that the soils are non-hydric in that area.
Mr. Kemmett asked why the mitigation was proposed within the 50’ buffer zone. Mr. Etoniru answered that it was to replace trees that had to be removed for the construction of the driveway. Mr. Clemons questioned the distance from the proposed house to Woods Road and requested that it be corrected in the Functions and Characteristics Statement. Mr. Clemons also stated that it was important that Mr. Thompson’s credentials be provided. Mr. Kemmett asked about the driveway elevations in relation to a heavy rain event. Mr. Etoniru replied that he could incorporate a trench and roof drainage if the Commission so desired. Mr. Kemmett asked if any abutters were present. Those present were:
Mr. Gerald LeBlanc, 496 Maquan Street – Mr. LeBlanc was very concerned with the lack of drainage in that area and was of the opinion that the addition of an impervious driveway would compound the problem.
Motion to continue to 4/1/2015 at 7:15 PM: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
Mr. Schellenger requested comments and concerns regarding the drainage be brought to the Highway Department’s attention.
7:15 PM Continued Notice of Intent for repairs to the Factory Pond Dam at 0 Winter Street Rear (behind 901 Winter Street), Map 114 (Hanson), Lot 9A (Hanson) for the Hanover & Hanson Conservation Commissions represented by Amory Engineers, P.C., 25 Depot Street, PO Box 1768, Duxbury, MA (DEP #SE175-0655)
Mr. Patrick G. Brennan of Amory Engineers, P.C. updated the Commission that the Town of Hanover had closed their Public Hearing and issued an Order of Conditions in January. Mr. Brennan was still waiting for a formal letter from Dave Hill of the Wetlands & Waterways Program at the Department of Environmental Protection regarding the Chapter 91 Permit. However, Mr. Brennan had received an e-mail from Mr. Hill that indicated the project constituted a minor modification and will be approved as such. Mr. Brennan had nothing new to provide and requested that the hearing be closed.
Motion to close the hearing and issue an Order of Conditions: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
7:30 PM Continued Notice of Intent for the construction of a single-family dwelling and associated bituminous concrete driveway, utilities, grading and landscaping within the 100’ buffer zone to a Bordering Vegetated Wetland at Lot 2 off of West Washington Street, Map 75, Portion of Lots 14 & 15 for W. Washington Development, LLC represented by Morse Engineering, Co., PO Box 92, Scituate, MA (DEP #SE175-0658)
Mr. Jeffrey Hassett, P.E. of Morse Engineering, in response to comments from the previous hearing (2/10/15), submitted a revised Plan that depicted an erosion control detail with the addition of conservation posts and plantings that will create a visual barrier to the 50’ no disturb zone. In addition, Christine Odiaga, our Circuit Rider from DEP had confirmed by email that the project was not subject to Stormwater Management. Mr. Delano had reviewed the drainage calculations for the roof runoff and had provided a letter of approval.
Motion to approve and issue an Order of Conditions: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
7:45 PM Continued Notice of Intent for the demolition of existing buildings at 100 Hawks Ave., (former LiteControl), Map 24, Lot 70 and Map 16, Lot 10B for LiteControl Corporation c/o Hubbell Inc., 40 Water View Drive, Shelton, CT 06484 represented by GEI Consultants, Inc., 400 Unicorn Park Drive, Woburn, MA 01801 (DEP #SE175-0657)
Mr. Matt O’Neill, P.E. of GEI Consultants, Inc., Senior Engineer and Amanda Atwell, CPSS, of Epsilon Associates, Inc., Project Scientist, attended the hearing to address any further comments from the Commission. Revised Plans dated February, 2015 were submitted as per staff comments that addressed compliance with the Hanson Wetlands Protection By-Law. Mr. John Delano, the Commission’s Consultant provided a letter dated 3/3/2015 recommending approval of the demolition of the buildings after reviewing the revised Notice of Intent and accompanying plans. Mr. O’Neill submitted a Request for Variance from the 50’ No Disturb Zone dated 3/4/2015 as per Mr. Delano’s advice. Mr. Kemmett clarified that it’s the 95’
Commercial/Industrial Buffer Zone that requires a variance.
Ms. Atwell stated that the wetland line had been reestablished with minor adjustments based on current site conditions and direct field observations to create a more accurate BVW boundary. A very conservative wetland line had been used for the previous Notice of Intent (DEP #SE175-0638) for remediation and assessment, but for the restoration work, the line has to more consistent with the general elevation of the wetland. Ms. Atwell said that they will submit data forms at some point before a separate Notice of Intent for the wetland remediation is submitted.
Mr. O’Neill had spoken with Mr. Delano about the potential necessity of a dewatering plan to handle excess water during the In-Situ Solidification (ISS) of petroleum-impacted soil. Mr. O’Neill said that they will be digging a hole that is approximately 2 feet above the water table to mix cement with the soils to create in-place slurry that solidifies and binds the soil into a monolithic solid. At no point will water reach the surface as the mixing will be done while the contaminated materials are in the ground. Ms. Nehiley commented that the revised In-Situ approach would require a minor modification to the previous Order of Conditions (DEP #SE175-0638) and Mr. Delano had submitted additional conditions for this revised method.
Motion to approve a Minor Modification to the Order of Conditions for the Phase I Site Assessment/Remediation (DEP#SE175-0638) based on a revised In-Situ approach and Mr. Delano’s comments: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
Motion to approve a variance from the 95’ Commercial/Industrial Buffer Zone setback subject to future mitigation to be determined: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
Motion to approve and issue an Order of Conditions for the demolition of the buildings: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
Discussions
Review of Articles for Town Meeting Warrant
Mr. Kemmett questioned the amount of money being requested for the Conservation Fund and how the figure of $5,000.00 came about. Mr. Clemons said that the Commission had discussed it at some point and it wasn’t a random figure. The Commission has a good template for the Open Space and Recreation Plan to use for updating the document and it can be done for a lot less money with the exception of revised maps. Mr. Clemons added that it was it was an educated guess based on the cost of the last OSRP. Mr. Kemmett was of the opinion that this should be a separate article because the cost may be more than anticipated and the Conservation Fund is used for other purposes.
Mr. Kemmett also questioned why the Commission was presenting an Article to repair a drainage swale to alleviate flooding at Katydid Lane as Stormwater Management was under the auspices of another Department. Mr. Clemons said that the work involved restoring the natural flow through an artificial berm at the adjacent Alton J. Smith Conservation Reserve which is under the oversight of the Commission as part of an over-all restoration project. Since Natural Resources of Conservation Services (NRCS) didn’t know about the problem when they set the budget, it is not covered for re-imbursement. Mr. Kemmett asked if the Town Administrator was aware of the idea. Ms. Muncy said that she had involved him in all the discussions. Mr. Clemons will come
into office and assist with revisions to the wording of the articles.
Old Business/New Business
MACC Annual Conference/Invoice – signed
Consultant Review/Invoice – signed
WB Mason/Invoice – signed
Mileage Reimbursement – signed
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: Brad Kirlin
Vote: 3-0-0
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