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Conservation Minutes, July 22, 2003
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA



Called to Order:  7:30 PM under the M.G.L. chapter 131, s.40 and the Hanson By-Law 1-13 s.5.  by Arthur Gelsi, Chairman in the Selectman’s Meeting Room located on the ground level of the Town Hall

Members Present:           Arthur Gelsi, Chairman
                           Ronald Grattan, Vice Chairman
                           Amy Gardner, Clerk                   
                            Phil Lindquist, Member
                                                        
Members Absent:            0  (Rebecca Nehiley, secretary, absent)

Others Present:                  Patricia Cassady, Agent                          
 

Public Hearings

7:30 PM  Notice of Intent (NOI)  for a repair of a sanitary system located at 39 Ocean Ave., Assessor’s Maps 2-1509 & 1510 with owner Francis Gribos and Paul Fellini of Merrill Assoc., Inc. 427 Columbia Rd., Hanover, MA.  DEP #175-399

Mr. Fellini presented updated plans showing that the previous house (#42) had been torn down and the new house design was reduced from 4-bedrooms to 2-bedrooms.  The septic system is 50’ from the resource area.  The design calls for a retaining wall made of “redi-rock”.  Arthur Gelsi had questions regarding haybale location and stump removal.  Mr. Fellini responded that proof of stump removal off-site will be provided.  Arthur recommended double hay bales instead of dirt bags to control siltation.
Motion to accept the NOI pending an Order of Conditions:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0  
 
7:45 PM  Continued NOI for west side of Union St., Map 31, Lots 7a & 6 for construction of a single family house and septic system with Don Ellis, Elko Construction, Inc., P.O. Box 485, Hanson.  DEP #175-369

Don Ellis presented updated plans showing that the proposed new house was reduced by 2-feet to put the closest corner of the building 47-feet from the resource area.  The driveway was also moved further away but was still in the 50-foot buffer. In addition he explained that there are restrictions as to how far off the property lines septic systems can go and he tried to fit the septic in the back of the property as requested by the Commission, but it wouldn’t fit.  Mr. Lindquist asked if he would be cutting trees.  Mr. Ellis said that is not in the proposal but he would put a berm around the driveway to prevent runoff and a swale to take in water.  Mr. John Aiello, who

 HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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was present as an onlooker, but not an abutter made a comment about how this was the contractors third lot purchased and third time asking for a variance and that even though the lot was created years ago, the contractor knew at the purchase that they wouldn’t meet the Con-Com By-Law in order to put a house on it.  Therefore, a variance should not be granted because the hardship was created by themselves.  However, if the applicant shortened the house, he could request a variance.

        Motion to accept the NOI with a variance: Phil Lindquist
        Second:  Ron Grattan
        Vote:  1-3-0

        Motion to close hearing and deny project:  Phil Lindquist
        Second:  Arthur Gelsi, Chairman
        Vote:  4-0-0

8:00 PM (8:12 actual time)  Continued NOI for construction of a retirement community, Stonebridge Commons, located at Liberty & Winter Streets, Map 90, Lots 5 & 5A and Map 91, Lots 14 & 16 with Mark Ridder, owner.

A drawing was placed on the wall for abutters to view.  Mr. Lindquist had a question about the drop off of land from Winter Street to the bridge.  It was a 30-foot gradual drop.  Mark Ridder replied that the drainage comes off the street and all water sheds south. There are detention basins in all the low points.  The on-site treatment plant meets DEP requirements, all units are outside the buffer zones and FEMA maps show that the project is out of the flood zone.

Peter Guidaboni of 255 Liberty Street had a complaint about his yard flooding.  He realized that his flooding problem was due to a different project.

Phil Lindquist asked about retention basins.  Mr. Ridder explained that the three drainage sites on the property were there to collect water and regulate the rate in which water is discharged back into the water table.  The DEP requires that this project does not increase or decrease the rate of water that enters the water table.  Mr. Ridder then reiterated that there are three small, isolated wetlands, but there will be no filling of wetlands.  Percolation testing has been done for the treatment plant and the water will be considered drinkable after treatment.  He is also very willing to work with abutters to help with screening and to soften impact on their homes.

Mr. Lindquist asked about the small pond and what will be done to improve it.  Mark Ridder replied whatever the ConCom thinks is necessary.  It’s possible to put up bird houses, benches, basking logs for turtles and additional plants as needed.  

Ms. Cassady called out the names of the abutters from the list.

HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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·       Jeff Clifford of 240 Winter Street submitted written comments:

1.      The project calls for 4,800 sq. feet of alteration off of Liberty St. and more in other areas exceeding the 5,000 sq. foot limit.  Shouldn’t an Environmental Notification Form (ENF) be filed with the DEP?
2.      Will there be flooding problems due to the water from the septic systems being more than the leaching field can handle?
3.      The project’s yards will be encroaching on the buffer zones.  More flooding problems?

·       Robert and Barbara Farrell of 283 Winter Street are concerned by waste water flooding onto their property and would there be a backup plan.
·       Howard Dillon of 372 Winter Street asked if a dirt path can be created or maintained between Winter Street and the Middle School.
·       Phil Clemons of 46 Main Street asked how the path would connect to Liberty Street from Winter Street.
·       Gilbert Grabowski of 248 E. Washington Street asked that since 60 acres of conservation land will be wiped out, what are the plans for wildlife?  Also he asked about water conservation.

Since there were many questions and concerns regarding this project, it was decided to continue the hearing until August 26, 2003.
Motion to continue the hearing to August 26th from 8-9 PM:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0


8:30 PM (actual time 9:05 PM)  Continued NOI for construction of a single family dwelling on Lot 18, W. Washington Street with Frank Harbester represented by John Cotter of The Russell A. Wheatley Co., Inc., 700 Bedford St., Abington, MA.  DEP #175-394

Mr. Cotter presented updated plans proposing no building construction in the 50 foot buffer  zone.  There will be an overhang into the 50 foot buffer.  The foundation size was also reduced as requested.  Mr. Harbester presented a newspaper article showing a house on this lot previously.

        Motion to accept the NOI pending an Order of Conditions:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0



HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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8:45 PM   Formal Meeting with Bud Doolittle re:  Release of Bond for Anne Marie Lane
        
        *cancelled by Mr. Doolittle     

9:00 PM Informal Meeting regarding a Request for Certificate of Compliance and Enforcement Orders for Marston Realty Trust off Phillips Road, Lots 4A & 4B with owner Kenneth Marston ,Joseph Olbry, Esq. Of Cawley & Olbrys, LLP, 382 Boston Turnpike, Suite 204, Shrewsbury, MA  01545 and Diane Clay, potential buyer of property in question.

Mr. Olbrys asked that the Enforcement Order be lifted since all the violations had to do with actual construction from ten years ago.   Ms. Cassady suggested that an inspection had to be made.  An appointment was made for Thursday, July 24 at 10:30 AM.  Amy Gardner and Ron Grattan will accompany the agent on the inspection.

9:15 PM  Informal Meeting with Phil Clemons from the Open Space Committee.  

Phil Clemons and Howard Dillon would like to be appointed to the Conservation Commission to help research anything which would be related to and only to open spaces.  The Conservation Commission thinks it is a good idea and will look into making the appointments.
        
9:30 PM   NOI for upgrade of septic system at 31 Fallon’s Point Road, Assessor’s Map 69, Lot 56 with Frank Mahoney.  DEP #175-404

        *cancelled by written request from Frank Mahoney

Signing of Special Orders of Conditions
1.  Three Order of Conditions (3) for Elm Street, Lot 5 (Map 27, Lot 1-5) DEP #175-401, Lot 7 (Map 19, Lot 1-7) DEP #175-400 and Lot 9 (Map 19, Lot 1-9) DEP #175-403 for single family dwellings and associated sitework on each site with special conditions:   1.  Haybales and silt fences shall be installed prior to the commencement of work and the Commission shall be notified when the installation of erosion controls is done so that an inspection can be scheduled.  2.  No work shall occur within the 50’ no disturb zone.

2.  Order of Conditions for 764 E. Washington St., Map 114, Lot 0021-01, DEP #175-402 for construction of an addition to a single family home with special conditions:  1.  That a certificate of the location of the asphalt shall be submitted to the Commission.  2.  The existing pavement shall be removed by hand.  3.  The erosion controls, haybales and silt fence shall be installed along the 100 foot contour line as shown on approved plans prior to any work taking place.  4.  Contact the Con-Com to schedule a site inspection of the erosion controls prior to work beginning.
 
   HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 22, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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3.  Negative Determination of Applicability for 117 Beechwood Rd., Map 115, Lot 17 for an addition to an existing single family house with April Young, owner with special orders:
1.  Haybales and silt fence shall be installed at the 50-foot mark from the pond prior to the commencement of any work.  2.  The Con-Com shall be notified of the installation of the erosion controls prior to the commencement of any work and a site inspection should be requested.

4.  Certificate of Compliance for John Willis, Pleasant St., Lot 1, construction of a single family dwelling.  DEP #175-161


Acceptance of Minutes
        
June 24, 2003 - postponed
July 8, 2003 – postponed


Old Business/New Business

Agent’s hours and mileage were signed.
Bills Signed:  Rebecca Nehiley/reimbursement for purchase of pedestal fan $14.46
Letter to Deb McKeen regarding resignation signed
 

Adjournment

There being no further business to discuss, the Board decided to adjourn.

Motion to adjourn at 10:10 PM:   Mr. Grattan
Second:  Phil Lindquist
Vote:  4-0-0