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Conservation Minutes, August 12, 2003
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 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 Meeting Room A located on the top level of the Town Hall

Members Present:           Arthur Gelsi, Chairman
                           Ronald Grattan, Vice Chairman
                           Amy Gardner, Clerk                   
                           Phil Lindquist, Member
                                                        
Members Absent:            0  

Others Present:                  Patricia Cassady, Agent
                           Rebecca Nehiley, Secretary                     
 

Public Hearings

7:30 PM   Request for Determination (RDA) for Lot 1, 1 Elm Street, Assessors Map 27, Lot 1-1 for construction of a single family dwelling with associated utilities and an attached garage with McKenzie Engineering Group, Inc., 196 Central St., Saugus, MA  01906  

Deborah Keller, a representative from McKenzie Engineering presented plans for inspection.   Ms. Cassady  wants double haybales around the well before it is drilled and to schedule an inspection.  Ms. Keller said the haybale line is the limit of work.   There will be loam and seed along the driveway, but no fill. Mr. Gelsi would like a double haybale and silt fence along the short section at the beginning of the driveway and a blind catch basin at the end of the driveway.

        Motion to accept a Negative Determination of Applicability with Conditions:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0

7:45 PM  Informal Hearing with  Kim McCormack of Lot 2C, Pennsylvania Ave. to release bond.  DEP #175-336

Ms. Cassady had made an inspection of the above-mentioned property and noted that the seeding has not been successful.  Ms. McCormack indicated that the woodchips are pushed towards the street and need to be removed.  She also informed the Board that they haven’t hydro-seeded yet as it has been raining.  It was noted that a motion was already made to partially release the bond on this property last year, but the paperwork was not filed with the Treasurer/Collecter’s Office.  The Board decided to re-issue the same paperwork to Ms. McCormack dated December 2, 2002 to release 2/3 of the bond.  When the grass is done and the woodchips are removed, the remainder of the bond will be released.


HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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8:00 PM    RDA for 1139 Main Street, Map 43, Lot 36A for removal of fill that was put there without the owner’s permission with owner Michael Allegrini

Mr. Allegrini said that the parking lot was filled in without his knowledge.  He did not give permission to the tenant, Bob Nickerson.  Mr. Nickerson used fill that was from construction of Main Street.   Mr. Gelsi wants the unclean fill pulled out of the buffer zone.  Mr. Gelsi also mentioned that there are buses that are parked there improperly.  Ms. Cassady noted that the Enforcement Order must be lifted in order for Mr. Allegrini to do the work.

        Motion to close hearing:  Ron Grattan
        Second:  Amy Gardner
        Vote:  4-0-0

        Motion to issue a Negative 3 Determination of Applicability with Conditions:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0

        Motion to lift Enforcement Order to remove the fill within 30 days from today:  Ron Grattan
        Second:  Amy Gardner
        Vote:  4-0-0

*  Carole McCormack, Treasurer interjected at this point to say that the paperwork for the Release of the Bond that was just submitted for 34 Pennsylvania Ave. had expired and new paperwork and new vote were needed.*

8:15 PM    Notice of Intent (NOI) for an repair of a septic system at 1139 Main St., Map 43, Lot 36A with owner Michael Allegrini represented by Bob Crowell of Land Planning, Inc. 1115 Main St., Hanson   DEP #175-405  (actual time 8:25 pm)

Mr. Crowell presented new plans for the septic system.  It is above the old system and out of the 50-foot buffer zone.  Also, the new plan call for the system to be raised 4-feet above the water table.   They have Board of Health Approval.  There is a membrane around one side of the system.  Mr. Gelsi would like the membrane extended and haybales until the grass is established.
        Motion to accept the NOI with an Order of Conditions:  Mr. Grattan
        Second:  Amy Gardner
        Vote:  4-0-0    




HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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8:30 PM    Request for Determination for repair of a septic system at 98 Whitman Street, Map 106, Lot 6B-4 with Alan Dias (owner Richard Waisanen) (actual time 8:37 pm)

Ms. Cassady read her report.  The haybales are correct and the system is staked.  It’s an existing house.  Mr. Dias reported that the work is well out of the 50-foot buffer zone.  There will be a minimal amount of fill onsite.  The cesspool will be filled.  The system will be grassed.

        Motion to issue a Negative Determination of Applicability with Conditions:  Amy Gardner
        Second:  Phil Lindquist
        Vote:  4-0-0


8:45 PM    Request for Determination for excavation for a percolation test at 1 Emory Street, Map 3, Lot 5D with Alan Dias (owner John Rothwell, Sr.)

Mr. Dias explained that this is an existing house.   They are doing a soil evaluation.  Because of the proximity to the wetlands, they are asking permission for the test.  He will cover the area with haybales.  Mr. Gelsi asked for comments from abutters.

Susan Condon of 325 Woodbine Ave. asked for the distance between the house and the eventual system.  Mr. Grattan answered 20 feet.

Mary Wheeler of 319 Woodbine Ave. had no comments,

        Motion to close hearing with a Determination of Applicabilty with Conditions:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0

9:00  PM  Formal Meeting with Dan Rosman, owner, regarding 269 Spring Street, Map 108, Lot 3  to discuss lifting an Enforcement Order and progressing with issues at the property.

Mr. Vinnie Flaherty, inspector for the Board of Health attended and informed the Board that Mr. Rosman was not following procedure and the installers were using a dozer, not an excavator.  Mr. Rosman came in at 9:04 pm and said that the haybales were in and he fixed the silt fence.  Mr. Gelsi said that Mr. Rosman had pumped the old cesspool into the wetlands.  Mr. Gelsi does not want to lift the Enforcement Order until we get a letter from DEP who had been notified of the violation.  Mr. Flaherty said that noone is living in the house and at this point, the tank is just a tank.  Mr. Rosman asked how he could correct anything unless the EO is lifted.  Ms. Gardner asked if groundwater was being affected by the crushed tank.  Mr. Flaherty said it’s saturated.  Ms. Cassady recommended that an NOI be filed to remove anything from the property.  Mr. Rosman wants to pump out 10,000 gallons of groundwater from the hole dug for the septic.  Webby Engineering suggested filtering the
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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water through haybales (de-watering).  Mr. Rosman has done a test-sampling of the water and it is not contaminated.  Ms. Cassady wants double haybales for any dewatering.

Motion to partially lift the Enforcement Order so Mr. Rosman can submit an NOI, bring in the water test results tomorrow (8/13) and dewater with double haybales provided it is a clean test result:  Amy Gardner
Second:  Ron Grattan
Vote:  4-0-0   

Because of a clerical error, an Enforcement Order for 480 East Washington St. Map 106, Lot 9, was not listed on the agenda.  However, a letter was sent to Dan Rosman, owner telling him that this issue would be addressed at tonight’s meeting. Therefore, as Mr. Rosman was here and Ms. Cassady said everything has been complied with and it is a work in progress the EO was lifted.                                                      
        Motion to lift the Enforcement Order:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0  


9:15 PM  Notice of Intent for replacement of a failed septic system at 143 Union Park St., Assessors Map 2, Lot 337 with owner John T. Prendergast represented by Olde Stone Engineering, Inc.           DEP #175-406  (9:35 pm actual time)

George Collins from Olde Stone Engineering, Inc. proposed a soil absorbtion system for an existing 2 bedroom house with a failed septic, that is 52 feet from the wetlands.  They will be pumping and filling in the old system.   The new system will be loamed and seeded.  The system is below grade.  Mr. Gelsi asked if there were any wells in the area.  Mr. Collins replied, no, it is all public supply.
Mr. Gelsi would like the drain barrier extended all around except in the front near the street.

Motion to accept the NOI with an Order of Conditions (silt fence, double haybales, drain membrane:  Amy Gardner
        Second:  Ron Grattan
        Vote:  4-0-0
 

9:30 PM   Informal Meeting with Christopher Rich, Boy Scout Troop 34 regarding Leadership Project at Hanson Middle School.  

Christopher Rich, age 17, and a Senior at Whitman-Hanson Regional H.S., made a presentation that has been already approved by the School Committee to install markers along a trail at the Hanson Middle School that will identify surrounding flora.   This project will enhance a 7th grade curriculum at the Middle School.  He showed the site plan and described the path.  The trail is already cleared
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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and no trees will be cut down.   Ms. Cassady mentioned that Christopher had filed an RDA with the office but it wasn’t necessary and will be waived.  However, we appreciated that he was following
proper procedure and that our office will send him documentation that it is OK and that we appreciate the work that he is doing.

Signing of Special Orders of Conditions/Ratification of Enforcement Orders/ Certificates of Compliance and Extension Permits

1.      Ratification of Enforcement Order to Cease and Desist at 800 Franklin St., Map 67, Lot 6A-1, owner Murley-Franklin Realty Trust, 1215 Washington St., Weymouth, MA.  (DEP #175-289)
2.      Certificate of Compliance for Dan Dowling, owner at 690 High St., Assessors Map 64, Lot 4AA for construction of a swimming pool. (DEP #175-276)
3.      Orders of Conditions for Francis J. Gribos, property location:  39 Ocean Ave., Assessor’s Map 1509 & 1510 (DEP #175-399) for repair of a septic system with special conditions:  
·       The haybales and silt fence shall be placed on site as shown on approved plans          
·       The haybales shall have two stakes in each bale and the stakes shall be cut flush with the top of the bale.
·       Call the Conservation Office at 781-294-4119, Ext. 118 to schedule a haybale and silt fence inspection prior to the start of work.
4.      Order of Conditions for Frank Harbester, property location:  W. Washington St., Assessor’s Map 92, Lot 18 (DEP #175-394) for construction of a single family home with special conditions:
·       The haybales shall be installed prior to the start of any work and a haybale inspection shall be scheduled after installation.
·       The haybales shall have two stakes each and the stakes shall be cut with the top of the bales
·       No other work or structure can take place within the 50 foot no-disturb zone, except that which was approved through this order of condtions.
·       Only the overhang for the back corner of the house is allowed within the 50-foot no disturb zone.
·       Any landscaping or other extensive yardwork will require the current owner to come to the Commission for review.
5.      Order of Conditions Denial for Elko Construction, property location:  W. Side of Union St., Assessor’s Map 8, Lot 6B for construction of a single family home.  (DEP #175-369)
6.      Certificate of Partial Compliance for Kenneth Marston, Trustee for Marston Realty Trust, property location:  211 Station St. Assessor’s Map 50 , Lot 24F , (DEP #175-138)
7.      Certificate of Compliance for Maureen Cantin, owner of record, property location:  64 Woodbrook Ln., Assessors Map 116, Lot 5-05A. (DEP 175-220)
8.     Extension Permit for Order of Conditions for Amy Gardner of 92 South St., Assessor’s Map 24, Lot 30 F, (DEP #175-329)
9.     Extension Permit for Order of Conditions for 3 Brothers Landscaping/Steve Alexander, Franklin & W. Washington Streets, Map 67, Lot 6A-2 for three years (DEP #175-327)
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 12, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Acceptance of Minutes
        
June 24, 2003 - postponed
July 8, 2003 – postponed
July 22, 2003 - postponed


Old Business/New Business

Agent’s hours and mileage were signed.
 
        Motion to lift Enforcement Order for 800 Franklin St., Map 67, Lot 6A-1, owner Murley-Franklin  Realty Trust, DEP #175-289:  Ron Grattan
        Second:  Amy Gardner
        Vote:  4-0-0

Discussions

10:00 PM John F. Aiello, former Commissioner, citing the Freedom of Information Act, informed the Board that it has 10 days to respond to any requests for information.  He has a request that goes back four months to April 14, 2003.   A second request was sent on June 30, 2003. If we have the information, he wants it.  If we don’t, say it.    Another request is for all copies of site visits done by Ronald Grattan (by himself only) from January 1, 2002 to the present.   Also, he requested copies of site visits by Patricia Cassady conducted by herself only from the time she was hired to the present

Arthur Gelsi  presented a letter that he had written, dated August 11, 2003 to the Conservation Commission, Board of Selectman and the Town Clerk.  A copy was given to Mr. Aiello and hand delivered to him at this meeting.

        10:20 PM  It was decided to schedule the Conservation Commission meetings every other week               indefinitely.

        
 
Adjournment

There being no further business to discuss, the Board decided to adjourn at 10:25 PM.