HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 26, 2003
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Called to Order: 7:37 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
Barbara St. Andre, Attorney, Kopelman & Paige, P.C.
Public Hearings
7:30 PM Request for Determination (RDA) for the repair of a failed septic system at a 603 Main Street, Assessors Map 33, Lots 17E with owners Joseph & Carol Connolly and Tyler Nims, P.E., 356 School St., Pembroke, MA. (Actual time: 7:40 PM)
Carol & Joe Connolly presented plans. However, since Tyler Nims, P.E. was unable to attend, the hearing was continued.
Motion to Continue hearing until Sept.9th at 7:30 PM: Amy Gardner
Second: Phil Lindquist
Vote: 4-0-0
7:45 PM Appointment with Dan Maurano of 903 W. Washington Street to discuss the installation of a fence that is within the 200-foot riverfront area on his property. DEP #175-312 (Actual time 7:50 PM)
Ms. Cassady and Arthur had looked at the fence and noted that it is within 200 feet of a perennial river. The concern of the Commission is the Resource Area. Dan Maurano explained that the fence is on his property line. Mr. Grattan said that Mr. Maurano should not store anything near the riverfront area. Ms. Gardner asked Mr. Maurano to please come in and file with the Commission for any future renovations so that the Commission is able to help him discern any impact on the wetlands. Ms. Cassady will call Mr. Maurano to set up a site visit.
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8:00 PM Continued NOI for construction of a retirement community, Stonebridge Commons, located at Liberty & Winter Streets, Assessors Map 90, Lots 5 & 5A and Map 91, Lots 14 & 16 with Mark Ridder. DEP #175-397
Mark Ridder began the hearing by presenting a proposal to amend an Abbreviated Notice of Resource Area Delineation (ANRAD) with regard to the proposed access road, presently deemed a cart path. He also submitted a TSS (Total Suspended Solids) report that demonstrated that the proposed stormwater management systems will remove greater than 80% of the post-development site’s annual load of TSS. Richard Kirby, representing LEC Environmental Consulting, explained that they were hired to look at the vegetation and soils in the parameter of the cart path. By their observations of the surrounding flora and tests of soil colors made on August 13th, 2003, it was ascertained that the cart path was upland and that is the reason for the request to amend the ANRAD. Ms. Cassady inspected on August 14, 2003 and concurred with his determination. Mr. Grattan asked the purpose of the access road. Mr. Ridder explained that it was a request of Fire Chief Hoyt to obtain access for emergency
vehicles. No trees would be cut, the width of the road would remain the same and would be covered with crushed stone. He will dig a three-foot wide trench for an 8-inch water main, stockpile and fill in at the same time. The sewer pipe is 2” and runs parallel. Abutters were asked for comments.
Carl Norris of 197 Liberty St. asked if the plan required a double containment pipe for the septic and if the length of the cart path was 450 feet. Mr. Ridder said he would check with the DEP and that the length of the cart path was 450-feet approximately.
Jeffrey Clifford of 240 Winter St. asked the Commission to re-explore the area of delineation on Winter St.. He suggested that Mr. Ridder is requesting the ANRAD because he wants to avoid filing an ENF(Environmental Notification Form)with the DEP. Also, no abutters were notified of the wetland delineation meeting and he would like a separate meeting. Mr. Ridder answered that the original NOI was done before there was a request for emergency vehicles. Proper procedure was followed. The DEP has issued a superseding Order of Conditions to approve 1,450 feet of road for the bridge, driveway and associated utilities.
Edward Monticone of 267 Winter St. expressed concerns about excess rainfall and drainage. Would the soil hold the water. Would there be leakage from the septic system.
Mr. Ridder explained that there was good soil there and no more water was going off the site than before construction. The design is being finalized and the system and leaching field will go by DEP standards. They will be required to test sample 5-days a week at the treatment plant for DEP approval.
Ms. Cassady asked why the septic wasn’t shown on the plan. Mr. Ridder said that it is not within the 100-foot buffer zone, therefore not in the jurisdiction of the Commission. However, if we have any requests to put them in Order of Conditions.
Angus Beaton of 428 Winter St. (general public) had concerns with the leaching field, drainage along the road and silt runoff. Mr. Beaton was also concerned with the river flooding and the
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increased water flow. Mr. Ridder replied that all runoff from the roadways go into the detention basins. The sewer water will be pumped.
Jeffrey Clifford reiterated that he wants the project denied so it can go to DEP for an ENF. He submitted written concerns opposing the ANRAD.
Ms. Cassady pointed out that there might be a margin of error when digging the detention basins with regard to the square footage of alteration. Mr. Ridder replied that in the previous NOI, 4,325 sq. feet were being altered, less than the 5,000 sq. feet maximum alteration required to file an ENF. He also said that he will have a surveyor and we are encouraged to come and inspect during construction. Ms. Cassady asked if there was to be any replication and Mr. Ridder answered that there is a 2 –1 replication on the original plan.
Susan Robinson of 227 Winter St. wondered if the delineation had taken into consideration the fact that the cart path may be upland now, but that it wetlands at one time. Ms. Cassady said, possibly, but the present soils and plants are used to determine the delineation.
Michelle Cadman (general public) commented that the project is changing the characteristic of the town. It’s destroying wildlife, creating noise and traffic. There will be too many people . She will probably move.
Ann Beaton (general public) asked if it’s that close with a certain amount of error, why not go to the next level of government. Why not wait a year for the DEP to make a final check. Mr. Kirby replied that the DEP was notified of the original NOI and the ANRAD.
Motion to accept the amendment to an abbreviated Notice of Resource Area Delineation for the cart path: Amy Gardner
Second: Phil Lindquist
Vote: 4-0-0
Motion to close the hearing: Phil Lindquist
Second: Amy Gardner
Vote: 4-0-0
Motion to accept the NOI for construction of a retirement village (Stonebridge Commons) located at Liberty & Winter St., (Map 90, Lots 5 & 5A, and Map 91, Lots 14 & 16) with an Order of Conditions: Ron Grattan
Second: Amy Gardner
Vote: 4-0-0
Jeffrey Clifford wanted it noted in this record of his objections to the ANRAD.
Ms. Cassady informed the abutters that they have 10 days to appeal this decision after the Orders have been issued.
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9:00 PM Notice of Intent for installation of a new septic system at 112 Whitman St., Assessor’s Map 106, Lot 0006B with Nicole Coyman & Ray Facillo represented by Phil Levereaux, P.E., P.M.P. Associates LLC., 200 N. Bedford St., E. Bridgewater, MA DEP#175-407
Mr. Levereaux presented plans for a septic upgrade for an existing house. It is a gravity system. Stumps will be removed off-site as a few trees will be cut for grading. The old system, a cesspool, is being crushed and filled.
Motion to close hearing: Amy Gardner
Second: Ron Grattan
Vote: 4-0-0
Motion to accept NOI with Order of Conditions: Amy Gardner
Second: Phil Lindquist
Vote: 4-0-0
9:15 PM Notice of Intent for the installation of a septic upgrade within the buffer zone at 974 E. Washington St., Assessor’s Map 113, Lot 14-7 with owner Marylou Hobson and Shayne McGlone of McGlone Enterprises, Inc., 21 Pembroke St., Kingston, MA DEP #175-408
Phil Lindquist excused himself from the hearing due to personal conflict. Shayne McGlone presented plans. It is a repair for an existing house. Mr. Gelsi asked about excess material. Mr. McGlone explained all would be taken off site. Two trees will be cut and stumps removed.
Motion to close hearing: Amy Gardner
Second: Ron Grattan
Vote: 4-0-0
Motion to accept NOI with an Order of Conditions: Amy Gardner
Second: Ron Grattan
Vote: 3-0-1
9:30 PM Notice of Intent for upgrade of a septic system at 31 Fallon’s Point Road, Assessor’s Map 69, Lot 56 with Frank Mahoney, owner & Shayne McGlone of McGlone Enterprises, Inc. DEP #175-404.
Mr. McGlone withdrew his Notice of Intent due to problems with relocation of a well. Ms. Cassady asked him to put the request in writing.
Motion to accept withdrawal: Amy Gardner
Second: Phil Lindquist
Vote: 4-0-0
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Minutes
Motion to accept minutes of June 24, 2003: Ron Grattan
Second: Amy Gardner
Vote: 4-0-0
Motion to accept minutes of July 8, 2003: Ron Grattan
Second: Amy Gardner
Vote: 4-0-0
Motion to accept minutes of July 22 with minor corrections: Ron Grattan
Second: Amy Gardner
Vote: 4-0-0
Orders of Conditions/Determinations of Applicability
Negative Determination of Applicability (DOA) 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 for McKenzie Engineering Group, Inc., 196 Central St., Saugus, MA 01906 with conditions: 1. Dbl.row of dbl. staked haybales w/stakes cut flush installed at start of DW and approx. 80 ft. up DW and placed around proposed well loc. prior to start of work. 2. Rest of site shall have single row of dbl.staked haybales with stakes cut flush. 3. Silt fence installed w/bales and wrapped under bales facing wetland side. 4. DW bermed on left side to direct runoff from wetlands. 5. Need revised plans showing changes for bales and
pitch of DW.
Negative DOA for 1139 Main Street, Map 43, Lot 36A for removal of fill that was put there without the owner’s permission for owner Michael Allegrini with conditions: 1. 1,025 sq.ft. area of fill material shown on plans shall be removed within 30 days (till Sept.10, 2003) or fines will occur. 2. 1,025 sq.ft. shall then be revegetated w/native shrubs.
Order of Conditions for an repair of a septic system at 1139 Main St., Map 43, Lot 36A for owner Michael Allegrini represented by Bob Crowell of Land Planning, Inc. 1115 Main St., Hanson DEP #175-405 with conditions: 1. Dbl.staked haybales installed prior to start of any activity. 2. Stakes cut flush w/haybale. 3. Notify ConCom for haybale inspection. 4. Old system removed and contaminated soils taken offsite. 5. No other work to take place in 50-foot no disturb zone other than what was approved accord. to submitted plans.
Negative DOA for repair of a septic system at 98 Whitman Street, Map 106, Lot 6B-4 for Alan Dias (owner Richard Waisanen) with conditions: 1. Dbl.staked haybales cut flush and installed prior to start of work. 2. Old system pumped and contaminated soils removed offsite. 3. The 20-30 yds. Of fill staying onsite during work shall be in a location south of haybales, or in front of house to prevent erosion of material towards wetlands.
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Negative DOA for excavation for a percolation test at 1 Emory Street, Map 3, Lot 5D for Alan Dias (owner John Rothwell, Sr.) with conditions: 1. After perc. test is completed, area shall be covered w/broken haybales to prevent erosion towards wetlands. 2. The installation of a future septic will require the filing of a Notice of Intent.
Order of Conditions for replacement of a failed septic system at 143 Union Park St., Assessors Map 2, Lot 337 for owner John T. Prendergast represented by Olde Stone Engineering, Inc. DEP #175-406 with conditions: 1. Old system that is pumped and any contaminated soils shall be removed offsite. 2. Dbl. Row of dbl.staked haybales installed prior to any activity onsite. 3. Stakes should be cut flush w/height of bales. 4. Install silt fence between two rows of bales. 5. A permanent barrier shall be wrapped all the way around system to prevent lateral migration of runoff.
Negative DOA for Christopher Rich, Boy Scout Troop 34 for placement of sign markers at Hanson Middle School and letter of commendation
Corrected Extension Permit for Order of Conditions for 800 Franklin St., Map 67, Lot 6A-1, owner Murley Franklin Realty Trust, 1215 Washington St., Weymouth, MA DEP #175-289
Old Business/New Business
Ratification of Enforcement Order to Cease and Desist to Bob Nickerson, owner, Michael Allegrini for activity that has taken place at 1139 Main St., Map 43, Lot 36A, Hanson, Plymouth Liquors in violation of Public Hearing decision on August 12, 2003 to remove the unclean fill.
Motion to ratify Enforcement Order: Amy Gardner
Second: Ron Grattan
Vote: 4-0-0
Release of Bond held in account for Lot 1B1, Monponsett St. for finish grading and landscaping, to Robert Junior. DEP #175-247
Motion to release bond: Amy Gardner
Second: Ron Grattan
Vote: 4-0-0
Partial Release of Bond for 34 Pennsylvania Ave., Lot 2C, to Ken & Kim McCormack, needs new vote & sign paperwork as old paperwork had expired. DEP #175-336
Motion to partially release Bond ($2,000): Amy Gardner
Second: Phil Lindquist
Vote: 4-0-0
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Lift Enforcement Order for Kenneth Marston, Trustee for Marston Realty Trust, property location: 211 Station St., Assessors Map 50, Lot 24F DEP #175-138
Motion to lift Enforcement Order: Phil Lindquist
Second: Ron Grattan
Vote: 3-0-1 Amy Gardner abstained
Tricia’s hours & Mileage: signed
Registration Fee for Training courses at Bridgewater State College (MACC) signed
Review Article for Transfer of Tax Title Land, southerly side of W. Washington St., Map 92, Lot 23
Motion to submit article to Selectman’s Office for consideration at Special Town Meeting: Ron Grattan
Second: Phil Lindquist
Vote: 4-0-0
Discussions
Mr. Gelsi asked Barbara St. Andre, attorney, about the issuance of an Enforcement Order that was just ratified for putting more fill (gravel) in at 1139 Main St. What are our options. Ms. St. Andre reiterated that we should issue him the Determination of Applicability and Order of Conditions and that he has until September 10, 2003 to clean up the area according to the initial vote on August 12th . If not done by then, issue fines. Mr. John Aiello, who attended the meeting, but is not an abutter, said that according to the rules and regualations, there is a maximum fine of $100.00 per violation and up to $300.00 per day that is allowed. Ms. Cassady also made the point that it was the tenant who had committed the violations. Ms. Gardner said,
however, it is the owner’s responsibility
Ms. Cassady asked if someone would go on site visits with her. Amy Gardner said that she had time off next week and she would go with her on Friday.
Ms. Gardner brought up the subject of lawsuits. How can the Board make decisions based on the By-Law, if they are always afraid of being sued personally. Could we draft a letter to the Selectman to have the Town take responsibility of liability. Barbara St. Andre remarked that you can’t stop someone from suing, either a Board or personally. However, you can take steps to defend yourself: Act in good faith when you vote. Don’t use personal bias (i.e. age discrimination) and violate someone’s civil rights. Don’t get into conflicts. Town Insurance will cover Civil Rights lawsuits. If we have concerns, bring it up with the Board of Selectman. It is something that must be considered if you want to be a Town
Official.
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Appointments
Motion to appoint Phil Clemons Howard Dillon from the Open Space Committee as Associate Members for the purpose of assisting Conservation with open space planning, property inventories, acquisitions/grant writing and stewardship: Ron Grattan
Second: Amy Gardner
Vote: 4-0-0
Adjournment
There being no further business to discuss, the meeting was adjourned.
Motion to adjourn the Meeting at 10:20 PM: Phil Lindquist
Second: Ron Grattan
Vote: 4-0-0
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