HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 27th 2004
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 Philip R. Lindquist, Chairman, in the Conservation Office on the second floor of Town Hall.
Members Present: Philip R. Lindquist, Chairman
Ron Grattan, Vice Chairman
Amy Gardner, Clerk
Craig Nicholson, Member
Sean Chrisman (newly-appointed Member)
Members Absent: 0
Others Present: Patricia Cassady, Agent
Rebecca Nehiley, Secretary
* The minutes of April 13th were not complete so a vote was postponed.
Appointments
7:40 PM Release of $2,000.00 Bond for 22 Captain Nathaniel Drive, Assessor’s Map 108, Lot 15-01, owners Michael & Laurie Thomas. (DEP #175-305)
Motion to release bond: Amy Gardner
Second: Craig Nicholson
Vote: 5-0-0
7:45 PM Appointment with the Recreation Committee to discuss a future filing at Camp Kiwanee.
Wes Blauss, Chairman of the Recreation Committee described a restoration project that is needed at Camp Kiwanee in the waterfront area. They would like to clean out the area under the docks and restore ramps and a stairway at the lodge area. Mr. Blauss asked for guidance in following procedure. The process of filing a Notice of Intent was explained. The advice of hiring a civil engineer to draw up plans was also given.
Public Hearings
8:00 PM Continued Notice of Intent for construction of a single family house and septic system at Holly Ridge Drive, Assessor’s Map 111, Lot 115 for Keene Contractor’s P.O. Box 185, Hanson, MA represented by Webby Engineering, 180 County Rd., Plympton, MA (DEP #175-419)
Mr. Wade Keene presented revised plans showing a new location for the well, out of the 50-foot buffer zone. Also the test pit wells were indicated on the map as requested. Ms. Cassady approved of the new report from Sharon LePorte, wetland scientist.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 27th 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Motion to approve the NOI with an Order of Conditions with special conditions: Amy Gardner
Second: Ron Grattan
Vote: 5-0-0
8:15 PM Continued Abbreviated Notice of Resource Area Delineation (ANRAD) to check the accuracy of the areas of delineation as provided by a DEP Bordering Vegetated Wetland field data form at 30 Holmes Street, Assessor’s Map 75, Lot 5 for Anthony Kolacz, 108 Elm St., E. Bridgewater, MA. (DEP #175-421)
Motion to accept the wetland line as shown in the ANRAD: Amy Gardner
Second: Craig Nicholson
Vote: 5-0-0
8:30 PM Continued Notice of Intent for construction of a 19,200 SF contractor’s building and yard with associated grading, driveway and detention basin as well as filling approx. 2,732 SF of wetlands with a replication of 4,198 SF as shown on the site plan at Industrial Blvd., Assessor’s Map 67, Lot 17-13, for West Hanover Strawberry Hill, LLC, 1401 Hanover St., Hanover, MA represented by Merrill Assoc., Inc., 427 Columbia Rd., Hanover, MA (DEP#175- )
Ms. Cassady had reviewed the wetland line with the botanist, John P. Richardson. They found and flagged a vernal pool which the agent would like certified. Ms. Cassady again strongly opposes filling in the wetland area as shown on the plans, otherwise, she approves of the delineation of the line. Doug Schroeder will notify the Commission as to when the test pits will be dug. Also, the plans need to be revised to show the vernal pool and other changes.
Motion to continue the hearing to May 11th at 8:30 PM: Craig Nicholson
Second: Ron Grattan
Vote: 5-0-0
8:45 PM Request for Determination of Applicability to determine if the removal of four (4) trees at 592 Main St., Assessor’s Map 41, Lot 2A-1 is subject to the jurisdiction of the Wetlands Protection Act for owner Christopher J. Collins. (New Hearing).
Craig Nicholson read the Public Hearing Notice and the green cards were checked. Ms. Cassady would like to inspect before advising the Board.
Motion to continue Hearing until May 11th at 8:45 PM: Amy Gardner
Second: Craig Nicholson
Vote: 5-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 27th 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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9:00 PM Appointment with Mr. Phil Huntley of 559 Winter Street, Assessor’s Map 81, Lot 6 to discuss the farming practices on his property. Mike Kennedy, Building Inspector, also present.
Ms. Cassady and Mr. Grattan made an inspection of this property due to a complaint made to the Conservation office and the DEP. Violations of the Wetlands Protection Act and the Hanson By-law were found. Trees had been cut down and culverts were dug and piped towards the perennial Indian Head Brook to the east. There were also large items such as jet skis, trucks, a storage trailer and woodchips stored on the property. Owner, Phil Huntley explained that he is doing a restoration under the Farming & Wetlands Act under maintenance and the ditches have existed since the 1930’s. Ms. Cassady reiterated that he was dredging and altering wetlands. Also, if Mr. Huntley wants to operate a farm, he needs a farm management plan (Ch.61A) from the NRCS in Wareham. Mike Kennedy,
as Zoning Enforcement Officer, hand-delivered a Violation Notice to Mr. Huntley for being in violation of a decision from the Board of Appeals denying a request for permission to operate a business at that site. Ms. Cassady will call Mr. Huntley with information on contacting the NRCS.
9:15 PM Notice of Intent (New Hearing) for a septic system repair at 1 Emory St., Assessor’s Map 2, Lot 50 for John Rothwell, owner, represented by Alan Dias, P.O. Box 314, Monponsett, MA (DEP #175-422)
Craig Nicholson read the Public Hearing Notice and the green cards were checked. Mr. Dias presented revised plans. The whole project is within the buffer zone. The septic system is a raised system surrounded by concrete blocks with an alternative jet system that uses a treatment plant to reduce nitrates. The system will be monitored four times a year initially, then eventually annually. He has Board of Health approval but is waiting to hear from the DEP. It was decided to continue the hearing until a decision is made by the state.
Motion to continue the hearing until May 11th at 9:00 PM: Amy Gardner
Second: Ron Grattan
Vote: 5-0-0
9:30 PM Continued Abbreviated Notice of Intent for construction of four (4), two-bedroom, single family units and parking lot with twelve parking spaces, the rear only of parking lot
(Approx. 312 sq.ft) in the 100-foot buffer zone at Elm St., Assessor’s Map 36, Lots 8-1R & 8-2R for Donald Shute, 345 Washington St., Pembroke, owner. (DEP #175-)
Motion to continue hearing until May 11th at 9:15 PM pending a DEP#: Amy Gardner
Second: Ron Grattan
Vote: 5-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 27th 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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9:45 PM Continued Reconsideration of a Notice of Intent for construction of a single family house and septic system on West side of Union St., Assessor’s Map 31, Lot 7A & 6, for Elko Construction, Inc., P.O. Box 485, Hanson, MA (DEP #175-369)
Mr. Ellis and Mr. Vautrinot could not attend the hearing. However, Mr. Vautrinot had sent in the white cards as proof that two abutters who were missing from the mailing were notified. New member, Sean Chrisman was given a synopsis of the history of this filing. Amy Gardner pointed out that if this case went to court and the Conservation Commission lost, it would set a precedent that would override the Hanson By-law and allow building in the 50-foot no-disturb zone. Craig Nicholson thought that avoiding a court decision would defer legal fees for the Town of Hanson. Mr. Lindquist felt that because this was a pre-existing lot and there is no other alternative for the lot, the request for variance should be granted. (see attached letter)
Motion to grant acceptance to the Request for Variance from the 50-foot no-build zone in the By-law Sec. Chapter 8.01 Sec. 2: Craig Nicholson
Second: Sean Chrisman
Vote: 3 (For) 1 (Against, Amy Gardner dissenting) 1 (Abstaining, Ron Grattan)
Motion to reconsider and approve the NOI with an Order of Conditions with special conditions: Craig Nicholson
Second: Ron Grattan
Vote: 4 (For) 1 (Against, Amy Gardner dissenting)
Orders of Conditions/Order of Resource Area Delineations/Determination of Applicability
Order of Resource Area Delineation for the confirmation of the wetland line across from 670 Pleasant Street, Assessor’s Map 8, Lot 11-1 for Development South Realty Trust, 169 Summer St., Kingston, MA. (DEP #175-423) – SIGNED
Determination of Applicability for routine maintenance performed at the Thomas Mill Site, Liberty St., Assessor’s Map 81, Lot 8 for Donald Ellis, 742 High St., Hanson with special conditions: - SIGNED
Orders of Conditions for construction of a single family house and septic system on Holmes St., Assessor’s Map 57, Lot 7A for Mark Comeau, 5 Meadow Lane, Apt. 9, Bridgewater, MA represented by Tyler Nims, P.E., 256 School St., Pembroke MA 02359 (DEP #175-424) with special conditions: - SIGNED
Determination of Applicability for removal of three trees at 11 Jean St., Assessor’s Map 87, Lot 0039 from owner, Thomas L. Hughes II of 11 Jean St., Hanson, MA 02341 with special conditions: - SIGNED
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 27th 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Adjournment
There being no further business to discuss, it was decided by all to adjourn the meeting.
Motion to adjourn at 10:00 PM: Amy Gardner
Second: Ron Grattan
Vote: 4-0-0
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