HANSON CONSERVATiON COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 23rd, 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 Meeting Room A in the Town Hall.
Members Present: Philip R. Lindquist, Chairman, Ron Grattan, Vice Chairman
Sean Chrisman, Member, Craig Nicholson, Clerk
Members Absent: 0
Others Present: Janine Delaney, Interim Agent
Rebecca Nehiley, Secretary
Minutes to be Accepted
Motion to approve minutes of November 9, 2004: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
Appointments
7:30 PM Appointment with Timothy Pratt, 7 Joshua Lane, Lot 13 regarding a Violation Notice (DEP #175- 316)
Mr. & Mrs. Pratt attended the meeting in response to a Violation Notice informing them that their existing fence was in violation of the Orders of Conditions. Mr. Lindquist read the Orders stating that no work would be undertaken on that lot in the Riverfront area without the Commission’s permission. Ms. Delaney suggested that the Pratt’s file an After-the-fact Notice of Intent and pay the required fees. The Board will take this matter under consideration and let the Pratt’s know of their decision.
Public Hearings
7:45 PM Notice of Intent for the construction of a new, single-family house, subsurface sewage disposal system, utilities and site grading at 684 Pleasant Street (LOT 2), Assessor’s Map 8, Lot 4, for Victor Lewis, 231 Brook St., Plympton represented by Land Planning Inc., 1115 Main St., Hanson, MA. (DEP #175-0455) (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutters were verified. Bob Crowell from Land Planning made the proposal. This is a lot that was divided from a single lot. The proposal calls for the construction of a new house. The wetland line had been approved last summer through an ANRAD. The septic is out of the 100’ buffer zone and is Board of Health approved. They are asking for a variance because the driveway is in the 50’ no build zone. Mr. Grattan commented that the buffer zone disturbance should be calculated and a replication area designed. Mr. Lindquist would like more detail shown on the plan concerning the driveway. Ms. Delaney commented that there is no compelling reason to sub-divide the lot into two. Is it
because there a hardship involved? They can’t meet the setbacks.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 23rd, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Phil Lindquist read the abutters list.
Stephen Fernandez, 67 Indian Trail – son of Eugene Fernandez who is an abutter. Mr. Fernandez looked at the plan. Had concerns with drainage.
Motion to continue the hearing until December 14th at 8:00 PM pending a revised plan: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
8:00 PM Notice of Intent for the razing of an existing house, construction of a new, single-family house, subsurface sewage disposal system, utilities and site grading at 684 Pleasant Street
(LOT 1), Assessor’s Map 8, Lot 4, for Victor Lewis, 231 Brook St., Plympton, MA represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #175-___) (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutters were verified. Bob Crowell made the presentation. The proposed new house is out of the 100’ buffer zone. However, a small amount of grading is in the buffer zone. Mr. Nicholson suggested that the mitigation for Lot 2 could be compensated for on Lot 1. Mr. Lindquist would like the 50-foot buffer zone shown on the plan. Phil Lindquist read the abutters list.
Stephen Fernandez, 67 Indian Trail – again had concerns with drainage. Would like a copy of the plan.
Motion to continue the hearing until December 14th at 8:15 PM: Craig Nicholson
Second: Rob Grattan
Vote: 4-0-0
8:15 PM Request for Determination of Applicability for the installation of an in-ground pool with a surrounding fence and landscaping and the construction of a shed at 100 Litchfield Lane, Assessor’s Map 118, Lot 19-8 for Nance Rogers (New Hearing)
Craig Nicholson read the Public Hearing Notice. The abutters were not notified. Ms. Delaney had inspected and spoken with the owners. The proposed swingset and shed can be pulled out of the 50-foot buffer zone. It should be shown on a revised plan.
Motion to continue the hearing until December 14th at 8:30 PM pending abutter’s notification and a revised plan: Ron Grattan
Second: Sean Chrisman
Vote: 4-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 23rd, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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8:30 PM Continued Notice of Intent for construction of an addition to the existing structure at 1139 Main St., Assessor's Map 43, Lots 36A & 36B for owner Angelo D’Emilia, Demco Enterprises, 31 Perkins St., Bridgewater, MA 02324 represented by Land Planning, Inc., 1115 Main St., Hanson, MA 02341 (DEP #175-___)
Motion to continue until December 14th at 9:15 PM pending a revised plan: Ron Grattan
Second: Craig Nicholson
Vote: 4-0-0
8:45 PM Continued Notice of Intent for construction of a single family dwelling with driveway, septic system, utility connections and minor site grading at terminus of Greenbrier Lane, Map 108, Lot 0024A for Arthur Duffy, Bay Farm Development (Local Filing #04-02)
Richard Kirby of LEC gave a re-cap of the proposal. Because the driveway encroaches into the 50-foot buffer zone, a 4-1 ratio for a mitigation plan is shown on the plan. The 50-no disturb zone will be marked with post and rail fence and would also demarcate the Conservation Restriction of 6.5 acres. The wetland line flagging was re-established per the independent consultant review and the minor modifications were shown on a revised plan. Mr. Kirby presented a maintenance program for the nesting and roosting boxes. The property owner would be responsible for the maintenance. Ms. Delaney thought it was a well-thought out mitigation plan, sufficient for the alteration proposed and recommended approval.
Motion to approve and issue an Orders of Conditions with conditions and approve the Conservation Restriction: Ron Grattan
Second: Craig Nicholson
Vote: 4-0-0
9:00 PM Continued Notice of Intent for the demolition of and reconstruction of a house and the upgrade of a septic system at 62 Ocean Ave., Assessor’s Map 2 , Lot 1518 for Dean Anderson represented by John W. Delano and Assoc., Inc., 220 Hudson St., Halifax, MA (DEP #175-0454)
John Delano presented a revised plan. The flagging had been adjusted per Ms. Delaney’s request. All of the miscellaneous, existing encroachments into the wetland are shown on the plan. They eventually will be removed and stored in the house or garage. Much of the junk stockpiled in the wetlands is actually on someone else’s property and the owner (Barbara Spencer) should be made aware. There is a proposed mitigation area seeded with conservation mix. The driveway will be paved. The construction sequence is shown on the plan. Mr. Anderson is asking for a variance from the 50-foot no-build zone restriction. Mr. Lindquist is concerned with the size of the garage and the width of the driveway and feels both could be cut back in size. Even then a variance
would be needed. Mr. Grattan takes issue with the cars that Mr. Anderson would be working on and possible leaking fluids. Mr. Lindquist asked for comments from abutters. Those present were:
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 23rd, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Alan Hayward, 60 Ocean Ave. – Mr. Hayward thought that Mr. Anderson should stay in the footprint of the existing house. There is not enough room for a garage because he is surrounded by wetlands. He thought all the Boards should be together on this.
Charles Montgomery, 71 Ocean Ave.- As long as he (Mr. Anderson) obeys the law, he should be able to do what he wants. It will better the neighborhood.
Phil Lindquist read into the record a letter from Audrey Hayward, dated November 22, 2004. (see attached) Craig Nicholson asked Ms. Delaney if there is case law on upgrading and expansion of houses within the wetlands. Ms. Delaney will do some research.
Motion to continue until December 14th at 8:45 PM pending revisions: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
9:15 PM Continued Notice of Intent for the jacking up of a house for construction of a new foundation and the upgrade of the septic system at 51 Ocean Ave., Assessor’s Map 2, Lot 8A for Dean Anderson represented by John W. Delano & Associates, Inc., 220 Hudson St., Halifax, MA 02338 (DEP #175-0457)
Mr. Delano presented a revised plan that showed the 50-foot setback. The construction notes are different. Ms. Delaney reiterated her concerns with the septic line going across the street.
Motion to continue until December 14th at 9:00 PM: Ron Grattan
Second: Craig Nicholson
Vote: 4-0-0
9:45 PM Continued Notice of Intent for the extension of recently approved Deerhill Road including the construction of Fawn Lane creating 10 new residential lots. Also, the installation of all necessary drainage, utilities and site grading for the creation of the new roadways. Map 102, Lots 7 & 18A-4 for A.W. Perry South, Inc., 20 Winthrop St., Boston, MA 02110 represented by Merrill Associates, Inc., 427 Columbia Rd., Hanover, MA 02339. (DEP #175-0452)
Peter Palmieri of Merrill Associates made the presentation. Also attending were Paul and Jay Gallagher of JP Gallagher Construction, Richard Beal of A.W. Perry South and Bob Gray, Wetland Scientist for Sabatia, Inc.. Mr. Palmieri presented a revised plan with changes in the flagging per Dr. Hewitson’s report. Ms. Delaney mentioned that Dr. Hewitson, the independent consultant for the Commission, had comments about the revised plan: Flag 54b should not be connected to 55b. The plan showed additional staked haybales all along the 50-foot buffer. The O & M plan had been addressed per comments from Janine Delaney. Ms. Delaney still has questions about post-construction: The sediment traps should have more detail so the
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 23rd, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Homeowners Association will know how to clean them. Also, apparently there was some clearing in the buffer zone for soil testing 37-feet from the wetland line. Mr. Palmieri said it was a mistake. They will provide replication if requested. Mr. Lindquist commented that we have not heard from Natural Heritage about the turtle sighting. Bob Gray reiterated that they are proposing to investigate the turtle population in the spring when the turtles are coming out of hibernation.
Motion to close the hearing contingent upon approval from Natural Heritage: Craig Nicholson
Second: Sean Chrisman
Vote: 4-0-0
Certificates of Compliance/Orders of Conditions
Certificate of Compliance for 8 Joshua Lane, Lot 11 (DEP #175-319) – signed
Certificate of Compliance for 10 Joshua Lane, Lot 12 (DEP #175-320) – signed
Certificate of Compliance for 4 Joshua Lane, Lot 9 (DEP #175-314) - signed
Certificate of Compliance for 6 Joshua Lane, Lot 10 (DEP #175-315 – signed
Orders of Conditions for the upgrade of a septic system at 61 Ocean Ave., Assessor’s Map 2, Lot 1506 & 1507 for Margaret Kibler DEP #175-0453 - signed
Old Business/New Business
Release of Bonds to Ed Johnson for Joshua Lane – signed
(DEP file #’s 175-314, 175-315, 175-319, 175-320 & 175-316)
Duxbury Clipper/bill – signed
Authorization for Release of Applicant’s Escrow Account for Greenbriar Lane – signed
Agent Report – Building Permit application for 734 East Washington Street – agent will send letter to owner regarding debris in the wetland
Adjournment
There being no further business to discuss, it was decided by all to adjourn the meeting.
Motion to adjourn at 10:30 PM: Ron Grattan
Second: Sean Chrisman
Vote: 4-0-0
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