HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 14TH, 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
Craig Nicholson, Clerk
Sean Chrisman, Member
Members Absent: 0
Others Present: Janine Delaney, Interim Agent
Rebecca Nehiley, Secretary
Minutes
Minutes of November 23, 2004 were postponed until next meeting.
Appointment
7:30 PM Appointment with Mr. & Mrs. Gomes regarding 131 Whitman St. (DEP #175-417)
Mr. & Mrs. James Gomes of 145 Whitman Street explained to the Commission that their neighbor’s, the Arena’s had planted very small shrubs (less than 1 ½ foot high) along their new driveway as a buffer to the Gome’s yard. (see minutes of June 22, 2004) They are requesting that the Arena’s plant bigger shrubs because it is a hardship for the Gomes to sell their property with virtually no buffer to the new driveway. Barbara Arena attended also and explained that they had planted twelve arbovatae along the property line. Mr. Lindquist asked Mrs. Arena if they could plant something bigger as the plants did not constitute a barrier. Mrs. Arena did not want to pre-agree to anything. Mr. Lindquist suggested that the Commission make a site visit and
write a letter of recommendation.
Public Hearings
7:45 PM Request to Amend an Order of Conditions to reduce the scope of work shown on the approved plans at Silverleaf Landscape Design, 800 Franklin St., Assessor’s Map 67, Lot 6A-1 for Merrill Associates, Inc., 427 Columbia Rd., Hanover for potential purchaser of the property, Dale Southworth. (DEP #175-289)
Craig read the Public Hearing Notice and the abutters were verified. Joshua Bows of Merrill Associates made the presentation for a new site plan that reduces the scope of the work that was originally proposed. The plan for the original Orders of Conditions shows a building that is bigger than what was ultimately built and a stone parking lot and driveway. The new plan proposes to maintain the size of the existing building, pave the parking lot and driveway, maintain the existing septic, eliminate an old entrance and utilize the existing entrance. Phil Lindquist read off the abutters list. Those present were:
HANSON CONSERVATION COMMISSION
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HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Jeanette Siltanen, 818 Franklin Street – The plan is more acceptable. She is happy with the change.
Ms. Delaney had prepared comments after having reviewed the old file and conducted a site visit: It looked as if there had been alteration in the 50-foot buffer zone. Stumps as well as tree trunks look to have been buried. Some wetland flags were missing. The site is in a Local Aquifer Protection Area. There had been enforcement issues previously as well as Zoning issues. The Extension Permit for the Order of Conditions had not been recorded. Mr. Dale Southworth, potential purchaser of the property explained that the Zoning issues had been approved. He is going to open a mail-order jewelry distribution center with very light manufacturing. He also intends to finish the Detention basin that was originally proposed.
Motion to continue the hearing until January 11th at 8:45 PM pending receipt of a valid Extension Permit, a site visit and re-flagging of the wetland: Ron Grattan
Second: Craig Nicholson
Vote: 4-0-0
8:00 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)
Bob Crowell from Land Planning submitted a revised plan showing plantings of shrubs and trees along the driveway and 50-foot buffer zone in LOT 1 to mitigate for the encroachment of the driveway for LOT 2 into the 50-foot buffer zone. Ms. Delaney reiterated that this proposal can’t meet the required setbacks and this should remain one lot because of the 50-foot no-build zone. Mr. Lindquist read the request for variance into the record and inquired what the hardship was for purposes of determining the request. Mr. Chrisman suggested that Mr. Lewis talk to his neighbor to see if he was willing to sell him a portion of his land so that possibly the driveway could be moved out of the buffer.
Motion to continue hearing until January 11th at 9:00 PM: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
8:15 PM Continued 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 #175-0456)
Bob Crowell presented a revised plan showing the placement of haybales along the 50-foot buffer zone representing the limit of work. All construction debris will be taken and disposed of offsite.
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MINUTES OF THE PUBLIC MEETING OF DECEMBER 14TH, 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: Ron Grattan
Second: Sean Chrisman
Vote: 4-0-0
*Ms. Delaney will specify in the Conditions that all the junk that is currently in the wetlands shall be removed by hand.
8:30 PM Continued 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 Nancy Rogers
Craig Nicholson read the Public Hearing Notice and the abutters were verified. Nancy Rogers presented a plan to install a shed and a swing-set, clean up some dead trees and branches in the backyard by hand and possibly install a built-in pool. The pool would be 25-feet off the house and 50-feet from the Bordering Vegetated Wetland. Ms. Delaney mentioned that there could be a setback from the well. The Rogers decided to request approval for an above-ground pool as the installation of a built in pool might put them into the 50-foot no build zone because of the steep grade in the backyard. If they did eventually decide to install an in-ground they understand that they would be required to file a Notice of Intent.
Motion to approve and issue a Negative 3 Determination for the installation of a shed and swing-set, the clearing of trees and brush by hand and the installation of an above-ground pool: Sean Chrisman
Second: Ron Grattan
Vote: 4-0-0
8:45 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 02338 (DEP #175-0454)
Mr. Delano presented a revised plan showing a reduction in the size of the garage and the width of the driveway. The green areas on the plan represent the proposed mitigation area to compensate for some of the existing encroachments. Ms. Delaney asked about the permanent setback markers that were requested to mark the wetland line in perpetuity. Mr. Delano answered that they are designated in the construction notes. Mr. Delano suggested that if approved, it shall be a condition that the owners of the abutting properties are notified of the mitigation area, a portion of which is on their property. Documentation of their approval shall be required. Mr. Grattan suggested the condition that there shall be removal of all junk out of the wetlands. If the house is razed, the
entire lot must be cleared of debris offsite and that Mr. Anderson starts from scratch before construction begins. Mr. Lindquist asked if there was a variance request and if so, what was the justification for the waiver from the setbacks of the
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50-foot buffer zone. Mr. Delano answered that this was a pre-existing lot that was already filled historically before Mr. Anderson bought it and this was an attempt to try to improve the area. In addition, Mr. Anderson was offering a mitigation plan for the damage already done to the area. The letter for the variance had not been submitted, but Mr. Delano will write something up and turn it in.
Motion to grant waiver to allow work in the 50-foot no disturb zone as shown on the plan with revised date of December 14, 2004: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
Mr. Delano read the construction notes from the plan. Mr. Nicholson voiced concern that the neighbors would have to suffer if the duration of this project drags on too long. He would like a condition met that the debris be removed in a timely manner before the construction starts. Mr. Anderson indicated that he would not drag his feet. He’s ready to go and will have all the debris out of the wetland in three weeks and stored off site.
Motion to approve the NOI and issue an Order of Conditions with special conditions as discussed: Craig Nicholson
Second: Ron Grattan
Vote: 3-1-0 (Sean Chrisman opposed)
Allen Hayward, an abutter at 60 Ocean Ave. asked if Mr. Anderson gets the junk out of the wetlands, he is allowed to build a house is that is over-sized for the lot? Audrey Hayward of 60 Ocean Ave. asked about the grandfather act, which states that if you want to replace something, you have to stay on the original footprint of the house. She believes that this decision will set a precedent for oversized houses and that Mr. Anderson has violated every wetland Law. Mr. Lindquist reiterated that the size of the house is up to the Appeals Board. Mr. Grattan commented that this should be an improvement to the area. Mrs. Hayward asked if there was an appeal process. Ms. Delaney explained the process to her.
9:00 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 the same revised plan for 51 Ocean Ave.. There is no change except for the house across the street at 62 Ocean Ave.. There are no major issues. They are asking for a waiver because the installation of the septic will be in the 50-foot buffer zone. Again, Mr. Delano will submit a variance request letter.
*continued on next page
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MINUTES OF THE PUBLIC MEETING OF DECEMBER 14TH, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Motion to grant a waiver to allow work in the 50-foot no–disturb zone: Sean Chrisman
Second: Craig Nicholson
Vote: 4-0-0
Motion to approve the NOI with an Order of Conditions: Ron Grattan
Second: Sean Chrisman
Vote: 4-0-0
9:30 PM Abbreviated Notice of Resource Area Delineation for Don Ellis, Elko Construction, P.O. Box 485, Hanson, MA 02341 for a determination of the accuracy of a wetland delineation at Elm Street & Nina Drive, Assessor’s Map 27, Lots 3 and 4-6 in Hanson, MA. (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutters were verified. Al Vautrinot, Bob Woodward and Don Ellis attended. Mr. Vautrinot presented the revised plan per changes made by Dr. Walter Hewitson, independent consultant for the Commission. Ms. Delaney suggested that Dr. Hewitson should have a chance to review the changes on the plan.
Motion to approve the ANRAD subject to review of revised plan by Dr. Walter Hewitson: Craig Nicholson
Second: Sean Chrisman
Vote: 4-0-0
Certificates of Compliance/Orders of Conditions
Orders of Conditions for 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, P.O. Box 81, Snug Harbor Station, Duxbury, MA 02331 (Local Filing #04-02) – Signed
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 (DEP #175-0452)
Motion to approve NOI with an Order of Conditions provided that work shall not commence until Natural Heritage is satisfied with a wildlife habitat evaluation and all conditions cited in their letter of December 10, 2004 are met: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
Certificate of Compliance for N.E. Architectural Builders, 124 Main St., Carver MA for the property at Elm Street, Lot 1-9 also known as 482 Elm St. (DEP #175-403) – signed
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MINUTES OF THE PUBLIC MEETING OF DECEMBER 14TH, 2004
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
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Discussions
Bob Crowell interjected to give a verbal approval to extend the hearing for 684 Pleasant Street (LOT 2) until January 11, 2005.
7 Joshua Lane – send letter that was drafted by agent, file after-the-fact NOI
165 Forest Trail (recent RDA for septic) – agent reported that upon site inspection, it was observed that an above ground pool had blown out accidentally. It should be watched over time and sediments should be removed from the haybales.
705 Whitman Street (recent filing for septic) DEP #175-0448 – agent reported that everything was okay.
2 Arthur Ave. (recent filing for septic) DEP #175-0451 – agent reported that owner started work before a haybale inspection. They may have to dewater and show changes on the plan
Old Business/New Business
P.M.P. Associates, bill for consulting work at Brookside Estates, Phase II – signed
FY 2006 Budget - reviewed
Agent’s hours & mileage – signed
Memo from Meredith Marini – reviewed
Letter regarding Interim Agent - reviewed
Letter from DEP regarding Rollercoaster Road – agent will make a site visit
Adjournment
There being no further business to discuss, it was decided by all to adjourn the meeting.
Motion to adjourn at 10:20 PM: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
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