HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 26th, 2005
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 on the top floor of the Town Hall.
Members Present: Philip R. Lindquist, Chairman
Ron Grattan, Vice Chairman
Craig Nicholson, Clerk
Sean Chrisman, Member
Members Absent: David Harris, Member
Others Present: Janine Delaney, Interim Agent
Rebecca Nehiley, Secretary
Approval of Minutes:
Motion to accept minutes of April 12th, 2005: Craig Nicholson
Second: Ron Grattan
Vote: 3-0-1 (Sean Chrisman abstaining)
Public Hearings
7:30 PM Meeting with Daniel Godwin, 81 Main Street to address a Cease and Desist for construction of a deck and fence. (DEP #175-363)
In response to a Cease & Desist order, Mr. Godwin came to the meeting accompanied by his builder Mark Comeau and explained that the deck was required as a second means of egress. Ms. Delaney mentioned that when the Certificate of Compliance was issued last year, the footings were in and that the deck did not encroach into the 50-foot no-build zone. However, the fence was deemed un-acceptable because the original Order of Conditions specified the area along the driveway to remain protected in perpetuity from construction of any kind. Also, concrete markers, alternated with hemlock trees were to be planted along the 50-foot buffer as a permanent barrier to the wetland on the east side of the property.
Motion to lift the Cease & Desist and to note the Order of Conditions in the ensuing Enforcement Order and to remove fence and install posts & hemlocks: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
7:45 PM Request for Determination of Applicability for the repair of a septic system at 54 Maquan St., Pembroke with the leaching field being in Hanson. Location: Pembroke Assessor’s Map A8, Lot 58 and Hanson Assessor’s Map 60, Lot 3F for Frank Costa, owner represented by Land Planning, Inc., 1115 Main St., Hanson, MA (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutter’s list was verified. Mr. Bernard Munro of Land Planning presented plans for a septic system that is out of the 100’ buffer zone
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 26th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 2
except for one area that connects the pump chamber to the system. Ms. Delaney recommended a Negative 3 Determination with Conditions.
Motion to accept and issue a Negative Determination of Applicability: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
8:00 PM Notice of Intent to raze an existing house, construction of a new house, grading and landscaping of disturbed areas at 240 Maquan St., Assessor’s Map 71, Lot 19B for Alan & Suzanne Osgood, owners represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #175-0462) (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutters list was verified. Mr. Munro presented plans for a house that is to be razed and a new, single-family house built on the same footprint. It will be a slab foundation with new footings and no basement. Ms. Delaney, noting that this is a non-conforming lot, asked if there were any restrictions relating to a conservation standpoint. Mr. Munro answered that the plan did not violate any zoning laws and because of Board of Health rules, the number of bedrooms (2) cannot increase. However, as Mr. Lindquist pointed out, the size of the footprint increased by 3’ to the side and to the front of the house and 1/2’ towards the pond. Therefore, the applicant has to make a Request for Variance for the additional 3’
into the buffer zone because of the increase in size of the footprint. Also, the by-law fee has to be paid as well as buffer-zone/wetland disturbance fees. Additionally, Ms. Delaney would like the plan revised with language regarding an “isolated land not subject to flooding” removed.
Motion to continue the hearing until May 10th at 7:45 PM: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
8:15 PM Abbreviated Notice of Resource Area Delineation to confirm a wetland delineation at 1460 Main St., Assessor’s Map 44, Lots 5F & 7C for Jack Van Aiken, Great Cedar Condominiums, LLC, Brick Kiln Place, Suite 105, 31 Schooset St., Pembroke, MA represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #175-0461) (New Hearing)
Craig Nicholson read the Public Hearing Notice and the abutters list was verified. Mr. Munro made the presentation. Sharon LePorte of Lady Slipper Woods made the wetland delineation.
Ms. Delaney had walked this site with the owner, Mr. Rasch a few months back because it had been a Chapter 61A property. Ms. Delaney deemed all but 2 of the wetland flags as accurate: #7, which was about 8’ off of a potential vernal pool (egg masses were verified by the agent) and #61 which was off a bit. Ms. Delaney suggested that the plan be corrected and the vernal pools certified.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 26th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 3
Motion to approve and issue an Order of resource Area Delineation pending receipt of a new plan and certifications of Vernal Pools: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
Appointments
8:30 PM Appointment with Dennis O’Connell of 101 Main Street
Mr. O’Connell came in to inquire about the Cease & Desist issued to his neighbor at 81 Main Street and any action the Board had taken. He was advised of the decision the Commission had made regarding the deck and fence.
Determinations of Applicability/Certificates of Compliance
Negative 3 Determination of Applicability that the boundaries of resource areas depicted on the plan are accurately delineated for rights-of-way management (vegetation control) along the Massachusetts Bay Commuter Railroad for TEC Associates, 46 Sawyer Street, South Portland, ME 04106 - signed
Negative 3 Determination of Applicability for the repair of a sanitary system at 54 Whitman St., Assessors Map 106, Lot 6B-1 for Albert Forrand – signed
Certificate of Compliance for 63 Independence Ave. Map 73, Lot 4A-3 (Local 99-5)
Motion to deny Certificate of Compliance because of debris & silt in the wetlands and
three hemlock trees are dead and need to be replaced: Craig Nicholson
Second: Sean Chrisman
Vote: 4-0-0
Request for Certificate of Compliance for 16 R School Street (DEP #175-304)
Motion to deny Certificate of Compliance pending receipt of a new plan showing
erosion control method for slope: Craig Nicholson
Second: Ron Grattan
Vote: 4-0-0
Request for Certificate of Compliance for 282 King Street (DEP #175-49) – Agent will inspect
Request for Certificate of Compliance for 5 Joshua Lane (DEP #175-317) - Agent will inspect
Adjournment
Motion to adjourn at 9:35 PM: Craig Nicholson
Second: Ron Grattan Vote: 4-0-0
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