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Conservation Minutes, June 14, 2005
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA


Called to Order at 7:30 PM under 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 at the Town Hall.

Members Present:           Philip R. Lindquist, Chairman
                           Sean Chrisman, Member
                           David Harris, Member
Members Absent:    Ron Grattan, Vice Chairman                      
                           Craig Nicholson, Clerk
Others Present:            Janine Delaney, Interim Agent
  Rebecca Nehiley, Secretary


Approval of Minutes:   

A vote on the minutes of May 24th, 2005 was postponed until the June 28, 2005 meeting.


Public Hearings

7:45 PM  Notice of Intent for the construction of an above-ground swimming pool at 4 Joshua Lane, Assessor’s Map 37, Lot 1-15 for Donna Terrell  (New Hearing)  (DEP #SE175-0467)

David Harris read the Public Hearing Notice and the abutter notification was verified.  The plan for the pool encroaches into the 50-foot no-build zone.  A small stream that runs off of a retention basin abuts the property line.  The Commission requested a more accurate plan and a Request for Variance.

        Motion to continue until June 28th at 9 PM:  Sean Chrisman
        Second:  Dave Harris
        Vote:  3-0-0

8:00 PM Request for Determination of Applicability for the repair of a septic system at 207 Lakeside Road, Assessor’s Map 79, Lot 17 for Donald Sampson, 392 Keene St., Duxbury, MA represented by Tyler Nims, P.E., 256 School St., Pembroke, MA  02359   (New Hearing)

David Harris read the Public Hearing Notice and the abutter notification was verified.  Mr. Nims presented revised plans.  The proposal calls for a 1,500 gallon septic tank with a pump chamber.  It was also proposed to connect to the water main.  The construction falls within 100 feet of a cranberry bog.  Ms. Delaney was unable to confirm the offsite wetland line.  A visual inspection confirmed that the line on the plan is in close proximity.  

        Motion to approve and issue a Neg. 3 Determination with conditions:  Sean Chrisman
        Second:  David Harris           Vote:  3-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 2

8:15 PM Continued Notice of Intent for the construction of a 17,000 sq. ft. office/warehouse with associated site access, grading and utilities on the existing vacant lot at Industrial Blvd., Map 59, Lots 17-7 and 17-8 for Jack McGrail, J & G Mgmt., LLC, 162 Industrial Blvd. represented by Coneco Engineers & Scientists, 4 First St., Bridgewater, MA  02324  (DEP #SE175-0466)   

Jack McGrail represented by Joe Harnois of Coneco Engineers & Scientists attended.  Mr. Harnois proceeded to answer to a report by the Commission’s review engineer, item by item.  Since the report was quite lengthy, the Commission advised Mr. Harnois that Ms. Delaney shall read the comments from Mainstream Engineering and his reply to discuss further at the next meeting.

        Motion to continue pending review:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0


8:30 PM Continued Abbreviated Notice of Resource Area Delineation to determine the accuracy of a wetland delineation at Independence Avenue, Map 74, Lot 4A-12 for Roy Vinton, S & V Realty Trust, P.O. Box 308, Bryantville, MA represented by SITEC, Inc., 12 Welby Rd. New Bedford, MA  (DEP #SE175-0465)   

Chris Capone of SITEC attended with Mr. Vinton.  Dr. Walter Hewitson had reviewed the revised plan of May 24, 2005 and approved the revisions to the flagging.  

        Motion to approve the delineation and issue a Determination:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0  

8:45 PM  Wetlands/Waterways Request for Determination of Applicability for maintenance of an existing deck and wall at 277 Lakeside Rd., Map 79, Lot 6 for Patrick Sherwood, owner   (Transmittal #W063523)  (New Hearing)

David Harris read the Public Hearing Notice and the abutter notification was verified.  A Mr. Patrick Sherwood had the intent to re-register the dock permit in his name because there had been a transfer in ownership.  At the same time, he wanted to let the Commission know of his intent to shore up a collapsing rock wall that leans into the lake with fieldstone.  The wall is about 60-feet long and 2-feet high.  No heavy equipment shall be used, the work will be done by hand.  
Mr. Lindquist read the abutters list.  Those present were:

John Garceau of 279 Lakeside Road:  The retaining wall had been there since the 1950’s or early 60’s.  He has a similar wall made of stone that prevents erosion.  He can see the merit of what Mr. Sherwood is doing and wholeheartedly supports him.

HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 3

Gail Joyce of 276 Lakeside Road:  She has lived there for years.  She knew the people that lived there before and confirmed that her son built the existing dock.   The replacement of the retaining wall is similar to everything down there.  Mr. Sherwood is just trying to do everything the right way.

Ms. Delaney had reservations about the plan and the paperwork, as did Mr. Chrisman;  work in a resource area requires a permit and the plan does not meet the Conservation Commission’s requirements.  Mr. Lindquist asked Mr. Sherwood to draw on the plan that showed his design of the wall.  

        Motion to approve and issue a Negative Determination under Chapter 91 for repairs to
the wall according to the sketch and installation of the dock per plan of 9/26/95 titled Barbara Rosen:  David Harris
        Second:  Sean Chrisman
        Vote:  3-0-0


9:00 PM  Notice of Intent for the installation of an in-ground swimming pool at 25 Commons Lane, Assessor’s Map 107, Lot 5-14A for Edward Tyler, owner (DEP #SE175-0468)  (New Hearing)

Mr. Harris opened the hearing and the abutter notification was verified.  Mr. Tyler made a presentation with a plan that showed the setbacks from the house and deck as well as from the property lines.  Ms. Delaney pointed out that the wetland line on the plan was ten years old and if the 50-foot setback regulation was in place when the house was built, the pool should not be allowed. Mr. Tyler confirmed that the house was built in 1995.   According to Ms. Nehiley, there was some confusion as to when the regulation was enacted.   Ms. Delaney wants it noted in the Order of Conditions that the offsite wetland at the edge of lawn is not confirmed.   

        Motion to approve variance to work within the 50-foot buffer zone:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0

Motion to approve the NOI pending an Order of Conditions with additional special conditions that the wetland line/buffer zone shown on the plan is not accurate, blueberry bushes shall be planted along the property line as mitigation for buffer zone disturbance and haybales and a silt fence shall be installed along the limit of work:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0




HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 4


Appointments

9:15 PM  Appointment with Mark Ridder to review a revised plan of Stonebridge Commons  (DEP #175-396)

Mark Ridder appeared before the Commission with his Project Manager, John Barrows of Marchionda & Assoc., LP.  His intent was to inform the Commission that minor changes to the plan had occurred and to inquire whether the changes could be incorporated by the acceptance of the new plan by vote of the Commission and duly noted in the Order of Conditions.  The changes included revised architecture to the condominiums and a reduction in the size of the clubhouse.    The proposed changes equated to slightly less disturbance within the buffer zone than before.  Ms. Delaney mentioned that the letter from Samiotes Consultants, Inc. should have included the exact dates of the plans that were being discussed.  Mark Ridder agreed and said the letter will be revised to include that language.  The previous plan was dated May 12, 2003.

Motion to approve the revised plan dated May 4, 2005 as per letter of June 13, 2005 without a formal Request to Amend the Order of Conditions subject to receipt of a revised letter from the engineer referencing the appropriate dates of the plans:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0


Certificates of Compliance

5 Joshua Lane, Assessor’s Map 37, Lot 1-1P (Lot 14)  (DEP #175-317)

Motion to issue a Certificate of Compliance with on-going conditions that protect the Riverfront Area in perpetuity:  Sean Chrisman
        Second:  David Harris
        Vote:  3-0-0

51 Mattakeesett Street, Map , Lot (DEP #175-324)continued
51 Mattakeesett Street, Map , Lot (DEP #175-198)continued


New Business

Enforcement Order for 81 Main St. – continued  (DEP #175-363)
Restoration Plan for Lot 5, Ransom Road – continued  (DEP#175-432)


HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14th, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 5


Rain Barrel Program  - continued
Letter from DEP re:  Superseding Order of Conditions for Deerhill Road extension  (DEP #175-452) – Ms. Nehiley will call DEP for clarification of letter/Order
999 Main Street - continued
Bill for consulting services at Independence Ave. – signed



Adjournment

Motion to adjourn at 10:35 PM :  Sean Chrisman
Second:  David Harris        
Vote:  3-0-0