HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 22nd, 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 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
Others Present: Rebecca Nehiley, Secretary
Janine Delaney, Agent
Approval of Minutes:
Motion to approve Minutes of November 8th, 2005: Phil Lindquist
Second: David Harris
Vote: 3-0-0
Appointments
7:30 PM Appointment with Steve Nicoletta, owner of 61 Ocean Avenue. Ms. Delaney had observed that Mr. Nicoletta had been dewatering into the pond and that the floor plan for the proposed house had changed. Mr. Nicoletta explained that the plan the Commission had originally approved did not show an accurate foundation. Also, the hole for his foundation is lower than the bank of the lake, so he has installed sump pumps to pump out the ground water. Ms. Delaney suggested that he should acquire a discharge permit or at the least install haybales, filter bags or crushed stone at the edge of the bank to remove remaining sediments. In addition, the Commission required that he submit a statement and a detailed foundation plan. Ms. Delaney and member(s) of the Commission
will inspect after haybales/crushed stone are in. (DEP #175-0453)
Public Hearings
7:45 PM Notice of Intent for the proposed construction of a 20’ x 40’ addition and deck at 145 Gorwin Drive, Assessors Map 81, Lot 251 for Aurora Perez represented by Tyler Nims, P.E., 256 School Street, Pembroke, MA (DEP #175-0481) (New Hearing)
Dave Harris read the public hearing notice and the abutters were verified. Tyler Nims presented a revised plan with a proposed area of mitigation. The wetland was delineated by Mr. Nims and is basically at the edge of lawn. The applicant is asking for a variance from the 50-foot no build zone, the closest point being 37’ from the foundation. Ms. Delaney noted that over the years, the wetland had been filled with landscape debris and asked the applicant to refrain from doing so in
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 22nd, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 2
the future. Ms. Delaney pointed out the Rosa Multiflora, a proposed mitigation planting, is an invasive species. It should be substituted with an alternative.
Motion to approve variance from the 50-foot no build zone with mitigation: Sean Chrisman
Second: Dave Harris
Vote: 3-0-0
Motion to approve NOI with an Order of Conditions pending the receipt of a revised plan: Sean Chrisman
Second: David Harris
Vote: 3-0-0
8:00 PM Notice of Intent for the proposed construction of a garage addition to a single family house and expansion of driveway within 100 feet of a bordering vegetated wetland and the Riverfront Area of Indian Head Brook at 265 Indian Head St., Assessors Map 47, Lot 7A for Susan Mills represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #175 -___) (New Hearing)
Dave Harris read the public hearing notice and the abutters were verified. Bob Crowell of Land Planning made the presentation of a proposal for a 2-car attached garage to an existing house. The work falls within the 50-foot buffer zone and within the 100-foot riparian zone. Ms. Delaney had conferred with the DEP who advised that it may be looked at as a Re-development project. However, the project must be spelled out in a narrative that answers to all standards of the Riverfront regulations and a more substantial replication plan must be designed by a licensed botanist before consideration of the project can commence.
Motion to continue to December 6th at 8:15 PM pending receipt of a narrative and a replication plan at least one week prior to meeting: Dave Harris
Second: Sean Chrisman
Vote: 3-0-0
8:15 PM Continued Request to Amend an Order of Conditions to allow a modification to relocate garages at 255 Rear Liberty Street, Assessors Map 82, Lot 6-1 for Dennis Leary, Trustee for Hudson Park Associates, N.T., 2 Columbia Rd., Pembroke, MA 02359 (DEP #175-0433)
Mr. Leary provided spot elevations for Mr. Guidaboni’s property as requested from the last meeting. However, the elevations were shown on a separate plan. Mr. Leary also explained that there was a low spot in the driveway and requested permission to install an equalizer pipe. Ms. Delaney advised the Commission that the DEP had said that projects of similar size have been required to meet Stormwater Management Policy. Mr. Lindquist asked for comments from abutters:
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 22nd, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 3
Peter Guidaboni, 255 Liberty Street: Mr. Guidaboni did not agree with the elevations of his property and the benchmark data. Mr. Leary countered he used a professional land surveyor and the benchmark has been on every plan from the beginning.
Attorney Joseph Coppola representing Mr. Guidaboni reiterated that at the previous meeting, the Commission had asked for stormwater calculations and that an Operation and Maintenance Plan should be referenced in the Order of Conditions.
Mr. Lindquist summarized the hearing by requiring Mr. Leary to submit calculations for a 10-year storm, that the spot elevations are shown on the plan, the gutters are shown on the plan as well as the equalizer pipe for the driveway. Also, an O & M plan that includes maintenance of the swale and a snowplow arrangement through a Homeowners Association shall be submitted.
Motion to continue until January 10th at 8 PM: Sean Chrisman
Second: Dave Harris
Vote: 3-0-0
8:30 PM Continued Notice of Intent for a revised proposal for the construction of eight (8) single-bedroom condominium units with parking and septic within 100 feet of a bordering vegetated wetland at 1139 Main St., Assessor’s Map 43, Lots 36A & B and 36. A portion of the construction falls within the 100-foot inner riparian zone. Proposal includes clean up of existing construction debris and soils on Lot 36. Applicant: Demco Enterprises, Inc., 31 Perkins Street, Bridgewater, MA 02324 represented by Land Planning, Inc.. (DEP #175-0460)
A plan was not submitted prior to the meeting as required, therefore, this hearing was postponed until January 10, 2005 at 8:30 PM so that the Commission has time to review a revised plan. Mr. Phil Clemons, an abutter was present and informed that the hearing was continued.
Orders of Conditions
Order of Conditions for the construction of an addition, deck, driveway and associated site work within 100-feet of a Bordering Vegetated Wetland at 122 Old Pine Drive, Assessors Map 113, Lot 14-21 for Daniel A. Salvucci (DEP #175-0480) –signed
Certificates of Compliance
Request for a Certificate of Compliance for 2 Main Street, Assessors Map 38, Lot 5 for V.S.H. Realty/Cumberland Farms (DEP #175-438)
Ms. Delaney had inspected, slopes are not stable and other issues must be resolved.
Motion to deny: Dave Harris
Second: Sean Chrisman Vote: 3-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 22nd, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 4
Request for Certificate of Compliance for John E. Muha, 17 Tag Way, Map 110, Lot 23 (DEP #175-382)
Motion to approve and issue Certificate of Compliance: Sean Chrisman
Second: Dave Harris
Vote: 3-0-0
Discussions
Request to review a Revised Plan for a modification to the driveway and grading for septic at 3R Lot B in Subdivision Plan, Elm Street, (DEP #175-428)
Motion to accept revised plan as Plan of Record: Dave Harris
Second: Sean Chrisman
Vote: 3-0-0
WHRSD/letter to Agostino Construction from Project Manager re: drainage systems and erosion control and letter to design engineer – Dave Harris had inspected and observed u-shaped basin. The silt fence had been removed and basin was flowing better. Janine had taken pictures after rainstorm. Much water flowing from site.
The following discussion items were reviewed without comment:
Letter of Resignation from Craig Nicholson
62 Ocean Ave., Map 2, Lot 1518 (DEP #175-0454) – complaints of stockpiling in wetlands
DEP News/Former Fireworks Complex – see flyer
Annual Town Report – due on December 23rd
Dunham Farms update
1125 Main Street , (DEP #175-0474) – agent report
Tag Way, (SE175-341)/letter from attorney – review
Stonebridge Commons (SE175-396 and SE175-366) – Violations of OOC and Superceding OOC, siltation of stream
Ms. Delaney suggested that a Cease and Desist/Enforcement Order be issued until such time as erosion control is installed properly and inspected as per the construction sequence approved by the DEP. Also, trees had been cut down beyond that allowed and a replication plan should be submitted as well. Mr. Harris made the suggestion that in the future, fines should be levied for blatant violations of the Order of Conditions.
Motion to issue a Cease and Desist and Enforcement Orders for both relevant Orders of Conditions: Sean Chrisman
Second: Dave Harris Vote: 3-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 22nd, 2005
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 5
Appointments
8:45 PM Appointment with Bob Gosselin of Goscon, Inc. to discuss the ongoing conditions at Litchfield Lane and Proudfoot Way – cancelled by applicant
The owners of the four properties in question attended the meeting as they were notified. They voiced their frustration with the developer over ongoing conditions such as an unfinished driveway, un-installed permanent setback markers, the remaining haybales and silt fence and the detention basin. Ms. Delaney said that if the road is to be accepted by the town, these issues must be resolved. Mr. Lindquist advised the owners to go through the planning board where the detention basin issue will be rectified.
Old Business/New Business
Harry B. Harding & Son., Inc./bill – signed
Adjournment
Motion to adjourn at 10:20 PM: Sean Chrisman
Second: David Harris
Vote: 3-0-0
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