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Conservation Minutes, February 28, 2006
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 28TH, 2006
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 on the top floor at the Town Hall.

Members Present:           Philip R. Lindquist, Chairman        
  Sean Chrisman, Member
                           David Harris, Member   
                           Ron Grattan, Vice Chairman
Members Absent:    None
Others Present:     Rebecca Nehiley, Secretary
  Janine Delaney, Agent

Approval of Minutes:   
        
Motion to approve Minutes of February 14th, 2006:  Ron Grattan
Second:  Sean Chrisman
Vote:  4-0-0

Public Hearings

7:45 PM Request for Determination of Applicability for the installation of a septic tank, pump chamber, utilities, filling and grading at 75 Big Rock Lane, Assessors Map 64, Lot 1 for William Patton represented by Alan Dias, P.O. Box 314, Monponsett, MA  02350   (New Hearing)

Dave Harris read the Public Hearing Notice and the abutters were verified.  Alan Dias requested a continuation as the plans are being revised.  An overview of the project was explained to the Commission along with the proposed changes.

        Motion to continue the hearing until March 14th at 9 PM:  Dave Harris
        Second:  Sean Chrisman
        Vote:  4-0-0

8:00 PM Request for Determination of Applicability for the installation of a septic tank, pump chamber and related utilities including excavation and backfilling at 384 Indian Head Street, Assessors Map 54, Lot 10A for Suzanne Hill Etau represented by Alan Dias   (New Hearing)

Dave Harris read the Public Hearing Notice and the abutters were verified.  Mr. Dias made the presentation for the proposal of a septic upgrade.  All work is proposed out of the 50-foot no disturb zone except for access to the property which abuts a cranberry bog.  Ms. Delaney inspected and recommended approval as it is an existing driveway, haybales are proposed along the property line and the system has been Board of Health approved.

        Motion to approve and issue a Negative Determination of Applicability:  David Harris
        Second:  Sean Chrisman
        Vote:  4-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 28TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 2


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) – continued per request of applicant to March 14, 2006 at 8:00 PM


8:15 PM  Beals and Thomas, Inc.  Burrage Pond Wetlands Banking Presentation  

John E. Thomas, a Wetland Scientist for Beals & Thomas, Inc. attended the meeting to explain that  his firm is representing the Commonwealth of Massachusetts in conjunction with Bluewave Strategies in response to an EPA Pilot Banking Program.  Wetlands mitigation banking is a relatively new natural resource management concept, which provides for the advanced compensation of unavoidable wetland losses due to development.  After a very lengthy site selection process, it was determined that the Burrage Pond Wildlife Management Area in Hanson met the criteria for creating wetlands for this Program.  They are working with the Division of Fisheries and Wildlife, who own the property to enhance the existing wetlands that are there, manage the hydrology for wildlife habitat and possibly create a vista for bird observation.  The approximately 10 acres were chosen for the program because they were highly degraded and devoid of vegetation. The purpose of this meeting was to inform the Commission of their plans to file a Notice of Intent for the as yet conceptual project. Phil Clemons, Associate Member of the Conservation Commission asked that there be local representation on the Review Team before plans are finalized.


8:30 PM Request for Determination of Applicability for the installation of a septic system within 100 feet of a Bordering Vegetated Wetland at 507 Monponsett St., Map 23, Lot 5 for Super Petroleum represented by Webby Engineering, Inc.  (New Hearing)

David Harris read the Public Hearing Notice and the abutters were verified.  Joe Webby made the presentation for a proposed septic upgrade which had already been approved by the Board of Health.  The wetland line had been delineated by Sharon LePorte.  The system was out of the 50-foot no disturb zone.  Ms. Delaney commented that although the system was an improvement, there has been serious historic fill at the site and if any further expansion is proposed, there would have to be a closer investigation of the wetland line.  Phil read off the abutters list.  Those in attendance were:

William Strautman, 510 Monponsett Street -  Asked if the septic was for existing use only because he had heard rumors of expansion.  Mr. Webby replied yes, it was only for the garage that was there.

Motion to approve and issue a Negative Determination of Applicability with conditions:  Dave Harris
        Second:  Ron Grattan
        Vote:  4-0-0

HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 28TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 3

8:45 PM Notice of Intent for the construction of a single family dwelling with associated septic, driveway and utilities within 100 feet of an isolated wetland at Oak St., Map 70, Lot 2B-1 for Stephan Webby represented by Webby Engineering, Inc. (New Hearing)  (Local Filing #06-01)

David Harris read the Public Hearing Notice and the abutters were verified.  Joe Webby made the presentation.  An Order of Conditions was originally issued in 2001, but there was a title problem and the permit had expired.  On this property, there is an isolated area subject to flooding which is protected under the By-law.  Ms. Delaney had inspected and thought that it was possibly a vernal pool. A discussion ensued with regard to the location of the house being moved away from this isolated wetland.  Also, the area is degraded and has become a dumping ground for tires, furniture, Christmas trees, etc..   In addition, she was unable to confirm the wetland line.  Joe Webby said that he will have Sharon LePorte re-flag the area.  Ms. Delaney also suggested that the haybale line is relocated, the debris is removed and permanent setback markers are installed.  Mr. Lindquist read the abutters list.  Those present were:

Judy Goodwin, 304 Lakeside Road – Commented that a perc test had been done in her yard and was concerned with the property line.
Beverly Craig, 69 Oak Street  - Commented that the previous plan had a swale.  Mr. Webby said they were using the same plan.

        Motion to continue the hearing for a revised plan until March 14th at 9:15 PM:  Dave Harris
        Second:  Ron Grattan
        Vote:  4-0-0

9:15 PM  Continued Request to Amend an Order of Conditions with a revised plan demonstrating a change in the size of the building, associated parking and the redesign of the stormwater basin at 23 Commercial Waye, Map 59, Lots 17-7 & 17-8 for Chris Pongratz represented by Merrill Associates, 427 Columbia Road, Hanover, MA (DEP #175-466)

Dana Attabello and Seth Krueger from Merrill Associates representing Chris Pongratz attended the meeting to address Tom Sexton’s comment letter dated February 28, 2006.  They submitted revised plans and a revised Operation and Maintenance Plan. Ms. Delaney again suggested that they should be using the model O & M Plan devised by Merrill Associates.  She also mentioned that the Stormwater Prevention Plan that was submitted was very good.  Ms. Delaney thought that a lot of Mainstream Engineering’s comments had not been addressed, however, Merrill had done their best to improve on the plan.  Mr. Sexton was not available to attend the meeting to defend and explain detailed comments.

Motion to approve and issue an Amended Order of Conditions pending a revised O & M Plan:  Dave Harris
        Second:  Ron Grattan
        Vote:  4-0-0   

HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 28TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 4

9:30 PM  Appointment with Frank Harbester of 13 West Washington Street (DEP #SE175-394)

In response to a letter written by Ms. Delaney initiated by an Occupancy Permit Application, Mr. Harbester attended the meeting to explain  presumed filling beyond the 50-foot no disturb zone at the above-mentioned property.  Mr. Harbester and the Commission members concurred that historically, there had been a house in that area and was previously filled.  Ms. Delaney will sign the Occupancy Permit.


Orders of Conditions/Certificates of Compliance

Orders of Conditions for the construction of an addition to an existing dwelling and a septic repair at 263 Woodbine Ave., Map 2, Lot 42, 43 for John Barilaro  (DEP #175-0488) –  signed
Negative Determination of Applicability for the construction of a single family house, septic system, driveway, utilities & site grading at 622 Main Street, Assessor’s Map 41, Lot 3 for Thomas Mullen, T & B Realty Trust, 16 Arthur Matthew Drive, Hanover, MA   (DEP #SE175-0490) – signed

Orders Of Conditions for the razing of existing dwelling, construction of new home on same footprint and repair of a septic system that includes the installation of a 2500 gallon tight tank at 81 Ocean Ave., Map 47, Lot 1501 for Barbara Spencer  (DEP #175-0487)  

Kevin Smith attended the meeting to protest special conditions  requiring him to plant a small six and a half-foot buffer zone to mitigate for tree cutting he performed along the shoreline.  He contested that the property had been previously maintained like that and he also wanted to reposition the stones in a better manner.  Mr. Lindquist made the point that the stone wall should be shown on the plan as a point of reference.  Mr. Harris said that he has no problem with a path through the buffer zone for boat access.  A DEP number was still pending.

Motion to continue the issuance of the Order of Conditions pending a revised plan:  Dave Harris
        Second:  Ron Grattan
        Vote:  4-0-0

Request for Certificate of Compliance for 15 South Street, Map, Lot for (DEP #175-80)

        Motion to approve and issue Certificate of Compliance:  Dave Harris
        Second:  Ron Grattan
        Vote:  4-0-0




HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 28TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 5

Discussions

Tag Way (DEP #175-341) - Letter from Attorney Robert L. Marzelli representing Sheila Niksa – Ms. Delaney will write a response letter and refer to the minutes of the previous meeting with Attorney Marzelli and Deborah Brennock.
WHRHS (DEP #175-388)-
Letter from Mary Mahoney, status report - reviewed
Letter from Pierre Monfils, 1034 Franklin Street re:flooding from WHRHS onto his property. - reviewed
Taunton River Watershed Adv. Comm. – Five year action Plan - reviewed
Stonebridge Commons (DEP #SE175-366 & #SE175-396)- Ms. Delaney will write response letter
Environmental Monitor Report
Revised Construction Sequence
“Potential Pests, Possible Solutions” - Plymouth County Cooperative Ext. conference on 3/29/06 - reviewed
ANR’s and Ancient Ways – 3/8/06 Presentation by Alexandra Dawson - reviewed
Protecting Water Resources with Higher-Density Development – reviewed
775 West Washington Street – historic files - reviewed
Lot 5, William Way -reviewed

Conservation Commission Vacancy   

Sean Chrisman submitted a letter of resignation.  The Commission thanked him for his dependability and steadfast service to the Town of Hanson over the past few years.

Mr. Lindquist read a prepared Press Release into the record and made another plea to television viewers that the Commission was in dire need of new members.  
 
 
Adjournment

        Motion to adjourn at 9:45 PM:  Sean Chrisman
Second:  David Harris
Vote:  4-0-0