HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 11TH, 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
Ron Grattan, Vice Chairman
David Harris, Member
Frank Schellenger, New Member
John Kemmett, New Member
Members Absent: 0
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of March 14, 2006: Dave Harris
Second: Ron Grattan .
Vote: 4-0-1 (John Kemmett abstaining)
Motion to approve minutes of March 28, 2006: Dave Harris
Second: Ron Grattan
Vote: 4-0-1 (John Kemmett abstaining)
Public Hearings
7:45 PM Notice of Intent for the construction of two residential condominium buildings, septic system, driveway, utilities, site grading and landscaping of disturbed areas. Work for construction of one building is within the buffer zone of a Bordering Vegetated Wetland at Lot 3, Great Cedar Drive, Assessors Map 44, Portion of Lots 5F & 7C for Jack Van Aiken represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #SE175-0496) (New Hearing)
8:00 PM Notice of Intent for the construction of two residential condominium buildings, septic driveway, utilities, site grading and landscaping of disturbed areas in the buffer zone of the Bordering Vegetated Wetland at Lot 4, Great Cedar Drive, Assessors Map 44, Portion of Lots 5F & 7C for Jack Van Aiken represented by Land Planning, Inc. (DEP #SE175-0497) (New Hearing)
Dave Harris read the public hearing notice and the abutters were verified. The meetings for both hearings started at 8PM. Bernie Munro made the presentation. The wetland line had been confirmed through an Abbreviated Notice of Resource Area Delineation (ANRAD). There were a couple of isolated wetland pockets. A portion of the building on Lot 3 was within the 100-foot setback. The drainage calculations depicted a full build-out and were ZBA approved through a consultant review. Ms. Delaney inquired whether the access easement on Lot 4 to the Conservation Parcel that abuts the property was shown on the plan. Mr. Munro said yes, that passage had been granted.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 11TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 2
Ms. Delaney also suggested that permanent setback markers are placed at the 50-foot no-build setback to demarcate the limit of work before construction begins. Mr. Schellenger noticed that the building on Lot 3 was only 4 feet from the 50-foot setback and wondered how they would get around during construction without violating the by-law. Jack Van Aiken, applicant suggested that they could use sheet pilings as a barrier. Mr. John Delano, the review engineer, confirmed that the calculations were reviewed and approved for the Planning Board and that the drainage was adequate for the additional structures and parking. Mr. Lindquist read the abutters’ list. None were present.
Motion to approve the Notices of Intent for Lots 3 & 4 and issue Order of Conditions: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
8:15 PM Continued Notice of Intent for construction of a single family home, driveway and utilities as well as a proposed wetland crossing at 30 Holmes Street, Map 75, Lot 5-1 for Anthony Kolacz represented by Kenneth Thompson, 134 Spring St., Rockland MA (DEP #175-0495) – continued to April 25, 2006 at 8 PM per request of engineer
Motion to continue: Dave Harris Second: Ron Grattan Vote: 5-0-0
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) – continued to April 25, 2006 at 8:15 PM per request of applicant
Motion to continue: Dave Harris Second: Ron Grattan Vote: 5-0-0
Appointments
8:15 PM Appointment with Mike Casey, 99 Ransom Rd., Lot 5 (DEP #175-432)
Mr. Casey came to the meeting. Ms. Delaney gave the Commission an over-view of his situation for the benefit of the new members. Mr. Casey was issued a permit in 2004 for construction of a single-family house. The previous owner of the lot, Jon Ridder had been issued an Enforcement Order in April 2002. The Commission had been aware of wetland fill on both Mr. Casey’s and Mr. Ridder’s adjacent property. Mr. Casey’s permit required a restoration plan with his permit to compensate for the loss of wetlands. DEP received a copy of the restoration plan which was reviewed. If Mr. Casey does his part, an isolated wetland will be created at best. Mr. Ridder has done significantly more damage by turning an old cart path into a road. DEP is not yet
clear on whether this is a permissible agricultural activity.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 11TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 3
Mr. Casey is now selling the house and wanted to know if he could be released from the restoration plan. The Commission decided that he was still required to abide by it, however, a portion of his bond money shall be released to help defray the cost. Mr. Lindquist suggested that the Commission contact Mr. Ridder about the alleged agricultural activity.
Motion to accept the buffer zone restoration plan of 5/10/05 with species to be selected by agent: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
Motion to release ½ of Bond money to Mr. Casey ($750.00) now and the other half when the restoration plan has been completed to the satisfaction of the Conservation Commission: Ron Grattan
Second: Dave Harris
Vote: 5-0-0
8:45 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) – Applicant has asked to withdraw Request to Amend because the garages have been eliminated – see letter
Motion to approve withdrawal of Request to Amend: Dave Harris
Second: Ron Grattan
Peter Guidaboni of 255 Liberty Street, abutter to the project attended with his attorney, Joseph Coppolla to express his frustration with the recent change of plans. He explained the entire situation he has had with Mr. Leary over a property line dispute and an alleged wetland created on his lot by construction activity. His claims are that the condominium septic is too close to his well, there are drainage issues and there is a dumpster adjacent to his property that he is opposed to. He has therefore hired an attorney to protect his interests. Mr. Coppolla inquired whether the Order of Conditions was still valid as they are utilizing a different plan. Mr. John Delano, who is the review engineer, assured Mr. Guidaboni that Mr. Leary is willing to withdraw the plan and work with him.
He is certain that some of the issues that Mr. Guidaboni brought up tonight will be verified and hopes that they can come up with a reasonable solution. If not, an Enforcement Order could be issued. Mr. Delano said it is within the Commissions rights to ask for a revised plan.
Dave Harris withdrew his motion.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 11TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 4
Orders of Conditions/Determinations of Applicability
Orders of Condtions for the construction of a Police Station at the vacant lot between 795 & 781 Main Street, Assessors Map 34, Lot 10 for the Town of Hanson (DEP #SE175-0492) – signed
Orders of Conditions for the construction of a 15,200 s.f. contractor’s building at 36 Industrial Blvd., Map 59, Lot 17-2 for Glenn Valley (DEP #SE175-0494) - signed
Determination of Applicability for the installation of a septic system at 75 Big Rock Lane, Assessors Map 64, Lot 1 for William Patton – signed
Orders of Conditions for the construction of a single family dwelling with associated septic, driveway and utilities at Oak St., Map 70, Lot 2B-1 for Stephan Webby (Local Filing #06-01) - signed
Certificates of Compliance/Extension Permit
Request for Certificate of Compliance for Lot 5, Proudfoot Way for Goscon, Inc. (DEP #SE175-387)
Req. for Certificate of Compliance for Lot 6, Proudfoot Way for Goscon, Inc. (DEP #SE175-410)
Req. for Certificate of Compliance for Lot 8, Litchfield Lane for Goscon, Inc. (DEP #SE175-409)
Req. for an Ext. to an OOC for Lakeside Rd., Map 79, Lot 88 for Coleman Earner (DEP #SE175-395)
Motion to approve and issue all of the above: Dave Harris
Second: Ron Grattan
Vote: 4-0-1 (John Kemmett abstaining)
Enforcement Issues
Letter dated 3/29/06 to new owner of 558 E. Washington St., formerly owned by Dan Rosman, (DEP #SE175–378) - discussed
258 Winter St., Whitman/rear Franklin St. enforcement issue – Ms. Delaney will contact Whitman Concom/potential issue
63 Independence Ave. –new owners, trash on property is still an issue. Roy Vinton had agreed to help clean up.
31 Ocean Ave – Conservation Permit had expired, owner given a Notice of Intent, will re-file.
61 Ocean Ave – Mr. Nicoletta had de-watered into the pond, however, Ms. Delaney did not notice that any siltation had occured.
62 Ocean Ave – possible Enforcement Order. Still a mess. There are stockpiles of debris and junk. Dean Anderson is spreading material to make yard bigger apparently.
128 Bay State Circle – Ms. Delaney will write letter, owners need to file for an After-the-Fact Permit.
63 E. Washington St. – Ms. Delaney will write letter, owners need to file for an After-the-Fact Permit.
Discussions
Massachusetts Wildlife Habitat Protection Guidance for Inland Wetlands – reviewed
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 11TH, 2006
HANSON TOWN HALL, LIBERTY ST., HANSON, MA
Page 5
National Grid ACT Reliability Improvement Program – reviewed
435 Indian Head St. – DEP had received an anonymous complaint. DEP will review.
Letter from DEP regarding site inspection at 81 Ocean Ave. (DEP #SE175-487) – 4/13/06, 9:30 am – Ms. Delaney is meeting them on-site, Commission Members are welcome to attend.
MSMCP – Annual Meeting 5/5/06 – duly noted
BayState Gas Plan for replacing gas main on Maquan Street – reviewed
Commission List - reviewed
Ridder Bog – The Enforcement Order that was issued by DEP is still in place until Mr. Ridder can demonstrate the his Farm Plan was amended for the staging area on Main Street and whether it is an allowable exemption.
CPA – Open Space Committee Meeting -discussed
Tag Way Update – not discussed
Old Business/New Business
Release of Payment to Mainstreaming Engineering for Consultant Review –signed
Business Meeting – boilerplate conditions, Regulations – Not scheduled at this time. Ms. Delaney still working on them.
Adjournment
Motion to adjourn at 10:00 PM: Ron Grattan
Second: David Harris
Vote: 5-0-0
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