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 (arrived at 7:45 PM)
David Harris, Member
Frank Schellenger, Member
John Kemmett, Member
Members Absent: 0
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of April 25, 2006: Dave Harris
Second: Frank Schellenger
Vote: 4-0-0
Public Hearings
7:45 PM Continued Request to Accept a Revised Plan 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 May 23rd at 8:00 PM
Motion to continue: Dave Harris Second: Frank Schellenger Vote: 5-0-0
8:00 PM Request for Determination of Applicability for the construction of a single family house, septic system, utilities and sitework at 684 State Street, Map 119, Lot 9 for James Rodriguez, Trustee. A portion of the lot falls within the 200-foot Riverfront Area of the Indian Head River.
Dave Harris read the Public Hearing Notice and the abutters were verified. James Rodrigues made the presentation of a proposal for a single-family house on a non-conforming lot. Ms. Delaney commented that work is not proposed within the 200-foot Riverfront area and there aren’t any conservation issues with this filing. Mr. Lindquist asked for comments from abutters. Those present were:
Stephen Rothwell, 693 State St. – Had concerns with access to Conservation Land as a fence was erected and trails were impeded. Fishers, bikers and hikers have all used this path freely in the past.
Donna Webster, 694 State St. – same concerns about access being blocked.
Mr. Rodrigues admitted that he had put the fence up on his property. Mr. Kemmett commented that it was an easement issue. Ms. Delaney suggested it might be a historical easement.
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Motion to approve and issue a Negative 3 Determination: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
8:15 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 per request of applicant to May 23rd at 8:15 PM.
Motion to continue: Dave Harris Second: Ron Grattan Vote: 5-0-0
8:30 PM Notice of Intent for the proposed construction of a garage and an in-ground swimming pool at 108 Brook St., Map 97, Lot 8B-1. A portion of the work is located within the 200-foot riverfront area of Indian Head Brook as well as the buffer zone of a Bordering Vegetated Wetland for Michael Boussy represented by Wetlands Consulting, Inc., P.O. Box 11, Freetown, MA (DEP #SE175-___) (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Stephen Schmiel of Wetlands Consulting made the presentation for Mr. Boussy, also in attendance. The entire site is within the 100-foot buffer zone as well as the 200-foot riverfront area adjacent to Indian Head Brook. There is an existing house, shed, driveway and dog kennel. All work proposed is on a previously disturbed area. Mr. Boussy is asking for a variance from the 50-foot no-build setback to install the pool. Ms. Delaney had prepared a comment letter that she highlighted for the Commission. During a site visit, she had noticed un-permitted activity such as: trash and debris in the wetland and cutting of trees within the r.f. area. She suggested that this could be an
opportunity to clean up the site if it were to be considered a Re-development project with mitigation rather than using Performance Standards 10:58 which requires an Alternative Analysis. Mr. Lindquist read the abutters list. Those present were:
Rachael Clark Jarvinen – Her parents owned the land originally. She was surprised that the DEP had the property listed as a Well Head Protection Area as there was a court order to have the wells removed in 2001.
Motion to continue to May 23, 2006 pending receipt of a revised plan, a site walk and a DEP #: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
8:45 PM Continued Abbreviated Notice of Resource Area Delineation for the confirmation of a wetland line at 1101 Rear Main Street, Map 42, Lots 60 & 60A for Frank Bridgeman represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #175-498)
Dave Harris, a direct abutter, recused himself from the hearing. There had been a site walk on May 3rd involving members of the Commission, the applicant, his partner, Steve Gosselin and Bernie Munro of Land Planning. Also present were Dr. Walter Hewitson, Consultant for the Commission and Sharon LePorte, who delineated the wetland . Both had prepared a report for the hearing. Dr. Hewitson suggested that the Commission deny the proposed wetland line, as the disputed area is clearly underwater with established wetland vegetation, and allow DEP to make a decision if appealed. Ms. LePorte reiterated that the area in question behind the building is not a resource area because it has ceased to fulfill the Eight Interests of the Wetlands Protection Act. Lenore
White, a Wetland Scientist attended the hearing to reinforce Ms. LePorte’s assertion that because the site had been previously developed, it doesn’t meet the criteria of a wetland. Mr. Munro produced pictures showing the parking lot in 1988. Ms. Delaney advised the Commission to follow the suggestion of their Consultant, Dr. Hewitson. Because there were submittals of new evidence, the Commission decided to continue the hearing so Dr. Hewtison could evaluate the new information.
Motion to continue to May 23rd: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
9:00 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) – applicant requested a continuance, rescheduled for May 23rd at 7:45 PM
Motion to continue: Dave Harris Second: Ron Grattan Vote: 5-0-0
9:15 PM Continued Notice of Intent for the construction of a single family house, subsurface septic disposal system, driveway and associated grading at 691 East Washington St. (Christopher Way), Map 114, Lots 12 & 15, Lot 5 for Edward G. Johnson represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #SE175-500)
Ed Johnson presented a revised plan explaining that the driveway had been reconfigured so that a driveway turnaround pad and retaining wall were eliminated. The slope was discussed as being just under 3-1. The abutters present reviewed the plan.
Motion to accept and issue an Order of Conditions: Ron Grattan
Second: Frank Schellenger
Vote: 5-0-0
Appointments
9:00 PM Appointment with John Hagan, 795 Main Street
Mr. Hagan & Jane Smith attended the meeting to voice their concerns that their yard had a flooding problem due to the installation of a septic system on a neighbor’s property. Evidence from office files suggest that the septic was in an area previously designated as Land Subject to Flooding in 1998. Mr. Hagan was worried about his property value and the fact that there was a potential pollution problem from leaching of the septic field. Mr. Schellenger said he should acquire an As-built plan from the engineer. Permission was granted for a site visit.
Orders of Conditions
Orders of Conditions for 691 East Washington St. (Christopher Way), Map 114, Lots 12 & 15, Lot 6 for Edward G. Johnson (DEP #SE175-499) - signed
Orders of Conditions for 691 East Washington St. (Christopher Way), Map 114, Lots 12 & 15, Lot 5 for Edward G. Johnson (DEP #SE175-500) – signed
Enforcement Issues
Enforcement Order to 61 Ocean Ave, DEP #175-453 - Fine paid. Mr. Nicoletta indicated to Ms. Delaney that he will correct the violations of the Orders within a week.
Enforcement Order to 62 Ocean Ave., DEP #175-454 – Mr. Anderson had not responded to E.O. or paid the fine. Mr. Harris suggested all correspondence to Mr. Anderson is mailed Certified.
96 Bay State Circle – The response letter from owner regarding a pool constructed in the 50’ bz said he did not recall obtaining permits for the pool. As they are in the process of selling the house, Ms. Delaney suggested the Commission requires them to remove the pool.
Lakeside Drive, DEP #175-395 – Ms. Delaney reported that the erosion control had deteriorated and material had gone beyond the haybales. She had issued a verbal warning with no response.
Motion to ratify an E. O. and issue fine: Dave Harris Second: John Kemmett Vote: 5-0-0
261 Maquan Street /violations – Ms. Delaney reported that there was no response to her letter of 4/4/06.
Motion to issue an E. O.: Ron Grattan Second: Dave Harris Vote: 5-0-0
141 Pennsylvania Avenue – There had been a complaint from a neighbor, Tim Farrell, that filling of wetlands at previously mentioned address was causing flooding in his yard. Ms. Delaney had called the owner, who disputed that there were wetlands. Ms. Delaney will send letter to owners, Mr. & Mrs. Aghajanian, to ask them to cease & desist activity until a site visit can be scheduled.
Discussions
Letter regarding Notice of Claim for Adjudicatory Appeal for Wampatuck Cranberry Bog off Main Street (Route 27) – Jon Ridder is appealing DEP’s Enforcement Order.
DEP Circuit Rider Program
· Tidelands and Waterways – Thursday, 5/18/06 in W. Barnstable MA - reviewed
· Field Identification of Bankfull Stage – Tuesday, 5/30/06 in Middleboro – reviewed
23 Commercial Waye/Revised Plan – The owner had made 24 changes on a revised plan for the ZBA. Ms. Delaney advised the Commission not to issue the Order of Conditions without an explanation as to all the recent changes. Ms. Delaney will get a proposal from Review Engineer and ask the applicant/owner to submit revised plans so they can be reviewed for significant changes and a formal Letter of Request.
Motion to require revised plans for review: Dave Harris Second: Ron Grattan Vote: 5-0-0
Natural Heritage Endangered Species Program - Rare Animal Observation Form for a Red-Bellied Turtle was submitted to Natural Heritage.
16 William Way – Ms. Delaney will draft letter to Land Planning as owner has installed a No Trespassing sign across a Town Easement
Conservation ScoreCard – did not discuss
Business Meeting – tentatively scheduled for May 30th at 2 PM
Request NOI funds for office furniture – Ms. Nehiley will draft a memo
Blanket Determinations
· 128 Bay State Circle – After the Fact filing
· 63 East Washington Street – After the Fact filing
· 370 Franklin Street - reviewed
Old Business/New Business
Dorr’s Print/bill – signed
HUB Technical Services/bill – signed
Adjournment
Motion to adjourn at 10:15 PM: Ron Grattan
Second: David Harris
Vote: 5-0-0
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