HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 23, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:30 PM under M.G.L. Chapter 131, s.40 and the Hanson By-Law 3-13, s.5. by Ron Grattan, Vice Chairman, in Meeting Room A on the top floor at the Town Hall.
Members Present: Philip R. Lindquist, Chairman (arrived at 8:20 PM)
Ron Grattan, Vice Chairman
David Harris, Clerk
Frank Schellenger, Member
John Kemmett, Member
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Phil Clemons, Associate Member
Approval of Minutes:
Motion to approve minutes of May 9th, 2006: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:45 PM Continued Notice of Intent for construction of a single family home, driveway and utilities as well as a proposed wetland crossing at 30 Rear Holmes Street, Map 75, Lot 5-1 for Anthony Kolacz represented by Kenneth Thompson, 134 Spring St., Rockland MA (DEP #175-0495) – continued per request of engineer to June 13th at 8:30 PM
Motion to continue: Frank Schellenger Second: John Kemmett Vote: 4-0-0
8:00 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 June 13th at 8:15 PM
Motion to continue: Dave Harris Second: Frank Schellenger Vote: 4-0-0
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)
Bob Crowell of Land Planning attended to request a continuance so that he has time to discuss outstanding issues with the Review Engineer, John Delano such as: Parking, access, Stormwater Management, cleaning up piles of debris and a Conservation Restriction.
Motion to continue to 6/13 at 8:45 PM: Dave Harris Second: Ron Grattan Vote: 4-0-0
8:30 PM Continued 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 #SE175-501)
Stephen Chmiel of Wetlands Consulting presented a revised plan in response to Ms. Delaney’s comments. There was a notation on the plan that a portion of the yard had been designated a DEP Wellhead Protection Area. Buffer Zone and Wetland Mitigation Plans were submitted with a timeline beginning in spring of 2006 and monitoring reports to be turned in bi-annually. Conservation signs had been created. Ms. Delaney suggested that the Commission issue a permit with a condition that the trash and debris in the wetland is removed by hand.
Motion to approve and issue an Order of Conditions: Dave Harris
Second: Ron Grattan
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 recused himself from the hearing as he is a direct abutter. Since the last hearing, there had been a site meeting with the applicant’s Consultants, Lenore White and Sharon LePorte, and Dr. Walter Hewtison, Consultant for the Commission. Ms. White summarized her written narrative explaining her view that the area does not meet the definition of a Bordering Vegetated Wetland as there are no hydric-soil indicators. Mr. Grattan commented that water was actually flowing when he inspected. Mr. Bridgeman explained it would be pumped into the adjacent wetlands as presently the drainage system was not functioning properly. The Commission’s Consultant, Dr. Walter Hewitson quoted from the Massachusetts Wetlands Regulations 310 C.M.R. 10:55 Sec. 2.3 which states,
in effect, that in a previously disturbed area, only two out of three indicators are necessary to determine the presence of a wetland. The two identified at the site were hydrology (inundation) and vegetation (Purple Loosestrife, Pussy Willow, etc.). He recommended that the Commission approve a wetland line that is established based on the Regulation. Ms. Delaney concurred with Dr. Hewitson. However, his flagging had not been shown on the plan. A suggestion was made by Phil Lindquist to take core samples to determine whether the soils are hydric to support the applicant’s opinion of “Made Land”. Dr. Hewitson suggested that the Commission ultimately make their decision based on the regulation.
Motion to continue until June 13, 2006 at 9:00 PM in order to evaluate Walter Hewitson’s wetlands delineation on plan to be provided by Applicant and pending soil evaluation: John Kemmett
Second: Ron Grattan
Vote: 4-0-1 (Dave Harris abstaining)
Appointments
9:15 PM Appointment with Vicki Aghadajian, 141 Pennsylvania Ave.
Mr. & Mrs. Aghadajian came to the meeting in response to a letter from the Commission regarding complaints that they were filling wetlands in their backyard. Ms. Delaney had taken pictures of recent filling up to what appeared to be a wetland. There was standing water and vegetation indicators. Mr. Aghadajian answered that he did not fill wetlands and the fill has been there for nine years. He produced pictures and receipts for fill. Ms. Delaney commented that the problem either could have been with the original delineation of the sub-division or that the wetlands were recently created because of development. Mr. Kemmett suggested another site visit with the Aghadajians permission.
9:30 PM Appointment with Phil Clemons to discuss Burrage Pond Restoration Area
Phil Clemons, Associate Member, made a presentation of the pending Restoration Project being prepared by the company of Beals and Thomas. He handed out an information sheet about the “Wetlands Banking” program. He gave an overview of the project which is divided into three areas, A, B & C. Area C is slated to be restored as a White Cedar Swamp. A Notice of Intent will be forthcoming and work is to begin in September of 2006. Mr. Clemons has been attending the information meetings in Boston. His perspective of the project is favorable, although he and the Commission have reservations about the Banking program as a whole.
Determination of Applicability
Negative 3 Determination of Applicability for the construction of a s.f. house, septic system, utilities & sitework at 684 State St., Map 119, Lot 9 for James Rodriguez – signed
Blanket Determinations
803 Pleasant Street – permit for an above-ground pool outside of 50-foot buffer - reviewed
Request for Certificates of Compliance
36 Elm Street, Map 36, Lot 8-3 for Donald Shute (SE175-428)
Motion to approve and issue upon removal of haybales: Dave Harris Second: John Kemmett
Vote: 4-0-0
Tag Way (DEP SE175-341) – signed
Enforcement Issues (Phil Lindquist was not present for all of the discussions listed below)
96 Bay State Circle – Agent to draft letter to owner to either 1) Relocate pool to provide a 50-foot setback or 2) Remove the pool upon sale of property.
Motion to give owner both options: Dave Harris Second: John Kemmett Vote: 4-0-0
261 Maquan Street – Enforcement Order to owner ratified, although the deadline to remove the woodchips and shed was extended to June 30, 2006.
61 Ocean Ave. – Ms. Delaney had seen Dean Anderson onsite. He did not have time to converse. Another Enforcement Order was typed up. This one is more specific as to a timeline and allows for fines to be assessed if clean up is not accomplished.
Motion to issue Enforcement Order: Dave Harris Second: Frank Schellenger Vote: 4-0-0
Discussions
Lot 4, 16 William Way – Ms. Delaney will draft letter to owner regarding No Trespassing signs at entrance to Town Easement. As of today, they were still there.
Brookside Estates I & II/Easement for River access – Ms. Delaney, at the request of Joan Pierce of the Division of Fisheries and Wildlife, had conducted research to determine parcels of land abutting the Poor Meadow Brook for canoe access. Parcels adjacent and with Brookside Development looked at.
Motion to allow agent to pursue Riverfront Access to Poor Meadow Brook for boat access: Dave Harris
Second: Frank Schellenger
Vote: 4-0-0
23 Commercial Way- Mainstream Engineering’s estimate to review changes is $1,500.00.
Motion to approve estimate: Dave Harris Second: John Kemmett Vote: 4-0-0
Old Business/New Business
Business Meeting – not scheduled at this time.
Adjournment
Motion to adjourn at 10:10 PM: Ron Grattan Second: David Harris
Vote: 5-0-0
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