HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 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 Philip R. Lindquist, Chairman, in Meeting Room A on the top floor at the Town Hall.
Members Present: Philip R. Lindquist, Chairman
Ron Grattan, Vice Chairman
Frank Schellenger, Member
John Kemmett, Member
Absent: David Harris, Clerk
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
May 23rd, 2006
Motion to approve: Frank Schellenger Second: Ron Grattan Vote: 4-0-0
June 13th, 2006
Motion to approve: Frank Schellenger Second: Ron Grattan 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 indefinitely per request of applicant
The Commission decided to give the applicant thirty days with a deadline of July 25th, to submit drainage calculations in time for review so that this filing can be resolved.
Motion to continue until July 25th: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
8:00 PM Notice of Intent for the installation of an above-ground swimming pool and deck within 50 feet of a Bordering Vegetated Wetland at 294 County Road, Assessors Map 74, Lot 4-3 for Kevin MacFarlane (New Hearing) (DEP #SE175-503)
Mr. Schellenger read the Public Hearing Notice and the abutters were verified. John Kemmett recused himself from the hearing. Don Bracken of Bracken Engineering made the presentation for an
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 2
above–ground pool. The wetlands had been flagged and were basically at the edge of lawn. Ms. Delaney asked for a written narrative that that would defend the applicant’s request for a variance for the reasons that the pool is a temporary structure and mitigation shall be incorporated into the plan in the form of blueberry bushes and Conservation cedar post markers. In addition, Mr. Lindquist asked that the pool be reduced in size.
Motion to continue until July 11th at 8PM pending a revised plan and a written narrative: Frank Schellenger
Second: Ron Grattan
Vote: 3-0-1 (John Kemmett abstaining)
8:30 PM Continued Notice of Intent for construction of a single family home, driveway and utilities as well as a proposed wetland crossing at Holmes Street, Map 75, Lot 5-1 for Anthony Kolacz represented by Kenneth Thompson, 134 Spring St., Rockland MA (DEP #175-0495)
Ken Thomson presented a revised plan with additional detail as to the mitigation and restoration areas. Mr. Lindquist expressed concern that the access driveway would cause more disturbance than proposed because of the width and installation of the utilities. Ms. Delaney again discussed the possibility of an alternative means of access through the side yard of the existing house at 30 Holmes Street. Mr. Thomson agreed that he would explore the feasibility of that option with the Zoning Board of Appeals. Ms. Delaney will also attempt to meet with the ZBA and discuss this project and others as well.
Motion to continue indefinitely until the issue of alternative access is discussed with the Zoning Board of Appeals: Ron Grattan
Second: John Kemmett
Vote: 4-0-0
8:45 PM Request for Determination of Applicability for the installation of a septic system at 172 Monponsett St., Map 31, Lot 28-1 for Jean Allen represented by Alan Dias General Contracting, P.O. Box 314, Monponsett, MA 02350
Mr. Schellenger read the Public Hearing Notice and the abutters were verified. Alan Dias made the presentation for a septic repair. The system is Board of Health approved, is in the rear of the property and has a retaining wall. The area will be loamed and seeded.
Motion to approve and issue a Negative 3 Determination with a condition to remove the debris in the wetland: Ron Grattan
Second: John Kemmett
Vote: 4-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
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Appointments
8:15 PM - 81 Ocean Avenue (DEP #SE175-487) – Kevin Smith, Request to review revised plan
Mr. Smith had withdrawn an appeal to DEP requesting relief from the Commission’s mitigation requirement of a 6 ½ foot buffer to Monponsett Pond resulting from tree-cutting in the buffer zone. He presented an alternative plan showing the buffer and requested to plant Creeping Juniper instead of Cedar trees. Mr. Kemmett inquired about the size of the boat access as it was never determined. Mr. Smith said he would plant the Juniper and walk around it for access or use the Town access. Also, the ZBA had approved a variance for a bump out from the building earlier this evening.
Motion to accept two (2) supplemental plans to be referenced on the Order of Conditions: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
9:00 PM - 141 Pennsylvania Ave. - Mr. and Mrs. Aghaganian, abutter’s letters
The Commission had conducted a site visit at 141 Pennsylvania Avenue on June 17th. The backyard had been filled and grassed up to the edge of the existing wetland. Direct abutters on either side, Tim Farrell and Peggy Driscoll had submitted letters to the Commission to complain that their properties had flooded allegedly due to the activity on the Aghajanian’s property. Mrs. Aghajanian countered that the whole neighborhood was surrounded by wetlands. John Kemmett suggested that the wetland line is established and the 50-foot buffer zone is demarcated by cedar posts. Mr. Lindquist stated that presently, the activity in the Aghajanian’s property is taking place within the buffer zone.
Motion to require a Request for Determination of Applicability at 141 Pennsylvania Avenue: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
Determinations of Applicability
Three (3) Determination of Applicability for the excavation of test pits in order to conduct percolation tests in accordance with Title 5 at 1443 Main St., Map 44-1, Lots 3, 4 & 5 for Chilmark Company, 345 Washington St., Pembroke, MA - signed
Extension Permit/Certificate of Compliance
Certificate of Compliance for 720 State Street, Assessor’s Map 122, Lot 2 for Daniel Conway
(DEP #SE175-0446)
Motion to approve: Ron Grattan Second: Frank Schellenger Vote: 4-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 4
Meadow Brook Garden Center
· Request for Extension Permit for one year to, Franklin & W. Washington Streets with conditions (DEP #SE715-327) – requires vote
· Request for Amendment to OOC
Steve Alexander attended the meeting and the Commission reviewed his plan. The work is done except in two areas. Ms. Delaney stressed it should be finished ASAP. Mr. Lindquist noted a lack of erosion control. Mr. Alexander explained that the whole area is under construction and that P.A. Landers is supposed to replace EC. In addition, Mr. Alexander requested to revise a condition that required a line of tree-plantings to replace with cedar setback markers to demarcate the buffer zone.
Motion to Accept a revision to the Order of Conditions: Ron Grattan Second: John Kemmett Vote: 4-0-0
Motion to Extend OOC for one year: Ron Grattan Second: John Kemmett Vote: 4-0-0
Enforcement Issues
62 Ocean Ave. – see 6/21/06 letter from Mr. Anderson
Mr. Anderson had responded in writing to two Enforcement Orders issued to him recently. He attended the meeting and asked for relief from the fines. Ms. Delaney summarized his letter and indicated that Mr. Anderson was making progress, however, the haybales have been moved beyond what was indicated on the plan and should be pulled out of the wetland and relocated correctly.
Motion to lift Enforcement Order, waive fines and give Mr. Anderson thirty (30) days to relocate the haybales and silt fence back to the original location as shown on the plan: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
Dunham Farms
Ms. Delaney reported a serious problem at Dunham Farms that put them into the jurisdiction of Conservation. There was a breach that caused flooding and siltation. The Contractor was working to store up the site and replace haybales. Ms. Delaney said that the area would likely require a restoration plan.
Motion to issue Enforcement Order that requires a Restoration Plan and a time frame: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 5
751 Whitman Street
Ms. Delaney had stopped at the above-mentioned address because of large piles of dirt that were spilling over into street. At thay time, it was noticed that there had been filling to the edge of wetland and tree cutting in the wetland.
Motion to issue Enforcement Order that requires a Restoration Plan: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
559 Liberty Street, Huntley’s - DEP Administrative Consent Order - reviewed
Discussions
Ridder – Main St. - DEP Case Screening Conf. continued to 7/12/06 – duly noted
Bay Circuit Trail Dedication – 8/5/06 – duly noted
23 Commercial Waye, Map 59, Lots 17-7 & 17-8 (DEP #SE#175-466)
Motion to issue Amended Order of Conditions based on the May 3, 2006 plans: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Plymouth County Hospital Site- Ms. Delaney with assist from Ron Grattan will continue working on memo to PCH Committee on Commission’s recommendations on use of site.
1101 Rear Main Street
· verbal public records request of ORIGINAL documents
· letter from attorney – Ms. Delaney will draft letter in response indicating we are in receipt of the request.
· release of funds – Pay Dr. Hewitson, require applicant to submit form
807 Main St -The Commission reviewed the draft letter to Mr. & Mrs. Tamulevich.
97 Birchbark Drive Blanket Request - reviewed
17 Tag Way Blanket Request – reviewed
Reorganization of Commission – postponed until next meeting
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 27TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 6
The following items were reviewed, but not discussed:
Smart Growth
WHRHS – Vortechs and detention basin inspection
Pilot Wetlands Bank – first Public Mtg. 7/11/06, 7-9:00 PM, Moakley Center, Bridgewater State College
Meeting Schedule – Summer Schedule, Business Meeting
Adjournment
Motion to adjourn at 10:30 PM: Ron Grattan Second: Frank Schellenger
Vote: 4-0-0
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