HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 11TH, 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
Dave Harris, Member
Absent: 0
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
June 27th, 2006
Motion to approve: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-1 (Dave Harris abstaining)
Public Hearings
7:30 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 until 7/25/06 at 8:00 PM because new information was not received in time for review
Motion to continue: Frank Schellenger
Second: Ron Grattan
Mr. Lindquist read a letter into the record from Bob Crowell of Land Planning dated 7/1/06, date stamped 7/10/06 regarding their determination that the Rivers Protection Act does not apply to the project. They’ve concluded that a stream does not flow through the property, that it’s standing water. Mr. Lindquist also read John Delano’s letter regarding the test pits into the record. Ms. Delaney had consulted with DEP over what constitutes a perennial versus an intermittent stream.
Vote: 5-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 11TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 2
Certificates of Compliance
· 20 Fallon Point Road, Map 69, Lot 6A for Martha Popoloski (SE175-0485)
Motion to approve and issue: Dave Harris
Second: Frank Schellenger
Vote: 5-0-0
· 764 E. Washington Street, Map 114, Lot 0021-01 for Andrew & Marion Ryan (SE175-402)
Ms. Delaney had made a site visit and determined that there might be an issue regarding the removal of a portion of the driveway and related mitigation and that we would need a letter of explanation from the owners.
Motion to not approve: Dave Harris
Second: John Kemmett
Vote: 5-0-0
7:45 PM Notice of Intent for the excavation of contaminated soil/solid waste from portions of the properties at 197 and 203 Liberty Street, Map 91, Lot 14-1 for Mark Devlin, Devlin’s Auto, 203 Liberty Street, Hanson, MA represented by Engineering and Consulting Resources, Inc., P.O. Box 966, Acton, MA 01720. (DEP #SE175-502) (New Hearing) – continued until 7/25/06 at 8:15 PM because of a defective abutter notification
Motion to continue: Frank Schellenger Second: Ron Grattan Vote: 5-0-0
Enforcement Issues
751 Whitman Street Enforcement Order - signed
Dunham Farms Enforcement Order – Ms. Delaney had prepared an Enforcement Order for violations that included encroachment into the Buffer Zone and the Bordering Vegetated Wetland that requires a Restoration Plan and Notice of Intent. – signed
124 Spring Street Enforcement Order – Ms. Delaney, in response to a Building Permit Application, had made a site visit and noticed alteration of wetlands. An Enforcement Order was drafted requiring removal of debris and a restoration plan.
Motion to issue EO: Dave Harris Second: Frank Schellenger Vote: 5-0-0
261 Maquan Street – Owners did not meet deadline for removal of woodchips.
Motion to issue EO w/fine: Dave Harris Second: John Kemmett Vote: 5-0-0
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 11TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 3
141 Pennsylvania Ave. – Ms. Delaney had received a call from Mrs. Aghajanian who made a formal complaint against two neighbors, one having a chicken coop in the wetland and the other, Mr. Dumant clearing to the edge of wetlands.
43 Beckett Street – The office received a complaint from a resident that his neighbor had filled a wet area and as a result, his yard had flooded. Ms. Delaney had met with the neighbor who gave an over-view of the history and the many problems of the area. Ms. Delaney will draft a letter to the Drainage Committee with a copy to the Board of Health.
118 Spring Street – Upon inspection of 124 Spring Street, he agent noted that the owner(s) were pushing debris into a wetland. Ms. Delaney had sent a letter requesting permission to access property.
62 Ocean Avenue - Ms. Delaney had spoken with Dean Anderson who had complained about the cost of replacing the haybales, none of which were in the correct location. Ms. Delaney had drafted and sent a letter. Agent referenced requirement of surveyor staking haybale locations imposed by the Town of Hanover Conservation. Such requirement has not been imposed by the Town of Hanson in the past. The Commission discussed adding this requirement to the Orders of Conditions. Agent added that it is costly and stakes can also be moved.
99 Ransom Road (DEP #SE175-432)
Jon Ridder - Main Street update
Ms. Delaney had drafted a letter to Mike Casey summarizing what had transpired at the last meeting with him and reminding him of his obligation for a buffer zone restoration with a copy to Jon Ridder. Mr. Lindquist commented that we should wait until DEP has met with Mr. Ridder regarding his Farm Plan for Main Street before sending the letter. Also, Meadowbrook had submitted a planting schedule for the buffer zone restoration for Mike Casey. The issue was tabled until the next meeting. Mr. Lindquist referenced DEP Meeting scheduled for 7/12/06. He will not be able to attend.
8:00 PM Continued 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 (DEP #SE175-503)- continued until 7/25/06 at 8:30 PM because revised plan was not submitted for review
Motion to continue: Dave Harris
Second: Frank Schellenger
Vote: 4-0-1 (John Kemmett abstaining)
Amended Orders of Conditions/Extension Permit/Determination of Applicability
Determination of Applicability for the installation of a septic system at 172 Monponsett St., Map 31, Lot 28-1 for Jean Allen – signed
Amended Orders of Conditions for 23 Commercial Waye, Map 59, Lot 17-7 & 17-8 for Chris Pongratz based on 5/3/06 plan (SE175-0466) – signed
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 11TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 4
Extension Permit for Meadow Brook Garden Center, Franklin & W. Washington Streets, Map 67, 6A, Lot 2 for Steve Alexander – signed
Old Business/New Business
MACC invoice for membership fees – signed
Reimbursement to Janine Delaney for purchase of office camera/supplies – signed
Reimbursement to Janine Delaney for Certified Mailing – signed
Duxbury Clipper/bill – signed
Discussions
Memo regarding NOI filing fees – Ms. Delaney had drafted a memo to the Town Accountant regarding unused Notice of Intent money to be returned to the NOI fund at the end of Fiscal Year 2006. Also, a memo from the Board of Selectman confirming the transfer of monies from the NOI fund for the Conservation Agent’s salary and expenses voted at the 5/3/06 Annual Town Meeting is to be forthcoming.
August Meeting Schedule – It was decided to keep the same schedule on the 2nd & 4th Tuesdays.
WHRHS – Ms. Delaney had drafted a letter itemizing outstanding issues. A site visit was scheduled for Wednesday, July 19th at 2 PM. The Commission requested that monies being held are not released until problems are resolved.
NSTAR Gas & Electric, 2006 Yearly Operational Plan – reviewed
30 Holmes Street Memo to ZBA - Inquiry to the Appeals Board to clarify whether upland percentages need to be contiguous according to their By-law. - reviewed
Re-organization – The Commission voted to reorganize as follows:
Philip R. Lindquist Chairman
Frank Schellenger Vice Chairman
John Kemmett Clerk
Ron Grattan Member
David Harris Member
Motion: Dave Harris Second: Ron Grattan Vote: 5-0-0
Adjournment
Motion to adjourn at 9:00 PM: Dave Harris Second: Ron Grattan
Vote: 5-0-0
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