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Conservation Minutes, July 25, 2006
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 25TH, 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        
                           Frank Schellenger, Vice Chairman  
                           Ron Grattan, Member
           Dave Harris, Member
Absent:                    John Kemmett, Clerk
Others Present:            Janine Delaney, Conservation Agent
  Rebecca Nehiley, Administrative Assistant   

Approval of Minutes:   

July 11th, 2006

Motion to approve:  Frank Schellenger   
Second:  Ron Grattan
Vote:  4-0-0  

Public Hearings

7:45 PM  Notice of Intent for the razing of an existing dwelling and the construction of a new dwelling with associated site grading within 100 feet of a Bordering Vegetated Wetland at 225 Waltham Street, Map 2, Lot 201 for Brian Reed represented Webby Engineering, Inc., 180 County Road, Plympton, MA  (DEP #SE175-0504)  (New Hearing)

Frank Schellenger read the Public Hearing Notice and the abutters were verified.  Joe Webby made the presentation. The Bordering Vegetated Wetland was delineated by Walter Hewitson.  A portion of the wetland line is in Halifax.  The applicant had filed for and received a Determination of Applicability from the Town of Halifax.  The proposed house falls outside of the 50-foot no disturb zone.  The septic is out of the 100-foot buffer zone.  Ms. Delaney requested that an old oil tank be removed during the razing and clearing of the lot.  Mr. Lindquist asked for comments from abutters.  Those present were:

Robin Sheridan, 216 Waltham St. – Concerned with size of house.  If it fits, it’s a good idea.
Peter Mailly, 5 Waltham St. – The property is a dumping ground.  Asked if property had been surveyed.  Ms. Delaney asked that the lot line be surveyed for placement of haybales.  Mr. Webby agreed.
Cheryl Wood, 230 Waltham St. – Agrees it’s an eyesore.  Doesn’t want a mansion.

Mr. Lindquist urged the abutters to direct questions about the property lines and setbacks at the hearing for the Zoning Board of Appeals.


HANSON CONSERVATION COMMISSION
  MINUTES OF THE PUBLIC MEETING OF JULY 25TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 2


        Motion to approve and issue an Order of Conditions:  Frank Schellenger
        Second:  Dave Harris
        Vote:  4-0-0

8:00 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) – rescheduled at request of applicant to August 22, 2006 at 7:45 PM.

Motion to Continue:  Frank Schellenger  
Second:  Ron Grattan

There had been a site walk along the dike in response to Bob Crowell’s letter of July 1, 2006 regarding whether the Riverfront Area applies. However, Mr. D’Emilia of Demco Enterprises had not submitted a payment for consultant review, therefore the review was currently at a standstill.
 
Vote:  4-0-0

8:15 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)

Frank Schellenger read the Public Hearing Notice and the abutters were verified.  Andrew Clark from ECR, Inc. made a presentation for a cleanup of contamination at the above-mentioned properties per an Administrative Consent Order from the DEP.  Soil will be removed and hauled offsite.    Groundwater may be treated per a contingency plan.  Ms. Delaney suggested that a catch basin in the detention basin be covered with a steel plate.  No abutters were present.  

        Motion to approve and issue an Order of Conditions:  Ron Grattan        
        Second:  Frank Schellenger
        Vote:  4-0-0


8:30 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)  

HANSON CONSERVATION COMMISSION
 MINUTES OF THE PUBLIC MEETING OF JULY 25TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 3

The Commission had received a revised plan as requested.  In addition, the applicant had also submitted a buffer zone restoration plan.  The pool had been reduced in size for lesser impact
and six Conservation plaques are to be installed along the wetland line in perpetuity.  Heidi MacFarlane attended the hearing.

Motion to approve the July 25, 2006 plan and issue an Order of Conditions:  Frank Schellenger
        Second:  Ron Grattan
        Vote:  3-0-1 (David Harris abstaining)

8:45 PM  Continued Notice of Intent for construction of a single family home, driveway and utilities as well as a proposed wetland crossing at 30 Holmes Street, Map 75, Lot 5-1 for Anthony Kolacz represented by Kenneth Thomson, 134 Spring St., Rockland MA  (DEP #175-0495)

Ms. Delaney commented that the Commission had not received any new information.   Speaking for the Kolcaczs’ who were in attendance, Ken Thomson asked the Commission to vote on the plan that had already been submitted.  Ms. Delaney had made an inquiry to the Zoning Department on whether an upland needs to be contiguous for a lot to conform.  It was indicated to her that it was a Planning Board decision and that uplands need not be contiguous.  This would be a key issue in drafting an Alternative Analysis plan to avoid a wetland crossing.  Mr. Kolacz said that the lots could not be reconfigured because the owner of the original lot is unwilling to do so, therefore it was a moot point.  The plan dated 6/8/06 was reviewed by the Commission again.  Ms. Delaney urged the Commission to close the hearing and vote at the next meeting because she was not satisfied with the mitigation plan as written.  Also, a construction sequence was not submitted and an Alternative Analysis was not presented.      

Motion to approve and issue an Order of Conditions with special conditions for the construction of the road:  Ron Grattan
        Second:   Frank Schellenger     

Mr. Lindquist said that the driveway is a concern because it goes through a wetland.  Permission was granted from the applicant for Frank Schellenger to vote.

        Vote:  3-1-0 (Frank Schellenger against)

Appointments

9:00 PM  Appointment with Alan Dias to discuss comments made at last meeting regarding septic repair at 751 Whitman St..

Mr. Dias attended the meeting to go over and clarify the previous septic filing for 751 Whitman Street.    After making his point, all were in agreement that that issue was no longer relevant to the current situation.
HANSON CONSERVATION COMMISSION
  MINUTES OF THE PUBLIC MEETING OF JULY 25TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 4


Blanket Determinations

205 Andrew Lane – reviewed   
46 Lakeside Road – reviewed

Enforcement Updates

Lakeside Drive (DEP #175-395) – Ms. Delaney reported that Mr. Earner had hired a contractor, stabilized the slopes per the plan and put down hydro-seed and mesh.  He had done a great job in response to the Enforcement Order.
Dirt bikes/ATV’s – Coleman Earner and another resident had complained of ATV’s riding over the slopes and through the wetland.    
Grass Clippings – Don’t Trash the Grass information brochures were sent to all the residents.
124 Spring Street – Ms. Delaney reported that all the debris had already been pulled out of the wetland area.

Motion to rescind Enforcement Order:  Dave Harris   Second:  Frank Schellenger  Vote:  4-0-0

Ridder – Main Street, Ransom Road  - The Commission had received notice that at the Pre-screening conference with the DEP, Mr. Ridder’s hearing was postponed until 8/10/06 pending receipt of evidence that the activity at Main Street has an agricultural exemption.  At the inspection of Ransom Road for a Certificate of Compliance request, Ms. Delaney observed more wetland filling and more activity on/near the gravel path.  Mr. Lindquist said that Mr. Ridder should come in and explain what he is doing.  Ms. Delaney will draft a letter.
118 Spring Street – Ms. Delaney had inspected and found evidence of cutting/clearing in the wetland.  Ms. Delaney suggested a Restoration Order.

Motion to issue a Restoration Order:  Dave Harris     Second:  Ron Grattan      Vote:  4-0-0

Dunham Farms – Highway Dept. ltr., Bldg Insp. notification – The Commission had received a copy of a letter from Dick Harris, Highway Surveyor, that there was a continuing problem with flooding at the site onto Main Street and Robinson Street.  Ms. Delaney had inspected. She reported that the Erosion Control was still in place.   However, the owner, Mr. Callahan was there and denied the flow was coming from his site.  Ms. Delaney said she had photos and videos if he would like to see them.  
WHRHS- Agostini Constrution paid the fine that was issued last year.  Also, a discrepancy was found in a MEPA Certificate for the school as it references 3 detention basins and there are only 2.  There had been no response to Ms. Delaney’s letter.
889 Winter St. – A permit had been issued for a septic upgrade and addition.  The property is right on the pond.  Ms. Delaney asked the owner to put up a silt fence around the stockpiles.  An Enforcement Order, fines/inspection fees were also discussed.
HANSON CONSERVATION COMMISSION
  MINUTES OF THE PUBLIC MEETING OF JULY 25TH, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Page 5



Request for Certificate of Compliance

Request for Certificate of Compliance for Mike Casey, 99 Ransom Road (DEP #175-432)

Motion to issue Certificate of Compliance and release remainder of Bond in the amount of $750.00:  Ron Grattan
        Second:  Dave Harris
        Vote:  3-0-1  (Frank Schellenger abstaining)

Discussions

Recycling at Town Hall and Schools – Ms. Delaney and Ms. Nehiley had met with someone from DEP to discuss grants for recycling and related workshops.
1101 Rear Main Street – public records request/pumping – The Commission had received an E-mail from Town Counsel stating that our copies of said filing are part of the Public Record and it is not required to give them back to the applicant. Mr. Harris said that the natural flow of water is towards the Great Cedar Swamp.
Maquan Street/Bay State Gas – Ms. Delaney had walked Maquan St. with representative Paul Tappen from BayState Gas.  Erosion Control was not required.
255 Rear Liberty St. – scheduled for 8/8/06 – Drainage Calc’s had been received.

*Hanson Rod & Gun Club-see letter
*Stonebridge Commons – Environmental Mon. report
*NSTAR – YOP

The above mentioned items were reviewed but not discussed.

Old Business/New Business

WB Mason/bill – signed


Adjournment

Motion to adjourn at 9:30 PM:  Dave Harris                                              Second:  Ron Grattan
Vote:  4-0-0