HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 8, 2006
HANSON TOWN HALL, LIBERTY ST., 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
John Kemmett, Clerk
Absent: Dave Harris, Member
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Appointments
7:30 PM Recreation Department – Waterfront Project presentation – located in the Selectman’s Meeting Room
After the Conservation Meeting was opened, the Commission proceeded downstairs and Ms. Nehiley posted a note on the door. Peter Jackson of Park Planning Associates made the presentation for the enhancement of accessibility to the waterfront from the lodge at Camp Kiwanee. He explained that the Recreation Department wanted to expand options for the public such as boating lessons for able bodied as well as people with disabilities. However, it is a difficult site with a 30-foot difference in elevation. The concept included a series of ramps and stairways. The work will take place within the buffer zone of a Bordering Vegetated Wetland. Ms. Delaney stated that a Notice of Intent would be required. She asked if heavy equipment would be utilized on the slope. Mr. Jackson answered that a
bobcat would be used and they are looking at ways to minimize impacts. The Commission re-convened upstairs.
Approval of Minutes:
July 25th, 2006
Motion to approve: Ron Grattan
Second: Frank Schellenger
Vote: 3-0-1 (John Kemmett abstaining)
Public Hearings
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
Ms. Delaney commented that John Delano was still not satisfied with the drainage calculations. At this point the engineers are working it out.
Motion to continue to August 22nd at 8:00 PM: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Old Business/New Business
Req. for Certificate of Compliance – 122 Old Pine Drive (DEP #SE175-0480)
Motion to approve and issue a Certificate of Compliance: Ron Grattan
Second: Frank Schellenger
Vote: 4-0-0
Req. for Certificate of Compliance – 684 Pleasant St. (DEP #SE175-456) – This item was inadvertently omitted from the agenda
Motion to approve and issue pending the planting of two more trees: Ron Grattan
Second: Frank Schellenger
Vote: 4-0-0
Orders of Conditions
Orders of Conditions for the razing of an existing dwelling and the construction of a new dwelling with associated site grading at 225 Waltham Street, Map 2, Lot 201 for Brian Reed (DEP #SE175-0504) - signed
Orders of Conditions 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. A condition, requiring the covering of the concrete pipe at the rear southeast corner of the property was added. (DEP #SE175-502) - signed
Orders of Conditions 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) - signed
Enforcement Issues
62 Ocean Avenue – Ms. Delaney informed the Commission that Dean Anderson had not met the deadline of July 27th to replace the haybales. He had also continued to build up structure with a dormer. The Commission discussed the previous Enforcement Order that had been rescinded which was done in good faith to allow construction to continue so that existing structure could be protected from the elements.
Motion to reinstate Enforcement Order with a new deadline of 9/7/06 and a $100 fine: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
141 Pennsylvania Avenue - The Aghajanian’s had not submitted a Request for Determination within the timeframe that was given to them in a letter dated June 29th, 2006, the deadline being within 30 days of receipt of said letter.
Motion to issue an Enforcement Order with a new deadline of 9/7/06 and a $100 fine: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
289 West Washington St. (adjacent to Pennsylvania Ave) –Ms. Delaney reported that in response to a building permit application for a pool, she made a site inspection. In addition, an abutter had made a complaint recently of wetland filling at this property. Upon inspection, Ms. Delaney believes that wetland filling has indeed taken place. A letter shall be drafted to request an inspection with the Commissioners present.
751 Whitman Street – A restoration plan had not been received from Mark & Lynne Rhiel by the deadline of August 3rd and the Enforcement Order was being ignored.
Motion to issue a Restoration Order and a penalty of $100: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Mr. Jon Ridder
The Agent reported that the letter voted upon at the 7/25/06 meeting, to be sent to Mr. Ridder regarding potential violations at the Ransom Road cul-de-sac was not sent per order of the Chair who thought the Commission should first read the prior legal decision against the Town of Hanson. Ms. Delaney had put together copies of the decision, a map of Ridder properties and related documents for the Commission’s review. Mr. Len Reno from the NRCS (Natural Resource Conservation Services) was contacted and requested to provide a copy of the current existing Farm Plan. Mr. Reno said that the Commission could request, as public information, copies of the most recent Farm Plan on file and also a letter Mr. Reno wrote to Ben Gilmore in response to a recent request to revise the Farm Plan. The
Commission agreed to file such a request.
· Ransom Road SE 175-432/Main Street –Ms. Delaney had drafted a letter to Mr. Ridder requesting that he provide proof that the filling of wetlands in relocating the roadway that had previously extended through the Casey parcel, is permitted under an Agricultural Exemption and/or attend a Conservation meeting to discuss these matters.
Motion to send letter addressed to Mr. Ridder to Town Counsel for review with permission from Mike Finglas: John Kemmett
Second: Frank Schellenger
Vote: 3-0-1 (Ron Grattan abstaining)
Ransom Road cul-de-sac SE 175-392 – Ms. Delaney reiterated that Mr. Ridder is in violation of the Order of Conditions because it has expired and the finished project/roadway is different than what was approved
Motion to request that Mr. Ridder come to the next meeting to discuss the Ransom Road cul-de-sac and explain why the approved plan was not followed per the approved plan: John Kemmett
Second: Frank Schellenger
Vote: 3-0-1 (Ron Grattan abstaining)
31 Ocean Avenue – A Mr. Fred Burlone, who has an expired Order of Conditions, had started building without a valid permit or erosion control. Ms. Delaney verbally let him know that his permit had expired and he would have to file for an After-the-Fact Notice of Intent. Also, the Building Department had no record of a Building Permit. Mr. Burlone had not responded as yet.
Motion to issue an Enforcement Order with a 30-day deadline for filing a Notice of Intent and $100 fine: John Kemmett
Second: Frank Schellenger
*Ms. Delaney suggested that a fine is not warranted at this time. The Commission decided to hold off on issuing a fine presently. However, a fine for non-compliance will be forthcoming at the end of the 30-day deadline as to be outlined in the Enforcement Order.
Vote: 4-0-0
Discussions
Boilerplate Orders of Conditions
Hearing Procedure – closing of hearing/decision making procedure
Project Proposal review – Agent’s responsibilities
Open Space Plan
*The above mentioned items were tabled until such time as a business meeting could be scheduled.
Stonebridge Commons Environmental Monitor Report No. 7 – reviewed
WHRHS
· Letter from Highway Dept. –A list of outstanding issues from Dick Harris was reviewed.
· Correspondence with Richard Cutts of J. Crowe – Mr. Cutts had not responded to an e-mail from Ms. Delaney regarding a MEPA Certificate that referenced a third detention basin.
· 7/31/06 letter from WHRHS – Jim Armstrong, member of the Building Committee that oversaw the High School project attended the meeting to answer questions. He explained that it was a State Contract and they had only so many days to pay contractors. Revisions to the plan were made through change orders because of time /money constraints. The Building Committee will be dissolved on August 23rd. At that point, the School Department will take over. Many of the items referenced in the letter will be taken care of by the end of August. Ms. Delaney commented that a Certificate of Compliance cannot be issued
until these things are taken care of.
30 Holmes Street – hearing, conditions – Ms. Delaney had written a memo to the Commission outlining the chronology and her position on the review process for this project. Also mentioned was the fact that the hearing held on August 8th was not valid as it was not advertised as per 310 CMR 10.05(5)3. Because the hearing was continued indefinitely on June 27th, the hearing should have been re-advertised in the paper. Because it was a technicality, Mr. Lindquist suggested we ask Town Counsel for advice. Mr. Kemmett said a copy of said letter should be sent to the owner/applicant. The Commission stressed that they would not change their vote if the hearing was re-scheduled.
MACMAPP – Frank Schellenger reported that the State, through the Environmental Systems Research Institute, has offered GIS software, maintenance and training at a significant discount to Conservation Commissions. In order to participate, eligible recipients must complete an Application and partake in an initial application review. In return, recipients must participate in an Open Space Mapping Initiative and share GIS data with the state agency administering the program (MassGIS). Ms. Delaney will find out if this would be cost-effective as the Town has already acquired a different GIS program through Environmental Partners.
DEP Circuit Rider – 9/12/06, 7:30 pm - Ms. Delaney informed the Commission that the Circuit Rider Program had been reinstated. The representative for our area, Christine Odiaga, offered to come to the September 12th Meeting to answer any questions the Commission might have.
*Ron Grattan left the meeting at 9:40 PM
1101 Rear Main Street – public records request - Town Counsel had responded to a Request for original Public Records from a lawyer for the applicant. Essentially, when paperwork is submitted for review, it becomes part of the Public Record. Therefore, said request to return all original documents is denied.
Adjournment
Motion to adjourn at 9:45 PM: Frank Schellenger Second: John Kemmett
Vote: 4-0-0
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