HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 12TH, 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 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
John Kemmett, Clerk
David Harris, Member
Absent: None
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of August 22, 2006: Ron Grattan
Second: John Kemmett
Vote: 4-0-1 (Dave Harris abstained)
Motion to approve minutes of August 24, 2006: Frank Schellenger
Second: John Kemmett
Vote: 4-0-1 (Ron Grattan abstained)
Appointments
7:30 PM Appointment with Christine Odiaga, DEP Circuit Rider for Southeastern quadrant
After an introduction by Ms. Delaney, Christine Odiaga focused her presentation on the Wetland Protection Act Regulations that were revised in March of 2005, specifically a new, added paragraph about General Performance Standards for alteration of a Bordering Vegetated Wetland that states an applicant must try to avoid, minimize and mitigate 310 CMR 10:55 (4) . The language mimics that of the Water Quality Certification regulations. Ms. Odiaga passed out examples of particular projects required by the DEP to provide Alternative Analyses to reduce or eliminate impacts to a BVW, her point being that the Commission has the right to request all necessary documentation from an applicant and can, in fact, deny a project for “lack of information”. Ms. Diaga then had time to answer a few
questions from the Commission.
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)
The Commission had received a letter from John Delano, the review engineer, stating that he was satisfied with the final drainage calculations. A condo-association agreement was submitted by John Burns of Keefe Associates at the meeting. The remaining issue was the buffer zone restoration on the abutting property that belongs to Mr. Guidaboni. Mr. Guidaboni, who attended the meeting with his attorney, Joseph Coppolla, stated that he would not allow the restoration plan that was proposed on his property that consists of a vegetative screen of White Pine plantings. Mr. Schellenger pointed out that if it wasn’t allowed, then he (Mr. Guidaboni) would ultimately be responsible for the restoration.
Motion to accept the plan pending a revision that would eliminate the buffer zone planting in Mr. Guidaboni’s yard and replace it with a 10’ buffer in the rear of the property at 255 Rear Liberty Street: John Kemmett
Second: Frank Schellenger
Mr. Coppolla interjected and said that Mr. Guidaboni would agree to the buffer zone restoration. However, after proposing many stipulations that the Commission felt they could not be responsible for, the Commission decided to let the motion stand.
Vote: 5-0-0
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) -continued per request of applicant to September 26th at 7:45 PM.
Motion to continue: Frank Schellenger Second: Ron Grattan Vote: 5-0-0
8:15 PM Appointment with Ed Tyler, 25 Commons Lane, regarding a Request for a Certificate of Compliance for an in-ground pool (DEP #SE175-0468)
Mr. Kemmett, who accompanied Ms. Delaney on a site inspection, commented that the as-built is not accurate and does not depict the actual size and location of the pool and concrete apron. Also, he felt that the planting of four 12” blueberry bushes was not sufficient as mitigation. Ms. Delaney said that the original Notice of Intent stated that the closest activity to the resource area would be 31-49 feet. It was determined that the apron and fence were approximately 9 feet from the wetland. Mr. Tyler countered that he followed the Order of Conditions and to stay within 33 feet of the wetland was an unreasonable expectation.
Motion to not approve until an accurate as-built is received: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
8:30 PM Amended Notice of Intent for the repair and upgrade of residential septic system, the construction of a 16’ x 34’ addition and the installation of a 16’ x 32’ in-ground swimming pool at 103 Forest Trail, Map 101, Lot 50-5 for Kevin Arouca represented by Collins Civil Engineering Group, 225 S. Main St., W. Bridgewater, MA (DEP #SE175-0507) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. George Collins made the presentation for an addition, septic repair and in-ground swimming pool. The pool as proposed is 4 feet from the wetland, which is delineated at the edge of lawn. Mr. Grattan brought up Hanson’s 50-foot no-build setback By-Law. Ms. Delaney commented that the site was developed before the By-Law was in effect, however the applicant has not demonstrated a hardship. She suggested that the pool could be shifted and mitigation incorporated into the plan. Phil read the abutters list. None were present.
Motion to continue to September 26th at 8:15 PM pending a revised plan: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
8:45 PM Notice of Intent for resource improvement and a restoration area for deposited siltation at 902 Main Street, Map 42, Lot 39 (Dunham Farms) for William Brown, Dunham Farms, LLC represented by Webby Engineering, Inc., 180 County Rd., Plympton, MA 02367 (DEP #SE175-0506) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Sharon LePorte, representing Joseph Webby, reported on their site visit and subsequent determination. She reiterated that the detention basin had over-flowed during heavy, July rains and caused flooding and siltation of wetlands. She agreed that the silt should be removed by hand. Ms. Delaney countered that there had been three over-flow events. She had taken pictures of the extensive siltation and prepared comments in a memo dated 9/12/06 and given to Ms. LePorte. She suggested that the site should be stabilized as soon as possible, the detention basins completed and a site visit scheduled. Ms. Nehiley read the abutters list. Those present were:
John Buckley, 126 Pierce Ave. – concerned about flooding onto his property. Concerned with mold.
Dennis Sargent, 66 High St. – Also concerned with flooding.
Motion to continue to September 26th at 8:30 PM pending immediate stabilization of the site and a revised plan with a more accurate depiction: Dave Harris
Second: John Kemmett
Vote: 5-0-0
9:00 PM Notice of Intent for the demolition of an existing garage and construction of a new foundation at 45 Park St., Map 42, Lot 53 for Carlos & Beth Giffoni represented by Paul Hutchinson, 109 Cranberry Rd., Whitman, MA (DEP #SE175-05__) (New Hearing)
Mr. Hutchinson made a presentation. Ms. Delaney suggested that the project should be approved. Mr. Kemmett asked that there be no stockpiling of material onsite.
Motion to approve and issue an Order of Conditions pending receipt of a DEP #: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
Extension Permit
Extension Permit for an Order of Conditions for Stonebridge Commons requested by Pulte Homes of New England (DEP #SE175-396)
Motion to approve Extension for one year: Ron Grattan Second: Dave Harris Vote: 5-0-0
Enforcement Issues
Letter to Jeffrey Landreville, 632 State Street
Motion to revise and send letter: Ron Grattan Second: Frank Schellenger Vote: 5-0-0
751 Whitman Street – Ms. Delaney reported that the owners had not responded to the Enforcement Order and an offsite wetland had been scheduled to be perced. She suggested another Enforcement Order with a fine and a copy to the abutting property owner.
Motion:Frank Schellenger Second: Ron Grattan Vote: 5-0-0
Old Business/New Business
Staples/bill – signed
John Delano & Assoc./bill for 255 Rear Liberty St.– signed
John Delano & Assoc./bill for 1139 Main St.– signed
Agent’s Mileage – signed
MSMCP Annual dues– signed
MACC/bill – signed
Adjournment
Motion to adjourn at 10:10 PM: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
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