HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 22, 2006
HANSON TOWN HALL, 542 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 Frank Schellenger, Vice 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
Absent: Dave Harris, Member
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of August 8, 2006: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Mr. Grattan and the Commission wanted to extend best wishes to Bernard Munro of Land Planning, Inc. who is presently recovering from surgery.
Public Hearings
7:45 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)
Ms. Delaney recommended that the hearing be closed due to lack of response from the applicant. Mr. Lindquist suggested that the hearing be continued and that a letter is sent to the applicant warning that the hearing will be closed on September 12th due to lack of response to the Commissions August 1st letter.
Motion to continue to September 12th at 8:00 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
9:00 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 reported that there was a dispute between the applicant’s and the Commission’s engineers over whether the project was exempt from a Stormwater Management Policy. Mr. Delano, consultant for the Commission had stressed that for all intents and purposes, it did indeed apply. An agreement by the engineers was finalized. The applicant will submit the required drainage calculations and had signed a continuance form as well.
Motion to continue to September 12th at 7:45 PM: Frank Schellenger
Second: Ron Grattan
Vote: 4-0-0
Certificates of Compliance Requests
764 East Washington Street, Map 114, Lot 0021-01 (DEP #SE175-0402)
Motion to approve and issue a Certificate of Compliance: Ron Grattan
Second: John Kemmett
Vote: 4-0-0
25 Commons Lane, Map 107, Lot 5-14A (DEP #SE175-0468)
The property owner, Mr. Tyler wants to be present for a discussion. As an overview, Ms. Delaney reported that the Commission initially approved a pool 31 feet from the wetland. The offsite wetland is not shown on the plan. Presently, the fence is only 9 feet from the wetland, which is a potential vernal pool. Mitigation is in the form of a row of four blueberry bushes that are a foot high.
Motion to continue to September 12th, 2006: John Kemmett
Second: Ron Grattan
Vote: 4-0-0
Enforcement Issues
Main Street/Ridder/DEP – The Main Street Enforcement Order has been appealed by Mr. Ridder and is now in the hands of the Division of Administrative Law Appeals. The Commission will be notified of any future hearings.
751 Whitman Street Enforcement Order
Motion to sign Enforcement Order voted at 8/8/06 meeting: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
31 Ocean Avenue – signed Enforcement Order that was voted at last meeting
Appointments
8:15 PM Appointment with Jon Ridder & Ben Gilmore re: Ransom Road (DEP #SE175-392)
Ron Grattan recused himself as he is an abutter. Jon Ridder and his representative, Ben Gilmore, attended the meeting to respond to a letter from Janine Delaney dated August 14, 2006. Mr. Gilmore submitted a Request for an Extension to the Order of Conditions for the completion of Ransom Road as the original Order of Conditions had expired on April 29, 2006. The request was read into the record by Mr. Lindquist. Ms. Delaney said that once an Order of Conditions has expired, a permit cannot legally be extended and a Certificate of Compliance cannot be issued. A new Notice of Intent has to be filed for the repair of a plunge pool and grading of the side slopes as the work is within 100 feet of a Bordering Vegetated Wetland.
Mr. Lindquist, citing Ms. Delaney’s letter, reiterated that during a site visit, it was noticed that additional activity had gone beyond the limit of work as shown on the plan approved by the Conservation Commission dated March 13, 2003. In particular, there appeared to be a subsurface drainage structure at the end of the cul-de-sac that was not shown on the plan. Mr. Gilmore responded that the structure in question is a water meter pit required by the Town. Mr. Ridder said that it was approved in the original filing and after the water ban was lifted, permission was granted for water hookup.
In addition, a plunge pool had been dug out and a trench installed. Mr. Schellenger asked about the plunge pool. Mr. Ridder answered that it was disturbed over the winter and it will be repaired. Ms. Delaney mentioned that presently, there was no erosion control, just a few deteriorated haybales.
Also, what was previously denoted as a cart path was allegedly relocated and widened in an area thought to be a Bordering Vegetated Wetland. Mr. Kemmett asked if an access road to the cranberry bogs had been relocated and widened. Mr. Gilmore answered that the work relative to the access road was an agricultural exemption as permissible under the regulations of 310 CMR. Mr. Kemmett said that having a Farm Plan doesn’t necessarily exempt a farmer from having to file a Notice of Intent. (Mr. Gilmore said that he would provide the Commission with Mr. Ridder’s most recent Farm Plan). Ms. Delaney read a section from the DEP’s Farming Handbook under Agricultural Exemptions regarding allowable roadwork permitting the following maintenance activities: grading, filling of
potholes, correcting washouts, etc.. Maintenance does not include enlarging road width, changing culvert size or constructing new roads. Current, compared with past photos, indicate that the road/cart path had been widened between 2004 and the present time. Mr. Kemmett requested permission for the Conservation Commission to enter the property. Mr. Ridder said that the Commission does not have permission to walk the property.
Motion to deny the Request for Extension of the Order of Conditions for the Ransom Road roadway (DEP #SE175-392): John Kemmett
Second: Frank Schellenger
Vote: 3-0-1 (Ron Grattan recused)
Old Business/New Business
Duxbury Clipper/bill – signed
W. B. Mason /bill for office supplies – signed
Revised memo to Treasurer/Collector regarding release of bond - signed
Discussions
WHRHS – 7/31/06 letter (rcvd. 8/8/06) – Ms. Delaney was not satisfied with the response to her questions pertaining to the adequacy of the pipe along Franklin Street and the design for recharge for the larger basin. An as-built has not been received as yet. Mr. Lindquist suggested that a brief letter be sent to ask for clarification of the above-mentioned items.
Town Meeting Warrant Articles
· Act Further Regulating Meetings of Municipal Boards
Related to: A member can miss a meeting and vote at the next meeting provided that he/she listens to the tape and catches up. Planning Board worked on this with Town Counsel and it has been submitted for an article for Town to adopt so that all Boards can utilize.
Business Meeting Topics:
· Boilerplate Orders of Conditions
· Hearing Procedure – closing of hearing/decision making procedure
· Project Proposal review – Agent’s responsibilities
The above-mentioned topics were tabled for the meeting of August 24, 2006 at 3 PM.
· Conservation Parcel identification, deed research, mapping
· Open Space Plan - Mr. Lindquist stated that the Conservation Commission is ultimately responsible for identifying properties and drafting an OSP. The 1979 Plan is a benchmark and a lot of it is still applicable. Ms. Delaney will devote 5 hours per week towards Open Space. Mr. Kemmett suggested a flow chart/management plan.
· Updated Hanson Wetlands By-law cover page
Motion to approve updated By-Law cover Page: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
30 Holmes Street 8/24/06 3:00 pm Meeting (DEP #SE175-0495) - Ms. Delaney will draft conditions for 30 Holmes Street and e-mail to Commission members for comment.
294 County Road (DEP #SE175-503) – The owner’s contractor encountered buried stumps and construction debris during the installation of their pool. The contractor came in to talk to Ms. Delaney, and they discussed erosion control as heavy equipment was needed to remove the debris.
Dept. of Conservation Services – Recreation Trail Grants – FYI, Old Colony Planning Council is willing to assist.
Plymouth County Hospital Site – Ms. Delaney had drafted a memo for the PCH Committee and asked the Commission to review and provide comments at Thursday’s meeting so that the memo can be finalized.
Adjournment
Motion to adjourn at 9:07 PM: Frank Schellenger Second: John Kemmett
Vote: 4-0-0
| 
