Hanson Conservation Commission
Minutes of the Public Meeting of October 10, 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
Ron Grattan, Member (arrived at 7:35 PM)
John Kemmett, Clerk
David Harris, Member
Absent: Frank Schellenger, Vice Chairman
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of September 26th, 2006: Dave Harris
Second: John Kemmett
Vote: 3-0-0
Appointments
7:30 PM Appointment with Vickie Aghajanian, 141 Pennsylvania Ave.
Mr. and Mrs. Aghajanian came to the meeting seeking clarification of the Enforcement Order issued on 9/26/06. Mr. Lindquist reminded them that at their last meeting with the Commission (6/27/06), it was determined that they have the wetland delineated and file a Request for Determination for ongoing activity. Since this was not done, an Enforcement Order/fine was issued. Mrs. Aghajanian claimed that no further work is being proposed. (Ron Grattan arrived at this point). Mr. Kemmett reiterated that the wetland be delineated and the fill pulled out. Ms. Delaney commented that three neighbors had contacted the Commission with concerns. She suggested that as a compromise, since the filling had taken place, possibly years ago, the wetland be shown as the “clearing/treeline”. The Commission agreed and in addition, they required a 10-foot buffer with appropriate plantings and the abutters shall be held to this also. Ms. Delaney will assist the Aghajanians with a Request for
Determination requiring a buffer zone restoration.
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)
Mr. Crowell attended the meeting to request that the Commission continue the hearing to an indefinite date. His firm has not been paid for the work thus done and, in addition, he would need time to work out a revised plan to submit to John Delano, review engineer for the Commission. Mr. Kemmett expressed frustration that the project has gone on for too long and much of the requested information has not been submitted. Mr. Crowell said that the area is blighted and they want to see the project through. Mr. Lindquist suggested continuing to a later, determined date.
Motion to close the hearing and deny the Notice of Intent Without Prejudice: John Kemmett
Second: David Harris
Mr. Grattan said there were extenuating circumstances. Mr. Harris again voiced exasperation that the hearings were rescheduled over and over. Mr. Lindquist recommended that the hearing be continued because of the time and expense of re-filing.
Vote: 3-1-0 ( Phil Lindquist against)
Ms. Delaney cited “lack of information” as the reason for denying the project.
8:15 PM Continued Notice of Intent for the rehab and modification of the existing firing range and construction of a new pistol firing range within the 100 ft. buffer zone of a Bordering Vegetated Wetland at Davis Road, Map 28, Lots 4,5,6 & 11, Map 29, Lot 1 and Map 36, Lots 6 & 7 for the Hanson Rod & Gun Club represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #SE175-0509)
Mr. Lindquist, Frank Schellenger, Ron Grattan & John Kemmett walked the area on Saturday, October 7th accompanied by Bill Segalla. It was decided that the concrete wall should be staked out to determine how many trees have to be taken down and how much of the buffer zone is being encroached upon. Mr. Segalla said the major reason for the wall was sound buffer and as the earthen berm caused more of a disturbance than the wall, they settled on the wall. Ms. Delaney, citing her comment letter, had asked for a 1” to 10’ scale of that area. She discussed the difference between a wetland and a buffer restoration and indicated that a better mitigation plan is needed for the work being proposed within the buffer zone. She also suggested that a notation regarding their
Environmental Stewardship Plan be shown on the plan with regard to lead reclamation. A site visit was scheduled for next Tuesday, October 17th at 3PM. Mr. Crowell can have a revised plan ready by Wednesday morning.
Motion to continue to October 24th at 8:15 PM: Dave Harris
Second: John Kemmett
Vote: 4-0-0
8:30 PM Continued 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)
No one from Dunham Farms attended the hearing. Ms. Delaney had pictures from the site. The rip rap had been installed wrong and the weir had been removed, allegedly because it was cracked. Sediment could still be a problem. Ms. Delaney recommended an Operation and Maintenance Plan be submitted for long-term maintenance of all the drainage structures and a Homeowner’s Association is drafted. The fact that the applicant had pursued the activity without an Order of Conditions was discussed. The Commission decided to issue the Order and require that it is recorded at the Registry of Deeds.
Motion to close hearing and issue an Order of Conditions. Ms. Delaney will draft some specific conditions to review at the next meeting: Dave Harris
Second: John Kemmett
Vote: 4-0-0
Orders of Conditions
Orders Of Conditions 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 (DEP #SE175-0507) – signed
Enforcement Issues
632 State Street, Jeffrey Landreville
Mr. Landreville had not responded to a letter to file a Notice of Intent with a deadline of September 9/28/06. No action taken at this time.
751 Whitman Street
Mark & Lynne Reale attended the meeting to go over their restoration plan with the Commission, designed in response to an Enforcement Order/fine. Ms. Delaney assisted them with the plan which consisted of allowing the area grow back where Mr. Reale had cleared trees and brush. They asked if they could square off the limit of work a little bit to maintain a small yard. Ms. Delaney thought it was a good compromise if they discontinued any further activity beyond the future limit of work and cedar conservation posts are installed to demarcate the area.
Motion to accept the restoration plan dated 10/04/06: Dave Harris
Second: John Kemmett
Vote: 4-0-0
496 Main Street – Webby perc test/Blanket application-letter
Ms. Delaney reported that an insufficient plan that did not meet minimum requirements was submitted. A letter was drafted to Mr. Webby regarding the procedure for Blanket Permit Determinations.
Perc Tests - examples 314 Spring St., 496 Main St., 593 West Washington St., 1158 Main St..-memo to BOH, letter
The Commission reviewed and approved a memo drafted to the Board of Health requesting that they notify Conservation when and where perc tests will be conducted so that problems can be avoided before they occur. Also approved were draft letters to Joe Webby regarding 314 Spring Street and Al Vautrinot regarding 1158 Main Street.
Discussions
Whitman-Hanson Regional School District – Response letter dated October 5, 2006
The Commission will take home and read.
Deerhill Extension, SE 175-452 – NHESP Conservation Management Permit
The project is on track with Natural Heritage. They issued a temporary permit for placement of haybales. Ms. Delaney reported that the contractors had encroached into the 50-foot buffer zone in three places. She asked that they move them and show any changes on a revised plan. Natural Heritage eliminated curbing and replaced with berms for turtle movement.
Camp Kiwanee – Reclamated Asphalt - memo
Chapter 40B Proposal – Elm Street Halifax
Bay Circuit Trail Dedication – October 14th at 9 AM at Camp Kiwanee
*The above-mentioned items were reviewed but not discussed.
Adjournment
Motion to adjourn at 9:20 PM: Dave Harris
Second: John Kemmett
Vote: 4-0-0
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