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Conservation Minutes, September 26, 2006
Hanson Conservation Commission
Minutes of the Public Meeting of September 26, 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 Frank Schellenger, Vice Chairman, in Meeting Room A on the top floor at the Town Hall.

Members Present:           Philip R. Lindquist, Chairman         (arrived at 7:40 PM)
                                       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 September 12th, 2006:  Dave Harris
        Second:  John Kemmett           Vote:  4-0-0

        Motion to approve minutes of September 20th, 2006:  Dave Harris
        Second:  John Kemmett           Vote:  4-0-0


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) To be continued until October 10, 2006 at 7:45 PM per request of applicant

The Commission questioned the Agent as to why another continuance was requested as at the 8/22/06 meeting the Commission determined that additional continuances would not be granted.  Agent explained that at 9/18/06 meeting with Bob Crowell, Land Planning and the Commission’s consultant, John Delano, a time frame for submittals and review was established as Mr. Crowell could not provide information in time for Mr. Delano to review before tonight’s meeting.  Time frames established were as follows:  Mr. Crowell to provide the Commission and Mr. Delano with information on or prior to 9/26/06, Mr. Delano to provide comments on submission on or prior to 10/3/06 for a continued hearing on 10/10/06.  Commission commented that no more continuances will be granted.

        Motion to continue to October 10th at 7:45 PM:  Dave Harris
        Second:  Ron Grattan
        Vote:  5-0-0
8:00 PM  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)  (New Hearing)

Frank Schellenger read the Public Hearing Notice and the abutters were verified.  Bob Crowell of Land Planning made the presentation.  Also in attendance were:  Bill Segalla, Board of Directors,
Paul Williams, Club President, David Boudry, Vice President and Parker Williamson. The proposal includes clean up and maintenance of area, as well construction of a drainage system that involves lowering the grade 3-4 feet.  A concrete wall is proposed for safety reasons and noise reduction. Another factor is the addition of a pistol range. Wetlands surround the site and a portion of the activity falls within the 50-foot buffer zone.  Mr. Schellenger asked how they were avoiding disturbance of the site within the buffer zone.  Mr. Kemmett asked what the square footage of disturbance would be and if mitigation was proposed. Comments in a 9/26/06 memo from Ms. Delaney were distributed and reviewed.  A major concern was the grading and exposure of earth at the site and whether the applicant had initiated Best Management Practices for the reclamation of lead contamination.  Mr. Williams answered that the Rod and Gun Club was enrolled in a Lead-Shot Initiative that was on file with Dan Gilmore at the DEP.  Ms. Delaney asked for a narrative of that Initiative.  Mr. Lindquist read the abutters list.  Those present were:  
Joe Deminico, 274 Elm St. - in favor of project
Mr. Lindquist summarized that the Commission shall require a revised plan showing more definition of the trench along the proposed wall and a cross section of the earthen berms, a narrative of why the cutting of trees is necessary and what mitigation is proposed, a narrative of the Lead Shot Initiative, a request for variance for disturbance of the buffer zone, and a response to all of Ms. Delaney’s comments.  Mr. Crowell would like to schedule a site inspection with the Commission.  

Motion to continue until October 10th at 8:15 PM providing that new information is received by October 3rd :  Frank Schellenger
        Second:  John Kemmett
        Vote:  5-0-0

8:15 PM  Continued  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)

Ms. Delaney reported that a revised plan had been submitted with requested changes.  The pool had been relocated out of the 50-foot no-disturb zone.  A detailed narrative for mitigation had been provided for the addition which is proposed within the 50 foot No Disturb Zone.  In response to Ms. Delaney’s comments, the representative from Collins Engineering stated that a vermiculite and concrete pool is planned and is pervious as long as the pool is filled with water.  Mr. Arouca asked whether the proposed split rail fence could be replaced by a chain link.  The Commission agreed.  Ms. Delaney asked that access in and out of site be considered upon stockpiling material.  

Motion to approve a variance to work within the 50-foot buffer zone as shown on the plan dated 9/26/06 with mitigation:  Frank Schellenger
        Second:  David Harris   
        Vote:  5-0-0

Motion to approve the NOI and issue an Order of Conditions:  Frank Schellenger
        Second:  David Harris           
Vote:  5-0-0    

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)

Representing the applicant, Bill Brown, were Joe Webby and Rick Wickson.  Mr. Webby reported that since the last meeting, most of the siltation had been removed by hand from the wetland and buffer zone.  Mr. Lindquist asked for the response to Ms. Delaney’s memo of 9/12/06.  Mr. Wickson said that everything mentioned in the memo had been completed.  The silt fences had been repaired, a boulder retaining wall backed up by haybales had been built to prevent further siltation, a weir wall will be constructed tomorrow and hydro-seeding shall be done by the end of the week.  Ms. Delaney will inspect tomorrow.  She inquired about whether flooding on Robinson Street had been addressed and also, if a NPDES Permit was on file, were they adhering to a Stormwater Pollution Prevention Plan.

        Motion to continue until October 10th at 8:30 PM:  Dave Harris
        Second:  John Kemmett
        Vote:  5-0-0

Discussions

Memo from Capital Improvement Committee
A report must be filled out and submitted by November 3rd.   Requests for capital improvements, including money for dam repairs, must be made by that deadline.
Response Letter from CDM regarding Pleasant Street Wellfield Project
CDM had acknowledged the Commission’s comments and will work to address them.
Deed for E.Y. Perry Land at State & Brook Streets
The Selectman signed the Deed and Merry Marini, Executive Assistant brought it upstairs for the Commission to sign, which they did.
974 East Washington St.  (DEP #SE175-408)  
The owner of property had been sent a standard letter by Rebecca Nehiley to request a Certificate of Compliance for a septic upgrade.  Apparently, the Order of Conditions was never recorded.  The owner wants to follow through on it.  Mr. Harris suggested a letter itemizing the procedure.
A Guide for Conservation Commissioners – reviewed
Harbor Cruise – MSMCP – duly noted
WHRHS
Ms. Delaney had drafted a letter for the Commission’s review dated 9/26/06.  The Commission members had a few suggestions for revisions.  Ms. Delaney will revise and send letter.  Frank Schellenger will work with Agent on revisions.
593 West Washington – Blanket permit
Ms. Delaney requested Joe Webby sit in on the discussion.  She reported that a septic had been designed without an approved wetland line.  The procedure for a Blanket Permit requires the agent to go out at the test-pit stage to check the line and if there is a 50-foot setback, a hearing is not necessary.  This procedure saves a homeowner time and expense.  In this case, procedure was not followed by the Engineer and the system had to be redesigned costing the property owner an additional $600.  
Franklin Street property/61A
The Town was offered Right of First Refusal, however, the Conservation Commission is not in a position to purchase this property because of lack of availability of funds.  A memo is to be sent to the Board of Selectmen.
Hussy A.P.R., Main Street property
The owners are looking to convert land into Chapter 61.  They are looking for comments from the Conservation Commission.
25 Commons Lane (DEP #SE175-468) – review letter
Ms. Delaney had drafted a letter to Mr. Tyler outlining three options for him to choose to resolve issues with the construction of his pool.  Commission approved the letter.  
Water Department – policy regarding water release – reviewed – Agent reported that President Titanium had a hose from their facitily discharging to the parking lot.  The water flowed from the site to a catch basin and into the wetland.  Mr. McLeod of Presidential Titanium reported that the Water Dept. was responsible and they were flushing the sprinkler system.
Recyling Grant
Ms. Delaney has applied for a grant to acquire recycling bins for the Town.
289 W. Washington St.
Ms. Delaney requested that the Commission coordinate a site visit.


Enforcement Issues

314 Spring Street  
Perc tests were conducted without a permit.  The Agent reported that she responded as per a call placed by the Health Agent who was present during the percs.  Mr. Amos Wood, Webby Engineering, reported that he was under the belief that the appropriate permits were in place.  The Agent suggested he have all necessary permits in hand before doing work within the Commission’s jurisdiction.  Proper procedure was not followed and Mr. Webby was reminded that he was sent an information letter about Blanket Permits in February.

*Ron Grattan left at 9:20 PM

141 Pennsylvania Avenue
The Commission, after discussion, decided to follow through and send the Enforcement Order/fine originally voted at the meeting of 8/8/06 to the Aghajanian’s as they didn’t respond to the Commission’s request to file for a permit for the activity at their property.

Request for Certificate of Compliance

Bonney Hill Lane (DEP #SE175-357)

        Motion to deny:  David Harris
        Second:  John Kemmett
        Vote:  4-0-0


Adjournment

        Motion to adjourn at 9:50 PM:  Dave Harris
Second:  John Kemmett
Vote:  4-0-0