HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 24, 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
John Kemmett, Clerk
David Harris, Member
Absent: Ron Grattan, Member
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of October 10th, 2006 with a minor correction: Dave Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:45 PM Request for Determination of Applicability for the installation of a septic system within 100 feet of a Bordering Vegetated Wetland at 115 Waltham St., Map 2, Lot 272 for Edward & Wendolyn Lynch represented by Webby Engineering, Inc., 180 County Rd., Plympton, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Webby made the presentation for a septic repair. The proposed system is 50 feet from the wetland and the plan is Board of Health approved. However, the haybales are to be placed within the 50-foot buffer zone. Ms. Delaney believed the wetlands offsite were about 10’ off and that it should be noted on a permit that the wetland is valid for the purpose of a septic upgrade only and any future proposal would require that the wetlands be re-delineated. Mr. Lindquist read the abutters list. None were present.
Motion to approve variance to place haybales within the 50-foot BZ: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
Motion to approve and issue a Determination of Applicability with conditions: Frank Schellenger
Second: Dave Harris
Vote: 4-0-0
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)
Bob Crowell and Bernie Munro of Land Planning presented a revised plan dated 10/19/06. The plan showed the concrete wall extended while the earthen berm was shortened in length. An area adjacent to the isolated wetland was designated a “proposed planting area”. Mr. Schellenger commented that the plan did not answer as to why they were disturbing more of the 50-foot buffer to create a planting area as it should be located elsewhere for mitigation. Ms. Delaney expressed concern that the concrete walls, the new range and two plunge pads were all located within 50 feet of the Bordering Vegetated Wetland. Ms. Delaney had also requested a notation on the plan regarding their Environmental Stewardship Plan in regards to the Lead Initiative Program. This had not been
done. Mr. Munro said the plan shall be revised to reflect changes to the mitigation plan and a notation on the plan for the ESP.
Motion to approve variance to construct within the 50-foot no disturb zone: Frank Schellenger
Second: Dave Harris
Vote: 4-0-0
Motion to approve NOI and issue an Order of Conditions pending receipt of a revised plan: Frank Schellenger
Second: Dave Harris
Vote: 4-0-0
8:30 PM Notice of Intent for a proposal to construct a second floor addition above garage and septic system within 100 feet of a Bordering Vegetated Wetland at 244 South Street, Map 23, Lot 30 for Michael Amado represented by Webby Engineering, Inc., 180 County Road, Plympton, MA 02367. (DEP #175-0505) (New Hearing)
Mr. Schellenger read the Public Hearing Notice and the abutters were verified. Alan Dias made the presentation for construction of an addition and a septic repair. The proposal also included the addition of a porch and a deck to the rear of the garage. The wetlands were delineated by Dr. Hewitson. Ms. Delaney suggested that the Commission require a 24” silt sack instead of the 18” proposed and that a detail for a silt sack is shown on the plan for future filings. Mr. Lindquist read the abutters list. Those present were:
Anna Amado, 219 South St. – Ms. Amado’s representative Steven Bernstein, P.E. commented that he reviewed the plan. There was a concern with the impact to the culvert at the property across the street. He did not see any impact from the proposal.
Motion to approve the Notice of Intent and issue an Order of Conditions: Frank Schellenger
Second: Dave Harris
Vote: 4-0-0
Orders of Conditions
Orders of Conditions 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 (DEP #SE175-0506) - signed
Denial of an Orders of Conditions 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 fell within the 100-foot inner riparian zone. Applicant: Demco Enterprises, Inc., 31 Perkins Street,
Bridgewater, MA 02324 represented by Land Planning, Inc.. (DEP #175-0460) – signed
Enforcement Issues
289 West Washington Street
Ms. Delaney asked for the Commission’s position. It had been confirmed with DEP that the woodchips are considered fill and should be removed. Mr. Kemmett commented that the woodchips are changing the hydrology in the area, diverting the flow of water. Mr. Schellenger suggested that the owner, Frank Dumont, Jr. come in to address the issue with the Commission at a meeting and be asked to remedy the situation that is affecting his neighbors.
Off Main Street (Wampatuck Cranberry Bogs) – DEP letter, Final Decision
The case has been dismissed by the Division of Administrative Law Appeals. The Enforcement Order had been rescinded by the DEP because, based on the information submitted, the Department had determined that the work that occurred in the vicinity of bog H6 associated with the construction of the sand storage area qualified as exempt as normal improvement of land in agricultural use pursuant to the definition of Agriculture at 310 CMR 10.04.
Discussions
Request to review a revised plan for 52 Richard Road (DEP #SE175-0486)
Plan was reviewed. The septic was relocated to the front, further from the wetlands than before. Ms. Delaney read the letter itemizing other revisions. Mr. Schellenger mentioned that the plan is actually better then the previous because the drywells are being shown.
Motion to accept revised plan dated 9/15/06: Frank Schellenger Second: Dave Harris Vote: 4-0-0
190 Andrew Lane
Ms. Delaney reported that the owner, who abuts 52 Richard Road, wants to fill some of his backyard. The former Conservation Agent told him there were no wetland issues, however, using the plan for 52 Richard Road, it was clear that there are wetlands and he has to file a Request for Determination.
Motion to file Request for Determination: Frank Schellenger Second: Dave Harris Vote: 4-0-0
Request to review a revised plan for 64 Leon Court (RDA)
Alan Dias presented a revised plan for and a request for a variance to install a well within 50 feet of the wetland. It had received Board of Health Approval.
Motion to approve variance: Dave Harris Second: Frank Schellenger Vote: 4-0-0
Motion to approve revised plan: Frank Schellenger Second: Dave Harris Vote: 4-0-0
MSMCP Brown Bag Workshop - duly noted
Lot 15, Gray Lane – The address is actually on County Road. Owner, Matt Palermo requested an Occupancy Permit. Ms. Delaney signed it but informed him that he would have to file a Request for Certificate of Compliance within 90 days.
61 Ocean Avenue, Map 2, Lots 1506 & 1507 (DEP #SE175-0453) – Steve Nicoletta is also looking for an Occupancy Permit. He is supposed to plant a tree as a condition of his Order. Ms. Delaney suggested that the Condition is revised so that an applicant can move in and finish minor things before a Certificate of Compliance is issued.
Buffer Zone Article – The Commission will take home and review
Stonebridge Commons – Environmental Monitor Report – reviewed
Middle School - Mr. Jim Armstrong had verbally requested of Ms. Delaney and Ron Grattan, a sign off for completion of a mitigation area at the Middle School and inquired of money being held in Escrow. Ms. Delaney had reviewed the file and although a Certificate of Compliance had been written, it was never signed. There was no record of money being held. It was suggested by the Commission that a letter be composed to the Superintendent to Request a Certificate of Compliance.
High School – see response letter from Project Manager dated October 23, 2006- This letter was received today and will be put on the next agenda so that the Commission and Agent have time to review.
Old Business/New Business
W.B. Mason bill – signed
John Delano & Associates/bill for 1139 Main St. – signed
Agent mileage – signed
Adjournment
Motion to adjourn at 9:20 PM: Dave Harris
Second: Frank Schellenger
Vote: 4-0-0
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