HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 28, 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
John Kemmett, Clerk
David Harris, Member
Absent: Ron Grattan, Member
Frank Schellenger, Vice Chairman
Others Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Approval of Minutes:
Motion to approve minutes of November 14, 2006: Dave Harris
Second: John Kemmett
Vote: 3-0-0
Public Hearings
7:45 PM Notice of Intent (After-the Fact) for the construction of a connecting addition between the house and adjoining garage at 31 Ocean Ave., Map 2, Lot 946 for Deborah and Fred Burlone, Jr. (DEP #175-05___) (New Hearing) – to be continued to December 12th at 7:45 PM due to defective abutter notification.
Motion to continue: David Harris
Second: John Kemmett
Vote: 3-0-0
Appointments
8:00 PM Appointment with Joe Mara to discuss Orders of Conditions for Lot 5, Deerhill Road (Local Order #05-01)
Mr. & Mrs. Mara attended the meeting to ask for advice on how to delineate their yard from the Deed Restriction area on their property. They were not happy with the cedar posts that the Natural Heritage & Endangered Species Program (NHESP) had requested as visible boundary markers for the perpetual turtle habitat. They asked if they could make use of trees in addition to markers. The Commission asked them to put a suitable plan together and submit it for approval.
8:45 PM Appointment with Mr. Frank Demont, Jr. 289 West Washington Street
Frank Demont Jr. & Senior attended the meeting in response to a letter dated 11/7/06. They presented a written plan of action to remove the woodchips on their property to alleviate flooding on
Pennsylvania Avenue. Ms. Delaney read the letter into the record. She thought it was a good plan, however, she will look at the area periodically and if there are problems, the Commission may need more information at that time.
Motion to approve Restoration Plan and oversee with periodic inspections: David Harris
Second: John Kemmett
Vote: 3-0-0
Enforcement Issues
Letter from Donna Fairbanks, 261 Maquan Street re: woodchips and shed
Ms. Fairbanks had signed a letter stating she will spread the woodchips and remove the shed in the wetlands adjacent to her house upon sale of the property.
632 State Street – Enforcement Order
Ms. Delaney gave a recap of the situation, which started with an Enforcement Order to Mr. Landreville for filling wetlands that resulted in the filing of an inadequate Notice of Intent. After waiting for months, a revised Notice of Intent had still not been submitted. Ms. Delaney had thus drafted a revised Enforcement Order instructing Mr. Landreville to follow the Restoration Plan and complete it by a deadline of December 28th, 2006 with a $100.00 Fine. If not done, additional penalties will be assessed.
Motion to approve revised Enforcement Order with a12/28/06 deadline and $100 fine: Dave Harris
Second: John Kemmett
Vote: 3-0-0
23 Commercial Way, SE 175-466 – update
Chris Pongratz had responded to an Enforcement Order to stabilize and clean up the site. New haybales were stockpiled and the site had been paved which improved the stabilization.
Great Cedar Condos, SE 175-478 – update
There had been no response to an Enforcement Order issued on 11/16/06 to Mr. Van Aiken for non-compliance with the Order of Conditions and Construction Phase Operation and Maintenance Plan, resulting in siltation onto Main Street. Also, required Inspection Schedule and Evaluations Checklists (ISEC’s) had not been submitted.
Motion to double the present fine with new 14-day deadline and a per-diem fine for no action: David Harris
Second: John Kemmett
Vote: 3-0-0
Dunham Farms, SE 175-506 – update
Ms. Delaney reported that the applicant has made attempts to meet the requirements of the Orders of Conditions. However, she presented pictures that demonstrated the site still had serious drainage issues and has not been stabilized. Mr. Lindquist suggested that she draft a letter to the Zoning Board of Appeals itemizing the Commission’s continuing concerns, which includes siltation of wetlands, lack of stability of the site, Detention Basin 2 and the height of the weir.
Corner of Crooker and Main St., Pupek – update
The Pupek’s had hired a botanist who confirmed Ms. Delaney’s assertion that it is not likely a buildable lot. The Pupek’s need more time to clean up the stockpiled material.
Discussions
Letter to WHRHS from Sharon LaPorte regarding mitigation area (DEP #175-388)
Ms. Delaney provided clarification as to her dealing with Ms. LaPorte in that she did not instruct Ms. LaPorte to visit the site and that her client is now the School Department as per recent letters from WHRHS. Mr. Lindquist stated that the Commission is still waiting for the School to take the next step as per the Operation and Maintenance Plan.
Pilot Wetlands Bank – NOI filing fees
Consultant Fees
Public Hearings ACOE/MEPA – 12/14/06
Notification to Commissions within watershed
Ms. Delaney reported that a Notice of Intent for the Pilot Wetlands Bank Project had been received. She observed that an obsolete form was used. There was also a question as to what the appropriate fee for this type of project should be. She reiterated that our regulations regarding such fees need to be revised. Ms. Delaney stressed that it was not a State Project, but a private entity that was involved, BlueWave Strategies, and as such a consultant should be utilized for review of wetland flagging, existing conditions, meeting the interests of the acts, etc., perhaps a wildlife expert or a hydrologist. Mr. Lindquist suggested that a list be prepared of reasons for a Consultant Review. Also, he would like to schedule a meeting for next Wednesday afternoon to discuss this particular
project at length.
Environmental Report & ISEC’s from Marchionda & Assoc. re: Stonebridge Commons – reviewed
Conservation Land Management– report of Vandalism
Ms. Delaney received a call from an abutter to Conservation Land off of State Street. Kids were cutting down trees and lighting fires. She had contacted the Police who will step up patrol of the area.
Open Space Plan – RFP – update
Ms. Delaney is still making progress on putting together an RFP.
Crooker Place – clean up
Ms. Delaney reported that she had walked the site with Al Hanscom. He is filing an Request for Determination on behalf of the Town for a project that includes clean up and off-site management of
miscellaneous piles of tires, junk vehicles, miscellaneous metals and solid wastes located on Town Property.
Adjournment
Motion to adjourn at 9:00 PM: David Harris Second: John Kemmett
Vote: 3-0-0
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