HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JANUARY 9, 2007
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 of the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
Ron Grattan, Member
John Kemmett, Clerk
David Harris, Member
Also Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept minutes of December 12th, 2006: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
Appointments
7:45 PM Appointment with Ed O’Donnell regarding at 999 Main Street
Mr. & Mrs. O’Donnell attended the meeting. Ms. Delaney briefly discussed the timeline of events that started about two years ago. Initially, Mr. O’Donnell said he was going to clean up the rear of the property and remove some railroad ties. Mr. O’Donnell also claimed his plan involved removal of earth to facilitate better drainage on the site. In 2005, he submitted a plan demonstrating conditions at the site and placement of haybales. At the Commission’s request, Ms. Delaney had inspected progress about 6 weeks ago and found the activity to be much more extensive than originally described and siltation was occurring from the site. Some of the work was within 100 feet of a wetland as well. Mr. Lindquist suggested that the Commission
require definition in writing of Mr. O’Donnell’s current and future plans for the site.
Motion to require Mr. O’Donnell to file a Request for Determination of Applicability with a plan and documentation in writing of any future activity: John Kemmett
Second: David Harris
Vote: 5-0-0
Public Hearings
8:00 PM Continued 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 #175-0515)
Mr. Burlone was required to submit a plan to Natural Heritage and was awaiting their decision.
Motion to continue to February 13th, 2007 at 7:45 PM: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
8:10 PM Continued Notice of Resource Area Delineation to determine whether the boundaries of resource areas depicted on a Plan of Land at Reed St., Map 33, Lot 14-3 are accurately delineated for David Bonney (DEP#SE175-0513)
Ms. Delaney advised the Commission that the plan had been accurately revised per re-surveying by Webby Engineering facilitated by a consultant review for the Commission. She recommended approval.
Motion to approve the wetland line per a revised plan dated 12/18/06 and issue an Order of Resource Delineation: Frank Schellenger
Second: David Harris
Vote: 5-0-0
8:15 PM Continued Notice of Intent for the Taunton Watershed Pilot Wetlands Mitigation Bank which proposes to create 9.3 acres of new wetlands and enhance 16.2 acres of bog to forested wetlands at the Burrage Pond Wildlife Management Area in Hanson by BlueWave Capital, LLC, 137 Newbury Street, fl 7, Boston, MA 02116 represented by Beals & Thomas, Inc., 144 Turnpike Rd., Southborough, MA (DEP #SE175-___)
Mr. Lindquist opened the hearing by reading a list of the Commission’s primary concerns previously discussed on December 12th, 2006. Mr. Lindquist reiterated that the Commission required consultant fees for the review process to begin. Also, it was requested that the comments addressed in the 12/12/06 memo by the Agent were answered in writing. Lastly, an extension was requested for the comment period for Army Corp. of Engineers and MEPA. An extension had been granted. However, since the former two items had not been forthcoming, Mr. Lindquist suggested that the hearing be continued with no further review of the project.
Those in attendance were Steve Barrett, Project Manger for BlueWave Stategies, LLC, Eric Las, Engineer, Stacy Minihane, Environmental Scientist, and John Thomas, all of Beals and Thomas. Mr. Las informed the Commission that a Review Team meeting had been scheduled for February 9th to discuss how to proceed with the permitting process at the state and local levels. Ms. Delaney mentioned that a project of this size (5000+ wetland flags) usually begins with an ANRAD, which would have facilitated a more speedy review. Although, the Commission has started the hiring process by obtaining several proposals for a consultant review, they cannot proceed until monies are submitted by the applicant, as per Town of Hanson Rules and Regulations and Section
53G of G.L., Ch.44. Also, because this is a commercial project, by-law fees are due as well and should have been submitted with the Notice of Intent. The process for requesting a variance from all or a portion of the By-law fee was explained (Section 4). Ms. Delaney suggested that the variance be requested within the context of the written response to the Commission’s comments which is due at least a week before the next hearing. Mr. Lindquist mentioned that Commission member, Frank Schellenger, had listened to the tape of the last
hearing, therefore could participate in this and future hearings as per M.G.L. Ch.39, Sect. 23D as adopted at the October 2, 2006 Special Town Meeting..
Motion to continue to February 13th, 2007 pending a written response to the comment letter and submittal of Consultant Review fees: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Discussions
Burrage Pond Wetlands Banking
· DEP 401
· MEPA Comments
· ACOE Comments
· Old Colony Planning Council Comments
· Halifax Conservation Commission Comments
· NHESP letters
· Consultant Proposals
Copies of the above mentioned items had been copied and distributed to the Commission members.
Plymouth County Mosquito Control Project – reviewed
MA Electric Co. 2007 Yearly Operational Plan (YOP) for Vegetation Management Treatments along the rights of way – reviewed
Extension Permit for 91 Forest Trail Map101, Lot 5D-4 (DEP #SE175-413) Bruce Boyd attended.
Ms. Delaney reported that pursuant to a Request for an Extension, she had inspected and discovered that alteration to the BVW had occurred. A boulder wall had been constructed and more extensive work was conducted, i.e. concrete pad in the buffer zone. She suggested a revised mitigation plan and proposed a conditional Extension if Mr. Boyd agreed. Otherwise, he would have to file for a new Notice of Intent. He agreed to the terms.
Motion to issue a Conditional Extension: David Harris Second: Ron Grattan Vote: 5-0-0
Memo regarding Police Station/drainage design
A letter to the Town Administrators Office dated 11/14/06 regarding changes to the drainage design was discussed. It was decided that a letter be written to the Engineer requesting that a description of the alternative stormwater treatment design is submitted to the Commission per Condition #13 of the Order of Conditions so that a determination can be made on the change in the approved plan.
Thomas Mill landscaping under a Determination of Applicability
Don Ellis had informed the Commission that he will be doing some minor work at the mill under his permit, such as plantings of shrubbery. He has until April to complete the work.
New England Environmental Annual Report for Wetland Replication at Stonebridge Commons
Ms. Delaney reported that she had received a thorough report.
ISEC’s for Great Cedar Condominiums for the weeks of 12/19/06 and 1/2/07
Ms. Delaney reported that the project was back on track.
Letter from DEP regarding Appeal filed for 1139 Main Street (DEP #SE175-0460)/ site walk scheduled for January 17, 2007 at 9AM – duly noted
*Division of Fisheries and Wildlife Permit Tracking for Deerhill Road Extension Phase II
*Division of Fisheries and Wildlife Letter to Fred Burlone, 31 Ocean Avenue
*Pleasant Street Wellfield
*MSMCP Brown Bag Workshop – see handout
*Blanket Determination for 287 Liberty Street – new plan submitted
*Blanket Determination fo 20 Arlene Street
*Above-mentioned items were reviewed but not discussed.
Building Inspectors Requests
· Pump House- Ridder Bog– Mr. Lindquist suggested Janine call Mr. Ridder to request permission to go on the site
· 169 & 169A Franklin Street car dealers
Enforcement
632 State Street – Landreville – No response to second EO
Great Cedar Condos –now in compliance, fine paid
23 Commercial Waye – now in compliance, fine paid
Blanket Determination for 69 Arlene Street – After-the-Fact
Ms. Delaney reported that Bob Crowell submitted a plan on 12/18 showing the perc’s had already been conducted on 12/12.
Motion to issue an Enforcement Order and require an After the Fact Blanket Permit Application: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Certificate of Compliance
Certificate of Compliance for 203 Liberty Street, (SE175-0502)
Motion to issue COC for 203 Liberty Street: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Request for Certificate of Compliance for 56 Indian Path (SE175-425)
A standard form letter regarding the expiration of the Order of Conditions was mailed out. The owner was upset that a plan and a letter from an engineer were required for a Certificate of Compliance. Ms. Delaney questioned the need for an As-built from an engineer as the project was just an addition. No septic was installed. She questioned whether boiler-plate condition for engineer’s As-built is necessary for such a project. Not foundation As-built was on file with the Building Department.. Mr. Schellenger commented that the rules should be followed and the owner should get the plan.
Request for Certificate of Compliance for 89 Holly Ridge (SE175-419)
In response to a Request for a COC, Ms. Delaney inspected and found some deficiencies in the finished project from the original plan. Also, the new owner was unaware of an Order of Conditions, however was in need of an Occupancy Permit. Ms. Delaney put together a letter so he could close and move in, but the Keene’s are still responsible for the out-standing conditions.
Motion to deny Certificate of Compliance: John Kemmett
Second: Ron Grattan
Vote: 5-0-0
Old Business/New Business
Duxbury Clipper/bill –signed
MACC Annual Conference/bill – signed
Adjournment
Motion to adjourn at 9:10 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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