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Conservation Minutes, March 13, 2007
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 13, 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 R. Lindquist, Chairman, in Meeting Room A on the top floor of the Town Hall

Present:                   Philip R. Lindquist, Chairman        
  Frank Schellenger, Vice Chairman   
                                        John Kemmett, Clerk                     
  David Harris, Member
  Ron Grattan, Member   (arrived at 7:35 PM)           
   Rebecca Nehiley, Administrative Assistant
 
Minutes

Motion to approve minutes of February 20, 2007:  David Harris
Second:   John Kemmett
Vote:  4-0-0

Motion to approve minutes of February 27, 2007:  John Kemmett
Second:  David Harris
Vote:  3-0-1  (Philip Lindquist abstaining)

Public Hearings

7:30 PM  Notice of Intent for the installation of septic tanks within 100 feet of a Bordering Vegetated Wetland at 269 Spring St., Map 108, Lot 3 for Norma Jannise represented by Webby Engineering, Inc., 180 County Road, Plymouth, MA  02360 (DEP #SE175-0520)  (New Hearing)

Frank Schellenger read the Public Hearing Notice and the abutters were verified.  Joe Webby made the presentation for the upgrade of an existing 3-year old septic system.  The tanks need to be replaced with monolithic tanks.  Mr. Schellenger requested that mitigation be provided as all the work is within the buffer zone.  The Commission suggested a line of blueberry bushes and Conservation posts at the limit of work.  Mr. Lindquist asked if any abutters were present.  Mr. Walter Engstrom of 650 Whitman Street was present but had no comment.

Motion to approve Request for Variance to work within the 50-foot No Disturb Zone:  David Harris
        Second:  John Kemmett
        Vote:  5-0-0

Motion to approve and issue an Order of Conditions pending receipt of a revised plan demonstrating the above-mentioned mitigation:  Frank Schellenger
Second:  David Harris
Vote:  5-0-0

7:45 PM  Continued Notice of Intent for the repair/upgrade of a septic system within the buffer zone of a Bordering Vegetated Wetland at 41 Pearl Street, Map 88, Lot 57 for Sarah Olsen represented by Hardy Engineering, 1287 Washington Street, Weymouth, MA  (DEP #SE175-0517)   

Shawn Hardy submitted a revised plan for a septic repair per the 2/13/07 public hearing.  However, the Commission was not satisfied with the revisions.  They requested that in addition to re-locating a sump-pump discharge pipe out of the wetlands, rip-rap is installed to prevent scouring and haybales should be extended to wetland flag 8.  Also, the Commission requested that conservation permanent-setback markers are placed at the 5-foot buffer zone all around to demarcate the Bordering Vegetated Wetland in perpetuity to protect against further damage and that vegetation is allowed to grow back within this area.

Motion to approve Request for Variance to work within the 50-foot No-Disturb Zone:  Frank Schellenger
        Second:  David Harris
        Vote:  5-0-0

Motion to approve and issue an Order of Conditions pending receipt of a revised plan demonstrating the above-mentioned mitigation:  Frank Schellenger
        Second:  Ron Grattan
        Vote:  5-0-0  

8:00 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 #SE175-0516) –  continued per request of applicant to March 27, 2007 at 8:00 PM.

        Motion to continue hearing to 3/27/07 at 8:00 PM:  Frank Schellenger
        Second:  John Kemmett
        Vote:  5-0-0

8:15 PM  Continued Notice of Intent for the repair of an existing subsurface sewage disposal system within 100 feet of a Bordering Vegetated Wetland and a Riverfront Area at 70 Puritan Drive, Map 113, Lot 8-06 for Greg Hommel represented by the DeCelle Group, LLC, 149 Independence Ave., Quincy, MA  02169 (DEP #SE175-0519)  

Jim DeCelle submitted a revised plan as requested by the Commission at the previous hearing on 2/27/07.  As per the Commission, certain structures such as the trampoline, rabbit cage and sump pump pipes were shown on the plan as well as the proposed stockpile area. An Alternative Analysis was provided per request of the DEP and the field notes of the wetland scientist, Matt Long were submitted.  Since the last hearing, the system had been Board of Health approved.  The Commission asked Mr. Hommel to put rip rap at the end of the sump pump pipes to be shown on the as-built.

Motion to approve and issue an Order of Conditions with a special condition that rip-rap is installed at the end of the sump pumps:  Ron Grattan
        Second:  Frank Schellenger
        Vote:  4-1-0  (John Kemmett against)

        
8:30 PM  Continued Notice of Intent for the construction of a single family home with associated utilities, driveway, filling and grading within the buffer zone of a Bordering Vegetated Wetland at Reed Street, Map 33, Lot 14-3 for Nicole and Christopher Ebert represented by Woodward Environmental Services, 95 Spring Meadow Lane, Hanover, MA  (DEP#SE175-0518)

Philip Lindquist had listened to the tape of the hearing of 2/27/07, 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.  Ron Grattan, who was also absent at that hearing, had not listened to the tape. Joe Webby of Webby Engineering made the presentation for a revised plan. Mr. Woodward submitted a mitigation plan consisting of plantings and markers that compensated for the filling and grading in the buffer zone.  Mr. Lindquist remarked that the project infringed upon the 50-foot no build zone.   Frank Schellenger read the portion of the By-law applicable in this situation.  Mr. Lindquist read the Request for Variance into the record.

        Motion to accept Request for Variance:  Frank Schellenger
        Second:  David Harris
        Vote:  1-3-1 (Dave Harris for, Ron Grattan abstaining)

Mr. Bonney requested a continuance so that he could make changes and revise the plan.

        Motion to continue to 3/27/07 at 7:45 PM:  John Kemmett
        Second:  David Harris
        Vote:  5-0-0


Appointments

8:45 PM   Appointment with Kevin Smith, 81 Ocean Avenue in regards to a Request for Amendment to an Order of Conditions  (DEP #SE175-487)

Mr. Smith submitted a revised drawing showing a 4’7” extension to the back of the trailor to be constructed on sonna tubes.  The structure had been approved by the Zoning Board of Appeals.  The Commission decided that since it constituted more than a minor correction to the Order of Conditions, Mr. Smith would have to Request an Amendment to the OOC.  This would necessitate a new public hearing and notification of abutters.  There is no fee for an Amendment.  


Orders of Conditions

After the Fact Orders of Conditions 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) - signed


Discussion

Finance Committee Meeting – postponed until 3/20/07 at 7 PM – duly noted
Mileage for members to attend MACC Annual Meeting at Holy Cross College in Worcester –   signed
92 South Street  - Per an inquiry by the buyers of said property, Ron Grattan inspected and reported that mostly everything that was required in the Orders of Conditions was completed with the exception of the planting of mitigation and the installation of a Conservation marker.


Requests for Certificates of Compliance

Whitman-Hanson Regional High School

Philip Lindquist read a letter dated 1/12/07 from Superintendent of Schools, John McEwan into the record.   

Motion to deny Request for Certificate of Compliance with reasons for said denial outlined in a letter to the Superintendent:  David Harris
        Second:  John Kemmett
        Vote:  5-0-0  


Adjournment
        
        Motion to adjourn at 9:30 PM:  David Harris
        Second:  John Kemmett
        Vote:  5-0-0