HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 14, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall
Present: Frank Schellenger, Vice Chairman
John Kemmett, Clerk
Ron Grattan, Member
Absent: Philip R. Lindquist, Chairman
David Harris, Member
Rebecca Nehiley, Administrative Assistant
Also Present: Richard Vacca, Agent
Minutes
Motion to approve minutes of July 24th, 2007: Ron Grattan
Second: John Kemmett
Vote: 3-0-0
Mr. Vacca’s Agent’s Report has been appended to the Minutes of August 14, 2007
Discussions
Lot 5, 10 Deer Hill Road - Joe Mara, owner
A request from Mr. Mara was received to offer an alternative to the cedar conservation posts that are required on his property at the 50-foot buffer zone. He proposed to enclose the posts in a PVC sleeve and top them with a decorative birdhouse. An illustration was enclosed.
Motion to approve proposal providing appropriate signage is evident: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
118 Spring Street – Mr. Vacca reported he made a follow up inspection based on a letter from the former agent dated 8/14/06 to the owner, Alan Auriemma, requesting him to cease and desist of activity in a wetland in the rear of his property. On July 31, 2007, the area appeared to be relatively un-disturbed. Mr. Vacca had drafted a letter to Mr. Auriemma, after conferring with Mr. Lindquist, confirming substantial compliance and requesting that three conservation posts be placed at the treeline to protect the wetland area in question in perpetuity.
Motion to approve sending the letter: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
Request for an Extension to the Order of Conditions for Stonebridge Commons (DEP #SE175-396)
Motion to approve a one-year extension to September 23, 2008: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
Certificate of Compliance Requests
Request for Certificate of Compliance for the Hanson Police Station, 775 Main Street, Map 34, Lot 10 (DEP #SE175-518) – Mr. Vacca confirmed the project was in substantial compliance. The catch basin in question had been fixed and the change in the Stormwater Management system out front had taken place outside of the jurisdiction of the Conservation Commission.
Motion to approve and issue a Certificate of Compliance with perpetual conditions: Ron Grattan
Second: John Kemmett
Vote: 3-0-0
Request for Certificate of Compliance 45 Park Street, Map 42, Lot 53 for Carlos & Beth Giffoni (DEP #SE175-508)
Motion to approve and issue a Certificate of Compliance: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
Enforcement & Legal
81 Ocean Ave. – Mr. Vacca reported that the office had received a complaint of a dumpster parked near the edge of the pond. After inspecting, he determined that the dumpster was full of construction debris. He requested of the owner that the dumpster be covered and emptied. Subsequently, the dumpster had been covered. However, the owner is claimed financial hardship. Mr. Vacca would like direction from the Commission as to how to induce compliance from the homeowner. Mr. Schellenger suggested that Mr. Vacca continue to monitor the situation as he has been and report any progress on August 28th.
Showcase Cleaning Service – A call was received from a resident of Capt. Nathaniel Drive reporting that the aforementioned company was illegally emptying cleaning water tanks into a catch basin. Mr. Vacca and Mr. Kemmett met with the neighbor onsite and witnessed that the catch basin appeared sudsy. A call and message was left to the Company. The driver of the Company denied the allegation the next day.
Motion to send a warning letter to the Company putting them on notice with no requirement to appear before the Commission: John Kemmett
Second:
Vote: 3-0-0
Public Hearings
7:45 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)
Motion to Continue to August 28th at 8:15 PM: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
Steve Barrett of BlueWave Strategies arrived late and submitted a draft response to the comment letter from the Commission dated 1/16/07. Mr. Barrett requested that the hearing be continued until the first meeting in September. He mentioned that the Army Corps of Engineers conducted a site walk and did not have an issue with the Commission’s consultant’s review. He also said that money would be forthcoming for the conclusion of the consultant review.
8:15 PM NOTICES OF INTENT for Deer Hill Road Extension, Lots 9A, 10A, 11A, 12A & 13A, Map 102, Lots 7 & 18-4 consecutively for the construction of single family dwellings, septic systems and associated site grading for Richard Beal, A.W. Perry, Inc. represented by Merrill Associates, 427 Columbia Road, Hanover, MA (New Hearings ) (DEP #’s SE175-0528, SE175-0529, SE175-0530)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Kemmett inquired as to Board of Health approval. Seth Krueger of Merrill Associates answered that 9A, 10A, 11A were given verbal approval, 13A was approved and 12A was under review. All of the Notices of Intent were submitted to Natural Heritage who had issued a letter determining that the proposed construction will not disturb the resource areas or habitat. Mr. Vacca confirmed that his comments on the filing were substantially complied with, with the exception that the Function and Characteristics statements were omitted and that the erosion control detail must be modified. Mr. Vacca also mentioned that the lot corners and the septic systems had not been staked out in the field at the
pre-hearing inspection. Mr. Krueger submitted two variance requests for 379 sq. ft. of disturbance within the buffer zone on lot 9A and 2,500 sq. feet of disturbance on lot 12A. These areas will be re-planted as approved by the Natural Heritage’s Conservation Management Plan. The abutter’s list was read. Those present were:
John F. Aiello, Jr. – Questioned whether the Commission will approve the project even though the houses and septic systems are not staked. He questioned the location of the house on Lot 12A. Paul Gallagher of A.W. Perry explained that the lot is right outside the jurisdiction of Natural Heritage because of the turtle habitat and that is why it is somewhat constrained. Mr. Aiello also questioned whether the new owner’s would be provided with copies of the deed restriction. He also questioned whether Lot 13A was going to have a swimming pool. Mr. Krueger answered no, that was a typo on the NOI and was since corrected.
Mr. Vacca made the suggestion that the swimming pools proposed on Lots 10A & 11A as special condition of approval, have non-backwashing filtration systems to prevent erosion of the resource areas and that non-chemical sanitizing systems are required.
Motion to continue hearings until August 28th at 8:15 PM pending staking of the lot lines and septic systems and approval by the BOH: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
8:45 PM Notice of Intent for the proposed construction of a single family dwelling with associated driveway, septic system, grading and landscaping within 100 feet of a Bordering Vegetated Wetland at Lot 1, Lakeside Road, Map 88, part of Lots 7 & 8 for RHD Realty Trust, 708 White Pine Tree Road, Venice FL represented by Vautrinot Land Surveying, P.O. Box 144, Plympton, MA (New Hearing) (DEP #SE175-0527)
John Kemmett read the Public Hearing Notice and the abutters were verified. Al Vautrinot submitted a revised plan and made the presentation for the proposal of a single-family house located on a narrow retreat lot with a considerable amount of wetlands. No work is proposed within the 50-foot buffer zone. Mr. Vautrinot confirmed that the area in not within an Area of Species of Special Concern according to the latest Natural Heritage map. Mr. Vacca requested that a Functions and Characteristics Statement identifying the particular resource area in question and whether the project would have an adverse affect on any of the eight interests of the Act or the Local By-law be submitted. The abutter’s list was read. Those present were:
Lawrence Mead – Questioned whether the lot was buildable. He thought it was Conservation Land. Mr. Vautrinot answered that Roland Leary does not own the land anymore.
Edward McNeil – Present, no comment.
Salvatore Garafalo – Had a question about the 50-foot buffer zone and the location of the driveways.
Suzanne & Scott Walsh – A letter from Scott R. Walsh & Family was read into the record by Mr. Vacca. This letter has been appended to the minutes.
Stephen Cloutman – Opposes the construction. Appreciates the woods and the privacy. Thought the lot and area of construction was a little tight.
John & Emelia Caliri – Mr. Caliri thought the lot was too small and that it would be difficult to maintain a 50-foot buffer with the foundation being 3 feet from the haybales. Mrs. Caliri had a question about the limit of work and had a concern with erosion into the wetland. Mr. Vautrinot answered that haybales will be installed and maintained to prevent erosion. Mrs. Caliri also had a concern of the location of a well. Mr. Vautrinot said a well was not proposed.
Joseph Pokaski – Empathizes with abutters because of problems they have had with a previous development off of Cross Street.
Motion to continue to August 28th at 8:30 PM pending receipt of outstanding items on Mr. Vacca’s report: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
9:00 PM Notice of Intent for the proposed construction of a single family dwelling with associated driveway, septic system, grading and landscaping within 10 feet of a Bordering Vegetated Wetland at Lot 2, Lakeside Road, Map 88, parts of Lots 7 & 8 for RHD Realty Trust, 708 White Pine Tree Road, Venice FL represented by Vautrinot Land Surveying, P.O. Box 144, Plympton, MA (New Hearing) (DEP #SE175-0526)
John Kemmett read the Public Hearing Notice and the abutters were verified.
Motion to continue to August 28, 2007 at 8:45 PM pending receipt of outstanding items on Mr. Vacca’s report: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
9:15 PM Notice of Intent for a proposal to construct a septic system with related site work within 100 feet of a Bordering Vegetated Wetland at 314 Spring Street, Map 108, Lot 21 for Lisa Rose represented by Webby Engineering Assoc., Inc., 180 County Road, Plympton, MA (New Hearing) (DEP #SE175-05__)
John Kemmett read the Public Hearing Notice and the abutters were verified. Joe Webby made the presentation for a septic repair. The wetlands were delineated by Sharon LePorte. A Presby-Enviro Septic System has been proposed so as to reduce the height of the mound. A variance was requested because the construction is within the 50-foot buffer zone. Mr. Webby requested that a siltation sock be substituted for haybales. The system has been approved by the Board of Health. Mr. Kemmett requested that a buffer of a conservation seed mix be planted on the slope of the septic because of the proximity to the wetland. The abutter’s list was read. None were present.
Motion to continue to August 28, 2007 at 9:00 PM pending receipt of outstanding items in Mr. Vacca’s report and a DEP #: Ron Grattan
Second: John Kemmett
Vote: 3-0-0
Old Business/New Business
Harry B. Harding & Sons/bill – signed
Dorr’s Print/bill – signed
Mileage – signed
Adjournment
Motion to adjourn at 10:30 PM: John Kemmett
Second: Ron Grattan
Vote: 3-0-0
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