HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 11, 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 at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris
John Kemmett, Member
Absent: Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of 11/13/07: David Harris
Second: John Kemmett
Vote: 4-0-0
Motion to pass over the minutes of 11/27/07, 11/28/07 and 12/4/07: David Harris
Second: John Kemmett
Vote: 4-0-0
The Agent’s Report has been appended to the minutes of December 11, 2007.
Public Hearings
7:30 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)
Steve Barrett of BlueWave Strategies came to the meeting to update the Commission. He distributed a Status Report summarizing the project thus far in terms of the results of the Consultant’s reviews. He suggested that the next steps would be to reconvene the Technical Advisory Committee to review the proposed changes and to have additional meetings with the Executive Office of Transportation and the Department of Environmental Protection to discuss project needs for the bank. In light of that, he requested that future hearings be continued until April of next year. Mr. Lindquist inquired whether BlueWave still wants to withdraw the Notice of Intent under the Town’s Wetland Protection By-law. Mr. Barrett replied that yes, that was still their intent based on the opinion
of the State.
Motion to continue until 4/8/08 at 7:30 PM: David Harris
Second: Frank Schellenger
Vote: 4-0-0
7:45 PM Continued Notice of Intent for a proposed driveway crossing of wetlands to gain access to an upland area of a lot and work within the buffer zone for the construction of the driveway and utilities at Adams Circle, Lot 2B, Map 119, Lots 122, , 5-2 for Paul Nicol represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0540)
Motion to continue to 1/8/08 at 7:45 PM per request of applicant: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Appointments
7:45 PM Request for a three year Extension to two (2) Orders of Conditions for 62 Ocean Ave., Map 2, Lot 1518 (DEP #SE175-0454) and 51 Ocean Ave., Map 2, Lot 8A (DEP #SE175-0547) for Dean Anderson
Mr. Vacca gave a synopsis of the current situation at Ocean Avenue. What is at issue is that the Orders of Conditions for both properties expire on 1/11/08 and Mr. Anderson has requested an extension to finish the septic and other construction work. Pictures taken recently were passed around to demonstrate that Mr. Anderson still has significant issues with compliance of the Orders. Although there has been some progress, there is still trash and debris in the adjacent wetland and erosion control has degraded. He has verbally agreed to address these issues immediately and to stabilize the property with loam and seed in the spring. Complicating things, Mr. Vacca explained that Mr. Anderson is currently in contempt of court for defaulting on his betterment loan for the installation of the
septic system which has been only partially completed. Mr. Vacca suggested to the Commission either deny the extension for violations of the Orders of Conditions or, as an alternative, at the first meeting in January grant him a 6-month extension if he cleans up/stabilizes the site as agreed and puts his intent in writing to the Commission. If these conditions are not met by 1/8/08, the Commission could proceed with an enforcement order to compel Mr. Anderson to address the violations. Mr. Lindquist asked for comments from abutters. Those present were:
Audrey and Al Hayward - The Hayward’s expressed their extreme opposition to an Extension to the Orders of Conditions. They feel that Mr. Anderson has been given numerous opportunities to finish what has been started. Mrs. Hayward read a letter she composed into the record expressing dismay at having to live next to an unfinished construction site for the last 3 years. Her feeling is that an Enforcement Order would more likely be an incentive to Mr. Anderson to get the job done. She went on to say that the project has languished for too long and because a Superior Court judge did not give Mr. Anderson an extension, she feels the Commission should not grant one either.
Mr. Lindquist asked what would happen if the Extension were denied. Mr. Vacca replied that Mr. Anderson would have to “start from scratch” and re-file a new Notice of Intent. Mr. Vacca reiterated that Mr. Anderson could stabilize the site, remove the junk from the wetlands and fill the septic hole, etc. under an Enforcement Order. In the interest of time, this discussion was postponed for a few minutes to conduct another hearing.
8:00 PM Continued Notice of Intent for a proposal to construct a single family home, driveway, septic system, utilities and grading within 100 feet of a Bordering Vegetated Wetland at State Street, Lot 2A, Map 119, Lots 122, 5, 5-2 for Paul Nicol represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0538
Motion to allow withdrawal of Notice of Intent without Prejudice: David Harris
Second: John Kemmett
Vote: 4-0-0
8:15 PM Continued Request for Determination to perform deep hole and perc tests for the proposed primary and reserve leaching areas within the 100-foot buffer zone of a Bordering Vegetated Wetland at Lot 2 Lakeside Road, Map 79, Lot 26-2 for Coleman Earner represented by Land Planning, Inc., 1115 Main Street, Hanson, MA
Ben Gilmore representing Mr. Earner attended the meeting to inform the Commission that since the last meeting, because of questionable observations of plant species and inconclusive test holes using hand augers at Lot 2, Lakeside Road, Mr. Earner wants the Commission to allow him to perform deep test pits to examine the soil layers. They feel that this would determine conclusively whether the bog in question is upland. The plan is to divide the bog into 4 quadrants to dig deep test holes within the footprint of the original bog and re-grade the site afterwards. Mr. Kemmett requested that a revised plan is submitted with the details evident. Mr. Earner agreed.
Motion to continue to 1/8/08 at 8:15 PM pending a revised plan: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
51 & 62 Ocean Avenue - Resumed
Frank Schellenger commented that because Mr. Anderson has an Order of Conditions, it was redundant to deny the Extension and have him re-file to finish the septic system. Mr. Kemmett agreed it would slow things down. Mr. Harris commented that the project has gone nowhere and suggested that the Commission conduct a site visit. Mr. Vacca summarized the Commission’s options. 1) Deny the Extension or… 2) Issue an Enforcement Order or… 3) Continue until the next meeting to conduct a site walk or… 4) Grant an extension for a limited amount of time i.e. 3 to 6 mos..
Motion to deny Extension: John Kemmett
Second: Frank Schellenger
Vote: 4-0-0
Motion to issue Enforcement Order to install new erosion control on west side, remove the debris from the woods in the southwest corner and dispose of offsite, stabilize the yard, no new debris brought in, with a deadline of 1/7/07: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Determination of Applicability/Amended Orders/Extension Permit
Amendment to an Order of Conditions to allow a revision to the approved plan to install a retaining wall and fence within the previously approved limit of work at 99 Ransom Road, Map 63, Lot 1 for Derrick & Elizabeth Welch (DEP #SE175-0512) -signed
Determination of Applicability for loaming and seeding, a crushed stone pathway, and planting beds within the buffer zone to a Bordering Vegetated Wetland at 141 Pennsylvania Ave., Map 84, Lot 2A-12A for David & Vicki Aghajanian – signed
Extension of an Order of Resource Area Delineation (ORAD) for three years at Elm Street & Nina Drive, Map 27, Lots 3,4-6 for Ellis Construction Corp. (DEP #SE175-458) – signed
Activities
Mr. Vacca updated the Commission on the status of the mitigation area at the High School. Sharon LePorte of Lady Slipper Woods had written a progress report to the Director of Facilities of the High School of which the Conservation Commission had received a copy.
Mr. Vacca also noted that the kick-off meeting for the Open Space and Recreation Plan was held on 12/12/07 at 1 PM and a CPA (Community Preservation Act) Meeting was held on the 1st of December.
Old Business/New Business
Duxbury Clipper/bill – signed
Amory Engineers/bill – signed
Aramak/bill – signed
Adjournment
Motion to adjourn at 9:15 PM: Frank Schellenger
Second: John Kemmett
Vote: 4-0-0
| 
