HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JANUARY 22, 2008
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 at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris
John Kemmett, Member
Ron Grattan, Member
Absent: 0
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of 1/8/08: David Harris
Second: Ron Grattan
Vote: 4-0-1 (Phil Lindquist abstained)
The Agent’s Report has been appended to the minutes of January 22nd, 2008.
Appointments
7:30 PM Appointment with Audrey Hayward to comment on previous Enforcement Order to Mr. Dean Anderson
Mr. and Mrs. Hayward, abutters to Mr. Anderson attended the meeting so that Mrs. Hayward could comment on the situation at 62 Ocean Ave. She read a letter into the record (attached) which asked that the Commission reconsider the time limit of 6 months to enforce installation of erosion control at 62 Ocean Ave.. Mr. Vacca read a similar letter from Linda Hauge into the record. Mr. Harris commented that he was amicable for a change in the language of the Enforcement Order.
Motion to amend the Enforcement Order dated 12/12/07 to require Mr. Anderson to replace the woodchips with haybales within 72 hours after notification: John Kemmett
Second: Ron Grattan
Mr. Schellenger commented that time frame was too narrow and suggested two weeks instead. All were in agreement.
Vote: 5-0-0
Public Hearings
7:45 PM Notice of Intent for a proposal to construct a single family dwelling with associated driveway, septic system, grading and landscaping within the buffer zone to a Bordering Vegetated Wetland at Lot 2 Lakeside Road, Map 88, part of Lots 7 & 8 for RHD Realty Trust represented by Vautrinot Land Surveying, Inc., P.O. Box 144, Plympton, MA. This Notice has been filed under the Hanson Wetlands Protection By-law only (Hanson By-Law #08-01)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Al Vautrinot made the presentation. This project was previously approved by the Commission under the State Wetlands Protection Act but denied under the Hanson Wetlands By-Law for lack of information. Mr. Vautrinot submitted a revised plan demonstrating the location of an additional conservation post and three drywells. Also, the driveway had been pitched towards a stone swale. Mr. Vautrinot explained that the garage is 52 feet from the adjacent wetland, will be on a slab and all work will be performed within the haybales. Mr. Vacca had reviewed the filing and had a number of comments which he then itemized for the Commission. Mr. Vautrinot requested a continuance. Mr. Kemmett asked for
the stormwater calculations of the roof runoff. They were provided. Phil Lindquist questioned the elevations in relation to the driveway and to the street. Mr. Vautrinot will correct the elevations. Mr. Lindquist asked for comments from abutters. Those present were:
Fred Williams – Had concerns with flooding on this lot.
Sal Garafolo – Commented that there was a lot of fill to be brought in. Also had concerns with flooding as water flows down from Cross Street.
Mr. Kemmett asked that the yardage of fill be calculated and submitted.
Motion to continue to 2/12/08 at 8:30 PM: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
8:00 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 and submitted a revised plan that demonstrated the location of the test holes, the 50-foot buffer zone and construction detail. He explained that the purpose of the test was to determine whether it is an upland bog by looking at the soil profiles and any hydric conditions if they exist. If the bog is found to be upland, at that time they will request that DEP change the designation of the bog so that Mr. Earner can build on it.
Motion to approve and issue an Neg. 3 Determination: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Enforcement Issues
Enforcement Order for Dean Anderson for 62 and 51 Ocean Ave. to install septic system (DEP #SE175-0454 & SE175-0457) – requires ratification
Mr. Anderson was present for this portion of the meeting. Mr. Vacca read the cover letter and Enforcement Order dated 1/15/08 into the record enumerating the specifics of the violations, namely that Mr. Anderson has failed to complete the integrated septic system for 51 and 62 Ocean Ave. Currently, the home at 51 Ocean Ave. where he lives has a failed system which has the potential to pollute Monponsett Pond as well as nearby Bordering Vegetated Wetlands.
Motion to ratify the Enforcement Order dated 1/15/08: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
Mr. Anderson protested that he didn’t get the Enforcement Order. Ms. Nehiley made him a copy and handed it to him. Mr. Vacca explained to Mr. Anderson that the Enforcement Order will allow him to move forward with the septic repair.
Certificate of Compliance
Request for Certificate of Compliance for 36 Industrial Blvd. Map 59, Lot 17-2 (DEP#SE175-0494)
Mr. Vacca conducted a site inspection in response to the request. According to the as-built prepared by Webby Engineering, it appears that due to a reconfiguration of the driveway and parking area, there has been 410 sq. feet of buffer zone impact as opposed to the 220 sq. feet that was approved. Also, the site was not stabilized and the landscaping not completed. Mr. Schellenger questioned the size of the buffer zone disturbance because the buffer zone was depicted differently on the as-built than it was on the approved plan. It was his opinion that a better as-built was needed.
Motion to continue: Frank Schellenger
Second: David Harris
Vote: 5-0-0
Extension Requests
Extension Request for Lot #2, 684 Pleasant Street , Map 8, Lot 4 for one year (DEP #SE175-0455)
Motion to approve extension for one (1) year: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Discussions
MACC Annual Environmental Conference at Holy Cross College on March 1, 2008
· Frank, Dave, Phil, John and Rich all wish to go and will let Becky know which courses they would like to sign up for.
2007 Annual Report
Motion to approve and submit annual report as written: David Harris
Second: Ron Grattan
Vote: 5-0-0
Spring Street
· Mr. Vacca updated the Commission as to a report that the Highway Department had dug a trench to relieve street flooding on Spring Street. The trench was directly adjacent to a stream and the concern was that untreated stormwater would enter the resource area. Phil Lindquist suggested that the Highway Department should take steps to alleviate the flooding in that area. Mr. Vacca suggested that although the Highway Department is not exempt from filing for a permit, because it was an emergency situation, they could file an “After-the-Fact” Notice of Intent. The fees would be waived.
Motion to require the Highway Department to file an After the Fact Notice of Intent: Ron Grattan
Second: John Kemmett
Vote: 5-0-0
9:10 PM Executive Session pending litigation
Phil Lindquist asked for a motion to go into executive session under Massachusetts General Laws, Chapter 39, Section 23B (3) to discuss strategies with respect to pending litigation between the Town and Dean Anderson because a public discussion of these strategies will have a detrimental affect on the litigating position of the Town of Hanson through the Conservation Commission. A Roll Call vote was taken and each member was in favor.
At 9:45 PM, the Commission voted unanimously to come back into public session. It was announced that no votes were taken during executive session.
Adjournment
Motion to adjourn at 9:45 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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