HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 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, Member
John Kemmett, Member
Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of 4/08/08: David Harris
Second: Ron Grattan
Vote: 5-0-0
The Agent’s Report has been appended to the minutes of April 22nd, 2008.
Appointment
7:30 PM Connors/Colclough 890 and 922 Winter Street
Mr. Colclough of 922 Winter Street reported that sedimentation had migrated across his driveway and onto his property from the adjacent construction site at 890 Winter Street during a heavy rainstorm. Mr. Vacca conducted an inspection at 890 Winter Street and met with the owner, Mr. Connors. The site was not stabilized and a significant amount of water was coming from the downspouts. Mr. Vacca also observed a possible wetland area on Mr. Colclough’s property that was questionable, although an Order of Conditions had never been issued. General Contractor, Ed Johnson was at the meeting and confirmed to the Commission that there is a landscaping plan, the area will be grassed and he’ll put in some drainage tomorrow. Mr. Vacca suggested that haybales will minimize the
sedimentation and some remedial action would take care of the water flow. The Commission determined that in the future, it would be a private matter between Mr. Connors and Mr. Colclough.
Public Hearings
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 a date uncertain: Dave Harris
Second: Ron Grattan
Vote: 5-0-0
Ms. Nehiley reminded the Commission that the applicant will have to re-advertise and re-notify the abutters at such time when the hearing is rescheduled.
7:45 PM Request for Determination of Applicability for a proposal to construct a patio to cover a farmers porch at 312 East Washington Street, Map 99, Lot 12 for Bruce Davison (owner) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Bruce and Kathleen Davison were in attendance and Mr. Davison made a presentation to the Commission. Walter Hewitson had delineated the wetlands. Mr. Vacca suggested that because the activity was 65’ from the wetland and it was in a previously disturbed area, the Commission approve the project and issue a Neg. 3 Determination. No abutters were present.
Motion to approve and issue a Neg. 3 Determination: Ron Grattan
Second: David Harris
Vote: 5-0-0
8:00 PM Request for Determination of Applicability to perform soil observation holes within abandoned cranberry bogs to determine the extent of bogs that were developed from upland areas on the westerly side of Lakeside Road, Map 79, Lots 26-2, 26-2A, 26-2B for Coleman Earner represented by Land Planning, Inc. 1115 Main Street, Hanson, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Wry of Land Planning made the presentation for a proposal to conduct test pits in bog areas thought to be created in uplands. Mr. Lindquist asked for comments from abutters. Those present were:
Doris Carlin, Cross Street – She inquired when the results of the tests would be known. Mr. Wry answered that the results would be evident immediately. Also, Mrs. Carlin wanted to know if more houses were going in. Mr. Lindquist explained that if anything further was proposed, abutters would be notified at that time.
Tom Canney, Lakeside Road – No comment.
Fred Johnson, Lakeside Road – Mr. Johnson wanted to know how many lots would be approved. Mr. Lindquist reiterated that at this time, the discussion was exclusive to the tests pits and determining the hydrology of the soils.
Mr. Vacca gave a synopsis of the distinction between an upland versus a wetland bog and how the differences can be ascertained by looking at the soil profiles and hydric conditions. If the bog is found to be upland, a request is then made to DEP to change the designation of the bog.
Motion to close hearing and issue a Neg. 3 Determination of Applicability with conditions: David Harris
Second: John Kemmett
Vote: 5-0-0
8:15 PM Request for Determination of Applicability for the excavation of two (2) percolation test pits at 91 Ocean Avenue and Ocean Avenue, Map 2, Lots 1522,1529 and 1559 for Allen & Audrey Hayward represented by South Shore Survey Consultants, 167R Summer Street, Kingston, MA (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mark Casey of South Shore Survey Consultants made the presentation of a proposal for the performance of tests pits. A conceptual drawing was submitted of a new septic system. A Notice of Intent will eventually be filed with a completed design plan. Mr. Lindquist asked why they were changing the system. Mr. Casey answered that the Hayward’s were under court direction to do so. In addition, Mr. & Mrs. Hayward requested permission to remove 4 apple trees and 2 peach trees. Mr. Lindquist asked if any abutters were present. Those present were:
Kevin Smith, 81 Ocean Ave. – Is dissatisfied with having to look at this system.
Dean Anderson, 62 Ocean Ave. – Mr. Anderson was of the opinion that the work being proposed was on somebody else’s property and that the Hayward’s have been filling in wetlands.
Mr. Schellenger inquired whether the tests pits were being performed in an upland. Mr. Vacca answered yes. Mr. Casey reiterated that the design of the system would be the best scenario in terms of the environment because of the separation to groundwater. Also, they had done extensive survey work that would be signified by their professional stamp on the plan. He explained that the tests will be witnessed by the Board of Health agent. The Commission directed Mr. Vacca to also be present to look at the soil profiles.
Motion to approve and issue a Neg. 3 Determination of Applicability: Frank Schellenger
Second: David Harris
Vote: 5-0-0
8:30 PM Continued Abbreviated Notice of Resource Area Delineation to determine the accuracy of a wetland delineation at “Off Whitman Street”, Map 109, Lot 4 for Thomas J. Hastings Co., LLC represented by McKenzie Engineering Group, Inc., 150 Longwater Drive, Norwell, MA 02061 (DEP #SE175-0546)
Motion to continue to 5/13/08 at 7:45 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 5-0-0
8:45 PM Continued Notice of Intent for a proposal to repair an existing septic system which is partially located with the 100’ buffer zone and 200’ outer riparian zone to the Shumatuscacant River at 903 West Washington Street, Map 67, Lot 9A for Daniel and Tammy Maurano represented by Outback Engineering, Inc., 165 E. Grove Street, Middleboro, MA 02346
(DEP #SE175-0542)
Motion to continue to 5/13/08 at 8:00 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 5-0-0
9:00 PM Request for Determination of Applicability to perform exploratory tests pits for the delineation of solid wasted and/or ash at the Town Transfer Station for the Town of Hanson, Board of Health represented by BETA Group, Inc., 315 Norwood Park South, Norwood, MA 02062 (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Alan Hanscom of BETA Group made the presentation for an Administrative Court Order by the DEP to perform test pits to determine the extent of solid waste/ash at the Transfer Station. This activity is exempt from the Wetlands Protection Act but because it is within the buffer zone, it falls within jurisdiction of the Hanson Wetlands Protection By-law. The adjacent wetlands are located in East Bridgewater. After the Comprehensive Site Assessment is completed, a Corrective Action Alternative Analysis shall be prepared. Mr. Vacca suggested that the test pits be mulched after completion and that he be present during the excavations.
Motion to approve and issue a Neg. 3 Determination with conditions: Ron Grattan
Second: David Harris
Vote: 5-0-0
Blanket Permits
· Negative Determination of Applicability for installation of above-ground swimming pool at 89 Holly Ridge Drive, Map 111, Lot 115 for Jeffrey Meyers - duly noted
Enforcement Issues
62/51 Ocean Avenue
Mr. Vacca reported that fines continue to accumulate. He had conducted several site inspections since the last meeting and the silt fence has not been installed and more car junk appears and disappears on a random basis. A court date should be scheduled at the end of May or beginning of June.
270 Main Street
Mr. Vacca reported that the certified letter sent to the Management Company was returned undeliverable. Previously, Mr. Vacca had talked with Mr. DiDonna who indicated that he would take care of the problem with the dumpster. Mr. Vacca will continue to take the necessary steps to motivate Mr. DiDonna to comply.
Discussions
Mr. Grattan mentioned that he had a conversation with Don Ellis about the water rights at the outlet of Maquan Pond. Mr. Vacca suggested that in the short term, erosion control be installed between the beach and the stream to prevent further material from migrating into the stream. The parking lot drainage issues will have to be resolved. Some provisions must be made to clean out the pipe to a sufficient depth and a control structure installed to maintain a minimum flow
out of the pond. Long term, some engineering has to be done and decision made as to keeping the pipe or removing the pipe and restoring the stream with a weir structure. Mr. Vacca updated the Commission that he had spoken with the people from Edgewood Bogs who indicated that they had water rights exclusively. Mr. Schellenger commented that the Commission not let this situation sit.
Adjournment
Motion to adjourn at 9:20 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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