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Conservation Minutes, May 27, 2008
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 27, 2008
TOWN HALL, 542 LIBERTY STREET, HANSON, MA

Called to Order at 8:45 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:                   Phillip R. Lindquist, Chairman
   David Harris, Member  (arrived at 8:15 PM)
                                       John Kemmett, Member                       
Absent:                           Frank Schellenger, Vice Chairman    
                           Ron Grattan, Member   
Also Present:              Richard Vacca, Agent
                          Rebecca Nehiley, Administrative Assistant

Minutes

May 13, 2008
Executive Session, May 13, 2008

A vote of the minutes was postponed until June 10, 2008.


Public Hearings

7:45 PM  Notice of Intent for the repair of a subsurface sewage disposal system at 123 Phillips Street, Map 50, Lot 30 for Bowmar Realty Trust represented by Land Planning Inc., 1115 Main Street, Hanson, MA  (DEP #SE175-0548)  (New Hearing)

David Harris read the Public Hearing Notice and the abutters were verified.  Steve Wry made a presentation for the repair of a septic system for an existing single-family house.   The existing cesspool is to be removed and a Presby System has been approved by the Board of Health with variances.  Haybales are proposed at the limit of work and they are requesting a variance from the 50-foot no disturb setback as well.  Mr. Vacca summarized remarks from his report that included a request for the sq. ft. of buffer zone disturbance, an erosion control detail on the plan and a Functions and Characteristics statement.  No abutters were present.

Motion to continue until 6/10/08 at 7:30 PM pending additional information:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0

8:00 PM  Request to Amend an Order of Conditions to repair the existing paved parking area and install a stormwater management system at 712 Monponsett Street, Map 7, Lot 1640 for Guy Thompson represented by Land Planning, Inc., 1115 Main Street, Hanson, MA  (DEP#SE175-0541)  (New Hearing)

David Harris read the Public Hearing Notice and the abutters were verified.  Steve Wry made the presentation for additional proposed work.  Since the existing pavement is in disrepair, Mr.

Thompson would like to replace it with new pavement.  Also, after having received authorization from the Zoning Board of Appeals for car-detailing, he is seeking approval for a stormwater management system that will protect the groundwater from pollution associated with the detailing.  Mr. Vacca recommended approval pending a special condition requiring the use of biodegradable soaps and chemicals as well as an Operation and Maintenance Plan for the stormwater management system.  

        Motion to approve pending receipt and approval of an O & M Plan:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0

8:15 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 6/10/08 at 9:15 PM per request of applicant:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0

8:30 PM  Notice of Intent for the construction of a new septic system with associated grading and landscaping at 91 Ocean Avenue and Ocean Avenue, Map 2, Lots 1559 & 1522  for Audrey and Allen Hayward represented by South Shore Survey Consultants, Inc.,  167R Summer Street, Kingston, MA  02364  (New Hearing)  (DEP #SE175-05___)

David Harris read the Public Hearing Notice and the abutters were verified.  Mark Casey of South Shore Survey Consultants, Inc. made the presentation for a septic repair.  Two recent test pits revealed ground water at approximately 28”.  A sieve analysis confirmed soils to be sandy loam.  The system was expanded and is closer to the Bordering Vegetated Wetland; 15’7” at the closest point.  An existing gray water system is being abandoned as per Title 5 requirements and a Versa Lock retaining wall is proposed around the leaching bed.  The Board of Health has requested that the left hand property line is shown on the plan.  Mr. Lindquist asked that a detail of the wall is shown on the plan.  In addition, Mr. Lindquist requested a dewatering detail.  Mr. Harris read the abutters list.  Those present were:

Susan Sanders and Kevin Smith, 81 Ocean Ave.:  They have appealed the Determination of Applicability for the test pits to the DEP and they will be hiring their own people to conduct tests.
Dean Anderson, 61 Ocean Ave.:  Accused the Haywards of filling wetlands.  He wants to see the permit from 1997.  

Mr. Lindquist confirmed that a decision will not be made tonight since an appeal has been turned in to the DEP.

        Motion to continue until 6/10/08 at 9:30 PM:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0

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)

Tony Esposito from Outback Engineering attended.  Mr. Vacca reported that per request at the last meeting, Ms. Bradley had submitted a revised letter, but she didn’t remember the date of the transects.  In addition, she did not observe hydric soils in the area in question as did the Commission during their site visit.  Mr. Vacca suggested that the applicant agree to adjust the disputed wetland line between flags #33 and #36 as to what the Commission observed in the field and grading for the system could be shifted accordingly out of the newly established 50-foot buffer.  Mr. Lindquist contended that the alternative was to hire a consultant to arbitrarily make a decision.  Mr. Esposito said he would look into it.  He also requested on behalf of his client that the junk and debris on the property be moved out of jurisdiction of the 50-foot buffer rather than  removed altogether.  Mr. Kemmett asked if there was an Enforcement Order on the property.  Mr. Vacca answered that there were possible violations as it is located next to a tributary of Poor Meadow Brook and upstream from the Town wellfields.   Mr. Esposito requested a continuance.

        Motion to continue to 6/24/08 at 7:45 PM:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0


Enforcement

62/51 Ocean Avenue update
Mr. Vacca reported that a court date has been set for 6/12/08 in Plymouth with Mr. Anderson.
81 Ocean Avenue
Mr. Vacca read a letter into the record from Mrs. Audrey Hayward alleging that Kevin Smith was pumping water out of his crawl space into the pond unabated.  Two pictures were submitted.   Mr. Vacca has not met with Mr. Smith, but will investigate further.

Request for Certificate of Compliance

Request for Certificate of Compliance for 558 East Washington Street, Map 1-6, Lot 9-2 for Anne Williams (DEP #SE175-378)  

        Motion to approve and issue a Certificate of Compliance:  David Harris
        Second:  John Kemmett
        Vote:  3-0-0





Order of Conditions/Determinations

Order of Conditions to construct a 12’ x 13’ three-season sunroom on a new deck at 71 Stringer Lane, Map 82, Lot 3-22 for Scott Reed  (DEP #SE175-0547)  - signed
Negative Determination of Applicability for the construction of a 12’ x 20’ shed at 162 Elm Street, Map 36, Lot 8D for Brian & Jean Dean - signed


Discussions

Purpose of drywells
Mr. Vacca reported that in response to an inquiry from Mr. Flaherty, BOH agent, a conversation about drywells was necessitated.  According to Mr. Vacca, the new state regulations suggest not requiring drywells as mitigation for stormwater for small projects because of the possibility that roof runoff might be contaminated.  The DEP recommends using surface mechanisms such as lawns or rain gardens because of their natural filtration qualities.

Wampatuck Pond shoreline
Mr. Vacca reported that Brian Clemons requested permission to spread woodchips along the Town Hall pond shoreline.

Motion to require that Mr. Clemons file a Request for Determination of Applicability:  David Harris
        Second: John Kemmett
        Vote:  3-0-0

Camp Kiwanee update
Mr. Vacca reported that work had begun last Wednesday with Al Hanscom, Town Engineer and a contractor specializing in jetting pipes.   Work is proceeding and excavation has started.  Mr. Vacca suggested that another public meeting be scheduled to establish the elevation of Maquan Pond. He will keep the Commission posted as to the progress of the work.

Letter from Brain M. Gaffey’s daughter, Linda Cole
Mr. Lindquist read a letter into the record regarding a piece of land known as the Brian M. Gaffey Conservation Area that was named in honor of her father, a former Commission Member and the Chairman at one time.  Ms. Cole would like to have a sign erected and dedicated as was originally planned for this 54.5 acre parcel (Assessor’s Map 83, Lot 3B) that is located off of County Road. Mr. Lindquist asked that Becky and Rich to find out from the Selectman if there is money for signs.      


Adjournment

Motion to adjourn at 9:40 PM:  David Harris
        Second:  John Kemmett
        Vote:    3-0-0