HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 8, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Vice Chairman
John Kemmett, Member
Ron Grattan, Member
David Harris, Member
Absent: Philip R. Lindquist, Chairman
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept revised minutes of June 10, 2008: David Harris
Second: Ron Grattan
Vote: 4-0-0
Motion to accept minutes of June 24, 2008: David Harris
Second: John Kemmett
Vote: 3-0-1 (David Harris abstained)
Appointment
7:30 PM Appointment with Richard Flynn regarding 91 Beckett Street (DEP #SE175-385)
Mr. Flynn attended the meeting to request that the Commission consider the type of filing (a Request for Determination or a Notice of Intent) needed to complete the loaming and seeding of his septic system and additionally the construction of an addition. He had the wetlands re-delineated recently. Mr. Vacca explained that the original Order of Conditions had expired.
Motion to require that Mr. Flynn file a Notice of Intent to complete the septic and to construct a new addition: John Kemmett
Second: David Harris
Vote: 4-0-0 *A Certificate of Non Completion shall be issued for the previous filing
Public Hearings
7:45 PM Continued Notice of Intent for a proposal to upgrade a septic system and to restore a disturbed shoreline to West Monponsett Pond at 71 Ocean Avenue, Map 2, Lot 1504 for Charles & Julie Montgomery represented by John W. Delano & Associates, Inc., 220 Hudson Street, Halifax, MA 02338 (DEP #SE175-0552)
Mr. Delano submitted a copy of DEP’s approval for the septic system and a request for variance from the 50-foot no-disturb zone under the local by-law.
Motion to approve a variance from the 50-foot No-build setback: David Harris
Second: Ron Grattan
Vote: 4-0-0
Motion to approve and issue an Order of Conditions with special conditions: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Notice of Intent for the construction of a 2-car garage attached to an existing dwelling and the installation of a paved driveway with grading within the 100-foot buffer zone to a Bordering Vegetated Wetland at 301 Indian Head Street, Map 54, Lot 7C & a portion of Lot 49-1 for Jon Ridder represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0556) (New Hearing)
David Harris read the Public Hearing Notice and the abutters were verified. Steve Wry from Land Planning made the presentation. In response to Mr. Vacca’s comments, Mr. Wry had demonstrated the amount of buffer zone disturbance on the plan and submitted a Functions and Characteristics Statement as well. However, the wetland delineation worksheets were not made available. Mr. Kemmett asked when the wetland had been flagged. Mr. Wry answered that a field crew had been out there last year, but not a botanist. Mr. Vacca added that only 2 of his 4 comments had been addressed. Mr. Harris read the abutters list. Those present were:
James Ford, Indian Head St. - Had concerns with erosion onto his property and that the land under his fence had been undermined. Mr. Vacca said that it was outside of Conservation jurisdiction and that it was a civil matter between him and the landowner.
Paul Nawalzelski, Indian Head St. - Commented that the access road was not there 2 or 3 years ago. He also asserted that a ditch had been filled in and changed. He claimed there wasn’t a right of way and a substantial amount of clearing had been done on his property.
Rick Nawalzelski, Indian Head St. – Was concerned with flooding and that the wetlands weren’t delineated.
Motion to continue hearing until 7/22/08 pending a wetland delineation and the depiction of conservation posts on a revised plan: David Harris
Second: Ron Grattan
Vote: 4-0-0
8:15 PM Notice of Intent to rebuild a shed, construct an above ground swimming pool, deck and tree removal within 100 feet of a Bordering Vegetated Wetland at 79 Mayflower Road, Map 96, Lot 8-24 for John & Michelle Doucette represented by Webby Engineering Associates, 180 County Road, Plympton, MA 02367 (DEP #SE175-0555) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Joe Webby made the presentation for an above ground pool, a deck and the replacement of an existing shed. The wetlands were delineated by Sharon LePorte. To maintain a 50-foot setback to the wetland, the location of the pool required the cutting of approximately 12 trees. 2 trees are within the 50-foot buffer zone and have to be cut as well which is why the Doucette’s are requesting a variance.
The shed is on concrete blocks and the proposed shed is to remain on the same footprint to minimize any disturbance to the soil. Mr. Vacca read his comments into the record which included topping off the trees in the 50-foot buffer at 8 to 10 feet. He also suggested mitigation for work within the buffer zone such as blueberry bushes or some native vegetation.
Dave Harris read the abutters list. None were present.
Motion to continue to 7/22/08 at 8:30 PM pending receipt of a mitigation plan:
David Harris
Second: John Kemmett
Vote: 4-0-0
8:30 PM Continued 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 (DEP #SE175-0554)
Motion to continue hearing to 8/12/08 at 7:45 PM per request of applicant: David Harris
Second: Ron Grattan
Vote: 3-0-1 (David Harris abstained)
Request for Certificate of Compliance/ Extension
Request for Extension of an Order of Conditions for one year at 750 Franklin St., Meadowbrook Garden Center for Steve Alexander (DEP #SE175-327)
Mr. Steve Alexander of Meadowbrook Garden Center attended the meeting to explain to the Commission that he needed more time to complete the work started under the Order of Conditions. It had been a huge undertaking. The restoration area was completed, but an area that had been cleared had to be stumped and conservation posts had to be installed.
Motion to extend the Order of Conditions for 1 year: Ron Grattan
Second: David Harris Vote: 4-0-0
Request for Certificate of Compliance for 72 Andrew Lane, Map 80, Lot 39 for Nicole Davis (DEP #SE175-0379)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Ron Grattan Vote: 4-0-0
Orders of Conditions/Determinations
Order of Conditions to repair an existing septic system at 903 West Washington Street, Map 67, Lot 9A for Daniel and Tammy Maurano (DEP #SE175-0542) – signed
Neg. 1 Determination of Applicability at 95 Steven Street, Map 89, Lot 109A for Mr. & Mrs. Stephen Amico - signed
Orders of Conditions for the installation of a paver patio and a fieldstone wall at 81 Main Street, Map 39, Lot 11-12B for Corey Kane (DEP #SE175-0551) – signed
Order of Conditions for the construction of a driveway, grading and installation of utilities at
0 Commons Lane (off Greenbrier Lane), Map 108, Lot 5-24A for Commons Housing Trust, Robert G. White & Walsh J.A. Trustees (DEP #SE175-0549) - signed
Because the Commission inadvertently neglected to vote on a variance request for 0 Commons Lane at the last meeting, they did so now.
Motion to approve variance from the 50-foot no build setback: John Kemmett
Second: Ron Grattan
Vote: 3-0-1 (David Harris abstained)
Enforcement Issues
60 Bowker Lane
Mr. Vacca informed the Commission that the property owners are in violation of the Act as well as the Town By-Law and a letter went out today enumerating the activities that included tree cutting, weed whacking and the construction of a shed within the BVW. Also, a drainage system along the driveway was discharging unabated into the wetland.
Blanket Permit
314 Spring Street- above ground swimming pool – duly noted
Discussions
Camp Kiwanee
Mr. Harris asked about the status of Camp Kiwanee. Mr. Vacca answered that the unauthorized sand that had been dumped there was removed. Also, Phase I of the project had been completed and the pond elevation was lowered. Phase II is to be discussed with Alan Hanscom. Mr. Vacca will update the Commission at the next meeting on 8/12/08.
Blanket Permit Determination of Applicability
Motion to discuss Blanket Permit at the 8/12/08 meeting: David Harris
Second: Ron Grattan Vote: 4-0-0
Invoice and payroll signing authority
Motion to approve Philip Lindquist and Frank Schellenger to sign payroll for FY 2009: David Harris
Second: Ron Grattan Vote: 4-0-0
Motion to approve Commission members as signatories for invoices for FY 2009:
David Harris
Second: Ron Grattan Vote: 4-0-0
Old Business/New Business
MACC/annual membership dues/bill – signed
Agent Mileage – signed
Duxbury Clipper/bill – signed
Executive Session
9:00 PM Frank Schellenger 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 because a public discussion of these strategies will have a detrimental effect 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.
9:25 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 9:25 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
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