HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 14, 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
David Harris, Member
Ron Grattan, Member
Absent: Philip R. Lindquist, Chairman
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept the minutes of September 23, 2008: David Harris
Second: John Kemmett
Vote: 4-0-0
Discussions
Request for a “Minor Correction” to an approved plan for 32 Kings Landing Way, Map 72, Lot 3-6 for Todd Arnone (RDA)
Mr. Arnone attended the meeting to explain to the Commission that he had made a minor change to the approved plan by adding a couple of feet to the dimension of the carport per the suggestion of the contractor. Mr. Vacca said that the work is being accomplished on the upland side of the erosion control and would pose no additional disturbance to the adjacent resource area. He recommended approval.
Motion to approve the change to the plan as a “Minor Correction” David Harris
Second: Ron Grattan
Vote: 4-0-0
Request for a “Minor Correction” to an approved plan for 17 Deer Hill Road, Lot 11A for Fred Morneau on behalf of owner Wayne Turner (DEP #SE175-0529)
Mr. Vacca recommended approval of a proposed pressure treated retaining wall in lieu of a rock wall as a “Minor Correction” as the work will be performed inside the established limit of work and would pose no additional disturbance to the adjacent buffer zone.
Motion to approve the change to the plan as a “Minor Correction”: David Harris
Second: Ron Grattan
Vote: 4-0-0
Public Hearings
7:45 PM Notice of Intent (After-the-Fact) for a deck, driveway, fish pond and restoration plan for 153 Wagon Trail, Map 120, Lot 56 within the buffer zone to a Bordering Vegetated Wetland and the Riverfront Area for Mark Modestino represented by Anderson Surveys, Inc., 800 High Street, Hanson, MA (New Hearing) (DEP #SE175-0560)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Ken Anderson made the presentation for an After-the Fact Notice of Intent that was filed because a site inspection revealed that Mr. Modestino had gone beyond the scope of work specified in an Order of Conditions issued in May, 2003 (DEP #SE175-397). The original wetland line had expired and was re-flagged on 9/4/08 by Sharon LePorte. Because the area was in a Priority Habitat of Rare Species, the Natural Heritage of Endangered Species Program was notified and subsequently granted approval. A small portion of the deck was constructed within the 50-foot buffer zone as well as a koi pond. Also, the driveway exceeded the original proportions. Mr. Vacca reminded the Commission that originally,
the total disturbance within the 100 foot buffer zone was 3,317 sq. ft. and the total disturbance within the 200-foot riverfront area was in excess of 3,800 sq. ft.. John Kemmett said that the Commission would like to see some mitigation on the plan. No abutters were present.
Motion to continue to 10/28/08 at 8:30 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Request for Determination for the construction of a deck within 100 feet of a Bordering Vegetated Wetland at 10 Fallon Point Road, Map 69, Lot 6B for Michelle Dudziak represented by Locke Construction Co., 15 Felicia Terrace, Pembroke, MA 02359
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Steven Locke made the presentation for a proposal an 8’ x 17’ deck and the reconstruction of an addition. Mr. Vacca explained that the project required 13 sq. ft. of impact within a previously disturbed area.
No abutters were present.
Motion to approve a variance to work within the 50-foot buffer zone: David Harris
Second: Ron Grattan Vote: 4-0-0
Motion to approve and issue a Neg. 3 Determination of Applicability: David Harris
Second: Ron Grattan Vote: 4-0-0
8:15 PM Continued Notice of Intent for the construction of a driveway across wetlands and Spring Brook to gain access to reach a 3 ¼ acre island of upland at Lot 3 Lakeside Road, Map 88, parts of Lots 7 & 8 for RHD Realty Trust represented by Vautrinot Surveying, Inc., P.O. Box 144, Plympton, MA (DEP #SE175-0558)
Motion to continue to 10/28/08 at 8 PM per request of applicant: David Harris
Second: John Kemmett Vote: 4-0-0
8:30 PM Notice of Intent for the demolition of an existing house and garage, the construction of a new single-family house including driveway, septic system, water line, utilities and grading within the 100 foot buffer to a Bordering Vegetated Wetland at 135 Union Street, Map 31, Lot 8A for Tracy White and Edward Johnson represented by McGlone Enterprises, Inc., 211 Pembroke Street, Kingston, MA 02364. (DEP #SE175-0561) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Shayne McGlone made the presentation for a proposal to construct a 3-bedroom house and gravity septic system. The house would be 56’ from the edge of the Bordering Vegetated Wetland. He maintained that no grading would take place within the 50-foot buffer zone. The existing house and garage had been demolished. Mr. Vacca explained that because of a security and safety issue, a demolition permit had been signed with a condition that a Notice of Intent would be forthcoming. Mr. Kemmett suggested to Mr. McGlone that a request for variance and mitigation are required for any disturbance within the 50-foot buffer zone. Mr. Schellenger inquired whether the stream culvert is within 200’
of the project. He was of the opinion that it might be within a riparian zone. Mr. Vacca read comments from his report. No abutters were present.
Motion to continue to 10/28/08 at 8:45 PM: David Harris
Second: Ron Grattan
Vote: 4-0-0
Determinations
Determination of Applicability for perc testing for the future repair of a failing septic system at 45 Ocean Ave., Map 2, Lot 1508 for Linda L. Hauge – issued 9/24/08
Certificates of Compliance
Request for Certificate of Compliance for 99 Ransom Road, Map 63, Lot 0-1 for Derrick & Elizabeth Welch (DEP #SE175-0512)
Mr. Vacca reported that during the site inspection he observed erosion behind the swimming pool and material had breached the haybale barrier. He suggested denying the Certificate until the area is stabilized and the debris is removed from the resource area by hand.
Motion to deny the Request for Certificate of Compliance: David Harris
Second: John Kemmett Vote: 4-0-0
Request for Certificate of Compliance for 132 Reed Street, Map 33, Lot 14-1A for George McCann (DEP #SE175-0536)
Mr. Vacca recommended approval. During a site inspection he observed that the slopes were sufficiently stabilized and the swale was correct and functioning.
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Kemmett Vote: 4-0-0
Request for Certificate of Compliance for 279 Spring Street (Damien’s Pub), Map 108, Lot 4 & 5 for Damien Cahill (DEP #SE175-246)
Mr. Vacca recommended approval. This particular project had been completed for a long time. The Zoning Board of Appeals was satisfied with the project as well.
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Ron Grattan Vote: 4-0-0
Activities
· Mr. Vacca reported that he had attended one ArcView training class and will be attending another tomorrow.
· Mr. Vacca mentioned that the Pre-Trial Conference with Mr. Dean Anderson and the Assistant District Attorney was continued until 11/13/08 at 9AM.
· Mr. Vacca reported that he had not heard back from Al Hanscom regarding a scope of services and prices for the various activities required at Camp Kiwanee. However, the pipe has been cleaned out and the water is flowing. The level of Maquan Pond has receded as well.
· Mr. Kemmett commented that our By-Law requires that mitigation be successful before a project begins. He questioned whether it should be conditioned into the Orders and enforced at 301 Indian Head Street. Mr. Vacca didn’t know if that could be accomplished after the Order of Conditions had already been issued. He said that he would do some research and have an answer by the pre-construction meeting next week.
Old Business/New Business
Agent mileage – signed
Quality Name Plate/bill – signed
Dorr’s Print/bill – signed
Clipper Press/bill – signed
Adjournment
Motion to adjourn at 8:45 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
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