HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 28, 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
Ron Grattan, Member
Absent: John Kemmett, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to accept the minutes of October 14, 2008: David Harris
Second: Ron Grattan
Vote: 3-0-1 (Phil Lindquist abstained)
Requests for Certificates of Compliance/Release of Bond
Request for Certificate of Compliance for 314 Spring Street, Map 108, Lot 21 for Lisa Rose (DEP #SE175-0533)
Motion to approve & issue a Certificate of Compliance: David Harris
Second: Ron Grattan
Vote: 4-0-0
Certificate of Compliance for 153 Wagon Trail, Map 120, Lot 56 for Mark Modestino (DEP #SE175-0397) signed
Release of Bond for Bonney Hill Lane, Map 56, Lot 116 & 108A&B for Constance Doolittle (DEP #SE175-357)
Motion to approve to release surety bond and accrued interest: David Harris
Second: Ron Grattan
Vote: 4-0-0
Request from Richard Vacca to be reimbursed for parking for which he lost a receipt. Phil read the memo into the record.
Motion to approve reimbursement for parking for ArcView Training Class on 10/14/08: David Harris
Second: Ron Grattan
Vote: 4-0-0
Enforcement
122 R Indian Head
Mr. Vacca had conducted a site visit and taken pictures of the alleged illegal trailer, docks, water hookup, deck, walkway, horseshoe and fire pits. After having consulted with the Zoning Board of Appeals and the Board of Health as to the legality of the trailer and onsite waste disposal, Mr. Vacca had prepared an Enforcement Order.
Motion to issue Enforcement Order and a request that Mr. Colburn meet with the Commission at the 11/18/08 meeting at 7:30 PM: David harris
Second: Ron Gratan
Vote: 4-0-0
Public Hearings
7:45 PM Notice of Intent for the repair of the road drainage structures to insure flow capacities at Indian Trail, roadway abutting Map 63, Lots 12-8 and 12-9 for Richard Harris, Highway Supervisor of the Hanson Highway Department represented by Land Planning, Inc., 1115 Main St., Hanson, MA 02341 (DEP #SE175-0562) (New Hearing)
Mr. David Harris recused himself from the hearing because of a conflict of interest. Mr. Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Munro of Land Planning made the presentation for a proposal to repair a headwall, which had fallen into disrepair and was tipping into the brook. In addition, a pipe from a catch basin was broken and water had been backing up. The proposal included excavation, the removal of a large tree, the repair of the pipe and the construction of two new wing walls. The roadway will be repaired and rip rap will be put into the channel to prevent scouring. Haybales will prevent erosion.
Mr. Vacca had reviewed the Notice of Intent and was pleased to recommend approval of an Order of Conditions with special conditions. Mr. Lindquist asked for comments from abutters. Those present were:
Paul Barati and Julie Daigle, Indian Head Trail – were in favor of the project.
Motion to approve variance to work within the 50-ft. buffer zone: Frank Schellenger
Second: Ron Grattan Vote: 3-0-0
Motion to approve and issue an Order of Conditions: Ron Grattan
Second: Frank Schellenger Vote: 3-0-0
8:00 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)
Mr. Vautrinot submitted a revised plan proposing to use a 20’ long x 20’ wide by 4’ high arched pre-cast bridge to cross the wetlands instead of the boxed culvert that was originally proposed. He added
that because the bridge is far bigger than the brook, it would significantly reduce the effect on the wetlands. He mentioned also that they had received approval from the Natural Heritage. Mr. Vacca had reevaluated the proposal and commended Mr. Vautrinot for adhering to the State’s Stream Crossing Standards. However, a document that ensured compliance with the SCS’s and the State’s guidelines for the replication area was still forthcoming. Mr. Lindquist commented that the plan was a concept drawing and he wanted to see the final schematic design. Mr. Vautrinot explained that it was fairly expensive to design such a plan and he was seeking approval for the project before initiating that plan.
Motion to continue to 11/18/08 at 8:15 PM: David Harris
Second: Ron Grattan
Vote: 4-0-0
8:15 PM Notice of Intent for the installation of a 10’ x 28’ patio with a 6’ x 10’ attached deck within 100 feet of a Bordering Vegetated Wetland and the Riverfront Area at 141 Wagon Trail, Map 120, Lot 55 for Anthony and Sherwood Modestino represented by Tony DaSilva, 75 Stockwell Drive, Avon, MA 02322 (DEP #SE175-0563) (New Hearing) – cancelled due to faulty abutter notification and rescheduled for 11/18/08 at 8 PM
Motion to reschedule hearing to 11/18/08 at 8 PM due to faulty abutter nofication: David Harris
Second: Ron Grattan
Vote: 4-0-0
8:30 PM Continued 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 (DEP #SE175-0560)
Mr. Ken Anderson presented a revised plan, an Alternative Analysis and a Functions and Characteristic Statement. As mitigation for activity within the 50-foot no disturb zone, the applicant offered the following: 1. To install cedar posts at the Commission’s direction. 2. To cease the use of fertilizer in the previously disturbed lawn area 3. To install downspouts. 4. To remove the crushed stone at the end of the driveway. Mr. Schellenger was of the opinion that mowing in the 50’ buffer zone be limited to only twice a year and should be conditioned into the permit.
Motion to approve and issue an After-the-Fact Order of Conditions with special conditions pending a revised plan depicting the location of the conservation posts and the flood plain: David Harris
Second: Ron Grattan
Vote: 3-0-1 (Phil Lindquist abstained)
8:45 PM Continued 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)
Motion to continue to 11/18/08 at 7:45 PM due to late submittal of information: David Harris
Second: Ron Grattan
Vote: 4-0-0
Old Business/New Business
TRWA/bill – signed
Mileage/bill – signed
WB Mason/bill – signed
Adjournment
Motion to adjourn at 9:15 PM: David Harris
Second: Frank Schellenger
Vote: 4-0-0
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