HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 13, 2009
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:30 PM under M.G.L. c 131, §40 and the Hanson By-Law 3-13, §5 and Rules and Regulations by Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
John Kemmett, Member
David Harris, Member
John Murray, Member
Absent: Frank Schellenger, Vice Chairman
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of September 8, 2009 were tabled
Minutes of September 22, 2009
Motion to approve: David Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:45 PM Continued Notice of Intent for the demolition of the existing building, a portion of a proposed 2-unit condominium with on-site septic system and associated grading within 100 feet of a Bordering Vegetated Wetland and the riparian zones to a perennial stream at 1139 Main Street, Map 43, Lot 36A & 36B for Angelo D’Emilia, DEMCO Enterprises, Realty Trust, represented by Robert Crowell, Crowell Engineering, 191 Lakeshore Drive, Duxbury, MA 02332 (DEP #SE175-0573)
Mr. Crowell and Mr. D’Emilia attended the meeting to report that a revised plan dated 10/13/09 had Board of Health approval. A small treatment facility utilizing a de-nitrification system was designed to remove nitrogen from the effluent prior to disposal in the leaching field. There was no change in the grading and the field was actually smaller.
Motion to close the hearing and issue an Order of Conditions with Large Project Conditions: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Continued Notice of Intent for an upgrade to an existing sewage disposal facility serving a single family dwelling within 100 feet of a Bordering Vegetated Wetland at 207 Phillips Street, Map 50, Lot 127 for Theresa Henaghen represented by John F. McGrath, Jr., J.F. McGrath & Associates, P.O. Box 637, E. Sandwich, MA 02537 (DEP #SE175-0574)
Motion to continue hearing until 10/27/09 at 8:00 PM per request of applicant:
David Harris
Second: John Kemmett
Vote: 4-0-0
8:15 PM Continued Request for an Amendment to an Order of Conditions for 294R Monponsett Street, Map 31, Lot 13-1 for Nahaem Nahas represented by Steve Wry, Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0568)
At the 9/22/09 public hearing the Commission requested that the applicant provide a revised plan demonstrating the omission of the driveway. Mr. Mohamed Nahas had suggested this as a solution to concerns about drainage. Mr. Steve Wry, not present at the previous meeting, explained that the driveway had been previously approved and it was not possible to omit it because Zoning regulations require that a pork chop lot has frontage for access. Mr. Kemmett questioned the amount of runoff from the driveway and that it was close to the resource area. Mr. Wry confirmed that everything was outside of the 50’ buffer zone and the length of the driveway had been reduced. All the water will drain towards the west and pitched to the right side.
Motion to rescind previous decision regarding the driveway: David Harris
Second: John Murray
Vote: 4-0-0
Motion to approve Amendment on a plan dated 9/15/09: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
* Mr. Dean Anderson interjected at this time to request that he be put on the agenda to discuss a sign off on his Order of Conditions. Mr. Vacca reminded the Commission that Mr. Anderson’s Orders had expired and he had undertaken work without a permit. The Commission has been to court with him on two occasions and he has two outstanding enforcement orders that have not been resolved. Mr. Vacca reiterated that Mr. Anderson has to file a new NOI to address his outstanding issues. The Commission denied Mr. Anderson’s request to be put on the agenda.
8:30 PM Request for an Amendment to an Order of Conditions for Franklin Street and West Washington Street, LOT 2, Map 67, Lot 6A (former Meadowbrook Garden Center) for Steve Alexander (DEP #SE175-327) (New Hearing)
* This hearing was tabled until the next meeting because Mr. Alexander did not show.
8:45 PM Notice of Intent for the construction of a single family dwelling with onsite septic, grading and appurtenances and demolition of an existing uninhabited house and cleanup of trash areas within 100 feet of a Bordering Vegetated Wetland at LOT 1, Crescent Street, Map 79, Lots 13 & 13-1 for Stephan G. Egan Sr. (owner Paul G. Baresel, Trustee, PGP Realty Trust) represented by John W. Delano & Assoc., Inc., 220 Hudson St., Halifax, MA (DEP #SE175-0576) (New Hearing)
9:00 PM Notice of Intent Notice of Intent for the construction of a single family dwelling with onsite septic, grading and appurtenances and demolition of an existing uninhabited house and cleanup of trash areas within 100 feet of a Bordering Vegetated Wetland at LOT 2, Crescent Street, Map 79, Lots 13 & 13-1 for Stephan G. Egan Sr. (owner Paul G. Baresel, Trustee, PGP Realty Trust) represented by John W. Delano & Assoc., Inc., 220 Hudson St., Halifax, MA (DEP #SE175-0577) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters list was verified. Mr. Delano made the proposal initially for LOT 1 for a single-family house, driveway and septic. Mr. Kemmett read the Public Notice for LOT 2 effectively opening that hearing. Both projects include the demolition of the existing house and removal of an old cesspool which will be the only activity to occur within the 50-foot buffer zone. The disturbance from the demolition is temporary for which a variance request was submitted. As mitigation, this area will be replanted with a conservation seed mix. On LOT 2, a small wetland pocket designated as an Isolated Land Subject to Flooding (ILSF) will be protected by a boulder retaining wall. In response to a question of another small, potential wetland
area found by Mr. Schellenger and Mr. Vacca, Mr. Delano had taken another look to evaluate plant species and found it to be non-wetland in nature. Two abutters were present. They were:
Deborah Klim, Crescent Street – Was concerned with the displacement of water and how it was going to affect her property. Ms. Klim requested to have an opportunity to bring the plans to an engineer for an independent review.
Mary Puleio, Crescent Street - Had concerns with which way the water runoff would flow. Mr. Delano explained it would drain toward the wetland providing for good absorption.
Mr. Vacca comments were to include the benchmark and the construction sequence on the plan.
Motion to allow two weeks for an independent review of the proposal and to continue both hearings to 10/27/09 at 8:45 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
9:15 PM Notice of Intent for the construction of a garage addition to an existing single-family home within 100 feet of a Bordering Vegetated Wetland at 202 Maquan Street, Map 71, Lot 20B for Maura and James Curran represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0578 (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry made the presentation for a proposal for an attached 2-car garage to a single-family home. The house is located on Maquan Pond and using the mean annual high water mark, it was found that the entire property falls within the 100 foot buffer zone. Working with an architect, Mr. Wry was able to reduce the size of the garage. However, it is 8 ½ feet from the Bordering Vegetated Wetland (BVW) at its closest point. In order to accommodate the garage, 750 square feet of
vegetation and two trees have to be cut. As mitigation, the restoration of part of the driveway is proposed. A variance request was submitted. Mr. Lindquist commented that as proposed, the garage is too close to the wetland resource area and that it be redesigned to provide more buffer to the resource area. Mr. Vacca commented that because of the proximity of the limit of work to the BVW, an alternative location for the addition should be sought. In addition, it was discovered that a previous filing for the construction of the house had not been closed out. No abutters were present.
Motion to continue to 10/27/09 at 8:30 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
Request for an Extension
Request for a one-year Extension to an Order of Conditions for Franklin and West Washington Streets (Meadowbrook Garden Centers), Map 67, Lot 6A for Steve Alexander (DEP #SE175-0327) This was tabled until the next meeting as Mr. Alexander did not show.
Certificate of Compliance
Certificate of Compliance for an Order of Conditions for 902 Main Street, Map 42, Lot 39 for William Brown, Dunham Farms LLC (DEP #SE175-0506) – signed
Request for a Partial Certificate of Compliance for Franklin and West Washington Streets (Meadowbrook Garden Centers), Map 67, Lot 6A for Steve Alexander (DEP #SE175-0327)
Motion to approve a Partial Certificate of Compliance for the stormwater management structure only: David Harris
Second: John Kemmett
Vote: 4-0-0
Discussions
Fee Schedule Revision/septic repairs within the buffer zone
Ms. Nehiley informed the Commission that recently, we were informed of a local by-law that basically negated our recent fee revisions. Therefore, we are going back to using the old fee schedule until such time as we discuss the buffer zone fee changes at a meeting forthwith.
Request for Release of Bond for 185 Phillips Street to John MacLeod (DEP #SE175-238)
Motion to release bond: David Harris
Second: John Kemmett
Vote: 4-0-0
Letter from State Ethics Commission regarding online training course
Ms. Nehiley explained that changes to the state’s conflict of interest law and the State Ethics Commission’s enabling act require mandatory education and training for public employees at every level of government including the municipal level. Municipal employees should complete the online training program on or before 12/28/09 and every 2 years thereafter. Becky passed out the “summary of the conflict of interest law “and had the Commission members sign an acknowledgement of receipt.
Old Business/New Business
Dorr’s Print/bill – signed
Reimbursement to Agent – signed
Adjournment
Motion to adjourn at 9:40 PM: David Harris
Second: John Murray
Vote: 4-0-0
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