HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 27, 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: Frank Schellenger, Vice Chairman
John Kemmett, Member
David Harris, Member
John Murray, Member
Absent: Philip R. Lindquist, Chairman
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of September 8, 2009
Motion to approve: John Kemmett
Second: David Harris Vote: 3-0-1 (David Harris abstained)
Minutes of October 13, 2009
Motion to approve: John Kemmett
Second: David Harris Vote: 4-0-0
Appointments
7:30 PM Appointment with Alan Osgood to discuss the repair of the control structure at Camp Kiwanee (cancelled by request of Mr. Osgood and continued until November 10, 2009)
Public Hearings
7:45 PM Notice of Intent for an Aquatic Management Program for the Pembroke Watershed Association represented by Aquatic Control Technology, Inc., 11 John Road, Sutton, MA 01590. (DEP #SE175-0571)
Motion to continue to 1/12/10 @ 7:30 PM per request of applicant: 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)
John McGrath submitted revised plans for the septic with the approval of the Board of Health. The DEP had granted variances for the sieve analysis and a reduction in the separation of
groundwater. Also, in response to the comments from the original Conservation public hearing, the system was relocated outside of the 50-foot buffer zone and a small retaining wall was installed. Mr. Vacca had reviewed the plans, found them satisfactory and recommended approval.
Motion to approve and issue a Small Project Order of Conditions: David Harris
Second: John Murray Vote: 4-0-0
8:15 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)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Alexander described a chronology for the Commission that would put things in perspective for them to consider three things. The first would be to approve a new plan that depicted the subdivision of one lot into three. Mr. Vacca commented that Mr. Alexander was also requesting a waiver of Condition #45 from his Order of Conditions requiring the installation of railroad ties along a cart-path. Secondly, he requested a one-year extension for the current Lot 2 so that he can finish some leftover construction (stumping trees and loaming and seeding). Lastly, he requested a Partial Certificate of Compliance for newly designated Lots 1 & 3 because the stormwater management system had been completed and the lots are to
be sold. Mr. Vacca asked the Commission to rescind the vote from the previous meeting because at that time, Mr. Alexander had not submitted all required paperwork. No abutters were present.
Motion to rescind previous vote (10/13/09) to issue a Partial COC: David Harris
Second: John Murray Vote: 4-0-0
Motion to approve an Amendment to agree to a new plan as depicted: David Harris
Second: John Murray Vote: 4-0-0
Motion to Amend the Order of Conditions for Lot 2 to omit Condition #45 requiring installation of railroad ties: David Harris
Second: John Kemmett Vote: 4-0-0
Motion to issue a Partial Certificate of Compliance for new lots 1 & 3: David Harris
Second: John Murray Vote: 4-0-0
Motion to extend Order of Conditions for Lot 2 for one year for work to be completed: David Harris
Second: John Kemmett Vote: 4-0-0
8:30 PM Continued 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)
Mr. Steve Wry of Land Planning, Inc. had submitted the book and page number for the existing Order of Conditions that was over ten years old as well as a previous Extension neither of which had been recorded at the Registry of Deeds until this time. He went on to explain that the existing house is considerably smaller than was originally proposed and submitted a letter certifying substantial compliance. Mr. Vacca had reviewed the information and recommended approval of a Certificate of Compliance.
Motion to approve a Certificate of Compliance for DEP #SE175-205: David Harris
Second: John Murray Vote: 4-0-0
In response to the Commission’s request at the previous hearing to move the addition further back and to provide more of a buffer from the resource area, Mr. Wry submitted a revised plan that maintained more of a setback, 13 feet at its closest point, thereby reducing the amount of disturbance by about 5 feet. Mr. Schellenger asked if alternatives had been considered. Mr. Wry answered that it was not feasible because of the design of the house. Ms. Maura Curran said that they didn’t want the house to look strange and the intent was to have parents move in. Mr. Schellenger commented that because their proposal was within the no disturb zone, they were compounding an already bad situation from a Conservation point of view. Mr. Wry requested a continuance so that they could
consult with the architect. No abutters were present.
Motion to approve request for variance from 50-foot no disturb setback: John Murray
Second: David Harris Vote: 2-2-0 (Frank Schellenger & John Kemmett against)
- the motion failed
Motion to continue hearing until 11/10/09 at 8 PM: David Harris
Second: John Murray Vote: 4-0-0
8:45 PM Continued 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)
Continued 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)
Mr. Schellenger initiated the hearing by reiterating that Deborah Klim, an abutter, had been given the opportunity to have the plans reviewed. Mrs. Klim, in attendance, had hired Russell Wheatley, an engineer, to review and he determined them to be credible. She is comfortable that the project will not have a detrimental effect on her property. Mrs. Joan Delano commented that Mr. Vacca’s two items had been addressed and the benchmark and a construction sequence had
been depicted on the plan. Mr. Schellenger inquired about a small area that he considered questionable in terms of wetland characteristics and asked if Mr. Delano had done soil sampling. Ms. Delano answered that the soils were not hydric and reports were included in the ANRAD.
Mr. Schellenger also asked if Mr. Egan had sought the proper approvals to alter the street layout. Mr. Egan answered that he would seek approval from Zoning and Highway before making any changes to the grade. Mr. Vacca recommended closing the Public Hearing and issuing Orders of Conditions.
Motion to approve LOT 2 with a stipulation that Mr. Egan seek all necessary approvals from other Boards: John Kemmett
Second: John Murray Vote: 4-0-0
Motion to approve LOT 1 with the same condition: John Kemmett
Second: John Murray Vote: 4-0-0
Motion to approve variance for LOT 1 for the temporary disturbance: John Kemmett
Second: John Murray 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) –signed (see hearing)
Certificate of Compliance
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) – voted to rescind (see hearing above)
Request for a Certificate of Compliance for 145 Gorwin Drive, Map 81, Lot 251 for Aurora Perez (DEP #SE175-0481) A new Notice of Intent has been filed for the completion of the mitigation area and a hearing has been scheduled for 11/10/09.
Motion to approve and issue a full Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 4-0-0
Request for a Certificate of Compliance for 202 Maquan Street, Map 71, Lot 20B for Maura and James Curran (DEP #SE175-205) – (see hearing above)
Orders of Conditions
Order of Conditions for the demolition of the existing building and the construction of a 2-unit condominium with on-site septic system and associated grading at 1139 Main Street, Map 43, Lot 36A & 36B for Angelo D’Emilio, DEMCO Enterprises, Realty Trust (DEP #SE175-0573) -signed
Order of Conditions for an upgrade to an existing sewage disposal facility serving a single family dwelling at 207 Phillips Street, Map 50, Lot 127 for Theresa Henaghen (DEP #SE175-0574) – signed
Discussions
Meeting Schedule for November & December was discussed and the dates suggested were okay. Ms. Nehiley will post the meeting schedule.
Camp Kiwanee/outlet structure
Mr. Vacca updated the Commission. Last Thursday, the outlet pipe had been cleaned of sand by Hoadley Co. with the assistance of the Water Department staff under the auspices of the previous enforcement order. There was some technical difficulty and the Town will attempt to clean it again this Friday. Al Hanscom, town engineer, suggested using a check dam to de-water and then re-jetting the pipe. Mr. Vacca also said that the deed for the parcel had not been received from Edgewood Bogs as yet.
366 Spring Street
Mr. Vacca informed the Commission that the owners of the above-mentioned property noticed oil in their sump pump. After engaging the services of a Company to investigate the contamination, it was determined that the oil was coming from a couple of copper tubes in the cellar that presumably were from a long buried oil tank in the yard. Currently the water is being treated through carbon and resin filters and they have applied for a NPDES Permit from EPA. Because the flow from the discharge might reach conservation jurisdiction, they are requesting emergency certification and will file an After the Fact Request for Determination of Applicability.
32 Pratt Place
Mr. Vacca negotiated with two homeowners to accomplish compliance from both in terms of un-permitted use (encroachment) of Conservation Land.
Old Business/New Business
Bass Pro Shop (reimbursement to Rich Vacca) – signed
Schwaab, Inc./bill – signed
Quality Name Plate, Inc./bill – signed
Mileage Reimbursement – signed
Adjournment
Motion to adjourn at 9:35 PM: David Harris
Second: John Murray
Vote: 4-0-0
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