HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 9, 2010
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 Philip R. Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris, Member
John Murray, Member
John Kemmett, Member
Also Present: Richard Vacca, Agent
Absent: Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of January 26, 2010
Motion to approve: David Harris
Second: John Murray
Vote: 5-0-0
Public Hearings
7:30 PM Notice of Intent for the construction of a single family house, septic system, utilities and grading within 100 feet of a Bordering Vegetated Wetland adjacent to 123 Phillips Street, Map 50, Lot 32 for Carol Polio, Executor of the Estate of Harold R. Ibbitson represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0585) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry made the presentation for a proposal to build a single-family house on a presently vacant lot. The wetlands were delineated by Robert Gray of Sabatia, Inc.. All the proposed work, including grading, depicted on a plan dated 1/14/10 and revised 1/28/10, is outside the 50-foot no build zone. Erosion control will be used at the limit of work and conservation posts were proposed to demarcate the 50-foot buffer zone in perpetuity. Mr. Vacca’s comment in regards to the depiction of the locus had been addressed and he recommended that the public hearing be closed and an Order of Conditions be issued. No abutters were present.
Motion to approve and issue an Order of Conditions: David Harris
Second: John Kemmett
Vote: 5-0-0
7:45 PM Continued Abbreviated Notice of Resource Area Delineation for the determination of the validity of the boundaries of a wetland resource area at 1460 Main St., Map 44, Lots 5-1, 5-2, 5-
3 & 5-4 for Roger Morton, Great Cedar Condominiums, LLC represented by Land Planning, Inc., 1115 Main St., Hanson, MA (DEP #SE175-0582)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry made the presentation for approval of a wetland line that was delineated in August, 2009 by Lady Slipper Woods. In accordance with Section 53G of M.G.L. ch.44 and the new Conservation Winter Delineation Policy, Dr. Walter Hewitson was hired by the Commission as a consultant to review the wetland line. He submitted a report dated 2/3/10 that stipulated that there was no snow cover and the ground was not frozen during his evaluation of the flagging. He disagreed with two flags, #23 and #43 and suggested they be moved up-gradient by a distance of 5 feet. Mr. Wry submitted a revised plan dated 2/9/10 reflecting those changes. Mr. Vacca recommended approval. No abutters were
present.
Motion to approve and issue an Order of Resource Area Delineation: David Harris
Second: John Murray
Vote: 5-0-0
8:00 PM Notice of Intent for construction of a single family dwelling at 308 Maquan Street, Map 70, Lot 37 for Kenneth Crosby represented by Danena Engineering Associates, P.O. Box 387, North Easton, MA 02356 (DEP #SE175-0584) (New Hearing)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Mr. Robert Murphy of Danena Engineering Associates made the presentation for a proposal for a single-family house located at the site where a house had burned down in 2008. The proposal is to reconstruct the house with the same setbacks, but slightly larger and to utilize the existing septic system which had been Title 5 certified by the BOH agent. Mr. Vacca commented that the map and parcel number must be depicted on the plan. The field data sheets must be submitted as well as the NHESP and FEMA maps. Mr. Vacca itemized a few more things on that were listed in his report (attached). Mr. Vacca also stipulated that the Treasurer/Collector’s office has directed that no permits be issued to Mr.
Crosby due to tax delinquency. Mr. Harris read the abutters list. Those present were:
Maria McClellan – Why has it taken so long to rebuild since the fire. She mentioned an invasive species that has taken hold in the pond that is purportedly fertilized by the runoff from the burn site. Mr. Crosby answered that the loss of his son last year impacted his life in a way that put other things on hold. He couldn’t comment on the invasive species as it was the first he had heard of it.
Camp Kiwanee, Bill Straight, Recreation Commission – Commented on the potential runoff from the fire site. Mr. Straight mentioned that a representative from the Dept. of Fish and Wildlife has said that Maquan Pond is one of the only pristine ponds that remain in the State. The invasive species had been identified as Purple Bladderwort and needs to be eradicated. That’s their only concern.
Janet Crowley – Would hate to seem something built on that spot. It’s right on the water.
Jay Beaulieu – no comment
Jane Barrett – no comment
Linda & Casey Gillette – Asked how close the proposed house is to the Pond and will there be a cellar. Mr. Murphy answered that the proposed structure is 31’ from the pond and a cellar is there now.
Mr. Gillette was concerned that Mr. Crosby didn’t have the financial resources to protect the Pond as required. He also questioned the septic system with respect to the size of the lot. Mr.
Murphy reiterated that the system is adequate for a 3-bedroom house and that the house and system has been grandfathered.
Constance McCue – Would a tight tank be possible. Worried about the pond being contaminated. Mr. Murphy said it was be financially burdensome.
Stephen Johnson – The place has been a disgrace, looks terrible. Rather have it left empty.
Sylvia Salas – Why hasn’t it been cleaned up? Who requires it?
Mr. Lindquist asked if anyone else present wanted to speak.
Mr. Rene Read, Hanson Town Administrator - Mr. Read mentioned that the building Inspector, Bob Curran has taken Enforcement Action with respect to the illegally placed trailer. He is not certain that the assertion that the lot is “grandfathered” is an accurate statement in light of Zoning By-law Section IV-2, Section C which reads:
Any legally existing nonconforming building or structure may be reconstructed if destroyed by fire or other accidental or natural cause if such reconstruction is completed within twenty-four (24) months from the date of the catastrophe (unless a longer period is granted by Special Permit by the Board of Appeals).
Mr. Crosby has not submitted a Request for Special Permit which may or may not render the “grandfathering” right null and void as the fire happened in February 2008. Mr. Read also made mention of a notice from Jean Sullivan, Treasurer/Collector stating that the Town of Hanson had filed foreclosure proceedings against Mr. Crosby and it was her recommendation that no permits be issued from any Town Hall Departments for 308 Maquan Street. An opinion from legal counsel backed this up. Mr. Murphy argued that it is a buildable non-conforming lot under any set of circumstances. Mr. Lindquist said this particular matter was out of Conservation’s jurisdiction.
Mr. Schellenger asked how the mean annual highwater mark was determined. Mr. Murhpy answered observation of water staining. Mr. Schellenger also said that the riverfront area and relevant buffer zones must ascertained.
Mr. Vacca suggested that two options were available to the Commission: To deny the NOI without prejudice on the basis of Tax Delinquency or continue the hearing to allow Mr. Crosby to seek his options of resolution with Jeanne Sullivan.
Motion to continue to 3/09/10 at 7:45PM to allow Mr. Crosby to exercise his options for resolution with the Treasurer/Collector under §15C of the By-law and to allow for the engineer to submit additional information as requested: David Harris
Second: John Murray
Vote: 5-0-0
8:15 Continued Notice of Intent for the repair/replacement of a septic system with related site work within 100 feet of a Bordering Vegetated Wetland and within 200 feet of the Riverfront (White Oak Brook) at 873 Pleasant Street, Map 3, Lot 13 for Deborah Nelson represented by Webby Engineering, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0583)
Mr. Joe Webby, in response to a request for documentation made at the previous meeting of 1/26/10, submitted an alternative analysis and a dewatering plan. Mr. Vacca was in approval of the responses and recommended issuance of an Order of Conditions provided that the Commission was satisfied as well.
Motion to approve and issue an Order of Conditions: David Harris
Second: John Murray
Vote: 5-0-0
Determinations
Determination of Applicability for tree cutting within 100 feet of a Bordering Vegetated Wetland at 9 Hanson Court, Map 2, Lot 2-957 for John J. Reilly - signed
Old Business/New Business
MapWorks/Invoice – signed
Adjournment
Motion to adjourn at 8:30 PM: David Harris
Second: John Murray
Vote: 5-0-0
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