HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 12, 2011
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
John Murray, Member
David Harris, Member
Absent: John Kemmett, Clerk
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of June 28, 2011: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings
7:30 PM Continued Request for an Amendment to an Order of Conditions for the conversion of an existing tight tank to a more conventional system at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith and Susan Sanders (DEP #SE175-0591)
Motion to continue to 8/9/2011 at 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
Appointments
Mr. Joseph Marangiello, owner of 1057R Main Street (the demolished building by the railroad tracks) came to the meeting with test results that the Commission had requested, so Mr. Lindquist allowed him to present an update. He submitted two reports from the company of Tighe & Bond dated 5/6/11 and 5/25/11. The reports basically said that environmental tests conducted for National Grid, the result of a ruptured transformer, indicated that there were no reportable levels of PCB’s detected in soil or water samples and that “No Significant Risk has been achieved for this release and no additional response actions are warranted.” Also, he submitted a laboratory report from Spectrum Analytical, Inc. dated 6/28/11 that gave results from the water testing in the
foundations of the demolished buildings which also indicated that the results were relatively benign.
Mr. Marangiello requested that he be allowed to try and get control of the water so that he can do the final cleanup. He said that he was meeting with an engineer tomorrow to put together a proposal to pump the water off to submit to the Environmental Protection Agency and will send a copy of said proposal to the Town. Mr. Peter Cavallo, his contractor, said that “Remediation is essential to the growth of Joe’s business” and urged the Commission to allow him to move forward with the cleanup.
Mr. Lindquist requested that as part of the proposal, Mr. Marangiello get the wetlands flagged. Also, Mr. Harris commented that there were stockpiles of debris with no surrounding protection and that the previously installed haybales were degraded. Mr. Vacca agreed that the erosion control should be replaced. He also maintained that Mr. Marangiello was working under an Emergency Certification and that when this part of the project was done, he will have to file for an After-the-Fact Notice of Intent. He was of the opinion that the Commission should allow flexibility at this point. Mr. Schellenger commented that as time goes on, it would seem prudent that the applicant get a copy of the Hanson Wetlands Protection By-Law and Regulations and get to work as this
property abuts a very important wetland in the Town as well as the State.
Continued Public Hearings
7:45 PM Continued Notice of Intent for a proposal to construct an ATV course for personal recreational use within 50 feet of Isolated Land Subject to Flooding at 20 Spring Street, Map 6, Lot 1390 for Eric J. Hatch, Trustee, Budda Realty Trust represented by John W. Delano & Associates, Inc., 220 Hudson Street, Halifax, MA 02338 (DEP #SE175-0605)
Mr. Delano reported that he had sent a letter to the Building Inspector/Zoning Officer, Bob Curran at the request of the Commission which he read into the record (attached). Mr. Curran called him on 7/11/11 at which time he was in receipt of the letter and had subsequently conversed with various people from the Town Hall. He conveyed to Mr. Delano verbally that “There were no zoning issues at this time.” In addition, Mr. Delano had a telephone conversation with Amy from Natural Heritage. She confirmed that NHESP didn’t have a problem with the project because the area was previously disturbed before it was mapped for Rare and Endangered Species. A letter to this effect will be forthcoming. Mr. Delano submitted a Request for Variance from the
50’ No Disturb Zone dated 7/12/11, also read into the record (attached).
Mr. Schellenger asked about the depression that was flagged on the plan…how did it come to be? Mr. Delano said that it was probably associated with gravel removal associated with the old bog. Later on, he said, a dike was built with a PVC pipe under the road that drains into the depression. Mr. Schellenger asked what would prevent further encroachment into the wetland area? Mr. Delano answered that the existing trees and saplings would prevent intrusion and that Mr. Hatch is aware that the area needs to be protected.
Ms. Kim McCoy, a direct abutter, mentioned that she had used a tape measure to ascertain how close she was to the ATV track. She called the Environmental Police about the law that prohibits ATV’s within 150’ of someone’s property without their express written permission. Basically, she stated it would come down to having to call them whenever there was activity.
Mr. Vacca summarized by reiterating that the Commission requires something in writing from the Building Inspector. Mr. Lindquist requested that a letter is sent to Mr. Curran in this regard.
Motion to continue to 7/26/11 at 8 PM pending written confirmation from the Building Inspector and Natural Heritage: David Harris
Second: John Murray
Mr. Schellenger asked if Mr. Hatch would be amenable to cleaning up the wetland area of all the debris as a means of mitigation. Mr. Delano will speak to Mr. Hatch.
Vote: 4-0-0
8:00 PM Notice of Intent for the construction of a pool cabana on a slab, on grade within 50 feet of a Bordering Vegetated Wetland at 354 State Street, Map 112, Lot 1-0-R for Scott Phillips
(DEP #SE175-06___) (New Hearing)
Frank Schellenger read the Public Hearing Notice. The abutters were not notified. Mr. Phillips made the presentation for a proposal to construct a shed next to the existing pool to be used for storage of pool equipment. He elaborated by saying that the concrete will be poured on grade and no digging will occur. Mr. Vacca read his comments.
Motion to continue to 7/26/11 at 8:15 PM pending receipt of additional information that was lacking and proof of notification to abutters: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Requests for Certificates of Compliance
Request for a Certificate of Compliance for 295 Monponsett Street, Map 31, Lot 9C-2 for Mr. & Mrs. Mark Murphy (DEP #SE175-307)
Request for a Certificate of Compliance for 341 East Washington Street, Map 107, Lot 8 for Mr. & Mrs. David O’Neill (DEP#SE175-0588)
Mr. Vacca reported that he did not have an opportunity to inspect these two properties for compliance.
Request for a Certificate of Compliance for Davis Road, Map 38, Lot 5 for Hanson Rod & Gun Club c/o Bill Segalla (DEP #SE175-0587)
Motion to approve: David Harris Second: Frank Schellenger Vote: 4-0-0
Request for a Certificate of Compliance for 36 (Lot 1) Crescent Street, Map 79, Lots 13 & 13-1 for Egan Development Corp. (DEP #SE175-0576)
Request for a Certificate of Compliance for 46 (Lot 2) Crescent Street, Map 79, Lots 13 & 13-1 for Egan Development Corp. (DEP #SE175-0577)
Motion to approve: David Harris Second: Frank Schellenger Vote: 4-0-0
Old Business/New Business
MACC/Membership Dues – signed
Clipper Press/bill – signed
Agent Mileage – signed
Adjournment
Motion to adjourn at 8:30 PM: David Harris
Second: John Murray
Vote: 4-0-0
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