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 Lindquist, Chairman, in Meeting Room A on the top floor of the Town Hall.
HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 12, 2006
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Present: Philip R. Lindquist, Chairman
Ron Grattan, Member
John Kemmett, Clerk
David Harris, Member
Also Present: Janine Delaney, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Absent: Frank Schellenger, Vice Chairman
Minutes
Motion to accept minutes of November 28th, 2006: John Kemmett
Second: Ron Grattan
Vote: 3-0-1 (Ron Grattan abstained)
Motion to accept minutes of December 6th, 2006: John Kemmett
Second: Ron Grattan
Vote: 3-0-1 (Dave Harris abstained)
Public Hearings
7:45 PM Continued Notice of Intent (After-the Fact) for the construction of a connecting addition between the house and adjoining garage at 31 Ocean Ave., Map 2, Lot 946 for Deborah and Fred Burlone, Jr. (DEP #175-___) (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Ms. Delaney gave a short history of the filing. Mr. Burlone had finished his project under an expired permit and therefore was required to submit an After-the-Fact filing. Mr. Burlone, representing himself, explained that he is presently awaiting comment from Natural Heritage and file number from the DEP. No abutters were present.
Motion to continue to January 9, 2007 at 8PM: David Harris
Second: Ron Grattan
Vote: 4-0-0
8:00 PM Notice of Intent for the Taunton Watershed Pilot Wetlands Mitigation Bank which proposes to create 9.3 acres of new wetlands and enhance 16.2 acres of bog to forested wetlands at the Burrage Pond Wildlife Management Area in Hanson by BlueWave Capital, LLC, 137 Newbury Street, fl 7, Boston, MA 02116 represented by Beals & Thomas, Inc., 144 Turnpike Rd., Southborough, MA (DEP #SE175-___) (New Hearing)
The purpose of this hearing was to begin to review a Notice of Intent filed for a proposal of the creation and enhancement of 25.5 acres of wetlands located in the 1,837+ acre Burrage Pond Wildlife Management Area that will purportedly establish a pilot Wetlands Bank in Massachusetts.
Those present were Eric Las, P.E. and Stacy Minihane, Wetland Scientist for Beals & Thomas and Jack Buckley of the Massachusetts Division of Fisheries and Wildlife, owner of the property. Concerned residents and others from non-profit organizations were present as well. John Kemmett read the Public Hearing Notice and the abutters were verified. The presentation began with Stacy Minihane giving a summary of the existing characteristics of the three areas, A, B, and C .
Area A is primarily an abandoned cranberry bog surrounded by a channel. According to Ms. Minihane, a forested wetland offsite will not be impacted. Area B is an upland area that was used possibly as a staging area historically. There is very little vegetation and large soil stockpiles. North of the area is a Bordering Vegetated Wetland (BVW) consisting of Birch and Red Maple trees. Four Isolated Wetlands have been identified and are to be protected by Local By-law 3-13, s.5. Area C is an abandoned cranberry bog.
Eric Las continued the presentation with details of soils and hydrology. Soil tests had concluded the area to be gravely loam and sand with wetland soils buried. Hydrology and Geology tests proved complex. It was thought that before the construction of the bogs, the area was a contiguous groundwater surface area. Monitoring wells had been located in the bogs and in Area B with staff gauges to record surface water elevations. Element control structures were surveyed on a monthly basis to generate a better understanding of the relative hydrology of the property.
Eric Las went on to say that the Wetland Banking Mitigation Design/Review Team had established that the plan for Area A is to remove the overlying, agricultural sand in the bog, expose the wetland soils, thereby strengthening soil conditions hydrologically and planting the area with a variety of wetland species.
In Area B, much of the area has to be excavated down four to six feet to an adequate grade to support a wetland community. According to Mr. Las, two BVW’s will be enhanced from their current conditions and upland islands are to be left to provide turtle nesting habitat. The Division of Fisheries and Wildlife was consulted to create an elevated viewing area approximately twelve feet high with excavated sand from the bogs.
In Area C, agricultural sand will be stripped to adjacent wetland elevations. Because of the thickness of the compressed sand in that area, wetland soils will be brought in to strengthen the hydrology of this area and to sustain the wetland plantings. The sand track road around the perimeter of the bog will be removed to restore the hydrolic connection to the forested wetland. This will create over two acres of wetland area. At this point, Phil Lindquist asked for comments from any abutters that were present:
Vincent Paul Anthony, 457 Pleasant St. – Inquired if any buildings were proposed and if the project would affect the water table. Mr. Las answered that building(s) were not proposed and the ground water elevation will not change. Also the hydrology flows south so it would not affect Pleasant St..
Al Hanscom, 187 Beechwood Drive – He asked if a chemical analysis for residual pollutants from the former cranberry operation had been conducted. He thought it would be helpful to document such information as there are exemptions under historical pesticide use. Mr. Las answered that topsoil onsite would not be exported offsite so any contamination would be contained. Mr. Hanscom also asked if wetland topsoil would be brought into the site that would meet Army Corp. of Engineer’s criteria. Mr. Hanscom asked if this subject could be explored more in depth at the next meeting.
Also questioned was the progress of clean-up of groundwater at the lot north of area B. Jack Buckley of the Department of Fisheries and Wildlife commented that one of the criteria of the purchase of the property was that the contamination at one of the main buildings was cleaned up.
Chris Colclough, 922 Winter St. – Inquired about the length of the project, traffic issues and if mosquito studies were conducted. Mr. Las answered that the project, if started in the Spring, would take about 3-5 months and most of the traffic would be onsite. Ms. Minihane explained that a balanced, healthy ecosystem would actually help control the mosquito population by promoting natural predation. Mr. Hanscom asked if there were any provisions for control of invasive species. Ms. Minihane answered that a detailed 10-year monitoring plan was proposed.
Forrest Emory, resident within the Taunton River Watershed – Asked if mechanical or chemical control for invasive species was proposed. Ms. Minihane confirmed that if an herbicide application was warranted, they would be required to file for a permit with the Conservation Commission at that time. Mr. Emory questioned how off-site mitigation meets the interests of the Act, and questioned the costs. He commented that figures provided do not indicate sufficient monies for such extensive work. MESA requirements were addressed and the lack of a Habit Plan was mentioned. Mr. Buckley responded no to the question of whether a Habitat Plan has been completed
Pat Royo, Plympton resident – Commented that a lot of people have concerns with how this project will impact wetlands in their communities. She asked how the banking system worked. Mr. Las gave a brief synopsis. Initially, the wetlands would be created upfront. Bluewave Strategies would create the bank which would generate credits, establishing the overall value of the bank.. A developer with a small, residential project (under 5,000 sq. feet) would not be able to buy credits. The credits could be used basically for Limited Projects that require a variance. Mr. Las commented that, essentially, Conservation Commissions, the DEP and the Army Corp. of Engineers would acquire a tool to achieve offsite mitigation that would have a net environmental benefit. They
would, however, retain the ability to deny a project and all applicants would have to adhere to the Wetlands Protection Act in that they would have to first avoid, minimize and mitigate.
Lenore White, a Wetland Scientist – Asked who is responsible for making the decision of who will buy credits. Mr. Las answered that all the provisions for the use of the bank are in the prospectus prepared by Bluewave Strategies and will be discussed at length on Thursday, December 14th.
Susan Speers of the Taunton River Watershed Association informed the Commission that comment letters from Heidi Ricci of Mass Audubon and Pricilla Chapman, an environmental advocate for the Bluewave Strategies Team were to be forthcoming.
Robert Davis, a Technical Advisor for TRWA voiced concern about the hydrology and water supply.
Ms. Delaney, at this time, highlighted some important points from her remarks prepared for the Commission including: The Commission requires that an applicant submit a Consultant Fee as per Town of Hanson Rules and Regulations for a project of this size. The Commission determined that a hydrologist, a botanist and a wildlife expert be hired to assist in review of the project. The fee is $3,200. In addition, she suggested a continuance of the deadline of January 2nd, 2007 for comments to the Army Corp. of Engineers and MEPA (MA Environmental Policy Act) to give people more to time to review the project and submit comments.
Motion to Continue the hearing to January 9th, 2007 at 8:15 PM: John Kemmett
Second: David Harris
Vote: 4-0-0
8:30 PM Notice of Resource Area Delineation to determine whether the boundaries of resource areas depicted on a Plan of Land at Reed St., Map 33, Lot 14-3 are accurately delineated for David Bonney (DEP#SE175-0513) (New Hearing)
John Kemmett read the Public Hearing Notice and the Abutters were verified. Mr. Bonney made the presentation. The consultant for the Commission, Michele Grenier, visited the site and relocated 3 flags. The revised plan did not appear to reflect her recommendations. The Commission suggested that Mr. Bonney check with Webby Engineering to see if the flags were re-surveyed, especially #18.
Motion to continue to January 9th at 8:10 PM: John Kemmett
Second: Dave Harris
Vote: 4-0-0
8:45 PM Request for Determination of Applicability for proposed work under the Crooker Place Cleanup Project including cleanup and off-site management of miscellaneous piles of tires, bulky wastes, junk vehicles, miscellaneous metals, and solid wastes located on Town property located at the southwest end of Crooker Place, Map 33, Lot 9. (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Al Hanscom, Review Engineer for the Town of Hanson, made the presentation. Pictures showed an aerial view of the site, a vernal pool and an abandoned truck hull. Fleet Environmental of Randolph was hired to perform the clean-up at a cost of $50,000 to the Town. The plan showed an approximate wetland line basically delineated by a ridge in the field. Debris in a vernal pool will be manually removed.
Motion to approve and issue a Negative 3 Determination of Applicability: Dave Harris
Second: Ron Grattan
Vote: 4-0-0
Enforcement Issues
724 Monponsett Street - Bob Crowell of Land Planning, Inc. performed a perc test within 100 feet of a wetland without a permit. Ms. Delaney had prepared an Enforcement Order.
Motion to issue: John Kemmett Second: Dave Harris Vote: 4-0-0
Discussions
Letter from DEP regarding Request for Superseding OOC’s for DEMCO Enterprises - reviewed
ISEC’s for Great Cedar Condominiums prepared by Land Planning, Inc. – Ms. Delaney reported that the ISEC’s were submitted in response to the Enforcement Order and the owner’s were on track.
Certificate of Compliance Request for 496 Main Street – Ms. Delaney reported that the site was not stabilized. She recommended a Partial Certificate.
Motion to issue Partial COC: John Kemmett Second: Dave Harris Vote: 4-0-0
Old Business/New Business
W.B. Mason/bill - signed
Adjournment
Motion to Adjourn at 9:45 PM: Dave Harris
Second: John Kemmett
Vote: 4-0-0
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