HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JANUARY 12, 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
David Harris, Member
John Murray, Member
John Kemmett, Member
Absent: Frank Schellenger, Vice Chairman
Also Present: Phillip Clemons, Associate Member
Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Minutes of December 15, 2009
Motion to approve: David Harris
Second: John Murray
Vote: 4-0-0
Executive Session Minutes of December 15, 2009
Motion to approve, but not release: David Harris
Second: John Kemmett
Vote: 4-0-0
Appointments
7:30 PM Appointment with Al Hanscom regarding the design of the control structure at Camp Kiwanee
Mr. Al Hanscom, P.E., a consultant representing the Town, discussed the reasons for higher than normal elevations of Maquan Pond and a possible solution(s) to the problem. Primarily, the outlet structure located at Camp Kiwanee is routinely clogged with sand from the replenishment of the beach at Cranberry Cove. Also, there is an issue downstream at the access road in that the pipe is not at full flow capacity because of a hydraulic obstruction (tree roots) and may have to be replaced. Mr. Hanscom reiterated that he would work with the Board of Selectmen to initially require an elevation study and then a hydraulic study.
Mr. David Blauss, Chairman of the Recreation Committee commented that the hypothetical plan for the repair of the control structure infringed upon the swimming area and suggested yearly maintenance instead. Mr. Hanscom said that it would be too costly in the long run. Mr. Lindquist was of the opinion that ascertaining the pond elevation was crucial to the design solution. Mr. Hanscom answered that a computer program would do the calculations to come up with something optimal. Mr. Clemons suggested that the stream (Indian Head Brook) be restored to it’s original state to correct it’s natural function.
Matt Rhodes, owner of Edgewood Bogs downstream, attended the meeting to state that he would like to continue using the water from Maquan Pond by a gravity system rather than pumping. Mr. Hanscom suggested that the cost of the project might be shared by both parties.
Mr. Alan Osgood, abutter on Maquan Pond, attended to seek assurance that something is being done. He has been complaining about the pond elevation for about 4 or more years and has heard a lot of rhetoric, but everything has been very conceptual up to this point, with the exception of the temporary measures taken to remove the sand. Everyone was in agreement that shooting the pond elevation would be the first matter to take up and Matt Rhodes suggested it be done in the Spring.
Public Hearings
7:30 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) - continued to 2/23/10 at 7:30 PM per request of applicant
Motion to continue to 2/23/10 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
7:45 PM After-the-Fact Request for Determination of Applicability for dewatering of a sump located in a residential basement associated with the remediation of a fuel oil release from an abandoned underground storage tank discovered in the yard at 366 Spring Street, Map 109, Lot 16 for Mrs. Frances MacKenzie represented by Wheatstone Engineering & Consulting, Inc., 220 Forbes Road, Suite 405, Braintree, MA 02184 (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Jeremy Blumberg, Project Geologist, made the presentation for an after-the-fact determination as the work was conducted by emergency certification through the Commission and under the auspices of the EPA (Environmental Protection Agency). After an investigation, it was ascertained that the fuel oil was coming from an abandoned oil tank in the yard from which small quantities of the oil traveled through a feed line into the basement. An ongoing dewatering operation continues to take place that consists of pumping water into a frac (separation) tank in the driveway and then discharging it into two 55-gallon carbon filters that absorb petroleum. The treated water is then discharged into an area in the rear of the house
around which haybales were installed. Wheatstone Engineering anticipates reviewing the analytical data and will provide such information to the Commission as it becomes available. To date, groundwater samples continue to exhibit lower contaminant concentrations than are applicable through Mass DEP standards. Mr. Lindquist asked for comments from abutters. Those present were:
Mr. & Mrs. Jim Rose, Spring Street - They came in to see what was going on and had concerns because they live in a “saturated” zone.
Ms. Marilyn Webber, Forest Trail – She asked if everything was done well and was okay.
Mr. Blumberg assured the abutters that it was a very small amount of fuel and the groundwater continues to be assessed and all results will be documented for DEP as well as the Commission. Mr. Vacca reviewed the application and recommended approval.
Motion to approve and issue a Neg. 3 Determination of Applicability with conditions: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Continued Notice of Intent for the construction of a single family residence and associated site work and a proposed driveway construction that includes two wetland crossings at 0 Independence Avenue, Assessors ID 74-0-4A-12-R for Roland Desrochers, Monson Savings Bank represented by SITEC Environmental, Inc. 769 Plan St., Unit C, Marshfield, MA 02050
(DEP #SE175-0581)
Mr. Rod Gaskell of SITEC, in response to Mr. Vacca’s previous comments had prepared and submitted a revised Functions and Characteristics Statement, added the wetland mitigation specifications to the plan, and demarcated the 50-foot buffer zone with conservation posts. In addition, as mitigation for the work within the 50-foot buffer, the applicant proposed an easement approximately 16 acres in size as a Conservation Restriction to be protected in perpetuity. Mr. Vacca had reviewed the latest information and was satisfied with the responses. He recommended closing the public hearing and issuing an Order of Conditions with conditions at the next meeting (2/26). Mr. Lindquist asked for comments from abutters. Those present were:
Mr. Dan Sullivan, Independence Ave. – Was primarily concerned with the water flow. Mr. Gaskell assured him that the bridge was wider than the wetland area and exceeded the capacity of what was in the channel.
Motion to approve variance to work within the 50-foot buffer zone: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Motion to approve and issue an Order of Conditions with special conditions: David Harris
Second: John Kemmett
Vote: 3-1-0 (John Kemmett against)
8:15 PM Continued Notice of Intent for a proposal to control aquatic nuisance vegetation by the Town of Halifax to treat the algae in the eastern and western basins of Monponsett Pond utilizing low-dose treatments of aluminum sulfate (alum), to preclude severe algae blooms and to lessen the likelihood of toxic algae blooms (DEP #SE175-0580)
Motion to continue until 3/9/10 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
Appointments
8:15 PM Appointment with Phil Clemons regarding the Town Forest
Mr. Phil Clemons informed the Commission that the Town Forest Committee, at their most recent meeting, voted to draft an article for the spring Town Meeting to change management of the Town Forest over to the Conservation Commission (rather than the Selectmen). The Commission would then have the authority to appoint people to manage it. All three members of the TFC, himself included, would be willing to continue to serve in their current roles as forest managers. Mr. Clemons was of the opinion that this was an opportunity to simplify Town Government as the TFC and the Conservation Commission essentially serve the same purpose.
Mr. Clemons passed out arial photos (attached) and went on to give a brief history of the Town Forest, the bulk of which, Lot 11 (30 acres) was established under a 1938 town meeting article that set it aside for forestry, wildlife and recreation. Because the Conservation Commission already owns several acres of the Town Forest (purchased in the 1970’s with the help of Self-Help grants), the rest of the Town Forest could then benefit from the same permanent protection afforded by state constitution Article 97. Mr. Clemons also mentioned that because the Parks & Fields Commission had finished clearing Lot 11B for its new ball fields, they should be amenable to a permanent plan of coexistence of forest and sports fields.
Mr. Clemons summarized by saying that the Town Forest needs constitutional protection as part of the Bay Circuit Trail, an important wildlife habitat, scenic open space and an important buffer to Wampatuck Pond. He implored the Commission to give their approval of a town meeting article which they did.
Request for an Extension
Request for a One-Year Extension to an Order of Conditions for Lot 2, 684 Pleasant Street, Map 8, Lot 4 for Deborah Lewis (DEP #SE175-0455)
Motion to issue a one-year Extension to the Order of Conditions: David Harris
Second: John Murray
Vote: 4-0-0
Discussion
Departmental Budget
Ms. Nehiley said the FY11 budget was for informational purposes only. It had been level funded.
Winter Delineation Policy (attached)
Motion to approve the Winter Delineation Policy as printed: David Harris
Second: John Kemmett
Vote: 4-0-0
Open Space Committee/Appointment of John Murray
Motion to appoint John Murray to the Open Space Committee as a replacement for the position formally held by Ron Grattan: Phil Lindquist
Second: John Kemmett
Vote: 4-0-0
MACC 2010 Annual Environmental Conference
Ms. Nehiley requested that if the Commissioners wished to attend the Conference to submit their registration forms to her by this Thursday.
Extension of Open Space & Recreation Plan – estimate & scope of services from MapWorks
Motion to hire MapWorks to update the Action Plan for the 2009 Open Space and Recreation Plan and to seek assistance from the Community Preservation Committee to pay for it: David Harris
Second: John Kemmett
Vote: 4-0-0
Thomas Mill Committee – Conservation representation
Mr. Lindquist was of the opinion that because the Mill was being turned over to Conservation, it would be prudent that a member represent the Commission on their Committee. However, after consulting with Ms. Merry Marini, Executive Assistant, Mr. Vacca found out that the Thomas Mill Committee has reappointed all seven of their members and are set at this time. She suggested that we wait until June at which time an opportunity may exist then to replace someone.
Annual Town Report
Motion to accept 2009 Town Report as written: David Harris
Second: John Kemmett
Vote: 4-0-0
Old Business/New Business
W.B. Mason/bill – signed
Clipper Press/bill – signed
Adjournment
Motion to adjourn at 9:30 PM: David Harris
Second: John Murray
Vote: 4-0-0
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