HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 23, 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: Phil Clemons, Associate Member
Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Minutes of March 9, 2010
Motion to approve: David Harris
Second: John Kemmett
Vote: 5-0-0
Executive Session Minutes of March 9, 2010
Motion to approve but not issue: David Harris
Second: John Kemmett
Vote: 5-0-0
Public Hearings
7:30 PM Continued 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 4/27/10 at 7:30 PM per request of applicant
Motion to continue to 4/27/10 at 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
7:45 PM Notice of Intent for completion of modifications to an existing firing range within 100 feet of a Bordering Vegetated Wetland at Davis Road, Map 28, Lot 5 for Hanson Rod & Gun Club represented by Land Planning, Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0587)
Frank Schellenger read the Public Hearing Notice and the abutters were verified. Steve Wry explained to the Commission that although the previous Order had expired, the majority of the work permitted had been done. Not completed was the installation of a concrete barrier which they had revised to show on the new plan as a wooden barrier to buffer the noise from the firing range better. The total amount of buffer zone disturbance from the proposed installation of the
poles for the barrier is 23 square feet. Mr. Vacca had two comments: To show the locus and the square footage of buffer zone disturbance on the plan.
Motion to continue to 4/13/10 at 7:45 PM pending receipt of a new plan and the stabilization of the site: David Harris
Second: John Kemmett
Vote: 5-0-0
8:00 PM Continued Notice of Intent for the construction of a single family dwelling with septic system, well, site grading and landscaping within 100 feet of a Bordering Vegetated Wetland at Union Park Street, Map 2, Lots 358 & 361 for Elko Construction Corp. represented by Vautrinot Land Surveying, Inc., P.O. Box 144, Plympton, MA (DEP #SE175-0586)
Mr. Don Ellis requested that the Commission reconsider the request for the variance from the 50-foot No Build setback. In addition to the native species plantings, he said that cedar conservation posts are proposed to prevent further encroachment into the buffer zone. Mr. Kemmett commented that the conservation posts weren’t a “barrier” to the wetland, they were to demarcate the buffer zone which is considered a resource area under the by-law. Mr. Kemmett asked if the house could be reconfigured or have an alternative architectural design so as to have less environmental impact to the area. Mr. Ellis said he would go back to the Board of Health to see if he could acquire a variance to move the septic system.
Motion to continue until 4/13/10 at 8 PM pending Board of Health review and approval: David Harris
Second: John Kemmett
Vote: 5-0-0
Discussion
TWRA Mini Grant – Wampanoag Canoe Passage
Ms. Nehiley updated the Commission as to the status of the grant application. It was submitted to the Taunton River Watershed Association on time accompanied by a project narrative, a brief history of the Passage and two letters of support from the Towns of Halifax and Pembroke respectively. Notification of the awards will be made in early April.
Hanson Wetlands By-Law Fee schedule
Ms. Nehiley and Mr. Vacca had prepared a draft fee schedule with proposed new filing fees and buffer zone fees. Rich briefly explained that a .25 per square foot buffer zone fee would be assessed for all projects within the 100-foot buffer zone with a cap of $1,000.00. Significantly, no buffer zone fees would be assessed for septic repairs and work within a previously disturbed area. The Commission will take it under advisement and discuss the subject at the next meeting on 4/13/10.
Maquan Pond Meeting
Mr. Vacca updated the Commission as to the goings on of the last couple of days. A meeting was called yesterday (3/22/10) regarding the potential of a situation at Maquan Pond that put a resident at risk for flooding. Those present were: Mr. Lindquist, Mr. Murray, Phil Clemons all of the Conservation Department, Rene Read, Town Administrator, Matt Rhodes, owner of Edgewood Bogs, Alan Osgood, abutter to Maquan Pond, Dave Blauss, Recreation Department, Al Hanscom, Engineer for the Town, Rich Vacca and Becky Nehiley. After making a site inspection at Camp Kiwanee, Mr. Vacca determined that more sand had migrated from the beach clogging the control structure and the culvert under the bridge was blocked up as was apparent by the high water on the pond side.
Mr. Alan Hanscom, P.E., a consultant for the Town, had suggested at the meeting that emergency measures to remove the debris in front of the culvert should be performed immediately. He went on to say that eventually, the control structure at the outlet of the pond and the culvert pipe under the bridge would need to be replaced. He suggested that the culvert pipe should be replaced post haste and perhaps done under the auspices of an emergency certification from the Conservation Commission and an After-the-Fact Notice of Intent filed afterwards. Financial commitments were made at the meeting. Mr. Alan Osgood offered to contribute $1,000 of his own money and Mr. Matt Rhodes, owner of Edgewood Bogs offered to pay for the cost
of the pipe. Rene Read, TA said that he would do everything he could.
As of this morning, (3/23/10) Mr. Vacca reported that with the assistance of Steve Archibald from the Water Department, the debris in front of the culvert had been removed but to little or no avail. Consequently, Hoadley Company, Inc. was called in to jet clean the pipe, but their unit got stuck. After a consultation between Mr. Vacca, Mr. Hanscom and Mr. Read, it was decided that the road had to be excavated to find the collapsed culvert and open the stream. Under the supervision of Mr. Vacca, Mike Gallant of Mass Reclamation, Highway Surveyor Dick Harris, and Fire Chief Jerry Thompson, the road was opened and a 12” cast iron pipe, a large root ball, and a log 8” in diameter were removed from the pipe. The water started to flow and the level dropped 1 ½” within the hour.
Mr. Hanscom proposed to have Scituate Pipe deliver a 36” reinforced concrete pipe and have it installed while there is currently access. This would be an alternative to a box culvert which would take 3-4 weeks to fabricate. He requested that Mr. Vacca implore the Commission to grant emergency certification to do this.
Mr. Alan Osgood, in attendance at both meetings, although satisfied with today’s activities, noted that the increased flow of water was drawing more sand from the Camp beach into the control structure. He proposed that the water level was not an “Act of God” but was due to the dumping of excessive amounts of beach sand near the culvert over the past few years. He maintains that the level of the pond has risen steadily over time and reiterated that it should be brought down to a reasonable degree so he’s not flooded out of his home.
Mr. Vacca summarized for the Commission that the Emergency Certification at Camp Kiwanee and an After the Fact Notice of Intent would include the repair of the culvert and any future work at the control structure. Mr. Hanscom has said that Land Planning will go out next week to do survey work with respect to hydrology. Mr. Clemons suggested that the NOI should consist of as much information as possible, including a beach management plan and a stormwater plan. Mr. Lindquist was of the opinion that before approving a 36” pipe, Mr. Hanscom should prepare storm calculations and cost estimates for the pipe versus a box culvert and shoot the elevation of the pond so as to make a sound decision based on facts. Mr.
Lindquist suggested a meeting to discuss the options before the next Conservation meeting on April 13th. All were in agreement. The meeting was scheduled for Monday, April 5th at 2 PM.
Motion to consider it an emergency situation at Camp Kiwanee: David Harris
Second: John Kemmett
Vote: 5-0-0
Orders of Conditions
Order of Conditions for construction of a single family dwelling at 308 Maquan Street, Map 70, Lot 37 for Kenneth Crosby (DEP #SE175-0584) - signed
Request for Certificate of Compliance
Request for a Certificate of Compliance for Hanson Rod and Gun Club, Davis Road, Map 28,
Lot 5 (DEP #SE175-509) - Mr. Vacca recommended that the issuance of a Certificate of Compliance be held off until the 1st meeting in April because of a problem with sedimentation to the right of the firing line. It should be resolved by then with stabilization.
Enforcement
81 Ocean Avenue
Mr. Vacca reminded the Commission that Mr. Smith’s Order of Condition had expired on 3/15/10 after his 6 month extension ran out. He is currently in violation as the site is not yet stabilized and his haybales have eroded. Mr. Vacca sent a letter to Smith ordering him to replace the Erosion Control Barriers by 3/26/10 and also file a new NOI with a deadline of 4/26/10 to complete his project.
Adjournment
Motion to adjourn at 9:25 PM: David Harris
Second: Frank Schellenger
Vote: 5-0-0
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