HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 26, 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
John Murray, Member
John Kemmett, Clerk
David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of October 12, 2010: David Harris
Second: John Murray
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)
Mr. Keith Gaizaille of Aquatic Control Technology made the presentation for a proposal to treat Oldham Pond for excessive algae blooms, specifically the toxic blue-green algae (mycrocystis), which have increased in frequency and severity in recent years. He went on to say that because a Species of Special Concern, the Eastern Pond Mussel had been identified in Oldham Pond, the Natural Heritage of Endangered Species Program (NHESP) had been notified and involved. Since June of 2009 they have been working with NHESP to come up with a satisfactory treatment/management plan. They settled on a Phycomycin treatment (Peroxide Algaecide) which are pellets that are diluted, applied and have reportedly shown good effectiveness on blue-green algae species while minimizing potential impact to
the rare mussels.
Per NHESP’s approval letter (7/2/10), mussel population surveys will be conducted prior to, during and after application of the herbicide in terms of mortality and behavioral changes indicative of stress. Also, water quality monitoring, i.e.: testing pH, alkalinity, dissolved oxygen, etc. shall be collected twice a month and algae monitoring shall be conducted on a weekly basis from May until the end of September in order to determine the appropriate location of and dose of treatment. Mr. Gaizaille stressed to the Commission that the treatment is more reactionary rather than preventative and will probably continue indefinitely, although will not begin until 2011 pending funding. Mr. Harris requested that the Commission be notified when the testing and treatment begins.
Motion to close the hearing and issue an Order of Conditions pending review of the 2010 Oldham Pond Algae Management Plan : David Harris
Second: Frank Schellenger
Vote: 5-0-0
Appointments
7:45 PM Continued Appointment with John Hixson of Development South Realty Trust to discuss a wetlands violation at Map 8, Lot 11-1 Pleasant Street
Ms. Brooke Monroe submitted a Plan of Land (dated 9/7/10) depicting the restoration measures that were requested by the Commission at the previous meeting, i.e.: Erosion control adjacent to the isolated wetlands, boulders across the path entrance to prevent vehicles from accessing the site and a notation on the plan that the vernal pool (VP) be certified in the spring. It was also decided to allow the area to revegetate on it’s own.
Mr. Lindquist was concerned that the proposed erosion control would act as a barrier to wildlife. In addition, he suggested that both vernal pools be certified. Mr. Vacca commented that the Commission should confer with Misty Anne Marold, an Endangered Species Review Biologist from NHESP on the Plan and await her comment. Mr. Schellenger thought that the erosion control was downhill from the disturbed area and he was of the opinion that it should be right up against the edge of the VP. He recommended that we move forward with erosion control and the boulder placement regardless of NHESP review.
Motion that interim action be taken to install the erosion control and place boulders pending NHESP review: Frank Schellenger
Second: David Harris
Vote: 5-0-0
8:00 PM Appointment with Glynn Tree Service to discuss a violation of the Hanson Wetlands Protection By-Law and the State Wetlands Protection Act at Pleasant Street, Map 8, Lot 11
Mr. Chris Glynn attended the meeting. Mr. Lindquist communicated to him that tree companies are held not only to the MA Wetlands Protection Act, but also the Hanson Wetlands Protection By-Law which stipulate that any activity within 100 feet of a Resource Area and 200 feet of a Riverfront Area must come before the Commission for approval. The two ILSF’s (Isolated Land Subject to Flooding) that are shown on the Plan were and are subject to this By-law.
Mr. Glynn explained that he was contacted by Mr. Hixson to clear a path 200’ deep by way of the least amount of cutting. He alleged that he was shown a plan and looked at the area from the road only. He said Mr. Hixson did not make mention of any wetland concerns but, he no longer had a copy of that plan. Mr. Vacca strongly encouraged Mr. Glynn that, in the future, if working close to a resource area in Town to call the office before commencing work.
Motion to issue a $100.00 fine for cutting within the buffer zone without the proper permitting: John Kemmett
Second: Frank Schellenger
Vote: 4-1-0 (John Murray against)
Orders of Conditions
Order of Conditions to construct a new cranberry bog within the buffer zone to a Bordering Vegetated Wetland at 125 South Street, Map 24, Lot 34 for Barbara & Richard Duncan (DEP #SE175-0594) – signed
Order of Conditions for a stormwater management system for a four (4) lot residential subdivision with 640 linear feet of roadway at 1460 Main Street, Map 44, Lots 5-1, 5-2, 5-3 & 5-4 for Roger Morton, Great Cedar Condominiums LLC (DEP #SE175-0597) - signed
Discussions
November and December meeting schedules
The meeting of November 23rd was moved up to the 30th because of the Thanksgiving holiday. One meeting was scheduled in December on the 14th and Ms. Nehiley was asked to schedule another meeting if it was warranted.
Request for Certificate of Compliance for Meadowbrook Garden Center, Franklin & W. Washington Streets, Map 67 , Lot 6A for Steve Alexander (DEP #SE175-0327)
Mr. Alexander attended the meeting. Mr. Vacca said that Mr. Steve Wry of Land Planning had submitted a letter on behalf of Mr. Alexander certifying that the project was in substantial compliance with the Order of Conditions. The original approved project involved development of the site to display and store landscape products and materials. Mr. Alexander elaborated to the Commission by saying a Partial Certificate had been issued a year ago for Lots 1 and 3 for the completed stormwater drainage system. His intent now is to close out the entire project as leftover construction work on Lot 2 has been completed. A site inspection was scheduled for Thursday, Oct. 28th at 2:30 PM.
Old Business/New Business
John W. Delano & Associates, Inc./Invoice for Consultant services – signed
Executive Session
8:45 PM Mr. Lindquist asked for a motion to go into executive session under Massachusetts General Laws, Chapter 39, Section 23B (3) to discuss strategies with respect to pending land acquisition because a public discussion of these strategies will have a detrimental effect on the negotiating position of the Town of Hanson through the Conservation Commission.
A Roll Call vote was taken and each member was in favor.
9:05 PM, the Commission voted unanimously to come back into public session. It was announced that a vote was taken during executive session.
Adjournment
Motion to adjourn at 9:05 PM: Frank Schellenger
Second: John Murray
Vote: 5-0-0
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