HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 24, 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 Kemmett, Clerk
Absent: John Murray, Member
David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to continue the minutes of 5/10/11 until next meeting: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
Public Hearings
7:30 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)
Mr. Vacca informed the Commission that the Town of Halifax is having an informational meeting on Monday, June 6, 2011 to discuss the status of the treatment of the ponds. Mr. Read, Town Administrator, has asked that Mr. Vacca and Ms. Noreen O’Toole, Town Planner attend the meeting.
Motion to continue the hearing until 6/28/11 at 7:30 PM per request of applicant: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
Appointments
7:35 PM Appointment Mr. Alan Osgood regarding Maquan Pond Flooding
Mr. Osgood attended the meeting to address the situation of the pond level as it directly affects his property. He had heard that the Town is restoring the streambed located at Camp Kiwanee back to it’s natural state because the cranberry growers will no longer manage the water level at Edgewood Bogs. He asked if the Commission had set a benchmark and whether the control structure at Camp Kiwanee is to be repaired. Additionally, he was concerned that a representative from the Recreation Commission did not attend this meeting because they replenish the beach annually with sand which in turn clogs the control structure. Mr. Osgood is of the opinion that the Recreation Commission and the Town bear the responsibility if he and his neighbors are
flooded out.
Mr. Vacca commented that he had notified Mr. David Blauss of the Recreation Committee about tonight’s meeting, but he sent regrets because of a prior commitment. Additionally, Mr. Vacca, Mr. Read and Al Hanscom, the Town’s engineer recently had conversations with him regarding this issue. Mr. Vacca had sent a memo on Mr. Osgood’s behalf, stipulating that the Conservation Commission is the “regulatory body” only and that the work (issues with the beach and the elevation of the pond) need to be undertaken by the Recreation Committee with the support of the Selectmen. Mr. Vacca said that Mr. Hanscom had a conceptual idea for the control structure, but like everything else, money is an issue and a funding source uncertain.
Mr. Lindquist said that the Commission have previously asked for elevations and a solution for the structure, but have not received any response. He suggested that we reiterate to the Board of Selectmen through the Town Administrator what we’ve already asked for. Mr. Schellenger asked about the current situation with the ownership of the 20’x20’ piece of land where the control structure is located. To the best of his knowledge, Mr. Vacca said the Selectmen had not acted on it. Mr. Schellenger recommended another letter to the Town Administrator to try and get the situation straightened out and also notify the DEP for possible oversight. Mr. Osgood asked to be copied on the letter.
Discussions
CPC Representative Report
Mr. Kemmett reported that there was no real news. Progress on the sign was made and hopefully it will be done soon. Mr. Lindquist suggested that the Commission focus on clearing out the invasive species at the Mill as per Mr. Clemon’s Management Plan.
Motion to require a Blanket Permit to remove invasive species: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
81 Ocean Ave – Tree Cutting Request (pending submission of supporting documentation)
Mr. Vacca reported that Mr. Smith had not submitted any documentation and therefore recommended to continue the discussion until the next meeting.
62 Ocean Ave – Relocation of ECB
Mr. Vacca reported that an e-mail was received from Mr. Anderson’s attorney requesting that he have permission to move his haybales off of Mr. Charles Montgomery’s property and
onto his own. Mr. Vacca read the letter from Ms. Marie Cheung-Truslow into the record (attached). Previously, Mr. Anderson had argued with Mr. Vacca that he had left the haybales where they were because it was approved by Conservation and he was “protecting the environment.” Mr. Vacca reiterated that an Order of Conditions had been issued in 2005 granting him permission to place haybales onto the property in question with the understanding that Mr. Anderson was in the process of acquiring it from the previous owner.
Mr. Charles Montgomery, who was present, said that the matter had been settled on 11/12/10 by a court injunction to Mr. Anderson to remove his possessions (shed) and material of any nature off of Mr. Montgomery’s property. He would like a letter to Mr. Anderson from the Commission ordering him to do the same. Mr. Montgomery is of the opinion that Mr. Anderson wants to keep the haybales in place to support his adverse possession appeal.
Ms. Audrey Hayward, an abutter, commented that she supported Mr. Montgomery in that the haybales should be moved and are degraded and need to be replaced anyways. In addition, because Mr. Anderson’s Order of Conditions had expired in 2008, she was of the opinion that he should be reminded of a court order to file a new NOI to finish his project.
Motion to support the preparation of a letter to Mr. Anderson’s attorney supporting the court order for him to remove the haybales off of Mr. Montgomery’s property with a caveat that the Commission is allowed to incorporate comments to the letter before submission: John Kemmett
Second: Frank Schellenger
Vote: 3-0-0
Old Business/New Business
Request for a Partial Certificate of Compliance for Buildings 23 & 28 Winter Way, Stonebridge Commons (DEP #SE175-0396)
Motion to deny Request without prejudice: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
Adjournment
Motion to adjourn at 8:15 PM: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
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