HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 14, 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 Frank Schellenger, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Vice Chairman
John Murray, Member
John Kemmett, Clerk
David Harris, Member
Absent: Philip R. Lindquist, Chairman
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of May 10, 2011: John Kemmett
Second: John Murray
Vote: 4-0-0
Motion to approve minutes of May 24, 2011: John Kemmett
Second: John Murray
Vote: 4-0-0
Discussions
ESRI contract/Annual Maintenance Quotation – Mr. Vacca reminded the Commission that the annual contract includes updates for the ArcView Software as well as any maintenance that may be required. The cost is $400.00.
Motion to extend annual Maintenance Contract with Environmental Systems Research Institute, Inc. (ESRI): David Harris
Second: John Kemmett
Vote: 4-0-0
7:30 PM Appointment with Peter Cavallo for the 1101 (1057 Rear) Main Street demolition project
Mr. Cavallo, on behalf of Mr. Joe Marangiello (owner), explained to the Commission that during the early phases of the demolition, the Town wanted the building (the old Ocean Spray plant) safe. Therefore, some of the water that was in the building was pumped off. After he (Mr. Cavallo) got on board at the end of April, it was discovered that there was some contamination on the site that was created by the previous demolition contractor. Through permitting with the DEP, a site plan was approved and they got a procedure going for removal of the contaminated materials.
However, there is still a considerable amount of water in the plant itself. Last week he stopped by and spoke with Mr. Vacca as to how they can get the water down and get rid of it before they finish cleaning up the site and prior to filling the foundation. At that point, Mr. Vacca suggested he come in and discuss it with the Commission. Mr. Kemmett asked if the water had been tested. Mr. Cavallo answered that part of the water had been tested by National Grid, but the water had not had any hygienic testing. Mr. Cavallo added that the old plant had a system in place to pump the water. He was of the opinion that the groundwater was coming from the wetlands behind the building but with no system currently in place, the water was seeking its own
level. He was worried about simple contamination from the granular debris from the demolition which is making the water dirty and he thought that filtration was the solution.
Mr. Marangiello commented that since he has owned the building, it’s always had a foot of water in it. He thought that it was from rainwater, but then he found out it was coming from “someplace up on High Street.” Mr. Schellenger asked what would happen when they pump the water out….did they expect more water to come in? Mr. Harris commented that when Ocean Spray was operation, they had the pumps going 24/7 to maintain a dry level. The previous owner to Mr. Marangiello shut the pumps off. On several occasions, Mr. Harris said, the Fire Department was called to pump it out, but that ceased as well. Mr. Harris also said that the Town has pipes, a drainage system with 14 to 17 catch basins that go across Main Street, under the
railroad, under the building and out to the wetland. Mr. Marangeillo said he talked to Dick Harris, Highway Supervisor, who suggested to him that the water has to be pumped out so that you can ascertain where it’s coming from. Mr. Marangiello said he intends to hire an engineer.
Mr. Cavallo said they are trying to expedite the process of getting the building clean because they’re under a notice from the DEP to do so. It would be more efficient to get the water down while they are doing that and then hire an engineer to determine the hydrolic pressure and where it’s coming from. He added that there is a lot of debris on the floor of the basement. It’s dangerous to have anybody walk in there to do any remediation and it would be prudent to get the water to point so they can walk across the floor. He suggested maintaining the pumps for awhile so that they can clean up the basement. Mr. Vacca said that they are operating under an Emergency Certification until the demolition is complete. Whatever is done now will be reflected
in the Notice of Intent that eventually comes in and agreed that water testing should be done before any pumping takes place. Mr. Harris suggested that the Commission conduct a site inspection. Ms. Nehiley will coordinate an appointment for next week.
Public Hearings
7:45 PM Notice of Intent for a proposal to construct an ATV course for personal recreational use within 50 feet of Isolated Land Subject to Flooding at 20 Spring Street, Map 6, Lot 1390 for Eric J. Hatch, Trustee, Budda Realty Trust represented by John W. Delano & Associates, Inc., 220 Hudson Street, Halifax, MA 02338 (DEP #SE175-0605) (New Hearing)
Mr. Kemmett read the public hearing notice and the abutters were verified. Mr. Delano made the presentation. He submitted a revised plan dated 6/14/11 titled Conservation Site Plan Spring Lane and pictures that he had taken of the site. The revisions depicted the 50’ and
100’ buffer zones to the Isolated Land Subject to Flooding (ILSF) and the calculations for the amounts of disturbance within the two zones. Mr. Delano recapped that in April, 2011 the Commission had issued an enforcement order (EO) to Mr. Hatch to cease and desist from excavating/earth moving and to file an After-the-fact Notice of Intent (NOI) for said activities. Mr. Delano was subsequently hired to delineate the wetlands and to file the NOI. As per the EO, Mr. Hatch immediately erected erosion control (haybales) upslope of the ILSF. Mr. Delano added that Mr. Hatch intended to use the area as an ATV course for private recreational use.
Mr. Delano shed some light on the background of the property by saying that in February of 2003, Mr. Hatch had received approval from the Commission for a Single Family House and septic on the site, however that project never commenced. Mr. Delano submitted aerial photos of the site from 2005, 2007, 2008 & 2010, all showing a track. In addition, He was of the opinion that water would not drain towards the wetland because an earthen berm created a natural barrier. Mr. Harris read the abutters list. Those present were:
Kim McCoy, Cushman Street – is a direct abutter and was of the opinion that a MA General Law includes a by-law that says an ATV course cannot be constructed within 150’ of an abutter without their express written permission. She said she would never grant permission as she has a child with asthma. In addition, she submitted evidence that the area is within a Priority Habitat for Rare Species and Species of Special Concern (Box Turtle). She disputed that the area had always been like that and countered that it was more treed in the past. Her main concerns were air quality, noise quality and habitat issues.
Mike Travers, Cushman Street - Had concerns with drainage and noise and has also seen Box Turtles.
Judy Cannon, Cushman Street - “I object. I don’t want motorcycles in my backyard!” Also had concerns with noise issues and air quality.
Mr. Delano offered that the information in the Notice of Intent had been sent to Natural Heritage, but he has not received a response from them yet. Mr. Vacca commented that the abutters concerns are valid, but aren’t jurisdictional to Conservation. He clarified that the SFH approved in 2003 was proposed outside of the 50’ bz. He stipulated that the Commission dealt only with buffer zones and habitat and that air quality issues are under the authority of the Dept. of Environmental Protection. Mr. Harris suggested that the matter be continued until a response from Natural Heritage is received as well as a memo from the Building Inspector regarding zoning issues.
Motion to continue until July 12, 2011 at 7:30 PM pending receipt of said correspondence: David Harris
Second: John Kemmett
Vote: 4-0-0
8:00 PM Appointment with Mr. & Mrs. Darren Prescott of 101 Pratt Place to discuss a modification to a Determination of Applicability for a driveway repair
Mr. and Mrs. Prescott requested that they be allowed to modify the approved plan for a new driveway. The change consisted of moving the location of the driveway to allow for a mature tree as the original plan called for the tree to be knocked down. Mr. Vacca asked if the change was outside of the 100’ buffer zone. Mr. Prescott answered yes.
Motion to approve change: David Harris
Second: John Murray
Vote: 4-0-0
Blanket Permit for 705 Whitman Street, Map 109, Lot 1A for a shed
Blanket Permit for 399 Woodbine Ave., Map 3, Lot 24 for a septic repair
Mr. Vacca advised the Commission of two Blanket Permits that were issued recently for minor activities outside of the 50’ buffer zone.
WB Mason/bill – signed
Update on Oldham Pond
Ms. Nehiley advised the Commission that the Pembroke Board of Health had issued a warning regarding Oldham Pond due to suspected Blue/Green Algae which is considered a health risk. The board asked residents not to boat, swim or fish at the pond until testing confirms the presence of the algae. Subsequently, Ms. Nehiley received an email dated 6/13/11 from Kathy O’Neil Administrative Assistant to the Pembroke Conservation Commission that Aquatic Control Technology will be applying Phycomycin for the control of harmful microscopic algae growth into Oldham Pond on Wednesday, June 15th and the Pond is closed until further notice.
CPC Representative Report
Mr. Kemmett submitted an illustration of the proposed sign for the Nathaniel Thomas Mill. The meeting with the Zoning Board of Appeals had been postponed until 6/21/11.
Mr. Harris was of the opinion that the Commission should reconsider the Blanket Permit process for the vegetation management plan. He also commented that there should be a total plan for the Mill in place so that the Commission can go forward with acquiring grant money. Mr. Kemmett disagreed in that the Management Plan is phased and that the focus should be on vegetation management only.
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: John Murray
Vote: 5-0-0
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