HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF SEPTEMBER 13, 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, Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Chairman
John Kemmett, Vice Chairman
David Harris, Member
Absent: John Murray, Clerk
Also Present: Philip Clemons, Associate Member
Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve minutes of July 26, 2011: John Kemmett
Second: David Harris
Vote: 3-0-0
Motion to approve minutes of August 9, 2011: John Kemmett
Second: David Harris
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)
Motion to continue to 10/25/11 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 3-0-0
Mr. Schellenger mentioned because they do not currently have a full compliment of members, the Commission may have a problem with quorum. He asked if it was acceptable for the Chairman to make a motion and second under these circumstances. Mr. Harris and Mr. Kemmett agreed and gave their consent.
Determinations
Blanket Permit Determination for 863 Winter Street, Map 114, Lot 7
Mr. Vacca reported that a Blanket Permit was issued for the construction of a 12’ x 18’ shed on footings that were approximately 80’ from the resource area.
Blanket Permit Determination for 124 Spring Street, Map 100, Lot 13BMr. Vacca reported that a Blanket Permit was issued to Mike Zamangi, not for the overall construction of a garage, the ootprint of which was moved out of the 100’ buffer zone, but for the necessity of the removal of two trees to allow this activity.
Old Business/New Business
Request for Certificate of Compliance for 17 Deerhill Rd. (DEP #SE175-0529)
Motion to issue a Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 3-0-0
1222 Main Street – complaint
Mr. Vacca reported that allegations were made that a Mr. William Hussey, who owns and operates a nursery, has been getting stone/waste material from MBTA work to widen and pave a road. Said road is a Right of Way over private property, conservation land and the Zone II Aquifer and is adjacent to a tributary of and Poor Meadow Brook itself. It is also in the vicinity of a certified Vernal Pool #4311.
Mr. Vacca hiked the property today and observed/confirmed that the activity had taken place from the vantage point of conservation land. He also collected a sample of the railroad debris. Mr. Schellenger had a conversation with Mr. Hussey previously at which time he offered a defense in that he was exempt as a farmer. Mr. Vacca commented that staff is not in receipt of a farm plan which is a prerequisite for normal maintenance activities. Mr. Vacca would like to contact Mr. Hussey to have him file an After-the-Fact Notice of Intent.
Motion to allow Mr. Vacca to contact Mr. Hussey: David Harris
Second: John Kemmett
Vote: 3-0-0
Public Hearings
7:45 PM Continued Request for an Amendment to an Order of Conditions for the conversion of an existing tight tank to a more conventional system at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith and Susan Sanders (DEP #SE175-0591)
Mr. Webby submitted a revised plan dated 8/23/11 depicting the installation of a new septic system to replace the existing tight tank. The Board of Health had given their approval with a variance to the setback requirements. Because Monponsett Pond is a tributary to a surface water supply, the DEP required a secondary treatment (pressure dosed system.) Mr. Webby submitted the approval letter from DEP dated 8/31/11. Mr. Smith commented that 90% of his yard was landscaped and groomed, but several of his trees out front are dying and he wants to remove and replace them with new trees.
Motion to approve and issue an Amended Order of Conditions: David Harris
Second: John Kemmett
Mr. Vacca asked Mr. Smith to hold off on replacing the trees until he can review the landscape plan this fall.
Vote: 3-0-0
Discussions
Emergency Regulations for Clean Up Activities Following Hurricane Irene
Mr. Vacca commented that the regulations didn’t apply to us unless we wanted to rescind them. He also said that Hanson did not receive a lot of damage from the storm and there hadn’t been many emergency situations. Mr. Kemmett reiterated that the local Wetlands By-Law still applies so it doesn’t negate our ability for oversight.
Conservation Restriction for 444 Birchbark Drive
Mr. Schellenger reported that he’d had a conversation with Mr. Read, Town Administrator who said it was the Selectmen’s view that the money ($10,000) for the CR is a legal settlement that would be put into the General Fund. He suggested that it’s not to be considered a gift to Conservation and for that reason, he would not support putting it into the Conservation Fund. He suggested that the Commission go to Town Meeting to ask for money to replenish the Conservation Fund. Mr. Schellenger asked if the Commission wanted to accept a restriction that comes down to freeing the Town of a court case that no one wants to pursue.
Motion to decline to sign the conservation restriction: John Kemmett
Second: David Harris
Mr. Clemons said that moreover, Conservation did not receive any money from the CR for the Smith-Nawalzelski Property for which the Town was paid $250,000 a couple of years ago. Mr. Harris added that this has not demonstrated good fiscal policy as these could have been opportunities to enhance the Conservation Fund. Mr. Kemmett commented that this particular piece of land has no conservation value (it’s a utility easement) and if we accept it, the Conservation Commission would have to maintain it and money would be involved.
Vote: 3-0-0
Oldham Pond Committee/volunteer
In response to a memo from Mrs. Merry Marini, Frank Schellenger volunteered to be on the Committee that Pembroke and Hanson are creating jointly to review issues with the Pond.
Public Hearings
8:00 PM Blanket Request for Determination of Applicability filed by the Hanson Conservation Commission to DEP on behalf of Hanson property owners seeking permission for small projects (listed in the Public Hearing Notice) within 50-100 feet of a resource area. Parcel addresses and assessor references vary dependant on individual requests filed. (New Hearing)
John Kemmett read the Public Hearing Notice. Mr. Vacca explained that this is the 2nd re-authorization since 2005 allowing us to issue a streamlined Blanket Determination to residents for minor activities. He mentioned that all work would have to be within the 50’ to 100’ buffer zones
with the exception of two additional items: Tree removal and invasive species removal within the 100’ buffer zone. Mr. Vacca said that after reviewing procedure in other communities, it was found they had a provision for invasive species removal. Mr. Kemmett cited literature that says that dead trees are beneficial to the environment. Mr. Vacca agreed and stipulated that trees would restricted to being topped off at 8 or 10 feet and no stumping would be allowed.
Motion to approve a Blanket Permit for minor activities within the 50’-100’ buffer zone out-lined in the Request for Determination and a variance for removal of trees and invasive species within the 100’ buffer zone: David Harris
Second: John Kemmett
Vote: 3-0-0
Operation & Maintenance Plan for Camp Kiwanee Beach & Parking Areas
Ms. Nehiley had copied and passed out the draft O & M Plan to the members of the Commission. Mr. Vacca said that Mr. Al Hanscom is attending the meeting on 9/27/11 after incorporating comments from all interested parties. Therefore, he recommended that the members review the Plan and e-mail their comments to him and he’ll set up something with Mr. Hanscom next week. Mr. Clemons wanted to clarify that what is identified as a “swale” on the enclosed plan is Indian Head Brook and thought it should be depicted with it’s proper name in the future.
Edgewood Bogs
Mr. Vacca reported that he had very little to offer in the way of any new information. He had sent Mr. Rhodes an e-mail and left a phone message, but had not heard back. Mr. Schellenger asked what the status was. Mr. Vacca answered that the USDA had issued the agricultural restriction and we were awaiting the final disposition.
1101R Main Street
Mr. Vacca reported that a meeting took place last week on 9/8/11 at the site with members from the Board of Selectmen and the Board of Health, Vin Flaherty, Health Agent, Rene Read, Town Administrator, Al Hanscom, Town Engineer, Bob Curran, Building Inspector, Joe Marangiello, owner and Peter Cavallo, his consultant. All had an opportunity to query the landowner and his consultant from their own particular perspectives. Mr. Hanscom had a few questions about the water quality, the water elevations and the origin of the water. The elevation in the foundation holes is exactly the same as the Bordering Vegetated Wetland, leading everyone to conclude that it’s a combination of ground water and surface water. They found a 48” pipe that comes into the foundation from Main
St..
Mr. Vacca stated that his focus was erosion control, which was to have been installed by today. He had inspected and had two issues with the installation. One was a discrepancy in the location and the other was that vegetation had to be cut to allow the contractor to go around the debris pile. Mr. Vacca said that he approved it because the vegetation was mostly invasive Bittersweet.
Mr. Kemmett inquired why the owner was afforded so much latitude. Mr. Vacca reiterated that they are currently operating under an Emergency Certification. Everything, including the demolition of the building thus far and the remediation of the site is reflected in the
After the Fact Notice of Intent which was submitted today along with a progress print and plan produced by Land Planning, Inc.. Mr. Schellenger asked to what extent the DEP was involved in
the project. Mr. Vacca answered that they handled the asbestos abatement and are issuing a discharge permit for the pumping of the foundations.
The Future of the Hanson Conservation Commission….Where are we going?
Mr. Harris commented that he has looked at the lack of funding, the cutback of the hours of the agent and staff, and all that needs to be done in the context of the Conservation and he is of the opinion that we don’t have the resources to carry out the duties of the office. He mentioned as current examples the treatment of Oldham Pond, the acquisition of Edgewood Bogs, the demolition of the Ocean Spray Building at 1101 Main Street and several enforcement issues that haven’t been addressed. He hopes that the residents have concern for the oversight of the wetland issues in the Town of Hanson. Otherwise, he feels that he is wasting his time. Mr. Kemmett added that we have to put pressure on people to understand the importance of what the Commission is doing. Mr.
Clemons said that he is taking a course in watersheds and he hopes to assist the Commission in ways that the Commission and staff might not have time to delve into.
Mr. Schellenger has been researching how the Commission activities are funded and found it to be distressing. For example, money from our By-law fees and money generated from the Thomas Mill is going into the General Fund. In addition, we haven’t received any gifts and have gone many years without any appropriations from the Town into the Conservation Fund. As this is the principal source of funding for non-Wetland Protection Act activities, Mr. Schellenger was of the opinion that we’re in danger of not funding anything in accordance with the law. The Notice of Intent Fund is required to be kept separate by State Law but has been co-opted by the Selectmen into Wage and Salary Account. He suggested that during the next budget cycle, the
Commission should make every attempt to stem that because there are many things that we could be doing that are not going to get done otherwise. He said that he hasn’t seen job descriptions for the agent or administrative assistant but guessed that they were incomplete adding that the idea that the work can be done part time is unreasonable. Mr. Schellenger was of the opinion that putting the By-Law fees into the General Fund is patently illegal so we need to establish a revolving account at the next May meeting or the Commission has got to stop charging those fees.
Adjournment
Motion to adjourn at 9:00 PM: John Kemmett
Second: David Harris
Vote: 3-0-0
| 
