HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 15, 2011
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:00 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
John Murray, Clerk
David Harris, Member
Phil Clemons, Associate Member
Bob Dillon, Associate Member
Also Present: Rebecca Nehiley, Administrative Assistant
Richard Vacca, Agent
Minutes
Motion to approve the minutes of October 25, 2011: David Harris
Second: John Murray
Vote: 4-0-0
Mr. Frank Schellenger made note of Rich Vacca’s recent resignation and thanked him for a “remarkably good job” over the last four years. He wished him “Godspeed” in his new endeavors.
Discussion
A discussion ensued over the pending land donation from Mr. Matt Rhodes in anticipation of the Selectmen’s meeting at 7:30 PM. Mr. Clemons expounded on a handout that he had prepared listing all of the pros of accepting the gift, particularly #10 which discussed increased property values because of it being a recreational resource area with regional importance. Also, the acquisition would fill a gap in the Bay Circuit Trail eliminating the danger of hikers traversing onto Route 14 and instead into a scenic bog and woods path. Mr. Murray inquired about the 5,000 square foot parcel located in Pembroke that Mr. Rhodes mentioned donating to Hanson as part of the transfer. Mr. Vacca said that it was okay for the Town of Hanson to own property in another town in fee as a legal entity.
Public Hearings
7:30 PM Request for Determination of Applicability for regarding of the parking lot and construction of a surface drainage swale at the Camp Kiwanee Beach Area for David Blauss/Camp Kiwanee represented by BETA Group, Inc., 315 Norwood Park South, Norwood, MA 02062.
John Murray read the Public Hearing Notice and the abutters were verified. Mr. Kemmett asked if the Recreation Commission had a date certain to commence work. Mr. Blauss answered that they would like to get started very quickly once they have an affirmation from the Commission. Mr. Kemmett was also concerned with a time frame for which Mr. Blauss estimated an end date of 4/1/12 to 4/15/12 depending on the weather conditions this winter. Mr. Schellenger asked for comments from abutters. Those present were:
Alan Osgood, Maquan Street – Mr. Osgood was of the opinion that the most pressing issue is to restore the flow of the outflow pipe. He said that the pipe is clogged now and the pond was close to flood stage.
Mr. Blauss asked what their ability was at this point. Mr. Vacca answered the next step would be an inspection and follow the procedure in the O & M Plan.
Motion to approve a Neg. 3 Determination of Applicability to be completed by April 15, 2012: David Harris
Second: John Kemmett
Vote: 3-0-0
8:00 PM The meeting continued downstairs at the Selectmen’s Meeting to discuss the Edgewood Bog land donation. Mr. Matt Rhodes was present.
Mr. Vacca gave an explanation of the agricultural restriction that Mr. Rhodes has already executed with the United States Department of Agriculture placing the parcel under a conservation restriction in effect. The USDA will also provide funding for a restoration program. With the exception of the access road, which will deeded separately, the entire 103 acre parcel will be gifted to the Town under the care and custody of the Conservation Commission. Under the restoration program, all existing infrastructure will be removed so that the stream can be allowed to return to it’s natural state and invasive species will be eradicated. The town is charged with overseeing the process but the USDA will provide the plans, a scope of work and funding.
Mr. Clemons added that the acquisition would provide protection of wildlife and water resources as well as gain access to more than 2 miles of ready made walking trails and shoreline. In addition, because the land borders Camp Kiwanee and the Pembroke Town Forest, it connects and enhances the Bay Circuit Trail, taking it off of busy Route 14 and back into the woods.
Motion to accept land donation from Mr. Matt Rhodes of Edgewood Bogs, LLC:
James Egan
Second: Don Howard
Mr. Flynn asked about guidelines for hiring contractors. Mr. Vacca answered that it would go through procurement as with any other project. Mr. Soper asked about the town’s financial liability. Mr. Vacca reiterated that the Town would not have any financial responsibility. Mr. Clemons added that there was a high chance of getting support from the Bay Circuit Alliance to successfully apply for grants. Mr. DePina asked if the bogs were to be taken out of production. Mr. Vacca answered yes, that they will be allowed to return to a forested wetland.
Vote: 5-0-0
The Selectmen thanked Mr. Rhodes for this generous gift of land to the town.
8:40 PM Meeting resumed upstairs in the Conservation office.
Request for Certificate of Compliance
Request for Certificate of Compliance for 294R Monponsett Street, Map 31, Lot 13-1 for Nadeam Nahas (DEP #SE175-0568)
Mr. Vacca reported that no new information had been received from Mr. Nahas. The erosion control is protecting the resource area, but the gully needs to be filled in or gutters installed.
Motion to deny: David Harris
Second: John Kemmett
Vote: 4-0-0
Discussions
Conservation Fund/Upkeep of Nathaniel Thomas Mill
Mr. Kemmett mentioned that one of the agenda items at the Community Preservation Committee meetings is that Mr. Bruce Young sold them on the idea that there would be rental income to maintain the site and he has not followed through with that. Mr. Schellenger wondered if it was a good idea to have a Memorandum of Agreement (MOA) that Conservation Commission is responsible for the land and whoever wants it, is responsible for the building. Also, we have to get going on the site itself. Mr. Harris suggested that the invasive species removal should be handled by an NOI under specific guidelines. Mr. Vacca suggested that the stakeholders get together again, map out what needs to be done and come up with a MOA. Mr. Schellenger recommended that we schedule a business meeting on 12/06/11
at 7PM to discuss this issue further. Ms. Nehiley will post a meeting for that date.
Budget
Ms. Nehiley reported that the Town Administrator has asked that we level fund again this year and that revenue be projected for FY13. Mr. Vacca did some calculations and found that revenues were down from last year at this time. Mr. Kemmett was of the opinion that the Commission was legally responsible to comply with regulations whether they have money or not and that you can’t quantify what we do by the amount of fees brought in. Mr. Schellenger commented that the Open Space aspect of Conservation does not bring in any money at all and money is only spent on that end. Only projects related to the Wetlands Protection Act bring in the fees. Mr. Schellenger also suggested that the job cannot be done without the support of a full time agent and full time administrator. Ms.
Nehiley reminded the Commission that we have a budget meeting with Mr. Read and the Finance Committee on Tuesday, December 6, 2011 at 10 AM.
Factory Pond Dam
Mr. Schellenger reported that he had received assurance from Mr. Victor Diniak of the Hanover DPW that Hanover would take responsibility for the Phase I Dam Inspection. They are awaiting a quote from Weston & Sampson. The deadline for the report is February 12, 2012.
License Renewals
Mr. Vacca reported that the only outstanding issue is that Shaw’s has not been issued a Certificate of Compliance.
Birchbark Drive Conservation Restriction
Motion to rescind previous vote of 9/13/11 and approve a Conservation Restriction at 444 Birchbark Drive: David Harris
Second: John Murray
Vote: 4-0-0
Old Business/New Business
Schwabb/bill – signed
FY11 Balance Confirmation – signed
Adjournment
Motion to adjourn at 10:15 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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