HANSON CONSERVATION COMMISSION
MINUTES OF THE MEETING OF NOVEMBER 29, 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
John Murray, Clerk
David Harris, Member
Also Present: Rebecca Nehiley, Administrative Assistant
Minutes
The minutes of November 15, 2011 were passed over.
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) - continued to 2/14/12 at 7:30 PM per request of applicant
Motion to continue until 2/12/12 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
Old Business/New Business
License Renewals - no issues
Edgewood Bogs
Motion to accept the gift of land from Edgewood Bogs, LLC under the Care and Custody of the Conservation Commission: David Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings cont.
7:45 PM Request for an Amendment to an Order of Conditions for the removal of water from the basement and filling of said basement as well as additional filling adjacent to the southerly corner of the removed structure up to the building foundation to prevent re-inundation of water at 1101 Main Street, Map 42, Lot 60A for Joseph Marangiello of J & M Realty Trust represented by Land Planning Inc., 1115 Main Street, Hanson, MA 02341 (DEP #SE175-0608)
John Murray read the Public Hearing Notice and the abutters were verified. Mr. Steve Wry began the presentation with a recap of what had already transpired. Mr. Marangiello had filed a Notice of Intent (NOI) and was issued an Order of Conditions (OOC) to install erosion control, remove the debris and conduct test pits to determine suitability for a septic design.
Presently, he is requesting an Amendment to the OOC to dewater the basement which has existing drainage water as well as groundwater within it. The proposed plan (dated 11/16/11) depicts the use of the existing pump area (which was previously used for cranberry processing) to pump water from the foundation into the existing sluiceway to the wetland area out back. An 8 horse power pump will pump 200 gallons per minute and the water will be treated before being discharged. If necessary, rip rap will be installed if there is any disturbance near the outlet of the sluiceway.
Mr. Wry went on to explain that it is essential to pump the water out to determine the location of the existing drainage structures so that new piping and drainage structures can connect with existing drains and to the pump station. The foundation will be filled simultaneously while it is being pumped out to prevent water from refilling the basement. In addition, Mr. Marangiello is proposing a 16’ wide, temporary gravel drive in order to gain access to remove the debris piles. In a future NOI filing, the driveway will be removed or transformed.
Mr. Harris wanted to know if it was the intent right now to fill the entire foundation in or was it going to stop at some point along the way? Mr. Wry answered that it may be stopped during the process while the drainage is put in. The drainage structures must be ascertained so as to determine what will happen permanently. In the meantime, a proposed oversized manhole will collect stormwater from across Main Street. Mr. Schellenger commented that on the plan there are a couple of schematic pipes coming in from the left and the right of the structure, and if there was an influx of water from other unknown sources, would the water go into that manhole. Mr. Wry said that was the plan until they find out how many pipes there are and if water is flowing through them.
Mr. Schellenger asked Mr. Marangiello what kind of conversations had he or his consultants had with the Highway Surveyor, Mr. Richard Harris. Mr. Marangiello answered that he had never talked with him. Mr. Peter Cavallo, his construction supervisor had and he was told that there was more than one drain that went into that building. He said the Board of Health was there today and the water was coming from across the street like a river but they can’t figure out where it’s going. Mr. Marangiello is of the opinion that 70% of the water is coming up from the ground.
Mr. Schellenger was of the opinion that Mr. Marangiello is taking on a piece of the MS4, the town’s sewer system which comes under Federal Law. If the property is redeveloped, all those stormwater rules come into play and essentially, Mr. Marangiello is taking on the town’s system and letting the Highway Surveyor off the hook. He’s going to end up spending a lot of money handling all of the water. Mr. Wry answered that first of all they have to backfill the foundation, look at the size of the pipes and then analyze what needs to be done. At that time, they will talk to the Highway Surveyor again.
Mr. Kemmett commented that this is a point source discharge into the wetlands and he doesn’t see how this complies with Stormwater Management. Mr. Wry answered that the cranberry production was a point source discharge operation at the time to which Mr. Schellenger replied there was no grandfathering clause. Mr. Kemmett said for the sake of moving forward, he would be happy to approve the dewatering plan, but anything beyond that,
there are too many questions. Mr. Wry made mention of the fact that the Environmental Protection Agency had issued a remediation permit.
Mr. Schellenger asked if the water discharge documentation calculated inflow during the work. Mr. Harris said that the Fire Department used to pump out the basement because the previous owner had turned the pumps off. If we had questions, we could ask them. Mr. Schellenger asked for copies of the results of water samples. In addition, Mr. Kemmett would like to see some soil samples. Mr. Marangiello answered they have tried to resolve those problems.
Mr. Schellenger commented that if the Commission approves the project without it harming the Great Cedar Swamp and for the sake of argument, if water is coming off the hill: a real problem has been created. If water is going into that manhole and if the building is filled: where is the water going to go? Mr. Kemmett said that he would like to make a motion to approve the dewatering, but not to fill it so we can see what’s there. It makes sense to have a hydrologist take a look at it because no one here is qualified to make those decisions. Mr. Schellenger said it’s a Catch 22 because you can’t see what’s there unless you get the water out and you can’t get the water out unless you fill. Mr. Kemmett made a motion to deny. Mr.
Marangiello said if that’s the case, he’s quitting. He’ll let the project go. There was no second.
Mr. Kemmett commented that he has an issue with the gravel drive in that Mr. Marangiello doesn’t specify that it will be removed and mitigated on the plan. Mr. Marangiello said it will be hard top when it’s done and that it’s necessary for the removal of the debris. Mr. Harris said that the removal could be conditioned into the Amendment. Mr. Harris went on to say that the wetlands have taken back over the property and as far as the road being temporary, there’s been enough damage there anyway and hopefully we can make something better out of a bad situation. Mr. Marangiello said that he was told by Mr. Vacca that you can do this project, no problem. So he bought the place and it’s been a year, there’s only so much he can
do. He looked at it as a good thing for the future.
Motion to approve a variance to allow work in the 50’ buffer zone for a temporary gravel drive to be removed upon the removal of debris and for the work in the sluiceway: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Motion to approve the Amendment with a condition that the proposed gravel drive is a temporary access and that pumping shall cease once the dewatering is complete (tentatively 1/15/12) and the foundation has been filled: David Harris
Second: John Murray
Vote: 3-1-0 (John Kemmett against)
Adjournment
Motion to adjourn at 8:30 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
| 
