HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JANUARY 10, 2012
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 the Conservation Office at the Town Hall.
Present: Frank Schellenger, Chairman
John Kemmett, Vice Chairman
John Murray, Clerk
David Harris, Member
Philip Clemons, Associate Member
Also Present: Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve the minutes of November 29, 2011: David Harris
Second: John Murray
Vote: 4-0-0
Motion to approve the minutes of December 6, 2011: David Harris
Second: John Murray
Vote: 3-0-1 (Dave Harris abstaining)
Motion to approve the minutes of December 13, 2011: David Harris
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance
Request for a Certificate of Compliance 18 Deer Hill Road, Map 102, Lot 7 & 18-4 (formally Lot 12A Deer Hill Road Ext.) for Paul McInnes dba Saddlebrook Development (DEP #SE175-0528)
Mr. Schellenger reported that he had inspected the property for a final Certificate of Compliance. The backyard had been vegetated as requested, but was badly eroded. He suggested to the owner’s father, who was present, to install a grass swale and to stabilize the embankment with some rock. Mr. Schellenger recommended to deny and revisit the issue in the Spring.
Motion to deny a final Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 4-0-0
Discussions
1222 Main Street
Ms. Nehiley reported that Mr. Hussey had acquired a Farm Plan and submitted it to the Commission as requested. Dr. Walter Hewitson had delineated the property and commented in his report that the road did not appear to be widened. Ms. Nehiley put in a call to Len Reno of
the Natural Resources Conservation Services (NRCS) who inspected and concurred with Mr. Hewtison that the road had not been improved. Therefore, Mr. Reno was of the opinion that Mr. Hussey did not have to file an After the Fact Notice of Intent as regular maintenance activities are covered under a Farm Plan. Mr. Schellenger said that the issue was that Mr. Hussey did not have permission to do the work on someone else’s property.
Nathaniel Thomas Mill and newly acquired Edgewood Bog property
Mr. Clemons reported that late last spring, he had drafted a vegetation management plan for the Mill which now has to be put in the proper format (blanket permit). It is his intent to prioritize the Mill in terms of what he will be contributing to the Commission. Also, the deed for Edgewood Bogs had been accomplished and recorded at the Registry. Again, as he is available, he would like to collaborate with the former landowner to help supervise the work that needs to be done there. Mr. Schellenger asked Ms. Nehiley to contact Matt Rhodes to find out the schedule of events for the coming months.
Public Hearings
7:15 PM Request for Determination of Applicability for a proposed gas main replacement occurring via the open trench method within the existing paved roadway at East Washington and Whitman Streets (New Hearing)
John Kemmett read the Public Hearing Notice and opened the hearing. The applicant had requested a continuance because of a conflict.
Motion to continue until 1/24/12 @ 7:15 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
Old Business/New Business
Clipper Press/bill – signed
Hiring of part-time agent for consulting work
Mr. Schellenger reported that two (2) Letters of Interest were received for a temporary agent. He asked Ms. Nehiley to get some more information from one of the two so that the Commission can make a recommendation to Mr. Read.
Factory Pond Dam
Mr. Schellenger reported that the Phase I Dam Inspection took place on 12/22/11 by Patrick Brennan of Amory Engineering and he’ll send us a copy of it when the report is finished. Mr. Brennan said that the condition of the dam is poor and he’ll make a recommendation for maintenance. The main problem is on the Hanover end of the spillway with erosion and vegetative growth and there is a crack in the outlet structure. Mr. Diniak of the Hanover DPW told Mr. Schellenger that they’ll be doing some work over there and they’ll be in contact.
MACC Environmental Conference/March 23rd, 2012 – let Becky know if you want to attend
Blanket Notice of Intent for jurisdictional activities on Conservation Land
Ms. Nehiley reported that after some research, she discovered that the Town of Weston had filed a Blanket Notice of Intent which covered jurisdictional work on all of their Conservation open space parcels. Consequently, a Blanket Order of Conditions was issued and addressed things like trail maintenance and invasive species removal in the buffer zone and applies to volunteer work and/or Eagle Scout projects. It sets specific standards for land management activities and sets an example for homeowners in the Town. Ms. Nehiley thought it might be timely to follow suit and think about doing the same since the Town of Hanson has just acquired two open space parcels within the last couple of years that will require similar types of maintenance activities.
Public Hearings cont.
7:30 PM Request for Determination of Applicability for the creation of a small parking area, a path to the river and a canoe launch on Conservation land located at Adams Circle, Map 120, Lot 114 for Peter Veneto III, 24 Greenbrier Lane, Hanson, MA as part of an Eagle Scout Project (New Hearing)
Mr. Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Peter Veneto of Hanson Boy Scout Troop 34, who’s working towards his Eagle Scout, made a presentation for a project that would benefit the community. His idea was to utilize an unused town-owned lot on Adams Circle to create public accessibility to the Indian Head River. He explained that he would create a 3-foot wide path to the river and a small, flattened area with woodchips for parking of a couple of cars. Peter was of the opinion that he could accomplish this without cutting any trees. To demonstrate, he had a tablet for which he presented pictures of the beginnings of a natural trail.
Mr. Murray asked how far back from the road the trail went. Mr. Jim Armstrong answered about 150 feet and went on to explain that as a former Selectmen, the reason for accepting the lot at the time was that it be used for this reason (accessibility). Mr. Kemmett asked if it was strictly a canoe launch. Mr. Veneto answered yes, that a canoe would have to be carried to the river and anything bigger would not be feasible. Mr. Schellenger asked for comments from abutters. Those present were:
Robert Rothwell, Adams Circle – Lives next door and was of the opinion that a footbridge would be needed because of 60-70 feet of marsh. Also, had concerns that the woodchips might be washed away and that there wasn’t enough room for parking. Concerned with trash and maintenance of the property. He asked the Commission to reconsider or to investigate further.
Ava Rothwell, Adams Circle - Concerned with parking and safety of children.
John & Linda Hurlebaus, Adams Circle – Sent e-mail which was read into the record. Concerned with traffic and safety of children in the neighborhood. They were opposed to the project.
Irene Kennerdell, Adams Circle – Concerned with street flooding, trash and kids drinking.
Other residents of the Adams Circle neighborhood were also permitted to speak to the Commission, as follows:
Anthony Modestino, Wagon Trail – Sent e-mail which was read into the record. He’s opposed to the project because of potential for drinking and partying, pollution from cars, and trash.
Bob & Ginny Sears, Adams Circle - Sent letter of support which was read into the record. The river should be made accessible to ALL residents. Ginny was in attendance and noted that they applauded Peter’s efforts.
Anne Bonatti, Adams Circle – Read a letter into the record with signatures from about 30 residents opposed to the project. It would create a dangerous traffic situation as it is a family neighborhood with children. Also, concerned with parking, trash, noise, kids gathering, crime and the devaluing of homes in the area.
Jim Murdock, Adams Circle – Concerned with the privacy of the neighborhood.
Jason Murdock, Adams Circle – The neighborhood is quiet and safe now. Concerned with out of control kids and how the area will be policed.
Charles Fulton, Adams Circle - Concerned with traffic and maintenance of the area.
Don Quimby, Adams Circle - Doesn’t believe there is adequate access to the river.
Stephen Bonatti, Adams Circle – Concerned with safety, liability and someone breaking into homes from the river.
Joseph O’Neill, Adams Circle - Would create a real hazard. It’s a different world out there, doesn’t want to live in fear.
Mike Borgan - Commended Peter but asked if people in Hanson and Adams Circle want this? Doesn’t seem so. There are other places to launch. It’s a bad corner for parked cars. Concerned with safety of children.
Steve Sullivan, Greenbrier Lane – He supported Peter. He’s putting in a path, not a liquor store. He’s working on a Scout project.
Beth Drewniak, Adams Circle – Summarized by saying this is not about Peter, not about Eagle Scout, he’s a wonderful kid and it’s a wonderful family. But, all are concerned with property values and safety of children.
Peter asked the Chairman if he could provide rebuttal remarks and Mr. Schellenger agreed. Peter reiterated that the project is not meant to destroy or harm. It would be for the Town and the community to appreciate the river because it is presently not accessible. He said that the river is “gorgeous” and “secluded.” If canoed, parts of the town never seen will be opened up to others. The launch is for a “person” or a “family”. It is not an attack on the community, it’s an improvement and meant for people that “appreciate nature.” Peter concluded by saying that signs will be posted deeming the area open from dawn to dusk only.
Mr. Harris commented that he had made two inspections, both times walking the property. In both cases, there was 60’–100’ of wet area before reaching the stream and he questioned the suitability of the parking area in a wet season. Moreover, he had grave concerns of unknown parties dumping their leaves and brush onto the property for which he was of the opinion; there was “25 years worth.” He admonished the unknown parties for this and said it “has to cease.” As for the feasibility of the project, he suggested bird boxes instead of a canoe launch.
Motion to deny based on his own observations and not the comments from the abutters. He affirmed that the property was public and belonging to the Town, not just the neighborhood: David Harris
Second: Frank Schellenger
Vote: 2-2-0 (Motion defeated)
Motion to continue until 1/24/12 at 7:30 PM so that the other Commissioners have an opportunity to inspect: John Kemmett
Second: John Murray
Vote: 4-0-0
Appointments
8:00 PM Appointment with Mr. Marangiello regarding 1101 Main Street project (Mr. Clemons recused himself from the meeting during this conversation)
Mr. Marangiello came to the meeting with Steve Wry of Land Planning to discuss his idea to utilize land that he owns behind 1101 Main Street to remove gravel in an upland area to fill his foundation. Mr. Wry confirmed that there are wetlands on either side of the road that lead out to this upland area. Mr. Schellenger said it would have to be delineated and because it would require a crossing was a very serious issue. Also, if the road needs to be improved in any way, it would require a Notice of Intent.
Mr. Kemmett asked if it was clean fill. Mr. Wry answered that they’ll know when they excavate if it is virgin material. Mr. Kemmett reiterated to Mr. Marangiello to propose something and they’ll look at it. If it is smoothed over and cleaned up afterward, it might be feasible. In addition, Mr. Marangiello would need an excavation permit from the Selectmen.
*Ms. Audrey Hayward introduced herself to the Commission after being appointed by the Selectmen as a new member to fill a seat vacant since last summer. Although not sworn it yet, she came to the meeting to get acquainted. She said that she was interested in protecting the wetlands and the environment. The Commission welcomed her.
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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