HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 13, 2012
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
Audrey Hayward, Member
Phil Clemons, Associate Member
Also Present: Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of February 14, 2012: David Harris
Second: John Murray
Vote: 5-0-0
Motion to approve minutes of February 28, 2012 with revisions: David Harris
Second: John Kemmett
Vote: 4-0-1 (Frank Schellenger abstained)
Request for Certificate of Compliance
Request for a Partial Certificate of Compliance for 90 Pratt Place, Map 90, Lot 1 for Egan Development, LLC (DEP #SE175-0603)
Ms. Guiney reported that the grass was not growing yet, but erosion control was still in place She recommended issuance of a Partial Certificate of Compliance until the site is fully stabilized.
Motion to issue a Partial Certificate of Compliance: David Harris
Second: John Murray
Vote: 5-0-0
Discussions
Motion to add Ms. Hayward as signatory for invoices: David Harris
Second: John Kemmett
Vote: 5-0-0
Adams Circle/enforcement
Ms. Guiney reported that a letter had gone out to all of the residents of Adams Circle regarding the illegal dumping of yard waste. Also, the recently surveyed property line around Lot 114, clearly showed that an abutter had encroached onto conservation land with landscaping, a swing set and a fence. Mr. Harris suggested having bounds set onto the surveyed property. Mr. Schellenger suggested that we invite the abutters in to the next meeting.
Motion to get an estimate of cost to set concrete bounds on the right hand side of Lot 114 at Adams Circle: David Harris
Second: John Kemmett
Vote: 5-0-0
Public Hearings
7:15 PM Notice of Intent for a proposal for site preparation for redevelopment of an existing commercial facility where construction of the facility is not proposed under this NOI at 1101 Main Street, Map 42, Lots 60 & 60A for Joseph Marangiello, J & M Realty Trust represented by Land Planning, Inc., 1115 Main Street, Hanson, MA 02341 (DEP #SE175-0610) (New Hearing)
John Kemmett read the public hearing notice and the abutters were verified. Mr. David K. Harris, Jr. disclosed that although he is an abutter, he filed papers with the Selectmen to advise them he has no financial interest in the project so as to be allowed to participate. Mr. Wry of Land Planning, Inc. made the presentation and submitted an index sheet for the plans (dated 2/27/12). He went on to explain that Mr. Marangiello was looking to access another upland site adjacent to 1101 Main Street with the use of an existing cartpath to excavate sand and gravel to be used to fill the foundations. The resource areas were delineated by Sharon LaPorte on 1/16/12 and included five isolated wetlands and a bordering vegetated wetland. Because part of the wetland crossed the
cartpath, a 12’ gravel drive was proposed around that area and in addition, an area is to be set aside (outside the 50’ no touch zone) as a material staging area.
Mr. Wry explained that the cartpath had been there for years and was quite overgrown. He pointed out the plan detail for the dike improvement which depicted a 10’ wide gravel base, cutting the brush back to 12 ½’ beyond the erosion control (filter sock) and filling in the low areas or ruts. Out further where the upland is, a staked snow fence is proposed around the area to be excavated. A proposed 18,000 yards of gravel is anticipated to be trucked out. Mr. Wry said the elevation is to be 4 feet above the water table after the completion of the earth removal operations at 64’. He added that Mr. Marangiello had requested a variance to utilize the cartpath which is located within 50’ of a bordering vegetated wetland (dated 3/2/12).
Mr. Schellenger asked for comments from abutters. Present was Ms. Joan Pierce, Land Acquisition Agent of the MA Division of Fisheries and Wildlife. Ms. Pierce was concerned about dumping after the fact and didn’t want to see a giant hole become filled with plywood/tires, etc.. She asked if this was the cheapest way for Mr. Marangiello and what was the cost of a yard of fill. Mr. Wry answered that he wouldn’t pursue it if it wasn’t and that a cubic yard delivered commercially is about $12 per. Ms. Pierce asked if it was appropriate to ask what the future plans for the property were. Mr. Wry answered he didn’t know, but that another NOI would be filed for any proposed buildings. Mr. Kemmett asked what would
happen to the dike road afterwards. Mr. Wry said that it will be left as is and he didn’t think there was any intention of going back out there.
Ms. Guiney had no comment. Mr. Schellenger proposed that the Commission bring into play M.G.L. Chapter 44, §53G to request that Mr. Marangiello pay for an independent consultant review of the Notice of Intent, Stormwater management and inspection/verification of the wetland delineation. He would have to agree to consent to put money into an escrow. In this regard, Mr. John Delano had submitted an estimate of cost to perform work within a scope of these services.
Motion to hire a consultant under M.G.L. Chapter 44, §53G pending approval: John Kemmett
Second: John Murray
Vote: 5-0-0
Motion to continue the hearing until 3/27/12 at 7:30 PM: David Harris
Second: John Murray
Vote: 5-0-0
The Commission recessed at 7:45 PM and reconvened at 7:50 PM.
Appointments
7:30 PM Appointment with Charles Montgomery regarding a Request for a Minor Correction to the Shoreline Restoration Plan for 71 Ocean Ave., Map 2, Lot 1504 (DEP #SE175-0552) –
Motion to continue to 3/27/12 per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
Old Business/New Business
Mileage reimbursement – signed
Mill Committee
Ms. Nehiley reported that she was contacted by Mrs. Sylvia Salas of the Nathaniel Thomas Mill Committee who had been surprised that we had a meeting last week about the Mill because she had not been notified. She added that their Committee is still viable and active, but need direction as to what their responsibilities are. Mrs. Silas asked if she and others could come to our next meeting to discuss the Mill with the Commission. Ms. Nehiley said she would put them on the next agenda.
Request for a Partial Certificate of Compliance for 141 Phillips Street, Map 50, Lot 32 for Edward Johnson (DEP #SE175-0585)
Ms. Guiney reported that a single family house was completed in substantial compliance with the exception of stabilization, the installation of a driveway and a gas line. Mr. Harris, who accompanied Ms. Guiney on the inspection, commented that the Conservation bounds were set. Ms. Guiney recommended approval of a Partial Certificate of Compliance.
Motion to approve and issue a Partial Certificate of Compliance: John Kemmett
Second: David Harris
Vote: 5-0-0
Request for a Certificate of Compliance for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452)
Mr. Schellenger commented that he wanted to see the easement for the Stormwater Management Structures at the end of the road and asked Ms. Nehiley to contact Merrill Associates, Inc..
Motion to pass over Request for Certificate of Compliance: David Harris
Second: John Kemmett
Vote: 5-0-0
Edgewood Bogs
Mr. Clemons reported that since the last meeting, he had gone through the Edgewood Bog file and identified all of the major documents that will enable him to initiate a discussion with the Department of Ecological Restoration (DER). He asked the Commission to recall the site meeting that they’d had with Samantha Woods of the North/South Rivers Watershed Association (NSRWA) who, excited by the possibility of a restoration, put Phil in touch with several people who would nominate us for technical and financial assistance (informally). Mr. Clemons said that the interest level was pretty high in talking with various people.
Because a Request for Responses from the DER will go on March 26th, he would like to schedule another site walk with Franz Inglefinger, who is a cranberry bog restoration expert. He added that the Commission has a proposed restoration plan that was drafted by Matt Rhodes and it was an ideal time to have someone from DER come in and look at the proposal and possibly make suggestions to the USDA. He cited that because the situation is still fluid and the plan is preliminary, we have a “chance to put together a real, quality plan.” Mr. Clemons said that he would like to submit a synopsis of relevant documents from the file to the DER.
Motion to move forward and schedule a site walk with DER before 3/26/12: David Harris
Second: Audrey Hayward
Vote: 5-0-0
Adjournment
Motion to adjourn at 8:15 PM: Frank Schellenger
Second: John Murray
Vote: 5-0-0
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