HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 27, 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
Public Hearings
7:00 PM Continued Notice of Intent for a proposal to control aquatic nuisance vegetation by the Town of Halifax to treat the algae in the western basin of Monponsett Pond (DEP #SE175-0580)
Motion to continue per request of applicant to 4/10/12 at 7:45 PM: David Harris
Second: John Murray
Vote: 5-0-0
Appointments
7:00 PM Appointment with the Nathaniel Thomas Mill Committee
Mr. Schellenger asked Mr. Clemons to begin the discussion. Mr. Clemons said that the intent of having the meeting was to have a conversation with the present Mill Committee members and to discuss in a general way their responsibilities to manage the Mill in regards to the operation and the scheduling. Those present from the Committee were: Sylvia Salas, Iris Morway and Richard Flynn. Ms. Donna Brown, the Chairman of the Mill Committee could not be present, but her 2011 report was read into the record (attached).
Mr. Schellenger suggested that the Conservation Commission’s responsibility is to protect the natural resources. However, because they have care and custody of the entire property and the building has to be maintained, he asked for the Committee’s opinion on what they felt their role was in that respect. Mrs. Salas replied that, primarily, they handle the rentals, the money from which goes into the General Fund. She said that in addition, the Garden Club and the Historical Commission use the building for meetings. Mrs. Morway added that the Friends of the Mill, a charitable organization, has paid for things like mowing the grass, toilet paper and light bulbs. She suggested that an assessment should be done on the condition of the
Mill. Mrs. Morway commented that some repairs have been made to the sluiceway, also paid for by the Friends of the Mill as well as to the fans in the building, which was paid for by the Garden Club. Ms. Salas concluded by saying that the Committee “wants to work with you (the Commission) for the benefit of the Mill.”
Mr. Kemmett suggested that the Committee, as it exists now as appointed by the Selectmen, is nullified and should be re-established as a sub-committee of the Conservation Commission so as to be able to work more closely together. Mr. Clemons was of the opinion that that would require a Town Meeting vote and we should think about it and plan ahead. Mr. Harris recommended establishment of a revolving fund from the proceeds of rentals. Mrs. Salas agreed and said the money could be used for maintenance and improvements. Mr. Schellenger requested that Ms. Nehiley try to set up a meeting with the Chairman of the Mill Committee, Donna Brown and Kathy Bergeron of the Friends of the Mill at their convenience so as to discuss the rental of the Mill and available funds. Mr. Flynn said
that he would bring up the subject to the Selectmen at their next meeting and talk to Mr. Read about the creation of an ad-hoc committee.
Minutes
Motion to approve minutes of March 13, 2012: David Harris
Second: John Murray
Vote: 5-0-0
Request for Certificate of Compliance
Request for a Certificate of Compliance (COC) for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452)
Mr. Richard Beal of A.W. Perry, Inc. attended the meeting to discuss the roadway because it is on the town warrant for acceptance. He reiterated that during the permitting process, the site was identified as Box Turtle habitat. Therefore, the Division of Fisheries and Wildlife oversaw the construction process and issued a MA Endangered Species Act Conservation & Management Permit with a Declaration of Protective Covenants and Restrictions and the establishment of a Homeowner’s Association. Both documents were recorded at the Registry of Deeds on 12/8/06. Since then, the DFW has conveyed 8 individual lots that are in compliance and A.W. Perry requested of them on January 30, 2012 whether a COC was needed for the entire project.
Ms. Guiney gave a brief overview of the file for the Commission who originally denied the project. A. W. Perry appealed to Department of Environmental Protection who issued a Superseding Order of Conditions. She maintained that because DEP was the issuing authority, they are responsible for issuance of a COC, but the Commission is a still party to the proceedings. Mr. Schellenger was of the opinion that a COC must be issued by the Commission under the auspices of the Town of Hanson Wetlands By-Law.
Mr. Beal said that if the Town did not take over the task of the Stormwater Management of the drainage basins, and it was his understanding that they would not, the maintenance of said basins are the responsibility of a Homeowner’s Association comprised of the individual lot owners who select a President, Treasurer and Secretary. He surmised that only the maintenance of the roadway and the subsurface drainage would be accepted by the Town. Mr. Clemons asked if there was a mechanism by Natural Heritage for a condition outlining ongoing oversight of the project. Mr. Beal answered yes, that annual inspections of the vegetation in the “Open Areas” and the detention basin maintenance are clearly laid out in the Declaration and are to be
performed by certified Wetland Scientists.
Mr. Schellenger asked if the roadway and its appurtenances will be deeded to the Town to which Mr. Beal answered yes. Mr. Schellenger asked who the easements for the basins were deeded to as they’re on private property. Mr. Beal answered that the Declarant is the responsible party and they’ll be transferred to the Homeowners Association once the officers have been selected. Mr. Schellenger asked if the Homeowners held the easements now and are they recorded. Mr. Beal answered yes, but he didn’t have that information with him. Mr. Schellenger said that his principal concern is that the Stormwater Management structures are maintained and the easements for the basins are recorded. Mr. Kemmett requested that the Bordering Vegetated Wetland be depicted
on the As-built and that the Certificate of Compliance from Natural Heritage is submitted to us when it is issued.
Motion to postpone voting pending receipt of the formal documentation of the recorded easements, the Certificate of Compliance from Natural Heritage and the depiction of the BVW on the As-built Plan: David Harris
Second: John Murray
Vote: 5-0-0
7:45 PM Continued 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)
Motion to continue to 4/10/12 at 8 PM per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
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)
Ms. Hayward recused herself from the meeting as she is a direct abutter. Mr. Montgomery reiterated that in 2009, he was issued an Order of Conditions to perform a wetland restoration with Bio-logs. He said that because he had expended a lot of money and ultimately it didn’t work, he was here to see if the Commission would allow him to do something else. As requested at the last meeting with Mr. Montgomery (2/28/12), he submitted a revised plan depicting the rocks along the shoreline. Mr. Kemmett was concerned that the proper procedure was not followed for the restoration and a wetland scientist should have overseen the project. Mr. Montgomery countered that he had tried three times and the Bio-logs not only wouldn’t stay in place but had disintegrated.
Ms. Guiney and Mr. Harris had inspected the property. Both agreed that erosion had set in and was severe enough to be taking his front yard, what was left of it. Mr. Harris said the edge of the pond was 5-7 feet from his steps and he recommended that rip rap be used until the water in the lake has been stabilized. Mr. Kemmett was of the opinion that Mr. Montgomery should have used a professional engineer. Ms. Guiney said that Mr. Montgomery had done his original plan to the best of his ability, had followed the construction sequence and it did not work.
Motion to approve a Minor Correction to the plan to allow Mr. Montgomery to install rip rap to take care of the erosion problem: David Harris
Second: Frank Schellenger
*Mr. Montgomery said he would use 8-10” stone
Vote: 3-1-0 (John Kemmett against)
Discussions
Edgewood Bogs
Mr. Clemons spoke to the Edgewood Bogs restoration plan. He said that we have to “prepare our next steps. It appears that the ball is in our court” to approach United States Department of Agriculture (USDA) regarding improvements to the plan as we (the Commission) are the landowner. In the interest of having the best plan, he had a phone conversation with Mr. Nick Wildman of the MA DFW’s Division of Ecological Restoration. The DER will issue a Request for Responses on March 26, 2012 and Mr. Clemons thought that we should apply for the grant as their main interest is aquatic restoration. Mr. Wildman, an interested party, would be a resource to help design a restoration project. Mr. Clemons went on to say that
the previous owner, Matt Rhodes, has until the end of April to finish up what he has to do and that there was no reason to wait to open up lines of communication with USDA Natural Resources Conservation Services (NRCS). Ms. Nehiley was instructed to set up a meeting after finding out their availability with Mr. Len Reno and/or Mr. Bernie Taber who are the contact people at NRCS.
Old Business/New Business
Bay Circuit Alliance, Inc./annual membership dues – signed
MACC webinars/invoice – signed
Town Administrator, Rene Read
Mr. Read came to the meeting to discuss combining the Planning and Conservation Departments. Referencing a copy of the Collin’s Report, Mr. Read gave a synopsis of the three different models that were recommended for the reconfiguration of the 2nd Floor. Mr. Read was of the opinion that the 3rd model was most closely associated with the way the Town Hall works now. Using a Proposed Organizational Chart which was passed out to the Commission, Mr. Read walked them through the change in staffing, primarily that the Conservation Agent and Town Planner positions as well as the two Administrative Assistant positions would be combined into one for each. He commented that other communities do this now and are pretty
happy with how it works. He has a job description for the Department Head, but the Administrative Assistant hasn’t been drafted yet and would have to be negotiated with the bargaining unit. Mr. Read went on to say that the FY13 budget has been balanced based on the inclusion of these changes.
Mr. Clemons asked about the other towns that had adopted this type of plan. Mr. Read answered that the Town of Boxford had such a position that had evolved over time. The Town of Montague, which has similar population and geography to Hanson, had provided a job description. Lastly, he had spoken with LeAnn Bradley of the Town of Rehoboth who said that it worked “quite well” although it was demanding and they relied on an organized support staff. Mr. Harris questioned how Mr. Read came up with the hours as it seemed a marked reduction in combined hours for both of the positions. Mr. Read answered that he needs to align the hours to have the Town Hall open. It’s a “ghost town at two o’clock” and he has
a limited amount of time and resources. Mr. Harris asked what would happen if the economy picked up because “our work load is increasing more and more.” Mr. Read answered that he is creating two new positions, not eliminating the existing ones. So if it picks up again, the Departments can be expanded. Mr. Kemmett asked about the allocation of the resources between the two Departments and how that was to be managed, specifically how the hours would be split up. Mr. Read answered it would depend on demand. Mr. Read concluded by saying that once the budget has been approved, the positions would probably be advertised in June and hired on 7/1/12.
Estimate to set bounds at Conservation property
Motion to spend $400.00 for services: David Harris
Second: Audrey Hayward
Vote: 5-0-0
Adjournment
Motion to adjourn at 9:00 PM: Frank Schellenger
Second: John Murray
Vote: 5-0-0
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