HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 10, 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 (arrived at 7:20 PM)
Also Present: Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of March 27th, 2012: David Harris
Second: John Murray
Vote: 5-0-0
Motion to approve minutes of meeting with Finance Committee on April 3, 2012:
David Harris
Second: Audrey Hayward
Vote: 5-0-0
Public Hearings
7:00 PM Notice of Intent for the installation/repair of a septic system with associated site grading within 100 feet of a Bordering Vegetated Wetland at 36 Richard Road, Map 80, Lot 53 for Christine Rotondi represented by Webby Engineering, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0611) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Alan Dias made the presentation for a proposal for a septic repair that is 50’ from the BVW using a plan dated 3/12/12. A request for variance from the 50’ buffer zone setback, dated 3/30/12, was made so as to access the backyard and for some grading. Mr. Dias said that because of the results of the soil testing, the proposed location was determined to be the best possible for the site.
Mr. & Mrs. Paul Anderson of 52 Richard Road attended the meeting as abutters to the property. Mrs. Anderson had concerns with drainage and an increase in the height of the water table. Mr. Dias said that the new septic would have no impact on groundwater. They had done a sieve analysis, the scientific method for observing soil mottling which was found at a depth of 6” and the water table which was at 12”. For this reason, the system will be elevated 5’ above grade. Mr. Anderson also had concerns with flooding and wanted a guarantee that his property would not flood again. Mr. Dias said there were no guarantees; they’re taking a failed septic system out of the ground and putting it above the ground.
Mr. Kemmett asked why the erosion control was in its present location as shown on the plan. Mr. Dias answered that when a Blanket Permit was issued for the perc tests, they didn’t know where the septic would go at that time so it was installed at the limit of work. Mr. Schellenger asked if the project was approved by the Board of Health. Mr. Dias answered yes.
Motion to approve a variance from the 50’ buffer zone setback: David Harris
Second: John Murray
Mr. Murray asked the Anderson’s what they would like to see happen. Mr. Anderson said he would like to get the flooding problem resolved from the filling that took place years ago. Mrs. Anderson said she would to see some plantings installed so as to absorb some of the water. Mr. Kemmett suggested that the filter sock be moved from its present location further away from the BVW and to let the vegetation grow in naturally. Mr. Schellenger said it’s reasonable to ask the owners to mitigate for the encroachment into the 50’ buffer zone.
Vote: 5-0-0
Motion to approve an Order of Conditions with the usual conditions and a condition to move the erosion control uphill at 25’ from the BVW and planted densely with trees and bushes that the owner can select, no grass and no mowing to take place in this area in perpetuity: Frank Schellenger
Second: David Harris
Vote: 5-0-0 (Mr. Dias will submit a new plan)
Appointment
7:15 PM Appointment with Alan Osgood regarding Maquan Pond
Mr. Osgood came to the meeting to reiterate his concern with the pond level and the possibility of his property being flooded again. He is of the opinion that because the beach at Camp Kiwanee is replenished with sand every year, it clogs the outlet structure to the pond. He reported it in 2010 and nothing has been done even though the Conservation Commission approved an erosion control plan last year. He said that although the culvert pipe was replaced, the beach erosion and accumulated sediment downstream of the pipe concerns him gravely. He’s been flooded out twice in four years, in 2002 and 2007 and the problem has still not been fixed. Mr. Schellenger said that the property where the outlet structure is located is owned by someone else and these kinds of issues have to be
hashed out. Also, the Board of Health wants the septic system repaired, but the Town doesn’t have the money to do it. Ms. Nehiley commented that Mr. Read was trying to set up a meeting with all the interested parties. A specified date will be forthcoming.
7:45 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 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)
Motion to continue to 4/24/12 at 7:15 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 5-0-0
7:30 PM Notice of Intent for the proposed construction of an assisted living facility with associated driveways, parking areas, Stormwater Management system, landscaping, etc. within 100 feet of a Bordering Vegetated Wetland at West Washington Street, Map 67, Lot 6A (Hanson) and Map 104, Lot 1 (East Bridgewater) for Senior Housing Development represented by Merrill Associates, Inc. 427 Columbia Rd., Hanover, MA 02339 (DEP #SE175-0612) (New Hearing)
John Kemmett read the Public Hearing Notice. Ms. Nehiley said all the abutters had been notified but asked for a revised abutters list from East Bridgewater. Mr. Josh Bows of Merrill Associates made the presentation for the construction of an assisted living facility. He reminded the Commission that he had met with them informally in January and said the plan had evolved since then based on their comments at that time. Also in attendance were Mr. Brad Holmes, of Environmental Consulting and Restoration, LLC, Mr. Ben Wells of the Kaplan Development Group, Mr. Glen Kaplan, owner of Kaplan Development Group and Mr. Dave Ellis of Conway Commercial Real Estate.
Mr. Bows described the project using a plan dated 4/10/12 to depict how the building had been reoriented to maximize the best use of the site taking into consideration the wetland resource area. All of the parking and most of the building had been moved out of the 100’ buffer zone. Presently, the area is being used as a landscape storage yard and is completely devoid of vegetation. The proposed Stormwater management system which includes a proposed detention basin is located within the 50’ buffer zone for which a variance request will be made. The idea is to vegetate the basin area and add a row of buffer plantings to prevent further encroachment and restrict activity in the resource area. Mr. Bows added that the goal is to improve the
site’s condition and offer better protection than what currently exists.
Mr. Brad Holmes delineated the wetland and reviewed the site. His proposal to mitigate includes 3,600 sq. ft. of naturalized buffer with 62 native plantings 8’ on center. He reiterated what Mr. Bows said in that this type of protection does not exist today and the area will be maintained in an undisturbed manner in perpetuity.
Mr. Kemmett asked about the infiltration trench. Mr. Bows answered that the drainage system wraps around the property offering treatment and infiltration before it flows into the detention basin. He mentioned that the roof runoff will be handled by a subsurface infiltration system behind the building. Mr. Schellenger asked about the septic system. Mr. Bows said that it’s located in East Bridgewater and is being permitted there, although it has been situated underneath the parking lot and is as far away from the wetlands as possible.
Mr. Schellenger commented that since the drainage easement is being proposed in the buffer zone and constructed right up to the edge of the wetland, an alternative analysis should be required. Mr. Bows said that at the suggestion of his construction manager, they did look at adopting an alternative gravity system which would have entailed significant excavation at the lowest portion of the site rendering it unfeasible. Mr. Schellenger asked that a Construction Sequence be depicted on the plan and a Functions and Characteristics statement be submitted. Mr. Schellenger also wanted it noted that the applicant does not own the property and the lot line has not been finalized.
Motion to continue to 5/22/12 at 7 PM pending word from the other Boards (East Bridgewater Board of Health, Hanson Board of Health and Hanson Planning Dept.) regarding their reviews of the project and other information that was requested: Frank Schellenger
Second: David Harris
Vote: 5-0-0
7:45 PM Notice of Intent for routine maintenance and repair of passive recreation trails and land stewardship activities that do not adversely affect wetland resource areas and/or buffer zones at various open space parcels in Hanson for the Hanson Conservation Commission and the Hanson Trails Committee. (DEP #SE175-0614) (New Hearing)
Mr. Kemmett read the Public Hearing Notice and it was tabled until after the next scheduled public hearing as the meeting was running late.
8:00 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 4/24/12 @ 7:30 PM per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
8:15 PM Notice of Intent for the construction of a septic repair within 100 feet of a Bordering Vegetated Wetland at 95 Meryl Street, Map 80, Lot 147 for Margaret Totte represented by Morse Engineering Co., Inc., 19 Union Street, P.O. Box 92, Scituate, MA 02066. (DEP #SE175-0613) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Jeffrey Hassett of Morse Engineering made the presentation for a proposed septic repair using a plan dated 3/26/12. The existing tank and the field in the backyard had failed and a new system was designed as far from the resource area as possible. Mr. Brad Holmes, P.W.S. had delineated the wetland on 3/9/12. Portions of the force main and some grading are proposed within the 50’ buffer zone for which a Variance Request was submitted on 3/26/12. The system had been Board of Health approved and a silt sock was proposed at the limit of work.
Mr. Kemmett asked what mitigation was proposed for the disturbance within the 50’ buffer zone. Mr. Clemons suggested that the tree line be extended and an area equal to the square footage being disturbed be allowed to grow back in naturally. Ms. Guiney inspected and found the wetland line to be correct, however the flags were not depicted accurately on the plan. She said it would not affect the validity of the Title 5 permit. She suggested that the Commission could approve the plan and not the wetland line or have the applicant provide an accurately depicted wetland line on the as-built at the time a Certificate of Compliance is requested. Also, that the applicant remove the yard waste from the wetland and add a perpetual condition to dispose of yardwaste
appropriately somewhere else. In addition, a $100 After the Fact Blanket Permit fee is due for the perc tests which were performed within jurisdiction.
Motion to approve a variance for work in the 50-foot buffer zone: David Harris
Second: John Murray
Vote: 5-0-0
Motion to approve an Order of Conditions for a septic repair with special conditions that an area equal to the disturbance in the 50’ buffer zone is allowed to grow back in naturally and not be maintained, yard waste is removed from the wetland, a perpetual condition added that the yard waste is disposed of offsite in an appropriate location, an as built with a corrected wetland line is submitted and a $100 fee is paid for an After-the-Fact Blanket Permit : John Kemmett
Second: John Murray
Vote: 5-0-0
Notice of Intent for routine maintenance and repair of passive recreation trails and land stewardship activities that do not adversely affect wetland resource areas and/or buffer zones at various open space parcels in Hanson for the Hanson Conservation Commission and the Hanson Trails Committee. (DEP #SE175-0614) (New Hearing)
The Commission resumed the Public Hearing for the Hanson Conservation Commission and the Hanson Trails Committee. Mr. Clemons, an Associate Member of the Conservation Commission and a member of the Trails Committee made the presentation. He noted that the application had been submitted to Department of Environmental Protection. The proposal is for passive recreation and minor land stewardship activities such as installation of signs, conservation markers, and the trimming and pruning of invasive species. He went on to explain that any project that was more than the minimal would require two weeks prior notice to the Commission to see if it would be compatible.
Mr. Clemons went on to explain that the reason for going through the procedure was to assure the public that the Commission adheres to he same regulatory process as everyone else and specifically that the wetlands and buffer zones are not harmed. Additionally, the Commission be allowed to responsibly manage their own properties for which they have been assigned care and custody of. He had spoken recently with Michelle Grzenda of the Weston Conservation Commission who had crafted the idea for a Blanket Order of Conditions and she said that the concept was working well in Weston.
Motion to approve and issue an Order of Conditions for routine maintenance and repair of passive recreation trails and land stewardship activities at various open space parcels in Hanson: John Kemmett
Second: David Harris
Vote: 5-0-0
Request for Certificate of Compliance
Request for a Certificate of Compliance for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452) - Ms. Guiney reported that no new information had been received since the last meeting.
Motion to continue the Request until 4/24/12: David Harris
Second: John Kemmett
Vote: 5-0-0
Request for Certificate of Compliance for 284 Monponsett Street, Map 31, Lot 13-1 for Nadeam Nahas (DEP #SE175-0568) – Ms. Guiney reported that she inspected last week and it didn’t appear as if Mr. Nahas had made any changes regarding the drainage. Ms. Nehiley had spoken to Mr. Nahas today and he had filled in an area with stone and submitted a couple of pictures.
Motion to inspect and charge a $50 re-inspection fee: David Harris
Second: John Kemmett
Mr. Kemmett said that stone is “not what we’re asking for” and that’s not what’s needed there.
Vote: 5-0-0
Discussions
Edgewood Bog Restoration Project – Department of Ecological Restoration Request for Response due by May 2, 2012
Mr. Clemons recounted the recent trip to the Eel River Restoration Area in Plymouth by members of the Commission noting that it was useful to observe how these types of things are done. He commented that Mr. Len Reno of the Natural Resources Conservation Services was meeting with the engineer tomorrow to put together a final plan for Edgewood Bogs. Mr. Clemons had requested to meet with him next week as we may have questions about the Restoration Plan and to find out how much activity will be allowed under “compatible use” as stated in the Deed adding that it is important to know if we are going to collaborate with the DER.
Old Business/New Business
WB Mason/bill – signed
Land Planning/bill – signed
Adams Circle – Ms. Nehiley suggested an informal meeting with the owners after recounting a recent telephone conversation with them. Mr. Clemons agreed that it would set a positive tone.
Nathaniel Thomas Mill update – Ms. Nehiley reported that she and members of the Commission (Phil and Frank) had had a meeting with Ms. Donna Brown of the Mill Committee. The minutes from that meeting (4/5/12) were distributed. Mrs. Sylvia Salas had asked Mr. Allan Clemons for an assessment of the building which he provided. His recommendation was that the wood around both doors be replaced, the walkway jacked up at the low point, two steps be replaced and the brush all around be trimmed.
Franklin Street, Map 67, Lot 6A-2 – Mr. Harris commented that Mr. Kerrissey was crushing materials at Franklin Street and that it constituted a change in use. He added that it was also within conservation jurisdiction. Mr. Murray asked if a Cease and Desist had been issued. Ms. Guiney reported that she had met with Mr. Kerrissey today and given him a verbal C & D. She told him that he had to come into the office and fill out an application for a conservation permit. Mr. Schellenger requested that it be followed up with a letter to Mr. Kerrissey and to put in a call to DEP.
Jerrold Street – Mr. Harris reported that he had received an anonymous call regarding the cutting of a large swath of trees within conservation jurisdiction on Jerrold Street. Mr. Schellenger subsequently inspected. He is of the opinion that the cutting is on their own property, but that it is within the 100’ buffer zone. He said that he knock on their door and try to talk to the owners.
Adjournment
Motion to adjourn at 9:30 PM: David Harris
Second: Audrey Hayward
Vote: 5-0-0
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