HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF APRIL 24, 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 John Kemmett, Vice Chairman, in Meeting Room A at the Town Hall.
Present: Frank Schellenger, Chairman (arrived at 7:05 PM)
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
The minutes of April 10, 2012 were passed over.
Public Hearings
7:00 PM Request for Determination of Applicability for the installation of an above ground pool within 100 feet of a Bordering Vegetated Wetland at 134 Old Pine Drive, Map 105, Lot 14-22 for Philip E. Lindquist (New Hearing)
Audrey Hayward read the public hearing notice and the abutters were verified. Mr. Lindquist made a proposal to replace his above ground pool with a new one of the same size. It will be in the same location as before on an existing sand base. More sand will be brought in to top it off and the whole operation will take about ½ day to complete. Mr. Kemmett asked if he had submitted a request for variance to work within the buffer zone. Mr. Lindquist said he hadn’t, but he will if needed. No abutters were present.
Motion to approve a variance to work within the buffer zone: David Harris
Second: John Murray
Vote: 5-0-0
Motion to approve and issue a Neg. 3 Determination of Applicability without approval of the wetland delineation: John Murray
Second: David Harris
Vote: 5-0-0
7:15 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)
Motion to continue to May 8, 2012 at 7:45 PM per request of applicant: David Harris
Second: John Murray
Vote: 5-0-0
Request for Certificate of Compliance
Continued Request for a Certificate of Compliance for Deer Hill Road Extension Subdivision for A. W. Perry, Inc. (DEP #SE175-0452)
Ms. Guiney reported that she had spoken with Mr. Chris Ross of the Department of Environmental Protection. He said that they had not received a COC request for the superseding Order of Conditions that was issued for Deer Hill Road. Mr. Ross said they would send a Request for Compliance Inspection to A.W. Perry.
Motion to continue: Dave Harris
Second: John Murray
Vote: 5-0-0
Continued Request for Certificate of Compliance for 284 Monponsett Street, Map 31, Lot 13-1 for Nadeam Nahas (DEP #SE175-0568)
Ms. Guiney reported she had made a second inspection and found that the embankment had been stabilized with small stones. She took pictures which she submitted to the Commission. Mr. Kemmett is not sure how stones will stop erosion. He reiterated that he wanted to see gutters and thought that had been discussed at the initial meeting. Mr. Murray will reinspect property with agent.
Motion to continue to May 8th, 2012: John Murray
Second: Audrey Hayward
Mr. Harris suggested that a decision should be made pending review of the original Order of Conditions by the Commission and another site visit made by a Commission member.
Vote: 4-0-1 (David Harris abstained)
Request for Certificate of Compliance for 45 Ocean Ave., Map 2, Lot 1508 for Linda Hoage (DEP #SE175-0599) withdrawn by applicant
Orders of Conditions
Order of Conditions for the installation/repair of a septic system with associated site grading at 36 Richard Road, Map 80, Lot 53 for Christine Rotondi (DEP #SE175-0611) – signed
Order of Conditions for a septic repair at 95 Meryl Street, Map 80, Lot 147 for Margaret Totte (DEP #SE175-0613) - signed
Order of Conditions 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) - signed/copies made for Commissioners and distributed.
Continued Public Hearings
7:30 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)
Mr. Phil Clemons recused himself from the public hearing and left the room as he had a role in the wetland delineation and is an abutter. Mr. Steve Wry from Land Planning, Inc. and Mr. Marangiello were present. Mr. Schellenger commented that the report was received today from Mr. John Delano who is the review consultant for the Commission. Also, the minutes from the Selectmen’s meeting where Mr. Marangiello sought an Earth Removal Permit were distributed. In regards to that meeting, Mr. Wry said that he was waiting on a letter from the town engineer, Mr. Alan Hanscom.
Mr. Brian Conroy who lives on Crooker Place and is an abutter commented that the area (1101 Main Street) has been in disarray for 20 years and “something needs to be done.” He “stands by Joe” (Marangiello). Ms. Annette Stavrou who has owned a business on Main Street for 18 years said that the property “should be developed” and “anything would be better than what’s there now.”
Motion to continue to 5/8/12 at 8:00 PM pending review of the consultant’s comments: David Harris
Second: John Murray
Vote: 5-0-0
Discussions
Edgewood Bogs Update by Phil Clemons
At our invitation, we hosted an informal meeting to learn more about details of the intended Restoration Plan for the Edgewood (Indian Head) Bog property. Attending for Hanson were David Harris, Becky Nehiley, and Phil Clemons. In attendance for USDA/NRCS were Irene Winkler (Soil Conservationist for Wetlands Reserve Program (WPR)), Len Reno (District Conservationist), Dan Barnett (Engineer) and Amanda Freitas (Ecologist/Planner). Attending for MassWildlife NHESP Program were Marianne Piche (Habitat Management Biologist) and Brent Powers NRCS Review Biologist). We reviewed the WRP program roles and responsibilities, restoration goals, preliminary restoration plan, and input from the Hanson Conservation Commission. Members of the Commission were pleased to learn that the final restoration plan is still
under active development, and will include significant input from biologists. They were very interested in hearing about interests and concerns that are issues for our Commission, such as: flood control; continuity of the stream; Atlantic White Cedars; Bay Circuit Trail; continued use by the public; vistas from Indian Head Street and Camp Kiwanee hills; and use of property for environmental education, etc.
Members of the Commission and attendees then went on a site visit and walk. For the biologists, this was their first actual time on site. They were very impressed with the potential for habitat and biodiversity improvement, built around re-naturalization of the stream and management of water levels. They are also very interested in potential for re-establishing at least some Atlantic White Cedar swamp area. All of the commission’s interests, such as continued use of trails, should be able to be accommodated under the WRP's "Compatible Use" clause, as has been done in Duxbury and Plymouth WRP properties.
Over the next 1-2 months, NRCS and MassWildlife will develop more details for a final restoration plan. Through the Commission office (Becky), they will keep us informed of progress, and the possible need for more site visits. Phil will facilitate visits, etc., in any way that may be helpful. Overall it was a highly encouraging meeting, and bodes well for the environmental future of this property.
Enforcement issues
0 Franklin Street
Ms. Guiney reported that letters were sent to Mr. Kerrissey and the owner of 0 Franklin Street regarding the crushing of stone debris. Subsequently, Mr. Kerrissey came in to pick up a Notice of Intent form. Mr. Schellenger asked if he had been issued a Cease and Desist. Ms. Guiney answered yes: a verbal C & D and a follow up letter, however, Mr. Harris said that he observed activity there today. Mr. Kemmett suggested enforcement action.
Motion to issue an Enforcement Order and fine Mr. Kerrissey $300 per day for violations of the Wetlands Protection Act until he’s in compliance (fine starts now and until paperwork is submitted and fee paid): John Kemmett
Second: John Murray
Vote: 5-0-0
205 Andrew Lane
Ms. Guiney reported that a Cease & Desist letter was sent out and consequently a phone call was received from the owner. Ms. Guiney instructed him to submit a Notice of Intent and a restoration plan as the work has been done in the 50’ buffer zone if not closer.
Jerrold Street
Mr. Schellenger was not able to talk to the owners. He instructed that a letter be sent to let the owner know he’s within conservation jurisdiction and that he’s to file an After-the-Fact Notice of Intent for unauthorized activity within the buffer zone.
Blanket Order of Conditions
Mr. Clemons commented that an article in the Express might be advantageous to educate the public about the Blanket Permit authorizing Conservation and the Trails Committee to perform minor activities within the buffer zone. Mr. Kemmett suggested that a member from the Commission sit on the Nathaniel Thomas Committee to improve communications between the two organizations. Mr. Clemons recommended Bob Dillon as a possible candidate.
Adjournment
Motion to adjourn at 8:45 PM: David Harris
Second: Audrey Hayward
Vote: 5-0-0
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