HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 22, 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
Phil Clemons, Associate Member
Also Present: Mary Guiney, Interim Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of May 8, 2012: David Harris
Second: John Murray
Vote: 4-0-0
Discussions
60 Brookbend Road
Ms. Guiney reported that the owner came in and picked up the Notice Intent form to file a restoration plan in response to a letter that had been sent out.
159 Jerrold Road
Ms. Guiney reported that she had driven by this morning and it looks as if the area is re-vegetating naturally. Mr. Schellenger said that they were all set and the owners realize that there’s a wetland there.
Franklin Street/Kerrissey
Mr. Schellenger reiterated that at the last meeting, Mr. Kerrissey was requested to submit a copy of the Administrative Consent Order to the Commission. Since he didn’t comply with this request, a copy had been acquired from DEP. In the Consent Order, Mr. Kerrissey was issued a fine for dumping material onsite and a timetable for action included a caveat that he was to obtain a permit from the local Conservation Commission, which he did not do. Mr. Schellenger went on to say that Mr. Kerrissey had ignored the Agent’s verbal and written Cease and Desists. He also ignored requests to install erosion control (EC) around the piles of debris. Mr. Schellenger suggested that we modify the Enforcement Order to install EC and to require the owner to spread 6 inches of loam 35’ to
40’ out from the adjacent wall to reestablish the buffer zone and replant it with New England Wildflower Seed mix with a timeline of seven days from the receipt of an order.
Motion to modify Enforcement Order: David Harris
Second: John Murray
Vote: 4-0-0
Williams Way encroachment
In response to a letter, an onsite inspection was scheduled for tomorrow morning.
Public Hearings
7:00 PM Continued 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)
Motion to continue to June 26, 2012 at 7:15 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
7:15 PM Continued Notice of Intent (NOI) 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. Steve Wry of Land Planning, Inc. attended the hearing with Mr. Marangiello and in response to Mr. John Delano’s review had submitted a revised plan (dated 5/11/12) incorporating Mr. Delano’s comments as well as a revised NOI to include Stormwater Management and a supportive Stormwater Report dated 5/18/12. Some of the issues that were addressed were: 1) Better protection of isolated wetlands by maintaining 100’ buffer zones. 2) Removal of less fill (15,000 yds. vs. 18,000 yds.). 3) A staked silt fence all around the 100’ buffer zone. 4) The inclusion of an 8” drain to covey runoff from a settling basin. 5) The connection of some flagged areas. 6) The restriction of trucks from travel in the areas of vernal pools. 6)
Loaming and seeding the area upon completion of the earth removal operations. Mr. Harris asked if Mr. Marangiello had received the Gravel Removal Permit from the Selectmen yet. Mr. Wry answered that they were still waiting on Mr. Hanscom’s report.
Mr. Delano thanked the Commission for the opportunity to visit this land and to explore the area as it is very “unique”. He had researched historical aerial photos that showed the land before construction of the buildings in 1936-1940 when Marcus Urann established the United Cape Cod Cranberry Co.. Topo maps from that time do not depict the cart path which was probably built from gravel that was eventually brought in from the “island” area. He was of the opinion that it was all fill, and the wetland vegetation is again taking over. Only recreational vehicles and hunters now use the causeway. Mr. Delano had taken and submitted pictures of Atlantic White Cedars and a spotted turtle that were observed along the causeway. The turtle is not of a
protected species, but indicative of a diverse habitat. The White Cedars, of which he counted 205 plants, were observed on both sides of the cart path. He recommended that Mr. Wry mark the trees and try to protect them as much as possible. Mr. Delano submitted a plan with an inventory and location of the White Cedars. Mr. Kemmett suggested a condition to replace the trees, the removal of which cannot be avoided.
In addition, Mr. Delano suggested that two special conditions be added to restrict tree cutting within the 100 foot buffer zone of two vernal pools and to require the applicant to place boulders or tree trunks across the cart paths to prevent travel beyond the scope of the construction site. Mr. Delano also recommended a requirement of evidence that a National Pollution Discharge Elimination System (NPDES) Permit has been filed with the Environmental Protection Agency (EPA) before construction begins. Mr. Wry commented that the Stormwater Report has a good plan with controls for monitoring the basin at the gravel pit and the Order of Conditions should refer to this Plan.
Mr. Schellenger asked if the two sides of the cart path are hydrologically connected and if so, will the water reestablish flow when the project is completed? Mr. Delano answered, yes, he thought so. Mr. Schellenger asked if Mr. Marangiello was limiting the size of the trucks. Mr. Marangiello said he was planning on using 10 wheelers. Mr. Kemmett asked how many trips in total. He answered 2 loads an hour, 32 trips a day for 35 days.
Mr. Schellenger pointed out that everything that has been proposed is within the 50’ buffer zone and asked what was being offered as mitigation. Mr. Marangiello said that he might donate the land to Mass Department of Fish and Wildlife as they had offered him some money to buy it. Mr. Schellenger commented that he would like to see a Conservation Restriction on the property when the proposed work is done and that Mr. Marangiello should provide the legal documentation that a commitment has been made to preserve the land in it’s natural state.
Motion to approve a variance to allow work within the 50-foot buffer zone subject to the conditions in Mr. Delano’s May 21st report and a commitment by Mr. Marangiello to a Conservation Restriction: David Harris
Second: John Murray
Mr. Wry asked where the restriction should be placed. Mr. Schellenger said Lot 60A.
Vote: 4-0-0
Motion to issue an Order of Conditions with large project conditions and Mr. Delano’s recommendations: David Harris
Second: John Kemmett
Vote: 4-0-0
7:30 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 June 26, 2012 at 7:00 PM per request of applicant: David Harris
Second: John Murray
Vote: 4-0-0
Appointments
7:45 PM Appointment with Kevin Smith & Susan Sanders, 81 Ocean Ave. to discuss a minor correction to an Order of Conditions (DEP #SE175-0591)
Mr. Smith attended the meeting. He explained to the Commission that he had done repairs to his stone wall with natural stones that had been pushed into the lake over time. He had also brought in a few more stones to supplement what was there and leveled the yard off. Mr. Smith went on to say that the high water in the lake erodes the shoreline and he trying to keep a balance to prevent that. He has 42 trees along his waterfront that he doesn’t want to see washed out. He asked to be allowed to finish what he’s doing as he has about 20’ left to go.
Ms. Guiney, Mr. Harris and Mr. Murray had conducted a site walk on 5/16/12 accompanied by Mr. Greg DiCesare, Wetland Scientist from the Wetlands and Waterways Program from DEP. Mr. DiCesare had asked if there were historic pictures of the area for comparison. Ms. Guiney had taken pictures in February of 2012 prior to the date of Ms. Hayward’s complaint. Mr. Schellenger reminded Mr. Smith that he has to plant a 6 ½’ vegetated buffer along the shoreline before his Order of Conditions is closed out.
Motion to approve a Minor Correction to the Order of Conditions:
David Harris
Second: John Murray
Vote: 4-0-0
Determinations of Applicability
Neg. 3 Determination of Applicability for the construction of a deck with 9 10” sonna tubes at 28 Old Pine Drive, Map 113, Lot 14-15 for Brian and Amy Rowan – signed and issued 5/10/12
Pos. 5 Determination of Applicability for the installation of a pre-packaged 30,000 gallon capacity propane gas Above-ground storage tank at 1158 Main Street, Map 43, Lot 50 for Hanson Fuel Co., Inc. – signed
Orders of Conditions
Order of Conditions for the replacement of an 8’ x 8’ existing shed with a new 12’ x 14’ shed at 412 Woodbine Avenue, Map 3, Lot 28B-1 for Robert Burns, 412 Woodbine Ave., Hanson, MA 02341 (DEP #SE175-0615) - signed
Old Business/New Business
Edgewood Bog update – Phil Clemons
Mr. Clemons presented a report (attached) of a field meeting with members of the Dept. of Ecological Restoration (DER), the North and South Rivers Watershed Assoc. (NSRWA) and the Natural Resources Conservation Services (NRCS) as well as himself and David Harris. He hopes that we’ll find out by this summer if the DER will consider it a “Priority Project” for restoration which would take the form of either money or technical advice. Mr. Clemons also reported that he has a verbal commitment from the Highway Surveyor, Mr. Robert Brown to move the gate to where the boat ramp is to prevent further encroachment onto the property by recreational vehicles. Mr. Kemmett asked about the location of the phragmites and their removal. Mr. Clemons said that they’re partially on someone
else’s property and approval would have to be sought before attempting to remove the invasive species. Mr. Schellenger said he was pretty sure it was on Camp Kiwanee’s property.
Dave Harris asked to be appointed to the Trails Committee
Motion to appoint Mr. Harris to the Trails Committee: John Kemmett
Second: John Murray
Vote: 4-0-0
Signs – Ms. Nehiley reported that she had purchased 10 signs from Liddell Brothers in Halifax for $150.00 and will pay for it with money leftover in the budget.
MACC/bill – signed
Adjournment
Motion to adjourn at 8:45 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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