HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 12, 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 22, 2012: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings
7:00 PM Request for an Amendment to an Order of Conditions for the installation of a septic system at 36 Richard Road, Map 53, Lot 80 for Christine Rotondi represented by Webby Engineering Assoc., Inc., 180 County Rd., Plympton, MA (DEP #SE175 -0611) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Alan Dias made the presentation and asked the Commission to recall an approved septic repair (4/10/12) where grading had been proposed within the 50’ buffer zone (bz). The applicant had been required to mitigate by planting trees every 10 sq.ft. within the area of disturbance. After review, it was determined that the cost of mitigation would exceed $10,000. Therefore, Mr. Dias is requesting an amendment to the Order of Conditions to accept a new plan depicting a retaining wall around the SAS eliminating the aforementioned work within the 50’ bz. He would need a Certificate of Non-Completion to close out that filing in order to work under the existing Blanket Permit that was issued
for the test pits. He also mentioned that a botanist had rechecked the wetland line for accuracy and the erosion control was still in place. Mr. Schellenger asked for comments from abutters. Those present were:
Mr. & Mrs. Paul Anderson of 52 Richard Road – Were concerned with flooding as a result of the installation of the septic. Mr. Dias commented that they were taking the existing SAS out of the ground and onto the surface and that there was no impact to the grade. Mr. Kemmett suggested that the erosion control become the limit of disturbance and that the new owners not mow beyond that point. He also suggested three (3) Conservation posts to delineate that area.
Motion to approve an Amendment to the Order of Conditions with a condition that the owners not mow beyond the erosion control in perpetuity, the installation of 3 Conservation posts to be conditioned in the Blanket Permit and to issue a Certificate of Non-Completion for the Order of Conditions: David Harris
Second: John Murray
Vote: 4-0-0
7:15 PM Request for an Amendment to an Order of Conditions for the installation of a 12’ x 14’ shed and a walkway within 100 feet of a Bordering Vegetated Wetland at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith & Susan Sanders (DEP #SE175-0591) (New Hearing)
*Postponed for a few minutes until Mr. Smith was finished in the Board of Health.
Discussions
16 Williams Way – Conservation Easement
Ms. Guiney reported that she, Mr. Schellenger and Mr. Kemmett had gone out to meet with the owners on 5/31/12 to see if there had been encroachment onto the easement as was suspected. In conclusion, they believed there was none. Ms. Guiney recommended that a survey of the lot line be conducted.
Motion to have the property surveyed along the easement and to post a generic Conservation sign: David Harris
Second: John Kemmett
Vote: 4-0-0
7:30 PM After-the-Fact Notice of Intent for the removal of large pine trees within the buffer of a wetland resource area and a proposed restoration at 205 Andrew Lane, Map 80, Lot 159 for Robert E. Smith represented by John W. Delano & Assoc., Inc., 220 Hudson St., Halifax, MA (DEP #SE175-0618) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Delano made the presentation. He began by describing the lot as having an existing house and pool, a lawn area, a marshy meadow in the back of the property and as being wooded on the north and south sides. The Smith’s had cut a stand of trees and brought in some loam in preparation to smooth out the area and plant flowers. At that point they had received a cease and desist and were required to flag the wetlands. Mr. Delano submitted a Plan dated 5/26/12 depicting 928 sq.ft. of disturbance within the 50 bz. As mitigation, he suggested that they replace the 2 pine trees that were cut and to loam and plant the area with conservation seed mix to be left undisturbed in perpetuity. In
addition, that they be required to stop mowing an area that was previously mowed and install three (3) conservation posts. Mr. Schellenger asked for comments from abutters. Those present were:
Mrs. Lorraine Lentini, 204 Andrew Lane – Didn’t think what the Smith’s were doing was a big deal. She had complained about other neighbors a couple of years ago and the Commission did nothing. Mr. Schellenger asked if she had put the complaint in writing to which she replied, no.
Ms. Guiney suggested a timeline to finish the work and that two more posts be installed at Flags #2 & #3.
Motion to approve a variance to work temporarily within the 50’ buffer zone:
David Harris
Second: John Kemmett
Vote: 4-0-0
Motion to approve an Order of Conditions with a 90-day timeline to complete the work and the installation of five (5) conservation posts: John Kemmett
Second: John Murray
Vote: 4-0-0
7:15 (7:45) PM Request for an Amendment to an Order of Conditions for the installation of a 12’ x 14’ shed and a walkway within 100 feet of a Bordering Vegetated Wetland at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith & Susan Sanders (DEP #SE175-0591) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Smith said that he had approval from zoning to install a 12’ x 14’ shed and is required by the building codes to install a 6” gravel base and tie it down with hurricane cables. He is also requesting permission to put in a brick walkway between the house and shed so the water from the roof will disperse towards the driveway. Ms. Guiney had taken pictures of the location. No abutters were present.
Motion to approve and issue an Amendment to the Order of Conditions: David Harris
Second: John Murray
Vote: 4-0-0
7:45 PM Notice of Intent for the construction of a driveway, single family home, intermittent stream crossing and utility service connections within the 100 foot buffer zone to a bordering vegetated wetland as well as alteration of approx. 3,785 s.f. of vegetated wetland at Whitman Street, Map 109, Lot 4 (builders Lot 1) for Thomas Hastings of Thomas J. Hastings Co., LLC, represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0616) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. Brad McKenzie, P.E. made the presentation for a proposal to construct a single family house on a Form A lot approved by the Planning Board. It requires Limited Wetland Crossing(s) for (both) driveways with approx. 3,700 sq.ft. of alteration to the Bordering Vegetated Wetland and alteration of 36 linear feet of the bank itself to install a 6’ x 6’ box culvert and headwall to be embedded 2’ into the bottom with a span ration of 1.2 times the normal flow width of the channel. In addition, a portion of the driveway is located within the 50’ buffer zone (bz). As mitigation, the applicant is proposing a replication area at a 1½ to 1 ratio. Erosion control is proposed at
the limit of work. Mr. McKenzie said the access was designed like a common driveway with one crossing to minimize alteration to the BVW and that the Board has the right to waive some of the Performance Standards.
Mr. McKenzie went on to say that the entire property was flagged by John Richardson in 2008 and recorded in an Order of Resource Area Delineation (ORAD) on 6//25/08. Because of the Extension Permit Act, the ORAD was granted a 2-year extension rendering it effective until 6/13. Mr. Schellenger asked for comments from the abutters. Those present were:
Mr. & Mrs. Les Wyman, 86 Tavern Way – Believed that the driveway access would be a danger to traffic on Route 58. Also, he was concerned with flooding from blocking the intermittent stream. Mr. Schellenger commented that the USGS map depicted it as a perennial stream. Mrs. Wyman questioned the ownership of the land and thought that some of it belonged to the Town of Hanson. Mr. McKenzie said not according to their research into the title. Also, Mr. McKenzie said that the calculations from a StreamStat analysis done in 2008 presumed the stream to be intermittent. He maintained that the Commission went along with the designation at the time.
Mr. John Delano of John W. Delano & Assoc., the consultant for the Commission, agreed with Ms. Guiney’s opinion that the ORAD issued on 6/25/08 was for Bordering Vegetated Wetland only and that no other resources, such as the stream, were approved as accurate.
Mr. Delano was of the opinion that the stream had been dug out because it was a straight channel, but topo maps derived from aerial photos from the 1930’s clearly depicted it as a natural stream. He had observed substantial flow today and evidence of scouring. Based on these facts, Mr. Delano was not convinced the stream was intermittent and suggested the applicant document the stream status in accordance with current DEP Policy.
Mr. Delano also questioned the accuracy of the accepted wetland line, which is protected under the ORAD, but suggested that the driveways be staked for further inspection in the field by the staff or the Commission so as to have a better idea of the impact to the BVW. In addition, Mr. Delano recommended a 20-foot span for the crossing so there would be no disturbance to the stream bank and an open bottom structure with abutments to allow critters to pass through. He had concerns with a 12-inch iron culvert at the first bend in the driveway and suggested a suitable sized box culvert instead. In conclusion, he suggested that a replication plan with specific details be provided for review.
Mr. McKenzie briefly addressed Mr. Delano’s comments. He hadn’t reviewed the ORAD but he surmised that 80% of the discussion at the public hearings in 2008 revolved around the classification of the stream. He said that a lot of time was spent in the field, they had provided StreamStats and that the record should suffice. He suggested that the stream designation dictates how the crossing is designed and to what standards. Mr. McKenzie continued and said there was no problem staking the center line of the driveways and he would accompany the Commission on a site walk. He wanted to revisit the issue of the scouring marks and mentioned that the applicant didn’t want to provide a replication plan until the proposal was approved.
Mr. Clemons commented that he had a familiarity about the area and suggested that there is a large wet area behind Spring Street and Damien’s Pub that possibly drains into the stream. He was of the opinion that because there is Stormwater drainage from all sides, a good size storm event would produce a significant amount of water into this watershed and his recommendation was not to “under-design the size of the stream crossings.” Mr. Schellenger asked for comments from abutters. Those present were:
Joe Comeau, 731 Whitman Street – Had concerns with flooding.
Melode Cyr, on behalf of Mr. Comeau – Agreed with Mr. Wyman that the traffic was terrible and it was a treacherous corner. Also, she asked if the project qualified for notification to Natural Heritage Endangered Species Act (NHESP). Additionally, she reiterated that her father (Mr. Comeau) battled with water and his sump pump went all the time. If he is flooded out, “what is their recourse?” The Agent agreed that a portion of the site may be subject to NHESP oversight.
Mark Reale, 751 Whitman Street – Had concerns with flooding. He was worried that the stream behind Mr. Comeau’s house would get backed up.
Mr. Schellenger commented that the size of the culvert is an issue and a perpetual condition in an Order of Conditions would require regular maintenance/cleaning of said culvert. He added that the State had granted automatic two-year extensions to all permits that were in effect from 8/15/08 and 8/15/10 so the wetland delineation for this project was actually performed in 2008. Mr. Clemons said that they are usually only good for three years. Mr. Schellenger asked Mr. McKenzie for a Functions and Characteristics Statement to document that they consider the values of Hanson’s 50’ and 100’ buffer zones with some form of mitigation. Mr. Wyman asked if access would be addressed if the Commission issued an Order of Conditions.
Mr. Schellenger said that was a Planning Board issue.
Motion to continue to 7/10/12 at 7:00 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
Mr. Schellenger wanted clarification from Circuit Rider, Christine Odiaga of the stream status with respect to dry stream bed conditions. 310 CMR 10.58(2)(1)1.a through c
8:00 PM Notice of Intent for the construction of a driveway, single family home, intermittent stream crossing and utility service connections within the 100 ft. buffer zone to a bordering vegetated wetland at Whitman Street, Map 109, Lot 4 (Builders Lot 2) for Thomas Hastings of Thomas J. Hastings Co., Inc. represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0617) (New Hearing)
Dave Harris read the Public Hearing Notice and opened the hearing for Lot 2.
Motion to continue to 7/10/12 at 7:00 PM: David Harris
Second: John Murray
Vote: 4-0-0
Order of Conditions
Order of Conditions for site preparation for redevelopment of an existing commercial facility at 1101 Main Street, Map 42, Lots 60 & 60A for Joseph Marangiello, J & M Realty Trust (DEP #SE175-0610) – signed and issued 6/11/12
Discussions
Town Planner/Conservation Agent job description
The Commission was in receipt of the job description for the Planner/Agent position. Mr. Schellenger asked that the members forward their comments to Becky so that she could compile and forward them to Mr. Read, Town Administrator. Mr. Don Ellis, Chairman of the Planning Board, attended the meeting. He said that he was waiting for feedback from his Board members although they are looking at it from a Planning perspective. He said that he thought it would be difficult to find someone to fill and perform both requirements for the position. Mr. Ellis added that if it gets hectic, the Selectmen should be required to restore the previous positions or add an assistant, depending on the individual that is hired.
Stone Property/CPC application/Self Help Grants - letter of support
Mr. Clemons reported that a landowner in town, Mr. Harris Stone, has submitted an application to the Community Preservation Committee to purchase a sizable property that borders all of the back land between Holmes Street, W. Washington Street and County Road. Mr. Stone approached Scott MacFaden of the Wildlands Trust to assist him in preparing the application. The idea is for the Town to purchase it under the care and custody of the Conservation Commission as it is a high quality habitat with potential for passive recreation. Also, the land is contiguous with other town holdings and borders the Poor Meadow Brook and it’s tributaries which are directly upstream of the Crystal Spring Well field. The Open Space Committee, Mass Wildlife and Wildlands Trust have already submitted letters of support.
Motion to support the acquisition of the Stone Property: David Harris
Second: John Kemmett
Vote: 4-0-0
Franklin Street/Kerrissey update
Mr. Schellenger reiterated that there is an open Enforcement Order that required Mr. Kerrissey and/or the owner to install erosion control around the debris piles and the owner to loam and seed the area in front of the stone wall. The owner had requested that the Commission reconsider the condition to loam and seed as it would create a problem with access. Mr. Schellenger intends to meet with him. Ms. Guiney reported that the erosion control had been installed around the piles and in front of the wall. Mr. Harris noted for the record that Mr. Charles Alexander, owner performed the work, not Mr. Kerrissey.
11 Fallon Point Road
The property is for sale and needs a new septic and a well for which an Order of Conditions had been issued in 2004 but had expired. Mr. Harris and Ms. Guiney had inspected on 6/6/12. Mr. Harris said the wetland line is easy to see and the edge of the pond is evident. Mr. Schellenger suggested that since the proposed septic is over 50-feet from the BVW, it could be permitted under a Blanket Permit and the well covered under a Neg. 3 Determination.
29 Country Lane Enforcement Order (EO)
Ms. Guiney reported that the owner had filed for a Building Permit in April which facilitated a site inspection. Since there was a BVW right behind the house, Ms. Guiney advised him to file a Notice of Intent before commencing the work. Having not heard from him, she re-inspected on 5/29/12 and found the deck had been completed without a Building Permit or a Conservation Permit. The EO was ratified by the Commission.
Factory Pond Dam
Mr. Schellenger reminded the Commission that after 7/1/12, the Commission will have the funds to hire an engineer to repair the spillway. Mr. Schellenger added that he would like an endorsement to acquire a bid from Amory Engineers, P.C. as they had done the initial Phase I inspection required by the State.
Motion to acquire a bid from Amory Engineers: David Harris
Second: John Murray
Vote: 4-0-0
402 Spring Street
Ms. Guiney reported that an individual had come into the office to notify us that he had bought the above mentioned property and the bank had “cleaned” the wetlands up. Ms. Guiney inspected and found some other work had been done. The owner was given a Cease and Desist which was followed up with a Letter of Violation and he will be filing a Notice of Intent before next week.
Edgewood Bogs Update
Mr. Clemons reported that he is “very impressed” with the different agencies that are working together on our behalf and that a lot of “good work is happening.” A preliminary plan is being prepared for the removal of the dikes for which a lot of data has been collected. Amanda J. Freitas, a Wetlands Reserve Program Planner for the Massachusetts Association of Conservation Districts has asked to talk and/or meet with members of the Commission to discuss the proposed restoration project and invasive species control. Ms. Nehiley will
try and set something up that is amenable to everyone.
All American Assisted Living
Ms. Guiney reiterated that Coneco Engineers had been selected as a consultant and originally the cost would be piggy-backed onto the Planning Board Review. The Planning Board came back and said that we had to bill separately. Subsequently, Coneco submitted an estimate for $4,250 to review the Assisted Living proposal. Ms. Guiney had called them to say that it was too high. The applicant thought it was too high as well and they had already given $7,000 to the Planning Board. Mr. Shane Oates said they would tighten up the cost and get back to us. Ms. Guiney said we don’t have a contract with Coneco and suggested that we could contact John Delano for an estimate. Mr. Schellenger agreed. Mr. Harris mentioned that we couldn’t piggyback with Planning because Town
Counsel said we couldn’t without giving any explanation. Also, Mr. Harris said we never got a final estimate of cost from Coneco.
Old Business/New Business
Liddell Brothers/bill – signed
John Delano & Associates, Inc./bill – signed
Mileage Reimbursement – signed
Clipper Press/bill – signed
Adjournment
Motion to adjourn at 9:45 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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