HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 26th, 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 June 12th, 2012 with a minor correction: David Harris
Second: John Kemmett
Vote: 4-0-0
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 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)
Ms. Joy Liptak of Lycott Environmental, Inc. submitted a document called the “Habitat Management Plan for Phosphorus Inactivation in the Western Basin of Monponsett Pond” dated 5/17/12 with a signed approval letter from Thomas W. French, Ph.D., Assistant Director of the Massachusetts Division of Fisheries and Wildlife. The approval allows one (1) Alum treatment to the western basin of Monponsett Pond provided that monitoring for a State-Listed mussel species is conducted in accordance with the Plan. Ms. Liptak said that it is too late in the year to do a mussel survey this year. Therefore, next spring (2013), the survey will be carried out, followed by the treatment and a follow up assessment in the summer. Finally, another survey will be conducted in the spring of
2014 at which time Natural Heritage will review the results and decide at that time if further treatment is warranted.
Ms. Liptak informed the Commission that the lake is already closed due to an algae bloom. Mr. Clemons asked if it was closed to boating. Ms. Liptak answered that she “didn’t believe so”, but that it can be a concern because the algae toxicity can be dispersed in an aerosol form. Mr. Schellenger asked if it was clear that the alga is toxic. Ms. Liptak replied that there is a “potential” that it could produce toxins. Mr. Clemons commented that he didn’t see any species information on the Blue/Green Algae and could that be made available? Ms. Liptak said that the Department of Public Health has done algae studies as well as analysis of water quality and they would have that information. Mr. Clemons asked if there were reduction
goals in the phosphorous levels in the lake proposed in the Plan or as an appendage to the Plan. Ms. Liptak said that the Town of Halifax has formed a committee in terms of monitoring levels of and reducing phosphorous and they’re looking at a lot of potential sources and ideas for remediation. Also, the Department of Environmental Protection has been working with cranberry bog owners as part of their own study and there might be some information available from them.
Mr. Schellenger asked how long the treatment would last. Ms. Liptak answered that “because we’re talking about watersheds and continued inputs, perhaps a year.” She added that the main goal is to get started and to gather data. No abutters were present.
Motion to approve an Order of Conditions to permit treatment: David Harris
Second: John Kemmett
Vote: 4-0-0
7:15 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 7/24/12 at 7:30 PM per request of applicant: David Harris
Second: John Kemmett
Vote: 4-0-0
Orders of Conditions
Order of Conditions for a restoration at 205 Andrew Lane, Map 80, Lot 159 for Robert E. Smith (DEP #SE175-0618) - signed
Amended Order of Conditions for the installation of a 12’ x 14’ shed and a walkway at 81 Ocean Ave., Map 2, Lot 1501 for Kevin Smith & Susan Sanders (DEP #SE175-0591) – signed
Certificate of Non Completion
Certificate of Non Completion for the installation of a septic system at 36 Richard Road, Map 53, Lot 80 for Christine Rotondi (DEP #SE175 -0611) – signed
Request for Certificate of Compliance
Request for Certificate of Compliance for 12 Deer Hill Road, Map 102, Lot 18-15 for John Martinez (DEP #SE175-0524)
Ms. Guiney reported that she had inspected and found the 50’ No Disturb Zone was being maintained and that the site was stabilized. She recommended approval.
Motion to approve and issue a Certificate of Compliance: John Kemmett
Second: David Harris
Vote: 4-0-0
Requests for Extensions
Request for 1 year Extensions for Lots 26-2, 26-2A & 26-2B, Lakeside Road, Map 79 for Coleman Earner (DEP #SE175-0470, DEP #SE175-0471 & #SE175-0469)
Mr. Schellenger commented that Mr. Earner has three (3) housing lots and a roadway and he is looking for time to secure a buyer.
Motion to approve a one-year extension for all three lots: David Harris
Second: John Kemmett
Vote: 4-0-0
Discussions
Reorganization
Mr. Schellenger commented that he does not want to be considered for Chairman again as he is going to school in September and won’t have the time to devote to it. Mr. Kemmett suggested that the issue be tabled until the next meeting.
Motion to table reorganization until 7/24/12: John Kemmett
Second: John Murray
Vote: 4-0-0
Public Hearings (continued)
7:30 PM Notice of Intent for the restoration of the buffer zone to a Bordering Vegetated Wetland and the Riverfront Area at 60 Brook Bend Road, Map 105, Lot 13 for Brian and Nancy Aiguier, 60 Brook Bend Road, Hanson, MA 02341 (DEP #SE175-0619) (New Hearing)
Mr. John Murray read the Public Hearing Notice and the abutters were verified. Mr. Schellenger asked if the required fees had been paid to which Ms. Nehiley replied that $100.00 was owed for the Request for Certificate of Compliance. Ms. Guiney asked if double fees should be imposed for an After-the Fact filing. Mr. Schellenger answered yes. Mr. and Mrs. Aiguier attended the hearing to explain that they’d been initially notified that there was an issue from N Star who had done a flyover. The issue being that their son had stockpiled wood and a shed was located under the electrical easement. Since then, the cordwood has been removed and the shed was moved to another part of the property. In addition, they had consulted with an arborist who told them
what to plant (a perennial rye grass and trees) to restore the disturbed area. Mrs. Aiguier submitted pictures of what has been accomplished thus far.
Mr. Schellenger asked if the wetland had been flagged to which Mrs. Aiguier replied that a neighbor had the area delineated for a project last year and the flags were still there. Mr. Schellenger said that the reason for the flagging was so that the distance from the resource area and the riverfront area can be judged to determine where the buffer zones are. He speculated that the Commission didn’t have enough information. Mr. Harris added that the flagging is necessary as a formality so that if the property changes hands, the new owner is aware where the lines are. However, he commended the Aiguier’s for the work that they have done up to this point.
Motion to continue to 7/24/12 at 7:45 PM pending flagging of the Wetlands and a revised diagram to show the delineation, the resource areas and the buffer zones: David Harris
Second: John Kemmett
Vote: 4-0-0
Old Business/New Business
John W. Delano & Assoc., Inc./bill – signed
Ben Meadows/bill – signed
WB Mason/bill – signed
Whitman Street, Map 109, Lot 4 (builders Lot 1 & 2) – Driveway has been staked. Al Loomis is making a site walk this Thursday, 6/28/12
Mr. Schellenger reminded the Commission that these hearings had been opened up at the last meeting and continued until 7/24/12 pending review of Mr. Delano’s comments and a site inspection once the driveway had been staked. Mr. Schellenger also commented that the previous Order of Conditions for the perc tests should be closed out with a Certificate of Compliance.
Reminder of 2PM meeting with Amanda Freitas, Wetlands Reserve Program Planner for the Massachusetts Association of Conservation Districts this Thursday in W. Wareham to discuss the restoration plan for Edgewood Bogs
Mr. Clemons commented that the one of the purposes of the meeting is to look at the permitting steps involved for the Restoration Plan. To that end, he had met informally with David Gould, Environmental Manager for the Town of Plymouth who oversaw permitting for the Eel River Restoration Area which was primarily done under a Notice of Intent and an Expanded Environmental Notification Form (ENF) that included extensive notes. Mr. Clemons had prepared a “Proposed Permitting Plan” with hypothetical dates for commencing the steps for permitting.
Through conversations with Amanda and others at Natural Resources Conservation Services (NRCS), Phil gleaned that, earlier this month, they had collected data on the water levels in the ditches, the water control structures and tops of the bogs to see how the different bogs interrelate and where it may be feasible to have the brook rerouted as well as work with the thread of the brook that has been there all along. One of the other things that he and Mr. Gould had discussed was the nature of what will go in place of the water control structures. Mr. Gould and others at the Federal level are not enthralled with rip rap weirs as good restoration devices and to be careful of just accepting them. For similar money, non rip rap devices such as logs and other natural materials can
do the same thing and have a more natural looking and natural functioning purpose. Mr. Schellenger asked Mr. Clemons if there was any preliminary information on where they’re going to put these structures. Mr. Clemons said it would be a modification of what’s there now and when he and John Kemmett go down on Thursday, NRCS may have prepared some sketches for that. Mr. Harris asked if there was any mention of future maintenance costs of one versus the other. Mr. Clemons said that is very much on his mind. He surmised that over the decades, logs will degrade and more trees will eventually fall down to replace them. Aesthetically, there has never been rip rap on the site and logs, which are more natural, would also allow the stream to be continuous and more habitable for fish.
Mr. Gould also suggested that, because we have the offer of advice of the North and South Rivers Watershed Association (NSRWA) and at least informal advice from the Department of Environmental Restoration (DER), the Commission attempt to put together a Committee of three technical people to do a 3rd party review of the Restoration Plan on behalf of the Commission. The idea is to make sure that the NRCS doesn’t put together a cookie cutter plan instead of a natural looking restoration plan. The bottom line is, he said, NRCS is paying for the restoration, but we, as the client, don’t have to accept what their initial proposal is.
Mr. Schellenger asked about the phragmite removal. Mr. Clemons said that Ms. Freitas may have thoughts about that and hopefully, they should hear about that on Thursday.
Motion to form a Review Committee of three people (including Phil Clemons) to review the Restoration Plan for Edgewood Bogs at no cost: John Kemmett
Second: John Murray
Vote: 4-0-0
Hanson Trails Committee has been awarded $3,320.00 from the Fields Pond Foundation
Mr. Clemons reported that a grant was received to facilitate improvement to the trail (called the Old Woods Road) that connects Edgewood Bogs to open space properties in Pembroke where the Bay Circuit Trail (BCT) already exists. This would in effect take the BCT off of Route 14 in Hanson and back into the woods where it would be more safe and enjoyable. The improvements would include the removal and relocation of some large stones to create an inviting, walkable path, the details of which are on the application in the office. Mr. Clemons surmised that the work would be covered under the auspices of our new Blanket Notice of Intent. Also, he said, NRCS has already given verbal approval for maintaining the trail as a compatible use.
29 Country Lane
Ms. Guiney reiterated that the owner had filed for a Building Permit in April which facilitated a site inspection. Ms. Guiney advised him at that time to file a Notice of Intent before commencing work. She re-inspected on 5/29/12 and found that a deck had been completed without a Building Permit or a Conservation Permit. An enforcement order issued on 6/6/12 and ratified by the Commission on 6/12/12 required the owner to file an After-the-Fact Notice of Intent which was not submitted as of the deadline. Ms. Guiney had prepared a ticket with a fine of $100.00 for non-compliance.
Motion to issue fine: David Harris
Second: John Kemmett
Vote: 4-0-0
402 Spring Street
Ms. Guiney reiterated that the owner was given a verbal Cease and Desist and followed up with a Letter of Violation for work performed within the buffer zone to a resource area. He has filed a Notice of Intent and is on the 7/24/12 agenda. However, the erosion control was put in incorrectly and must be reinstalled properly. Ms. Guiney has tried to contact him twice with no response. An enforcement order (EO) was prepared.
Motion to issue an EO to install the erosion control correctly: David Harris
Second: John Kemmett
Vote: 4-0-0
West Washington Street, Assisted Living Facility
Ms. Guiney reported that this filing came in on 3/15/12 and the first public hearing was in April. At that time, Coneco Engineers had been selected as the consultant by the Planning Board. Originally, Coneco was informed that the cost for Conservation’s review would be billed through the Planning Department. At the end of April, we received notice from the Planning Department that the consultant had to bill separately to Conservation. Ms. Guiney contacted Shane Oates, Senior Project Manager for Coneco on 5/15/12 and asked for a separate request for services and an estimate. At the end of May, Coneco submitted an estimate to Conservation for $4,250 to review the proposal. Ms. Guiney called them to say that it exceeded our By-Law which allows $2,250 for a
project of this size. Mr. Oates said he would revise the bill, but countered that he’d already done the work. Mr. Josh Bows of Merrill Associates who is the engineer for the applicant said that his client thought that the price ($4,250) was too high and in addition, they had already paid $7,000 to the Planning Board.
After discussion at the 6/12/12 Conservation meeting, Mr. John Delano was contacted for a bid because he had done the review for the Town of E. Bridgewater. His bid was $1,200. Since then, we have received a revised bill for $2,250 from Coneco for the work that was already done but that doesn’t include a review of the revised plans or a meeting with the Conservation Commission. To summarize, Ms. Guiney said that right now, we have a bill from Coneco for $2,250 and a huge packet with revised changes. Ms. Guiney notified Mr. Rene Read of the situation today and Mr. Read asked for a chronology of events.
Mr. Kemmett asked what Coneco would charge for an additional review. Ms. Guiney said we don’t have that figure, but she speculated that it would end up costing the $4,250 that was originally proposed. Mr. Kemmett commented that Mr. Delano’s price was less for the entire review than what Coneco was charging for an initial review. Mr. Schellenger said that he doesn’t know why Coneco thinks we owe them $2,250 when they don’t have a signed contract. Mr. Schellenger asked what do we expect to receive if we owe this money? Ms. Guiney replied a wetlands assessment of the original project, but she has seen the review that was prepared for the Planning Board and it is comprehensive and includes Stormwater management issues. Mr. Schellenger asked why
should we pay this money again for a review that’s already been provided to another Town Board. “This is only one Town. Why would we pay these people twice?” Mr. Schellenger added. In the meantime, he suggested that we not do anything with Mr. Delano. Mr. Kemmett mentioned that “we’re stuck” if we don’t have any information for the 7/24/12 meeting. Mr. Harris said that “That would be a big burden on Mary until she has time available. Mary has only 10 hours a week and that would eat up a lot of it.” Mr. Schellenger suggested that we put the question to Town Counsel and ask why “it was not acceptable that we piggyback with the Planning Board review.” He added that he would be happy to talk to Town Counsel if needed.
Kerrissey Update
Ms. Guiney reported that there had not been any action and Mr. Kerrissey had failed to pay the fine. Mr. Schellenger mentioned that he had talked to Mr. Charles Alexander, owner of the property, who had given a deadline (7/1/12) to Mr. Kerrissey to get the debris and his equipment offsite and he is waiting to see what happens next. Mr. Harris asked what DEP’s deadline? Mr. Schellenger said that it was back in March and Mr. Kerrissey was fined about $4,000.00 from the DEP.
Ms. Guiney said if we wanted to pursue it, that we contact the Police Prosecutor and take out a criminal complaint in District Court where it will go to the Clerk Magistrate for a hearing. Mr. Alexander told him if it wasn’t removed, he was going to spread it around his site. Ms. Guiney mentioned that the “spreading of the stockpiles would fall under our jurisdiction either as a Notice of Intent or an Enforcement Order and where we could order Mr. Alexander to spread it out and plant it with a timeline.” Mr. Schellenger said that we should wait to see what happens with the deadline.
Interim Agent
At Mr. Harris’s inquiry, Ms. Guiney said she would continue in the position at 10 hours a week until they hire someone permanently. Mr. Kemmett asked when. Ms. Guiney said probably not until September. Mr. Harris suggested that if the workload continues to increase we should ask for an increase in hours.
Adjournment
Motion to adjourn at 8:30 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
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