HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 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 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
Mr. Schellenger congratulated Ms. Nehiley on her new position as Administrative Assistant for the combined Conservation/Planning Departments. Mr. Schellenger also reminded the Commission that the deadline for the Town Meeting warrant is August 17, 2012.
Minutes
Motion to approve minutes of June 26th, 2012: David Harris
Second: John Kemmett
Vote: 4-0-0
Public Hearings
7:00 PM Continued 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)
7:00 PM Continued 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)
These hearings were continued from June 12, 2012. Mr. Brad McKenzie and Mr. Jim O’Brien attended the meeting to represent Thomas Hastings. Mr. McKenzie began the presentation by recognizing both a memo (no date) from Ms. Guiney and a peer review, dated 6/12/12 by Mr. John Delano and his responses dated 6/28/12 and 7/11/12 respectively. He responded first to Ms. Guiney’s memo which stipulated that the Order of Resource Area Delineation (ORAD) issued in 2008 did not reference a determination of the stream status (Perennial vs. Intermittent). Mr. McKenzie countered that the Commission’s consultant at the time, Ms. Michelle Grenier, agreed with the stream stats that established it was Intermittent, referencing minutes from 6/10/08. Also, Al Loomis of
McKenzie Engineering had conferred with Dan Gilmore, the Resource Area Chief at DEP/Lakeville about the ORAD. Mr. Gilmore agreed that the information was sufficient to confirm that the stream was Intermittent because in accordance with the Regulations, the stream was dry for 4 non-consecutive days in one year, the stream was not observed during a drought period and the evidence was substantiated by a professional engineer (Mr. John Richardson, now deceased) who can be deemed a “competent source.” Mr. Schellenger asked where the photos of the dry stream bed were taken and why did it preclude the designation of the downstream as perennial? Ms. McKenzie answered that he didn’t know but the stream was dry in all locations and added that the stream was dry as little as two weeks ago. Mr. McKenzie claimed he called the office last week when it was not running. None of the office staff received the calls. Mr. Harris mentioned that the
stream was running very recently when he was out there with Al Loomis.
In regards to Mr. Delano’s review, Mr. McKenzie read through his Response Letter, dated 7/11/12, starting with #1 which reiterated his response to Mary’s memo. Item’s #2 and #3 related to the driveways and box culvert being staked. Item #4 referred to Mr. Delano’s observation of evidence of scouring to which Mr. McKenzie replied that Mr. Delano didn’t specify where and he (Mr. McKenzie) didn’t see what he saw in the field. Item #5 referenced DEP policy in regards to the methodology used to determine the stream status. In Item #6, Mr. Delano recommended a bridge with a 20-foot span to the tops of the banks so as to avoid disturbance to the bank and to allow critters to pass through. Mr.
McKenzie countered that their proposed 8-foot wide crossing was designed to comply with the Massachusetts River & Stream Crossing standards to the extent practicable even though they are not applicable to drainage ditches. He maintained that the box culvert is intended to be embedded at a minimum of 2-feet to maintain sufficient depth to achieve a natural flow and to match the characteristics of the existing stream channel. He added that the supporting drainage calculations illustrate that the box culvert will withstand up to a 100-year storm event. Item #7 referred to the 12” iron ductile iron pipe that Mr. Delano suggested replacing with a box culvert. Mr. McKenzie was of the opinion that the 12” pipe provided adequate capacity to pass Stormwater. To the question of Item #8, Mr. McKenzie replied that they have no problem producing a Replication Plan once they have received approval for the project.
In conclusion, Mr. McKenzie said that the application was filed as a Limited Crossing for driveway access and that the Commission had the discretion to waive some of the Performance Standards. The project altered the 50-foot buffer strip, but they were respecting the buffer zone wherever they could. The reason for the two separate crossings was because the Zoning Board of Appeals has no provision for a common driveway and there is no other means of access. Mr. Schellenger commented that the Resource Area includes the entire 100-foot buffer and wanted that to be reflected in the Functions and Characteristics Statement.
Mr. Schellenger asked if a stream was there before the ditch was created. Mr. McKenzie answered “maybe”; but that their consultant believes the trench had been dug out in the 1930’s to convey street drainage into the Bordering Vegetated Wetland. Mrs. Wyman, an abutter, said “There’s always been a stream there.” Mr. Schellenger also asked if there were any wetlands offsite that were not depicted on the Plan. Mr. McKenzie said that they only went about 25-30’ onto the adjacent property. Mr. Clemons remarked that one lot further east to this property, 3 ½ acres in size, was recently flagged and found to be approximately 3 acres of wetland.
Mr. Schellenger was concerned that the driveways would create a dam situation; hydro-logically forcing water to go through a culvert. He speculated that it might flood some people off their site and was worried that the Stormwater will not go through the pipe and will remain upstream longer. Mr. McKenzie was of the opinion that they weren’t impacting groundwater because the water will be going over land and flow is not an issue. They’re not altering land below 2 feet of the surface. Mr. Schellenger asked “In your opinion, there won’t be flooding upstream?” Mr. McKenzie answered “No.” He suggested that the Commission review the Intermittent Stream Watershed Calculations, dated 7/3/12, as the volume and rate of runoff should
not change adding that the point of the analysis was to analyze the impacts if any of the proposed 8’ wide box culvert. Mr. Schellenger asked for comments from abutters. Those present were:
Mark Reale, 751 Whitman Street – concerned with flooding and upset that someone had placed a real estate sign on his property. Mr. McKenzie said that the work will be down-gradient from him. Mr. O’Brien said that the culvert might “improve things but couldn’t promise, of course.” He also apologized for the sign. He said they were marketing the property subject to permitting.
George Badgio, 770 Whitman Street – commented that when it rains, there are four catch basins on Whitman Street that can’t handle the water and it backs up into the high tension lines. Mr. Schellenger asked if the drainage for Whitman Street was depicted on the Plan. Mr. McKenzie answered that they had located some catch basins and manholes.
Mr. Reale mentioned that the people that did the excavating told him it was one road. Mr. O’Brien said that they were two (2) ten-foot wide driveways.
Mr. & Mrs. Les Wyman, 86 Tavern Way – were concerned with traffic and access. Mr. Schellenger said that access is a Planning Board function and they have already approved this. Mr. McKenzie mentioned that
they will do vista pruning to improve the visibility with permission. Mrs. Wyman wondered how they were exiting the property. Mr. McKenzie answered just the driveway.
Melody Cyr, representing her father Joe Comeau, 731 Whitman Street - had the same concerns with flooding and was worried that the water will become unmanageable. She was also concerned that the new homeowners would not be trained to clean the culvert and it would cause problems. Also concerned with traffic and safety.
Mr. Reale asked if the project was approved. Mr. Schellenger said that Mr. Delano was to review the recently submitted information and a response from Natural Heritage is also pending. In addition, the applicant has to seek a Certificate of Compliance for an old Order of Conditions that permitted a temporary wetland crossing.
Mr. Harris asked if the driveway was going to be gravel or asphalt. Mr. McKenzie answered “asphalt.” Mr. Kemmett wanted to know the square footage of disturbance in the 50’ and 100’ buffer zones. Mr. McKenzie said that he will include it in the Functions and Characteristics Statement. He asked for feedback from the Commission as to what type of mitigation they’re looking for. Mr. Schellenger said that the Commission would not prescribe it, but based on past proposals, an expansion of the existing buffer zone into an upland area with a perpetual condition or a Conservation Restriction were acceptable means. Mr. Harris suggested eradication of invasive species.
Motion to continue both hearings until 8/14/12 at 7:15 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
7:30 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)
This hearing was continued from 4/10/12. Mr. Joshua Bows of Merrill Associates and Mr. Brad Holmes of Environmental Consulting & Restoration, LLC attended. Mr. Bows gave a brief overview of the project which is an assisted living facility. The applicant was asked to hire a consultant for a peer review which had been done. Merrill had received the “Notice of Intent Peer Review”, dated 7/24/12 today from Coneco but had not had time to draft a formal written response. Mr. Shane Oates of Coneco identified himself. Mr. Bows continued and said that the building consisted of 48 units. The wetland line was delineated by Mr. Holmes and was depicted in blue on the Plan, dated 6/18/12. He added that the 25’ buffer zone line was removed
from the Plan as requested.
Mr. Bows described the existing site as previously disturbed right up to the treeline. No new disturbance was being proposed and the back side of the detention basin will be re-vegetated. He was of the opinion that it will improve the existing drainage conditions and protection of the wetland. He mentioned that East Bridgewater has approved the project and the Hanson Planning Board closed the public hearing. Also, the East Bridgewater Board of Health agent had given verbal approval to Mr. Bows. He was looking for the Commission to close the public hearing.
Mr. Schellenger asked about a construction sequence (CS) and the Operation and Maintenance Plan. Mr. Bows answered that the CS has been included on the revised plans and the O & M Plan has been devised for Pre and Post Construction, dated 3/12/12, and is included in the Stormwater Management
Report (rev. 6/19/12). Mr. Murray asked about the calculations in the Stormwater Report. Mr. Bows answered that there are a few items that are outstanding that they discussed at the Planning Board hearing
but should be fine with Coneco. Mr. Oates concurred and said that all issues are coming to a conclusion and almost all have been ironed out. Mr. Schellenger asked if there were any major issues. Mr. Oates said “No,
but obviously the big one is the Variance Request.” Mr. Harris asked about the proposed mitigation. Mr. Oates had suggested in his Review that the applicant have a wetland scientist confirm that the plantings survive over time. Mr. Harris said that could be incorporated in the O & M Plan. Mr. Schellenger commented that he wanted to see conservation posts moved to the front of the basin and that the roadway that runs parallel with W. Washington Street be closed off. Mr. Steve Alexander, seller of the property and owner of the adjacent property, was in attendance and commented that it was alright to close that road off. Mr. Bows asked that the hearing be closed and the Order of Conditions conditioned to reflect what was discussed. Mr. Schellenger answered that the
hearing will not be closed until all information is received.
Motion to continue to 8/14/12 at 7:45 PM pending final review: John Kemmett
Second: John Murray
Vote: 4-0-0
7:45 PM Continued 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)
This hearing was continued from 6/26/12. Mr. & Mrs. Aiguier attended the hearing and said that since the last meeting, Ms. Guiney had reviewed the wetland flags and they had paid the additional fees. They had watered the grass/plantings and had installed two (2) conservation posts. Ms. Guiney took pictures and recommended approval of an After the Fact Order of Conditions with a condition that does not include verification or acceptance of the edge of the wetland resource area or the mean annual highwater mark of the Indian Head Brook. The submitted plan is to be used for reference only and does not include verification by the Commission. Mr. Harris thanked the Aiguier’s for their prompt attention to this matter.
Motion to approve and issue an After-the-Fact Order of Conditions: David Harris
Second: John Murray
Vote: 4-0-0
8:00 PM After-the-Fact Notice of Intent to construct a free standing garage and an addition to an existing dwelling and to install a swimming pool with associated landscaping and site grading within 100 feet of a Bordering Vegetated Wetland at 402 Spring Street, Map 109, Lot 18 for Matthew Duggan represented by Webby Engineering, Inc., 180 County Road, Plympton, MA 02367 (DEP #SE175-0620) (New Hearing)
David Harris read the Public Hearing Notice and the abutters were verified. Mr. Joe Webby presented a proposal for a house that is in disrepair. The Bordering Vegetated Wetland was delineated by Dr. Walter Hewitson on 5/1/12. Prior to filing, work that consisted of cleaning up and replanting vegetation in the buffer zone had already commenced. The Plan, dated 6/21/12, depicted a proposed 12’ x 15’ addition, a 28’ x 30’ garage and an in-ground pool. Two test pits were proposed outside of jurisdiction.
Ms. Guiney said she wasn’t sure what happened, but the debris from the burned house may have been thrown into the 50’ buffer zone. Mr. Duggan, who was not in attendance, had told Ms. Guiney that he had “before” pictures that showed that the area had been cleared before he got there. Mr. Harris clarified that Mr. Duggan planted the new vegetation even after it was suggested to him that he wait. Ms. Guiney added that the wetland line needed to be rechecked. Mr. Clemons commented that it would be great if the wetland line was based on soils as soils are a more reliable indicator. No abutters were present.
Motion to continue to 8/14/12 at 8:00 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
Order of Conditions for control of aquatic nuisance vegetation the Town of Halifax in the western basin of Monponsett Pond utilizing low-dose treatments of aluminum sulfate (alum) (DEP #SE175-0580) - signed
Appointment
8:15 PM Appointment with the Nathaniel Thomas Mill Committee to talk about the general maintenance of the building.
Ms. Sylvia Salas, Ms. Iris Morway and Ms. Kathy Bergeron came to the meeting to discuss the Landscaping and Vegetation Management Plan that Mr. Clemons drafted last year. Mrs. Salas wanted to know who was responsible for what. For example: who cuts the grass, trims the bushes and makes repairs. Ms. Salas elaborated by saying the Mill had been vandalized yesterday and slats were broken off of the railing over the Brook. Also, an antique cider press was broken and thrown in the water. Mr. Clemons said that he had stopped by the Mill yesterday to mow the lawn and he notified Becky of the vandalism who in turn notified the Police Department. Officer Brian Watson took the report.
Ms. Salas wondered if the Highway Department, who has the equipment, could mow the grass and perform some of the landscaping. Mr. Clemons said that there is conversation between the Town Administrator and the Highway Department and added that the Blanket NOI would cover the work. He surmised that the rental of the Mill brings in a small amount of money that goes into the General Fund and maybe this would be a way of asking for something in return. The members of the Mill Committee said that they would go to the Highway Department and ask if they’ll mow the grass.
Mr. Steve Alexander of Meadowbrook Garden Center and his son Charlie happened to be in the audience. He asked if the building was owned by the town and was incredulous that there was no money in the budget to maintain it. He volunteered to bring a crew of men to the Mill tomorrow morning for one day of work if there was someone there from Conservation to oversee the work and offer guidance. Mr. Clemons said that he was available to supervise. Mr. Murray volunteered to fix the broken railings.
Motion to approve Mr. Clemons and Mr. Murray to supervise the work to be done by Mr. Alexander of Meadowbrook Garden Center: John Kemmett
Second: David Harris
Vote: 4-0-0
Motion to allocate up to $300.00 for miscellaneous repairs: David Harris
Second: John Kemmett
Vote: 4-0-0
8:30 PM Appointment with Mr. Charles Alexander regarding Franklin Street
Steve and Charlie Alexander requested to meet with the Commission to discuss the pile of crushed concrete on their property at Franklin Street. Steve said that it the owner, Mr. Kerrissey, has abandoned it. He also said that they (Meadowbrook) had installed erosion control about ¾ of the way around. He added that it was contained and the resource area was well protected.
The reason for coming to the meeting was to obtain some input from the Commission. They’re getting conflicting recommendations on what to do with the pile. They have an idea to spread and compact it outside of the 100’ buffer zone to strategically place it for a future project. After speaking with the Board of Health and Ms. Nehiley, they’ve determined that the contents of the pile are clean. Ms. Nehiley made a disclaimer that she has no knowledge of the contents or makeup of the pile. The Alexander’s wanted to know if the Commission had any problem with them doing that.
Mr. Schellenger said “I don’t. It’s on you and how you deal with Mr. Kerrissey.” Steve said that they were working on plans to erect a building on the site. Charlie had a plan depicting the proposal for the
site and the piles. Mr. Kemmett asked about the compost pile. Charlie said it will be moved to their other lot.
Reorganization
Motion to select John Kemmett as Chairman: David Harris
Second: John Murray
Vote: 4-0-0
Motion to select Frank Schellenger as Vice Chairman: John Kemmett
Second: David Harris
Vote: 4-0-0
Motion to select John Murray as Clerk: David Harris
Second: John Kemmett
Vote: 4-0-0
Job Estimate from John W. Delano & Assoc. to mark easement at Williams Way
Motion to accept the estimate for Williams Way access: John Kemmett
Second: David Harris
Vote: 4-0-0
Edgewood Bogs – emails from Matt Rhodes and Irene Winkler, NRCS
Ms. Nehiley mentioned two emails received recently. One from Matt Rhodes, former owner of Edgewood Bogs who indicated he would like to meet with the Commission at some time in the near future to discuss the naming of the Bogs and educational programs. Also an email from Ms. Winkler to notify the Commission that NRCS was making an annual inspection tomorrow and would let us know the results from said inspection in September.
Mr. Clemons mentioned that a young man had broken his leg at Edgewood Bogs recently and the Fire Department had to cut the padlock on the gate to gain access. Mr. Read and Officer Kevin McCarthy of the Hanson Police Department requested that signage be posted at three locations prohibiting motor vehicles. Mr. Clemons took the newly purchased signs to the Highway Department and with the assistance of Robert Brown, Highway Surveyor, posted the signs in three locations plus two that Mr. Clemons recommended at the back of the property.
Letter from concerned citizen regarding condition of shoreline at the Town Hall
Mr. Read, the Town Administrator, forwarded a letter from a concerned citizen regarding erosion at the Town Hall pond shoreline and was looking for direction. Mr. Clemons mentioned that at one time, an Order of Conditions had been issued for the new addition and suggested that we take a look at it to see what was permitted in the past.
Independence Ave. (DEP #SE175-0581)
Ms. Guiney had made with the owner onsite for a Pre-Construction meeting for an Order of Conditions. Adjustments were made as to the type of erosion control used and to allow him to park his vehicles within the 100 foot buffer zone. Ms. Guiney requested that he be allowed to cut a dead tree in the BZ as part of the initial construction phase. Mr. Harris suggested putting a note in the file. The Commission wanted more information as to where the owner wanted to park his trucks.
Old Business/New Business
MACC/bill for annual membership – signed
MACC/bill for hydric workshop fee – signed
Adjournment
Motion to adjourn: David Harris
Second: John Kemmett
Vote: 4-0-0
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