HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF AUGUST 14, 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, Chairman, in Meeting Room A at the Town Hall.
Present: John Kemmett, Chairman
Frank Schellenger, Vice Chairman
John Murray, Clerk
Phil Clemons, Associate Member
Absent: David Harris, Member
Rebecca Nehiley, Administrative Assistant
Also Present: Mary Guiney, Interim Agent
Minutes
Motion to approve minutes of July 24, 2012: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Public Hearings
7:00 PM Notice of Intent for the installation of a shed within 100 feet of a Bordering Vegetated Wetland at 549 E. Washington Street, Map 114, Lot 6B for Richard W. Sonier and William and Doris Mutzenard (DEP #SE175-0622) (New Hearing)
John Murray read the Public Hearing Notice and the abutters were verified. Mr. Sonier attended the meeting and was accompanied by Mr. Mutzengard. Mr. Sonier began by saying that Brad Holmes, P.W.S. of Environmental Consulting and Restoration had delineated the Bordering Vegetated Wetland on 6/29/12. He submitted photos of the proposed location of the shed on an existing lawn area. Mr. Schellenger asked why the shed couldn’t be moved forward. Mr. Sonier answered because other vegetation was in the way and the shed had to be 20 feet from the property line. He surmised it was the only possible location on the lot because of these other constraints. Mr. Kemmett was concerned about debris in the resource area. Ms. Guiney recommended approval.
Motion to approve a variance from the 50’ no build zone and to allow a shed to be constructed on concrete blocks: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Motion to issue an Order of Conditions with a condition to remove the yard waste from the resource area by hand and to find an alternative method of disposal: Frank Schellenger
Second: John Murray
Vote: 3-0-0
7:15 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 (DEP #SE175-0616)
7:15 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. both Notices of Intent’s represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0617)
Motion to continue both hearings to August 28, 2012 at 7:15 PM per request of applicant: Frank Schellenger
Second: John Kemmett
Vote: 3-0-0
Mr. Schellenger requested that an abutter, Mr. Mark Reale, is notified of the date of the continued hearings.
Discussion
Purchase of signs
Motion to purchase No Loitering and No Dumping signs from Liddell Co.: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Purchase of an auger and shovel, choppers & flagging tape – postponed until next meeting
Orders of Conditions
After-the-Fact Order of Conditions for the restoration of the buffer at 60 Brook Bend Road, Map 105, Lot 13 for Brian and Nancy Aiguier (DEP #SE175-0619) - signed
Requests for Certificate of Compliance
Request for a Full Certificate of Compliance for 90 Pratt Place, Map 90, Lot 1 for Steve Egan (DEP #SE175-0603) Ms. Guiney did an inspection and recommended approval.
Motion to approve and issue a Certificate of Compliance with perpetual conditions: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Request for a Certificate of Non Completion for 11 Fallon Point Road, Map 69, Lot 7 for Julia Albrand (DEP #SE175-436) Mr. Schellenger mentioned that the work under this previous Order never went forward.
Motion to approve and issue a Certificate of Non Completion: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Request for a Full Certificate of Compliance for 18 Deer Hill Road, Map 102, Lot 7 & 18-4
for Paul McInnes (DEP #SE175-0528) Ms. Guiney inspected and presented pictures. Mr. Schellenger had made the original inspection on 1/4/12 and suggested to the homeowner, at that time, to fix the problem of erosion. Ms. Guiney reported that the embankment had been stabilized and recommended approval.
Motion to approve and issue a Certificate of Compliance with perpetual conditions: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Old Business/New Business
Reimbursement to Dave Harris/invoice – signed
Clipper Press/invoice – signed
Knox Company/invoice – signed
Coneco Engineers/Peer Review /invoice – signed
242 Maquan Street – violation letter
Ms. Guiney had made an inspection in response to a complaint by the Board of Health of a garden hose from the aforementioned property into Maquan Pond. She had taken pictures from the pond’s edge at 308 Maquan St.. Mr. Schellenger asked if the owner had been contacted. Ms. Guiney replied that a violation letter had been prepared for signature and was read into the record (attached).
Motion to send letter: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Camp Kiwanee update
Ms. Guiney reported that Chief Thompson of the Hanson Fire Department had made a request to spray a foam product for a recreational event at Camp Kiwanee. She added that it was supposedly an anti-bacterial foam. Mr. Thompson maintained that the Commission had denied its use in the past because it might cause algae growth in the pond. Mr. Clemons asked what type of foam is used and for what purpose. Ms. Guiney answered fire suppression foam and the purpose would be for entertainment. No one on the Commission had knowledge of a prior denial of the use the foam and requested more information on the chemical composition.
Mr. Schellenger mentioned that he wanted the subject of the Factory Pond Dam to be put on the next agenda for discussion.
7:45 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)
Mr. Josh Bows, P.E. of Merrill Associates and Brad Holmes, P.W.S. of Environmental Consulting and Engineering attended the meeting. Mr. Bows reiterated that at the last Conservation meeting a peer review letter (dated 7/24/12) had just been received from the Commission’s review engineer, Shane Oates of Coneco. Subsequently, a response letter (dated 8/9/12) was submitted from Mr. Bows to which a follow up response was provided by Coneco. Based on his reading of the letter, there are no outstanding issues to be addressed on behalf of Coneco Engineers.
Mr. Murray was of the opinion that the report was too difficult for a lay person to understand. Mr. Holmes said that they can work with Conservation and the Planning Board on the nuances of the regulations and the soil calculations. Mr. Bows mentioned that the applicant had received approval from the Planning Board last night and any further comments received from Conservation tonight would be incorporated into a final set of construction plans. He was aware that the Conservation posts were to be moved to the top of the bank of the access berm which, he said, are depicted on a cut sheet. He suggested that it be mentioned in the Order of Conditions. The other change that the Commission requested at the last meeting was that the existing access road be abandoned and
allowed to revegetate.
Ms. Guiney commented that some of the plantings had been changed from wetland to more upland species to increase survival rates. Mr. Holmes added that the buffer strip was proposed to be planted with 62 native, facultative or dryer shrubs and the lower slope of the basin would be vegetated with a conservation seed mix to provide a buffer to the gravel parking. Mr. Schellenger asked if Mr. Holmes had prepared the Operation and Maintenance Plan for the basin to which he answered yes.
Mr. David Harrington representing Coneco Engineers was present and reiterated his comments from their review letter pointing out the disturbance in the 50’ no disturb zone. Mr. Bows made the argument that the proposed plans and mitigation provide for a better situation resulting in improved conditions over what currently exist. He added the new vegetation and the elimination of the utility road improve the site and the 50’ buffer. Mr. Kemmett asked if a variance request was filed to which Mr. Bows replied yes. Mr. Schellenger asked if Coneco was satisfied with the revised hydrological report. Mr. Harrington replied that the results indicate that the peak flow was lowered offsite even further and they had no issues with it at all. Mr.
Schellenger proposed that the Conservation Commission be notified when the basin is to be maintained and that temporary erosion control be installed during maintenance.
Motion to approve a variance to work within the 50-foot buffer zone:
Frank Schellenger
Second: John Murray
Vote: 3-0-0
Motion to close hearing and approve a Large Project Order of Conditions with the additional conditions of notification of maintenance and a provision to monitor the mitigation area: Frank Schellenger
Second: John Murray
Vote: 3-0-0
8:00 PM Continued 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)
Ms. Guiney is to meet with a new wetland scientist onsite tomorrow at 9:00 AM. She also said that Mr. Webby had submitted a new plan that depicted the new line, the location of the garage and the modification of the pool from an in ground to an above ground.
Motion to continue to September 11, 2012 at 7:00 PM per request of applicant:
Frank Schellenger
Second: John Murray
Vote: 3-0-0
Discussions (continued)
Thomas Mill Update
Mr. Clemons distributed copies of a Stewardship Activity Report for the Thomas Mill dated 7/25/12 to document and describe the work that was performed by Meadow Brook Garden Center in accordance with the Blanket Notice of Intent. The work included trimming of brush and was consistent with the Management Plan that was drafted a couple of years ago. The Highway Department provided off site disposal of the brush. As a point of interest, Mr. Clemons mentioned the live fish (white perch and hornpout) that were observed at the large Stormwater drain on the west side of Indian Head Brook after it was uncovered. He added that the rusty, discolored water is not pollution, but a naturally occurring ferrous iron oxide.
In addition, Mr. Clemons recommended a few action steps that include a sign with the DEP# be prepared and posted at the site. He was of the opinion that at least 2 more events should be planned to remove the invasive species that have already started to grow back. Also, an offer from Robert Brown of the Highway Department to mow the lawn was accepted and the lighting system needs to be updated. Mr. Murray said the system is working and coming on at night. Mr. Kemmett, a licensed electrician, is mildly concerned about the wiring and suggested that the Electrical Inspector and Building Inspector take a look at it.
Mr. Clemons summarized by saying that we should encourage the Police Department to look in and keep an eye on traffic so as to avoid future vandalism. Mr. Schellenger asked if we knew what the source of the Stormwater drain was. Mr. Clemons answered that it appears it was
installed when the Route 58 project went through about 12-15 years ago and perhaps the Drainage Committee or the Highway Department might have copies of those plans.
Public Hearings (continued)
8:15 PM Request for a Determination of Applicability for the repair of a septic system and the installation of a well at 11 Fallon Point Road, Map 69, Lot 7 for Julia Albrand, Trustee (New Hearing)
John Murray read the Public Hearing Notice and the abutters were verified. Ms. Julia Albrand attended the hearing and submitted a Request for Variance (dated 8/14/12) from the 50’foot No Touch zone to allow the installation of a drinking well 20’ from the edge of the pond. Mr. Murray read the letter (attached) into the record. Ms. Albrand requested a determination tonight as she has purchase and sales agreement and is about to close on 8/24/12. Ms. Guiney pulled out the plan from the file for the Commission to review as well as recent pictures she had taken. Mr. Schellenger asked if the Board of Health had approved the Plan to which Ms. Albrand replied yes. Erosion control in the form of haybales had been proposed.
Motion to approve a Variance to allow drilling of a well: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Motion to approve a Neg. 3 Determination of Applicability: Frank Schellenger
Second: John Murray
Ms. Guiney added that yard waste cannot be dumped onsite and should be disposed of properly.
Vote: 3-0-0
Discussions (continued)
Edgewood Bog Update
Memo to Selectmen regarding notifying the Commission of activities such as the 5K Race–
Schellenger suggested that it be revised to mention that the Commission not only has an interest in the property, but also the Federal Government. Mr. Clemons thought it was a good idea to send it as the Commission will probably have a supervisory role for the Bogs pending receipt of the final plans from USDA. Mr. Clemons will revise the memo for signature and submittal.
Motion to issue the memo regarding the use of Edgewood Bogs subject to the revision as discussed: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Mr. Kemmett asked Mr. Clemons if he had been out to the Bogs since their last visit with the restoration group. Mr. Clemons answered yes and went on to say that the water is moving in a few places. There are still elevation differences in the water at the outlet flumes from the bogs proper into the pond and in the perimeter ditch east of the bogs. The levels are low, but the sense of flow is exactly where they thought it would be. The flume which controls water near the reservoir contained several species of fish. He said that Amanda Freitas, Wetlands Reserve Program Planner for the Massachusetts Association of Conservation Districts, informed him that the Restoration Plan would be finished by late August. Mr. Schellenger asked if the phragmite removal was part of the Restoration Plan to which Mr. Clemons replied that it was a major part of the Plan. Mr. Schellenger added that that would need to be addressed with respect to Camp Kiwanee. Mr. Clemons replied, “Yes,
absolutely. Once we know more as to what the proposed technology is, we can take the appropriate action and work with the Recreation Department on that”.
Mr. Schellenger asked if Mr. Clemons had walked the site where the stream exits Indian Head Pond. Mr. Clemons answered that he hadn’t recently, but other than lack of flow, hadn’t noticed any invasive species in that area.
Mr. Clemons mentioned that Matt Rhodes has been in touch and is interested in getting together with the Commission to discuss naming the property and how he might help us pay for an informational kiosk. It would be in our interest to get together with him within the next month and suggested that Becky follow up when she gets back from vacation. Mr. Clemons stipulated that Mr. Rhodes has naming rights and to provide informational signage as agreed with USDA to be located on the Town owned boat landing. He also had thoughts about helping us to talk to National Grid to get rid of the poles and power lines.
Mr. Schellenger asked if the “No Motorized Vehicle” signs were up. Mr. Clemons answered that four have been posted by the Highway Department and a fifth one should go up but the place to put it was not accessible in the time frame that they were available. He was there a couple of days ago and saw a dirt bike access from Pembroke and make a high speed tour of the perimeter. He suggested that we contact the Pembroke Conservation Agent, Mr. Bob Clark to engage their Commission in this project because they have the same interests.
Mr. Kemmett suggested that the gate be relocated so that the old, illegal boat ramp becomes inaccessible to the public. Also, the Town’s boat ramp has been damaged. Mr. Clemons said may need to be repaired.
Adjournment
Motion to adjourn at 8:45 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
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