HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF NOVEMBER 13, 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
David Harris, Member
Phil Clemons, Associate Member
Also Present: Laurie Muncy, Conservation Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of October 16th, 2012: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings
7:00 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)
This hearing was continued from 10/16/12. Mr. Joe Webby made the presentation and reported that since the last meeting, the wetland line was reviewed by Ms. Mary Guiney, former Interim Agent and Scott Goddard, P.W.S. of Goddard Consulting. Mr. Webby was told that the line would stand as depicted on the revised plan dated 11/12/12. Also, the siltation barrier was moved to the 50’ buffer line and the septic installation had begun. Changes to the plan included: The garage was moved outside of the 50’ buffer zone and an 11’ addition was added to connect the garage. A Buffer Zone Enhancement Plan narrative dated 11/13/12 prepared by Scott Goddard was submitted for the replication and restoration of 3,500 sq. ft. of bz that had been disturbed. Mr. Kemmett asked what
guarantee we had that the mitigation would be successful. Mr. Webby answered to add a condition to the Orders.
Motion to approve a variance to implement the restoration plan in the 50’ buffer zone: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Motion to approve and issue an Order of Conditions for the execution of the re-vegetation plan: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance for 428 Woodbine Ave., Map 3, Lot 28B-1 for Robert A. Burns (DEP #SE175-0615)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance for 210 Woodbine Ave, Map 7, Lot 49D for Robert Lalley
(DEP #SE175-318)
Ms. Muncy reported that she made a final inspection for the construction of a single family house where mitigation had been required. Four (4) Spruce trees had been planted and the conservation posts had been installed. However, she observed debris in the resource area and suggested that the owners remove it by hand before the Commission issues a Certificate.
Motion to send a letter to the owner outlining the outstanding issues: David Harris
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance for 36 Industrial Blvd., Map 59, Lot 17-2 for Glenn Valley (DEP #SE175-0494)
Ms. Muncy reported that the Order of Conditions for this project required plantings along the roadway 12’ apart and for an arborvitae shield around the dumpster pad, neither of which had been done.
Motion to send a letter to the owner outlining the remaining issues: David Harris
Second: John Murray
Vote: 4-0-0
Continued Public Hearings
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, represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (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. represented by McKenzie Engineering Group, Inc., 150 Longwater Dr., Suite 101, Norwell, MA (DEP #SE175-0617)
This hearing was continued from 9/25/12. Mr. Brad M. McKenzie, P.E. of McKenzie Engineering, Inc. made the presentation. Also present on behalf of the applicant were Mr. Brad Holmes, P.W.S. for Environmental Consulting and Restoration, LLC and Mr. James O’Brien, Agent. Mr. McKenzie reported that Mr. Holmes had met with Mr. John Delano, the Commission’s representative onsite. Both had agreed with the location of the mitigation areas and Mr. Holmes revised the Mitigation Narrative (dated 10/15/12). Subsequently, they had discussions with Mr. Delano about the extent of the Conservation Easement (CE) and the applicant had agreed to the recommendation by Mr. Delano. Mr. O’Brien had suggested minor changes to the language in the
draft CE document.
Mr. Holmes elaborated on the mitigation plan by stipulating that the 50’ buffer zones (bz) of all the Areas would remain undisturbed, but the 50’ to 100’ bz’s would be inter-planted with native shrubs that would add wildlife habitat value and minimize site disturbance. In addition, Area’s 5, 6 & 7 are dominated by White Pine seedlings that would benefit by selective thinning and nesting boxes of various sizes are proposed to provide habitat for various avian species for Areas 6 & 7. A total amount of 23,020 sq. ft. of mitigation is proposed to enhance the site.
Mr. Delano had sent a letter dated 11/13/12 recommending that the Commission approve the Mitigation Plan as revised and the CE with the exception that the applicant provide an 8” x 11” reduction of the Plan labeled “Exhibit A” to be attached to the document for recording. Mr. McKenzie submitted copies of the Exhibit at the meeting.
Mr. Kemmett asked about the proposed changes to the language in the CE. Mr. O’Brien commented that he prefers that a condition be added to allow a prospective owner to come back and file a Notice of Intent to install a fence subject to review and approval by the Commission. Mr. Kemmett suggested clear and concise language regarding the location of the fence. Mr. O’Brien clarified that they’re not asking for approval now, only for consideration in the future. Also, a condition was suggested that legal fees for the enforcement of the CE be carried by the Town. Mr. Delano, in an email dated 11/13/12 disagreed with this wording and advised that the burden of costs should be borne by the property owner should the owner violate the
terms. Mr. Schellenger suggested striking the language from the document in its entirety and having Town Counsel review the document before approval.
Mr. Schellenger recommended adding a condition for a security bond for the completion of the Mitigation Plan. Also, Mr. Kemmett requested a condition stipulating that all mitigation work be completed before construction begins. Mr. Schellenger was of the opinion that all the mitigation areas would have to be started concurrently with the installation of the culvert and be growing before any holes are dug for the construction of the houses. Mr. O’Brien asked that it be worded more precisely in that in order to have a safe site, a foundation permit and septic permit be allowed, but a building permit withheld until the mitigation is complete. Mr. Schellenger agreed that was a reasonable request.
Mr. Schellenger requested an acknowledgment for LOT 2 that the Wyman’s (abutters) have a Right-of-Way that says where it is. Mr. O’Brien answered that the title is being researched and that it may be severed, but it might be pursued in land court. Mr. McKenzie suggested that the language be added to the CE.
Motion to approve a variance to the Wetlands Protection Act to a permit a Limited Project for LOTS 1 & 2 which is alteration of less than 5,000 sq.ft. of wetland resources including the bank subject to the Replication Plan being substantially completed before a building permit is issued (foundation permit only) and subject to the deposit of a Security Bond: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Motion to approve a variance to the Hanson Wetlands Protection By-Law to permit work in and alteration of the 50’ Buffer Area subject to the execution/recording of a Conservation Easement and subject to the Mitigation Plan which is hereby approved and the deposit of a Security Bond: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Motion to close the hearing on LOTS 1 & 2 and issue an Order of Conditions on each separately subject to Town Counsel review and approval of the Conservation Easement and all conditions previously noted: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Orders of Conditions
Order of Conditions for the installation of a pre-packaged 30,000-gallon capacity propane Aboveground Storage Tank at 1158 Main Street, Map 43, Lot 50 for Larry Lundin, Hanson Fuel Co., Inc. (DEP #SE175-0625) - signed
Order of Conditions for the construction of a stone jetty at Camp Kiwanee, 460 Indian Head Street, Map 54, Lot 9 for the Town of Hanson Recreation Commission (DEP #SE175-0626) – signed
Determination of Applicability
Neg. 3 Determination of Applicability for the installation of a 1500 gallon septic tank, distribution box and leaching bed at 22 Lee Terrace, Map 115, Lot 122 for Chris Coute – signed
Discussions
Capital Improvement Plan of Capital Needs and Requests
Ms. Nehiley reported that the handout was for informational purposes only in that every year the Commission requests that the repair of the Factory Pond Dam is included in the Capital Improvement Plan. Ms. Nehiley informed the Commission that she had recently spoken with Mr. Pat Brennan of Amory Engineers about the engineering services they were providing regarding the inspection of the dam. Mr. Brennan reported that the water level was “flowing too high” for him to observe the cracks and that he would monitor the stream and let us know when he’ll be able to assess the site. Mr. Schellenger asked Becky to check with Mr. Bob Brown, Highway Surveyor about putting the boards in to hold back the water.
1101 Main Street
Mr. Schellenger questioned the purpose of the memo to the Selectmen (Town Administrator) dated 11/8/12 drafted by Ms. Guiney before she took leave. Ms. Nehiley suggested that it was to let everyone know that Conservation is still involved with the project and that we’re aware that the permit is not being adhered to by Mr. Marangiello.
Mr. Kemmett suggested a joint discussion with all the Boards and interested parties involved. Mr. Harris commented that the whole project needs coordination: things that haven’t taken place and are still pending. Primarily, the Order of Conditions requires a pre-construction meeting be held prior to the initiation of any activities. Mr. Harris has gone through all the conditions and the list goes on and on.
Mr. Harris, having been down there on Sunday, observed a new structure made of concrete, PVC piping and rebar. Mr. Harris also commented that the extent of the filling has gone far beyond what was envisioned and there is no way of knowing where the fill is coming from. Mr. Schellenger added that there is no filtration system. Mr. Harris reiterated that there are no weekly reports coming in on the status of the erosion control and there is debris onsite. He suggested that a suitable date be set to meet with Mr. Marangiello and the Commission.
Augur & Shovel
Motion to purchase an auger and a shovel: David Harris
Second: John Kemmett
Vote: 4-0-0
Naming of Edgewood Bogs/DER’s comments
Mr. Clemons recalled Mr. Matt Rhodes communication of his thoughts regarding the naming of the property. In addition, after having some informal discussions with neighbors and property owners near the bogs, Mr. Clemons suggested that the new name should be: Alton J. Smith (“Smitty”) Reserve in honor of the man who was a cranberry grower and an original Hanson Conservation Commissioner who while on the Commission influenced the establishment of the Marcus L. Urann Fisherman’s Landing. He was an avid outdoorsman and a well respected citizen. Mr. Smith was responsible for supervising the bogs directly behind his house on Indian Head Street and to this day, people still refer to them as Smitty’s Bogs. Mr. Clemons added
that he was a “widely respected, nice guy.”
Motion to approve and ask Mr. Rhodes for his approval: David Harris
Second: John Murray
Vote: 4-0-0
Mr. Kemmett mentioned the two large swimming pool liners that were dumped at the bogs recently. Mr. Clemons said that Bob Brown had agreed to get rid of them. He also said that Mr. Brown had to put off the relocation of the gate until early next spring. Mr. Harris commented that he took pictures of the pool liners and that they should be posted on the Facebook page with a comment.
He added that there is a big problem with dog walkers not picking up after their dogs. Mr. Harris said that “it’s a growing problem. It doesn’t take a lot to pollute a body of water.” Mr. Clemons agreed that the bogs have become a magnet for dog walkers and that Burrage Pond has the same issue. He suggested that Hanson follow suit with Duxbury, who has a Town By-law. Mr. Murray said that Hingham has “hundreds of dogs” and they don’t have a problem. He suggested putting bags at the kiosks for waste removal convenience.
Bay Circuit Trail
Mr. Clemons updated the Commission on what has transpired recently. The Hanson Trails Committee was the recipient of a $3,200.00 grant to re-open the old cartpath that connects Hanson to Pembroke at the far end of Edgewood (Smitty’s) Bogs. Because of vehicular trespass, the old trail had a build up of berms and logs to prevent use of the trail for that purpose. Through the funding, he and others removed a ½ dozen trees, removed some stumps, moved boulders and opened it up as part of the BCT. The work was done under the Commission’s Blanket Permit for trail maintenance. Mr. Clemons said that, in addition, a kiosk was being constructed, all at no cost to the Town.
Maintenance of NT Mill/rental fees
Mr. Harris reported to the Commission that, under the principle that there should be a short term and long term maintenance program for the Mill, he had taken the liberty to talk to Mr. Allan Clemons about what needs to be done there. Mr. Clemons offered that the roof looks okay, but the water wheel was a concern. He added that Pembroke had just re-done theirs with aluminum clad wood and he would look into the cost. Mr. Harris said the electrical needs to be addressed and the alarm system isn’t functioning. He concluded that it’s the Conservation Commission’s responsibility and we need to take a look at appropriating money. Phil Clemons agreed that any Town-owned building requires a plan for maintenance and
that “it would be great while you still have access to the people that built it.” He added that it would be wise to have a Plan that prioritized and assigned responsibility.
Mr. Harris suggested that more sensible fees should be charged for rentals if we’re to maintain the building. Mr. Clemons understood that the Friends of the Mill maintained a small account for the building, but that all the rental fees went into the General Fund. He proposed that an article is drafted for inclusion on the warrant for Town Meeting.
Old Business/New Business
ClipperPress/invoice – signed
Mileage Reimbursement – signed
Adjournment
Motion to adjourn at 8:35 PM: Frank Schellenger
Second: David Harris
Vote: 4-0-0
| 
