HANSON CONERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF DECEMBER 11, 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, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of November 13th, 2012: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Motion to approve minutes of November 27th, 2012: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Public Hearings
7:00 PM Notice of Intent for the construction of a single family dwelling with associated septic system, driveway, utilities and grading within 100 feet of a Bordering Vegetated Wetland at Lakeside Road, Map 88, Lot 91 for Peter Del Prete, DELCON Enterprises, LLC represented by Webby Engineering Associates, Inc., 180 County Rd., Plympton, MA (DEP #SE175-0627) (New Hearing)
David Harris read the Public Hearing Notice and the abutters were verified. Mr. Joseph Webby made the presentation for a single family dwelling with associated grading on the adjacent retreat lot. Dr. Walter Hewitson had delineated the wetlands on 10/16/12 and all the work is proposed outside of the 50’ no disturb zone. Spring Brook is depicted on the Plan (dated 11/5/12) as a natural spring that flows out to Oldham Pond. Mr. Webby added that the DEP has said that it’s probably a river and if that’s the case the banks should be delineated with associated 100’ and 200’ riparian zones and an Alternative Analysis prepared. He submitted three pictures of the spring and suggested that it was up to the Commission as to the designation. Mr.
Harris read the abutters list. Those present were:
Mr. Sal Garafalo of Lakeside Road asked about the adjacent retreat lot. Mr. Webby explained that it’s a potential lot in the back that had already been permitted. Mr. Garafalo also commented that the lot was very low lying in relation to the street.
Mr. Stephen Cloughtman of Cross Street was concerned about the close proximity of the project to the wetlands. His new septic system had failed and was since repaired, but commented that if it could happen to him, there’s a possibility it could happen to someone else.
Mr. Schellenger was of the opinion that the spring is a perennial river and as such would be covered under the Rivers Protection Act adding the project requires an Alternative Analysis. He commented that he’s on the Oldham Pond Committee and that the Pond is impaired because of nutrients such as phosphorous that enter from sources such as Spring Brook. Mr. Schellenger remarked that “we should try and do everything we can to minimize additions to that pollution.” He asked if the Septic System was enhanced to take out more of the nutrient load. Mr. Webby answered that the system could “reduce the nitrogen, but not phosphorous.” Mr. Schellenger said that he should “seriously be concerned about the health of
the Pond” and to consider that in the Alternative Analysis and also pass his comments along to the Board of Health. Mr. Kemmett asked that the driveway be moved out of the 100’ buffer zone altogether.
Ms. Muncy was asked to comment. She suggested that the retreat lot is under common ownership now, but may not be in the future. Therefore, the grading on that lot requires an easement. Ms. Muncy also asked for a construction sequence on the plan and a revised Notice of Intent and Plan to reference the 100’ and 200’ riparian zones. Ms. Nehiley mentioned that the fees would go up accordingly. Mr. Schellenger commented that that part of Lakeside Road is a town road and the drainage runs into the headwall. He was curious to know if it’s close enough to the building to be concerned about and if so, an easement for maintenance should be considered. Mr. Webby was of the opinion that the Town has direct discharge from the street
going into the spring that is “100 times more” damaging than a septic system. Mr. Schellenger suggested that the “Town take responsibility for storm drainage” adding that the “law has been in effect since 2001. To date, the Town has spent over $300,000 on storm water management compliance and to my knowledge has nothing to show for it.”
Ms. Muncy asked that the location of the structure and septic system are staked out. Mr. Webby agreed and said he would call her when it was done.
Motion to continue to January 22nd at 7:00 PM: David Harris
Second: John Murray
Vote: 4-0-0
Request for Certificate of Compliance
Request for Certificate of Compliance for 205 Andrew Lane, Map 80, Lot 159 for Robert E. Smith (DEP #SE175-0618) Ms. Muncy reported that she had inspected and the required restoration was completed in accordance with the plan and she was impressed with the work. The wildflower seed mix was planted but hadn’t taken yet and she will re-inspect in the spring. She recommended approval.
Motion to approve and issue a Certificate of Compliance: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Order of Conditions
Order of Conditions for the installation of 875 linear feet of water main in Woodbine Ave. from Pleasant St. intersection to 428 Woodbine Ave. (Woodbine Ave. Right of Way, Map 3, Lot 2) for Neal Merritt, Hanson Water Department (DEP #SE175-0628) - signed
Conservation Restriction (CR) for Whitman Street, Map 109, Lot 4
Ms. Muncy informed the Commission that Kopelman & Paige, P.C., Town Counsel had been working on the language of the Restriction concerning the difference of a 30 year CR versus one that existed in perpetuity. Apparently, a perpetual CR has to have review and approval by the Department of Conservation and Recreation. Mr. Schellenger pointed out that there was a possibility that DCR might not approve it at all if it feels the restriction does not provide sufficient public benefit. Ms. Muncy asked if the Commission wanted to reconsider the perpetual restriction so that the appropriate edits can be made to the document. Mr. Harris was of the opinion that 30 years was fine as the Town might have sewerage by then and also, the wetlands would have to be re-delineated at that point
anyway.
Mr. Schellenger remarked that we should have a list of properties that have restrictions or perpetual conditions that should be looked at regularly, at least once a year, for continued compliance.
Motion to approve a 30 year Conservation Restriction: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Order of Conditions for the construction of a driveway, single family home, intermittent stream crossing and utility service connections at Whitman Street, Map 109, Lot 4 (builders Lot 1) for Thomas Hastings of Thomas J. Hastings Co., LLC (DEP #SE175-0616)
Order of Conditions for the construction of a driveway, single family home, intermittent stream crossing and utility service connections at Whitman Street, Map 109, Lot 4 (Builders Lot 2) for Thomas Hastings of Thomas J. Hastings Co., Inc. (DEP #SE175-0617)
Ms. Nehiley discussed certain conditions that Jim O’Brien, the applicant’s agent had taken issue with. Specifically, Special Condition #45 that requires weekly inspections. Mr. O’Brien wanted to modify it to read “monthly” inspections to avoid additional costs. Mr. Clemons, who has worked in this field for the private sector, commented that he was required to do daily inspections at the time and if the site was not looked at weekly for erosion control, “it wasn’t being looked at often enough.” The Commission agreed.
Ms. Muncy said that Mr. O’Brien questioned the amount of surety that the Commission required and also if the Commission would consider releasing 75% of the surety bond after the mitigation areas were complete and prior to the expiration of the three year growing season. Mr. Schellenger said he can “come in when it’s done and ask the Commission. It’s standard practice.”
Mr. O’Brien also wanted to delete Condition #61 which restricted potential future projects at the site to be considered Limited Projects. Mr. Schellenger said that there’s “absolutely no way this Board, as constituted, is going to approve any additional crossing.”
Old Business/New Business
Knox Lock/Invoice – signed
Birchbark Drive Conservation Restriction follow-up paperwork from the State – signed
Request for Certificate of Compliance for 88 Reed St., Map 33, Lot 14-3 for Chris Ebert (DEP #SE175-0518)
Ms. Muncy reported that she revised Mr. Ebert’s required Conservation Restriction from a perpetual to a 30 year so as to avoid DCR approval. Mr. Ebert is under serious time constraints for a Certificate of Compliance so Ms. Muncy prepared the CR for recording.
Motion to approve and issue a 30-year Conservation Restriction and a Certificate of Compliance: David Harris
Second: John Murray
Vote: 4-0-0
Discussions
84 Adams Circle
Ms. Nehiley reported that in response to a Blanket Permit application for a septic system, Ms. Muncy had made an inspection on 11/20/12. During the inspection, Ms. Muncy observed several piles of debris in the backyard that were within jurisdiction. A letter was sent out to the owner requesting that the debris be removed and disposed of in an approved location. The Blanket Permit has not been issued and the Board of Health was notified.
1101 Main Street
Ms. Muncy had prepared notes relative to the site, incorporating Dave’s comments from last January and adding her own thoughts after going through the extensive file. Mr. Schellenger commented that the pre-construction meeting is moot because construction has already started. Also, some of the other things reflect non-compliance with the Order of Conditions and those things should be identified and put in front of Mr. Marangiello as an Enforcement Order with fines. Mr. Kemmett suggested “to tread carefully because there’s always a possibility of litigation.”
Ms. Muncy was of the opinion that when the erosion control was installed, Mr. Marangiello should have immediately removed the trash and debris in the resource area. She’s been onsite three times and has not seen any trash removed. Mr. Harris commented that the barrier “is so degraded, that it’s not going to be there much longer.” He also added, that “we were remiss in not getting security in the beginning.” The other issue, Mr. Harris said, is the Stormwater Management which is “beyond comprehension.” Mr. Schellenger said that he “cannot emphasize enough the failure of the Town to step up on the Stormwater Management knowing that the water goes into that building from the street and not
doing anything about it. It’s absolutely unconscionable.” He suggested that the DEP should be involved. Mr. Harris asked “Have they really located the source?” Mr. Schellenger answered that “That’s required by law that you know where your Stormwater goes. That’s the NPDES law. You have to establish that as part of your MS4 and it has to mapped. That has not been done. It’s been twelve years since that law came out.”
Ms. Muncy reminded the Commission of a meeting tomorrow night in Pembroke to discuss Stormwater Management with Christine Odiaga, Circuit Rider for DEP. Mr. Clemons commented that “as Frank has indicated, this has already been with us for half a generation, and it’s not a small thing. It’s a large thing. It’s DEP’s largest water pollution concern nationwide and nationwide is always local, like all things. Local needs to face up to this, whatever it takes, it should start.” Mr. Schellenger said that “this project depends on solving that question.” Ms. Muncy remarked that the State is also discharging water from Route 27 adding that “they who are enforcing all this, also need
to be called to the table as a contributory factor.” Mr. Clemons said there has to be an “accurate watershed map” for the “sources, catch basins and underground parts of the systems and the outflows of all these things.” Mr. Kemmett surmised that it’s all speculation as there’s never been an engineering study. Ms. Muncy said that Mr. Steve Wry who represents Mr. Marangiello had indicated to her at the inspection in November that he had done some engineering work on the drainage, but he hasn’t got anything back to her.
Mr. Schellenger suggested to Ms. Muncy to draft an Enforcement Order for the Commission as preparation for discussion with Mr. Marangiello at a forthcoming meeting. Ms. Muncy added that some of the items that are outlined in her notes “address the last Order that was issued regarding the dewatering system and, since that time, he has made substantial changes to the game plan.” She wondered why he had not come in for an Amendment to the Order because what she is looking at in the field is completely different from what was authorized by the Commission. Mr. Schellenger commented that that the dewatering was authorized by the Environmental Protection Agency for the filtration and they should be involved. Ms. Muncy said that the Commission had required a dewatering
plant onsite and then during inspections and conversations that she wasn’t privy to, it changed to a cell/berm format of transferring water. In effect, he’s doing activities without an Order that aren’t permitted. Mr. Kemmett says he remembers discussing that and it might be in the minutes from a previous meeting, but that it was for only one cell.
The Commission decided to schedule a site next week on Tuesday, December 18th at 3 PM. Ms. Nehiley will contact Mr. Marangiello to let him know and post the meeting.
Adjournment
Motion to adjourn at 8:20 PM: David Harris
Second: John Murray
Vote: 4-0-0
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