HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF FEBRUARY 26, 2013
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
Bob Dillon, Associate Member
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of January 8, 2013: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings
7:00 PM Request for an Amendment to an Order of Conditions for the Woodbine Avenue Water Main Extension from the Pleasant Street intersection to 428 Woodbine Ave. for the Hanson Water Department represented by OSD, LLC, 822 Massachusetts Ave., Lexington, MA (DEP #SE175-628) (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Mr. Sean Osborne, P.E. of OSD, LLC and Neal Merritt, Water Superintendent attended the hearing. Mr. Osborne explained to the Commission that the revised Plan (dated 1/30/13) depicts the installation of the water services to the individual properties that are now being served by private wells. This includes the water main and appurtenances which take into account the bends, valves, hydrant assemblies, water service tubing, meter pits, corporations and curb stops. He added that after the homeowners are connected, they will still have the ability to use their well water for other purposes. Mr. Kemmett asked for comments from abutters. Those present were:
Mr. & Mrs. Robert Burns, Woodbine Ave. Ext. – Mr. Burns asked whether the water main was a single line or looped and if there would be excess pressure. Mr. Merritt answered single lined and there wouldn’t be excess pressure.
Linda Condito, Woodbine Ave. Ext. – no comment
Motion to approve an Amendment to the Order of Conditions: Frank Schellenger
Second: David Harris
Vote: 4-0-0
7:15 PM Continued 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)
Mr. Joseph Webby began the presentation by recalling the discussion during the previous meeting on 12/11/12. In response to issues raised then, the Plan had been revised (dated 2/7/13) to depict the Riverfront Area and a compressed building site entirely outside of the 100’ Inner Riparian Zone and the 50’ No Build Zone. He added that the Notice of Intent had been revised accordingly and the additional fees were paid. Mr. Peter Del Prete agreed to give the Town an easement to maintain the drainage structure on the property as long as he was not responsible for the maintenance itself. Mr. Webby had staked out the house and septic, prepared a Functions and Characteristics Statement and an Alternative Analysis per the Commissions request.
Ms. Muncy had inspected and commented that she had issues with debris on the site. She added that she wished the applicant had done due diligence and cleaned up the site prior to filing.
Mr. Schellenger reiterated his concern that “this lot should not be built and should remain contiguous with the other lot which is being built. One house would be sufficient for the area based on the impact.” Mr. Webby replied in rebuttal that the Rivers Protection Act allowed disturbance and the Commission may grant permission if the alteration is kept to 10% of the total Riverfront Area. Mr. Schellenger said that “this is a particularly sensitive environmental area and having this house built down there next to the Spring Brook is not an environmentally responsible thing to do.” Mr. Webby added that it meets the regulations. No abutters were present.
Motion to deny: John Murray
Second: Frank Schellenger
Vote: 3-1-0 (Dave Harris against)
Discussions
Factory Pond Dam/Hanover Update
Mr. Schellenger reported that a meeting was held on Wednesday, 1/16/13 at the Hanover Town Hall to discuss the Factory Pond Dam; that being that the State has sent an Order to Hanover and Hanson jointly to get the dam re-inspected and make an assessment of what needs to be done. Those in attendance including himself were: Ms. Muncy, Mr. Rene Read, Town Administrator, Mr. Al Hanscom, Engineer for the Town of Hanson, Mr. Troy Clarkson, TA for the Town of Hanover, Mr. Victor Diniak of the Hanover DPW, and Mr. Pat Brennan, P.E. of Amory Engineers, P.C.. Mr. Schellenger said that the basic result of the meeting was that Mr. Brennan was instructed to make the Follow up Inspection to the Phase I Inspection that was conducted on 12/11/11 and report those
findings to the Department of Conservation and Recreation, Office of Dam Safety.
Ms. Muncy mentioned that it had already been done and the Commission was copied on the report. Mr. Schellenger asked that the report be emailed to the members of the Commission. Mr. Schellenger asked when the Phase II Inspection was due. Ms. Muncy answered that she thought it was due in June, 2013. Mr. Schellenger also mentioned that the deadline to submit Articles for May Town Meeting is this Friday, March 1st and suggested that we put a placeholder on the warrant for the Town of Hanson’s share for the cost of the inspections.
Motion to submit a placeholder Article for Town Meeting: David Harris
Second: John Murray
Vote: 4-0-0
Public Hearings (continued)
7:30 PM Notice of Intent for the restoration of a former cranberry bog complex into natural emergent wetlands at 11 Hawks Ave. (Burrage Pond Wildlife Management Area), Map 2, Lot 38 for Jason Zimmer, Commonwealth of Massachusetts – Division of Fisheries and Wildlife (DFW), 195 Bournedale Rd., Buzzards Bay, MA 02532 (DEP #SE175-0629) (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. Clemons recused himself from comment as he is an abutter. Mr. Jason Zimmer, the Southeastern District Supervisor for the DFW began the presentation by saying that 99.5% of the project takes place in Halifax and the only work to be performed in Hanson is the removal of a flume and the repair of a dike. Mr. Kemmett asked that he elaborate on the rest of the project. Mr. Zimmer went on to say that in 2010 they had applied for and received a $75,000 grant for a wetland-focused, habitat restoration and had also raised $50,000 through fund-raising efforts. He added that the goal of the project is to remove, repair or replace the water control structures and remove portions of dikes in the former
cranberry bogs which will facilitate the implementation of a management plan to create emergent wetlands. This is to primarily benefit priority species of birds and reptiles. Mr. Zimmer said that the many of the water control structures for the bogs are old and rusting out, rendering them leaky and making it nearly impossible to manage the water levels. Eleven flumes are to be removed, one of which is in Hanson because the pipe is rusted out. Two small sections of dike are to be removed to increase connectivity of the bogs. Another goal is to create micro-topography (“pit and mound”) establishing a diverseness of habitat features such as small pools of open water, and small upland islands for waterfowl and turtle nesting.
Mr. Zimmer said that all told, they will be able to manage about 245 acres out of the 304 acres of former cranberry bogs as emergent wetlands that will provide habitat for migratory birds and turtles. On an additional note, Natural Heritage and Endangered Species Program determined the project to be exempt from MESA review with the exception of two conditions:
1. The use of heavy equipment must be limited to winter months and that any work utilizing heavy equipment during March 1 – October 31 requires the supervision of a turtle monitor. (Mr. Zimmer said there will be a trained biologist onsite).
2. Any drawdown of water during the spring or winter months must occur slowly (less than 1” per week).
In conclusion, Mr. Zimmer informed the Commission that the Town of Halifax had closed the hearing and approved the project with the two conditions. He suggested that if we approve as well, the Order of Conditions be modeled after theirs. Mr. Kemmett asked if the construction will interfere with the nesting Osprey’s onsite. Mr. Zimmer answered that they will time the work accordingly as to not disturb them. Mr. Dillon asked if the bog located in Hanson was elevated higher than it naturally was at one time. Mr. Zimmer said that it was certainly higher because it slopes down to the original grade. He added that there are “volunteering” Atlantic White Cedars along the back of the bog and in another project that they have in the works, they’d like
to at the very least remove the red maples with the help of a forestry team and remove a dike to encourage new growth of AWC. No other abutters were present.
Motion to approve an Order of Conditions with Conditions: David Harris
Second: John Murray
Vote: 4-0-0
7:45 PM Notice of Intent for the construction of a parking lot, Stormwater drainage and a commercial building with associated septic system, driveway, utilities and grading within 100 feet of a Bordering Vegetated Wetland at Franklin Street, Map 67, Lot 6A-18 for Steven Alexander represented by Webby Engineering Assoc., Inc. (DEP #SE175-06__) (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. Steve Alexander and his son Charlie were in attendance. Mr. Joseph Webby began the presentation by saying the site is currently being used as a nursery. The Bordering Vegetated Wetland (BVW) was delineated by Brad Holmes, PWS of Environmental Consulting and Restoration, LLC on 1/25/13 with associated 50’ and 100’ buffer zones. Mr. Webby submitted a Variance Request to use an area that is presently utilized with permission from the Conservation Commission under a previous Order of Conditions. The applicant would like to use this same area to locate a detention basin and institute a mitigation plan.
Mr. Webby went on to say that the project depicted on a Plan dated 7/16/12 and revised 2/6/13 is to construct a 320’ x 80’ building to store machinery and a parking lot. The septic is located in E. Bridgewater as the town line dissects the property. The Hanson Board of Appeals hired Land Planning, Inc. to review the site and they have submitted a 3-page report. Ms. Muncy said that she received it only this afternoon. Mr. Webby said that the ZBA is continuing their hearing until 3/26/13 for further review of the drainage. Mr. Kemmett asked for comments from abutters. Those present were:
Mr. Dale Southworth, 800 Franklin St. – Mr. Southworth was concerned with runoff. He said that he was required to construct a 4-5 ft. drainage swale along the edge of his property.
Ms. Muncy asked if they had a NPDES Permit to which Mr. Webby replied yes, they were required to get one. Mr. Kemmett asked about the mitigation plan. Mr. Holmes answered that the BVW is contiguous with the abutting property and the majority of the site has already been developed and/or degraded. The mitigation is depicted on the plan in the shaded areas and includes the vegetation of the backside of the basin. The end result will be more of a vegetated buffer zone that what is there now. Mr. Kemmett requested the square footage of disturbance and the amount of mitigation to be depicted on the plan.
Motion to continue the hearing until March 26, 2013 at 7:45 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Discussions
Smitty’s Bogs Update
Mr. Clemons passed out a project update to the Commission dated 2/26/13 (attached). He reported that using the NRCS Survey Plan and locating some of the stone bounds, he and Mr. Harris found that the diamond shaped “Fisherman’s Landing” property is smaller on the ground than previously thought. They determined that it will be suitable for up to only 3 vehicles for boaters but is not going to resemble “the large wide-open space that we and the general public have been illegally using for many years.” NRCS has made it clear that no parking or vehicular trespass is allowed on their easement.
Mr. Clemons said that we may wish to hire a surveyor to mark a couple of corners that they’re uncertain about adding that in order to move forward, it needs to be corrected. He reiterated that the boat launch area must be defined so that we can continue to work with the Highway Department on relocating the gate and maintaining the roadway easement. Mr. Kemmett suggested getting an estimate for the survey work. Mr. Harris commented that it will be a major undertaking to educate the public where they can’t go on the easement leading Mr. Clemons to suggest using boulders or telephone poles as a cheap substitute for guardrails to deter traffic.
After looking at the map, they realized there is a wide place in the town-owned access road that is wide and dry enough to provide for 6-8 cars for walkers or hikers. Also, it would be an excellent place to put an educational kiosk. Mr. Clemons had rough sketched out a draft parking plan.
Moving on, Mr. Kemmett recommended a placeholder Article for Town Meeting for funds for invasive species removal. Mr. Clemons said we’ll have to work with the Recreation Commission as well as contractors simultaneously with the people working at the NRCS end of the phragmites removal. He will try and pick up some information regarding cost from contractors at the MACC conference this weekend.
Mr. Clemons mentioned DER’s feedback was extremely positive and we have their full support as “consultants” for the scientific basis of the final restoration plan.
Conservation Restriction for Whitman Street, Lots 1 & 2 - Signed
Old Business/New Business
Request for Certificate of Compliance for 141 Phillips St., Map 50, Lot 32 for Mark Gianelis (DEP #SE175-0585)
Motion to approve and issue a Certificate of Compliance: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Adjournment
Motion to Adjourn at 8:50 PM: David Harris
Second: John Murray
Vote: 4-0-0
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