HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 12, 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
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of February 26, 2013: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Appointments
7:00 PM Appointment with Mr. Tracy White to discuss access to approved house lots off of Lakeside Road - Mr. White did not show up for the meeting.
Determinations/Orders of Conditions
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 (DEP #SE175-628) - signed
Order of Conditions 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, 195 Bournedale Rd., Buzzards Bay, MA 02532 (DEP #SE175-0629) - signed
Order of Conditions (Denial) for the construction of a single family dwelling with associated septic system, driveway, utilities and grading at Lakeside Road, Map 88, Lot 91 for Peter Del Prete, DELCON Enterprises, LLC (DEP #SE175-0627) - signed
Ms. Nehiley had prepared the Order of Conditions for signature. An attachment to the Order was required for which clarification was needed. Mr. Murray was of the opinion that the septic and runoff from fertilizers were in close proximity to the location of the springhead and there was concern for contamination. Mr. Clemons suggested to refer to a couple of the eight interests of the Wetland Protection Act that would be harmed by the project. Mr. Schellenger said that there are detailed comments in the file listing reasons for the not accepting the project, specifically, an adequate Alternative Analysis was not provided. Mr. Kemmett wanted to clarify that the project was denied under the Hanson Wetlands Protection By-Law as well.
Old Business/New Business
Payment in Lieu of Taxes from Pembroke Board of Assessor’s for lot at “Off Mattakesett St., Pembroke, MA contiguous with Hanson’s Map 53, Parcel 2”/Invoice
Mr. Clemons commented that the invoice is for a parcel of land that was purportedly conveyed to Hanson by Edgewood Bogs and it actually located in the Town of Pembroke. Mr. Clemons was of the opinion that this invoice might not be correct because Hanson did not accept the small parcel and it would be in both of the Town’s best interest to get clarification.
Motion to get clarification from the Selectmen: David Harris
Second: John Kemmett
Vote: 4-0-0
Clipper Press/ Invoice – signed
Mileage Reimbursement/Invoice – signed
Discussions
Smitty’s Bogs Update – Wetlands Restoration Plan of Operations for the Town of Hanson
Mr. Clemons updated the Commission to the fact that the Wetlands Restoration Plan of Operations for Smitty’s Bogs was received from Amanda Freitas, Wetlands Reserve Program Planner for the Massachusetts Association of Conservation Districts (MCAD). He had read through the document and thought it was very good. Mr. Clemons said that he wants to clarify some of the wording with Ms. Freitas and send her some feedback via e-mail. He added that we’re still waiting for the Compatible Use Agreements (CPU’s).
Mr. Kemmett asked Mr. Clemons to give a little background information to Boy Scout Jack Tobin and his father, Mr. John Tobin who came to the public meeting tonight to observe. Mr. Clemons gave a brief overview of how the 103 acres were given to the Town of Hanson with an agricultural restriction and a deeded easement for restoration. The purpose of the Restoration Plan is to try and turn it back into a more natural setting: to restore natural stream flow, to plant Atlantic White Cedars and to enhance wildlife habitat all while maintaining existing trails.
Ms. Muncy mentioned that Mr. Read, Town Administrator had requested a dollar amount for the Town Meeting article regarding the phragmite removal. Mr. Clemons said he would get estimates from three different vendors to get a /acre price. Mr. Schellenger commented that there’s no point in taking out invasive species at Smitty’s Bogs unless they’re removed on the Camp Kiwanee side and that Recreation would have to co-sponsor the article.
Motion to send Mr. Clemons to a Recreation Meeting to invite the RecCom to partake in a joint environmental venture to co-sponsor an article to remove phragmites and to suggest to Mr. Read a tentative amount of $12,000.00: David Harris
Second: Frank Schellenger
Vote: 3-1-0 (John Kemmett against)
Poor Meadow Brook Open Space Corridor
Mr. Clemons wanted to discuss several things about the Poor Meadow Brook corridor. Other than the Great Cedar Swamp, the land locked Poor Meadow Brook corridor represents one of the largest, undeveloped open space areas in town. He asked the Commission to recall that a Mr. Harris Stone in past years was interested in selling or conveying some parcels of land along the corridor to the Town. He owns between 115 to 120 acres divided into 6 parcels. Mr. Stone has been working with the Wildland’s Trust and through them, he approached the Community Preservation Committee, but their feedback to him and the Trust was that it wasn’t a well-developed plan.
To that end, through the Open Space Committee, Mr. Clemons has been listening to and informally counseling Mr. Stone, and working with representatives from the Trust and the Department of Fish and Game to see if there can be a “feasible, actually well developed, sensible strategy for protecting and/or conveying to the Town, what essentially would be all the remaining undeveloped land between West Washington Street and the railroad tracks.” The Town owns 142 acres to the west of the RR tracks. Mr. Clemons was of the opinion that it would be of interest to the Commission under its Open Space Plan, to be aware that this is going on and future discussion of any details might require an Executive Session. The Open Space Committee will be
discussing this in the near future as well as a matter of high interest. Mr. Clemons mentioned that it’s all upstream from the Town’s well fields. Mr. Schellenger asked if it was all wetlands. Mr. Clemons answered “Probably 90%. It’s riverfront, most of it. It’s wet, most of it.”
Mr. Clemons continued. Further downstream from this and the Town’s well field, there is a parcel of land, Map 37, Lot 2, which is 1.63 acres located on east side of Poor Meadow Brook. There are two lots within the approved subdivision plan (Brookside Estates) one of which fronts Main Street and one that touches this other lot that has access to the river. It would be of interest to the Commission to try, with help from partners, to protect those parcels. It would do several things: It would prevent the 1.63 acres from getting landlocked behind residential lots, it would provide public access to the river for a canoe launch and fishing and it would be a resource to the neighborhood to be able to access the river and Conservation land.
Mr. Clemons added that there might also be money available from the State Public Access Board.
Mr. Harris said in the Planning Board records, there was an attempt made to have access to Poor Meadow Brook and it “went nowhere” as the owner at the time wasn’t interested. Mr. Clemons said that the Division of Fish and Game actually did get positive feedback from the owner regarding the parcel closest to the street. The problem with that, he said, is that you couldn’t gain access from the street because of a big drop next to the guardrail. Mr. Clemons said to expect the Open Space Committee to come to the Commission with a month or two with a more concrete idea of what to propose there, adding that wherever there is a “sizable stream crossing the road, that’s something we should be paying a lot of attention to. If we didn’t do anything, it would be regrettable. We should at least try.”
Massachusetts Trails Conference
Mr. Clemons reported that the Massachusetts Trails Conference was just announced today and it’s coming up on May 4th, 2013. Since he’s on the Trail Committee, he’s planning on going and invited anyone who is interested to join him.
Motion to pay the registration and mileage fees: David Harris
Second: John Kemmett
Vote: 4-0-0
Factory Pond software
Ms. Muncy reported that we had acquired access to dam analysis software from Homeland Security and she was going to begin assigning user accounts tomorrow. A training webinar is potentially scheduled for April 16th. The date will be finalized after everyone that is interested in participating has been contacted.
Right to Farm By-Law
Mr. Clemons commented that he went to an Agricultural Commission meeting recently at which they were discussing the prospective local Right to Farm By-Law adding that there are approximately 124 communities in MA that have them. “It doesn’t allow anything else,” he continued, “that’s not already allowed by State law and does not allow filling or damage to wetlands without the proper permits.” Mr. Clemons said that “it may not be all that tangible, but the Agricultural Commission and the Right to Farm By-law would also be speaking about the some of same goals to retain Open Space and the character of the community.”
Adjournment
Motion to adjourn at 8:00 PM: David Harris
Second: John Murray
Vote: 4-0-0
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