HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MAY 28, 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 May 14th, 2013: David Harris
Second: John Murray
Vote: 4-0-0
Appointments
7:00 PM Appointment with Jennifer Harvey of 196 Main Street
Ms. Muncy reported that she had received an anonymous complaint regarding un-permitted activity at the above mentioned property. During an inspection, she took photos from the abutting property of mounds of fill that appeared to be within jurisdiction. Activity of this kind (filling, dredging or altering) is not allowed within 100 ‘ of a water body under the Wetlands Protection Act, therefore, Mrs. Harvey was sent two violation letters, one of which was delivered by the Constable. Ms. Muncy said that Mrs. Harvey would have to hire a botanist or a surveyor and submit a plan to Conservation.
Mrs. Harvey explained that when she bought the house, she wasn’t told about these restrictions. Also, she did not cut any trees down, just some “vines, thorns and brush.” Mr. Schellenger commented that she needs to be aware that a Town By-Law as well as the State Wetland’s Protection Act are both applicable and are administered by the Commission. He added that, “It’s the law” and that “you can’t do work within 100’ of a lake unless you come and explain what you’re doing and how you’re going to protect the Resource Area.” Mr. Kemmett added that the intent is to “protect the pond” suggesting that Mrs. Harvey work with the Commission to achieve that goal.
He recommended approaching the matter initially with a site visit. It was scheduled for this Thursday, 5/30 at 3 PM.
7:15 PM Appointment with Keith Gaizaille, Senior Biologist of Aquatic Control Technology to update the Commission as to the invasive plant management control in Oldham Pond (DEP #SE175-0571)
Mr. Gaizaille updated the Commission as to the algae treatment of Oldham Pond. He said that the Management Plan has gone through some modifications throughout the course of the process. Initially the Pond was treated in 2011 with Phycomycin and had been “marginally successful.” There was still a swimming restriction associated with the blue/green algae growth.
During the sampling done during that time frame, they noticed high levels of phosphorous, which is one of the primary nutrients for microscopic algae growth in freshwater systems. Mr. Gaizaille said that they anticipated by reducing those levels, they might be able to buy some time to go forward with the Phycomycin by pre-treating the Pond with an early season low-dose application of Alum. The Natural Heritage of Endangered Species Program (NHESP) gave them permission to do this in Spring/2012. It was conducted in the first week of June last year.
Mr. Gaizaille explained that the way Alum works is that it’s a coagulant that binds with particulate matter, in this case, phosphorous and algae within the water column. They saw an immediate improvement. Sampling post treatment showed a 50% reduction in the amount of available phosphorous. As a result, even that small reduction was enough to prevent significant algae blooms for the remainder of the season. He said that because last year was so successful, they would follow up this year with the early season Alum treatment and apply a second low-dose treatment probably 6 -8 weeks after the initial treatment to capture the phosphorous released from the sediment and hopefully prevent a late season bloom.
Mr. Schellenger said that the outstanding Order of Conditions provided for the work in 2012 and not after, other than to do the mussel survey to see how they survived the Alum treatment. Mr. Gaizaille mentioned that was just conducted last week and an interim survey was done last year and it was the opinion of the mussel biologist that there was no impact to the population as a result of the treatment.
Mr. Schellenger said that his concern was not that they were going to be doing the work in 2013, but that the Commission hadn’t gotten any reports of the chemical analysis and the survey data, all of which should be in the file. Mr. Gaizaille apologized, saying that it was his entirely his oversight and he would provide the data. He also submitted the 2012 End of Year Report and all of the correspondence from NHESP.
Motion to approve a Minor Correction to the OOC: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Mr. Schellenger mentioned that Monponsett Pond has an open Order of Conditions for a similar treatment plan. Although Halifax has the lead in the project, Mr. Schellenger asked Ms. Nehiley to contact Lycott Environmental to have them update us in the same way.
Within the context of this discussion, Mr. Kemmett inquired about what role Conservation plays in the new Stormwater Management By-Law that was adopted at May Town Meeting. Ms. Muncy replied that even though Planning is the approving body, if a development is within jurisdiction or even it’s not, Conservation certainly will be notified prior to the public hearing and will be given an opportunity to comment and make recommendations. Ms Muncy said that the Town hired an engineer, Mr. Carter Fahy, who is working on the implementation of the Plan and is studying existing drainage structures. Ms. Muncy said if the Commission had questions or concerns, she could invite him to a future meeting to explain what he’s doing and what kind of reporting he’s responsible
for. Mr. Kemmett also asked about the status of the Drainage Committee and if the Conservation Commission had been asked to represent. Mr. Harris was not sure if it had been this year.
Discussions
Smitty’s Bog
Mr. Clemons updated the Commission on two items: He is preparing material for the presentation of the Notice of Intent for the restoration project and asked Becky to look into the
option of borrowing a projector from the Middle School. The public hearing is scheduled for June 11, 2013. Secondly, a Request for Proposal must be prepared for the phragmite control because the issue is time sensitive. Ms. Nehiley obtained a sample RFP from Ms. Scozzari.
Nathaniel Thomas Mill/Electrical
Mr. Kemmett said that he’d call the wiring inspector tomorrow to schedule an inspection of the Mill. Mr. Schellenger mentioned that the grass had been mowed again before Memorial Day. Mr. Clemons suggested that because the Mill is such a visible building in Town, the Mill Committee, before certain holidays, be allowed to purchase red, white and blue bunting to dress it up. To that end, Mr. Kemmett suggested that Conservation sponsor an Article for the next Town Meeting to establish a Revolving Fund with the use of rental fees. Mr. Clemons agreed that it would be helpful for the Mill Committee to understand what monies are available.
Motion to submit an Article for Town Meeting to establish a Revolving Account for the Thomas Mill Committee: David Harris
Second: John Murray
Vote: 4-0-0
General properties
Mr. Harris commented that our general properties “seem to be forgotten.” He suggested that we need a plan for each property that we own acknowledging that we’ve posted some signs, but we need to go further. Mr. Murray added that “outside of this room, I don’t think anyone in town knows about the properties.”
Mr. Kemmett recommended having joint meetings with the Open Space Committee on managing some of these properties and making use of the conservation fund. Mr. Clemons clarified that the OSC doesn’t actively manage conservation properties; they more or less primarily plan and bring things into fruition. He agreed that developing a strategy for management will hopefully lead to actual stewardship. Mr. Harris said there were three properties we should be focusing on and those are the Plymouth County Hospital site, the Smith-Nawalzelski property and the Town Forest.
In that vein, Mr. Kemmett mentioned that the Parks and Fields Commission wants to expand the Boteiri Field parking lot and has asked for CPC to help. He was of the opinion that as part of the upgrade, better access to the Town Forest and trails might be created. Mr. Clemons pointed out that the reason for getting the Town Forest survey done was to prevent this type of further encroachment. Mr. Kemmett suggested we at least open up a dialogue with others so the Commission has input and maybe to package all of the ideas into one proposal for CPC.
Mr. Clemons nominated a parcel to be looked at more closely and that is the town-owned 5 acre parcel at the end of Crooker Place. He suggested that it would be very appropriate to have this land turned over to the care and custody of the Conservation Commission because it’s required for the Bay Circuit Trail to go through Burrage Pond and right now, it’s in limbo. Mr. Clemons added that a large part of this parcel is in the buffer zone of the Great Cedar Swamp and it also has a certified vernal pool on it. He recommended a town meeting article right alongside the Bonney Hill Fields and they can both be voted and approved of at the same time.
Reorganization
Motion to keep everyone as is in the same capacity: David Harris
Second: John Murray
Vote: 4-0-0
Mr. Harris made note of the fact that the Commission is still down one member.
Old Business/New Business
284 Monponsett Street – unauthorized land clearing
Ms. Muncy notified the Commission that the previous owner of the above-mentioned address had acquired a Certificate of Compliance for the construction of his house. The proposed driveway, which was never put in, would require a new Notice of Intent because the initial project had been closed out. The new owner came into the office a few weeks ago and spoke with Ms. Nehiley about it. She had advised him of the procedure for filing a NOI.
Ms. Muncy said that over Memorial Day weekend, someone had called to report that land was being cleared with heavy equipment. She had made a site inspection in response to the complaint and was of the opinion that the disturbance was within jurisdiction and definitely an enforcement issue. She had taken photos of the cleared area and the heavy equipment that had been used.
Motion to issue an Enforcement Order and a $300.00 fine: Frank Schellenger
Second: David Harris
Vote: 4-0-0
Adjournment
Motion to adjourn at 9:00 PM: David Harris
Second: John Murray
Vote: 4-0-0
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