HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 11, 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
Phil Clemons, Associate Member
Bob Dillon, Associate Member
Absent: David Harris, Member
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of May 28, 2013: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Public Hearings
7:00 PM Notice of Intent for a proposal to implement the Wetland Restoration Plan of Operations at the “Alton J. Smith Reserve (Smitty’s Bog)” under the Wetlands Reserve Program at the easterly side of Indian Head Street, Map 53, Lot 2, Hanson, MA for the Town of Hanson and John Kemmett, Chairman, Town of Hanson Conservation Commission, 542 Liberty Street, Hanson, MA 02341 (DEP #SE175-0632) (New Hearing)
John Murray read the Public Hearing Notice and the Abutters were verified. Mr. Clemons introduced himself and began by explaining that the Conservation Commission filed a Notice of Intent to have a public hearing because they are held to the same standard as a private citizen if proposing a project adjacent to or within wetlands. Pointing to the large poster of an aerial over-view of the property, he indicated the project area as well as nearby landmarks. The numbers on the Plan, he said, represent the water control structures or flumes. “They and the dikes in between the bogs control the water in a very particular way. They occupy an area that, a hundred years ago, didn’t look like this at all.” He continued by
saying that there used to be normal flow in Indian Head Brook from Maquan Pond down towards Indian Head Pond.
Mr. Clemons gave a Power Point presentation to elucidate the proposed Restoration Plan for the bog. He thoughtfully remarked that the name of the bog was chosen to honor Alton J. Smith, a former member of the Conservation Commission and cranberry grower. Mr. Matt Rhodes, the previous owner of the bogs donated the land to the town in December of 2011. Before donating the land, Mr. Rhodes signed a deed with the Federal Government (USDA) to restrict farming of the bogs in perpetuity under the Wetlands Reserve Program (WRP). It’s an Easement Deed that runs with the property. The only requirement of the Deed is that a plan be drafted for the restoration of the bog by qualified people. Ms. Amanda Freitas, an ecologist with the
Massachusetts Association of Conservation Districts who is responsible for writing most of the plans for these types of projects in Massachusetts, was the author of this Plan. Mr. Clemons
remarked that over the past year, the Conservation Commission has worked not only with the USDA and the Natural Resources Conservation Services (NRCS) in Wareham, but other organizations such as Dept. of Fish and Game Natural Heritage Endangered Species Program (NHESP), the Dept. of Ecological Restoration (DEP) and the North and South Rivers Watershed Association (NSRWA).
Describing the property as unique, Mr. Clemons said it shares a long boundary of a 1000’ or more with Camp Kiwanee. There is good public access from Indian Head Street and the Camp and it has a ½ mile of shoreline along Indian Head Pond. This is the “largest pond entirely within the Town of Hanson and the chance to have a positive impact there is pretty large.” Mr. Clemons commented that “it was one of the biggest reasons the Fed’s were interested in funding this.” The flow of Indian Head Brook is restricted in three or four places. Over time, in a “gradual, organized way”, these will cease to be dammed up. Some of the boards have been removed already and “the fish are starting to
come back.” Along with land in Pembroke, “there is now a 300-acre landscape that is protected in between some of the most significant ponds that we have in Northern Plymouth County.”
Highlighting the tasks in the Wetlands Restoration Plan, Mr. Clemons said that some of the flumes in the water control structures are to be removed as well as two of the dykes to restore the natural flow of water between the bogs. The exposed banks will be stabilized with appropriate plantings. Some structures will remain under the existing roads. Controlling the phragmites, an invasive species and planting Atlantic White Cedars (AWC) in the Northeast part of the bogs are also components of the plan. Mr. Clemons added that there are several “compatible uses” on the Easement which include and allow maintenance of walking trails, mowing the vista areas and installing bluebird houses. Mr. Clemons noted that the 5-year Restoration
Plan is a “funded” mandate although most of the work will probably take place within the first two years.
Mr. Clemons went on to elaborate on some of the other benefits of the Plan: the Nature Conservancy is growing AWC’s in the Town of Freetown right now which they are willing to donate. Part of the funding is the cost of transporting and planting the trees and also to pay for deer fencing to protect them. Additionally, the discharge from the canals and the stream should no longer have any additional phosphorous or other nutrients that would be harmful to Indian Head Pond. The invasive species have spread and have out-competed the cattails that grow there naturally and are much more beneficial to the environment. Because this is not a huge area, even though it will be challenging, the plan is to remove the Phragmites. This was a
Federal decision to so.
Concerning the trails, Mr. Clemons added that The Bay Circuit Trail (BCT) is a 200 mile trail that goes from Kingston Bay all the way up to Plum Island. The Trail actually runs through the property and is marked with small, white blazes. The BCT is a greenway that is a collection of open space and protected areas such as state parks, town forests and land trust possessions. It’s run by the Trustees of Reservations and the Appalachian Mountain Club and it’s recently been upgraded in terms of funding and visibility. “We’ve gotten a couple of grants in the last few years to do maintenance work at no cost to the Town” and Mr. Clemons expects that to continue.
In terms of non-compatible uses, the use of off-road vehicles is not permitted. Mr. Clemons said that we need to keep increasing public pressure to address this and “perhaps, there are a number of things we can do over time. The Deed requires us to not have vehicles on the property except for emergency or authorized maintenance vehicles.”
In conclusion, Mr. Clemons said that one thing that we will retain is the roadway (a 20’ right of way) which the Town has owned since the 1960’s. It essentially runs through the middle of the property about a 1/3 of the way in to the Marcus L. Urann Fisherman’s Landing. Two homes on the shore of Indian Head Pond use the road as well and “that will continue.” The authorized boat launch site will remain while a portion of the roadway beyond that site will no longer be accessible as it’s located on the Easement. Mr. Clemons says that they have every intention of working with the Highway Department to improve the 20’ roadway, although the use of the roadway that is located within the Easement will
also no longer be accessible. Mr. Kemmett asked for questions from abutters. Those present were:
Melissa Sullivan, Indian Head Street – Had concerns with flooding once the flumes are opened. Mr. Clemons answered that by design, 95% of the boards were removed last fall to specifically see how the water behaves. Also, the boards can be put back in and the bogs themselves hold significant amounts of water. Mr. Schellenger added that “All of the Ponds are groundwater controlled so that the level of Indian Head Pond is not terribly affected by what comes out of Maquan Pond.” He added that “you’re not going to see much of any affect by pulling the boards.”
Alan Osgood, Maquan Street – Was of the opinion that allowing the area to go back to nature and the planting of trees will be good for absorption of water, however, he had concern with the boards as well. Mr. Clemons answered that “the boards will remain in the first dyke below the first reservoir only until the phragmites have been removed. Then will not only the boards go away, but also water control structures and a piece of the dyke will be gone.” Mr. Osgood commented that he thinks this will help alleviate the flooding of Indian Head Pond and to have the area go back to its natural state will be a “much better scenario.” Mr. Clemons added that “what’s good, in terms of water levels…this is the headwaters of a very small watershed.
It’s a system that’s very resilient and in its more natural state, we expect it to behave better as far as floods go.”
Jim Record, Katydid Lane – Remarked that he loves the Town and it (Smitty’s Bog) has been like a “private reserve” for him and his family. But he has a personal interest beyond this. He had to re-contour his land because he was flooded out by the United Cape Cod Cranberry Co.. Consequently, when Cumberland Farms bought the bogs, he had extensive litigation with them. The water that pours down Katydid Lane floods his yard. 1/5 of his backyard is underwater and “it’s a problem.” There’s no flow from the street to the bog. Mr. Rhodes used to pump it out and it wasn’t an issue. As far as the project goes, he’s with it 100%.
Steve Soule, Katydid Lane – The outfall pipe from the street stops between their properties. A small gulley in the back of their property is supposed to collect water. There is a pipe there to bring the water into the flow, but it’s not large enough to handle all the water so his backyard stays flooded until the water goes down. Mr. Record added is that the problem is not the bogs so much, but the drainage easement is blocked and the water from Katydid Lane has no place to go. Mr. Clemons commented that during the field visits with the ecologist, they didn’t spend a lot of time there and he suggested checking with her to see if more boards should be pulled that may in fact be blocking water. He suggested a site walk and to give Ms. Nehiley their contact
information.
Louise Scott, Indian Head Street – Suggested that Mr. Alton Smith’s old house that is for sale on Indian Head Street be purchased with CPC funds. She envisioned a “beautiful, education center.”
William Scott, Indian Head Street - He moved to Hanson in the 1950’s and Mr. Smith was a like a second father to him. He said that he would be disappointed to see a viable farm given up. He said it was a great project, but he would rather see the cranberry bogs.
Mary Sullivan, Indian Head Street – Was concerned with flooding.
Motion to grant a variance to work within the 50’ buffer zone: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Motion to approve and issue an Order of Conditions as per the project as described: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Discussions
Request for Proposal for phragmite removal at Smitty’s Bog & Camp Kiwanee
Ms. Muncy offered to prepare a draft RFP as Ms. Marini had provided a template. Also, Mr. Clemons suggested that Joe Grady, Conservation Agent in Duxbury, may have a draft RFP for phragmite removal that may be helpful. Mr. Kemmett commented that Town Counsel will have to look it over before being sent out.
Open Space Committee information on land protection opportunity in the Poor Meadow Corridor
Executive Session
8:10 PM Mr. Kemmett asked for a motion to go into executive session under Massachusetts General Laws, Chapter 39, Section 23B (3) to discuss strategies with respect to pending land acquisition because a public discussion of these strategies will have a detrimental effect on the negotiating position of the Town of Hanson through the Conservation Commission.
A Roll Call vote was taken and each member was in favor.
8:45 PM, the Commission voted unanimously to come back into public session.
Appointments
Appointment with Mr. & Mrs. Harvey of 196 Main Street to discuss clearing of vegetation within Conservation jurisdiction
Ms. Muncy related that the Commission had conducted a site visit on May 30, 2013 with Mrs. Harvey’s consent. Subsequently, a letter was mailed on June 4, 2013 requesting their presence at tonight’s meeting to discuss the property and/or activity. Mr. and Mrs. Harvey did not attend. Ms. Muncy suggested to the Commission that they issue an Enforcement Order with a $300 fine and to include language that if there is no response, to continue with a daily fine of $300. Mr. Schellenger commented that the area is an “environmental disaster.” He suggested that erosion control must be installed immediately and that they hire a wetland scientist to flag the Resource Area and prepare a Restoration Plan to be carried out with a
deadline for completion of six months.
Mr. Dillon posed the question of “how do you get that to stop from happening?” and wondered if education of some sort was the answer. Mr. Kemmett suggested putting a leaflet in the tax bill.
Motion to issue an EO with a $300 fine to be delivered by the constable: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Old Business/New Business
Sheriff’s Dept./Invoices– signed
W.B. Mason/Invoice – signed
Adjournment
Motion to adjourn at 8:50 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
| 
