HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JULY 9, 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
Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Absent: David Harris, Member
Also Present: Donald Howard, Board of Selectmen
Patricia Glenn, Planning Board
Joseph Gamache, Planning Board
Joseph Weeks, Planning Board
Appointments
7:00 PM Appointment with Mr. C. Carter Fahy, P.E., LSP of Environmental Partners Group for a discussion and update of Stormwater Management (MS4) in Hanson.
Mr. Fahy introduced himself as being hired a couple of years ago to assist the Town of Hanson to comply with the Environmental Protection Agency (EPA) Stormwater General Permit, also known as MS4. Mr. Fahy suggested taking attendance because one of the things that the EPA looks for is documentation of training of Town employees.
He began by giving a brief history of the EPA and its regulatory background, specifically the Federal Clean Water Act, a mandate enacted in 1972 and the Federal Clean Water Act Amendments passed in 1987. The focus of the Amendment’s was storm water management and constructions sites in particular. The EPA took the Amendments and introduced the Phase I Stormwater regulations in 1990 which dealt with large communities with populations of over 100,000. In 2003, the Phase II Stormwater regulations related to smaller municipal sewer systems known as “small MS4’s.” Hanson is one of 237 Massachusetts towns on the EPA’s list which were given a 5-year permit in 2003 because it has a high population density (more than a 1,000 people/sq.mi.). The EPA’s center of attention will be on the more urbanized areas of Hanson.
Mr. Fahy said that the way it works is rather than each town applying for it’s own permit, the EPA publishes a General Permit and says “this is what we expect.” Subsequently, the individual towns submit a Notice of Intent elaborating how they’re going to comply. The EPA publishes the NOI on their website to solicit any public comment. If no negative comments are received, “you’re authorized to discharge storm water through your storm water system.” If the EPA gets a negative comment, then they would issue an individual permit to the Town. Mr. Kemmett asked who the responsible party was for submitting the NOI. Mr. Fahy answered that it varies by Town. The Stormwater Program can be
led by different entities, such as the Town Administrator, the Highway Department or the Conservation Commission. The Town By-Law specifies that Planning and Conservation are responsible for implementing the Plan.
Mr. Fahy continued. In 2008, EPA was supposed to reissue the General Permit after it expired, but they didn’t get around to it. A draft was issued in 2010 with a host of new requirements, but they got so many comments, it was put on hold. Right now, it’s a waiting game. According to the EPA website, the MA General Permit will be reissued in 2013. Mr. Fahy said he would describe the process applicable to the 2010 General Permit on the assumption that it won’t be revised too much:
The 2013 MS4 Permit will have six (6) minimum control measures to manage storm water to assure compliance. The first is Public Education and Outreach. Mr. Fahy says you have to reach residents, businesses, developers and industrial manufacturers with two educational messages to each group over five years. EPA also wants to know how you’re going to get the public involved as an interactive member. He said that specifically, watershed groups such as Samantha Woods and Debbie Cook of the NSRWA have been good partners by sponsoring educational programs in the schools. Mr. Fahey stressed the importance of documenting everything that has been accomplished in the files and the Annual Report.
The third and most difficult measure is to map the entire MS4 system of the Town which includes locating all the catch basins, outfalls and treatment structures. Mr. Fahy said that Hanson is already well ahead of most towns in this respect as Mr. Dick Harris, former Highway Supervisor had already undertaken this task. The point is to identify illicit discharge going into the storm drains and to prevent pollutants from getting into Hanson’s water bodies. A certain number of water samples must be taken every year. The Highway Department will be responsible for the monitoring and it must be completed within 3 years.
The fourth measure is to oversee runoff from Construction Sites. The Planning and Conservation Departments are already doing more than what EPA requires. The Hanson By-Law was created for construction sites outside the purview of the Planning Board that don’t require a Special Permit. The EPA will be looking for documentation of inspection reports and examples of remediation.
The fifth measure requires a long-term Operation and Management Plan of post construction storm water controls or Best Management Practices. Mr. Fahy suggested that developers be required to establish escrow accounts for future maintenance of drainage structures. Mr. Schellenger commented that “that is not a possible scenario. Developer’s are not going to have long-term involvement.” Mr. Fahy answered “you’re right, it’s not in favor of development, but it’s in the By-Law.” He added that the EPA wants the town to report on an annual basis an estimate of a decrease in impervious pavement. The idea is to not only decrease the quantity, but the velocity (or sheet flow) of Stormwater that picks up
suspended solids that is then washed into wetlands. Mr. Fahy said that the EPA is creating maps of the amount of paved areas in each town. “Anytime you see more than 10 or 12 percent of surface area that is paved, that’s when you see the quality of the surface water bodies go down.” Ms. Glenn asked where Hanson was at. Mr. Fahy did not have that information with him but he said it was less than 20 percent. Mr. Fahy also suggested that the Town lead by example and take inventory of their own facilities such as the Town Hall, the Library, etc. to see how Stormwater Management can be improved.
Finally, the Town should, on their own, mandate street sweeping, cleaning of catch basins, and taking inventory of floor drains in town-owned facilities (Highway garage). A draft plan has been provided for Mr. Bob Brown, Highway Surveyor, and will be implemented next week. Mr. Fahy provided to the Commission copies of the Town of Hanson Illicit Discharge Detection and Elimination Plan (dated February 2013), the Town of Hanson MS4 Maintenance and Operations Manual (dated May 2013), the Town of Hanson MA Catch Basin and Best Management Practices Operation and Maintenance Inspection Mapbook (dated May 2013) and the Town of Hanson, MA Drainage System Mapping book (dated February 2013). He commended Hanson for being at the forefront of Stormwater Management.
Minutes
Motion to approve minutes of June 11, 2013: Frank Schellenger
Second: John Murray Vote: 3-0-0
Motion to approve but not release Executive Session minutes of June 11, 2013:
Frank Schellenger
Second: John Murray Vote: 3-0-0
Motion to approve minutes of June 24, 2013: Frank Schellenger
Second: John Murray Vote: 3-0-0
7:30 PM Appointment with Mr. Peter Huska to discuss a sunroom that he would like to add onto his house and the procedure for doing so.
Mr. Huska explained to the Commission that he lives on Buttercup Lane and wants to construct a sunroom onto an existing deck. A building permit application facilitated a conversation with Conservation. Ms. Muncy informed him that he would have to file a Notice of Intent because the construction would be within 50 feet of a Bordering Vegetated Wetland according to the plan on file for Stonebridge Commons. Mr. Huska talked to others and was told that he could file a Blanket Permit. Also, he found some flagging and measured 80’ from it’s closest point to the deck. Mr. Clemons asked when the wetland was flagged because a delineation is valid for 3 years under state law. Mr. Kemmett suggested to Mr. Huska to hire a
botanist to flag the resource area so that it can be determined whether or not he’s within jurisdiction and then we can let him know where he stands.
7:45 PM Appointment with Hanson Little League to discuss parking at Boteiri Baseball Field
Mr. Rob O’Brien and Mr. Don Ford representing the HLL explained that they were submitting an application to Community Preservation Committee (CPC) for funds to do renovations at Boteiri Fields. Mr. Bill Clay, who is on the CPC, asked if there was any opportunity for creating another access to the Town Forest by way of the parking lot. Mr. O’Brien said they were looking for ideas and input from the Commission as this is not their area of expertise.
Mr. Clemons stated that he represents the Town Forest Committee as well as Conservation as an Associate Member. He said that the Town Forest Committee is also looking for CPC funds to do a survey of the Town Forest because the property where the ballfields are has no boundary, adding that the skateboard park and about 2/3 of the ball fields are all on Town Forest land. What would make sense eventually, Mr. Clemons said, is to turn the Town Forest over to the Conservation Commission who will only accept it if it has a known boundary. He suggested it would be in the best interest of all parties to combine interests in a CPC application. A meeting time was scheduled for Saturday morning at the
Fire Station for members of Hanson Little League and the Town Forest Committee to hash out the details of a joint application to CPC. Mr. Clemons will post the meeting.
Discussions
Request for a Certificate of Compliance for 79 Mayflower Road, Map 96, Lot 8-24 for John & Michelle Doucette (DEP #SE175-0555)
Ms. Muncy made an inspection and said that the owners did everything that was required in the Order of Conditions for mitigation including installing bird and bat houses. The Conservation posts were in place as well. Ms. Muncy recommended approval.
Motion to approve and issue a Certificate of Compliance: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Request for a Minor Correction to an Order of Conditions for 402 Spring Street, Map 109, Lot 18 for Matt Duggan (DEP #SE175-0620)
Mr. Webby had updated the approved plan to depict the new location of the garage and shed. The erosion control had been relocated.
Motion to approve a Minor Correction to the Order of Conditions: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Open Space Update
Mr. Clemons updated the Commission as to recent happenings. The Request for Proposal is about to go public for phragmite control at Smitty’s Bogs. It is to be sent to six (6) contractors and published in the Patriot Ledger within a week.
The second main effort is the State grant application for the Poor Meadow Brook Corridor property. Mr. Scott McFaden, Director of Land Protection for the Wildlands Trust has been doing a lot of the work and feels that we have a very good chance of getting the grant. Mr. Clemons is simultaneously preparing the CPC application. Both have to be approved for the project to come to fruition. Mr. Kemmett thanked Phil for all his hard work.
Lastly, Mr. Clemons is working on a site inspection report for Katydid Lane. Mr. Schellenger suggested that Amanda Freitas, the project ecologist for Smitty’s Bog, is consulted about what options are available, if any, regarding the problems that Mr. Record and Mr. Soule are having with flooding.
Enforcement
196 Main Street
Ms. Muncy reported that she had spoken with Mrs. Harvey and that she has filed an appeal with the Clerk Magistrate. She is trying to buy time because she is overwhelmed with the Enforcement Order. Ms. Muncy asked her to let us know when she hears from the court so as to open up the lines of communication. Mr. Kemmett suggested giving DEP a call to see if they want to be involved. Mr. Schellenger commented that erosion control should be installed immediately.
284 Monponsett Street
Ms. Muncy reported that the owner has come in to the office a couple of times and is working with Steve Wry of Land Planning, Inc... Apparently, he is not going forward with the driveway plans, only the lawn area. Ms. Muncy told him it has to be restored.
658 Main Street
Ms. Muncy commented that there may have been some confusion when this property changed hands. The new owner had called the office and left a voice message. Ms. Muncy was viewing it more as an educational opportunity rather than enforcement.
Old Business/New Business
W.B.Mason/Invoice – signed
Harding Print/Invoice – signed
Agent Mileage Reimbursement/Invoice – requires signatures
Amory Engineering/Invoice – signed
MACC Annual Membership Dues/Invoice – signed
Adjournment
Motion to adjourn at 9:10 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
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