HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF OCTOBER 29, 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
John Murray, Clerk
David Harris, Member
Absent: Phil Clemons, Associate Member
Frank Schellenger, Vice Chairman
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Public Hearings
7:00 PM After-the-Fact Notice of Intent for remediation excavation and assessment activities at 100 Hawks Avenue,, Map 24 & 16, Lots 70 & 10B for Brian Golden of Litecontrol represented by Resource Control Associates, Inc., 474 Broadway, Pawtucket, RI (DEP #SE175-0638) (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Mr. Robert Atwood, PE, LSP and Danielle Getsinger, Project Manager for Resource Controls gave the presentation. Mr. Atwood began by explaining that an environmental assessment was conducted in relation to a property transfer which is pending. An oil tank on the property was discovered to have been leaking. Also, there were buried drums as well as buried paint and solid waste. They are currently working under an Immediate Response Action from MA DEP and an Emergency Certification from the Conservation Commission to excavate and remove the tank and the contaminated soils surrounding it.
Mr. Kemmett asked about the scope of work regarding the tank removal and if we will continue to be notified. Mr. Atwood answered that it’s an “evolving thing” with DEP as standards for soils and groundwater must be met. Also, he anticipated that they will have to come back before the Commission at least two or three times. Mr. Atwood estimated that it would take about 6 months to figure out an end game.
Ms. Getsinger informed the Commission that the wetlands had been flagged and that the Commission’s consultant, John Delano, had found a couple of edits. The wetland flags were depicted on a revised site plan dated 10/21/13 with associated 50’ and 100’ buffer zones. Resource Controls is installing monitoring wells and proposing soil borings within the buffer zones so as to ascertain the extent of dissolved phase contamination down gradient of the tank. Test pitting in the parking lot area to assess soil conditions and delineate the extent of the solid waste is also proposed. She added that all the work is being done with benefit of erosion control. Stockpiles from the excavation thus far are to be removed offsite this week.
Mr. Atwood said that additional in-situ remedial technology is being evaluated to reduce concentrations of contaminants dissolved in groundwater. He added that 21E documents have to be prepared in accordance with solid waste regulations. Mr. Atwood noted that they have discovered that the buried solid waste does not extend into the resource area.
Mr. Delano of John W. Delano & Assoc., Inc., representing the Commission, arrived at 7:15 PM. He had reviewed the Notice of Intent and additional documents as outlined in his review letter dated 10/29/13. In addition to reviewing the wetland flags in the field, he had also found two signs at Flags #C129 and C-118 with language warning against dumping beyond the signs due to drainpipe outlets. Because there was fill “all over the place”, he could not find the drain pipes. Mr. Atwood surmised that they were roof drains and that the filling was done pre-1970 when Litecontrol purchased the property.
Ms. Muncy commented that she had received a request from the Highway Surveyor, Mr. Bob Brown, to suggest installing safety fence around the excavation trenches. Mr. Atwood said that were no vertical slopes and that they were following OSHA guidance.
Mr. Kemmett asked if trees would have to be removed to access the wooded area. Ms. Getsinger answered yes, that some tree clearing was required. Mr. Kemmett said that a comprehensive inventory as to size and number of the trees that are to be removed and a mitigation plan must be submitted at some point. Mr. Atwood inquired if the Commission wanted the area restored? Mr. Kemmett answered yes, and that there was a lot of guidance on that subject from DEP. Mr. Kemmett asked if any abutters were present. Ms. Louise Johnston of Reed Street had no comments. No other abutters were present.
Motion to approve a variance to work within the 50’ No Disturb Zone: David Harris
Second: John Murray
Vote: 3-0-0
The Commission suggested that Mr. Delano maintain contact with the Conservation Commission and continue to work and coordinate with Ms. Muncy regarding the project. Mr. Delano offered to assist with the inventory of trees.
7:30 PM Notice of Intent for demolition and construction of a single family residence at 116 Woodman Terrace, Map 70, Lot 59 for Bruce Beaulieu represented by James Engineering, Inc., 125 Great Rock Road, Hanover, MA (DEP #SE175-0637) (New Hearing)
Mr. Harris read the Public Hearing Notice and the abutters were verified. Mr. Gary James, P.E., on behalf of Mr. & Mrs. Beaulieu who were also present, made the presentation for a proposal to demolish and reconstruct a single family house. He began by saying the entire lot and project is within 100’ of Maquan Pond upon which there will be 3,490 sq.ft. of disturbance. The house is to be expanded slightly but the setback to the Pond will be maintained. The existing septic is to remain. A drywell is proposed to infiltrate water from the roof drains and account for an additional 400’ of impervious material. Haybales are proposed at the top of the slope and will demarcate the limit of work. Mr. James added that four
(4) pine trees are to be removed of which three (3) stumps will be pulled and the other one ground down.
Mr. Kemmett asked about the height of the building and whether it would interfere with the site line of abutting properties. Mr. Beaulieu answered that there was going to be a basement, two floors and maybe a loft and that his cousin and aunt were the abutters and they can’t see his house from theirs. Ms. Muncy asked if they had accounted for parking for the construction crew as she didn’t want to see the road blocked. Mr. James answered that they would utilize the existing driveway and Mr. Beaulieu added that they could park in his aunt’s driveway.
Mr. Kemmett asked if there would be any mitigation for the disturbance in the 50’ and 100’ buffers zones, specifically the tree removal. He also questioned whether the drywells were sufficient to handle the roof runoff. Ms. Muncy suggested that storm water calculations be submitted. Mr. Harris expressed his concern with the steep contours of the land and feared that if the project starts and we have a major weather event; what kind of impact that would have on the pond. Ms. Muncy commented that more erosion control may be necessary. Mr. Kemmett asked for comments from abutters. Those present were: Robert McCue of 109 Woodman Terrace and Mr. Steven Johnston of 104 Woodman Terrace (next door). Both had “no
problem” with the project.
Mr. James offered to address the Commission’s concerns by providing a mitigation plan, calculations for the storm water runoff, a profile of the site lines and to beef up the erosion control with double staked haybales. Mr. Kemmett commented that the Commission also needed guidance from an engineer for the steep slope. Ms. Muncy suggested that we have Mr. Delano take a look at the slope, the mitigation plan and the calc’s and the site lines. She added that a Consultant Review Fee would be required from the Beaulieu’s.
Motion to continue the hearing until 11/12/13 at 7:00 PM: David Harris
Second: John Murray
Vote: 3-0-0
7:45 PM Abbreviated Notice of Intent for the After-the-Fact removal of a 1000 gallon oil tank and installation of monitoring wells within 100 feet of a Bordering Vegetated Wetland at 782 Main Street, Map 41, Lot 15 for Kathy Jo Boss represented by C.W. Garvey Co., Inc., 36 West St., Whitman, MA (DEP #SE175-0639) (New Hearing)
Mr. Murray read the Public Hearing Notice and the abutters were verified. Ms. Muncy said that two abutters had not been notified. Mr. Garvey explained that they were town-owned properties and customarily they were notified by virtue of the Notice of Intent because it was the same mailing address. Mr. Kemmett said, in the future, to send them notification regardless.
Mr. Garvey, representing Kathy Jo Boss and Geoff Diehl, who were also present and are the potential buyers, gave the presentation. He explained that it was discovered that the property had a leaking oil tank associated with the Grange, the removal of which was overseen by SITEC Environmental under the auspices of an Immediate Response Action from MassDEP. Consequently, the wetlands were flagged after-the-fact by Brooke Munro of Pinebrook Consulting on 9/12/13 and depicted on a plan dated 9/19/13. Monitoring wells have been installed around the tank area about 60’ away from the Bordering Vegetated Wetland. Mr. Kemmett asked if erosion control had been installed. Mr. Garvey answered that he had been hired after the tank had been removed. Mr. Garvey commented
that he will be filing a Notice of Intent very soon for a new building, septic system, parking and detention basin. He will definitely be proposing erosion control at that time.
Motion to close the hearing and issue an Order of Conditions: David Harris
Second: John Murray
Vote: 3-0-0
Appointment
8:00 Appointment with James & Luci Record to discuss drainage issues at Katydid Lane
Mr. & Mrs. James Record and Mr. & Mrs. Steve Soule attended the Conservation Commission meeting of 10/29/13.~ Mr. Record explained that his family has resided on Katydid Lane since 1971 when the subdivision was first constructed.~ Historically, there have been drainage problems between the site and the adjacent bogs resulting in flooding to the Record and Soule properties.~ Several remedies have been attempted by the previous owners of the bog to alleviate the flooding, including installation of a gate valve which has since malfunctioned.~
Ms. Muncy said that the town was not aware of the flooding situation until the June 2013 Conservation Commission public hearing when the Commission presented the Smitty’s Bog project to the abutting property owners.~ Mr. Record appeared at that hearing and informed the Commission of the issue and asked for remediation.~
Based on the topography of Katydid Lane, she added that the elevations decrease as you travel down the street. The storm water flows through the drainage system, down the street, where it eventually equalizes between the bog and the aforementioned properties causing flooding during major storm events.~ She suggested that the easiest remedy to the situation is to breech the dike at the rear of the properties, allowing the water to accumulate within the bog system.~
Due to the Compatible Use Agreement, still under revision by Irene Winkler of Natural Resources Conservation Services (NRCS), the Commission must receive permission to perform work on the Bogs that hasn’t been previously authorized by NRCS.~ When Mr. Clemons, Ms. Muncy and Mr. San Angelo, Town Administrator met with Irene Winkler on October 21st they discussed this flooding problem and she did not appear to have an issue with breeching the dike to alleviate the flooding.~ Ms. Winkler stated that she would revise the Operating Plan of the Bog to allow this breech, although she did not provide a definitive date when that plan would be revised.
Mr. Record was unhappy to have to continue to live with the potential of flooding and stated as much. He was looking for specifics. Mr. Kemmett answered that “we are asking the same questions. We have a restriction and they (NRCS) tell us what we can and cannot do.” Mrs. Record allowed that the Commission has good intentions, but they (the Records’) are very concerned. She asked that they be contacted when the Commission follows through with the Plan. Mr. Kemmett suggested that the Record’s contact the Highway Department regarding the street drainage from Katydid Lane. ~Ms. Muncy said that she would contact Ms. Winkler to facilitate movement to rectify the situation and forward Mr. Record’s
letters.
Mrs. Soule asked about the phragmites removal at Smitty’s Bog. Ms. Muncy said that Request for Proposals were drafted and sent out, but no one submitted a bid for the phragmites removal. However, one bid was received for Camp Kiwanee, but chances are the work won’t begin until the Spring.
Discussions
Smitty’s Bog
Mr. Clemons had provided an Open Space Update, a copy of which is attached to these minutes. The Commission reviewed his report and took everything under advisement.
Proposal for engineering of parking area at Smitty’s Bog
Motion to approve estimate for engineering from Land Planning: David Harris
Second: John Murray
Vote: 3-0-0
Eel River site walk
Mr. Kemmett was interested in going to view the Eel River Restoration Project with Phil Clemons at some point in the future.
Agenda of Topic’s to bring up with TA
Ms. Muncy will schedule a meeting during the day when it is convenient for everyone to meet with Mr. San Angelo to discuss a variety of subjects suggested by members of the Commission. One of the things that Mr. Kemmett would like to discuss is the 1963 Town Meeting Vote that required that the Conservation Commission be consulted before any town owned land is disposed of.
Meeting Schedule for November & December
November 12, 2013
November 26, 2013
December 10, 2013
Old Business/New Business
Clipper Press/Invoice – signed
Reimbursement/Invoice – signed
Adjournment
Motion to adjourn at 9:45 PM: David Harris
Second: John Kemmett
Vote: 3-0-0
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