HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF MARCH 25, 2014
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
David Harris, Member
Phil Clemons, Associate Member
John Murray, Clerk
Absent: Laurie Muncy, Conservation Agent
Also Present: Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of February 11, 2014: David Harris
Second: Frank Schellenger
Vote: 4-0-0
Public Hearings
7:00 PM Notice of Intent for the installation of an in-ground swimming pool, cabana, concrete decking, and retaining wall within 100 feet of a Bordering Vegetated Wetland at 97 Bonney Hill Lane, Map 56, Lot 108 for Dennis J. MacDonald represented by Nover-Armstrong Assoc., Inc., 124 Main Street, Unit 2GG, Carver, MA 02330 (DEP #SE175-0644) (New Hearing)
Dave Harris read the Public Hearing Notice and the abutters were verified. Ms. Marta Nover made the presentation for a proposal for the construction of an 18’ x 22’ in-ground salt water swimming pool with concrete decking and a cabana within 25’ of a Bordering Vegetated Wetland. The applicants, Mr. & Mrs. MacDonald were also present. Ms. Nover submitted a revised plan dated 3/25/14 depicting the 50’ buffer zone (bz), the amount of bz disturbance, a construction sequence and mitigation area. A Variance Request dated 3/25/14 for relief from the 50’ no build setback was also submitted.
Ms. Nover went on to explain that the proposed mitigation for the disturbance in the bz was to pull out the yard waste from an area in the backyard and re-grade and replant it with New England seed mix and native shrubs. Erosion control would be installed at the limit of work and the pool requires no chemicals.
Mr. Schellenger was of the opinion that the applicants have not avoided or minimized the impact to the resource area and they are asking the Commission to disregard the By-law. Ms. Nover replied “That was not their intent. It is within their right to make a proposal. It’s a residential site and the lawn is existing.” Mr. Clemons agreed that the lawn is existing, but it’s a pervious surface. Concrete decking and a cabana are impervious and will not function in the same way to infiltrate rainwater.
Mr. Murray asked if the firepit could be eliminated and the cabana relocated to a different location. Mrs. MacDonald said that the reason that location was proposed was because of Zoning requirements. Mr. Kemmett requested that they seek a variance from the Zoning Board of Appeals to relocate the shed and to minimize the scope of the project. No abutters were present.
Motion to continue to April 8, 2014 at 7 PM: Frank Schellenger
Second: John Murray
Vote: 4-0-0
Appointments
7:30 PM The Carolyn M. Ready Conservation Area off Holmes Street/No Hunting signs requested by resident
Mrs. Betty Dahlberg of Hillcrest Road wanted to report that she and her neighbors were allegedly hearing gunshots late at night behind their homes in a wooded area known as the Carolyn M. Ready Conservation Area. Moreover, her neighbor’s son had discovered a deer stand in the woods. She wanted to make the Commission aware and wondered if they could do anything further to safeguard the residents.
Mr. Clemons thanked Mrs. Dahlberg for bringing it to the Commission’s attention. He advised them to call the police if they hear shots at night as it’s a law enforcement issue. He said that constructing a deer stand on someone else’s property without their permission is un-ethical. He suggested that it called for more careful management of the property and that he and Mr. Harris would make an inspection next week to evaluate the situation.
Mrs. Dahlberg mentioned that the area was named after a beloved school secretary who enjoyed walking the property and that is why it was dedicated and named for Carolyn M. Ready.
7:45 PM Appointment with Jeff LeVoy of Calvary Baptist Church to discuss the cranberry bog adjacent to the church property
Pastor Jeff LeVoy was accompanied by a Mr. Brian Grandy of GAF Engineering to informally discuss a potential future project. The Church is considering buying the lot next door, which is a cranberry bog, chiefly to expand their parking area. The activity will likely be within the 50’ foot no build zone and before spending a lot of money to purchase and engineer the project, Mr. Grandy asked if there was a possibility of a variance.
Mr. Harris asked if they were wetland or upland bogs as that might influence their decision. Mr. Grandy answered that more investigation is needed. Mr. Schellenger said that “on the face of it, we would not like to see the buffer zone disturbed.” Mr. Kemmett suggested that if storm water management were incorporated into the proposal, it might improve the quality of runoff that is there now. Mr. Grandy asked if the challenges were insurmountable to which Mr. Kemmett replied that they must “locate a good wetland scientist that will give you good advice.”
Discussions
Clean Up Green Up Day – April 5th (Saturday morning)
Earth Day – April 26th 1-4 PM
Hanson Appreciation Day at Camp Kiwanee - June 8th
Ms. Nehiley passed out information to the Commission on all three of these upcoming events.
Open Space Update provided by Phil Clemons, Associate Member
Kiwanee Property (Recreation Commission)
Mr. Clemons reported that Mr. Dan McHugh of New England Wetlands says he will be ready to start the phragmites removal in 7-10 days. The first step is to cut old phragmites and remove them from the site and the second step is to treat the stems when the new growth emerges and the weather is greater than 60F. Monitoring will be conducted and based on observations during the season, plans for future treatment(s) will be made at that time.
Smitty’s Bog
The Commission is still waiting for the Final Wetlands Restoration Plan of Operations (WROP) from Ms. Irene Winkler, Program Coordinator from the Natural Resource Conservation Services. Part of the Plan will be to include breaching the dyke near Katydid Lane. Ms. Winkler proposed a meeting with Mr. Record and his neighbor when the Plan is completed.
Mr. Clemons proposed that we move to implement the Parking Area Plan ASAP and asked what regulatory steps were needed to begin tree removal and re-grading of the surface. He suggested that usage of the property would increase once the parking area is available and we should start thinking about designing and pricing a Kiosk. A “No Vehicle” sign was stolen and Mr. Clemons replaced it yesterday.
In regards to the Town of Pembroke’s adjacent property, Mr. Clemons has been communicating with Bob Clark and Mary Guiney from the Conservation Commission, Scott Ripley and Scott Glauben of the Pembroke DPW regarding Pembroke land/trail management and collaboration for ATV damage control. He suggested that after all the entrance points are recognized and signs are up, we ask the Police to start enforcing the vehicular trespass.
The Trails Committee, consisting of himself, Dave Harris, Bob Dillon and Wes Blauss will commence the installation of permanent signage for Bay Circuit Trail/Mattakeesett Path starting in April now that the ground has thawed.
Stone Property
The title certification is ongoing between Kopelman & Paige, P.C. and Mr. Stone’s attorney as certification of clear title is one of the key components of reimbursement from the State. Another requirement is a Conservation Restriction which is being worked on by Wildlands Trust. In addition, Mr. Clemons had asked for a 50% reimbursement from the Taunton River Stewardship Council for the Environmental Assessment and received a supportive letter today from that Organization.
Recently, a resident on W. Washington Street reported tree clearing at a neighboring lot to the Stone property. Mr. Clemons inspected and found that the area was out of riverfront jurisdiction and he doubted any of the Stone property had been affected.
Thomas Mill
Mr. Clemons reported that preparation of a Conservation Restriction was in process for the Mill by the WildLands Trust. They need a sketch of “building envelope” (building, wheel, bridge, walkway) so that they can exclude the structures from the restriction. He is providing this to them on the Commission’s behalf.
Veterans Memorial Town Forest
Mr. Clemons reported that the Town Forest survey was imminent and suggested that the Commission meet again when it’s finished. There are two articles on the warrant: One is to turn the Town Forest over to the care and custody of the Conservation Commission and the second is to dissolve the Town Forest Committee so as not to duplicate effort.
On another note, a number of people think that the location of a proposed cell tower behind the Fire Department is not a good idea. Mr. Clemons commented that there’s a piece of land that used to be part of the Town Forest historically, but had never been surveyed. The area is on the “municipal side” behind the Highway Department and Mr. Clemons is of the opinion that it might be a sensible place to put the cell tower. He wanted to assure the Commission that if someone were to pursue this avenue, the tower would not be on Town Forest land.
Indian Crossway Conservation Area
Town Meeting voted last October to make it Conservation land. Mr. Clemons said we need to register Conservation status conveyance at Registry of Deeds as it would be a mistake not to. Ms. Nehiley will find out from Merry exactly how that is done and volunteered to go to Plymouth.
Old Business/New Business
WB Mason/Invoice – signed
Adjournment
Motion to adjourn at 8:55 PM: David Harris
Second: John Kemmett
Vote: 4-0-0
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