HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC MEETING OF JUNE 24, 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
John Murray, Clerk
Phil Clemons, Associate Member
Also Present: Laurie Muncy, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of June 10, 2014: John Murray
Second: Frank Schellenger
Vote: 3-0-0
Public Hearings
7:00 PM Notice of Intent for a proposal to install a new house foundation drain and a new emergency outlet pipe for the retention pond within 100 feet of a Bordering Vegetated Wetland at 4 William Way, Map 96, Lot 15-7 for Thomas J. Bean represented by Land Planning Inc., 1115 Main Street, Hanson, MA 02341 (DEP #SE175-0647) (New Hearing)
John Kemmett read the Public Hearing Notice and the abutters were verified. Mr. John Delano of John W. Delano, Jr. & Assoc., Inc. and Gary Rice from Land Planning, Inc. were there to represent the applicants who were not able to attend. Mr. Delano explained that the proposal before the Commission (Drainage Improvements Plan dated 5/29/14) was a method to alleviate a flooding problem in back in 2010 and prevent any future situations having similar conditions. To give some background, Mr. Delano mentioned that the house was built after the sub-division (which was subject to an Order of Conditions issued in 2003 and has since expired.) In 2008, Mr. Delano worked for the Planning Board at which time there was a problem with the
retention basin draining because of siltation from the construction of the roadway. He, the Town Planner at the time, the engineer and the developer met. The bottom of the basin was scraped out and replaced with new sand and stone. Mr. Delano presented pictures from 2008 after the work was done.
Mr. Delano continued: In March 2010, there were back to back, terrific rainstorms. The groundwater table in the area rose considerably and the basin flooded almost up to capacity. The Bean’s basement flooded and they incurred some high damages. The Bean’s announced that they would bring suit against the Town and all parties involved (the town’s inspector (Mr. Delano), Land Planning, Inc., the developer, and the builder). Subsequently, during the legal process, the Town was deemed to be no longer a party but as an employee of the town, Mr. Delano was selected in the lawsuit as well as the other parties. During depositions, it was determined that the solution was to alleviate the potential for flooding and the judge highly recommended
that the parties get together and come up with a proposal. The result was that Mr. Delano and Land Planning would work on the planning and engineering and the other parties in the lawsuit would provide equipment and labor to do the installation.
In terms of the original plan, the emergency overflow for the retention basin was designed as a swale, which disturbed quite a few of the trees in the buffer zone. The proposed solution is to install an emergency over-flow in a tight system and try and find the best route through the existing trees. Mr. Delano said they located the trees onsite and other than a small shrub, no large trees have to be cut down. Secondly, said Mr. Delano, a foundation drain (not a sump pump) would tie in below the cellar floor and the footing and come out daylight without relying on electrical power or being exposed to whatever could accumulate in the cellar.
Mr. Delano said that the Beans have not had an issue since 2010. He was of the opinion that it could be the basin but nothing can be definitively determined and it’s more likely their groundwater. Mr. Delano added that the original emergency spillway was supposed to be a fail-safe system and hadn’t acted properly. It was pointed out to the Town Planner at the time and it was never corrected. The proposed overflow pipe is a corrective measure for the lack of following a normal set of engineered plans that provides for an emergency overflow. The foundation pipe is a guaranteed method of taking the water that might accumulate below the cellar floor so that the Beans don’t suffer any more financial losses.
Mr. Delano also mentioned that an easement would be required from the Town of Hanson to extend the pipes into town owned land and if it was not granted, the plan would not go forward. If the Commission issues an Order of Conditions, it would assure the Selectmen that there are no environmental concerns. A legal description of the easement was included in the filing. In addition, the Bean’s are agreeable to planting shrubs upslope of the 50’ buffer zone to revegetate the area. In conclusion, Mr. Delano mentioned that erosion control is proposed.
Mr. Schellenger was concerned that because the retention basin was designed to handle the storm water runoff from the entire development, the calculations should be run again to make sure that the proposed change to the design will not hinder the performance of the system to act properly during a storm event. Mr. Schellenger also requested that Mr. Delano check the groundwater level as it pertains to separation from the septic system.
Motion to continue the hearing to July 8, 2014 at 7:45 PM: Frank Schellenger
Second: John Murray
Mr. Clemons commented that the during the 2010 historic storm, this was probably not the only house in Hanson that got wet.
Vote: 3-0-0
7:15 PM Continued Notice of Intent for the repair of an existing septic system within 100 feet of a Bordering Vegetated Wetland at 505 Liberty Street (Fire Station), Map 81, Lot 15 for Ronald San Angelo, Town of Hanson represented by Land Planning Inc., 1115 Main Street, Hanson, MA (DEP #SE175-0646)
Motion to continue the hearing to July 8, 2014 at 7:15 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
Appointments
7:30 PM Appointment with Mr. Ernie Sandland, Facilities Director and Mr. Bob Roger, Athletic Director to discuss the recreation area at the Whitman-Hanson Regional High School
Mr. Kemmett recused himself from the discussion because he is an employee of the Whitman Hanson Regional School District. Mr. Clemons disclosed that he had a hand in the previous wetlands delineation and will not speak to anything other than that. Also in attendance were Mr. Craig Finley, Assistant Superintendent of District Operations and Mr. Terence McSweeney who was offering his professional services for the project.
Mr. Finley addressed the Commission: Sharon LePorte of Ladyslipper Woods was hired to do wetland delineation last year and an Isolated Wetland had been identified near where they want to construct new basketball and volleyball courts. A Blanket Permit was issued at that time to cut trees that were located outside of the 50’ buffer zone. Since then, the School Department applied for and received a grant from the Community Preservation Committee for the project. The drainage and the land preparation costs $20,000 and Casoli Sand & Gravel Co. has offered to do the work for free. They are ready to go if the Commission agrees to it. Mr. McSweeney added that he put an existing conditions site plan together that doesn’t quite match up
with the original wetland delineation because the wetland has changed since 2003.
Mr. Clemons said that in July of 2012, he assisted Sharon LePorte and it was her opinion that some areas were dry and that hydric indicators were not as far south as the previous delineation done ten years before. He added that there were three separate areas of flagging. Series A & B were outside of the scope of the project.
Mr. Schellenger commented that he wants only the flags located that are closest to the activity. The Commission needs a sketch of a plan showing the current wetland and the proposed work located outside of the 50’ buffer zone. Mr. Schellenger said that the project requires a Notice of Intent filing for which the fees would be waived.
Applicants for Appointment to the Conservation Commission
Brad Kirlin, 95 Roller Coaster Road – Mr. Kirlin said that he has lived in Hanson for 4 years. His company relocated up here from PA. He wants to get involved with opportunities within the Town. He is appreciative of the Town’s environment, especially it’s lakes and he wants it to stay beautiful.
Rian Kierney, 1605 Main Street – Mr. Kierney said he has lived in town for 2 ½ years. He’s a construction manager and a part-time realtor. He wants to become more educated in the process of how things work. He likes to fish, hunt and mountain bike and is interested in preserving open space.
Mr. Clemons commented that certain situations might become a conflict of interest if one works within the town and suggested that both candidates sign up for the State-mandated Ethics training course.
Motion to endorse both candidates for appointment to the Commission: Frank Schellenger
Second: John Murray Vote: 3-0-0
Discussions
Massachusetts Walking Tour
Mr. Clemons wanted to remind the Commission of the dedication of the new portion of the Bay Circuit Trail through Smitty’s Bog next Tuesday, July 1st. A musical group called the Massachusetts Walking Tour is hiking the trail in its entirety from W. Newburyport to Kingston in the month of June and they will be hiking through Hanson on that day. After a brief dedication of the trail, there will be a free concert at 6 PM at Camp Kiwanee.
Progress for Poor Meadow Brook Conservation Area (Stone Property)
Mr. Clemons updated the Commission: As part of the Grant re-imbursement package, the Conservation Commission was required to endorse a Conservation Restriction prepared by Wildlands Trust. This was accomplished last Thursday and Mr. Clemons was able to obtain the signatures of a majority of the Selectmen this morning. Mr. Clemons hand delivered the document to the office of the Wildlands Trust in Duxbury who was going to send it to the State after recording the document at the Registry of Deeds. Mr. Kemmett has to sign the Re-imbursement Form before the entire package goes back to the State for recompense.
In other matters, Ms. Muncy brought up the recent water main break that occurred in the late afternoon at 270 Main Street. Mr. Alan Dias was called upon to assist with stemming the flow of the water to Indian Head Pond. The Commission requested that he submit an After-the-fact filing for activity in the buffer zone.
Ms. Muncy also informed the Commission that a Blanket Permit was submitted for tree/invasive species removal at a property on Lakeside Road. After visiting the site and speaking with the elderly homeowner, she asked if they would consider waiving the fee.
Motion to waive the Blanket Permitting fee: John Kemmett
Second: John Murray
Vote: 3-0-0
Old Business/New Business
New England Wetlands, Inc./Invoice – signed
Clipper Press/Invoice – signed
Adjournment
Motion to adjourn at 8:30 PM: Frank Schellenger
Second: John Murray
Vote: 3-0-0
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