Posted Meeting for Selectmen to attend
Water Commissioners' Meeting with the Clarks
re: Brook Street Water Site on March 29, 1995
Water Commissioners: Bickford (Chair), Morway, Andrews, Dahlberg
with Superintendent Ed Reed, Secretary Carol Servizzion, CDM rep
Jeffrey Diercks and Town Counsel Patrick Costello (Kopelman &
Paige).
Milton Clark, Rachel Clark, son and daughter Rachel Clark
Jarvenin and their attorney Gene Guimond from Haufler &
Associates in Norwell.
Selectmen: Flynn, Frisoli, Jones, Murdoch and Kuchinski, with
Nugent.
I. Opening: Bickford thanked all for coming and then asked
Attorney Costello to run the meeting since the Superior Court
Judge (in the lawsuit filed by the Clarks) has ordered two
meetings to take place prior to the attorneys returning to court
on April 11, 1995.
II. Costello stated that he and the Clarks' attorney had spoken
prior to this meeting and agreed that certain items would be
discussed including alternative sites for water in Hanson and the
removal of the pipes from the Clark property.
III. Guimond began the questioning by asking for documentation on
the 14 sites mentioned in the Water Commissioners' Annual Report
(1992 or 1993) noting that the possible sites were narrowed to
only 7 of those 14 and Clark land not on that list. Copies of
the requested materials were given to Clarks' attorney.
Jeff Diercks of CDM attempted to clarify comment with a
short history of water exploration since 1987's imposition of the
water emergency by DEP:
1991: Pleasant Street Site (gravel) tested - water quality
problems (iron) cost 4 million to treat continuously;
1992: Cranland Site (gravel) tested - water quality
problems - pesticides contaminating site; purchase on hold
because of various difficulties in purchasing contaminated land.
1993: Town began a Bed Rock Testing Program which identified
14 bed rock sites which needed closer evaluation. This
evaluation would eventually reduce the list to seven sites.
During this time, the geologists thought the Town Water
Department should investigate the possibility of a gravel well
site on the Brook Street site. A gravel well site is better than
a bedrock water site.
IV. Attorney Costello reminded Guimond that the next issue he
brought up, agricultural exemption, would not be discussed this
evening because of the legal action and is a matter of law (C.79,
s. 5B).
V. Mrs. Jarvenin stated that the data for the Brook Street site
was inconclusive - that Indian Head Brook has not been properly
studied; that the area's water is too shallow; that drought
conditions were not addressed; that the site was within a
protected watershed; that the water source was Wampatuck Pond;
that zoning currently didn't allow this; that the project was for
one test well and there are four! The major question from her
and her brother was "Why is this such a rush job?"
VI. Diercks and Costello refuted the "rush job" comment noting
that the Water Commissioners have been seeking water sources
since 1987 water emergency and have made significant upgrades to
the water system to benefit water users (Tower tank, pipes, leak
detection programs, supply agreements with neighboring Town) and
are taking the necessary steps to ensure the provision of the
best water for the less cost. Water Commissioners realize
further steps remain necessary in regards to acquiring the Brook
Street Site (public hearings for acquisition of land for
ownership and for easements and transfer of control of ConCom
land in the area. DEP needs to issue determination if control of
ConCom land needs ownership transfer but that decision is
premature until Clark property issue is settled.
VII. Reed indicated that the surveyors will make an exact survey
of the property so specific meets and bounds can be discussed for
Town Meeting Warrant in May.
VIII. Mrs. Clark voiced anger over entire situation. Confusion
apparent over assessor delineations of lots (Lot 10 Brook Street,
Lots 8A, 8B containing sublot numbers) and exact authority to do
the 4 wells in 10 days. The younger Mr. Clark kept repeating
his question "Who authorized access?" People tried to ask him to
be more specific - on April 12, 1994?; How it all began?; first
contact with the Clarks?; first machine to appear on the
property?; Who authorized attention to be paid to the 158 Brook
Street property location? He would not be more specific.
IX. Clarks wanted to center on who authorized access; who was the
geologist who told the Clarks "not to worry" and subsequently has
moved to Colorado. They want to know who else has been out on
the site? Who prepared the "TO DO LIST"; who authorized
Stigliani to put flags out on their property? Why has Webby kept
the only map belonging to Mr. Clark? Why are 5 test wells in
wetlands?
X. Their former attorney (who spoke on Town Meeting floor) was
only involved on their behalf because he was handling the P & S
agreements for the 3 lots at Brook Street. That was June, 1994.
Mrs. Clark stated that the property has lots 9, 10, 11, 12 and
13. She insists that portions of 8A and 8B is the entire heart
of the property. Water Commissioners stated that the appraiser
(Mr. Hastings / Mr. McLoud) will clearly indicate the location
which would be required by the Town.
XI. The apparent time frame for testing notices was:
December 15, 1993 - letters out re bedrock testing
January , 1994- water samples taken from Clarks
April 12, 1994 - Reed called Mr. Clark for access for gravel
testing
April 13, 1994 - Clarks received Water Department letter
June 9, 1994- P&S Agreements on lots upfront
Clarks and their attorney received a copy of the Draft report
dated September 22, 1994 and a copy of the Pleasant Street report
this evening.
DEP approval still needed for radon level, aeration and one metal
testing.
Further discussion lot 10 being 5 acres and lot 8A, 8B containing
36 acres. Bickford invited onto property by Mrs. Clark.
Frisoli stated this was the first time he was aware of need to
control all the areal wants official notice of meets and bounds;
and noted positive efforts seem evident on both sides.
Adjournment: Water Department adjourned this portion of their
meeting, meeting with Selectmen and the Clarks, at 9:25pm.
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