Conservation Commission Minutes January 11, 2016

Conservation Commission Minutes January 11, 2016

CONSERVATION COMMISSION

781-982-2100

Minutes

January 11, 2016

Buckley Room

7:00 p.m.

Members Present: Mike Noonan, Jerry Kelliher, Jim Tormey, Cliff Jacob, Russ Forsythe, Joe Feeney

Absent: Kathy Creighton

7:00 p.m. Informal meeting with Park & Recreation Commission to review request to amend SE084-461 at a future meeting for proposed playfield area at Griffin's Diary. Mike Noonan explained that there was a NOI filed in 2012, with an Order of Conditions issued for cutting grass and hay baling at Griffin's Dairy and was extended to 2018. The Conservation Commission is only concerned with what happens within the 100' buffer. Outside that buffer is not under Conservation's control. This land was bought and paid for by the tax payers of Abington, and hopefully, this meeting can help resolve things and everyone get along. He has letters from people re the community gardens with their concerns about the impacts. He hopes all the parties can resolve things and the kids can play soccer and the gardens can still flourish. This is not a voting meeting tonight, just the to open it up to the public.

Cliff Jacob - has read up on this and if it deviates from the original filing, you would have to go back to the beginning and start a brand new NOI and new Order of Conditions. Mike Noonan - that is what is going to be discussed tonight. According to Greg DeCesare, DEP, it just needs to be amended. Cliff J.- got his information from federal government. Mike Noonan - the information from DEP was that this could be amended. Cliff J. - this is farm land, and that's federal government. He would talk to someone from Energy and Environmental Affairs. Mike Noonan - DEP has given this direction. Cliff J. - doesn't want anyone to think he is against this. He is concerned that he has seen things happen that were supposed to be temporary, that don't end up temporary. Wants to see it done right. If the board is going to allow this to happen, do it right and start at the beginning with a new filing. Mike Noonan - it doesn't need a new filing. Cliff J.- doesn't want to put himself on the line for what Mike thinks is right or wrong. Mike Noonan - we went to DEP and have been told what is appropriate, which is how we're going.

Joe Feeney - referred to Wetlands Program Policy 85-4: Amended Orders (attached). Mike Noonan- Park & Rec is requesting the Commission's help on this. They want to amend the existing Orders to build fields within 50'. There will have to be an open meeting, notification to all the abutters, an ad put in the newspaper. There would be an appeal process that can be taken after it is amended. If we approve it, it still goes to DEP. Yes. Mike Noonan - mowing the lawn was part of the original Order. Cliff J.- it doesn't say if they are going to be using organic fertilizers. Mike Noonan - whoever was going to be doing the maintenance of the fields would have that information. We are here just to decide on the wetlands.

Mike Nesti, Chairman, Abington Recreation Commission - Rory Manning on the Commission and Kate Marini, Secretary to the Commission also attended - this is to amend the Order in the future, and to make sure this is the correct procedure. They are not looking to upset neighbors and abutters, and they don't want to have no place for soccer and lacrosse to play. They want to fit everybody's needs without stepping on the toes of people who don't want this. They are going forward with this proposal so they can mow within 50' of the wetlands which would allow them enough space to put in two youth sized soccer fields going north and south and one lacrosse field going east and west. This would not be adding any structures, just cones, nets and flags in the corners for soccer games. They have had meetings with people from the Community Garden and had discussions with them. They don't actually fertilize any fields in Abington, so that is a non-issue, and they talked about a small fence to protect the Community Garden, but that would be at their request. They are trying to see if this is the correct process to go forth with the blessing of the Conservation Commission and if approved take the amended order to the Selectmen for final approval, so this spring or fall there would be places for youth soccer and lacrosse to play.

Mike Noonan - asked Shawn Reilly if this was controlled by the town manager. ShawnReilly - it is town-owned land so BOS has control. Typically the BOS and town manager assign certain town-owned properties to different groups. Park & Rec is in charge of scheduling and up until recently maintaining fields and playgrounds. Now the Highway Department is doing all the mowing and Park and Rec is morphing into Recreation Commission, so they are doing scheduling and permitting. Any group of neighborhood kids can go on town property. Kids can go on to Griffin's Dairy now if they want, but anorganized sport has to have a permit through the town and has to go through Park and Rec. That has been the instigation here, that youth soccer and youth lacrosse are looking to relocate at least during the school construction period. The Conservation Commission has jurisdiction over any activities within 100' of wetlands. Activity outside of 100' there is no Conservation need. Right now the town can mow Griffin's Dairy as long as they stay 100' beyond the wetlands, or do anything, through the BOS and through Recreation. DEP is a state agency. There is no federal permit on this property, and as far as he knows there is none required to do what they are requesting.

Shawn Reilly - they have been to the Selectmen informally; they have been to Recreation Commission, and it was suggested that they come to Conservation and confirm what is the proper procedure. Is it to file a brand new NOI to have fields there, or is it to amend the existing Order of Conditions? Either way, you are required to send notices to abutters, have a public hearing, and the amended order gets submitted to DEP and there is an appeal period. They are working off the exact same plan that is in effect. The town has permission now to mow right up to the wetlands inside that 100' buffer. Recreation is looking for a specific area on the 64 acre parcel they would like to mow more frequently, not just for haying, but mowing maybe twice a month to keep it in playing field condition.

Mike Noonan - the Commission is only concerned with the wetlands, so when you are talking fences, the Commission doesn't have any real jurisdiction because it would probably by outside the 100' buffer. Shawn Reilly - some of the representatives from SAGE, Community Gardens, Griffin's Dairy Committee and different groups have come to meetings with the Recreation Commission. All the groups have tried to meet and get together, and representativesfrom the Community Gardens have asked if there could be a fence between the soccer field and the garden are so that a ball that was going towards the garden area would be stopped by a fence. That fence would be located outside the 100' buffer, so that would not need Conservation approval. Joe Feeney - what the Commission is trying to get to is what do they want to do - do they want porta potties, do they want snow fence, will it trigger a NOI? Define what they want to do.

Shawn Reilly - doesn't have kids in youth soccer or lacrosse, he's not on Recreation Commission. He got involved in this because he's on the School Building Committee. They were getting all the groups together to plan for the future. They just shut down five or six playing fields and outlined the teams and groups that use these fields. The Recreation Commission has to find other places for these groups to go. Right now this is a temporary idea. If there was a proposal for long term, it would have to go through the Selectmen and the Conservation Commission. Where parking is at Griffin's is outside the 100' buffer zone, which would not be a Conservation issue. That is something that would be discussed with the Selectmen. The only thing for the Commission is what are they asking to do within the 50' of the 100' buffer. What they are asking to do is mow to keep the grass at a field level.

Shawn Reilly - There has been discussion of top dressing the fields where you run a machine over it and put a thin level of soil over it so holes get filled to make it safer for the kids. They aren't changing the topography, they are just making it safer. They can do that now without Conservation permission as long as the Selectmen approve it and they stay outside the 100'. For safety sake, they would like the extra 50' so there is wiggle room for the fields and it allows them to move the fields farther away from the gardens. It gives the Highway Department the flexibility to know that they can fit the fields either way depending on how they paint it. Once they are situated, he anticipated that representatives from the gardens, youth soccer and the Highway Department and Recreation would go out and say based on where the fields are, do they need a fence, and if so where would it go to protect the gardens. If there is a snow fence, the only reason for that would be to stop a ball from going into the trench. East Bridgewater has soccer fields that look almost exactly like Griffin's Dairy. It's town-owned land with a trench that runs through it, with wetlands, and they have different open fields that they use for youth sports and community events. They don't have snow fences. The Dairy has been used in the past for community events with parking behind the houses on Plymouth Street. The fields wouldn't be used for youth soccer or lacrosse in July and August.

Shawn Reilly - once it's determinedwhat kind of hearing it should be, they will go through all the details. They feel based on what DEP says, that amending the current Order of Conditions is what is needed. If the Commission feels it should be a new NOI, they will comply, but having to do a whole new plan would push things back. If another wetlands delineation was done, due to the fact that it has been mowed, it would probably show less wetlands. Using the current plan would probably be more conservative. There is no proposal to fill wetlands, alter wetlands, change wetlands, do anything in the wetlands whatsoever. They will be 50' away from the wetlands. What is out there is an area that has been mowed and will continue to be mowed and there would be painted lines for the kids to play soccer.

Joe Feeney - how were the fields laid out? Shawn Reilly - it's off the current Wheatley plan. Mike Noonan - a new plan would be expensive, amending is what he's thinking.

Mike Noonan - asked if there was anyone from the Gardens that would like to speak? Jennie Brown, SAGE and Community Gardens - her concern is to protect the gardens and be able to expand. Mike Noonan - this is going to be temporary, and maybe fences would make good neighbors. Jennie Brown -they have a 4' fence that was donated to them, and they have no money. Mike Noonan - Conservation has no money either. Anybody else?

Jim Dombrowski, 28 Temple Street - do they have a parking plan presented? Mike Noonan - that's not what we're here for tonight. This is to discuss amending the Order of Conditions. We have been told by DEP that the board can amend the Order of Conditions. Jim D. - from what was presented at a meeting the other night, there are a lot of substantial changes that are being proposed. Mike Noonan - not to the wetlands. Jim D. - to the area though. Joe Feeney - how would the parking change anything re wetlands and delineation? Jim D. - until you see it, you don't know. There are a lot of issues as far as porta potties, vehicular traffic, filling and grading different areas. Mike Noonan - just leveling. Jim D. - it's still filling and grading. Mike Noonan- leveling it to make it accessible. They aren't filling anything. Top dressing or power raking levels it off and top dressing is done so the seeds have something to adhere to.

Audience member - no chemicals? Mike Nesti - no - the town doesn't use chemicals. Jim D. - that would have to be specified in the Order of Conditions. Mike Noonan - as far as anything outside the 100' buffer, the commission doesn't have anything to say, but to appease everyone, the board can state no chemicals. Audience member - they are doing organic gardening, so no chemicals is good. Does the town have a contract for the hay? Mike Noonan - wasn't sure, but there are 64 acres. Jim D. - there are 31.3 acres in Abington that are under the Order of Conditions. Mike Noonan - this is only about 2-3 acres. Jim D. - didn't know if Mr. Hornstra would still mow or not if they are taking the prime area away from being hayed. Joe Feeney - that would be through the town manager. Jim D. - that is a prime part of the farm. Whether there is a contract would be a question for the town manager. Mr. Hornstra had mowed the last time for free and got the hay. The Orders have been extended to 2018. Jerry Kelliher - this would give the kids two years to play, and he believed the people here are going to want that for the kids and put their best foot forward to leave it in the condition they found it.

Shawn Reilly - they suggested two years temporary to see how it works. In that two yearsthe school will continue to be built and the two turf fields will be finished next fall, but it is his opinion that because the two turf fields will be available for the high school phys. ed., it doesn't necessarily mean they'll be available for youth sports and adult recreation. It will still be part of an active construction site. The current high school building will not be torn down until 2018. Until that's done, it's not really a safe area for youth soccer and lacrosse kids. After that two years, everyone will take a look to see where we are. There was a rumor that Southfield was going to create two or three fields for Abington kids to play on, but it would take two years, and it would be shared with Rockland and Weymouth, so it wasn't an option. No one is committing to anything, and this will give everyone a chance to see what is working and what is not.

Mike Noonan - as a resident, he felt it's something that has to be done. You have to let these kids stay in town and play in town. The gardens need to stay there because everyone is doing such a wonderful job, but it should be able to be worked out. Everyone should be able to get along, work it out, and he's sure something can be done. As far as the next step, it is his opinion that an amended Order is appropriate. He suggested they sit with Community Garden people and make sure that everything they want is done and hopefully do this just once. The kids would be out of there in June. They wouldn't be in there after school is out, and that is when the gardens would really start to grow.

Dick Hanna -Farmer's Market is being brought back there also; it would start the Saturday after the 4th of July thru end of September. He is the maintenance guy up there, puts in 30-40 hours a week for the last five years. He understands, he was president of Abington Youth Soccer. He is concerned with when they start cutting it. Three years ago because the ditches weren't cleaned they had to move the garden 150' down because the corner flooded. Has learned that the more you cut the grass the better it's going to leach. He is concerned that won't happen and it will come back into the gardens more. Mike Noonan - when you power rake, you can grade it so it's grading away, swale it. Dick Hanna- he's concerned with more water coming into the garden, and they won't be able to move down any further. Mike Noonan - it wouldn't even be noticeable, but you can grade it so that there is a slope away. It can pitched anyway you want.

Shawn Reilly - by mowing more often and keeping the grass lower, the sun hits the soil more often and it leaches better, will absorb the water instead of flowing across and flooding the garden. It should improve the situation. Some of the neighbors have asked them to put in drainage out there because the water sometimes pitches into their backyards. They aren't proposing any drainage back there, but the fact that the town is now starting to mow and hay Griffin's Dairy could help in the long run to dry up that soil again. The town used to use it when it was mowed.

Jim D. - the nature of the soils on Griffin's Farm are constantly going to keep that area wet. It's the nature of the soils that brings the water to the surface. They can't change that. There is approximately 30% of property in upland area and 70% of the rest of it in Abington is classified as hydric soils. Typical of wet meadow condition. Shawn Reilly - it is not in the area where the fields would be going or the area that OCPC recommended the fields to go. OCPC recommended the fields go right behind the Plymouth Street houses or next to Pattison Street. When different groups met with Recreation, they thought by Pattison Street there is no parking, and behind the houses on Plymouth Street, you are behind more houses than the proposed location which is set far off the road and you're behind two houses on Bellows Circle. Jim D. -re property behind the houses on Plymouth Street, the house that was moved from Pattison Street sunk out there. It is an extremely wet area.