minutes approved on 8/18/05
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Martin Moran, Chairman David Esteves, Member Misty-Anne Marold, Member
Paul Byrne, Member Joseph Rodrigues, Member Judith Sabourin, Member
W. Minot Wood, Member
Minutes
August 4, 2005, 7:00 P.M.
1.0 Preliminaries
1.1. Chairman Marty Moran made a motion to open the meeting at 7:00 PM.
1.2. Roll Call: Chairman Marty Moran, Vice-Chairman Paul Byrne, Clerk Judy Sabourin, members David Esteves, Misty-Anne Marold, and Minot Wood. Also in attendance was Conservation Agent Katrina Proctor. Member Joe Rodrigues was absent.
1.3. Item 3.6 was added to the agenda.
2.0 Hearings and Appointments 7:00 P.M.
2.1 Enforcement Order River’s Edge Zina Farms (DEP 190-0440)
Conservation Agent Katrina Proctor provided an update of the recent events resulting in the issuance of an Enforcement Order. Proctor explained that the town departments and the developer were aware that the site contained trash associated with the pig farm. The Board of Health found suitable soils in the areas of the proposed septic systems and granted approval. Last week Dave Petkauskos investigated the site by excavating material from Lot 6. As he pulled tires etc. from the area he hit black contaminated groundwater. The excavated soils were spread within the Buffer Zone in an effort to dry the material before it is either screened or hauled away as hazardous waste. The activities performed by Dave Petkauskos were not proposed in the Notice of Intent nor approved in
the Order of Conditions therefore Proctor issued an Enforcement Order.
A site visit was held Friday, July 29th attended by Proctor, Byrne, Board of Health Agent Sam Wong, Petkauskos and Licensed Site Professional Bill St. Hillaire. After discussion and observations, the LSP proposed to test the ground water and soils for heavy metal.
Bill St. Hillaire introduced himself to the Commission as the LSP representing Dave Petkauskos. He explained that he started his career working for the Mass. Dept. of Public Health Sanitation Division and has a lot of experience in this area. He stated that the groundwater is black. The color can come from rotting organic material, shredded rubber tires and manganese. He noted that Dave Petkauskos rushed the test results in order to provide the information for tonight’s meeting. Bill ordered tests for heavy metals including lead, arsenic, cadmium, chromium, mercury, manganese and oil. Oil is suspected in connection with the rubber tires.
Test results from 8/1/05 were reviewed.
The oil is innocuous; there is a small trace of petroleum products.
Lead is 96.9 parts pre billion, it is reportable at 12 ppb. St. Hilaire noted that the recovery standard may be around 30 ppb.
St. Hilaire noted that lead and arsenic were common pesticides used at pig farms to keep the bugs down.
Arsenic is 179 ppb, reportable at 50 ppb.
Cadium was not detected.
Chromium 37.1 ppb, reportable at 10.0 ppb
Manganese 135 ppb, reportable 15.0 ppb
Mercury 0.321 ppb, reportable 0.20 ppb
St. Hillaire noted that he will be looking at monitoring wells around the site.
He will also be looking into the status of this site as it is associated with the adjacent and closed Town of Hudson landfill.
St. Hillaire explained the findings could be reportable under the Mass. Contingency Plan.
Dave Petkauskos explained that BFI is already involved. He stated that the excavated material will be found to be solid waste and not hazardous waste.
St. Hiliare stated that upon further work and investigation he may be able to prove the lead/arsenic levels are not reportable. He will keep the Commission informed.
The Commission determined that the work involved with testing for contaminants can be permitted with the Enforcement Order. An Amended Order of Conditions will be required for excavation.
Marty Moran made a motion to confirm the Enforcement Order issued by Katrina Proctor, and additionally allow testing and mitigation, seconded by Paul Byrne with all in favor.
Steve Poole request a minor change to the floodplain alteration and compensation areas approved by the Order of Conditions. He explained that the new owner of lot 5 is planning a house with large footprint. Poole’s request would eliminate the need for a Notice Intent. The Commission agreed with the concept of approving a minor change rather than an official request to Amend the Order of Condition, however, they requested the plans and narrative be submitted for the next meeting for final approval.
2.2 Notice of Intent (DEP 190-456)
Applicant: Lake Boon Commission
Location: Lake Boon (3rd and 4th basins)
Project Description: hand-harvesting and/or benthic barrier control of invasive aquatic plants in Lake Boon’s 3rd and 4th basins. Replant harvested area with native aquatic plants.
Barbara Clancy submitted the green cards; proof of abutter notification.
Barbara Clancy, a Lake Boon resident, prepared the Notice of Intent in consultation with Lycott Associates.
Judy Sabourin stated that she looked at the area.
The proposal falls under the limited project subject to the Wetlands Protection Act regulations 310 CMR 10.53 (4) Notwithstanding the provisions of 310~CMR 10.54 through 10.58, the issuing authority may issue an Order of Conditions for projects which will improve the natural capacity of a resource area(s) to protect the interests identified in M.G.L. c.~131, §~40 (although no such project may be permitted which will have any adverse effect on specified wildlife habitat sites of rare vertebrate or invertebrate species as identified by procedures established under 310~CMR 10.59). Such projects include, but are not limited to, the removal of aquatic nuisance vegetation to retard pond and lake eutrophication and the thinning or planting of vegetation to improve habitat value.
The Lake Boone Commission proposes to hand-harvest or use benthic barriers to control invasive vegetation from small test plots in the 3rd and 4th basins of Lake Boon, and replant these plots with native aquatic plant species transplanted from within these same basins of the lake. They hope to find out whether a healthy population of native plants will slow the spread of the two problem invasive species in the lake (Fanwort and Variable Milfoil). The water lilies are not a target species.
The total area disturbed by harvesting sample plots and transplanting native species will be less than 5000 s.f. (40ft. X 40 ft. sample plots, 1 control and 2 test plots.) Test plots will be located in calm areas away from boats. No herbicide will be used. They will bag and transport invasive species and dispose of them at a landfill or an incinerator. They will be extremely careful not to fragment the plants. The newly planted indigenous plants which will take a year or two to establish.
The plan is to start in September after they have received an Order of Conditions from both the Town of Stow and Hudson.
Misty-Anne Marold spoke of scientific designs and skilled botanists. She recommended barriers to contain fragmented plants. Lyman noted that the divers are highly skilled and knowledgeable of the invasive plants and habits. Dr. Richard King, PHD from Clark University is the project manager and will supervise the operation. He prefers not to use a barrier and uses a practical approach only using the barriers on windy days. There will be one diver in the water and two above the water to oversee potential plant fragments.
Marty Moran made a motion to issue an Order of Conditions for the experimental sample plots with the following conditions:
1) The study design is up to scientific standards and sufficiently replicated.
2) The final design to be submitted to the Conservation Commission.
The motion was seconded by Minot Wood with all in favor.
Conway Wharf expressed concern that the Charter Oaks Golf Course could be contributing to weed growth. It was noted that the Commission receives reports on monitoring wells. Proctor will look for the data and email Conway Wharf.
2.3 Request for Determination of Applicability (HUD #310)
Applicant: James P. Halliday
Location: 17 Temple Ave.
Project Description: erect a black aluminum fence on a portion of this property located on Lake Boon.
Mr. Halliday presented the plan.
Sudbury Cedar Co. will install a metal fence for the purpose of fencing in a dog. When asked about an invisible fence, Mr. Halliday stated that an invisible fence would not keep other dogs out. He stated that his dog does not go into the lake.
The Commission was concerned that the fence could be a potential wildlife barrier. Existing condition include a stone wall at the edge of the water and a lawn. In response to a question from the Commission, Mr. Halliday stated that there are other fences along Lake Boon.
Paul Byrne made a motion to issue a negative determination with the following conditions:
1) The fence post holes must be dug by hand or hand auger.
2) No excavators or heavy equipment on wheels is allowed.
The motion was seconded by Marty Moran with all in favor.
The owner agreed to pull the fence up to allow wildlife movement.
2.4 Notice of Intent (DEP #190-0459)
Applicant: W. Minot Wood
Location: 176 Lincoln St.
Project Description: hand build a block retaining wall more than 25 ft from Danforth Brook.
Minot Wood stepped down as conservation commissioner and appeared before the board as the applicant.
Mr. Wood explained the plan to build a retaining wall in a previously mowed area 25 ft from Danforth Brook. His proposal includes allowing the area shown on the plan to re-vegetate naturally.
Katrina Proctor, Marty Moran and Joe Rodrigues have inspected the site.
Mr. Wood will dig a footing 9” deep. The wall will be approx. 3 ½ - 4 ft. at the highest point.
The Commission found the proposal to construct the wall and allow the 25 ft. riverfront area to naturally re-vegetate would be an improvement to the existing conditions of the site whereas the area is mowed to within approx. 10 ft. of the river.
Marty Moran made a motion to issue an Order of Conditions with the Commission’s standard special conditions for single homes, seconded by Misty-Anne Marold with all in favor.
2.5 Notice of Intent (NO DEP # issued yet)
Applicant: Michael & Karen Sanford
Location: 10 Herman Circle
Project Description: 26’ X 40’ addition within the Flood Plain.
Mr. Sanford noted that he purchase the property upon a foreclosure. The property had been abandoned for years. He cleared the property considerably by removing approximately two or three 10-wheeler truckloads of tires and debris.
The proposal is to construct an addition with garage under within the Flood Plain. He has a variance request before the Zoning Board of Appeals.
The Commission reviewed the plans prepared by Zanca.
Marty Moran made a motion to issue an Order of Conditions pending issuance of the DEP file number, for 10 Herman Circle per the plan dated 6/27/05 with the standard conditions for single family homes, since the proposal is substantially at the level of the existing ground and therefore any loss of flood storage will be insignificant. The motion was seconded by Minot Wood.
Vote was taken:
Paul Byrne in favor of the motion
David Esteves in favor of the motion
Misty-Anne Marold in favor of the motion
Marty Moran in favor of the motion
Minot Wood in favor of the motion
Judy Sabourin abstained.
Vote 5-0-1 motion carried.
2.6 Request for Determination of Applicability (HUD #311)
Applicant: Frederick Bains
Location: 24 Brigham St.
Project Description: Removal of trees.
Mr. Bains described the property. The Commission was familiar with the property.
There are 33 trees in the area. Mr. Bains is concerned that storms could cause some of the trees to fall. His request is to remove four trees, two of which are near to the house and unhealthy and two which are dangerous. The trees will be cut by hand. A boom would not be able to get into the area. He will stay away from the stream and minimize damage to other trees.
Paul Byrne made a motion to issue a negative determination with the following condition:
1) The trees will be cut by hand.
2) Stay 25 ft away from the brook.
3) Hand inspection of trees to determine whether any birds are nesting. If so wait to cut until the young have fledged.
The motion was seconded by Minot Wood with all in favor.
2.7 Continuance Notice of Intent (DEP #190-0458)
Applicant: Jonathan Green
Location: 20 Lakeside Ave.
Project Description: Remove existing 785 s.f. camp and construct new 1520 s.f. (footprint)
3 bedroom house, sewage disposal system and 12’ wide paved driveway within 100’ Buffer
Zone. There are no impacts to BVW.
Tom DiPersio summarized the proposal for members of the Commission who were not at the last meeting. Revised plans were submitted one week ago. The revisions include mitigation of the bank. They propose to flatten the grade and vegetate with native shrub species. It was noted that the abutting properties have retaining walls at the lake front. This proposal mitigates an existing degraded condition. The bank is undermined by wave action. They propose to place rocks/small boulders along the bank.
In response to the Commission’s request the reviewed potential alternatives to move the house away from the lake. There were several reasons why this was not possible. One is that if the house was moved back the house could not meet zoning setbacks. The lot is pre-existing non-conforming and they do not feel that the Zoning Board of Appeals would approve. In addition the sewage disposal system at house #18 Lakeside Ave. has been located and added to the plan. A 20 ft. offset is required to any foundation. There is also a 50 ft. offset required from the sewage disposal system to the lake. 10 ft. is required as an offset to the slab and 20 ft. for a full foundation.
The Commission requested a specific planting plan to be submitted. It was suggested that Proctor provide the engineer with the planting plan for 8 Elizabeth Dr.
Below the deck will be pervious.
The stones at the bank will be “1-man stones” i.e. no more than 70 lbs.
The slopes will be stabilized with mulch for the 1st year.
Marty Moran made a motion to close the hearing and issue an Order of Conditions with the town of Hudson’s standard conditions and following special conditions:
1) the applicant must submit a planting plan which must meet the approval of the Conservation Commission and/or its Agent.
2) Stones used for stabilization of the bank must be 70 lb/1man stones.
3) Erosion controls must be installed before the house is demolished.
The Motion was seconded by Minot Wood.
Vote was taken:
Paul Byrne in favor of the motion
David Esteves in favor of the motion
Misty-Anne Marold in favor of the motion
Marty Moran in favor of the motion
Minot Wood in favor of the motion
Judy Sabourin abstained.
Vote 5-0-1 motion carried.
2.8 Continuance Notice of Intent (DEP #190-455)
Request to Continue to 8/18/05
Applicant: Empire Management Corp.
Location: 62 Coolidge Street
Project Description: The project consists of the replacement of an Oil/Water Separator, the installation of 2,000 gallon underground industrial wastewater holding tank and the addition of two, car storage areas, to the existing automotive dealership. The proposed car storage areas will add approximately 11,000 S.F. of impervious area to the site.
Katrina Proctor noted that she informed the applicant that a continuance hearing would be necessary since the Commission’s policy requiring submittal of new information 1 week in advance of the meeting was not met. In addition, the engineer agreed to prepare a submittal package to the town’s consultant which has not been submitted. Proctor emailed a copy of Hudson’s Rules and Regs for hiring a consultant which must be signed by the applicant prior to authorization of the review. The Commission agreed to Proctor’s suggestion to use SEA Consultants who is the consultant to the Planning Board.
The applicant submitted a letter requesting a continuance to August 18, 2005.
Marty Moran made a motion to continue the hearing to August 18, 2005, seconded by Paul Byrne with all in favor.
2.9 Continuance ANRAD (DEP # 190-0443)
Applicant: Jed Hayes, SullivanHayes
Location: 0 Coolidge St.
Note: Revised plan has been submitted 7/14/05
Marty Moran made a motion to approve the ANRAD contingent upon the approval of the Commission’s consultant David Burke, seconded by Paul Byrne with all in favor.
2.10 Continuance Notice of Intent (DEP #190-0460)
Applicant: William Glynn, Trustee Rivers Edge Realty Trust
Location: Rivers Edge Drive
Project Description: construction of subdivision stormwater control facilities within the Buffer Zone of Bordering Vegetated Wetlands.
Engineer Steve Poole of Consolidated Design informed the Commission that he expects the Planning Board will approve the project on September 6, 2005.
The issue of side walks was discussed. Proctor stated that Jennifer Burke has informed her that the Planning Board will make the side walks a condition of any approval.
DEP commented in their letter that there needs to be clarification of the replication area. The replication area was shown as an area in a previous filing. The Commission was not able to find a plan requiring the replication area and therefore will not require construction. Marty Moran asked that the replication area be taken off the plan.
Marty Moran made a motion to close the hearing and issue and Order of Conditions for DEP 190-460 with the standard special conditions for subdivisions and contingent upon new revised plans removing the replication area from the plan. The motion was seconded by Minot Wood with all in favor.
Billy Glen discussed the possibility of placing a Conservation Restriction on the open space parcel or donating the land. Misty-Anne Marold indicated she would investigate.
3.0 Work Session
3.1 Minutes
3.1.1 July 21, 2005 – tabled.
3.2 Vouchers
3.2.1 Reimburse Misty-Anne Marold for printing costs for copies of the new Wetlands Protection Act regulations for each commissioner.
3.3 Planning Board Request for Comments – 43 Brigham Street – preliminary subdivision plan. The Commission reviewed the plans. Proctor noted that she previously met in an informal meeting with Fossile, Jennifer Burke and Linda Ghiloni. At that time she felt the project was unpermittable due to wetland filing over 5000 s.f. Wetland filing is permitted for access to uplands; however, it is a discretionary permit. Katrina Proctor will speak to DEP and then provide comments to the Planning Board on behalf of the Commission.
3.4 Certificate of Compliance –
3.4.1 DEP 190-423 1 Falls Brook Rd.
3.4.2 DEP 190-422 3 Falls Brook Rd.
Proctor and Moran noted that the replication areas are well established and recommends issuance of the Certificates of Compliance. Esteves was concerned that trees were killed and that there is $5000.00 in a bond for replacement of the trees. Proctor was instructed to investigate this before the issuance of the Certificate of Compliance.
3.5 Enforcement Order- 2, 4, & 6 Riffles Lane to Ansari Builders – Proctor updated the Commission that the developer is in the process of installing the additional culvert pipe as was approved in the Order of Conditions. Farooq Ansari is trying to complete all necessary items to meet the Planning Board deadline in order to gain their approval to place an article on the Town Warrant for the Fall Town Meeting.
3.6 Misty-Anne discussed vernal pools with regard to the WPA regulations. There may be changes coming with regard to all vernal pools getting buffer zone protection. Misty-Anne recently became a consultant for the Natural Heritage and Endangered Species Program and this is giving her a lot of experience working with the Wetlands Protection Act.
3.7 DPW request to remove a fallen tree in the Assabet River, off of Wheeler Rd. Tony Marques feels this is necessary to remove the tree so that in the future the bridge abutment on Forest Ave. does not get damaged.
David Esteves made a motion to approve the removal of the tree, seconded by Marty Moran.
Vote was taken:
Paul Byrne in favor of the motion
David Esteves in favor of the motion
Marty Moran in favor of the motion
Judy Sabourin in favor of the motion
Minot Wood in favor of the motion
Misty-Anne Marold abstained.
Vote 5-0-1 motion carried.
4.0 Correspondence
5.0 Pending
5.1 Bolton Conservation Commission email/map re: gift of land
5.2 Create an Order of Conditions inspection sign off card.
6.0 Advertisements and Conferences
7.0 Commentary
8.0 Adjournment – Marty Moran made a motion to adjourn the meeting at 10:05 pm, seconded by Paul Byrne with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
| 
