Minutes approved on 10-6-05
Minutes of 9/15/05 Page 1 of 7
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Martin Moran, Chairman Paul Byrne, Vice-Chairman Judith Sabourin, Clerk
David Esteves, Member Misty-Anne Marold, Member Joseph Rodrigues, Member W. Minot Wood, Member
Minutes
September 15, 2005, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 PM
1.2. Roll Call: Vice Chairman Paul Byrne, Clerk Judy Sabourin, Members David Esteves, Misty-Anne Marold, Joe Rodrigues, and Minot Wood. Conservation Agent Katrina Proctor was also in attendance. Absent: Chairman Marty Moran.
1.3. Additions or deletions to the agenda
1.4. Agent Report
2.0 Hearings and Appointments 7:00 P.M.
2.1 Tony Marques, DPW Director to discuss Danforth Woods water survey
Paul Byrne stated that in a recent site visit at the Conservation Land at Danforth Woods, he and Proctor came upon an engineer survey crew investigating the property for the Water Department. The Commission asked Marques to attend a meeting to explain the intentions of the Water Department. Marques explained that the Town is investigating additional water supply and has received additional funding for bedrock sites. Infrared photography has assisted with identifying potential well sites. In the first phase of this project, ENSR has identified 10-12 feasible sites in the report dated March 2004. Dufresne and Henry is working on the second phase of the project. They are investigating the direct locations of the potential sites. The first choice is Gates Pond. They
have done some drilling there. Danforth Woods is the second choice. Marques explained that he did not know the consultants were going to Danforth Woods and apologized that the Commission was not informed. Misty-Anne Marold requested copies of the studies by ENSR and Dufresne Henry. Marques stated that he would provide the information to the Commission.
Marques stated that all the departments in town are “in this together”. He proclaimed that part of conservation is water supply and that a decision will be made at some point, if it is necessary, to use Danforth Woods for a water supply.
Judy Sabourin asked if the town could sustain this growth. Discussion ensued.
Marques noted that the town has a voluntary water ban. He stated that the town needs to know what is the future need for water supply given the build-out analysis.
Judy Sabourin asked Marques knows whether the town is considering slowing growth. Marques stated that this effort would come from the planning level and noted it is difficult to slow growth with the Chapter 40 B’s (Affordable Housing Developments). Marques explained that his involvement is to the water supply and wastewater treatment.
The Commission asked about whether the closed Rimkus well would be put back into service. Marques stated that ENSR discounted this option because the cost of removing the manganese and iron and the yield would not be economically feasible. The military base was also investigated however the yield was not sufficient.
2.2 Informational Meeting with Thomas DiPersio representing Mrs. Santos re: Concept Plan for Houghton St. (Firehouse Seafood) - Location: along Danforth Brook/Tannery Brook behind TC Landos.
Tom DiPersio explained that he wanted to run preliminary plans by the Commission for initial reactions to the project. DiPersio met with Katrina Proctor who brought the Town Planner and Administrative Assistant together for a meeting to discuss plans and initiate cooperation given that the Town has applied for the Urban River Vision Grant. The grant proposal is for construction of a 5 foot wide canal walk and a along the western edge of Tannery Brook from Main Street to the public parking lot located behind Aubuchon’s. These conceptual plans include a deck over the brook for a café.
Firehouse Seafood would like to work with the Town and Conservation Commission in conjunction with the Town’s plans for the “River Vision”. The Town has been working with the current property owner to obtain an easement on this property. Firehouse Seafood has expressed interest in working with the town. As a prospective buyer they would like to build a 2-story building with outdoor dining and parking. . The property falls within the riverfront area and flood plain. Tom DiPersio stated that he recognizes that that they have the burden to prove that a proposal can conform to the regulations. He also noted the opportunity for stormwater management.
2.3 Request for Determination (HUD #314)
Applicant: Carolyn Sacchiero
Location: 63 Fort Meadow Dr.
Project Description: build a pre-fab 10' X 8' solar shed/greenhouse with floor on a level surface with gravel and cement blocks.
Ms Sancchiero explained the proposal for a garden tool shed. This is a prefab shed which will come in parts. The owners will assemble it on location. There is a drainage easement on the property; however, the shed will be located outside of the easement. At the closest point, the shed is proposed 9 ft. from the lake. The property has a steep slope down toward the lake. The owners propose the shed to be place on the flattest area which is about 19 ft. from the lake. There will be no digging involved in the shed placement as the proposed area is flat.
Minot Wood made a motion to issue a negative determination, seconded by Joe Rodrigues with all in favor.
2.4 Continuance Hearing
Notice of Intent (DEP #190-455)
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.
Also in attendance: Brian Lafferty, Owner of Empire Management Corp.
Brandon Ducharme Engineer, Ducharme and Wheeler
Gerald Buzanoski Engineer (drainage), Ducharme and Wheeler
Minot Wood asked "what is the Barnstable Method?" Gerry Buzanoski stated that it has been around along time and is an application rate for stormwater to soil. Brian Lafferty also explained the method stating that it is used for all sand soils with 2 minute per rates or less. It determines how much leaching capacity there is. Minot Wood asked for a copy of the Barnstable Method drainage document. Buzanoski said he would send the document to the Conservation Commission Office.
Brandon Ducharme stated that he provided the Commission with information they have requested; Operation and Maintenance Plan in a new document, the berm has been added, snow storage area and have submitted new drainage calculations to the Commission’s consultant. Ducharme stated that with regard to turtle habitat there is no way to add a berm and he doesn’t feel there is an issue. He recommended that if the Commission wants they could add a condition. Brandon Ducharme recommended the Commission approve an Order of Conditions pending agreement with the Commission’s consultant Al Wells of SEA Consultants. The Conservation Commission was not comfortable with issuing an Order of Conditions without the Commission’s consulting having the opportunity to
review the new information submitted yesterday. The Commission suggested that the applicant continue the meeting to October 6th. The applicant was not willing to continue the meeting. The Commission explained that it would be likely the Commission would deny the project for lack of information. The applicant still was not willing to continue the meeting.
Paul Byrne made a motion to close the hearing seconded by Misty-Anne Marold with all in favor.
Paul Byrne made a motion to issue a Denial of the Order of Conditions, seconded by Misty-Anne Marold with all in favor.
2.5 Continuance Hearing
Abbreviated Notice of Resource Area Delineation (DEP #190-462)
Request for Continuance
Applicant: Grace Baptist Church
Representative: Beals Associates Inc., Cynthia O’Connell
Cynthia O’Connell stated that SEA Consultants were very efficient in the review of their project and offered a great recommendation.
SEA confirmed the delineation as accurate.
Paul Byrne made a motion to close the hearing, seconded by Minot Wood with all in favor.
Paul Byrne made a motion to issue an Order of Resource Area Delineation confirming the delineation as accurate, seconded by Minot Wood with all in favor.
2.6 Continuance Hearing
Notice of Intent (DEP 190-463)
Applicant: David J. Quinn
Project Description: construction of a gravel access driveway from Old North road to the proposed building site of Lot #2, including work in the Buffer Zone and a “limited project” wetland crossing.
Steve Poole and Dave Crossman were present. Dave Crossman of B& C Associates was recently hired to serve as wetlands consultant for the applicant. Crossman has recommended the relocation of the replication area due to hydrology, oaks significant in size will be saved by this relocation. DEP recommended removing the sump from the wetland in their letter issuing the file number. Steve Poole is redesigning the crossing removing the sump from the wetland. In addition the amount of alteration is reduced. Misty-Anne Marold suggested open bottom box culverts for the wetland crossing. Poole will consider changes and improvements to the design.
The Commission requested that the replication area be staked out by the engineer as well as the limit of work for the entire wetland crossing.
Paul Byrne made a motion to continue the meeting to October 6, 2005, seconded by Minot Wood with all in favor.
2.7 Request for Determination (HUD #316)
Applicant: Paramount Construction
Location: Lot 2 Coolidge St.
Project Description: Removal of existing concrete retaining wall that was the spill containment for the old storage tanks, in order to access and excavate approximately 20 +- cubic yards of surficial soil that contains petroleum products within the soil matrix. etc.
Engineer Steve Pool of Consolidated Design explained plans for removal of contaminated soil caused by above ground oil tanks which have been removed from the property. The project will be under the supervision of Enstrat. The concrete retaining walls will stay in place and approximately 20 cubic yards of contaminated soils will be removed off-site and hauled away the same day. Enstrat did the original 21 E assessment and tested the soils in several locations.
Minot Wood made a motion to close the public hearing and issue a negative determination with the following conditions:
All excavated materials shall be removed off-site and hauled away the same day.
The motion was seconded by Paul Byrne with all in favor.
2.8 Request for Determination (HUD # 315)
Applicant: Construction Resources, Inc.
Location: Lot 7 Elaine Circle
Project Description: construction of a single family house, including grading, landscaping, utilities and septic system, portions of which are in the buffer zone of a Bordering Vegetated Wetland.
The house, septic system and utilities are all outside the Buffer Zone. Only the proposed grading is within the Buffer Zone. Misty-Anne Marold expressed concern that the proposed grading is to create a large yard and is unnecessary. She pointed out that the Commission has been very reasonable in approving projects for necessary grading. She noted that this lot has a lot of available space for a yard area and finds this request unnecessary.
Paul Byrne made a motion to close the public hearing seconded by Minot Wood with all in favor.
Misty-Anne Marold made a motion to issue a negative determination with the condition that all grading stay out of the 100 ft. Buffer Zone.
Vote was taken.
Misty-Anne Marold voted in favor of the motion.
Judy Sabourin voted in favor of the motion.
David Esteves voted in favor of the motion.
Paul Byrne voted in opposition of the motion.
Joe Rodrigues voted in opposition of the motion.
Minot Wood voted in opposition of the motion.
3-3-0 Motion did not pass.
Paul Byrne made a motion to allow the top of slope to be 25 ft. from the house, seconded by Minot Wood.
Vote was taken.
Paul Byrne voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Minot Wood voted in favor of the motion.
Misty-Anne Marold voted in opposition of the motion.
Judy Sabourin voted in opposition of the motion.
David Esteves voted in opposition of the motion.
3-3-0 Motion did not pass.
Misty-Ann Marold made a motion to issue a negative determination with the following condition:
The toe of slope must be a minimum of 75 ft. from the wetland.
The motion was seconded by Paul Byrne with all members in favor of the motion. Motion carried.
2.9 Notice of Intent (No DEP # issued yet)
Applicant: David Petkauskos (Construction Resources Inc.)
Location: Lot 9 Elaine Circle
Project Description: construction of a single family house, including site grading, septic system, landscaping, driveway and utilities, portions of which are within the Buffer Zone of Bordering Vegetated Wetlands.
It was noted that no DEP number has been issued yet. Steve Poole Consolidated Design Group explained the proposal. The Commission requested a plan revision changing to a front entry garage which will reduce amount of alteration in the Buffer Zone. Poole will submit a revised plan.
Paul Byrne made a motion to continue the hearing to October 6, 2005, seconded by Misty-Anne Marold with all in favor.
3.0 Work Session
3.1 Minutes
3.1.1 September 1, 2005 - Judy Sabourin made a motion to approve the minutes, seconded by Paul Byrne with all in favor.
3.2 Vouchers – Mail Cart $298.00 and Annual Dues for MSMCP $20.00 - Chairman will sign.
3.3 Certificate of Compliance
Katrina Proctor updated the Commission on her site visit performed to make a recommendation on planting trees to replace those which died during construction. Proctor recommended that there was no available or reasonable place for the planting of 3 trees as required by the Commission. Proctor continued that the developer has already planted trees along the grassy strip between the replication area and Falls Brook Rd. As previously acknowledge by the Commission, the wetland replication area is established and it is not recommended to disturb that area for tree planting.
Minot Wood made a motion that in light of the fact that there is a condition on the “Order” requiring the developer to put $5000 in a bond to cover the loss of any trees and that several trees have died and now the recommendation that no replacement trees be planted, the Commission ask the developer to donate money to the DPW or Conservation Commission to use on other town property. The motion was seconded by Misty-Anne Marold with all in favor.
3.3.1 DEP #190-423 – 1 Falls Brook (Lot 17) Paul Byrne made a motion to issue the Certificate of Compliance, seconded by Misty Anne-Marold with all in favor.
3.3.2 DEP #190-422 – 3 Falls Brook (Lot 16) Paul Byrne made a motion to issue the Certificate of Compliance, seconded by Misty Anne-Marold with all in favor.
Paul Byrne made a motion to release the $5000.00 bond money held for these lots the Order of Conditions, seconded by Misty Anne Marold with all in favor.
3.4 Request for Extension – DEP 190-304 One Cabot Road, LLC - Misty-Anne Marold made a motion NOT to issue an Extension Permit for DEP 190-304, seconded by David Esteves with all in favor.
3.5 Planning Board Request for Review and Comments – Lot 1 & 2 Coolidge St.
4.0 Correspondence
5.0 Pending
5.1 Enforcement Order River’s Edge Zina Farms (DEP 190-0440)
5.2 Create an Order of Conditions inspection sign off card.
6.0 Advertisements and Conferences
6.1 American Public Health Association Annual Meeting/New Orleans - Rescheduled to Philadelphia, PA due to “Hurricane Katrina” December 10 – 14th.
7.0 Commentary
7.1 Check erosion control plan for Sauta Farms
7.2 Require a Request for Determination on Wheeler/Forest Ave property.
8.0 Adjournment – Paul Byrne made a motion to adjourn the meeting at 10:00 PM, seconded by Misty-Anne Marold with all in favor.
Minutes respectfully submitted by:
Katrina Proctor, Conservation Agent
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