minutes approved on 11-03-05
Minutes 10/20/05
Page 1 of 5
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
October 20, 2005, 7:00 P.M.
1.0 Preliminaries
1.1. Marty Moran opened the meeting at 7:00 PM.
1.2. Members Present: Chairman Marty Moran, David Esteves, Misty Anne Marold, Joe Rodrigues and Judy Sabourin. Katrina Proctor, Conservation Agent was also present.
Absent: Paul Byrne and Minot Wood.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments 7:00 P.M.
2.1 Notice of Intent (DEP #190-466) No DEP Comments.
Applicant: Evergreen Homes
Location: (Lot 60 & 61) Lakeshore Dr./Lower Rd.
Project Description: Construction of a single family house.
Tom DiPersio Sr., Thomas Land Surveyors explained that he will request a continuance because all permits are not in hand and/or applied for per the Wetland Protection Act. The project will need the approval of the Planning Board to use the paper street for driveway access. The Planning Board will discuss this on November 15th. Mr. DiPersio stated that he just became aware that Planning Board approval was necessary. The Building Inspector has determined that the lot meets frontage and area requirements and referred DiPersio to Tony Marques, DPW Superintendent for driveway approval. Tony Marques signed off on the driveway. B & C Associates delineated the wetlands. The proposed house will be served by town water and town sewer.
There was discussion regarding the long length of the driveway. The Commission required the riverfront area to be shown on the plan. It was noted that the wetlands have flooded up to the street due to beaver activity. Abutter Lawrence Norris stated that the town has been working on removing the beaver dams. It was noted that the Commission has not received any applications for dam removal in this area.
A site visit was scheduled for Wednesday, October 26 at 5:30/5:45 PM.
Lawrence Norris, abutter to the project site stated that he is in favor of the proposal.
Mr. Malloy, abutter/owner stated that in 1957 his father purchased the original home and land and then put up 2 more houses. He explained that his mother owns the property. There are three (3) houses in a row and this proposal is the last house. It was noted that the Town of Hudson owns two (2) abutting lots which are very wet. In the past, the Town would not sell the lots to the Malloy’s.
Mr. Malloy also noted that the beavers are destroying the dam in Marlborough, creating more wetlands and mosquitoes.
The Commission asked the engineer to stake the house and centerline of the driveway.
Marty Moran made a motion to continue the hearing on November 17th, seconded by Joe Rodrigues with all in favor.
2.2 Continuance - Notice of Intent (DEP #190-457) DEP Letter stated “WORK ASSOCIATED WITH THE BRIDGE OVER THE BORDERING VEGETATED WETLAND SHOULD BE DESCRIBED IN GREATER DETAIL TO DEMONSTRATE COMPLIANCE WITH PERFORMANCE STANDARDS PURSUANT TO 310 CMR 10.55. COMMISSION SHOULD EVALUATE WHETHER WORK IS PROPOSED WITHIN BORDERING LAND SUBJECT TO FLOODING (100 YEAR FLOODPLAIN) (310 CMR 10.57).”
Applicant/Owner: Todd Marsh, Paramount Construction
Location: Coolidge Street Map 19 Parcels 214 & 215
Project Description: Construction of a retail store, associated parking lot and retaining walls within the Buffer Zone of Bordering Vegetated Wetlands.
New plans received 10/13/05.
The plan was reviewed by the Commission. Steve Poole explained that he addressed the comments in DEP’s comment letter (noted above). There is no flood plain (Bordering Land Subject to Flooding) on the property. FEMA Maps were provided as evidence. The Flood elevation in this vicinity is at elevation 233. Regarding DEP’s comment on performance standards for Bordering Vegetated Wetlands, Poole provided details of the pre-manufactured bridge. The pilings for the bridge will be outside the BVW. It was noted that the snow storage note on the plan was inadvertently moved behind the fence, which is of great concern to the Commission. Steve Poole will revise the plan placing the snow storage area in front of the fence. It was noted
that the retaining wall varies in height from 1 ft. above grade to 4 ft. high in the corner. As requested, Steve Poole will add the details of the snow fence to sheet 1 as well as keeping the details on sheet 2. The Commission again asked that the Operation & Maintenance Plan be provided in a separate document. Proctor reported that she followed up with DPW asking for information regarding their review of drainage for the Planning Board. DPW submitted a letter stating that the increased runoff from the development is being mitigated properly and that the design meets the stormwater requirements set forth by the Federal Phase II requirements. A phase II permit is required by the DEP and EPA.
As stated at the last meeting it was noted that the Planning Board had voted to issue a site plan review, however, it was subsequently discovered that the abutters in the condominium association were not notified so the hearing will be reopened on November 1st. After the Planning Board decision is issued, the applicants will request a variance from the Zoning Board for work within the 25 ft. Water Protection District.
Misty-Anne Marold made a motion to have the Commission’s consultant review the stormwater calculations, seconded by David Esteves. There was discussion on the motion.
Esteves and Marold reminded the Commission that the abutters were very concerned about drainage and that consultant review of the stormwater management policy is routine for the Commission. Joe Rodrigues and Marty Moran expressed that they did not believe the review is necessary.
Vote was taken.
Misty-Anne Marold voted in favor of the motion.
David Esteves voted in favor of the motion.
Judy Sabourin voted in favor of the motion.
Marty Moran voted in opposition of the motion.
Joe Rodrigues voted in opposition of the motion.
Vote 3-2-0 Motion carried.
Steve Poole will submit a package to SEA Consultants. Proctor reminded Poole of the
Hudson Rules and Regs.
The Commission discussed special conditions to include the Operation and Maintenance Plan to be attached to the conditions and remain in effect in perpetuity.
The owner plans to begin construction in the Spring.
Marty Moran made a motion to continue the hearing to November 3rd at 7:00 PM, seconded by Misty-Anne Marold with all in favor.
2.3 Consolidate Design has requested a continuance to Nov. 3rd to
address an alternative crossing proposal and prepare a draft wetlands replication planting
protocol)
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 briefly showed the Commission a “working plan” which includes relocating the driveway and wetland crossing. The plan was not submitted, however, Commission did prefer the new plan.
Marty Moran made a motion to continue the hearing to November 3rd per the written request, seconded by Joe Rodrigues with all in favor.
2.4 Request for Determination (HUD #317)
Applicant: Rivers Edge Realty Trust
Location: Lot 3 River’s Edge Subdivision
Project Description: to construct a single family house on the lot, including a portion of the access driveway on site grading within the buffer zone of bordering vegetated wetlands. Also, there are drainage facilities on the lot related to the proposed subdivision roadway which are covered by a separate Order of Conditions. Erosion controls approved for the subdivision will also be utilized for this lot.
Steve Poole presented and submitted a new plan. There is a 50 ft. no disturbance zone. There was discussion regarding a permanent visible limit of work boundary along the 50 ft no disturb zone.
Marty Moran made a motion to issue a negative determination with the following special condition:
The applicant/owner must install a permanent visible barrier along the 50 ft. no disturb zone. The detail and type of barrier must be submitted to the Conservation Commission and meet their approval.
The motion was seconded by Joe Rodrigues with all in favor. Motion carried.
3.0 Work Session
3.1.1 Marty Moran made a motion to accept the minutes of October 6, 2005 as corrected, seconded by Judy Sabourin with all in favor.
3.2 Vouchers – #CC-03 SEA Consultants (Grace Baptist Church - $979.02), (Colonial Dodge $2015.00 & $ 985.00) David Esteves made a motion to pay the above vouchers from the consultant account, seconded by Joe Rodrigues with all in favor.
3.2.1 FY’07 Budget – Marty Moran submitted narrative regarding a request for funds for conservation land management. Proctor will find out if the Commission’s “Conservation Fund” has been specifically earmarked for land purchase.
3.3 Tripp’s Pond – Proctor informed the Commission that Dick Cadwgan has submitted photographs and filed concern about the stormwater overflow from River Street into Tripp’s Pond. Proctor will work with Rodrigues and Tony Marques to evaluate the problem.
3.4 Sign the Order of Conditions for Grace Baptist Church (DEP 190-465) – (Signed)
3.5 Sign the Certificate of Compliance for 1 & 3 Falls Brook Rd. DEP #190-422, 190-423 (Signed)
3.6 Discuss the Mass Hwy. job – Proctor updated the Commission on her site visit and subsequent discussions with Glen Krevosky, wetland consultant for Mass. Hwy. Some larger size rock has been added to the stilling basin. The small rip-rap which was not called for on the plan is chinked in and has grass has stabilized the area. Krevosky recommends that this stone be allowed to remain and feels it is adequate. During recent heavy storm events the rock has remained in place. Street sand and sediment has returned to the wetland area where the area was previously mitigated with removal of sediment and phragmites. Krevosky believes the Town’s catch basins are carrying sediments into the area. Proctor spoke to Tony Marques and Bob
LaBossiere on this matter. Proctor will work with DPW to eliminate point source discharges. The Sauta Farms project and Fire House II were noted as potential sources. Joe Rodrigues recommended that all low points on any street in town should have the catch basins cleaned more often.
3.7 PC Creams – The Commission noted that the parking lot at PC Creams is being dug up and there are wetlands in the back. Proctor will investigate and if work is within the 100 ft. Buffer Zone a permit will be required.
3.8 Portuguese Club – It was noted that Albert Sousa is working close to the Assabet River at the Portuguese Club. Proctor will check the existing Order of Conditions for compliance. Marty Moran will perform a site visit.
3.9 Sauta Farms – It was noted that the pond was full on Monday. Proctor will contact Jack Sargent and ask him to enlarge the temporary pond. The pond is full with silt and it is not percolating. It was noted that there are no erosion controls around the huge sand and gravel as required by the plan. Casacelli Trucking has been hauling the loam off-site. It was noted that the construction entrance on Main Street needs 3” rip rap. Proctor will speak to Jack Sargent on these matters.
4.0 Correspondence
4.1 Request for Departmental Action Superceding Order of Conditions (Colonial Dodge) – Noted.
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 Philadelphia, PA 12/10 – 12/14.
7.0 Commentary
8.0 Adjournment – Marty Moran made a motion to close the hearing at 9:30 PM, seconded by David Esteves with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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