minutes approved on 12-15-05
Page 1 of 6
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
November 17, 2005, 7:00 P.M.
1.0 Preliminaries
1.1. Acting Chairman Paul Byrne opened the meeting at 7:00 P.M.
1.2. Roll Call: Vice Chairman Paul Byrne, David Esteves, Misty-Anne Marold, Judy Sabourin, Joe Rodrigues, Minot Wood. Also in attendance Conservation Agent Katrina Proctor. Marty Moran arrived late.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments 7:00 P.M.
Minot Wood made a motion to allow Paul Byrne to act as Chairman this evening in the absence of Chairman Marty Moran, seconded by David Esteves with all in favor.
2.1 Todd Niemi - Eagle Scout Project (Danforth Woods)
Todd explained his Eagle Scout project would involve organizing scouts to repair the eroding trails at Danforth Woods. He proposes the installation of water bars across the trails at specific locations. With the Commission’s approval the project will be completed in two (2) weekends in the spring.
Katrina Proctor initially she reviewed Danforth Woods with Paul Byrne to look at potential projects for the site. She then walked Danforth Woods with Todd Niemi and discussed potential projects. Todd then selected this project and prepared an Eagle Scout Project Report. Proctor met and reviewed the project report and made a few suggestions. Todd has made revisions and is seeking Commission approval.
Paul Byrne made a motion that Proctor review, approve and sign off on the project, seconded by Joe Rodrigues with all in favor.
2.2 Continuance Hearing - Notice of Intent (DEP #190-466) No DEP Comments.
Applicant: Evergreen Homes
Location: Lakeshore Dr./Lower Rd.
Project Description: Construction of a single family house.
Tom DiPersio Sr, Thomas Land Surveyors explained that they have been to the Planning Board with the same plan. Chairman Bob D'Amilo brought out an old development plan from 2003. There was a letter from Jeff Wood Building Commissioner which deferred any concerns with access to Tony Marques, DPW Director. Tony Marques has since signed off approving this plan. The Planning Board has continued the hearing. Mr. Malloy, owner has just received a new letter from Jeff Wood which states the project does not need approval from the Planning Board.
Mr. DiPersio presented a new plan which shows the 200 ft. Riverfront Area and the FEMA flood zone.
The Commission requested a copy of the plan for the file.
Misty-Anne Marold made a motion to close the hearing and issue an Order of Conditions.
Vote was taken
Misty-Anne Marold in favor of the motion.
Paul Byrne in favor of the motion.
Judy Sabourin in favor of the motion.
David Esteves in favor of the motion.
Joe Rodrigues in favor of the motion.
Marty Moran in favor of the motion.
Minot Wood abstained from the motion.
Vote 6-0-1 motion carried.
2.3 Continuance Request for Determination of Applicability (HUD#318)
Applicant: Bruce Lafreniere
Location: 85 Fort Meadow Dr.
Project Description: (After-the-fact filing) A 12’ X 12’ shed was built on a cement pad and 10 trees were cut within 100 ft of Fort Meadow Reservoir without a permit.
A site visit was held by Judy Sabourin, Marty Moran, Joe Rodrigues and Agent Katrina Proctor. It was reported that 10 trees were cut down in the Buffer Zone. The Commission noted a problem with erosion caused by water coming down the hill and actually creating a channel to the lake. It was also noted that the beach area has too much sand in depth as well as it extends too far into the water and the “unnatural” shoreline is observable. The Commission recommended some of the beach sand be removed and required a replanting plan to include some trees and shrubs. Mr. Lafreniere stated that he is planning a new house on this property. The Commission said that there will need to be an engineered plan for the new house construction. Lafreniere said that he has an
engineer working on the plan.
Misty-Anne Marold made a motion to continue the meeting to December 15th at 7:00 PM seconded by Joe Rodrigues with all in favor.
2.4 Request for Determination of Applicability (HUD#319)
Applicant: Thomas Otenti
Location: 81 Fort Meadow Dr.
Project Description: removal of 4 trees along the shoreline of Fort Meadow Reservoir and install 3 shrubs.
Thomas Otenti explained that he wants to cut 2 trees on the lakefront and 2 trees that set back. He explained that the purpose of this is for a better view of the lake and because the trees are very close and strangling each other out. He noted that there will still be 2 trees remaining on the lakefront.
Marty Moran stated that he does not feel cutting the trees will affect the lake much. There is a south facing beach. Marty continued that he would like to see more shrubs planted along the shoreline.
Misty-Anne Marold stated that in her opinion cutting the trees is not necessary and is not convinced that there is a reason to approve this.
Marty Moran said he does not feel the trees offer enough support to wetland values to deny the project. In his opinion alternative plantings would be a good replacement.
Joe Rodrigues stated that he is okay the project and Marty’s recommendations.
Marty Moran made a motion to issue a negative determination with the provision that the owner replant with shrubs.
Paul Byrne stated that he would like a replanting plan prior to approval.
Marty Moran suggested that the Conservation Agent pull the planting plan approved for the filing at 8 Elizabeth Road for the next meeting.
Paul Byrne made a motion to continue the meeting to December 1, 2005, seconded by Marty Moran. Vote: 6-0-1 Minot Wood abstained. Motion carried.
2.5 Joe Monteiro, Portuguese Club, Port St., Enforcement (Violation of Order of Conditions)
In attendance was Joe Monteiro representing the Portuguese Club and Dave Zanca of Zanca Surveyors.
The Commission requested the applicant to appear before the Commission for a violation of the Order of Conditions. The approved plans do not include the recently installed patio and the tree cutting. Judy Sabourin stated that the tree cutting that occurred without the approval from the Commission was horrifying. A Site visit was performed by Judy, Joe, Marty and Katrina. At that site visit the 150+ year old tree stumps were still there. These trees were cut within the Riverfront Area without the approval of the Commission. Joe Monteiro stated that 6 weeks ago there was a severe windstorm that knocked one of the trees down into another tree which was damaged and therefore they cut that one down too. He explained that he did not realize that he need Commission
approval and apologized for that. He explained that he has so many details for the club that he was ignorant of the requirement. Misty-Anne Marold stated that unless it is posing a hazard there is not a necessity and they should have received approval prior to any tree cutting.
There was discussion about whether or not a fence would be required by the Commission as conditioned by the Order of Conditions. Originally the Commission wanted a fence because the property had a littering problem and litter was blowing into the river. It was noted that the Portuguese Club is now quite different and is an upscale establishment. It was also noted that a fence could prohibit wildlife movement. The Commission decided that a fence would no longer be necessary.
There was discussion regarding the boundary of the town property. It was noted that the Order of Conditions has expired.
The Commission determined the requirements as follows:
1) Submittal of an engineered as-built plan showing a restoration planting plan and a permanent visible marker along the town boundary property line.
2) It was also determined that at the end of the soccer filed there is a swale that needs to be stabilized and riprap needs to be placed at the black plastic pipe.
2.6 Jack Sargent, Sconset Village, Brook and Main St., Enforcement Order (Violation of Order of Conditions)
Joe Rodrigues explained that while he was inspecting the Mass. Hwy. project looking at the stilling basin on Main Street he observed grey water coming through the pipe. He investigated and found that the Sauta Farms project had a hose draining into the catch basin on Brook Street. They had drained the retention basin and you could see a muck bottom. He had a conversation about it with Dick Adams and then talked to Dan about putting additional stone at the construction entrance. The developers fixed it right away.
David Esteves asked if the catch basin needs to be cleaned. John Sargent said he didn’t look at that, but agreed to clean it. Jack explained that he was not present when this event took place. He stated that all of the drainage structures were connected yesterday. He explained that while the workers were putting the road drainage together they couldn’t put the water back up into the retention basin on top and therefore decided to divert it into the catch basin.
Jack stated that there is also an issue with his dealings with the town in regards to hauling materials off-site. He stated that they are working on rainy days and once they are not putting tarps over the material. He said the town agreed that they would be responsible for the street sweeping. He said that there will be no further hauling until the spring.
The Commission felt there needed to be a better plan. Minot stated that the trucks from the developers are covered everyday. He also note that the town trucks have not been covered. He recommended that street sweeping be done by hand. Jack explained the original proposal with the Town of Hudson regarding the athletic fields. Next week stones will be added to the revetment. Next spring the road will be resurfaced. Jack agreed to clean the catch basin. He noted that the drainage was connected yesterday. During the connection process the contractor was not able to pump the water up the hill into the alternate catch basin because of the trucks and operations involved with the drainage connections. He admitted that they should not have pumped into the catch
basin. He noted that the retention basin was cleaned during that day as well.
3.0 Work Session
3.1.1 Minutes November 3, 2005 - table
3.2 Vouchers
3.3 Update re: DEP site visit for Superceding Order of Conditions for Colonial Dodge
Proctor explained the DEP site visit and the recommendation of the DEP reviewer Joe Bellino. Since the Commission was nearing the end of review and issuance of an Order pending satisfactory outcome of the consultant review, Bellino asked if the Commission would like to finalize the consultant review and provide recommended conditions. Proctor and Moran felt this was acceptable but would need commission approval. The applicant was interested in receiving a Superceding Order so that he could move forward with DEP’s requirement of the Immediate Response Action by December 15, 2005.
Paul Byrne made a motion that the applicant submit a check for consultant review and upon a satisfactory report by the consultant the Commission submit the following conditions to DEP for incorporation into the Superceding Order of Conditions:
1) no snow to be pushed over the slope
2) if excavation for the clean up goes beyond what is proposed in the approved plan of record, the applicant will provide revised plans.
3) The catch basins will be upgraded.
The motion was seconded by David Esteves.
Vote was taken.
Paul Byrne in favor of the motion.
David Esteves in favor of the motion.
Minot Wood in favor of the motion.
Misty-Anne Marold in opposition of the motion.
Joe Rodrigues in opposition of the motion.
Marty Moran in opposition of the motion
Judy Sabourin abstained.
Vote 3-3-0 Motion did not pass.
Misty-Anne Marold made a motion that the applicant submit a check for consultant review and upon a satisfactory report by the consultant the Commission submit the following conditions to DEP for incorporation into the Superceding Order of Conditions:
1) no snow to be pushed over the slope
2) if excavation for the clean up goes beyond what is proposed in the approved plan of record, the applicant will provide revised plans.
3) Request that DEP include a condition for upgrading the catch basins as long as there is the authority to do so.
The motion was seconded by David Esteves.
Vote was taken.
Paul Byrne in favor of the motion.
Minot Wood in favor of the motion.
Misty-Anne Marold in favor of the motion.
Joe Rodrigues in favor of the motion.
Marty Moran in favor of the motion.
Judy Sabourin in favor of the motion.
David Esteves in opposition of the motion.
Vote 6-1-0 Motion carried.
3.4 Emergency Certificate Issued for installation of monitoring wells (706 Main St.) Citgo
Proctor provided an update of MTBE found in wells around the gas station. Wilcox and Barton are working on the Immediate Response Action and needed to install monitoring wells. Sam Wong the Health Agent and Proctor the Conservation Agent determined that the need for monitoring wells warranted the necessity of an Emergency Order. Proctor issued the Emergency Order under the Wetlands Protection Act.
3.5 Sign Order of Conditions (DEP 190-467) South St. – signed by Commission.
Page 3, Section 2.4, sentence at top of page 3 – should say “Marty Moran says he does not feel the trees offer enough support to wetland values to deny……”
Page 3, Section 2.5, second paragraph, fifth line – should be ”….tree stumps were still there.”
Page 3, Section 2.5, last paragraph, 2) first sentence “Riprap needs to be….” should be deleted since it is redundant with the second sentence.
Page 4, Section 2.6, end of section – section ends in mid-sentence.
4.0 Correspondence
5.0 Pending
5.1 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 Dave Esteves made a motion to adjourn the meeting at 9:30 pm, seconded by Marty Moran with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
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