CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Paul Byrne, Chairman W. Minot Wood, Vice Chairman Mike Berry, Member
David Esteves, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Judith Sabourin, Member
Minutes
May 4, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 PM.
1.2. Roll Call: Chairman Paul Byrne, Vice Chairman Minot Wood, Joe Rodrigues, Judy Sabourin, David Esteves, Mike Berry and Misty-Anne Marold. Conservation Agent Katrina Proctor was also present.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments 7:00 P.M.
2.1 Continuation - Request for Determination (HUD #324)
Applicant: Michael Zettler
Location: 18 Causeway St.
Project Description: Construct a two story (24’ X 28’) storage building within 100 ft of a perennial stream
David Esteves reported that he monitored the property at 18 Causeway St. was dry on April 21 – April 24 and found no signs of a perennial stream in the front or side yard of the property. He believes the USGS map is incorrect and does not appear to be a perennial stream.
Minot Wood made a motion to issue a negative determination, seconded by Paul Byrnes with all members in favor.
Vote: 6-0-0 Motion Carried.
2.2 Continuance of Notice of Intent (DEP 190-471)
Applicant: Neil Fossile
Location: Lots 1 & 2 Causeway St.
Tom DiPersio Jr. appeared before the Commission and submitted a revised Notice of Intent and plans. Because the representative did not submit the information one week in advance of the meeting, the Commission simply agreed to accept a presentation and information at this time.
Byrne asked how DEP would evaluate a project i.e. perennial stream crossing vs. riverfront alteration.
Tom DiPersio stated that in evaluating the solutions he looked at this opportunity to mitigate the eroding stream. He proposed placement of riprap at the highest and steepest point in the stream. He noted that kids have placed tree trucks in the stream which have caused eddies and further erosion. DiPersio submitted a spec. sheet for an erosion sock which he proposes to place along the riverbank. DiPersio submitted a new plan which shows the erosion sock on the plan.
Paul Byrne made a motion to continue the hearing to May 18, 2006 at 7:00 p.m., seconded by Minot Wood with all in favor.
Vote 6-0-0 Motion carried.
Misty-Anne Marold arrived after this hearing
2.3 Request for Determination (HUD #325)
Applicant: Maryellen Twomey
Location: 5 John Robinson Dr.
Project Description: “After-the-fact” filing for construction of an above the ground swimming pool and deck within the 100 ft. Buffer Zone.
Proctor explained that Mrs. Twomey contacted her immediately after she received the Enforcement Order and willingly worked through the filing process. Mrs. Twomey explained that she did not know she had wetlands on her property and that everything presented to her at the time of purchase indicated there were no wetlands. Proctor explained that she and Byrne performed a site visit after the RDA was filed. Given the close proximity of wetlands to the pool they suggested the owners hire a wetland consultant to flag the wetlands. B & C Associates have delineated the wetlands.
Proctor stated that she contacted the DEP Circuit Rider Kathy Robertson for general advice given the fact that the abutters are in conflict and engaged in legal intervention. Robertson suggested that the homeowners may want to work together to resolve drainage issues, perhaps creating a drainage channel, to avoid a potential enforcement issues in the event that in the future, the issuing authority finds that wetlands have been altered.
Joe Sobol, civil engineer and brother of the applicant represented the homeowners. Mrs. Twomey submitted a wetlands report from B & C Associates.
It was noted that the catch basin and culvert extends into the wetland area in question is full of silt and sediment and needs to be cleaned out. The Commission asked Proctor to send a letter to Marques, DPW requesting that the culvert and catch basin be cleaned. Proctor stated that when she and Rodrigues had a site visit with Tony Marques at 5 John Robinson Drive, they all looked at the clogged 18”-24” culvert pipe. This pipe carries water under Causeway St. and over to Baben Road and then into Fort Meadow Brook. Marques said he would clean it out and asked if he need to file with the Commission. Proctor advised him that a Request for Determination must be filed. Marques agreed to file the “Request”. The commission stated that a Notice of
Intent filing could address the issue in perpetuity with a property drafted Order of Conditions.
Sobol explained the swimming pool uses a sand system. The Commission noted that they prefer a cartridge system.
The closest point from the deck and pool to the wetlands is 6 ft. Maryellen Twomey presented a picture taken in 2001 of her children playing on a swing set. This picture represents the area where the pool is now located. She also presented aerial photography prior to construction of the pool. She explained that they did not know that there were wetlands on the property. She noted that she even filed for a building permit for the pool and had several site inspections and no one ever questioned if there were wetlands on the property.
The Commission does not feel that there was any harm done to the wetlands.
Chris and Debby Carroll submitted a letter dated 5/4/06. Mr. Carroll stated that he believes the Twomey’s have restricted the water flow on their property and believes the DEP wetlands maps show it. He stated that he has never had a problem with drainage on his property until the yard was regraded and the pool was constructed. He stated that the previous owners filled the back yard. Carroll said in talking to neighbors, they have said that there was never any water issues like now. He explained that he believes the water that is pooling on his property because there was a wetlands connection which allowed the natural flow of water from surrounding areas into the wetlands and then on into the drainage ditch located at the rear of the properties on Causeway St.
Without the wetlands connection at the rear of 5 John Robinson Drive, it is no longer possible for the surface water to flow naturally into the wetlands, causing flooding of the area.
He said he wants to be fair and wants the water to drain into the wetland. He stated that he now pumps 11,000 gallons of water a day at certain times and stated that the construction of the pool has completely changed the drainage and he is land locked into this drainage problem. Byrnes commented that the Carroll's have extended their driveway and the area was cut down. He continued that given the wetland delineation, this work falls within the 100 ft. Buffer Zone and must have a Wetlands Protection Act filing.
David Crossman, B & C Associates stated that there are no drainage channels of ditches within the wetland. This does not support the contention that a wetlands connection existed on the Twomey’s property. He stated that the water appears to sheet flow to the north based upon existing topography. Therefore the water will pond along the northern property line at the lowest point. There is no evidence within the wetland that this water has ever flowed to the south. Crossman stated that the wetlands is classified as wooded deciduous swamp, comprised of Red Maple, American Elm, Arrow wood, Skunk Cabbage and Jewelweed. The soils are identified as Deerfield loamy sand. He stated that the groundwater table is 8 ½ - 12 ½’’ from the surface.
Minot Wood made a motion to issue a negative determination with the condition that a cartridge filter be used for the pool, seconded by Paul Byrnes.
Vote was taken.
Paul Byrnes in favor of the motion.
Minot Wood in favor of the motion.
Mike Berry in favor of the motion.
Judy Sabourin in favor of the motion.
Joe Rodrigues in favor of the motion.
David Esteves in favor of the motion.
Misty-Anne Marold opposed.
Vote 6-1-0 Motion carried.
Paul Byrnes stated that now that the wetlands delineation has been confirmed, the owners at 7 John Robinson must file for the work already done which includes the expansion of the driveway and construction of drainage structures within the 100 ft. Buffer Zone. Byrnes asked Proctor to issue an Enforcement Order.
Mr. Carroll stated that the previous owners filled the area and that the new owners have removed only a minor amount for the pool. Mr. Carroll said that he will wait for his letter.
2.4 Notice of Intent (HUD #326)
Applicant: Chris Landry
Location: 8 Walcott St.
Project Description: construct a garage and additional living space within the outer riparian zone of the riverfront area of an unnamed perennial stream.
Proctor and Marold each performed a drive by site visit. Marold said that the perennial stream looks like a typical mosquito control ditch. Wood, Rodrigues, and Esteves all stated they are okay with the proposal. Sabourin said she had no comment.
Chris Landry explained his proposal to construct the garage with living space.
Minot Wood made a motion to close the public hearing and issue a standard Order of Conditions., seconded by Byrne.
Vote was taken.
Byrne in favor of the motion.
Wood in favor of the motion.
Esteves in favor of the motion.
Berry in favor of the motion.
Rodrigues in favor of the motion.
Marold in favor of the motion.
Sabourin abstained.
Vote 6-0-1 Motion Carried.
2.5 Notice of Intent
Applicant: Cheryl and Carl Leeber
Location: 125 Causeway St.
Project Description: addition to an existing residential house and construction of a deck with above ground pool. The proposed house addition will maintain the same building line as the existing house in relation to the resource areas.
Representatives: John Grenier, engineer J.M. Grenier Associates, and Christopher Lawson, construction contractor.
The project falls within the 100 ft. inner riparian zone and the 100 ft. buffer zone.
The existing house will be modified and extended by 12 ft. It will stay within the existing plane.
The Commission confirmed that the construction of the pool meets the exemptions under the regulations per section 10.02 (2) (b) (1) (e). Misty-Ann Marold noted that the notice of intent must reference the exemption. The applicant proposed the use of a sand filter; the Commission required a cartridge filter.
The engineer stated that there is no flood plain associated with the perennial stream.
Minot Wood made a motion to close the public hearing, make the finding that the construction of the pool meets the exemption 10.02 (2)(b)(1)(e) and issue an Order of Conditions with the following special conditions:
1) all approved activities are more than 50 ft. from the perennial stream.
2) A cartridge filter must be used the swimming pool.
The motion was seconded by Joe Rodrigues with all in favor.
2.6 ANRAD
Applicant: The Richmond Co., Inc.
Location: 256 Washington St.
It was noted that this hearing is scheduled to open on June 1st.
2.7 Request for Determination (HUD #327)
Applicant: Paul Kiley
Location: 75 Hunter Ave.
Project Description: Construction of a hot tub/spa within 100 ft. of Lake Boone.
Proctor stated that she worked with the applicant who is elderly and not able to come to the meeting. Proctor agreed to explain the project for the applicant.
Proctor noted that the applicant had initially begun construction for a hot tub without any permits. The Building Department brought the project to her attention. It was determined that the hot tub would need to move to the opposite side of the house due to zoning limits on the side yard setback. The owner will return the disturbed area back to the original condition by loaming and seeding. The newly proposed location is 85 ft. from the Lake Boone. Proctor recommends a negative determination.
Minot Wood made a motion to issue a negative determination, seconded by Joe Rodrigues with all in favor.
2.8 Informal Meeting
Arthur Redding, 439 Main St.
Arthur Redding presented plans for expansion Redco Plaza. He explained that he wants to move his retail business from Main Street. The proposal includes filling wetlands to construct another pole building for retail space. Redding has not been before any other boards. He stated that the current parking is adequate. It was noted that the project falls within the 25 ft. Watershed Protection District and will need a permit from the Zoning Board of Appeals.
Misty Anne Marold gave an informal opinion that the project is not something commonly seen by Conservation Commissions and feels the regulations address this. In additions she stated that she would not be in favor of approving wetlands filling for this purpose.
There was discussion on metal roofs and limitations; possibly referenced is the Buffer Zone Manual.
3.0 Work Session
3.1 Minutes – April 20, 2006 – tabled.
3.2 Vouchers – none.
3.3 Issue Certificate of Compliance Hudson Savings Bank.
Paul Byrne made a motion to issue the Certificate of Compliance, seconded by Judy Sabourin.
Vote was taken.
Byrne in favor of the motion.
Wood in favor of the motion.
Esteves in favor of the motion.
Rodrigues in favor of the motion.
Sabourin in favor of the motion.
Mike Berry abstained from the vote.
Misty-Anne Marold abstained from the vote.
Vote: 5-0-2 Motion Carried.
3.4 Sign Determination of Applicability for Bruce Lafreniere (HUD #318), 85 Fort Meadow Rd. – signed.
3.5 Sign Order of Conditions for David Quinn (DEP 190-418), 7 Old North Rd. – signed.
3.6 List of tax title properties – noted.
4.0 Correspondence
4.1 Phase IV – Remediation Plan - 12 Wheeler Rd. – Hudson Hills
5.0 Agent Report
5.1 Hillside Retirement Community DEP 190-418 started work 5/1/06. Erosion control inspection 5/8/06.
Esteves notified the Commission via email concerns with siltation running offsite during the first days of the project. Esteves met with superintendent Borggard regarding the “temporary” construction entrance with regard to silt running off site and into the catch basin on Technology Drive. Esteves required a silt sack at the catch basin. Borggard stated that the construction entrance will be constructed 150 ft. of asphalt and 100 ft. of stone. Proctor will look into this.
5.2 DPW/Water Department Beaver dams – will file RDA. (noted)
5.3 Central Street – McGuigan – Proctor explained that the property owners called to see if they needed a permit for filling their property. Proctor reviewed and told the owners that they need to file. Byrne recalled the property with previous enforcement issues regarding manure being dumped in the wetlands.
Paul Byrne made a motion to issue an Enforcement Order and require filing an RDA by Tuesday or remove the fill from the property, seconded by David Esteves with all in favor.
6.0 Pending
6.1 Create an Order of Conditions inspection sign off card.
7.0 Advertisements and Conferences
8.0 Commentary
8.1 Judy Sabourin noted the ATM Warrant Article to change residential area on Washington St. to commercial. She is concerned about the loss of open space and will talk to Paul Blazer about this.
8.2 Marlboro Rd./Forest Ave (huge tree cut) It was noted that the Hudson Light and Power Co. took it down.
8.3 Paul Byrne noted concerns about church on River St. filling in the Buffer Zone/RFA.
8.4 Paul Byrne noted trees taken down on Chapin Rd. across from the Yankee Retriever.
8.5 Commission Education – Website, letter to residences.
8.6 Joe Rodrigues – corner of Walnut St. and Mason Rd. – took down all the trees and placement of fill. The Commission asked Proctor to issue an Enforcement Order.
8.7 DPW – The Commission discussed identifying catch basins of particular concern and issuing quarterly memos to DPW. Another idea was to support DPW by asking the Planning Board to condition Subdivisions to maintain their own catch basins and detention basins.
9.0 Adjournment – Paul Byrne made a motion to adjourn the meeting at 10:15 pm, seconded by David Esteves with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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