Minutes approved on 4/6/06
Page 1 of 5 Minutes 3/16/06
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Paul Byrne, Chairman David Esteves, Member Misty-Anne Marold, Member
Joseph Rodrigues, Member Judith Sabourin, Member W. Minot Wood, Member
Minutes
March 16, 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, Misty-Anne Marold, David Esteves, Joe Rodrigues and Judy Sabourin. Absent: W. Minot Wood. Conservation Agent Katrina Proctor also in attendance.
1.3. Additions to the agenda (see 8.3)
2.0 Hearings and Appointments 7:00 P.M.
2.1 Chris Carroll – 7 John Robinson Rd.
Mr. Carroll explained drainage problems on his property. He stated he has owned the property for 8 years and did not experience any problems until three years ago when the abutters at 5 John Robinson Rd. filled and graded for installation of an above the ground pool. He thanked Proctor for coming out to the site. He explained that last year he spoke to Bob LaBossiere, DPW engineer and was told this lot does not have a drainage easement. DPW and was given temporary approval to pump storm water out into the town storm drain. Carroll stated that he has recently made numerous attempts to contact DPW about this problem, but has not received a return phone call. He noted that owners of 5 John Robinson Rd. filled out the building permit application in error stating that there
are no wetlands on the property.
Paul Byrne suggested that the Commission ask the neighbor for access to the property to evaluate if the area is within the Commission’s jurisdiction under the Wetlands Protection Act.
Mr. Carroll continued that that during spring melt and rainfall events, he is pumping 1000 gallons per hour into the storm drains, to keep the house from flooding. He has constructed a 2-3 ft. high berm to hold back some of the water and additionally dug a sump pit to collect water before pumping it to the storm drain.
Misty-Anne clarified the (2) two issues.
1) Does construction of this pool require a permit under the WPA?
2) Did construction of the pool cause flooding.
Misty-Anne Marold suggested the Commission write to the owners of 5 John Robinson Dr. and ask for and inspection of the property.
Arthur Gordon, resident suggested that the Commission hire an environmental engineer to review the properties and recommended the Commission ask town counsel for legal opinion.
Misty-Anne Marold suggests that Mr. Carroll ask DPW for approval for short term measure to pump to the storm drain.
The Commission set a site visit for Friday at 1:00 PM with the homeowner and DPW Superintendent Tony Marques. Joe Rodrigues and Katrina Proctor will meet on behalf of the Commission.
2.2 Continuance Request for Determination (HUD #318)
Applicant: Bruce Lafreniere
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.
Judy Sabourin noted the left side of the property appears to be cleared noting branches and dead sticks. Bruce Lafreniere explained that he has cleaned up the area but did not do any tree cutting. He obtained a burn permit from the Fire Dept.
Lafreniere explained that his surveyor has been ill which is why the drawings are not completed. Lafreniere stated that he only cut one tree within the 35 ft. buffer zone.
Proctor stated that her recommendation is to move forward with the landscaping and replanting plan and asks the applicant not to wait for the house plans to be completed. Proctor noted that the Building Department rejected house plans which depict a two family home. Lafreniere wants to wait until the house plans are approved.
Proctor will pull the minutes of previous discussions to verify the Commission’s impressions of tree cutting and alteration of the area. Joe Rodrigues stated he needs to stop running trucks up and down the slope which can cause erosion. Dave Esteves requested drawings with topography and recommended installation of erosion controls to protect the lake until the plans are approved by the Commission. Esteves reminded the applicant that this site came through under Enforcement and he must fix the problems and give the Commission a professionally designed plan. The applicant thought he would have a plan for the next meeting on April 6th. The Commission reminded him that new information must be submitted one week in advance of the meeting.
Paul Byrne made a motion to continue the hearing to April 6, 2006 at 7:00 PM., seconded by Joe Rodrigues with all in favor.
2.3 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.
The Commission asked the Agent to send a letter to Steve Poole stating that if the Commission does not see and progress made by the next meeting on 4/6, the Commission will close the hearing.
2.4 Continuance Hearing Notice of Intent (DEP 190-469)
Applicant: Steve Glover
Location: 2 Third St.
Project Description: construction of a single family home within the 100 ft. Buffer Zone and within the 200 ft. Riverfront Area.
Proctor explained that she spoke to Tom DiPersio Sr. and explained the Commission’s intent to close the hearing if there was not any progress on the project. DiPersio said that if we did not hear from them prior to the hearing then he understood that the hearing would close. Proctor stated that there was no word from either the applicant or the representative.
Paul Byrne made a motion to close the hearing and deny the issuance of an Order of Conditions for lack of information. The motion was seconded by Misty-Anne Marold with all in favor.
2.5 Continuance Notice of Intent
Applicant: Anthony Marques
Location: Cherry St.
Project Description: stormwater infiltration system @ Cherry St. Ball field.
Status: The DEP number has not been issued yet. Paul Byrne made a motion to continue the hearing to 4/6/06, seconded by Judy Sabourin with all in favor.
2.6 Continuance of Notice of Intent (DEP 190-471)
Tom DiPersio - Request for Continuance to March 16th.
Applicant: Neil Fossile
Location: Lots 1 & 2 Causeway St.
The site plan has been approved by the Planning Board. The Planning Board determined that Hilltop Rd. is an approved town way. They have frontage on Hilltop Rd. and access from Causeway St. The construction of the bridge includes footings and a pre-cast concrete bridge structure. There was discussion about correcting existing erosion problems on the brook.
The original proposal for the house lots was to come from Middle Road. DiPersio stated that there are several reasons why this is a better solution.
There is less pavement with the new plan.
The other plan has steeper grades.
Reduced length of roadway.
There were drainage issues with the first plan.
The new plan is within a natural clearing created by previous gravel removal.
DiPersio suggested improvements to the bank. He proposes to place 50 – 100 lb. rocks on the bank to prevent erosion. Misty-Anne Marold recommended bioengineering. Byrne notified DiPersio that a ZBA permit is needed for work within the Watershed Protection District. DiPersio stated that restoration of the slope will be less than 10% and therefore does not believed ZBA approval will be needed.
Byrne stated that under the Wetlands Protection Act, the applicant must fill for all necessary permits.
Arthur Gordon, resident recommended hiring an environmental engineer for bank restoration. It was noted that at a previous meeting a neighbor noted concerns about flooding. DiPersio stated that he will look at proposing alternatives for bank restoration.
Deed Restriction was discussed. Misty will submit language for deed restrictions.
The Commission requires the applicant/engineer to submit a revised Notice of Intent application to fully access the resource areas. The Commission requires the applicant/engineer to stake out the brook crossing.
Paul Byrne made a motion to continue the hearing to 4/6/06, seconded by Misty-Anne Marold with all in favor.
2.7 Notice of Intent (DEP 190-473)
Applicant: Riverside Farm Estates, LLC
Location: Elaine Circle (Off Zina Rd)
Project Description: Oil and/or Hazardous Materials Release Response Actions – detailed in the Response Action Plan.
Bill St. Hillaire, LSP explained the project. They have a Notice of Non-Compliance from DEP for not removing the pile of contaminated material within 120 days and for not keeping the pile covered. It has taken about 3-4 months to finish the testing and obtain the financing for the cleanup. Dave Petkauskos and Bill St. Hillaire met with DEP last week to review the project. The material will be hauled to Rochester NH.
The Commission requires the applicant to return the site to the original grading as proposed in the approved Order of Conditions for the individual house lots.
Paul Byrne made a motion to close the hearing and issue an Order of Conditions with the following special condition:
1) The Conservation Commission will allow remediation work contingent upon
restoration to the originally approved individual lot grading plans.
The motion was seconded by Misty-Anne Marold with all in favor.
2.8 Request for Determination (HUD #323)
Applicant: Town of Hudson – Department of Public Works
Location: Gately Ave, Lyman Ave., Temple Ave., Lakeside Ave.
Project Description: The proposed work includes the installation of 5’ diameter catch basins, oil & scum separator tee’s and 50’ of infiltration piping at 4 locations adjacent to Lake Boone. All work is being performed in conjunction with a 319 Stormwater Grant from Mass. DEP.
Tony Marques explained that he submitted the RDA to the Commission and DEP on 3/9/05. He also posted a legal advertisement per the Commission’s requirements.
Conroy Wharf of the Lake Boone Commission was also present for the meeting.
A matching grant was received under the 319 Stormwater Grant. The grant closes out on June 30th. The proposal includes 20 catch basins and infiltration trenches, 8 are within the Commission’s jurisdiction under the Wetlands Protection Act. Tony explained that there will be some field work to determine placement of the catch basins and infiltration trenches which must be located 4 ft. above the water table. The catch basins will be 60” diameter. The town’s portion of the matching grant will be the work performed. The Town will also purchase the materials and get reimbursed through the grant. Each catch basin and infiltration trench will cost approximately $1,500. The trench will not need to be cleaned. Catch basins will be
maintained and cleaned annually with the town’s vacuum truck. Tony Marques explained that erosion control barriers will be used although they are not shown on the plan.
Paul Byrne made a motion to issue a negative determination with the condition that erosion controls shall be used to protect the wetlands, seconded by Misty-Anne Marold with all in favor.
3.0 Work Session
3.1 Minutes
3.1.1 February 2, 2006
3.1.2 February 16, 2006
3.1.3 March 2, 2006
3.2 Sign Order of Conditions DEP 190-457 Coolidge St. (Todd Marsh) - signed
3.3 Sign Negative Determination (HUD #322) Chapin Rd. water main (Gerry Sauno) – signed.
3.4 Paul Byrne made a motion to issue an Order of Conditions DEP 190-470 261 Central St., seconded by Joe Rodrigues. Vote was taken.
Paul Byrne voted in favor.
Misty-Anne Marold voted in favor.
Judy Sabourin voted in favor.
Joe Rodrigues vote in favor.
David Esteves abstained from the vote.
Vote: 4-0-1 Motion carried.
3.5 Sign Negative Determination (HUD #321) 348 River Rd. (Mio)
3.6 Reissue Order of Conditions DEP 190-466 Evergreen Homes-Lakeshore Dr./Lower Rd.
3.7 Planning Board
3.7.1 Site Plan Review Colonial Dodge comments due 3/29/06 – SOC Issued.
3.6 Commission membership vacancy – letter of interest from Mike Berry. Paul Byrne made a motion that the Commission sends a letter the Board of Selectmen recommending Mike Berry’s appointment as a Conservation Commission member.
3.7 Request from Fire Department – individual emergency contact information – information filled out by Commission members.
4.0 Correspondence – noted.
4.1 Annual Report 2005 Central Mass. Mosquito Control
5.0 Agent Report
5.1 Update 7 John Robinson Dr. (See 2.1)
6.0 Pending
6.1 Create an Order of Conditions inspection sign off card.
7.0 Advertisements and Conferences
8.0 Commentary
8.1 Katrina (vacation 3/20 – 3/24)
8.2 Site Visit Rail Trail 4/4/05 at 10:00 am at the Rt. 62 parking lot
8.3 Judy Sabourin noted that the last house on the left on Third Street has been cut and cleared. Paul Byrne will investigate.
9.0 Adjournment – Paul Byrne made a motion to adjourn the meeting at 9:30 PM, seconded by Joe Rodrigues with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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