Minutes approved on 4/6/06
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
Conservation Commission Minutes
March 2, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 PM.
1.2. Roll Call: Paul Byrne, David Esteves, Misty-Anne Marold, Joe Rodrigues, Judith Sabourin, Minot Wood. Also in attendance: Katrina Proctor Conservation Agent.
1.3. Addition to the agenda (See 2.8)
2.0 Hearings and Appointments 7:00 P.M.
2.1 Michelle Ciccolo to discuss the proposed canoe launch as a modification to South St. Park Order of Conditions.
Jeff Richards of Meridian Associates presented the plan. He explained that the area proposed for the canoe launch was in part chosen because in this location the bank is not altered by a retaining wall. This makes the area suitable for the canoe launch. With regard to the Commission’s request for a proposal to address potential erosion of the river bank Jeff submitted detail on a product known as “PolyPavement”. He explained that “PolyPavement” is a natural soil pavement used by the National Park Service. He noted that his material is used in Lexington at the Battle Road Monument.
David Esteves asked if the product is effectively used near wetlands. Jeff explained that it is used at the Battle Road Monument near wetland areas.
Minot Wood stated that he feels the chosen location for the canoe launch is a good one. Misty-Anne Marold was in agreement. Judy Sabourin stated that she is glad the two large trees would be spared from cutting.
There were no comments from the audience.
Paul Byrne made a motion the accept the modification to the Order of Conditions DEP 190-446 for the South Street Park Canoe Launch utilizing “PolyPavement” as proposed. The motion was seconded by Judy Sabourin with all members voting in favor. Motion carried.
. 2.2 Continuance - Notice of Intent (DEP #190-457)
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.
Background: There is an outstanding issue regarding the use of pavers vs. asphalt for the fire lane. The Fire Chief agreed to consider the use of pavers, but required detail in order to evaluate. The Fire Chief submitted memo stating he did not receive any information from the engineer on the matter and therefore requires asphalt for construction of the fire lane. Proctor updated the Commission noting that the engineer submitted the pavers information 2 days ago and the Chief has confirmed that stand by his decision the he will require asphalt for the fire lane construction.
Joe Rodrigues explained that the foundation of the roadway construction is the factor which maintains stability of the fire lane not the surface material. The Commission asked Joe Rodrigues to speak to the Fire Chief directly on this matter to resolve the issue.
Paul Byrne stated that he just became aware that the Watershed Protection District includes work within 25 ft. or all wetlands in town. Byrne stated that he does not feel the Commission should approve work within the 25 ft. Watershed Protection District prior to ZBA approval because it looks as if the Commission doesn’t support the Bylaw.
Poole stated that he is asking the ZBA to confirm that the work within the 25 ft. Watershed Protection District is not within 25 ft. of a water body or course. He explained that the project will not need a special permit for that reason and will only need a finding from the ZBA which confirms that the work is not within 25 ft. of a water body or course. Proctor reported that she has reviewed the town council opinion on the matter and has discussed this with the Zoning Official Jeff Wood and the 25 ft. zone around all wetlands is classified as watershed protection district. Poole explained that the ZBA does not interpret the Zoning Bylaw the same way as town council. Proctor stated the Commission should work with ZBA to determine their interpretation of the bylaw. The
applicant has also file for a Special Permit for the expansion of the proposed activity to the adjacent SA Residential District.
Paul Byrne recommended the Commission require the project to meet Zoning Bylaw the 25 ft. setback to the watershed protection district of the Zoning Bylaw which requires all work to keep 25 ft. away from the water protection district. There was discussion that the Wetlands Protection Act requires that the applicant obtain or apply for all necessary permits. The Commission has it within their authority to continue the meeting until the matter is resolved with the Zoning Board.
Steve Poole stated that only the Zoning Board of Appeals has jurisdiction over the Zoning Bylaw and that the Commission can not deny the project based on the Zoning Bylaw.
Misty-Anne stated that since the plan submittal with the covered bridge, the applicant has been working making changes under the Commission’s guidance and therefore would not be in favor of denying the plan because of the 25 ft watershed protection district. Paul Byrne explained that he is looking for the Commission’s input and recommendation on this because he was not a member of the Commission during the original Notice of Intent submittal for this property which was subsequently withdrawn.
There was discussion that the applicant must replace the erosion controls prior to the start of the project.
Misty-Anne Marold made a motion to close the hearing and issue an Order of Conditions with the special conditions proposed by the Commission’s consulting engineer Susan Sullivan and an additional condition pending Joe Rodrigues’ discussion with the Fire Chief. If the Fire Chief decides pavers are suitable than the approved plan will revert back to the last revision which included pavers. The motion was 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 Conservation Commission has been continuing the hearings on this Notice of Intent waiting for progress with the Planning Board hearings. The Planning Board has been continuing their meetings required information has not been submitted. Paul Byrne stated that he is considering making a recommendation to close the hearing for lack of progress on the application. Byrnes asked Steve Poole if there is an update on progress.
Engineer Steve Poole stated that he has submitted revised plans to the Planning Board’s consultant SEA.
Paul Byrne made a motion to continue the hearing to April 6, 2006 seconded by Joe Rodrigues with all in favor.
2.4 Continuance Hearing Notice of Intent (DEP 190-470)
Applicant: Dimitrios & Maria Markonidis
Location: 261 Central St.
Project Description: proposed addition to existing house, including construction of parking area with drainage system, within the buffer zone of bordering vegetated wetlands.
Steve Poole previously submitted revised plans. There were no comments from the public.
Paul Byrne made a motion to close the hearing seconded by Joe Rodrigues. Vote was taken:
Paul Byrne voted in favor.
Judy Sabourin voted in favor.
Joe Rodrigues voted in favor.
Misty-Anne Marold voted in favor.
Minot Wood voted in favor.
David Esteves Abstained from the vote.
Vote: 5-0-1 Motion carried.
2.5 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.
Background: The Town Planner and Zoning Official have determined that this is not a buildable lot. The Conservation Agent has asked the applicant if they would like to withdraw the application and they have not reported back.
There is no formal request for continuation of this public hearing. Proctor will speak to the engineers to find out whether their client would like to pursue the application or withdraw.
David Esteves made a motion to continue the hearing to March 16, 2006 seconded by Paul Byrne with all in favor.
2.6 Notice of Intent
Applicant: Anthony Marques
Location: Cherry St.
Project Description: stormwater infiltration system @ Cherry St. ball field.
ENSR representatives Tom McCarthy and Matt Kennedy explained the project. Two years ago the town received grant funding for innovative stormwater projects from OAR (Organization of the Assabet River) and Intel. One year ago ENSR came before the commission to explain the project and received support.
The project consists of stormwater management and discharge improvements for the Town of Hudson located on Cherry St. The proposed improvements include the following:
· Construction of a manhole to intercept the existing drain line.
· Installation of a 10’ X 230’ forebay to be used as a settling basin and storage basin for the irrigation system.
· Construction of a 32,000 sq. ft. recharge area located under the Cherry St. ball field.
· Construction of an irrigation system, using water collected from the Town’s stormwater collection system.
· Replacement and improvement of existing paved parking with a 2,000 sq. yard open graded aggregate parking lot, adjacent to the existing ball field.
Benefits of Project
The proposed project will improve the existing stormwater discharge system by diverting the discharge from an existing 36-inch drain line, which serves a major portion of Hudson’s downtown area, from the Assabet River to an underground recharge site. The recharge system will help stabilize river base flows by reducing the post storm flow of the existing storm sewer discharge. A new irrigation system will improve conditions of the playing fields while reducing demands of the Town’s treated drinking water for irrigation purposes. The new aggregate parking area will reduce stormwater runoff to the Assabet River by removing current impervious surfaces with porous surfaces.
Proposed Impacts Relative to Jurisdictional Resource Areas
The only work within the Riverfront Area and the Buffer Zone is work within the existing parking area. The proposal is to take up the asphalt (.5 acre) and install open graded aggregate parking area (pervious pavement).
Misty-Anne Marold stated that the Bordering Land Subject to Flooding must be shown on the plans.
There was discussion regarding when the sedimentation chamber will require cleaning. Matt Kennedy stated that it will last 5 years, but it will be cleaned more often than that.
Minot Wood asked about the ground water elevation in the test pits. Matt Kennedy stated that the groundwater is at about 6 ft.
Judy Sabourin expressed concern for the trees that will be cut. The engineer will look at saving the 36” Maple tree which is located where the concrete pad and steel enclosure is proposed along Cherry St. Restoration planting was discussed. Kennedy agreed to plant three trees at the southern end of the parking area and three trees at the front of the property along Cherry St.
Paul Byrne opened discussion to the public.
Dave Corrigan, Stow Court asked for clarification of the location of the existing discharge pipe.
Joe Rodrigues asked if there was any elevation change within the parking area. The engineer said no.
It was noted that DEP has not issued a DEP number yet. The project is proposed for Spring/Summer.
Paul Byrne made a motion to continue the hearing to the next meeting March 16th, 2006, awaiting the DEP file number, seconded by David Esteves with all in favor.
2.7 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.
Tom DiPersio submitted a written request to continue the hearing to March 16, 2006.
Paul Byrne made a motion to continue the hearing to the next meeting March 16th, 2006, seconded by David Esteves with all in favor.
2.8 Continuance Request for Determination (HUD #321)
Applicant: Amanda & Johnny Mio
Location: 348 River Rd.
Project Description: “After-the-fact” filing for tree cutting within the 100 ft. Buffer Zone of an intermittent stream and bordering vegetated wetland.
Paul Byrne and Joe Rodrigues visited the site together and recommend that the home owners burn the brush that has been cut and allow the area to grow back naturally. He recommended that the owners keep the intermittent stream channel clear of debris to allow water flow.
There was discussion about tree trimming to alleviate the problem with mold developing on the roof. The Commission agreed.
Paul Byrne made a motion to issue a negative determination, seconded by Joe Rodrigues with all in favor.
3.0 Work Session
3.1 Minutes
3.1.1 February 16, 2006 – tabled.
3.2 Agent Report
3.2.1 Library tree cutting – DPW. Proctor explained that Marques asked for guidance on whether the Commission would be in favor of tree and shrub cutting along the Assabet River for the purpose of allowing a view of the river from the library first floor picture window. Proctor met onsite with a DPW representative and determined that the area is within the resource areas BVW, RFA and BLSF. The Commission made the informal decision that they are not in favor of the cutting. Proctor will inform DPW.
3.2.2 DPW RDA – Tony Marques informed the Commission that he will file an RDA for leach basins/street drainage around Lake Boone; only 4 basins are within the Commission’s jurisdiction.
3.2.3 Drainage issue 7 John Robinson Drive - Proctor reported that she met with the property owner on site to review a drainage problem. The owner believes that the neighbor’s grading for pool construction has causing flooding on his property. Byrne recommended that Proctor call the property owners in the area to gain access to surrounding area in order to review and assess any wetland issues.
3.3 Portuguese Club – The Commission signed a duplicate Order of Conditions so that it can be recorded at the registry of deeds. The engineers are working on an as-built plan and a Request for Certificate of Compliance.
4.0 Correspondence
5.0 Pending
5.1 Create an Order of Conditions inspection sign off card.
6.0 Advertisements and Conferences
7.0 Commentary
8.0 Adjournment - Paul Byrne made a motion to close the meeting at 8:30 PM with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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