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Conservation Commission Minutes 1/5/06

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 Meeting
January 5, 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, David Esteves, Misty-Anne Marold, Joe Rodrigues and Judy Sabourin.  Absent was Minot Wood.
1.3.    Additions or deletions to the agenda

2.0     Hearings and Appointments 7:00 P.M.

2.1     Enforcement Order – Wal-Mart issued 12-27-05
Proctor reported that she has been in touch with Wal-Mart representatives and they have requested a continuance to January 19th, in order to line up bids for contractors to install the fence.

Paul Byrne made a motion to grant the request for continuance to January 19th and send a letter to Wal-Mart informing them that the enforcement order is of serious concern and the Commission will impose daily fines for any snow is pushed into the wetlands.  The Commission also requires Wal-Mart to notify the snow removal contractor that no snow is allowed to be pushed into the wetlands.  The Commission also requests a copy of the stormwater management plan and the operation maintenance plan.  The motion was seconded by David Esteves with all in favor.

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.        

New plans received 10/28/05.

Proctor updated the Commission that a letter was sent to the Fire Chief asking him to reconsider pervious surface on the fire lane.  The Chief responded in writing that he would make consideration of pavers and construction which can handle 80,000 lbs.  Steve Poole said that he has found such pavers and will submit specifications.

Steve Poole and Todd Marsh asked the Commission to reconsider their request for consultant peer review of the drainage calculation due to the $2000 cost for SEA Consultants.  The Commission stated that it is customary and necessary for the review; however, they agreed to get three quotes for the work.  Possible consultants are Earth Tec, Susan Sullivan and New England Environmental.  Steve Poole will provide the Conservation Office with submittal packets.

Paul Byrne made a motion to continue the hearing to January 19, 2006 at 7:00 PM, seconded by Joe Rodrigues with all in favor.

3.0     Work Session
3.1     Minutes
3.1.1   December 1, 2005 – Paul Byrne made a motion to approve the minutes of 12/1/05 seconded by Judy Sabourin with all in favor.
3.1.2   December 15, 2005 – Paul Byrne made a motion to approve the minutes of 12/15/05 seconded by Judy Sabourin with all in favor.
3.2     Vouchers
3.2.1   $500.00 SEA Consultants, final review for Colonial Dodge.  Paul Byrne made a motion to approve the voucher, seconded by Misty-Anne Marold with all in favor.

3.3     Certificate of Compliance
3.3.1   Re-issue for DEP 190-73 for recording at the registry of deeds.

3.4     Appeal OOC - Colonial Dodge, Appeal of the Order of Conditions - The Commission asked for a status as to whether DEP issued a SOC.  Proctor will call DEP get back to the Commission.

3.5     Planning Board request for Review and Comment Definitive Plan 159 White Pond Rd. “Bailey Park Woods”.  The Commission will comment to the Planning Board as follows:  ask for disclosure on any future development.  If the proposed subdivision and driveway is permitted it is creating a hardship for the wetlands.  The Commission puts forth the following comments and questions to the Planning Board:  1) The Commission would like the applicant to disclose whether any future development is intended.
2)The proposed subdivision and driveway creates a hardship for the wetlands.
3)How many variances the applicant is requesting?
4)Does construction of the cul-de-sac require a waiver?
5)What length road will the Planning Board allow without a cul-de-sac?


3.6     Enforcement – Chapin Road – Contractor is installing a waterline within 100 ft. of a small brook and possibly within the 200 ft Riverfront Area of the Assabet River.  Paul Byrne made a motion to issue an Enforcement Order to the owner, seconded by Dave Esteves.  Vote was taken:  Paul Byrne              in favor of the motion
David Esteves           in favor of the motion.
Misty-Anne Marold       in favor of the motion.
Joe Rodrigues           in favor of the motion.

Judy Sabourin           in opposition of the motion.

Vote:  4-1-0    Motion carried.

4.0     Correspondence          
4.1     Riverside Farm Estates – noted.
Release Notification Form
Proposed Release Abatement Measure Plan
PCB Contaminated shredded rubber

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 - David Esteves made a motion to adjourn the meeting at 8:30 PM, seconded by Paul Byrne with all in favor.


Minutes respectfully submitted by:



Katrina Proctor
Conservation Agent