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
January 19, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 P.M.
1.2. Roll Call: Paul Byrne Chairman, David Esteves, Joe Rodrigues, Judy Sabourin, Minot Wood. Misty-Anne Marold arrived at 7:08 P.M.
1.3. Additions or deletions to the agenda
2.0 Hearings and Appointments 7:00 P.M.
2.1 Notice of Intent – Danforth Brook Canal (a.k.a. Tannery Brook)
Applicant: Town of Hudson, Michele Ciccolo
Project Description: construction of a walkway along Danforth Brook Canal (also known as Tannery Brook) to connect Main Street to South Street and to construct decking across the canal to create a small outdoor café area.
Michelle Ciccolo, Administrative Assistant gave an overview of the project. The project is on the fast track and must be constructed by the June 30th deadline to receive the state grant funding under the Urban River Visions Program. The proposal includes a walkway from Main St. to the public parking lot (Aubuchon’s). There will be a small deck over the canal to enjoy the view and provide a gateway to the new park. The goal is to entice people to come from downtown to the river and park.
Jeff Richards, Meridian Associates explained the project in detail. There will be a 5 ft wide concrete sidewalk and a café deck over Danforth Brook. There will be a wire grid trap for trash.
Misty-Anne arrived at 7:08 PM.
Richards is currently working with structural engineer on details for the foundation of the deck which will include 4 pilings. A geotechnical consultant (TGG) will do borings to determine soils and suitability for the pilings. Steel I Beams will also be used.
Paul Byrne stated that the brook will be almost entirely covered. He suggested using the existing bridge crossing for the café. Michelle Ciccolo responded that there are attributes which make this location desirable. The relationship of the proposed cafe to Main St. will be inviting. The existing location is too far away from Main St. Judy Sabourin expressed concern with the existing concrete bridge and needed updates. Michelle Ciccolo explained that there are already new rails which were put in at the same time as the previous improvements at the South St. Park. Railing was discussed.
Jeff Richards explained that the invasive plants such as bitter sweet have engulfed the fence. This project proposes to cut the bitter sweet with loppers and use a licensed arborist for proper application of herbicides. David Esteves noted that there would be opponents of herbicide applications on this board.
Esteves also asked about the drain from Hudson Motor Cars into the brook. It was noted that there has been no gas at the station since the early 1980’s. The tanks were removed prior to requirements of a 21 E assessment. Jeff Richards agreed to look into pitching the neighbor’s drainage water away from the river to eliminate the weeps.
Plowing was discussed. The Commission explained that the Wetlands Protection Act does not allow snow to be pushed into the river. Michelle Ciccolo stated DPW will plow within the jurisdictional limits. It was noted that there is ample room for snow storage in the parking
area. There was discussion regarding the concrete bridge and the addition of mesh to the existing railings to eliminate trash from entering the river. The Commission requested native vegetation in lieu of turf grass.
Minot Wood made a motion to close the public hearing and issue an Order of Conditions with Hudson’s standard conditions plus the following conditions:
1) The applicant must submit an invasive plant management plan which discloses methods of herbicide treatment; to be reviewed and approved by the Commission prior to the start of work.
2) The applicant must submit a detailed planting plan which includes native vegetation in lieu of turf grass; to be reviewed and approved by the Commission prior to the start of work.
2.2 Enforcement Order: Wal-Mart (Pushing snow into the wetlands)
David Brassard of Apex Environmental and Cindy Troller, Manager of Hudson Wal-Mart were present.
It was noted that 4 members of the Commission were on the Commission when the Wal-Mart received permits. It was stated that every year there is a problem even though there have been Enforcement Orders by both the Commission and DEP.
David Brassard stated that Wal-Mart has contracted the contractor to install the fence and signage next week. He presented a sample sign 2’ X 2’ Blue with White lettering. Signs will be placed every 25 ft and along the wetland and the detention basins. The Commission determined an 8 ft. high fence must be installed.
The Commission asked Proctor to send a letter to DEP about the issues with Wal-Mart regarding snow being into the wetlands.
There was discussion about a snow management plan. Snow must not be moved to areas within 100 ft. of the wetlands. Areas to be allowed for piling snow were discussed and sketched on the plan. A new plan will be revised and submitted to the Commission.
Cindy stated that the snow management plan will be included in the manager’s manual. She also stated that she would meet with the snow removal contractor tomorrow to go over the snow management plan. The new revised plan will be submitted very soon.
Paul Byrne made a motion that the fence and signage will be installed by February 15th, seconded by Minot Wood with all in favor.
2.3 Enforcement Order: Dave’s Landscaping, River Rd. (Dave Rykbost)
Paul Byrne explained that he ask Proctor to issue an Enforcement Order for pumping storm water into the street and catch basin which is a violation of the Wetlands Protection Act.. He reported a positive finding of MTBE in a private well located at 469 River Street, which is a violation.
Katrina Proctor explained that she met with Dave Rykbost on Friday afternoon and reviewed the situation. The back yard was ponded and the water was being pumped into the street. Proctor phone Tony Marques of DPW to ask if the catch basins outfall in to any wetlands. DPW said they would check plans and report back. Proctor also talked to Fred Dusseault the Fire Chief and found out that there are not any permits for the storage of gasoline on the site however there is a permit for diesel fuel which does not contain MTBE.
Proctor decided not to issue the Enforcement Order until information on MTBE was submitted to the Commission. Proctor verbally requested the pumping to cease and desist. By the time Proctor left the site the rain had subsided, the ponded area was dry and Mr. Rykbost agreed to shut off the pump and attend this Conservation Commission meeting.
Paul Byrnes submitted copies of the well analysis: 2004 MTBE negative, 2005 MTBE .8 ppb. Byrne stated that this indicates that the wells were okay until Dave’s Landscaping starting the practice of pumping to the street in the spring of 2005. It was noted that groundwater is one of the protected interests subject to protection under the Wetlands Protection Act. The well analysis will be submitted to the Board of Health for any necessary reporting to DEP.
Dave Rykbost explained that Steve Poole designed the stormwater collection system (leaching field) which was later found to be inadequate. He said that with only 2” of rain the leach field is full and causes flooding. Last Spring the 8000 s.f building had 3” of water in it. There was damage to sheetrock etc. and money expended to fix the property damage. Rykbost said he has no choice but to turn the pumps on to protect the property from damage. Rykbost received permission from DPW and the Building Inspector to pump into the street for this emergency. There have been 3 occasions where pumping has been necessary. Rykbost described his frustration due to the fact that he paid an engineer to design a plan and the town’s consulting engineer to
review it and the design does not work. It was noted that there is an oil gas separator for stormwater and the outflow comes out of the leach field. All automotive businesses are in the upper building. Incidental gasoline for the landscaping business is kept in a covered trailer. The Commission was concerned about gasoline used for trucks, bobcats and other equipment.
Engineer Steve Poole has since mitigated the design to include a trench along the property line with pipe to be directed to the leaching field. The work is underway and is expected to be completed in a couple of days, weather depending.
Rykbost also explained the pond at the top of the hill serving as a collection system for Entwistle and the Bonner Building. He said the pond is not jurisdictional under the WPA and the owner Fred Daly is not maintaining the pond. He said it needs to be dredged as it is overflowing during rain events. He explained that he constructed another pond detention basin which bigger than the first pond.
Judy Sabourin noted that 15 years ago the previous property owner lost his chickens due to the flooding at the property.
The Commission decided not to issue an Enforcement Order.
2.4 Marty Moran to discuss River’s Edge “Parcel B” to be gifted to the Town of Hudson.
Marty Moran updated the Commission that he has met with Billy Glynn and the deed for the property will come before the final occupancy permit for the subdivision. The Town Planner, Jennifer Burke finds this acceptable. Moran provided information to the Commission including a draft warrant article to be submitted for Annual Town Meeting.
Minot Wood voted to approve the warrant article language seconded by Paul Byrne with all in favor. Paul Byrne stated that he will attend the Selectmen’s meeting to discuss the warrant article.
Misty-Anne Marold recommended that Marty Moran speak to the Conservation Agent from Canton who has been very effective with open space protection.
2.5 Continuance Request for Determination of Applicability (HUD#318) (Request to Continue)
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.
Paul Byrne made a motion to continue the hearing to February 16, 2006, seconded by Minot Wood with all in favor.
2.6 Continuance Hearing - Notice of Intent (DEP 190-463) (Written Request to Continue)
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.
Paul Byrne made a motion to continue the hearing to February 7, 2006, seconded by Minot Wood with all in favor.
2.7 Continuance - Notice of Intent (DEP #190-457) (Written Request to Continue)
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.
Paul Byrne made a motion to continue the hearing to February 7, 2006, seconded by Minot Wood with all in favor.
3.0 Work Session
3.1 Minutes
3.1.1 January 5, 2006 – tabled.
3.2 Vouchers
3.3 Information on loosestrife control: beetle 4-5 year project in West Mooreland, NH (Dick Cadwgan) Misty-Anne Marold reported that NHESP does not allow the use of beetle until more research is provided.
3.4 MACC Annual Meeting, March 4: The Commission will pay for Marty Moran, Judy Sabourin and Katrina Proctor.
3.5 Arthur Gordon appeared before the Commission and informed them that he has taken out papers for Selectmen and stated that he wants the power to do good for the town which has been very good to him. The Commission congratulated Mr. Gordon.
4.0 Correspondence
5.0 Pending
5.1 Create an Order of Conditions inspection sign off card.
6.0 Advertisements and Conferences
6.1 River Morphology and Fundamentals of River Health 3/22/06 at 7:00 PM Leominster
6.2 Winter Botany and Wetland Delineation 3/7/06 (10:00 – 12:00) Norfolk
6.3 Winter Botany and Wetland Delineation 2/28/06 at 6:30 PM Greenfield
7.0 Commentary
7.1 Enforcement Order issued to Gerald Douglas, Quality Crafted Residences LLC
The Commission determined that no work is allowed down Wildflower Path without a Notice of Intent. The Commission requires a Request for Determination “after-the-fact” filing for installation of the water main along Chapin Rd.
8.0 Adjournment – David Esteves made a motioned to adjourn the meeting at 9:00 pm, seconded by Judy Sabourin with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
| 
