Approved Minutes 8/17/06
Page 1 of 5 Minutes 7/20/06
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
July 20, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Chairman Paul Byrne opened the meeting at 7:00 PM.
1.2. Roll Call: Chairman Paul Byrne, Vice Chairman Minot Wood, Mike Berry and Joe Rodrigues.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1 Minutes
2.1.1 June 1, 2006 – tabled.
2.1.2 June 15, 2006 – tabled.
2.2 Correspondence
2.2.1 Riverside Farm Estates – Release Abatement Measure (RAM) Status
Report. – Noted.
2.2.2 Judy Sabourin Resignation – Noted.
2.2.3 Terrence Joyce – Appointment. Memo from Selectmen and Memo from Town Clerk. – noted.
2.2.4 Rizzo Associates – Letter re: 12 Wheeler Rd. – noted.
2.2.5 Fort Meadow Commission – Lake Drawdown mid September 2006 thru Feb. March 2007 (lowering 4 ft.) – noted.
2.3 Vote/Issue Permits
2.3.1 Certificate of Compliance – 20 Lakeside Ave., DEP 190-0458 – issued previously.
2.3.2 Certificate of Compliance – 5 Worcester Ave. DEP 190-0403 table
2.3.3 Certificate of Compliance – 48 Lakeside Ave. DEP 190-0416 Paul Byrne made a motion to issued the Certificate of Compliance for 48 Lakeside Ave., seconded by Minot wood with all in favor.
2.3.4 Certificate of Compliance – 23 Marjorie St. DEP 190-378 Paul Byrne made a motion to issue a Certificate of Compliance with a note that any future project will require a planting plan to mitigate for the 2 pine trees which were cut without approval, seconded by Minot Wood with all in favor.
3.0 Conservation Agent Report
3.1 Danforth Lot – update re: discussion with DFW about beaver dams and site visit with Amanda Hope from Central Mass Mosquito Control and discussion with Eric Amati from DFW. Proctor explained that Eric Amati said if the area in question is a beaver dam, BOH would need to issue a breaching/removal permit according to the guidelines. He indicated that the Conservation Commission would also need to issue a permit.
3.2 Model Rules for Hiring Outside Consultants under G.L. Ch. 44 S 53G Proctor will review as time allows.
3.3 Hazardous Waste Day Sunday, October 15 (8:00 – 12:00)
3.4 Agent Vacation Days Thursday August 3 – Monday August 7. – noted.
4.0 Conservation Commission Members Report
5.0 General Business
5.1 Planning Board Request for Comments
5.1.1 Site Plan Review – Walgreens, 256 Washington St. – Comments due 8/8 – noted.
5.1.2 Site Plan Review Modification – Highland Commons – Deadline 7/25 – noted.
6.0 Hearings and Appointments 7:30 PM
6.1 Continuance Notice of Intent (DEP 190-480)
Applicant: Danny Resendes
Owner: David Petkauskos
Location: Lot 9 Elaine Circle
Contamination from the Zina Farm has been cleaned up. DEP Number has been issued. Proctor reported that Max Kamel, DPW engineer has reviewed the septic plan for the BOH and reported that all aspects of the system meet the Title V regulations.
Paul Byrne made a motion to close the public hearing and issue a standard Order of Conditions, seconded by Minot Wood with all in favor.
6.2 Continuance Notice of Intent (DEP 190-479)
Applicant: Fredrick S. Ryan
Location: 6 & 8 Lakeside Ave.
Project Description: construction of a replacement septic system and associated piping & structures.
Engineer Steve Poole explained that the houses will be demolished and 2 new houses are proposed with larger footprints. He explained that they will need to filing with the Zoning Board to prove that the houses are on separate lots. He noted that currently the Town Assessor taxes the property as one house lot.
The Conservation Commission required that a separate Notice of Intent be filed for each lot with notice to abutters and a legal notice in the newspaper.
Paul Byrne made a motion to continue the hearing, seconded by Minot Wood with all in favor.
6.3 Jeff Richards Update on South St. Park
Richards asked to attend the meeting to provide the Commission with an update of the project. He explained that the project is funded through the Community Block Development Grant and construction is beginning tomorrow. He explained that DPW has done a lot of the work clearing the site and installing erosion controls.
New developments at the park include the splash pad was upgraded with 7 features. The water will re-circulate with a filtration component. The equipment is 10 X 14 vault. It can not be installed underground because of the flood plain.
Richards explained that the Canal Walk is funded through a River Visions Grant.
6.4 Continuance Hearing - Notice of Intent (DEP 190-471)
Applicant: Neil Fossile
Location: Lots 1 & 2 Causeway St.
Tom DiPersio said that he expects the wildlife habitat evaluation to be submitted next week by Judith Schmitz.
Paul Byrne made a motion to continue the hearing to August 3, 2006, seconded by Joe Rodrigues with all in favor.
6.5 Continuance meeting - Request for Determination (HUD #327)
Applicant: John McGuigan
Location: 258 Central St.
Project Description: “after-the-fact filing” for placement of 45 yards of fill within the
100 ft. Buffer Zone of Bordering Vegetated Wetlands.
Atty. DelPrete and Mr. McGuigan attended the meeting and asked the Commission if they received a plan from David Crossman. Since a plan was not submitted they requested a continuance.
Byrne made a motion to continue the hearing to August 17, seconded by Rodrigues with all in favor.
6.6 Continuance Notice of Intent (DEP 190- 481)
Project Name: Highland Commons
Applicant: Town of Hudson
Location: Coolidge St.
Project Description: Construction of a mall and hotel etc.
Kirsten Ryan, SEA Consultants, Inc. – representing the Conservation Commission was in attendance.
Peter Tam, Attorney, Dan SullivanHayes, Gene Crouch and Justin from VHB were in attendance representing the applicants. They explained that this was their second meeting. They explained that they have submitted responses to the comments from the June 1st hearing and SEA Consultants review in a letter dated July 18th. Also submitted were erosion Plans, 1.4B, 3.0B, 13.0, 13.1, and 6.13
Paul Byrne was noted that Conservation Commission Office received new information from the applicant on July 18th and this did not give adequate time for review therefore would allow the applicants to explain the new information; however, the Commission would need additional time in order to comment on the information.
Details of the new information was reviewed and discussed.
Joe Rodrigues recommended tipping the temporary basin and tilting the road and berm entrance. Gene Crouch indicated he will do that.
Gene Crouch explained the new information.
Sheet 6.13 details on the settling basins with water quality filters.
#3 native species
#4 Geotech engineers have review and DEP will review and permit.
Snow will be stored on and off the pavement and will slowly melt and contribute to infiltration. See “Attachment B” - mulch is provided to catch trash and junk but the melt contributes to ground water. Salt is an issue because it dissolves in water. It could be left on the parking lot and sent to infiltration, but it won’t fix the salt situation. Yearly maintenance will be required to prepare for the next year. There are several areas and all areas will have small treatment and maintenance.
Reuse water in retention basins for irrigation.
#9 See Attachment E. Crouch looked to see where we could do mitigation. The project stays away from the wetlands and mitigation will require Buffer Zone and Riverfront impacts. Crouch said that he personally thinks mitigation is a bad idea. He explained that he considered alternative concepts and found an area near the entrance, but has not prepared a final design. He said he would design the mitigation area if the Commission wanted him to.
#10. Joe Rodrigues asked for additional crushed stone. Crouch explained “Dirt Glue” a polymer that is sprayed onto the ground and compacted to make the surface hard and also to control dust. The polymer bonds with the soil particles and do breakdown in time.
Crouch noted VHB’s responses from the DEP Comment letter. He stated that the Riverfront Area was reduced to 9.5% alteration down from 9.8%. He referred to the Riverfront Alternatives Analysis on page A10.
CPESC Certified – erosion and sedimentation control.
National – no so well know in the East.
Justin spoke on the Wildlife Habitat Assessment.
NHESP says the area is not listed on the Estimated Habitats of Rare Wildlife and Vernal Pools. He said that there are no vernal pools on Hudson site. He said that area is comprised of 100% canopy cover, very shaded with an organic layer poor breeding for snakes and turtles as they prefer sand. He said the trees are mostly small diameter 4-8” DBH. He stated that he forest is 2nd growth regeneration. He said the site is a moderate habitat for birds, small mammals, snakes and amphibians and there is nothing unique about the site. He said the project will not have effects of dispersal of these species. He said there are no large mammals on the site and no wildlife corridor. He said in no way is this area unique on a large scale.
Gene said the project is retaining 13 acres in tact to be left unimpacted.
Paul Byrne said that the Wildlife Habitat Assessment is not signed. Gene said that he will get a copy for us with Justin’s comments and VHB responses. Gene submitted a letter this evening 7/20/06.
There was discussion FEMA flood plain. Crouch doesn’t believe the FEMA map represents the area and noted that there is no elevation on the floodplain map. Kirsten Ryan asked if Crouch had tried digitizing the map from MassGis. Gene said that he had not tried that but said that nothing seems to work well. Kirsten said that the WPA regulations say that you have to do try that and in her engineering opinion it needs to be done.
Bill Hoffman, engineer for the applicant explained how it could be engineered to compensate for the floodplain by installing 13000 cu. yards of trap rock for the construction of the entrance and the voids created would provide the flood plain compensatory storage.
#2. Flood plain. – Gene provided small plans and will provide large size plans this evening. He recommended a condition that the Conservation Commission inspect the rain gardens
NOTE: Comments on the DEP Notification letter:
MASSDEP COMMENTED ON THE ENVIRONMENTAL NOTIFICATION FORM ASSOCIATED WITH THIS PROJECT THAT WAS FILED IN ACCORDANCE WITH MEPA. ALTERNATIVES THAT FURTHER REDUCE THE AMOUNT OF RIVERFRONT AREA ALTERATIONS SHOULD BE PURSUED. A WILDLIFE EVALUATION IS REQUIRED FOR THE RIVERFRONT AREA AND BORDERING VEGETATED WETLAND AREA ALTERATIONS PURSUANT TO MASSDEP’S WILDLIFE HABITAT GUIDANCE DOCUMENT. APPLICANT SHOULD INDICATE THE AREAS DURING THE VARIOUS CONSTRUCTION TIME PHASES TO BE EXPOSED AND PREPARE AN EROSION AND SEDIMENTATION CONTROL PLAN BASED ON THE AREAS TO BE EXPOSED.
6.7 Continuance Notice of Intent (DEP 190-0478)
Applicant: Hudson Public Schools
Location: 69 Brigham St.
Project Description: construct a single story storage shed behind the existing High School.
6.8 Notice of Intent (DEP 190-0482)
Applicant: Grace Bono
Location: 81 Hunter Ave.
Project Description: new sewage disposal system.
Proctor notified the Commission that the plan was approved by the BOH.
Paul Byrne made a recommendation to close the public hearing and issue a standard order of conditions, seconded by Rodrigues with all in favor.
6.9 Informal Discussion re: Enforcement Order (Cancelled by Patrick Garner- See letter)
Chris & Deborah Carroll and their Wetland Scientist & Hydrologist, Patrick Garner
Minot Wood made a motion to send a letter to Carroll stating that the Commission requires a Notice of Intent be filed for the next meeting for work that was done in the Buffer Zone and to note that they worked at their own risk after their complaint that their neighbor did not file with the Conservation Commission.
7.0 Adjournment - Paul Byrne made a motion to adjourn the meeting at 9:45 PM, seconded by Joe Rodrigues with all in favor.
Minutes respectfully submitted by:
Katrina Proctor, Conservation Agent
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