Minutes approved on 11/1/06
Minutes September 7, 2006 Page 1 of 7
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Minutes
September 7, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 P.M.
1.2. Roll Call: Chairman Paul Byrne, Vice Chairman Minot Wood, Misty-Anne Marold, Terrence Joyce, David Esteves and Joe Rodrigues. Also in attendance was Katrina Proctor Conservation Agent.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1 Minutes
2.1.1 August 3, 2006 - Paul Byrne made a motion to approve the minutes, seconded by Minot Wood with all in favor.
2.1.2 August 17, 2006 - Paul Byrne made a motion to approve the minutes, seconded by Minot Wood with all in favor.
2.2 Vouchers - Paul Byrne made a motion to approve the vouchers, seconded by Minot
Wood with all in favor.
2.2.1 Office Supplies $486.69
2.2.2 MACC Fall Conference (Proctor) $ 85.00
2.2.3 MACC Fall Conference – (Joyce) $85.00
2.2.4 MACC Fundamentals Course Units 1-4 (Joyce) $180.00
3.0 Correspondence
3.1 Letter to Planning Board cc: Conservation Commission – From Ducharme & Dillis re: Modification to Site Plan for Improvements at Colonial Dodge, 24 Coolidge St. – Noted.
4.0 Vote/Issue Permits
4.1 Certificate of Compliance (DEP 190-464) Lot 9 Elaine Circle - KP recommends issuing a Certificate of Compliance – work never to commence because the Order of Conditions for DEP 190-480 replaces this project. Paul Byrne made a motion to issue the Certificate of Compliance, seconded by Minot Wood with all in favor.
4.2 Order of Conditions (DEP 190-480) Lot 9 Elaine Circle (voted7/20/06) The Commission signed the Order of Conditions.
4.3 Certificate of Compliance (DEP 190-344) Hudson High - Paul Byrne made a motion to issued the Certificate of Compliance, seconded by Minot Wood with all in favor.
5.0 Conservation Agent Report
5.1 Set up site visit for trails at Hillside Retirement Community – Wheeler Rd. (The Commission decided to meet on Wednesday at 6:00 P.M.)
6.0 Conservation Commission Members Report
6.1 Paul Byrne stated that the abutters to the Commonwealth of Mass. property (Div. Forest and Parks) at Lower Main St. and Old County Road are dumping grass clippings and brush into the wetlands. Byrne made a motion to send a letter to the abutters asking them to attend the Conservation Commission meeting and voluntarily clean up the area or the Commission will take criminal action. It was also decided that the commission will invite DFW to the meeting and inform them of the situation. The motion was seconded by David Esteves with all in favor.
6.2 Misty-Anne Marold informed Proctor that a foundation is in at the corner of Broad St. and Mason Road. Proctor to follow up with any necessary violation/enforcement if a permit is needed.
7.0 General Business
8.0 Hearings and Appointments
8.1 7:15 PM - Enforcement Order – Lauren Heights, Judith Road/Hickory Lane.
Attending: Todd Lobo – Hannigan Engineering and Kevin O’Malley site supervisor, Jen Burke Hudson Town Planner, Bob D’Amelio Chairman of the Planning Board.
Proctor summarized recent events. Proctor explained that she became aware of the wetlands violations during a site visit with a property owner on Chapin Rd. Ms. D'Olivera on Chapin Road requested a site visit to look at a drainage area and for help to determine whether a WPA filing would be necessary to bring in fill and create a new parking area. Proctor observed a culvert and drainage channel on Mrs. D'Olivera’s property. The drainage channel continues onto as an intermittent stream through to a BVW and then into a pond. The pond has a dam which outfalls into a perennial stream. The wetland system is primarily on the Louriero property on Juniper Farm Rd. Proctor noticed heavy sediments throughout the wetland system. Mrs. D’Olivera said that she has made
several calls to DPW about “dirty water” coming through the culvert pipe from the subdivision off Hickory Lane. Proctor investigated, spoke with DPW and determined that the sediment comes from the Lauren Heights subdivision. Jeff Wood, Building Commissioner took photos which have been submitted to the file. Proctor issued an Enforcement Order on 8/25/06. The Enforcement Order states that erosion controls are not adequate and sediment is draining into the intermittent stream, bordering vegetated wetlands and pond and potentially a perennial stream. The EO is a cease and desist order and requires filing a Notice of Intent, installing erosion controls, installation of silt socks in catch basins, hiring a professional engineer for recommendations, attending a site visit August 29 and attending this meeting 9/7. Proctor held a meeting on 8/29 with Town Planner, Jen Burke, Mike O’Malley, Todd Lobo and Bill Hannigan from Hannigan
Engineer. Proctor, O’Malley and Hannigan Engineering and Mary Louriero continued with a site visit.
Todd Lobo, Engineer from Hannigan Engineering presented an erosion control plan. He explained that the site is very open and needs to be stabilized. He explained that his firm is not the original design engineers. Lobo stated that in the interest of time and expediency his client would like to work under an Enforcement Order and ask the Commission to waive the requirement to file a Notice of Intent on the project site. He noted there has been discussion on filing a NOI to address a mitigation plan for the Louriero property.
The following items were discussed:
Increasing the size of the temporary sedimentation basin.
Temporary berm along both sides of the new road.
Install another temporary detention pond.
Build up the catch basins.
Removed old hay bales from in front of the outlet pipe in the large detention basin.
It was noted that there is at least 18” of sediment in this detention basin. Course sand bags will be installed at the detention basin as an intermediate solution.
Silt fabric is not installed correctly. It is flapping and water is getting under the silt fence.
Lobo noted that BMP Maintenance is noted on the plan. (Best Management Plan)
Byrne made a motion to continue the meeting to later in the meeting after the RDA meeting on 7 John Robinson Dr., seconded by Wood with all in favor.
Lobo recommended loam and hydroseed the back slopes. Joe D'Amelio, Planning Board chairman said that there is no official plan before the Planning Board to change the slopes as shown on the new plans. He stated that over a 2 ½ year period he has been out to the site many times for erosion problems. He continued that the development has not been able to hold water on site and to keep it clean. He is not convinced that any of the lots or slopes is ready for hydroseeding. It was noted that the subdivision came before the Planning Board in Nov. 2000 and there were about 8 public hearings and in March 2002 the subdivision was approved after an appeal. D’Amelio said that since then (6) six times they have been before the Planning Board with erosion problems.
There have been many other complaints to DPW and the Building Commissioner. D’Amelio said that water needs to stay onsite and be directed into the basins. He continued that he is not convinced that they should go ahead and they have not submitted for plan changes to the Planning Board. D’Amelio said that any plan changes will go before the town’s consultant SEA. D’Amelio said that the Planning Board may require a full time inspector. There was discussion about requiring Geo fabric for the slopes.
The Commission stated that they are requiring a Notice of Intent filing for the Lauren Heights project as well as (2) more Notice of Intent filings on private properties for wetland mitigation.
Other items discussed:
Large detention basin needs to be cleaned.
The catch basins are all above grade and then need to be lowered.
Temporary berm is needed on both side of the street.
Byrne made a motion to require a Notice of Intent filing for the scope of project on the Lauren Heights Subdivision and a separate Notice of Intent filing for each property needing wetlands mitigation, in addition, the Commission will allow work under the Enforcement Order for stormwater related issues only, no removal of materials and no excavation. The motion was seconded by Joe Rodrigues with all members in favor of the motion. Vote 6-0-0.
Misty-Anne Marold recommended that Proctor email the developer to request that they stockpile siltation barrier, hay bales, silt sacks, sand and having pumping equipment on hand.
8.2 7:30 PM - Request for Determination (HUD #328)
Applicant: Chris Carroll
Location: 7 John Robinson Dr.
Patrick Garner, engineer asked for a continuance to the next open meeting stating that he has another appointment he must attend.
Paul Byrne made a motion to continue the hearing to September 21st at 8:15 P.M.
David Esteves stated that the enforcement has been ongoing since the spring and the applicant must attend the next meeting or the Commission may take further action.
Minot Wood left the meeting for the Request for Determination meeting for (HUD #329).
8.3 7:30 PM - Request for Determination (HUD #329)
Applicant: Hudson DPW
Location: Central St.
Project: repaving Central Street between Laurel Drive and 308 Central St. Also construction of a headwall/retaining wall at the corner of Central and Crump Streets.
Max Kamel, DPW engineer explained the RDA. He stated that there are 19 catch basins on the Central Street all with deep sumps. He stated that the machine will stay on the road and it will take 1-2 days to construct the retaining wall.
Paul Byrne made a motion to issue a negative determination with the following conditions:
1. no machinery shall enter the wetlands.
2. siltation fence shall be installed across the wetland per the approved plans.
3. a berm shall be constructed the length of the road from Crump Street to 256 Central Street.
The motion was seconded by Joe Rodrigues with all in favor.
Minot Wood returned to the meeting after the Request for Determination meeting for (HUD #329)
8.4 Continuance Hearing 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.
The Commission is awaiting the wildlife habitat study.
Paul Byrne made a motion to continue the meeting to September 21st, seconded by Minot Wood with all in favor.
8.5 Continuance Hearing ANRAD (DEP #190-485)
Applicant: LPM Holding Company, Inc.
Owner: Watson Ventures LLC
Location: 90 Cherry St.
Project Description: resource area delineation only
Stacy Carpenter stated the Gary Dulmaine is the DEP reviewer on this application.
The Commission reviewed the WPA regulations and stated that the project does not meet the definition for historic mill complex. The Commission stated that they will need a DEP finding on this issue. There was discussion about the statutory regulation of the riverfront area. The commission said they will need something from DEP on this.
Paul Byrne made a motion to continue the meeting to September 21st, seconded by Minot Wood with all in favor.
8.6 Continuance Hearing 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.
Gene Crouch, VHB submitted a new plan sheet 3.2B which was inclusion of plan detail which was found on other plan sheets but mistakenly left off this sheet. Crouch noted that DEP has confirmed that they will use the same DEP filing number as the original filing. Proctor agreed.
Joe Rodrigues spoke about erosion control and suggested mesh wire to hold back steel posts. He noted that this will help to hold the erosion controls in place. Misty-Anne Marold recommended eliminating hay bales and use silt socks and fill with sand or straw mulch with silt fence.
Paul Byrne made a motion to close the public hearing and issue an order of conditions, seconded by Joe Rodrigues. Vote was taken.
Paul Byrne voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Misty-Anne Marold voted in favor of the motion.
Minot Wood voted in favor of the motion.
Terrence Joyce voted in favor of the motion.
David Esteves abstained from the vote.
Vote: 5-0-1 Motion carried.
It was noted that the Commission will make a finding that they will not require wetland mitigation.
Misty-Anne Marold will draft a letter to MEPA.
Peter Tamm offered to draft a suggested Order of Conditions.
The Commission stated that they will want a condition that requires a list of phone numbers from contractors.
8.7 Continuance Hearing Notice of Intent (DEP 190-483)
Applicant: Richard Wiel
Location: 6 Lakeside Ave.
Project Description: construction of a replacement septic system and associated piping & structures.
The conservation Commission opened the hearing for 6 & 8 Lakeside Ave. simultaneously and noted proof of abutter notification. Steve Poole stated that the septic systems have been approved. The project must go before the ZBA.
Paul Byrne read the letter submitted by the abutter Carrie Weaver at 10 Lakeside Ave. (See file).
There was discussion about who owns each of the properties. Paul Byrne stated that the owners must sign each of the Notice of Intent applications. It was noted that the deed may have to be clarified. The Commission stated that they need to visit the site and wants to see the large mature trees which are proposed to be cut down.
Mr. Taylor stated that he shares the concerns with the abutter who submitted the letter. He said he has lived at his home since 1978. He state d that the stream is perennial and not intermittent. He also stated that the property lines as shown on the plans are not accurate.
Steve Poole said that the property is beyond the 200 ft. Riverfront Area.
Abutter Erica Bigelow said that she is submitting a similar letter and notes that the current flows are there and it is not intermittent stream. The NOI says the stream is intermittent in the previous filing. Bigelow said that she is concerned of the closeness of the project to the bank and concerned about the adequacy to protect the bank. She said she is concerned about the degradation of the lake by the new construction. She noted that the neighbors are trying to keep the lake from dying as per their previous Notice of Intent filed for hydro-raking. Bigelow stated that the Lake Boone Drive construction has added to the sediment in the cove. Sediment and a fallen tree are causing a dangerous situation. A dog was pulled from this area. It was also noted
that there are zoning issues on this lot.
Site walk scheduled for Thursday at 6:00 PM.
Paul Byrne made a motion to continue the hearings for 6 & 8 Lakeside Ave. to September 21, seconded by Minot Wood with all in favor.
8.8 Continuance Hearing Notice of Intent (DEP 190- 484)
Applicant: Richard Wiel
Location: 8 Lakeside Ave.
(SEE 8.7 above)
8.8 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.
Mr. McGuigan submitted a new plan.
Paul Byrne made a motion to issue a negative determination with the condition that no more work is allowed without filling under the Mass. Wetlands Protection Act. The motion was seconded by Joe Rodrigues. There was discussion on the motion. David Esteves said that he is still opposed. Minot Wood stated that the work is in the Buffer Zone.
Vote was taken.
Paul Byrne voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Misty-Anne Marold voted in favor of the motion.
Minot Wood voted in favor of the motion.
Terrence Joyce voted in favor of the motion.
David Esteves voted in opposition of the motion.
Vote: 5-1-0 Motion carried.
8.9 Written Request to Continue to September 21st.
Continuance Hearing - Notice of Intent (DEP 190-471)
Applicant: Neil Fossile
Location: Lots 1 & 2 Causeway St.
Paul Byrne made a motion to continue the hearing to September 21, seconded by Minot Wood with all in favor.
8.10 Carol D’Olivera, 209 Chapin Road. Ms. D’Olivera asked if the “drainage ditch” behind her house is jurisdictional. Proctor said that she reviewed this area and believed the area is an intermittent stream but has asked the Commission for their input and review. The Commission stated that Ms. D’Olivera will need to have a qualified wetland consultant review the area and file an Abbreviated Notice of Resource Area Delineation for determination/confirmation.
9.0 Adjournment – Byrnes made a motion to adjourn the meeting, seconded by Wood with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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