Minutes Approved 11/1/06
Minutes October 5, 2006 Page 1 of 6
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 562-2020
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Minutes
October 5, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:30 P.M.
1.2. Roll Call: Chairman Paul Byrne, Vice-Chairman Minot Wood and Commission Members David Esteves, Terrence Joyce, Misty-Anne Marold and Joseph Rodrigues. Conservation Agent Katrina Proctor was also in attendance.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1. Minutes – tabled.
2.1.1. September 7, 2006
2.1.2. September 21, 2006
2.2. Vouchers
2.2.1. MACC Fundamentals Course Units 5,6,7,8 - $180.00 (Terrence Joyce)
3.0 Correspondence
3.1. Memo from Executive Assistant’s Office re: FY08 Budget (due October 25th). The Commission discussed the necessity to increase the Agent position to full time. It was agreed that background information would be necessary to qualify the needs. The Commission asked Proctor to itemize her time spent between the three departments that she works for (Conservation, Board of Health and Building Department). The Board of Health is also preparing a request to increase office staff time and personnel. Proctor stated that the Board of Health does not have adequate office space and is requesting additional space.
3.2. DEP – Notice of Audit Findings, 12 Wheeler Rd. (DEP did not identify any violations) – NOTED.
4.0 Vote/Issue Permits
4.1. 4 Hickory Lane – It was noted that this hearing was continued to October 19th.
5.0 Conservation Agent Report
5.1. Louriero Land/Apsley Park – Proctor informed the Commission that she went on a site visit with Linda Ghiloni & Jeff Richards regarding future land management plans. Proctor recommended that the Commission set a site visit to have input to the Conservation Land Management.
6.0 Conservation Commission Members Report
6.1. Danforth Lot - Marty Moran, Associate Commissioner.
Associate Member Marty Moran met with the Commission on previous occasions to discuss the eroding trails at Danforth Lot. Moran reminded the Commission that held previous site visits with Proctor, Rodrigues and Amanda Hope of the Central Mass. Mosquito Control. Hope determined that this is not a project in the scope of the Mosquito Control Program. She made a suggestion that AMC might give advice and/or volunteer to re-construct the trail. Moran stated that AMC has not yet returned his call. Moran also held another site visit with Minot Wood and Joe Rodrigues.
Moran explained that he and Proctor met with Michelle Ciccolo and Linda Ghiloni to discuss applying for the DCR Trail Grant. Ciccolo and Ghiloni have expertise in grant writing and strongly recommended that the Commission acquire proper engineering and obtain all necessary permits prior to submitting a grant application.
Moran held a site visit with SEA Consultants. SEA determined that a study would be needed in order to develop a plan. They are currently drafting a proposal. Moran said he plans to pursue the grant for next year.
Moran recommended immediate repair the pond bank to stop the water overflowing and eroding the trail. He brought Casacelli Trucking to the site for an estimate on that work and it was estimated that 10 yards of fill would be needed. Casacelli is preparing an estimate. Moran requested the Commission’s support and permission to file a Notice of Intent for this work. The Commission agreed to a Notice of Intent filing.
7.0 General Business
7.1. Brochure: Do you Know What’s New in the Mass Wetlands Protection Act A Guide for Conservation Commissioners August 2006
7.2. Highland Commons – Single Impact Environmental Report
7.3. 2006 Massachusetts Smart Growth Seminar (Dec. 1, 2006 8:00 – 4:00 PM DCU Center Worcester) www.mass.gov/ocd
7.4. Hillside Retirement Community- Monitoring Report.
8.0 Pending
8.1. Note Enforcement Order is pending – 7 John Robinson Drive
9.0 Hearings and Appointments (7:00 PM)
9.1. 8:00 PM requested not before (DEP 190-418) Hillside Retirement Community – Erosion Control Plan. Present were: David Eastridge, Gabe Thaisz, Don Sprigetti and Tom McCarthy.
Misty-Anne Marold and David Esteves complimented the project developers on the erosion control on site.
David Eastridge explained that this meeting is Part II from the springtime meeting when we discussed the Remediation Phase of the project.
This meeting is to discuss the regular site work (Phase I). There will be tree clearing, some new hay bale locations and double hay bale barriers at property boundaries. It was noted that the lagoons make the best sedimentation basins. He noted that this is a dynamic process and the winter weather is the “wild card”. Work in this phase includes emergency access, water line, utilities, major earth work – cut and fill, fill lagoons, construct the central green. Monthly monitoring reports will be written by David Eastridge.
The entrance was discussed there is a 150’ stone entrance. All the electricity, water and storm drainage must be constructed and then if possible the binder might be down before winter comes. Esteves stated that he would like to see the binder. Eastridge said that if it is feasible they would love to pave the entrance by mid November of December. Eastridge said that it all depends on the asphalt plant; however, he said it would be a waste to put the binder down in the frost. Eastridge stated that at least by November there will be an update to predict what may be accomplished before winter. It was noted that the slope going to the Assabet has always been a bid discussion.
Marold stated that after the grubbing start the detention basin. She noted that the river is the most visible edge of the project and it is important to have a good public face.
Eastridge noted that Lloyd Geisinger sent a letter to Paul Blazer about the 10 acre parcel to be held in by a non-profit organization. There was discussion about the Conservation Agent or a Commissioner being assigned as the director and president of this non-profit organization. Responsibilities would be to monitor the site to assure that the condo association cuts the fields once per year in August and to make sure the walking trails are usable. Eastridge stated that in this non-profit corporation the individual is protected and the Condo Association is willing to provide insurance. Proctor as well as Esteves agreed to take on the role as long as Town Counsel reviewed and approved.
Byrne made a motion that Katrina Proctor be appointed as director and president of the non-profit organization and David Esteves as an alternate if the Town Counsel reviews and approves, seconded by Wood with all in favor.
9.2. Notice of Intent (DEP #190-486)
Applicant: Paul Davis
Location: Chapin Rd.
Project Description: the owner/applicant proposes to construct a home with grading, driveway, culver installation over intermittent stream and landscaping.
Paul Byrne asked why the owner did not file a Notice of Intent for the detention basin. DiPersio said that he worked with David Crossman who delineated the intermittent stream.
DiPersio explained the proposal. The Commission said that any crossing should be proposed as with the minimum disturbance and it was noted that changing the lot lines would avoid a crossing and take a look at minimizing clearing next to the brook. DiPersio will look into these issued for the next meeting October 19th.
Byrne made a motion to continue the hearing to October 19th, seconded by Rodrigues with all in favor.
9.3. Request for Determination of Applicability (HUD #331)
Applicant: George Contrada
Location: 123 Main St. (Hudson Motor Cars)
Project Description: replace water supply pipe between street valve and meter, install granite
planter to enhance walkway project, grade and repave parking lot as needed.
Joe Rodrigues noted that he went to the site. He recommended a hooded catch basin. The plans were reviewed. The Commission recommended that Contrada speak with Michelle Ciccolo about increasing the size of the “dimple” i.e. drainage area shown on town’s property located behind 123 Main St.
Byrne made a motion that that the water is to be piped into a slightly bigger “dimple” i.e. detention basin creating a larger “dimple”, seconded by Wood with all in favor.
Byrne made a motion to continue the hearing to October 19th, seconded by Wood with all in favor.
9.4. Informal discussion with Mike O’Malley and his attorney to discuss the Enforcement Order which requires the filing of a Notice of Intent.
Byrne asked for more stone on the downward side of detention basin A. O’Malley agreed and said that he would have the hydro-seeding done at the end of next week. He said they will loam and seed all the way down to detention basin A. Byrne also noted that Mr. Santos at 9 Hickory Lane notified the Commission of concerns about silt on his property. O’Malley agreed to have a landscaper come in to make the repairs. Mr. Santos said that he is satisfied so far and will be satisfied when the job is done.
Mike O’Malley said that he will file a Notice of Intent for the project site; however, he asked if it is necessary given that he has done everything the Commission is asking for under the Enforcement Order. Byrne made a recommendation to the Commission that the work should be done under the Enforcement Order as long as the water is clear and if not then a Notice of Intent would be required.
Byrne made a motion to work to continue under the Enforcement Order and to monitor water quality, seconded by Minot Wood with all in favor.
O’Malley said that he met with David Burke wetlands consultant last week to make recommendations on the Louriero property off Juniper Rd. Burke needed a copy of the plan and the Enforcement Order. O’Malley expects to have the findings next week.
9.5. Continuance Hearing - Notice of Intent (DEP 190-471)
Applicant: Neil Fossile
Location: Lots 1 & 2 Causeway St.
Project Description: construction of two single family house lots on common driveway, with associated utilities, grading and landscaping. Common driveway includes a bridge-type brook crossing.
DiPersio noted that the logistics of the soil test did not work out because Neil Jr. and DiPersio were afraid to undermine the road and property so close to the stream. It was agreed that one of the conditions would be to dig a test hole at the preconstruction meeting to determine the bank construction. Joe Rodrigues and Minot Wood were in favor of the suggestion.
Byrne made a motion to close the hearing and issue an Order of Conditions as follows:
1) The wetland crossing will be done during low flow (summer) as approved by the Commission.
2) Hold a pre-construction meeting on the project site with the Conservation Commission and/or the Conservation Agent, the project site supervisor and the engineer to dig a test hole and to finalize the plan for bridge construction.
3) Deed restriction .(This condition language will be supplied by Thomas DiPersio prior to the issuance of the Order of Conditions)
The motion was seconded by Misty-Anne Marold with all in favor.
9.6 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.
(See new plan submitted and dated 9/21/06)
9.6 and 9.7 were opened simultaneously. Ownership was discussed. Poole said that Atty. Gionetti is working on getting the owners signatures on the Notice of Intent applications. Byrnes asked who owns each of the properties. Byrnes could not determine whether a third NOI must be filed.
David Esteves made a motion to continue the hearings until the owners sign the NOI’s, seconded by Byrne.
Discussion on the motion.
Terrence Joyce said that he wants the owners at the public hearings to discuss the filings.
Vote was taken.
Byrne voted in favor.
Esteves voted in favor.
Joyce voted in favor.
Rodrigues voted in favor.
Wood voted in favor.
Marold voted in opposition noting that she wanted to respond to the new plan.
Vote 5-0-1 Motion Carried.
Byrne stated that if the signatures are received the hearings will be opened on October 19th and will be put first on the agenda.
9.7 Continuance Hearing Notice of Intent (DEP 190- 484)
Applicant: Richard Wiel
Location: 8 Lakeside Ave.
(See new plan submitted and dated 9/21/06)
(See 9.6)
9.8 (Agent Comments: Continue the hearing to 10/19/06. Wildlife Habitat evaluation received
10/4/06)
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.
Byrne made a motion to continue the hearing to October 19, seconded by Esteves with all in favor.
Misty-Anne Marold noted that she spoke with Brian Butler about the format of the wildlife habitat evaluation and directed him on a format which she felt would be more useful to the Commission.
9.9 (Written Request to continue to 10/19/06)
Continuance Hearing ANRAD (DEP #190-485)
Applicant: LPM Holding Company, Inc.
Owner: Watson Ventures LLC
Project Description: resource area delineation only
Byrne made a motion to continue the hearing to October 19, seconded by Esteves with all in favor.
10.0 Adjournment - David Esteves made a motion to close the meeting at 9:00 PM., seconded by Joe Rodrigues with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
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