Minutes Approved on 4/19/07
Page 1 of 8
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-2020
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Minutes
April 5, 2007
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, David Esteves, Terrence Joyce and Richard Millett. Conservation Agent Katrina Proctor was also in attendance. Absent was Joe Rodrigues. The Commission welcomed newly appointed Commissioner Richard Millett.
1.3. Additions to the agenda (3.13, 3.14, 3.15)
2.0 General Business
2.1 Minutes
2.1.1 March 15, 2007 - Paul Byrne made a motion to approve the minutes, seconded by Minot Wood with all in favor.
2.2 Vouchers – None.
2.3 Correspondence
2.3.1 Gemini Signs $185.00 Danforth Lot Sign (previously voted on)
2.4 Agent Report
2.4.1 Proctor noted that she went to the MSMCP monthly meeting this month with Marlboro Agent Pricilla Ryder. The meeting highlighted the new perennial stream equation. Software was provided to help in determining whether a stream in intermittent and perennial.
3.0 Hearings and Appointments
3.1 Tony Marques, DPW Superintendent
3.1.1 Brigham St. – upgrade.
Tony explained that DPW is in the preliminary planning stages for repair/upgrade of the roadway from Chapin Road to the Marlboro town line and also a stretch of Brigham St. He noted that there are additional plans to extend the sewer line from Rolling Lane stating a pump station may be needed. He indicated that he would like to do both of the projects at the same time. He noted that Executive Assistant Paul Blazer has included these projects in the FY’09 Capital Plan.
Tony explained that his appearance before the Commission is to find out what the Conservation Commission will be looking in the proposal. He also asked the Commission to consider what type of intuitive ideas they have to alleviate drainage problems on Brigham St. He noted the width of Brigham St. is generally 28’ however the narrow section in the vicinity of the extensive wetlands may be around 22’ – 24’; Chapin Rd. is 24’ – 26’ wide.
Paul Byrne asked that input from the Internal Traffic Committee be provided to the Commission detailing what concerns they may have i.e. road width needs, sidewalk necessity etc. Tony said that he would put the item on the ITC meeting agenda and get back to the Commission.
3.1.2 Danforth Lot – potential water supply. Tony noted that he came before the Commission about 2 years ago providing information on the town water supply needs situation. He stated that the town has appropriated a large sum of money to do test wells for additional water supply within the community. He said that the town is slowly getting into a position of water bans. He stated that there is no “redundancy” right now, explaining that we could get into a situation of not being able to meet peak summer demand and could get into a critical need situation. Tony continued that they have used two different engineers for the water supply studies. He said that due to cost considerations they are trying to find a water source within the town owned
properties. The second engineer working on the project confirmed what the first engineer found. Four test wells have been drilled at Gates Pond and the result did not find the yield they were looking for. The second choice option is to drill testing wells at the Danforth Lot Conservation Land on Lincoln St. Tony proposed a coordination of efforts at Danforth Lot to be beneficial to both the Conservation Commission and the needs for a water supply. Tony asked if this project is out of the realm of what the Commission would consider and if not he is requesting permission for test well drilling. Terrence Joyce asked if there are any other options. Tony stated that there is a property adjacent to the high school but noted that the High School has an issue of loosing control. He noted another option is the Buteau Conservation Land on Marlboro Rd./Reed Rd. Tony noted that Danforth has the higher level of probability. He also
noted that he has no specifics about the property at this time with regard to where the test drills would be located and what impacts there would be on the property. Conservation Agent Katrina Proctor advised the Commission that Article 97 must be considered. This law protects the public interest in Conservation Land. If the Commission considers allowing the water supply on this property they first must vote to allow it, then the town meeting would have to vote and then a 2/3 vote in the state legislature. Proctor advised that the Commission research Article 97 or ask Town Counsel for an opinion on this matter in order to be sure they act appropriately prior to granting approval for test wells. Paul Byrne made a motion to request town counsel opinion under Article 97 for the purpose of investigating whether the commission can authorize DPW to do any investigation i.e. test wells without Article 97 approval. The motion was seconded by Minot
Wood with all in favor.
3.1.3 Houghton St. Bridge – Tony stated that the project is 25% designed.
3.1.4 Street Sweeping and Catch Basin Cleaning
DPW started street sweeping on Monday but they had to stop because of the snow storm. All catch basins will be cleaned this year. Tony said that DPW has a claw and vac truck for catch basin cleaning. They will also hire contractors. Dave informed Tony that the catch basin on Technology Drive is full. Tony agreed to clean it asap.
3.1.5 Wastewater Treatment Plant
DPW is filing an NOI to replace the force main to Cox St. Tony explained that the 1972 pipes have corroded bottoms. There have been 6-7 breaks over the last couple of years.
3.2 Notice of Intent (DEP #190-492)
Applicant: Andrew & Lisa Paradis
Representative: Steve Poole, Consolidated Design
Location: 49 Shay Rd.
Project Description: construction of a 24’ X 36’ horse stable, as an accessory structure to the existing house, a portion of which is within the Riverfront Area of Fort Meadow Brook.
Steve Poole, Consolidated Design explained the proposal. He noted that the owners are currently working under a building permit to convert the old stable into a 2 car garage with additional bay for tractor. They are proposing a new stable which will alter 624 sq. ft. between the 100 ft and 200 ft. Riverfront Area of Fort Meadow Brook.
Paul Byrne asked when the last time horses were on the property. Poole did not know. Terrence Joyce recalled a time when horses were on the property. Proctor asked for a manure management plan. Paul Byrne asked what the distance requirements are to keep horses away from surface water. Scott Morrison, wetland scientist from EcoTec stated that the Drinking Water Standards require horses be kept 100 ft. away from surface water. Paul Byrne asked Proctor and Poole to determine if there are any requirements under the Watershed Protection District Bylaw. The Commission strongly believed that the stable should be located outside of the 200 ft. Riverfront Area. The owner was not in attendance at the meeting. Poole will consult with his client.
Paul Byrne made a motion to continue the hearing to April 19th, seconded by David Esteves with all in favor.
3.3 Continuance Hearing - Notice of Intent (DEP #190-490)
Applicant/Owner: Alfred J. & Jean C. Zerega
Location: 15 Lyman St.
Project Description: demolish existing single family structure, construction a new single family structure and remove of trees within the Buffer Zone.
Tom DiPersio, Thomas Land Surveyors explained that the BOH approved the septic system design permit. Paul Byrne asked how much impervious area has been added for this proposal. Tom calculated approximately 4000 – 5000 s.f on the .63 acre parcel. The Commission asked for the approximate corners of the house to be staked and will perform site visits independently.
Paul Byrne made a motion to continue the hearing to April 19th, seconded by David Esteves with all in favor.
3.5 Notice of Intent (DEP #190-495)
Applicant: Paul Davis
Location: Lot 2 Hammond Circle
Project Description: the owner has constructed house on the lot. A small portion of the associated grading and landscaping is within 100 ft. of an intermittent stream with no BVW. Proposed are mitigation plantings for the work done within the Buffer Zone.
It was noted that the Commission was waiting for the DEP number to be issued before issuing the Order of Conditions. It was noted that the DEP issued the file number and did not offer any additional comments.
Paul Byrne made a motion to close the hearing and issue a standard Order of Conditions, seconded by Minot Wood with all in favor.
3.6 Notice of Intent (DEP #190- 494) Retention Basin Hammond Circle
Applicant: Paul Davis
Representative: Tom DiPersio Jr., Thomas Land Surveyors
Location: Hammond Circle subdivision roadway
Project Description: The owner has constructed a retention basin to receive runoff from a new subdivision. A portion of the basin is within 100 ft. of an intermittent stream with no BVW. Proposed are mitigation plantings for the work done which is within the Buffer Zone.
It was noted that the Commission was waiting for the DEP number to be issued before issuing the Order of Conditions. It was noted that the DEP issued the file number and did not offer any additional comments. Paul Byrne reminded DiPersio that the Commission will need an as-built plan.
Paul Byrne made a motion to close the hearing and issue a standard Order of Conditions, seconded by Minot Wood with all in favor.
3.7 Request for Amendment of the Order of Conditions (DEP #190-457A)
Applicant: Todd Marsh, Paramount Construction
Representative: Steve Poole, Consolidated Design
Location: Lot 1 & 2 Coolidge St.
Project Amendment: connection between the parking area on Lot 2 and the building on Lot 1, as well as associated grading and retaining wall additions on the project.
Steve Poole and Todd Marsh were present for the hearing. Poole explained that the proposed use of the building now includes a day care and the driveway must be extended to allow a drop off for children. The amendment includes extension of the driveway and the retaining wall must also be extended.
Paul Byrne expressed concern that the plan approved by the Conservation Commission has changed from block retaining walls to gabions rock wall. Paul stated that the design changes required Commission approval and an amendment to the Order of Conditions. Steve Poole said that they received approval from the Building Inspector and apologized for the oversight. The Commission expressed concern that over time the gabions may not hold i.e. wire baskets could rust and/or could become compromised and the wall could fall into the wetlands. Paul said that he has seen blow outs. Marsh noted that the wire is galvanized steel and that there is a lifetime warranty. Steve Poole said that gabions are used along stream banks. Byrne also stated that the Order of Conditions
require monthly status reports which we have not been receiving.
Wetlands consultant for the applicant, Scott Morrison of EcoTec stated that he has recommended a sediment forbay at the end of the existing culvert pipe. He noted that the plans will need revisions and requested a continuance.
Paul Byrne opened the discussion up to the audience.
Tom Mitchekie, 69 Florence St. stated that would just ask that the Commission do everything in its power to protect the wetlands.
Paul Byrne made a motion to continue the hearing to April 19th, seconded by Minot Wood with all in favor.
3.8 Request for Determination (HUD# 331)
Applicant/Owner: John Kovacs
Location: 55 Causeway St.
Project Description: construction of a 12' X 10' deck supported by four sono tubes within the 200 ft. Riverfront Area.
John Kovacs explained that he had been before the Commission previously for work on the house, and now is requesting to replacing and expanding a deck off the front of the house.
Paul Byrne made a motion to close the meeting and issue a negative determination with the condition that sono tube foundation will be dug by hand and there will be no use of heavy equipment. The motion was seconded by Minot Wood with all in favor.
3.9 Notice of Intent (DEP#190-498)
Applicant/Owner: Charles Freeman, Trustee Riverside Realty Trust, LLC
Location: (Lot 8) 7 Freeman Circle
Project Description: construction of a single family house with septic system, swimming pool, driveway and site grading/landscaping, portions of which re in the buffer zone of a Bordering Vegetated Wetlands and a Bordering Land Subject to Flooding (floodplain Assabet River).
Paul Byrne noted that this is an “after-the-fact filing” and that the applicant and the engineer neglected to file a Notice of Intent for the house construction. He continued that an Order of Conditions was issued for the subdivision roadway and that it is the Commission’s usual practice to require individual filings for house lots. Charlie Freeman explained that his ex-partner did all the permitting and he thought that the houses were included in the subdivision roadway. He apologized and said that when he began inquiring about constructing swimming pools Proctor became aware of the issue and he complied with her request for the Notice of Intent submittal.
Several Commissioners expressed concern about the fact that the buffer zone has been altered up to the Bordering Vegetated Wetlands. It was noted that erosion controls for the subdivision roadway were installed around the entire subdivision to protect all of the wetlands.
The Commission was not satisfied with the proposed location of the pool and asked Freeman to consider relocating the pool. The Commission also recommended establishing a conservation easement to include a no disturb zone with permanent demarcation. It was noted that a conservation easement were discussed during the original roadway filing and a Lot 1 has a conservation easement.
Terrence Joyce stated that he does not see a pool as a necessity.
Paul Byrne made a motion to continue the hearing to April 19th, seconded by Minot Wood with all in favor.
3.10 Notice of Intent (DEP#190-497)
Applicant: Dana & Colleen MacPhee
Owner: Charles Freeman, Trustee Riverside Realty Trust, LLC
Location: (Lot 7) 8 Freeman Circle
Project Description: construction of a single family house with a septic system, swimming pool, driveway and site grading/landscaping, portions of which are in the Buffer Zone of a Bordering Vegetated Wetlands and the Bordering Land Subject to Flooding (floodplain of Assabet River).
It was noted that Notice of Intent an “after-the-fact filing” and that the applicant and the engineer neglected to file for the house construction. An Order of Conditions was issued for the subdivision roadway and individual house lots must file separately.
Note: Charlie Freeman’s apology was the same for both 7 & 8 Freeman Circle.
The Commission was concerned was concerned about the fact that the buffer zone has been altered and also concern for work proposed in the Bordering Land Subject to Flooding.
The Commission was not satisfied with the location of the pool and asked Freeman to relocate the pool and also to establish a conservation easement and establish a no disturb zone with permanent demarcation.
The Commission was displeased that there has been clearing to the edge of the Bordering Vegetated Wetlands. The Commission asked the applicant and engineer to consider a naturalized planting plan, a conservation easement and some type of permanent marker.
Terrence Joyce stated that he does not see swimming pools as a necessity in relation to permitting work within the Bordering Land Subject to Flooding and Buffer Zone.
There was discussion about pool maintenance, i.e. down the water level of the pool for seasonal closure and also concern about where the water would be discharged after heavy rain. Poole stated that the water could be directed into the dry well. The Commission asked about the elevation of the ground water. Freeman said groundwater is at 3 ft. The Commission was concerned about pool water discharge and the proposed drywell expressing concern of groundwater contamination.
Paul Byrne made a motion to continue the hearing to April 19th, seconded by Minot Wood with all in favor.
3.11 Lake Boon Association – Lee Lyman - Weed Treatment
Lee Lyman and Kent Keith appeared before the Commission per the Order of Conditions and the specific conditions which requires approval from the Conservation Commission prior to herbicide application. They also indicated that they will be submitting a written request for a 3 year extension of the Order of Conditions. It was noted that the current Extension Permit will expire 2007.
Lee Lyman explained that they plan to apply the same chemicals that were approved by the Original Order of Conditions (Cepro, Sonar – floridone and back up treatments of Reward).
Paul Byrne stated that the Commission was concerned about the effects of the treatment on the pilot project which included removal of invasive plants and transplanting of native plants. Lee explained that beginning in May, Richard King will evaluate the project and he expects the area to be inundated with invasive plants. Lee stated that the project will be documented and noted that these particular herbicides do not affect the native indigenous plants; therefore the treatment can occur without negative impacts. Lee noted that the last treatment lasted almost 3 years. Lee explained that this time they will be able to do a boost treatment and do not expect a lawsuit threat. He noted that the treatment should last between 3-4 years. He also noted that the Order of
Conditions require Commission approval every year. Last year the Town of Stow requested 3 year extensions and Lee suggests the same for Hudson.
Lake Management Plan was discussed. Proctor asked to be informed of any presentation to be held by the Lake Boone Commission for information on the Lake Management Plan.
Paul Byrne made a motion to allow the herbicide treatment this Spring per the Order of Conditions DEP 190-392, seconded by Minot Wood with all in favor.
8.0 Advertisements and Conferences
9.0 Commentary
9.1 Winter Moths – Terrence Joyce submitted a “Pest Alert” from Department of Conservation and Recreation. Terrence would like to see if the Town of Hudson is preparing for the infestation of the winter moth. Proctor will inform DPW.
9.2 Meeting schedule. Paul Byrne made a motion to cancel the regularly schedule meeting on July 1, seconded by Minot Wood with all in favor.
9.3 83 Central St. Dex by Terra previously Bryant Machinery – Esteves stated that he has witnessed very dark soils being removed from 83 Central St. Proctor provided an update noting that she spoke to Jeff Wood, Building Commissioner about this and he said that an Earth Removal Permit is not needed. He said that the property owner said he was taking the material to his home in Shrewsbury. Wood also provided a 21E Assessment report which states there were not contaminated soils on site. Esteves believes the soils are being brought to Washington St.
10.0 Adjournment – Paul Byrne made a motion to adjourn the meeting at 9:50 PM. seconded by Minot Wood with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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