Minutes Approved 6/7/07
Page 1 of 5
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Leif Longtine, Member Richard Millett, Member Joseph Rodrigues, Member
Minutes
April 19, 2007
7:00 P.M.
1.0 Preliminaries
1.1. Chairman 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, Leif Longtine, Richard Millett and Joe Rodrigues.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1 Minutes
2.1.1 April 5, 2007 - Paul Byrne made a motion to accept the minutes as written, seconded by Minot Wood. Vote: 6-0-1 Joe Rodrigues abstained.
2.2 Vouchers
2.2.1 Gemini Sign Co. $185.00 (Danforth Falls Sign) Paul Byrne made a motion to pay the voucher, seconded by David Esteves with all in favor.
2.3 Sign Order of Conditions – Signed.
2.3.1 DEP 190-494 Retention Basin Hammond Circle
2.3.2 DEP 190-495 – Lot 2 Hammond Circle
2.4 General Business
2.4.1 Soccer Fields proposed in the Town of Stow near Lake Boon.
David Esteves made a motion that the Commission send a letter to the Town of Stow Conservation Commission, Recreation Department and Board of Selectmen informing them that the Town of Hudson is concerned about the Town of Stow proposing 11 – 12 soccer fields next to Lake Boon and asking to be notified of any public meetings so that the Hudson Conservation Commission can have the opportunity to comment on their concerns with regard to the use of herbicides and pesticides. The motion was seconded by Minot Wood, with all members in favor of the motion.
2.4.2 Discuss Carl Leeber’s request to replace fence. The Commission determined that Carl Leeber needs to file for an Amendment to the Order of Conditions rather than a Request for Determination.
2.4.3 Deed Restriction – 159 White Pond Rd. Proctor will provide the Commission with a copy of the proposed deed restriction.
2.4.4 Enforcement Order – Paul Byrne made a motion to issue an Enforcement Order to Todd Marsh, Paramount Construction for failure of the gabion walls at the Coolidge St. project. The motion includes the following:
1) cease and desist construction activities
2) secure the wetland by entrenching silt fence
3) requirement for a peer review of the engineered plans for a concrete block wall
The motion was seconded by Minot Wood.
Vote was taken:
Paul Byrne voted in favor of the motion.
Minot Wood voted in favor of the motion.
David Esteves voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Leif Longtine voted in favor of the motion.
Richard Millett voted in favor of the motion.
Terrence Joyce abstained from the vote.
Vote: 6-0-1 motion carried.
3.0 Hearings and Appointments
3.1 Jennifer Burke, Town Planner to Discuss Community Preservation Act
Jennifer Burke and Linda Ghiloni appeared before the Conservation Commission as individuals and members of the committee to pass the Community Preservation Act. They explained that in 2000 the Community Preservation Act was signed into law. This Act allows communities to raise and dedicate funds for open space protection, affordable housing and historic preservation. All funds raised will be matched by the State.
The proposed 1% tax surcharge for the CPA will be offset by the proceeds from the sale of Town land on route 62, for the Highland Commons retail mall project. They explained that $1.7 million from the sale of the property will be put into the Community Preservation Fund. A local community preservation committee will be appointed to hold public hearings and recommend a plan to the town for the use of these funds. All expenditures must be approved at Town meeting.
After 5 years the Town can opt out of the CPA through the same process they did to adopt it: it must be approved at both the Town Meeting and the general Town election.
Jen and Linda requested that the Conservation Commission members individually send a letters of support.
3.2 Highland Commons – Per Conservation Commission request.
Paul Seidenberg project manager was present to the meeting as requested by the Commission. Paul Byrne said saw plume coming under the road on the northern side of Rt. 62. He stated that there were 2 breaches of the erosion control line. The retention basins did their job to slow the water down. Wood chips were spread in the Buffer Zone. The Commission wants to be informed about the construction schedule. Mike Priest from Benderson Development was present. John Walton from Benderson, project superintendent.
Bob DeMeleo, Planning Board Chairman said everyone knew this rain was coming, giving time to prepare and react to problems. Three additional detention ponds were added.
Gene Crouch, wetlands scientist from VHB visited the site after the rain event. He noted that two days prior to the storm they were working on buttoning up. They had spent all day Thursday and Friday laying bark chips.
The Commission thanked the individuals for coming in to the meeting and providing the update.
3.3 West Ridge Estates – David Eastridge per Conservation Commission request.
Paul Byrne stated that on Monday he noticed breaches and saw a plume on Wheeler Road.
David Eastridge said that he showed up on Tuesday morning and found problems on site. He directed mitigation which included excavating the soils from behind the hay bales and excavating a new trench to divert water away from the intermittent stream channel. The issue is now resolved and Conservation Agent Katrina Proctor came out to the site to witness the mitigation efforts. David said that there was much more rain than ever expected and no one was working on Monday due to Patriots Day Holiday.
David Eastridge said that on Tuesday night the water was running clean.
David Esteves noted that there are still stumps remaining in the lagoon that needs to be removed. He stated that this is the second request for removal. David Eastridge said that his already on record with the contractor and will see to it that the stumps are removed.
The Commission thanked Eastridge for coming in.
3.4 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.
There was discussion about the request to cut down the large pine trees. It was noted that the soils are sandy and the owner is afraid that they will come down on their own. Al Zerega said that he would be glad to replant trees. Paul Byrne commented on wave action at this section of the lake. Paul said that he would want the stumps to remain so that the bank is not disturbed. Al said that he would keep the area natural and will not plant lawn. The Commission asked for a 1:1 replacement to be shown on another drawing. The Commission explained that they will not allow hay bales and will require silt fence.
Minot Wood made a motion to close the public hearing and issue an Order of Conditions with the following special conditions:
1) planting plan to be submitted to the Commission for their approval showing a 1:1 transplanting ration.
2) Silt fence must be used for erosion controls, no hay bales are allowed.
The motion was seconded by David Esteves, with all in favor.
3.5 Received a letter withdrawing the project.
Continuance 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.
Paul Byrne made a motion to accept the withdrawal of the Notice of Intent DEP 190-492, seconded by David Esteves with all in favor.
3.6 Continuance Meeting - 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.
See. 2.4.4. - The engineer said that he could not attend and wanted the meeting to be opened for the Commission to make a decision.
Paul Byrne made a motion to continue the meeting to May 3, 2007, seconded by David Esteves with all in favor.
3.7 Rec’d letter requesting continuance to May 3, 2007.
Continuance Notice of Intent (DEP#190-497)
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 made a motion to continue the meeting to May 3, 2007, seconded by David Esteves with all in favor.
3.8 Rec’d letter requesting continuance to May 3, 2007
Continuance Notice of Intent (DEP#190-498)
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).
Paul Byrne made a motion to continue the meeting to May 3, 2007, seconded by David Esteves with all in favor.
4.0 Pending
4.1 Danforth Lot – potential water supply (DPW seeks comments)
5.0 Advertisements and Conferences
6.0 Commentary
7.0 Adjournment – Paul Byrne made a motion to adjourn the meeting at 8:45 PM, seconded by Leif Longtine with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
| 
