Minutes Approved on 6/7/07
Page 1 of 6
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Leif Longtine, Member Richard Millett, Member Joseph Rodrigues, Member
Minutes
May 3, 2007
7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 PM.
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 19, 2007 – tabled.
2.2 Vouchers – Paul Byrne made a motion to pay all vouchers, seconded by Minot Wood with all in favor.
2.2.1 ConsCom – 09 Total = $70.00
· John Scichilone, Constable Services $35.00 (Richard & Erica Weil)
· John Scichilone, Constable Services $35.00 (Todd Marsh)
2.2.2 ConsCom -10 Total = $30.00
· MSMCP Dues $20, Annual Meeting $10
2.2.3 ConsCom – 11 Total = $90.00
· MACC Annual Meeting – Richard Millett
2.3 Correspondence
2.3.1 White Pond Road – Draft Conservation Easement Language.
Proctor will provide copies of the conservation easement language to commission members.
2.4 Agent Report
2.4.1 Danforth Lot – Update
2.4.2 Bruce’s Pond
2.4.3 49 Shay Rd. – The Commission is requesting that the applicant file an Request for Determination as the project is so close the Riverfront and requires a manure management plan.
2.4.4 10 Lake Shore Dr. – David Esteves made a motion to notify the applicant that they must an RDA for dock enlargement, seconded by Minot Wood with all members in favor.
2.4.5 24 Lake Shore Dr. – reconstructed a wall without Commission approval per the generic Order of Conditions for Fort Meadow residents. Must file RDA.
2.4.6 66 Cox St. – Paquette Dental Building – Steve Poole presented the plan. Paul Byrne made a motion to require a Notice of Intent filing, seconded by Terrence Joyce with all in favor.
2.5 Planting plan received for DEP 190-490 Zerega, 15 Lyman St. The Commission reviewed the plan an asked the Agent to issue a letter to Mr. Zerega asking him to plant trees the trees behind the stumps of the trees that are approved to be cut.
2.6 Extension Order Lake Boone DEP #190-362 – Paul Byrne made a motion to issue the Extension Order, seconded by Minot Wood with all in favor.
2.7 Request for Certificate of Compliance 310 Cox St. DEP 190-312 – Paul Byrne made a motion to issue the Certificate of Compliance, seconded by Minot Wood with all in favor.
3.0 Hearings and Appointments
3.1 Request for Determination of Applicability (HUD #332)
Applicant: Paul & Linda Ryan
Location: 5 Pierce St.
Project Description: replace a 14 X 18 existing deck with a 14 X 18 addition and farmer’s porch.
Mr. Ryan explained the plan. The proposed addition will be located in the same place and same size as the existing deck. They are proposing a knee wall.
Minot Wood made a motion to issue a negative determination with one special condition: 1) Call the Conservation Office for an inspection of the siltation fence prior to any construction. The motion was seconded by Joe Rodrigues with all in favor.
3.2 Notice of Intent (DEP 190-499)
Applicant: Anthony Marques, Hudson DPW
Location: 1B Municipal Dr.
Project Description: replacement of a force water main
Charles Caron of Caron Environmental submitted the green cards (abutter notification). Kevin Olson, Wright Pierce, the Town’s consultant explained the wastewater upgrade. He said that 14” force main has problems with breaks. The proposal is to install a new 18” force main to be laid adjacent to the existing main.
Charles Caron described the wetlands and noted that the culvert connects two wetlands. He said that there was a previous fill easement. Caron said that the wetlands vegetation consists of red maple and skunk cabbage. He stated that in order to avoid the gas line there will be 20 s.f. of wetlands alteration. The area may need dewatering as there is a low spot pine stand that offers a good place for dewatering. The will abandon the 14” force main from Cox St. to the waste water treatment plan. The 12” force main will stay active. The 14” line was installed in the 1980’s but has had many breaks in the line. The 12” line is much older but has not had the problems. The Commission explained their preference for silt fence or silt sock. Caron noted that there will be a full time resident inspector on site during construction.
Paul Byrne made a motion to close the hearing and issue an Order of Conditions with the following conditions:
1) Silt fence or silt socks only: hay bales are prohibited.
2) Notify the Conservation Office for an erosion control inspection and pre-construction meeting.
The motion was seconded by Joe Rodrigues with all in favor.
3.3 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.
Todd Marsh stated that he does not intend to build the bridge anymore. Paul Byrne read the Order of Conditions and violations noted in the Enforcement Order. The Order requires monthly reports and the NPDES Plan and the Commission has not received either. At the last meeting we discussed that change to gabion walls was done without the Commission’s authorization and required an Amendment to the Order of Conditions. At that last meeting Dave Esteves said that the gabion walls would fail and now they have. Dave requested a report from FGG the design engineer to include information on where the fill came from. Marsh said that the fill came from the Fossile site, 290 First Colony. It was noted that the boring test smelled like garbage. Poole said that he did a couple of test holes and that he found tires and this property was a general dumping site for people. Dave said he is concerned about compaction of the site and only saw heavy equipment
Poole said that the gabion walls will be removed. Dave said that in the original discussions first the walls were going to be poured concrete, then block walls and now gabions were installed and this is a violation of conditions #4 & 5. Steve Poole stated that he is concerned about the potential for the wall to fall down and requested that they be allowed to remove the gabion wall. Dave said that he wants to wait until the structural engineers have performed their review.
Paul Byrne made a motion that the Commission allow removal of the gabion walls from Wetland Flag #7 the south side to the west side until where the gabions failed with the condition that the refrigerator and tires be removed be taken out of the wetland. 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.
Leif Longtine voted in favor of the motion.
Richard Millett voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Terrence Joyce voted in opposition of the motion.
David Esteves voted in opposition of the motion.
Motion Carried.
Paul Byrne made a motion to continue the hearing to May 17, 2007, seconded by Minot Wood with all in favor.
3.4 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).
It was noted that the recent storm was a 10 – 25 year storm. Flooding was observed at the property. Steve Poole stated that the proposal for the pool in the flood plain (BLSF) provides compensatory storage with the cut and fills. Byrne reminded the Commission that proposal is an “after-the-fact” filing for the house and a request for an in-ground swimming pool within the Bordering Land Subject to Flooding.
Dave Esteves said that a pool in the back yard is a bad idea. The Commission was very concerned that habitat has already been taken away due to disturbance of the wet meadow. Paul Byrne quoted the regulations for Bordering Land Subject to Flooding and required the applicant provide a wildlife habitat study. Steve Poole stated that EcoTec is working on a wetlands restoration plan.
Paul Byrne made a motion to continue the hearing until May 17, 2007, seconded by Minot Wood with all in favor.
3.5 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).
The Commission required the developer to move the construction equipment out of the resource areas and the associated buffer zone. Steve Poole showed a new plan for review however, he did not submit this plan. The plan included a planting plan.
Byrne reminded the Commission that the proposal is an “after-the-fact” filing for the house and a request for an in-ground swimming pool within the Bordering Land Subject to Flooding.
The Commission requested a wildlife habitat study and stated that they want the study done for both Lot 7 and Lot 8 Freeman Circle.
In order to get an idea where the vote was headed the Commission took a poll vote.
David Esteves, Terrence Joyce and Leif Longtine did not want to permit the pool.
Proctor recommended the commission take a poll to find out how the commission feels about approving a swimming pool in the floodplain of the Assabet River. David Esteves, Terrence Joyce and Leif Longtine said they do not want to approve the pool. Minot Wood, Joe Rodrigues and Richard Millet said they thought a pool would be okay. Paul Byrne said that he want a wildlife habitat study he could offer his opinion.
Paul Byrne made a motion to continue the hearing until May 17, 2007, seconded by Minot Wood with all in favor.
3.6 Richard & Erica Weil – 6 Lakeside Ave.
Consolidated Design Engineer, Steve Poole represented his daughter and son in-law. All of them appeared before the Commission.
Steve presented an 81X plan, which is a plan stamped by an engineer confirming lot lines. Lots 37, 192 & 191 are owned in common title. Lot A is 6 Lakeside Ave.
ANR Plan was filed with the Planning Board. The Planning Board meets on May 15th.
Paul Byrne made a motion to continue with site preparation to include demolishing the existing building at 6 Lakeside Ave. No construction will be allowed until a revised plan is brought back to the Commission. The motion was seconded by Minot Wood with all in favor. Motion Carried.
4 Pending
4.5 Town of Stow – proposed soccer fields at Pine Bluffs, near Lake Boon. At this time the soccer fields are not being pursued.
5 Advertisements and Conferences
6 Commentary
7 Adjournment - Paul Byrne made a motion to adjourn the meeting at 9:30 PM, seconded by Minot Wood with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent.
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