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CONSERVATION COMMISSION MINUTES 2003

The Conservation Committee Members

Conservation Commission Minutes,
Meeting of December 2, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       K. Pickren
       D. Livengood

1. K. Pickren called the meeting to order at 6:30 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of November 5, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A motion was made by D. Livengood to accept the Minutes of the meeting of November 25, 2003 with a correction in section 3. A. from Ice Pond to Clemence Pond. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Public Hearing - Para Land Surveying for Kenneth Leblanc - Dennison Lane

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 6:30 PM. Rick Para of Para Land Surveying gave an overview of the project - a single family house with septic design. A site walk was held on November 26, 2003. K. Pickren, D. Livengood, R. Hanson and G. Parent were present. A discussion of the site followed. Mr. Leonardo Vigneault of 241 Dennison Lane asked if work on this property would cause any additional pooling in the wetlands behind his home. Mr. Para explained that the contours of the Leblanc property will carry the water away from the Vigneault property. It was noted that replication can be done after the construction is completed.

A motion was made by D. Livengood to close the Public Hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Public Hearing - Para Land Surveying for Richard Para - Alpine Drive

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 6:45 PM. Rick Para of Para Land Surveying gave an overview of the project - a single family house with septic design. A site walk was held on November 26, 2003. K. Pickren, D. Livengood, R. Hanson and G. Parent were present. A discussion of the site followed. Samuel and Christine Cobain of 458 Alpine Drive were present and asked whether the construction on this lot would affect the two streams running behind the house on their property. Mr. Para explained that the work on this lot will not affect those streams and swampy areas at all.

A motion was made by D. Livengood to close the Public Hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Public Hearing - Para Land Surveying for Robert Flynn - Eastford Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:00 PM. Rick Para of Para Land Surveying gave an overview of the project - a single family house with septic design. A site walk was held on November 26, 2003. K. Pickren, D. Livengood, R. Hanson and G. Parent were present. A discussion of the site followed. It was noted that fill will be added before work starts. There is an area designated for large boulders to be placed, along with the hay bales. There is a culvert that is too small for the purpose, made of 18" corrugated pipe. A discussion was held regarding the optimal timing of the replacement of this pipe. It was decided that it could be replaced in the spring.

A motion was made by D. Livengood to close the Public Hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

7. Public Hearing - Bertin Engineering for Spaho Corp. - Lots 1-6 N. Woodstock Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:15 PM. A discussion of all six lots was held. The public hearing continued through the times published for all six lots to ensure that anyone who wished to be heard on any of these lots had the opportunity to do so. The proposal for each of the six lots is to install a sewer lateral connection. Mike Loin of Bertin Engineering explained that a 1 1/4" low pressure tubing would be installed. Downhill pumping systems will be installed. Mrs. Barbara Renaud and Mr. David Payeur were present as abutters. Mrs. Renaud asked about tree cutting on these lots.

The following actions were taken pending the receipt of file numbers by DEP. The public hearing will be deemed not closed should DEP have any additional requirements.

A motion was made by D. Livengood to close the Public Hearing (see above). The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions (see above). The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

8. Continuation - Bertin Engineering for Ron Cotton - Guelphwood Road

K. Pickren reopened this Public Hearing at 8:00 PM. Mike Loin of Bertin Engineering submitted revised plans for this storage facility. He stated that he had spoken with Gary Delmaine of DEP who agreed that the stream on this lot is not a perennial stream, therefore an alternatives analysis is not necessary. Also, Mr. Loin explained that he had altered the plan to include 2:1 replication, removing the need for a 401 water quality study. There will be two catch basins with oil collectors protecting the wetlands. No stumping will take place.

A motion was made by D. Livengood to close the Public Hearing. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions with the added special condition that the Stormwater Collection System Operation and Maintenance handout prepared by Bertin Engineering be included in the Order of Conditions. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

9. K. Pickren noted that Massachusetts Highway wants to come and see the issues on Route 131 about which the Commission wrote a letter several weeks ago.

10. It was decided unanimously to adjourn until January 6, 2004 at 6:30 PM. The time was 8:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of November 25, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       K. Pickren
       D. Livengood
       H. Wotton

1. K. Pickren called the meeting to order at 6:40 PM.

2. A site walk was scheduled for 4 PM on November 26, 2003 to cover three sites, one on Alpine Drive, one on Dennison Lane and one on Eastford Road.

3. Public Hearing: Request for Amendment - George Clemence, Clemence Hill Road, DEP # 291-0246

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 6:55 PM. The work originally contemplated by the Notice of Intent was split into two phases - this is Phase II. The Amendment requested is for the following:

A. To remove existing trees behind his existing dwelling within the 100' buffer to bordering vegetated wetlands adjacent to Clemence Pond.
B. To obtain approval for a crossing over an intermittent stream from one portion of his property to an open field to allow crossing for horses
C. To discuss removal of manure from the site to other land owned by Clemence family members.

A discussion was held regarding selective tree cutting on this property. The Commissioners indicated that no excavation could be done here, including no stump removal. Ed Paquette, the contractor, gave an overview of a driveway slope change that he hoped to have approved. He suggested that the driveway be sloped toward the wetland to allow the water to flow there immediately rather than be channeled off to the other side and then flow through a culvert. The Commissioners were concerned about sand and salt on the driveway running directly into the wetland. The Commissioners requested that Mr. Clemence obtain a second professional opinion and set up a site walk with such professional and the Commission.

A motion was made by D. Livengood to continue the public hearing to January 6, 2004 at 6:45 PM. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Mr. Paquette acknowledged the Commission's insistence that he file a separate deed restriction on Lots 4 and 5 Alpine Drive (stated as a special condition in the Orders of Conditions on both lots) before the Commission will issue Certificates of Compliance.

5. Public Hearing - Bertin Engineering for Al West - 348 Dresser Hill Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:15 PM.

This plan is for a single family home, with associated septic system and a studio workshop. A discussion was held regarding the particulars of the site. It was noted that the road is outside the buffer zone.

A motion was made by D. Livengood to close the public hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the standard Order of Conditions with the additional special condition that materials must be stored outside of the buffer zone. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Request for Determination of Applicability - Bertin Eng. for Norman Cloutier - 833 Main Street

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:23 PM.

A discussion was held regarding the proposed construction of a pre-fab carport at the rear of the existing manufacturing building. There will be no excavation or grading for construction.

A motion was made by G. Parent and seconded by D. Livengood to issue a Negative Determination of Applicability as the work will have no impact on the wetland. A vote was taken by a show of hands. The motion passed, unanimous in favor.

7. Public Hearing - Bertin Engineering for Spaho Corp. - Lot 13 N. Woodstock Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:25 PM.

Mike Loin of Bertin Engineering gave an overview of the proposed single family home to be built on this lot. DEP has concerns regarding rare species and performance standards for riverfront areas. Mr. Loin indicated that the location of the house will be moved as part of an alternatives analysis. He requested that the hearing be continued until the January meeting.

Several abutters were present.

A motion was made by D. Livengood to continue the public hearing to January 6, 2004 at 7:00 PM. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

8. Public Hearing - Bertin Engineering for Spaho Corp. - Lot 14 N. Woodstock Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:43 PM.

Mike Loin of Bertin Engineering gave an overview of the proposed single family home to be built on this lot. Several abutters were present. Mr. Loin discussed the erosion control measures to be taken on this lot. Four drop manholes will be installed. Hay bales and a silt fence dug in 6" will be used. Mr. Loin indicated that Hamer Clarke of the DPW had approved a winter tie in to the town sewer line and also had specified in detail the type of tie in that would be necessary.

Mr. Peter Silverberg of 400 N. Woodstock Road noted that some tree cutting was performed within 200 feet of the river without proper approval. Mr. Loin acknowledged that it had occurred and that it was halted when it came to the attention of the owner and engineer.

A motion was made by G. Parent to close the public hearing. D. Livengood seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by G. Parent to issue the standard Order of Conditions with the special condition that hay bales and a silt fence buried 6" must be installed on the site. D. Livengood seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

9. Public Hearing - Trifone Design Consultants for Dan Flynn, Flycon Homes - Lot 6 Eastford Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 8:00 PM. This project is a single family house with septic design. A public hearing was held on November 5th regarding the project, but abutters had not been notified. Therefore the public hearing was republished for November 25, 2003. No abutters were present.

A motion was made by G. Parent to close the Public Hearing. The motion was seconded by D. Livengood. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by H. Wotton to issue the Standard Order of Conditions with the following special conditions, just as they were voted upon at the November 5, 2003 meeting:

1. This Order is issued pending Title V approval.
2. All spoils must be stockpiled away from the hay bales. If the hay bales are disturbed, they must be replaced immediately.

The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor. (Mr. Trifone noted that Title V approval had been granted.)

10. Public Hearing - Bertin Eng. for Ron Cotton - Guelphwood Road

Mike Loin of Bertin Engineering gave an overview of the proposed construction of a commercial storage facility within the buffer zone of a seasonal brook. DEP is requesting a water quality study on this site. Ruby Jones, an abutter, asked if there would be any blasting. Mr. Loin said there would not be any blasting.

Mr. Loin requested that this public hearing be continued.

A motion was made by D. Livengood to continue the public hearing to December 2, 2003 at 7:45 PM. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

11. Scott Lazo, owner of 5-7 Mill Street appeared regarding renovations at that address. He was instructed to file a Request for Determination of Applicability. All work here is within the original footprint of the building. Mr. Lazo noted that he had cleaned up several trucks worth of trash from out of the river. Waste is currently being trucked off site immediately as there is no meaningful space for a dumpster.

A motion was made by D. Livengood to issue a Negative Determination of Applicability as soon as the Request is filed, as there will be no impact on the river. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

12. It was unanimously decided to buy the necessary handbooks so that each member has a complete and up to date handbook.

13. It was noted that Mike Loin of Bertin Engineering received a call from a woman living in Charlton near the Southbridge Landfill. She complained that there was runoff coming from the landfill. Mr. Loin called Hamer Clarke of the Southbridge DPW. He was already aware of the problem. He also called the clerk of the Charlton Conservation Commission, who had already been informed of the problem by DEP.

12. It was decided unanimously to adjourn until December 2, 2003 at 6:30 PM. The time was 8:50 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of November 5, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       K. Pickren
       D. Livengood
       H. Wotton

1. K. Pickren called the meeting to order at 6:35 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of September 9, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A motion was made by D. Livengood to accept the Minutes of the meeting of September 23, 2003. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Public Hearing - Trifone Design Consultants for Dan Flynn, Flycon Homes - Lot 6 Eastford Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 6:45 PM. Fred Trifone gave an overview of the project - a single family house with septic design. Some work will be within the 100' buffer, but will be more than 50' from Cohasse Brook. Fred Trifone agreed that spoils must be stored as far away from the Brook as possible. Hay bales are in place. It was agreed that the bulldozer need not enter the wetland.

A motion was made by D. Livengood to close the Public Hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions with the following special conditions:

1. This Order is issued pending Title V approval.
2. All spoils must be stockpiled away from the hay bales. If the hay bales are disturbed, they must be replaced immediately.

The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. A Request for Certificate of Compliance by Ed Paquette for Lots 4 & 5 Eastford Road was discussed. A site walk was conducted and all was found to be in order. However, site specific conditions on these lots included the requirement that a permanent deed restriction be placed on each of these lots stating that the wetlands may never be filled in, with a copy sent to the Commission. The Commission has not received copies of these. Certificates may not be issued until these are received. When Certificates are finally issued, Mr. Paquette's cash bond in the form of a Cashier's check will be returned.

A motion was made by D. Livengood to issue the Certificates when the deed restrictions are received. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Mike Loin of Bertin Engineering presented preliminary plans for Norman Cloutier of 833 Main Street. He plans to construct a pre-fab carport at the rear of the existing manufacturing building. There will be no excavation or grading for construction. The carport will be anchored by ground spikes. Mr. Cloutier must file a Request for Determination of Applicability. K. Pickren said he would go by and take a look.

7. A motion was made by G. Parent to grant a Certificate of Compliance to Ruby Jones, 80 Guelphwood Road. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

8. A discussion was held regarding a request for Determination of Applicability by Phillip Parent for construction of a roof over walls already present at 13 Coombs Street, rear of the building. This is in the Buffer Zone of Cohasse Brook, but will not impact the brook. A motion was made by D. Livengood to grant a Negative Determination of Applicability with the condition that there be no excavation. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

9. A discussion was held regarding a Request for Determination of Applicability (to be filed) by Better Living Sunrooms for Ted Bartlett, 655 Dennison Drive. A sunroom is planned to be added to the rear of this house, close to a wetland. No machinery will be used and all digging will be done by hand. A motion was made by G. Parent to issue a Negative Determination of Applicability (after the appropriate request is filed) with the condition that all digging be done by hand. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

10. K. Pickren presented a letter to Massachusetts Highway Department for the Commissioners' consideration regarding erosion along route 131. The Commissioners all signed.

11. A motion was made by D. Livengood to purchase stationery and envelopes from Scott Offset Printing, the lowest quote we received. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

12. It was decided unanimously to adjourn until November 25, 2003 at 6:30 PM. The time was 8:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of September 23, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       K. Pickren
       D. Livengood
       H. Wotton

1. K. Pickren called the meeting to order at 6:42 PM.

2. Public Hearing - Route 198 Improvements - Chas. H. Sells for Mass. Highway

Representatives from Chas. H. Sells, Inc. and Ann Sullivan from Massachusetts Highway Department were present and gave an overview of the project plans. There will be new pavement, some new sidewalks and some new guardrails. Drainage issues will be addressed and the road will be widened from Dennison to Durfee Street. Two culvert crossings of Cohasse Brook will be refitted with precast concrete box culverts. The Massachusetts Highway Department has filed with DEP because they will be over the 100 cubic yard dredging limit. Seven wetland locations will be filled. The replication ratio is slightly more that 1:1. The new sidewalk will be across the street from Eastford Road school.

K. Pickren asked if the ratio could be increased. The applicant's representatives said that they would try to increase it as much as they could.

A motion was made by D. Livengood to close the public hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

A motion was made by D. Livengood to issue the standard order of conditions and seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

Special note: final plans for this project will be available in the DPW office.

3. Colonial Drive, Lots 15 and 16 - Para Land Surveying and Mike Colognesi for Christo Konstantakis. Present were Rick Para of Para Land Surveying, Atty. Mike Colognesi, and Mr. Peter Nikolla. The applicant's attorney and the Commission agreed to reserve the discussion of possible single family homes until after the test borings have been drilled on these two lots and the compaction of the fill has been determined. Therefore, the applicant's representatives asked that all project descriptions except for the drilling of test borings be withdrawn from the Notices of Intent on Lots 15 and 16. A motion was made by D. Livengood to accept the applicant's request, close the public hearing with respect to the test boring work, and issue an order of conditions that would cover only the drilling of the test holes with the following special conditions:

The Commission must be notified of the date on which these test bore holes will be dug.
Geotextile fabric must be present on the property so that it is available for use if necessary.
All spoils must be removed immediately from the site if not replaced.
Test bore holes must be filled immediately with sand or 1" stone.
The work may not be performed on a rainy day.
A silt fence protecting the wetlands must be installed and buried 6" prior to any drilling being done. The fence may be placed further down the slope from where the test borings will be taken in the location where it would be placed should construction go forward.
The applicant may request an amendment to this Order of Conditions (by written letter to the Commission, with publication and abutter notification, but no fee) no later than January 6. 2004 for the purpose of presenting site plans for these lots. The applicant may request an extension of this deadline on or before January 6, 2004. If no such request for amendment or extension is made by January 6, 2004, the applicant must refile if he wishes to seek approval for any such site plans.
The contractor hired to drill the test borings must read the Order of Conditions and sign a certification stating that he/she has read the conditions and will abide by them.

The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor. K. Pickren was not eligible to vote as he was not present at all sessions of this public hearing.

4. The commissioners noted that the Airport Commission will need to file a Notice of Intent for the construction of a building at the Airport which is within the 100 foot buffer.

5. It was unanimously agreed to issue a Corrected Order of Conditions for Trahan Bros., Inc. in order to change the name of the property owner since the business has been sold. K. Pickren stated that he had received two calls regarding work at the site. The clerk was instructed to remind the new property owner, D&M Realty Trust, to contact the Commission before work goes forward, and to inform the Commission of the name of the contractor.

6. K. Pickren noted that no improvements have been made at 54 Maria Avenue; the hay bales are still in the swale and the rip rap is not in place. The clerk was instructed to send a memo to the Town Building Inspector regarding this issue.

7. The commissioners noted that work was being done beyond Phase I at the Clemence project. K. Pickren will investigate.

8. It was decided unanimously to adjorn until October 7, 2003 at 6:30 PM. The time was 8:00 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of September 9, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       D. Livengood
       H. Wotton

1. G. Parent called the meeting to order at 6:40 PM.

2. A motion was made by D. Livengoond to accept the Minutes of the meeting of August 19, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Colonial Drive, Lot 15 - Para Land Surveying for Christo Konstantakis.

Present were Rick Para of Para Land Surveying, Atty. Mike Colognesi, Mr. Christo Konstantakis, and one other person whose signature was illegible. Mr. James Marino Sr. was also present. Mr. Para gave an overview of some additional measures depicted on the revised plan now submitted which would deter silt from any test holes or construction from damaging the wetlands below the steep grade on this lot. Mr. Para proposes hay bales supported by 4X4 posts, or, alternatively, chain link or stockade fence. He also proposes that the hay bales be stacked with staggered joints. The revised plan mentions two phases: first, the drilling of test holes and, second, the construction of the homes. He has specified that any groundwater that is encountered would be pumped out, although he said that running into groundwater would be unlikely. G. Parent and Mr. Para discussed different types of seeding and also the specifics of anchoring the geotextile fabric. Mr. Para noted that the soil disturbed for the test pits would be replaced the same day. G. Parent voiced his concern that silt could still be an issue. D. Livengood asked about the state of the curb cut. Mr. Para indicated that the curb cuts for both this lot and lot 16 are already in place, and that the sidewalk is a vertical lip except for the tapers at the curb cut, and slopes to the road as opposed to down the hill.

G. Parent asked Atty. Colognesi where Mr. Konstantakis stands regarding the possibility of giving a cash bond. Atty. Colognesi argued that there is no provision in the Wetlands Protection Act or in the regulations that gives the Commission authority to require a bond. In addition, he argued that the amount suggested was punitive. G. Parent then asked who would be responsible for any damage to the wetland. Atty. Colognesi said that absent a contract with a builder, the owner of the land would be responsible, and that if he refused there are penalties that can be imposed. G. Parent said that he would like to continue the public hearing in order to allow the Town Engineer to look over the plans. The applicant's representatives agreed to continue the Public Hearing until September 23, 2003 at 7:00PM.

D. Livingood mentioned that the property at 32 Colonial Drive had been checked and there was no erosion present.

Mr. Para asked that if the Commissioners began to contemplate possible special conditions for these two lots, that he be notified so that he could work them into a plan as soon as possible.

A motion was made by D. Livengoond to continue the Public Hearing until September 23, 2003 at 7:00 PM. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Colonial Drive, Lot 16 - Para Land Surveying for Christo Konstantakis.

The Commissioners and the representatives for Mr. Konstantakis agreed that the facts concerning this lot are essentially the same as those of lot 15 and it was mutually agreed to continue this Public Hearing as well.

5. Public Hearing - Charles Sells, Inc. for the Massachusetts Highway Department Regarding Route 198 Improvements

The Public Hearing was postponed due to an error in printing by Stonebridge Press. The Hearing will be rescheduled and republished.

6. It was decided unanimously that the October meeting will be held on October 7, 2003 at 6:30 PM. It was also decided unanimously to adjourn until September 23, 2003 at 6:30 PM. The time was 7:15 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of August 19, 2003
6:30 PM, Planning Board Room

PRESENT:
       R. Hanson
       G. Parent
       D. Livengood
       H. Wotton

1. G. Parent called the meeting to order at 7:00 PM.

2. Public Hearing - Hunters Ridge - Para Land Surveying for Mutual Builders.

The Notice of Public Hearing was read by D. Livengood and the Public Hearing was opened at 7:03 PM. Mr. Rick Para of Para Land Surveying was present to give an overview of his Request for an Amended Order of Conditions for DEP file #291-226. He noted for the record that he is an abutter. Mr. Para also noted that the pertinent changes are all more protective of the wetlands involved. There will be deed restrictions that mandate no further alteration of wetlands on the lots where wetlands are present. There will also be deed restrictions regarding tree clearing. Wetland replication for phase 1 was increased to a full 2:1 ratio. There is a storm drain at the Route 131 curb cut. Projected house sites are now depicted as requested by MEPA. Some utility details have been altered. Mr. Para reminded the Commissioners that individual homeowners will need to appear before the Commission separately regarding their particular lots. Mr. Brian Amedy of 408 Main Street, Sturbridge, and Ms. Alice Amedy of 65 Southbridge Road, Dudley, were present as abutters (John Keenan land.) They were concerned about whether the proposed work would increase wetland area on their land. Mr. Para indicated that there are eleven detention basins and that there will not be an increase in wetland area on their land.

A motion was made by D. Livengood to close the public hearing. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion carried, unanimous in favor.

A motion was made by D. Livengood to find again that this is a limited project. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion carried, unanimous in favor.

A motion was made by D. Livengood to accept these amendments and reissue the same conditions as were issued originally on December 12, 2001. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

3. Public Hearing - Colonial Drive, lot 15 - Para Land Surveying for Chris Konstantakis.

The Notice of Public Hearing was read by the Clerk and the Public Hearing was opened at 7:20 PM. It was noted for the record that G. Parent was formerly an abutter to land owned by Mr. Konstantakis in this subdivision. Now that Mr. Konstatakis has sold the piece of land abutting G. Parent's land, G. Parent is no longer an abutter. Mr. Rick Para of Para Land Surveying gave an overview of the proposed excavation of test holes on this lot to determine the type of foundation that would be necessary should a house be built on the property. Mr. Para proposed a multi-layered system of hay bales and silt fence, along with a 12 inch sump to protect the wetlands below the extremely steep grade on this lot. He also indicated that any excavated material would be hauled off-site immediately, only boulders to be used in stabilization would be allowed to remain. Minor regrading would take place. The test pits would be re-seeded immediately. The Commission voiced it's concern that these measures would not be sufficient to prevent siltation of the wetland below, which was damaged significantly during previous construction. G. Parent brought up the possibility of requiring a $50,000.00 cash bond as an Order of Condition in order to provide funds for quick cleanup should the proposed measures fail to protect the wetland. Mr. Konstantakis requested a few minutes to speak with Mr. Para privately. The Commission took a short recess at 7:42 PM and reconvened at 7:48 PM. Mr. Para requested that the Public Hearing be continued. D. Livengood made a motion that the Commission grant the request and continue the Public Hearing to September 9, 2003 at 6:45 PM. H. Wotton seconded the motion. A vote was taken by a show of hands. The motion carried, unanimous in favor.

4. Public Hearing - Colonial Drive, lot 16 - Para Land Surveying for Chris Konstantakis.

The Notice of Public Hearing was read by the Clerk and the Public Hearing was opened at 7:55 PM. This lot is adjacent to the lot discussed in the previous public hearing and the facts are nearly identical. Mr. Para proposed the same precautions be taken to protect the wetlands below, and again, the Commission voiced its concerns. These lots are composed of fill. Mr. Christo Konstantakis, the applicant, was present and indicated that the fill was taken mostly from the excavation of Colonial Drive and from West Street School. It was noted that Nick Tortis of the Board of Health has requested that a compaction test be performed on these two sites.

Mr. James J. Marino Jr. of 32 Colonial Drive was present as an abutter. He indicated that there is some erosion on the left hand corner of his lot which abuts lot 16. He is concerned that disturbance of the fill on lots 15 and 16 would increase the problem on his lot. Mr. James J. Marino Sr. of 243 Dresser Street, the abutter's father, indicated that while doing yard work at 32 Colonial Drive one day, K. Pickren of the Southbridge Conservation Commission came by. Mr. Marino indicated that Mr. Pickren said that the house at 32 Colonial Drive should never have been built. Mr. Marino then said that if 32 Colonial Drive should not have been built, houses should not be allowed on these two lots. Mr. Konstantakis then asked if this comment of K. Pickren's, as related by Mr. Marino, Sr., would be recorded in the Minutes. The Clerk and the Commissioners indicated that it would. Mr. Para then questioned whether the cause of the erosion at 32 Colonial Drive is due to actions taken by Mr. Konstantakis or whether it might be due to some actions taken by a neighbor. G. Parent said again that there might be the possibility of a cash bond of another $50,000.00 for protection for this lot - a total of $100,000.00 cash bond for the two lots. Mr. Para suggested that if the cash bond possibility became a reality that Mr. Konstantakis's attorney and the town attorney work out the specifics. Mr. Para also asked the Commission if $50,000.00 per lot seemed reasonable. The Commissioners indicated that the amount of money needed for cleanup should a problem occur would be hard to estimate, but almost surely quite large. G. Parent asked if Mr. Para and Mr. Konstantakis would like to continue this Public Hearing or take another few minutes in the hall. Mr. Konstantakis construed this remark to be sarcastic. G. Parent clarified that Mr. Konstantakis has a right to confer with his representative if he so chooses. A site walk was then scheduled for both lots to be held on Saturday, August 23 at 1:00 PM. Mr. Para then requested a continuation of the Public Hearing. D. Livengood made a motion that the Commission grant the request and continue the Public Hearing to September 9, 2003 at 7:00 PM. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion carried, unanimous in favor.

5. Chas. H. Sells, Inc. for the Massachusetts Highway Department - Route 198 Improvements

Anne Sullivan of the Mass. Highway Dept., and John Wicks and Richard Lenox of Chas. H. Sells, Inc. were present to give an overview of the improvements planned for Route 198 - Elm Street and Eastford Road. A general description was given of the type of work to be done. Some areas will be widened. There will be 1:1 replication. New sidewalks will be installed. Pavement overlay will take place. Two culverts will be replaced. Drainage and safety improvements will be made. The Notice of Intent was filed and the Public Hearing scheduled for September 9, 2003 at 7:15 PM.

6. The Commissioners asked the Clerk to request permission to contact the town attorneys regarding the legality of, and proper procedure for, requiring cash bonds in Orders of Conditions.

7. It was decided unanimously to adjourn until September 9, 2003 at 6:30 PM. The time was 8:45 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of August 5, 2003
6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       H. Wotton

1.K. Pickren called the meeting to order at 6:40 PM.

2. A motion was made to accept the Minutes of the meeting of July 8, 2003. The motion was made by D. Livengood and seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Hunters Ridge - Para Land Surveying for Mutual Builders.

Mr. Rick Para of Para Land Surveying was present to give an overview of his Request for an Amended Order of Conditions for DEP file #291-226. He noted that the pertinent changes are all more protective of the wetlands involved. There will be deed restrictions that mandate no further alteration of wetlands on the lots where wetlands are present. There will also be deed restrictions regarding tree clearing. Wetland replication for phase 1 was increased to a full 2:1 ratio. Individual homeowners will each need to appear before the Commission regarding their particular lots. The Public Hearing is currently scheduled for August 19, 2003 at 6:30 PM.

4. Colonial Drive, lots 15 and 16 - Para Land Surveying for Chris Konstantakis.

Mr. Rick Para of Para Land Surveying gave an overview of the proposed excavation of test holes on these two lots to determine the type of foundation that would be necessary should houses be built on them. Mr. Para indicated a multi-layered system of hay bales and silt fence to protect the wetlands below the extremely steep grade on these lots. He also indicated that any excavated material would be hauled off-site immediately. The Commission voiced it's concern that these measures would not be sufficient to prevent siltation of the wetland below, which was damaged significantly during previous construction. A discussion was held regarding the pros and cons of drilling or doing a core analysis rather than excavation in order to determine the compaction and soil type present on the lot. Mr. Para filed Notices of Intent on both of these lots.

5. It was decided unanimously to adjourn until August 19, 2003 at 6:30 PM. The time was 8:35 PM

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of July 8, 2003
6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson

1. K. Pickren called the meeting to order at 6:30 PM.

2. Request for Determination of Applicability - Town of Southbridge.

Sandy Acly was present and submitted a letter explaining the sidewalk repair that the Town proposes to do under a Massachusetts Community Development Block Grant. Charlton Street, Worcester Street, Hamilton Street and West Street would be impacted. Discussion followed as to whether the work would impact any wetlands.

It was unanimously decided to issue a Negative Determination of Applicability, with the following special note: the concrete on Hamilton Street needs to be cut with a saw and not a backhoe due to the proximity to the river.

3. A motion was made by G. Parent to have the Clerk draft and send a letter to the Town Manager requesting the appointment of two new Commissioners to replace Lyle Caouette and George Bonneau, after we receive George Bonneau's resignation letter. The motion was seconded by D. Livengood. A vote was taken by a show of hands. The motion carried, unanimous in favor.

4. A motion was made by D. Livengood to issue a Certificate of Compliance to Reardon Builders for Dennison Drive Map 71, Lot 71D, DEP #291-0238. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion carried, unanimous in favor.

5. Public Hearing - Narciso Santa - 91 Coomb Street

D. Livengood read the Notice of Public Hearing at 6:45 and K. Pickren opened the Public Hearing. Present were Theodore Tetreault and William Santa. Mr. Tetreault explained that this is a reconstruction following a fire. The building will be forty feet wide and fifty feet deep. Lazo Construction will be performing the work. A discussion of the use of hay bales followed.

A motion was made to close the public hearing by G. Parent and seconded by K. Pickren. A vote was taken by a show of hands. The motion passed, unanimous in favor. A motion to issue the standard Order of Conditions was made by G. Parent and seconded by D. Livengood. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Continuation of Public Hearing - Jalbert Engineering for George Clemence - Single Family House, Clemence Hill Rd.

Present was Mrs. Joann Teachout of Jalbert Engineering. At the previous meeting, the Commission issued an Order of Conditions relating solely to the house, driveway, septic system and silt erosion plans. At that time, the Public Hearing was left open in order to accommodate a second phase of construction to include the extension of a driveway to a barn and brook crossing and tree cutting to make the existing pond visible. In an effort to adhere more closely to the spirit of the Regulations, a motion was made by D. Livengood to close the Public Hearing with respect to Phase I, the partial driveway and house plan. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

A motion to issue a corrected Order of Conditions showing the closing of the Public Hearing regarding Phase I was made by D. Livengood and seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

7. Request for Determination of Applicability - Extension of Tipton Rock Road.

Present were Chris and Michelle Dennison and Mike Williams of 287 Charlton Street, Southbridge. A site walk was held to determine whether a filing must take place regarding proposed improvements to 1200 foot of Tipton Rock Road. A site walk was held on June 26, 2003 and a copy of the site walk notes are attached hereto. A motion was made by D. Livengood to issue a Negative Determination of Applicablity as soon as the Request form is submitted to the Commission. The motion was seconded by G. Parent. Avote was taken by a show of hands. The motion carried, unanimous in favor.

8. Colonial Drive - Request for Permission to dig test holes.

Present were Mr. Chris Konstantakis and Mr. Tom Thibodeau. Mr. Rick Para also added information regarding the prospect of building on lots 15 and 16 on Colonial Drive. Mr. Konstantakis would like to have Yankee Engineering drill test holes in order to determine the stability of the fill on these lots. He indicated that an excavator would need to be used. The Commission was very concerned about any disturbance of the slope causing a major problem for the wetland below (this has been an issue in the past.) Mr. Konstantakis was told not to move forward until he sought the advice of an engineer. He was asked to return with a plan that will address how the proposed digging could take place without adverse impact to the wetland. No work is to be done until the Commission is satisfied that the wetland will be protected.

9. Hunter's Ridge

Mr. Rick Para of Para Land Surveying outlined a few changes and asked for input before filing for a Request for Amended Order of Conditions. He noted that the changes included increased wetland replication and deed restrictions on tree clearing.

10. Eastford Road - Single Family Home - Chris and Kim Favreau - Field Change

Mr. Rick Para of Para Land Surveying submitted revised plans showing some movement of the house and road and leach field from the original - all are now further from the wetland. A motion was made by G. Parent to accept the revised plans.

Motion was seconded by D. Livengood. A vote was taken by a show of hands. The motion carried, unanimous in favor.

11. Wood Recycling

A site walk was held at Wood Recycling on July 7th to deal with the continuing serious runoff problem. Present were K. Pickren, G. Parent, D. Livengood, Hamer Clarke of the Southbridge DPW, Marielle Stone, a Wetland Specialist from DEP, and Eric Pulsifer of WRI. The plan submitted by Lynnfield Engineering for cleanup and resolution of the problem is not being followed. Ms. Stone gave WRI until July 18th to submit workable plans for cleanup or face fines or shut down.

12. G. Parent reported having been notified by the Office of the Board of Health that cooking grease was being dumped onto the stream bank behind Royal Buffet on Route 131. He, along with Nick Tortis of the Southbridge Board of Health, directed the owner to do a thorough cleanup, which was done by the next day. G. Parent visited the site again and was satisfied that the contaminated soils had been removed, the other debris cleared, and the area reseeded.

13. A motion was made to accept the Minutes of the meeting of June 3, 2003. The motion was made by R. Hanson and seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

14. It was decided unanimously to adjourn until August 5, 2003 at 6:30 PM. The time was 8:52 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of June 3, 2003
6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson

1. K. Pickren called the meeting to order at 6:45 PM.

2. Public Hearing - Para Land Surveying for Robert Flynn - Eastford Road

D. Livengood read the Notice of Public Hearing at 6:47 and K. Pickren opened the Public Hearing. Present were Mr. Rick Para of Para Land Surveying and Mr. Robert Flynn. Mr. Para submitted revised plans. The house was moved ten feet toward the wetland and the width of the culvert crossing the brook was reduced. There will be 2:1 replication for the wetland disturbance. Carol Cornacchioli of 520 Eastford Road was present and inquired about where the culvert to be installed on the Flynn property was to be connected. Mr. Para indicated that Mr. Flynn's culvert would cross above hers.

A motion was made to close the public hearing by D. Livengood and seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor. A motion to issue the standard Order of Conditions was made by G. Parent and seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Continuation of Public Hearing - Jalbert Engineering for George Clemence - Single Family House, Clemence Hill Rd.

Present were Mrs. Joann Teachout of Jalbert Engineering, Mr. Ed Paquette, the builder, and Mr. George Clemence. Mrs. Teachout gave an overview of a proposed two phase approval process. The first phase would consist of the driveway, house and barn, and the second phase would deal with the brook crossing and tree issues. Mrs. Teachout submitted a copy of a letter she is sending to DEP to respond to their assertion that the application was unclear as to whether the work was being done in the Buffer Zone or in the Bordering Vegetated Wetland. Her letter explains that the work is being done in the Buffer Zone.

Mrs. Teachout explained that the plan is to excavate 2 feet in the driveway and put sand and gravel to the house lot. G. Parent suggested that they use processed gravel as a top coat on the driveway and it was so noted and initialed on the plan. Also noted and initialed on the plan was the addition of earthen berm along the top portion of the driveway where it comes out onto Clemence Hill Road. There was discussion about the safety of the grade of that section of the driveway, and Mr. Paquette and Mr. Clemence said that it would be further leveled. There will be piles of excavation material that will be tarped to prevent siltation.

A motion to stay the public hearing (in order to accommodate a second phase) was made by D. Livengood and seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor. A motion was made to issue the standard Order of Conditions by G. Parent and seconded by D. Livengood. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Mr. Ron Trudeau, Operations Manager for the Department of Public Works discussed the Vegetation Management Program. They will be using Round Up for the purpose of clearing vegetation mainly under guard rails where other means of removal is not cost effective and is time consuming. Mr. Trudeau will be the applicator as he is the only Department member licensed at this point. Mr. Trudeau said that this will be a trial situation and the effectiveness and benefits will be monitored to determine whether this method is preferable to manually removing the vegetation. He also noted that the Department of Food and Agriculture monitors the use of this material closely. An agent is added to the Round Up to prevent drift and application will only take place on certain days and in certain weather conditions.

5. A motion was made to accept the Minutes of the meeting of May 6, 2003 with a correction to the spelling of Ken Pickren's name. The motion was made by D. Livengood and seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. There was discussion concerning the continuing problem regarding Wood Recycling at the point where Barefoot Road crosses the wetland. Issues at that point still need to be addressed.

7. K. Pickren suggested that a blackboard be installed in the Planning Board Room to aid in presentations. R. Hanson offered to donate one.

8. K. Pickren suggested that a scholarship grant be given to the High School student most involved in conservation. G. Parent said he was not sure that the funds could be allocated for such a purpose.

9. It was decided unanimously to adjourn until July 8, 2003 at 6:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of May 6, 2003
6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson

1. K. Pickren called the meeting to order at 7:00 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of March 4, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. G. Parent, D. Livengood and R. Hanson voted yes. A yes vote was later obtained from H. Wotton who was not present. K. Pickren abstained as he was not present at the April , 2003 meeting. Therefore, the motion passed.

3. Jalbert Engineering for George Clemence - Single Family House, Clemence Hill Rd.

The Notice of Public Hearing for the Clemence case was read at 7:02 PM by David Livengood. Mrs. Joann Teachout then gave an overview of the proposed project. Mr. Clemence wishes to build a single family house and a horse barn. He will install a gravel driveway of considerable length along an existing cart path. There was discussion regarding the bridging of a brook. Mr. Clemence proposes railroad ties, which concerned some members of the Commission. Mrs. Teachout agreed to get necessary flagging done and contact K. Pickren to set up a site visit. A motion to stay the Public Hearing until the next meeting was made by D. Livengood and seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

4. It was decided unanimously that Applicants and Contractors will be asked to sign a form stating that they have read Orders of Conditions and agree to abide by them, whenever Orders of Conditions are issued.

5. It was decided unanimously to adjourn until June 3, 2003 at 6:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of April 8, 2003
6:30 PM, Planning Board Room

PRESENT:
       G. Parent
       D. Livengood
       R. Hanson
       H. Wotton

1. G. Parent called the meeting to order at 6:35 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of March 4, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

3. Mr. Corey Brote asked the Commission to review his plans for a single family house to be built at 54A Maria Avenue. The Commissioners reviewed the plans and reminded Mr. Brote of the Order of Conditions that is currently in effect for this property. The Commissioners agreed that Mr. Brote's plans were satisfactory, but he must call K. Pickren or G. Parent before starting work.

4. A request had been made to extend the Order of Conditions for the Industrial Park Access Road. A motion was made by David Livengood to extend the Order of Conditions for this project, file number 291-209. The motion was seconded by H. Wotton. A vote was taken by a show of hands. The motion carried, unanimous in favor.

5. A new Certificate of Compliance was signed for 586 Charlton Street (Map 10, Lot 4). The certificate originally issued was never recorded.

6. A letter drafted by K. Pickren supporting the application of the Town of Southbridge for funding under the Partnership Grant Program for 2003 in order to improve areas relevant to the Grand Trunk Trail was signed by the Commissioners present.

7. It was decided unanimously to adjourn until May 6, 2003 at 6:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of March 4, 2003,
6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson
       H. Wotton

1. K. Pickren called the meeting to order at 6:40 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of February 18, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

3. A replacement Certificate of Compliance was signed for Lot 25 (#164) Maria Avenue. The original was signed in 1997 and never recorded.

4. It was decided that the Certificate of Compliance for the previous work done on the Water Treatment plant would have to wait until better weather would allow for site walks by the Commissioners.

5. A note was received on the DEP file number notification for the Trahan Brothers project requesting an alternatives analysis be completed due to work in a riverfront area. It was noted that the minutes of the meeting of February 18, 2003 show that Mike Loin of Bertin Engineering and Tom Chamberland of the Army Corps of Engineers agreed that the area in question is not a river but a lake. K. Pickren said that the Order of Conditions could be sent to the applicant for recording, but that he would contact Marielle Stone and Mike Loin for clarification. He also noted that the contractor must contact the Commission with the requisite phone numbers and that the contractor must sign and return a copy of the Order of Conditions to the Commission, as stated in the Order of Conditions.

6. A note was received on the DEP file number notification for the Randolph street project requesting an alternatives analysis be completed. K. Pickren said he would contact Marielle Stone for clarification.

7. A discussion was held concerning the appropriate title for the action taken on the Order of Conditions for XTABI, Inc. A motion was made by D. Livengood and seconded by G. Parent to call the action a Corrected Order of Conditions. A vote was taken by a show of hands. The motion carried, unanimous in favor.

8. It was agreed that the Commissioners would look over newly retyped drafts of the town-specific Order of Conditions and forward suggestions to K. Pickren.

9. It was decided unanimously to approve the purchase of several stamps to be used to help clarify certain clerical procedures.

10. It was decided unanimously to adjourn until April 8, 2003 at 6:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes, Meeting of February 18, 2003, 6:30 PM, Planning Board Room

PRESENT:
       G. Parent
       D. Livengood
       R. Hanson
       L. Caouette

1. G. Parent called the meeting to order at 6:40 PM.

2. Public Hearing - Bertin Engineering for Trahan Bros., Inc.

D. Livengood read the Notice of Public Hearing at 6:45 PM and invited Mike Loin of Bertin Engineering to give an overview of the project. The proposed work includes construction of a new warehouse and associated paved display areas, and implementation of Phase II stormwater management practices for the proposed and existing site. Two detention basins are to be installed to control existing and future stormwater runoff. There will be a retaining wall, fencing and landscape buffers.

Karen Pickarski of 372 South Street attended and asked about runoff washing away sections of a trail that runs behind the property. Mr. Loin stated that Trahan Bros., Inc. has been working to remedy the situation and, in fact, has been in contact with the Army Corps of Engineers regarding the methods to be used in rectifying the existing conditions.

Richard Harwood of 561 South Street attended and inquired about an existing ten foot driveway easement. Mr. Loin stated that it was to be used as emergency access or for utilities.

Tom Chamberland of the Army Corps of Engineers attended and stated that he was satisfied with the proposed changes since he had spoken at length earlier with Mr. Loin. Mr. Loin stated that the tree buffer would be doubled as revised and initialed on the plan. Mr. Loin also indicated that Trahan Bros., Inc. would work with the Corps of Engineers to alleviate the stormwater erosion affecting the trail. It was agreed that should an Order of Conditions be issued, these two specifications would be made part of the Order. In addition, Mr. Chamberland stated that the buffer zone depicted as a Riverways Buffer Zone on the Bertin Engineering Plan is in actuality the edge of Westville Lake not the bank of the Quinebaug River. Mr. Loin then pointed out that the Riverways Bill is not, then, applicable to this case.

A motion was made by D. Livengood to close the Public Hearing at 7:00 PM and seconded by L. Caouette. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

A motion was made by D. Livengood to issue the Standard Order of Conditions with two additional conditions:

1. That Trahan Bros., Inc. install the tree buffer as indicated and initialed on the presented plan, and
2. That Trahan Bros., Inc. be required to work with the Army Corps of Engineers to alleviate the stormwater erosion affecting the trail.

The motion was seconded by R. Hanson. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

3. Para Land Surveying for XTABI

Richard Para explained that the NHESP has agreed with the findings of EBT Environmental Consultants and their proposed conditions for the area of proposed expansion at 126 Ashland Avenue. These conditions are that the applicant will remove the surface concrete on the slope and the blocks in the sluice. In addition, the pooling area of the sluice will be cleaned and/or excavated to a foot depth in order to increase the settling area for the last 20% of colloidal which are not accounted for in the storm water design. The applicant will also take on a permanent condition that states no salt is to be utilized at this facility and that parking, driving and loading areas will be swept at a minimum of twice a year (mostly spring) so as to remove surface sands which would accumulate during winter sanding. All of this will reduce colloidal silts in the storm water system and will ensure water quality will not effect the triangle floater mussel.

A motion was made by D. Livengood to issue an Amended Order of Conditions with the additional conditions listed above. The motion was seconded by L. Caouette. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

4. A motion was made by L.Caouette to accept the Minutes of the meeting of November 12, 2002 and the Minutes of the meeting of January 21, 2003. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

5. A motion was made by L. Caouette to adjourn until March 4, 2003 at 6:30 PM and seconded by D. Livengood. A vote was taken by a show of hands. The motion carried, unanimous in favor.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes, Meeting of January 21, 2003, 6:30 PM, Planning Board Room

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson

1. K. Pickren called the meeting to order at 6:40 PM.

2. Continuation of Public Hearing - Randolph Street Athletic Field Project

K. Pickren read the Notice of Public Hearing at 6:45 PM and invited Mark Soper to give an overview of the project. The proposed work includes pulling some 10-15 year old trees in order to create a practice field and allow room for some picnic tables. The possibility of installing stairs and a security light on land owned by Ron Cooper was also discussed. Fill to be used would be spoils from the pool and some fill left since the 1955 flood, when Cady Brook was straightened.

Pauline Metras, who lives near the area, attended and raised concerns regarding cutting the trees, as well as regarding people riding motorbikes along the brook. She also raised concerns about a downed tree crossing the brook and the freezing of some foam with a yellowish tint at some points on the brook. K. Pickren said that he thought the foam was probably the buildup of tannic acid as a natural result of the decomposition of leaves. He asked Mark Soper if the tree across the brook could be removed when the tree removal begins, and Mr. Soper agreed. Ms. Metras was also concerned about property values decreasing due to this project.

A motion was made by D. Livengood to close the Public Hearing at 7:25 PM and seconded by G. Parent. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

A motion was made by G. Parent to issue the Standard Order of Conditions and seconded by R. Hanson A vote was taken by a show of hands. The Motion carried, unanimous in favor. K. Pickren asked Mark Soper to let the Commission know when they would begin cutting trees.

3. Public Hearing: Town of Southbridge, Maintenance Project at Reservoirs 3, 4 and 5.

This Public Hearing was continued from the meeting of December 3, 2002, which was cancelled due to lack of quorum.

K. Pickren read the Notice of Public Hearing and opened the Public Hearing at 7:30 PM. K. Pickren gave an overview of the project in lieu of a presentation by Hamer Clark. A discussion was held regarding the methods to be used to do the repair work necessary at the Reservoir and the time frames.

A motion was made by G. Parent to close the Public Hearing, and was seconded by K. Pickren. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

A motion was made by G. Parent to accept the plans as presented and to issue the Standard Order of Conditions. The motion was seconded by D. Livengood. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

4. Representative Mark Caron stopped by. He lives near the Randolph Street project and came to voice his support. He also mentioned possible upcoming projects regarding the Providence and Worcester Railroad tracks being converted into trails.

5. Request for Determination of Applicability - Friends of the Rez - 7:50 PM

The Friends of the Rez were represented by Scott Benoit. Also present for the Estate of Claire B. was Mary Liro. The project involves cutting down trees to ease lawn maintenance and to enhance aesthetics, installing a telephone pole, and repairing a retaining wall. A fence may also be moved to allow benches to be placed closer to the water, and a gate may also be moved to allow for handicap accessibility.

After discussion, a motion was made by D. Livengood and seconded by G. Parent to issue a Negative Determination of Applicability subject to two conditions. The conditions are that hay bales be place properly while work is underway, and that the Friends of the Rez check with the Department of Public Works regarding the proper ADA compliance with regard to the installation of any handicap ramp. A vote was taken by a show of hands. The Motion carried, unanimous in favor.

6. A motion was made by D. Livengood to adjourn until February 4, 2003 at 6:30 PM and seconded by R. Hanson. A vote was taken by a show of hands. The motion carried, unanimous in favor.

Respectfully submitted,

Karen A. Loin, clerk

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