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The Conservation Committee Members

Conservation Commission Minutes,
Meeting of December 16, 2004
6:30 PM, Lawrence Hyman Conference Room

PRESENT:
       K. Pickren
       G. Parent
       C. Cornacchioli
       D. Livengood
       R. Hanson
       M. Doyle

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 December 7th meeting with the corrections to section 3. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor. A motion was made by D. Livengood to accept the Minutes of the October 21st meeting. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Hamer Clarke of the Southbridge DPW informed the Commission that two beaver dams would be breached on Guelphwood Road to allow for preparations for the installation of a new pipe for the purpose of alleviating the recurrent flooding on that street.

4. K. Pickren noted that John Healy has applied to for Building Permits for Lots 15 & 16 Colonial Drive. K. Pickren has informed the Building Inspector that there are conditions listed in the Order covering these lots that must be satisfied before building permits can be issued.

5. Request for Certificate of Compliance - Thomas Cusson - Lebanon Hill Road

A site walk was held this week. D. Livengood made a motion to issue a complete Certificate of Compliance to Thomas Cusson for Lebanon Hill Road - DEP #291-274. G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. It was unanimously decide to send a thank you letter to Schott Fiber Optics for their diligence in investigating concerns of contaminated soils on the proposed site of their new shed. Soil tests have shown that the presence of heavy metals is far below the reportable limits.

7. Continuation of Public Hearing - Dufresne-Henry for the Town of Southbridge - Barefoot Road

Randall Christensen of Dufresne-Henry, Rick Spieler of Casella Waste and Tracy Markham, compliance officer, were present. Mr. Christensen stated that the total area of impact for this project is 23,000 square feet. The replication ratio will be over 1:25 - 1. Thirty-six thousand square feet will be replicated. This third plan shows replication areas that are connected to existing wetland systems. Four thousand square feet will be replicated at the wetland Z area, nine thousand four hundred square feet will be replicated at the wetland C area, and twenty-three thousand three hundred square feet will be replicated at the wetland I area. Mr. Christensen discussed his specifications for construction sequencing, timing, nursery stock, predation controls and monitoring plan. It was noted that the predation controls (monofilament webbed between stakes to prevent deer, beavers and geese from sabotaging the new vegetation) should be removed at the same time as the erosion control measures.

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

8. It was noted that Commissioners met with Edward Haglund regarding the Enforcement Order for the Brentwood Drive lot (21R on the subdivision plan). It was also noted that although he has done some work to date, the problems are far from fixed.

9. It was unanimously decided to adjourn until January 4, 2005 at 6:30 PM in GAR Hall. The time was 7:45 PM.

Respectfully submitted,

Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of December 7, 2004
6:30 PM, GAR Hall

PRESENT:
       K. Pickren
       G. Parent
       C. Cornacchioli
       D. Livengood
       R. Hanson
       M. Doyle

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

2. A motion was made by M. Doyle to accept the Minutes of the November 18th meeting. G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Public Hearing - Alisa Lepain - 534 Dennison Lane

The clerk read the notice of Public Hearing and K. Pickren opened the Public Hearing at 6:50 PM. Phil Lanctot, the contractor for this job, gave an overview of the project. A failed septic system will be replaced. The only added fill will be percolation material. Spoils will be immediately hauled off site.

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

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

4. A discussion was held regarding the Enforcement Order issued to Edward Haglund for work being done on Brentwood Drive. K. Pickren will gather some information and get in touch with Mr. Haglund.

5. It was unanimously decided to adjourn until December 16, 2004 at 6:30 PM in the Lawrence Hyman Conference Room. The time was 7:30 PM.

Respectfully submitted,

Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of November 18, 2004
6:30 PM, Lawrence Hyman Conference Room

PRESENT:
       K. Pickren
       G. Parent
       C. Cornacchioli
       R. Hanson
       M. Doyle

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

2. A motion was made by G. Parent to accept the Minutes of the November 3rd meeting as amended. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Public Hearing - Request for Amended OOC - Mass Highway - Route 198 Improvements K. Pickren opened the Public Hearing at 7:00 PM. A discussion was held regarding the letter from NHESP requiring special precautions be taken with respect to rare mussel species possibly located in waterways to be affected by the Route 198 improvements.

A motion was made by G. Parent to issue an Amended Order of Conditions to include the six special conditions provided by NHESP. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Request for Emergency Certification - Lee Lyman - 600 Charlton Street

Mr. Lyman requested that an Emergency Certification be granted for work to correct a problem encountered when he attempted to partially drain his pond for the purpose of fixing a small leak. The outlet pipe, which is under his neighbor's pool, has collapsed and is no longer working. Without such an outlet, he cannot lower the water, and water will seep into nearby wetlands, exacerbating flooding issues for other neighbors. Mr. Lyman seeks to create a new streambed around the pool area and pipe. A new channel would allow the water to flow from the pond and adjacent wetland.

A motion was made by G. Parent to issue the Emergency Certification with reference to the work description and plan filed by Mr. Lyman. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Request for Certificate of Compliance - Christopher Favreau - Eastford Road

A site walk had been held on this property. A motion was made by G. Parent to issue a Certificate of Compliance. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. It was unanimously decided to adjourn until December 7, 2004 at 6:30 PM in GAR Hall. The time was 8:15 PM.

Respectfully submitted,

Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of November 3, 2004
6:30 PM, GAR Hall

PRESENT:
       K. Pickren
       G. Parent
       D. Livengood
       R. Hanson
       M. Doyle
       C. Cornacchioli

1. Ken Pickren called the meeting to order. Karen Loin was absent for personal reasons and had asked for someone to take notes. C. Cornacchioli agreed.

2. Continuation of Public Hearing -- Dufresne-Henry for the town of Southbridge.

K. Pickren reopened the Public Hearing at 6:50 PM. Present were Randy Christensen of Dufresne-Henry, Rick Spieler of Casella Waste Management, and Tracy Markham also of Casella. Randy Christesen reported that they had a plan ready to go for replication of the wetland, however, they needed to go back and start over because this replication project conflicted with the proposed access road for the industrial park, and part of the replication was on airport property. Also, this proposal has been approved by the Army Corps of Engineers and meets conditions under the Clean Water Act (401-404). At the end of his report, Randy Christensen requested a continuance for Dufresne-Henry to do further research and for a site search. A motion was made by D. Livengood to continue the public hearing and to continue the Public Hearing to December 16, 2004, at 7:00 PM. K. Pickren seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. K. Pickren presented the commissioners with a draft of the order of conditions for Lots 14 and 16, Colonial Drive for our acceptance. G. Parent recused himself from the discussion and the vote. Commissioners read the draft and made note of certain typing errors. D. Livengood made a motion to accept the standard Order of Conditions plus the specific Order of Conditions for these two lots as written except for the typing errors which are to be corrected. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. A motion was made by K. Pickren to pay Ingeborg E. Hegeman, VP of BSC Companies for her work on the draft of the Order of Conditions for lots 15 & 16 Colonial Drive. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. M. Doyle made a presentation on the site visit to the land that Spaho Corporation was willing to donate to the Town of Southbridge for open space purposes. The commission discussed the possibility of a hiking trail along the sewer easement with a foot bridge that would cross the river onto the Spaho site at a point that both sides of the crossing would be on the donated land. K. Pickren thought that the Boy Scouts could be helpful in building a bridge similar to the one built at McKinstry Brook. M. Doyle and C. Cornacchioli suggested passive recreation or wildlife sanctuary.

6. K. Pickren brought to the commissioners attention that a group of train hobbyists were looking to the Town of Southbridge and P & W railroad for permission to use the railway for private use to run personally owned rail cars on the P & W for their own use. The P & W is within the 200 foot resource area along the Quinebaug River that could be used for recreation by the general public. There will be more information coming regarding grants as well as work that needs to be done on clogged pipes running underground.

7. It was unanimously decided to adjourn until November 18, 2004, at 6:30 PM in the Lawrence Hyman Conference Room.

Respectfully submitted,

Carol Cornacchioli
Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of October 21, 2004
6:30 PM, Lawrence Hyman Conference Room

PRESENT:
       K. Pickren
       G. Parent
       C. Cornacchioli
       D. Livengood
       M. Doyle

1. K. Pickren called the meeting to order at 6:43 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of October 5, 2004. G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Continuation of Public Hearing - Para for Tall Pines - Stony Brook Drive

K. Pickren reopened the Public Hearing at 6:50 PM. Rick Para of Para Land Surveying presented a revised plan that reclassified a pocket of isolated land as wetland. This area was deemed wetland approximately ten to fifteen years ago. Two previous Orders of Conditions reduced its size. This area was not deemed a wetland according to the current standards by the surveyor Para hired, however, it will now be held a wetland and returned to the size and classification it held in 1986 and treated as such for the purposes of the project. The roadway will skirt to the side of the wetland. This filing is only for the roadway infrastructure. All lots with wetlands on them will need to be brought before the Commission.

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

4. Continuation of Public Hearing - Dufresne-Henry for Town of Southbridge - Casella

K. Pickren reopened the Public Hearing at 7:00 PM. Present were Randall Christensen of Dufresne-Henry, David Bonnett of GeoSyntec, and Rick Spieler of Casella Waste. Mr. Christensen reviewed the previous plan for replication of wetlands proposed to be filled in order to accomplish several necessary goals with respect to the DEP Consent Order. Approximately 24000 square feet of wetland is proposed to be altered and the new plan shows three areas of replication totaling 31281 square feet (for a 1:25 - 1 ratio). Mr. Christensen felt that the new plan considers the concerns raised during the review of the original plan - that the replication take place in Southbridge, be close to the impact areas, and border the landfill so as to act as a further layer of filtering for any leachate.

Specifically, Wetland A will be increased by 18600 square feet, Wetland B by 9830 square feet and Wetland Z by 3000 square feet. It was noted that Wetland C was not an option due to bedrock, the lack of upland area not site assigned, and the airport plans. H. Clarke of the Southbridge DPW noted that replicating in the Wetland C area might not be successful due to the conditions anyway. It was also noted that portions of Wetland A are on Massachusetts Historical Maps, although H. Clarke thought that the plan looked as if it would not be in conflict. (Mr. Christensen will follow up on that.)

A site walk will be held on November 3, 2004 at 10:00 AM with Marielle Stone of DEP regarding other issues at the Landfill.

A motion was made by D. Livengood to preliminarily accept these three areas as replication areas assuming they are not in conflict with the Historical Map and to continue the Public Hearing to Wednesday, November 3, 2004 at 7:00 PM. G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Continuation of Public Hearing - Trifone Design for John Healy - Lots 15 and 16 Colonial Drive

Once again, G. Parent did not take part in the discussion of these lots and did not vote.

K. Pickren reopened the Public Hearing at 7:45 PM. Present were Mr. Fred Trifone of Trifone Design Associates and the applicant, John Healy. Mr. Trifone submitted an addendum specifying the construction sequence and the dewatering procedures to be used.

Mr. Healy was asked how the new fill would be compacted. He stated that a vibratory roller would be used. H. Clarke stated four concerns:

    1. That the applicant's geotechnical expert be present on site during excavation and backfilling.

    2. Lifts (additional layers of fill) should only be 8-9" thick between compaction up to the bottom of the slab and the rate of compaction should be 95%.

    3. There should be no positive drainage toward the wetland.

    4. Any spoils or fill piles should be covered with secured tarp.

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

5. Bud Healy of 361 Dresser Hill Road addressed the Commission regarding building a 16' X 19' greenhouse on his property. The greenhouse would be approximately 39' feet from Dean Brook. There would be no excavation. Mr. Healy was asked to file a Request for Determination of Applicability.

6. H. Clarke of the Southbridge DPW agreed to remove organic trash and install boulders within one month at the West Street soccer field parking lot.

7. George Clemence has verbally requested a Certificate of Compliance. A site walk was held on October 21, 2004 at approximately 11:00 AM. Present were K. Pickren, G. Clemence and D. Livengood, as well as Mr. Clemence. Commissioners noted that the silt fence would need to be removed, and the stream would need to be protected at the crossing by stabilizing the bank. The Commissioners also noted that, as is allowed by the Order of Conditions, they would monitor the site. Mr. Clemence called K. Pickren later in the day and complained that the Commissioners had come without prior notification. He also said that he felt the Commissioners kept adding conditions whenever they came to the site. It was unanimously decided that the Clerk should send a letter to Mr. Clemence respectfully requesting that he refer to the Order of Conditions issued to him.

8. A motion was made by D. Livengood to return to the practice of giving specific times for Public Hearings and other matters. M. Doyle seconded the motion. A vote was taken by a show of hands. The motion passed, 5 in favor, 1 abstained.

9. K. Pickren reviewed the plan of 39 acres that Spaho Corporation would like to deed to the Conservation Commission for recreational use. If the land is deeded over, K. Pickren discussed the possibility of a recreational easement along the sewer tie in easements on the bordering parcels and also a trail loop into the actual acreage.

10. It was unanimously decided to send a letter to Nick Tortis, Town Building Inspector, regarding Schott Fiber Optics' erecting a receiving shed on their property on Charlton Street. The area may contain soils contaminated with heavy metals. A fax from Larry Tuttle of Architectural Insights, Schott's representative, is expected.

11. It was unanimously decided to adjourn until Wednesday November 3, 2004 at 6:30 PM in GAR Hall. The time was 10:00 PM.

Respectfully submitted,

Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of October 5, 2004
6:30 PM, GAR Hall

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

1. K. Pickren called the meeting to order at 6:38 PM.

2. A motion was made by D. Livengood to accept the Minutes of the meeting of September 23, 2004. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Lee Lyman asked the Commission's opinion regarding his fixing a leak in the dike in his pond off of Charlton Street. Tree roots have caused the leak and he needs to draw down the water to remove the tree and repair the dike with clay. He would like to do the work between now and the end of December. D. Livengood made a motion to allow the proposed work as maintenance under the original DEP filing #291-17. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Continuation of Public Hearing - Trifone Design for John Healy - Lot 15 Colonial Drive

Once again, G. Parent did not take part in the discussion of these lots and did not vote.

Present were Mr. Fred Trifone of Trifone Design Associates and the applicant, John Healy. Mr. Trifone discussed each point in the Memo sent to the Commission by Hamer Clarke, P.E. of the DPW. He submitted a letter of clarification from Whitney J. Parker of Yankee Engineering, concerning the determination that the lots were "unbuildable" using standard foundations. The letter explains that if the loose, silty fill is removed and replaced with structural fill the lot may be buildable, using "reasonable care" to prevent slope "runoff." Mr. Trifone agreed to come back to the Commission with more specific sequencing details regarding excavation and dewatering. A discussion was also held regarding a fairly permanent barrier being placed at the upper limit of the slope to prevent dumping into the wetland and to put homeowners on notice that there is to be no further alteration of the slope below. The applicant and his representative agreed to the continuance of the Public Hearing.

A motion was made by D.Livengood to continue the Public Hearing to October 21, 2004 at 6:45 PM in the Lawrence Hyman Conference Room. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Continuation of Public Hearing - Bertin Engineering for Robert Fogarty - Sawyer's Path

K. Pickren reopened the public hearing at 7:37 PM. Mike Loin of Bertin

Engineering discussed two sites that must be "replicated" for the purposes of the floodplain on this lot. There will be two compensatory storage areas that will essentially become wetlands. A discussion was held regarding the seed mix to be used and regarding an earthen berm to be placed along the driveway that passes by the wetland. It was also noted that NHESP has determined that there will be no adverse impact to state protected species.

A motion was made by D. Livengood to close the Public Hearing. G. Parent seconded the motion. 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. 1. The "New England Erosion Control/Restoration Mix for Moist Sites" supplied by New England Wetland Plants, Inc. will be used in the replication areas on this site.
2. 2. The edge of the compensatory storage areas (numbers 1 & 2) will be maintained at construction level.
3. 3. Compensatory storage areas#1 will act as a sedimentation fore bay for the driveway stormwater runoff.
4. 4. A grassed earthen berm will be maintained along the wetland, between wetland flags A18 and A21.

K. Pickren seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. A letter from NHESP regarding the Shiro case on Tipton Rock Road has been received, stating that there will be no adverse impact to state protected wildlife.

7. It was unanimously decided to adjourn until October 21, 2004 at 6:30 PM in the Lawrence Hyman Conference Room. The time was 8:06 PM.

Respectfully submitted,

Karen A. Loin,
Clerk, Southbridge Conservation Commission

Conservation Commission Minutes,
Meeting of September 23, 2004
6:30 PM, Lawrence Hyman Conference Room

PRESENT:
       G. Parent
       D. Livengood
       C. Cornacchioli
       R. Hanson
       M. Doyle

1. G. Parent 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 September 7, 2004. R. Hanson seconded the motion. 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 21, 2004. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. A request for a Certificate of Compliance was received from Cool's, Inc. on West Main Street in Southbridge. Commissioners visited the site at various times. A motion was made by D. Livengood to issue a Certificate of Compliance to Cool's, Inc. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. A discussion was held regarding no longer assigning specific times for each public hearing or continuation. A motion was made by D. Livengood to stop assigning specific times for hearings and continuations. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Continuation of Public Hearing - Dufresne-Henry for Town of Southbridge - Casella Dufresne-Henry was unanimously granted a continuation to October 5, 2004.

7. Public Hearing - Para Land Surveying for Tall Pines, LLC - Stony Brook Drive and Hilltop Drive

The Clerk read the Notice of Public Hearing and G. Parent opened the Public Hearing at 7:20 PM. Present were Mr. Rick Para of Para Land Surveying and several abutters. Mr. Para gave an overview of the project, a fourteen-lot subdivision with associated site work. This filing covers the roadways and other site work, not the individual house lots. There will be two roadways, one approximately 200 feet long and one approximately 800 feet long. The 200-foot road will have a detention basin and the 800-foot road will have two detention basins. There is no wetland alteration, but there is work in the buffer zone. The hay bale line has been flagged. Hamer Clarke of the Southbridge DPW has reviewed the plan and commented on lot issues, but had no comments that affect the wetland issues.

Steven Smart of 102 Hilltop Drive said that there was a pocket of isolated wetland that was not shown on the plan. Mr. Para said that he knew that area was wet and showed it to the wetland scientist hired by the applicant, but the wetland scientist did not feel that it qualified as a wetland. Mr. Smart said that he had been before the Conservation Commission approximately six years ago and it was determined to be a wetland. Mr. Robert Smith of 89 Stony Brook Drive said that there are vernal pools behind some of the houses on his street and he also believes that there is an endangered salamander in the area.

A motion was made by D. Livengood to continue the Public Hearing to Thursday, October 21, 2004. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor. A site walk will be held on September 24, 2004 at 5:00 to look into the issues raised.

8. Public Hearing - Bertin Engineering for Clarence Soper - Dennison Cross Road

The Clerk read the Notice of Public Hearing and G. Parent opened the Public Hearing at 7:42 PM. Mr. Mike Loin of Bertin Engineering gave an overview of the project, a ten-lot subdivision off of Dennison Cross Road. The only area that affects the wetlands is the backsloping of the detention basin, which is within the 200-foot buffer zone.

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

9. Continuation of Public Hearing - Bertin Engineering for Robert Fogarty - Sawyer's Path

G. Parent reopened the Public Hearing and Mr. Mike Loin of Bertin Engineering gave an update on the status of this project. It has been determined that this land is within a Zone A floodplain. The basement must be above the 502 elevation mark. This case cannot close pending instructions by NHESP regarding potential rare species habitat.

A motion was made by D. Livengood to continue the Public Hearing to October 5, 2004. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

10. Continuation of Public Hearing - Trifone Design for John Healy - Lot 15 Colonial Drive

G. Parent reopened the Public Hearing at 6:45 PM. G. Parent then announced that he will abstain from discussion or voting on this case and on Lot 16 as well since work on these lots could impact his own land, and he left the room.

Present were Mr. Fred Trifone of Trifone Design Associates and the applicant, John Healy. Mr. Trifone submitted a revised plan showing excavation details and submitted two Addendums. The first addendum was from Yankee Engineering and included the results of the boring done several months ago. The second addendum is a letter from Arthur Allen of Ecotec, Inc. stating his opinion as to the best sequencing of this project. It is suggested that the bottom of the steep slop on this lot (and the adjoining lot) be left stable while the foundation excavation takes place. Toed-in hay bales and silt fence would be installed. When construction is complete on the top of the hill, the stabilizing weeds may be mowed and the area reseeded. A prohibition on stockpiling on the lots was discussed.

The Commissioners requested that the applicant agree to continue the Public Hearing to October 5, 2004 to allow the Commission time to have the plan reviewed by a consultant of their own choosing. The applicant agreed.

A motion was made by D. Livengood to continue the Public Hearing to October 5, 2004. M. Doyle seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

11. Continuation of Public Hearing - Trifone Design for John Healy - Lot 16 Colonial Dr. The Clerk reopened the Public Hearing at 8:15 PM. The same construction sequencing as was suggested for Lot 15 was discussed for this lot.

A motion was made by D. Livengood to continue the Public Hearing to October 5, 2004. M. Doyle seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

12. It was unanimously decided to adjourn until October 5, 2004 at 6:30 PM. The time was 8:35 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of September 21, 2004
6:30 PM, GAR Hall

PRESENT:
       G. Parent
       K. Pickren
       D. Livengood
       C. Cornacchioli
       R. Hanson
       M. Doyle

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

2. A motion was made by D. Livengood to add the following to the Standard Order of Conditions "Prior to implementation of any change in the plan presented to the Commission, such change must be submitted to the Conservation Commission for review and determination." C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A discussion was held regarding the adoption of Rules for the Hiring of Consultants pursuant to MGL Ch. 44 Sec. 53G. Both the MACC's Model Rules and Rules sent to us by the Town's Attorneys, Kopelman and Paige were considered. A motion was made by D. Livengood to adopt the MACC Model Rules with the addition of Kopelman and Paige's section four inserted at the end of MACC's paragraph two. (Final text is attached.) C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. It was unanimously decided to adjourn until September 23, 2004 at 6:30 PM. The time was 7:15 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of September 7, 2004
6:30 PM, GAR Hall

PRESENT:
       G. Parent
       K. Pickren
       D. Livengood
       C. Cornacchioli
       R. Hanson
       M. Doyle

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 August 19, 2004 with the correction that in section 6 the word "consulted" be changed to "retained." G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Continuation of Public Hearing - Trifone Design for John Healy - Lot 15 Colonial Dr.

K. Pickren reopened the Public Hearing at 6:45 PM. The clerk read a request by Trifone Design to continue the Public Hearing to the next available date and time. It was unanimously agreed to continue the Public Hearing to September 23, 2004 at 8:00 PM in the Lawrence Hyman Room.

4. Continuation of Public Hearing - Trifone Design for John Healy - Lot 16 Colonial Dr.

K. Pickren reopened the Public Hearing at 7:00 PM. The clerk read a request by Trifone Design to continue the Public Hearing to the next available date and time. It was unanimously agreed to continue the Public Hearing to September 23, 2004 at 8:15 PM in the Lawrence Hyman Room.

5. M. Doyle suggested that the Commission subscribe to Mass Wildlife Magazine. A motion was made by D. Livengood to subscribe to Mass Wildlife Magazine for two years at a total cost of $10.00. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Mike Loin of Bertin Engineering addressed the Commission regarding a donation of land by Spaho Corporation. Spaho Corp. wishes to give the land (off of Route 169, near Lebanon Brook) to the Conservation Commission and has approached the Town Manager's office, but is not getting a positive response. K. Pickren and/or M. Doyle will speak with the appropriate officials to see what can be done.

7. Public Hearing - Bertin Engineering for Robert Fogarty - Sawyers Path

K. Pickren opened the Public Hearing at 7:00 PM. Present were Mike Loin of Bertin Engineering, Robert Fogarty (the applicant), and Ronald Berthiaume (an abutter). Mr. Loin gave an overview of the project - a single-family house with associated site work within the buffer zone. The Commission raised concerns regarding the slope of the yard adjacent to the wetland. Mr. Loin said that he would incorporate a solution into revised plans to be presented at the next meeting.

A motion was made by D. Livengood to continue the Public Hearing to September 23, 2004 at 7:45 PM. R. Hanson seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

8. The following site visits were scheduled:

• September 13th -10:00 AM C. Cornacchioli and M. Doyle to Dennison Cross Road project
• September 15th - 5:30 PM at the Landfill
• September 16th - 4:30 PM Sawyers Path
• September 16th - 5:15 PM Stony Brook Drive

9. It was unanimously decided to adjourn until September 23, 2004 at 6:30 PM. The time was 8:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of August 3, 2004
6:30 PM, GAR Hall

PRESENT:
       G. Parent
       K. Pickren
       D. Livengood
       C. Cornacchioli
       M. Doyle

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

2. A motion was made by D. Livengood to accept the Minutes of the meeting of July 22, 2004. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Public Hearing - Rizzo Associates for Brookside Terrace - Village Drive

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 6:50 PM. Present were John Rosenthal and Maureen Berkley of Brookside Terrace, and Mike Billa and Amy Green of Rizzo Associates. John Rosenthal gave an overview of the issues at Brookside Terrace, an apartment building complex on Village Drive. It was discovered several years ago that there are substantial pockets of soil contaminated with lead, antimony and PCBs at Brookside Terrace. The areas are fenced off and Brookside Terrace has been working with DEP and EPA on a clean-up plan. Approximately 169,000 square feet of BVW will be affected.

Mike Billa went on to discuss the proposed plan. Although the details are not yet determined, the general course of action suggested is to first eliminate the upland contamination by removing the soil with the heaviest contamination, placing a barrier approximately two feet down, and finally capping with clean fill. Later, in a second phase for which a new filing will be completed, contaminated areas closer to the riverbank will be addressed. Amy Green discussed specific areas where the soil would be removed and discussed the possibility of mounding in areas already contaminated, rather than spreading the hazardous materials. A fall time frame was discussed to minimize exposure to dust that might carry the dangerous materials to residents. Children would be in school during the day when the work would be performed and windows would generally be closed.

The Commissioners voiced concerns about the safety measures to be taken to protect the residents and the workers. Dust reduction methods were discussed as well as appropriate safety wear for workers. K. Pickren made the point that hay bales and siltation fence will certainly not be sufficient to protect the river in this case. The Commissioners requested that the applicant return with a list of institutional controls and safety measures to be undertaken, and a specific construction sequence and time frame.

A motion was made by D. Livengood to continue the Public Hearing to August 19, 2004 at 6:45 PM. G. Parent seconded the motion. A vote was taken by a show of hands. The vote passed unanimous in favor.

4. Continuation of Public Hearing - Trifone Design for Rick Clemence - Eastford Road

K. Pickren reopened the Public Hearing at 8:00 PM. Fred Trifone reviewed the proposed single family house plan with the Commission. Installation of a siltation basket in an existing catch basin in order to catch fines was discussed.

A motion was made by D. Livengood to close the Public Hearing. C. Cornacchioli seconded the motion. 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 addition specific condition that a siltation basket be installed in the existing catch basin. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Continuation of Public Hearing - Dufresne-Henry for the Town of Southbridge - Barefoot Road

A site walk was held on August 2, 2004 at which time the Commissioners were shown areas at the Landfill where remediation measures are proposed. Present at the site visit were K. Pickren, G. Parent, C. Cornacchioli, Doug Casella, of Casella Waste, Inc., Randy Christensen of Dufresne-Henry and Dave Bonnett of GeoSyntech. The Commissioners voiced their concern that the remediation areas should be hydrolically connected to the wetlands. The proposed remediation will take place on land in Southbridge, and may take place on some land in Charlton.

A motion was made by D. Livengood to continue the Public Hearing until August 19, 2004 at 7:15 PM. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Schott Fiber Optics - Proposed Receiving Enclosure

A discussion was held regarding the proposed receiving enclosure in light of the marker placed on site stating that excavation may not be performed without approval of the Conservation Commission and DEP. A review of files 291-0006 and 291-0074 revealed the areas of contamination (with heavy metals) and the Commission feels the enclosure in within the contaminated area. D. Livengood had spoken with Nick Tortis of the Board of Health, who suggested he speak with Hamer Clarke. Mr. Clarke said that the State would need to be involved. It was decided that the Clerk would send a letter, which was drafted and approved at this meeting, to Schott Fiber Optics (and copies to the Board of Health, the DPW, the DEP and Larry Tuttle of Architectural Insights, the firm representing Schott, regarding these plans and advising them that DEP must be contacted.

7. It was decided that the Clerk would send a letter to Cindy Shiro regarding the notification by NHESP of the potential for adversely affecting the Four-toed salamander, whose habitat coincides with Ms. Shiro's house lot.

8. It was decided that Dexter-Russell should be advised to file a Request for Determination of Applicability regarding correcting a problem with a paved swale and catch basin.

9. Request for Certificate of Compliance - Ken Leblanc - Dennison Lane

A motion was made by D. Livengood to issue a Certificate of Compliance to Ken Leblanc for his work on Dennison Lane. C. Cornacchioli seconded the motion. A vote was taken by a show of hands, the motion passed unanimous in favor.

10. The Clerk presented the Commission with a plan of compensation suggested by the Town Manager (in place of an increase to $275.00 per month earlier approved by the Commission) that will allow the compensation to fluctuate proportionally with the workload. The structure is a base stipend of $183.75 per month plus a fee of $68.75 per Notice of Intent filed. After discussion, a motion was made by D. Livengood to approve the new method of computing compensation for the Conservation Commission Clerk. C. Cornacchioli seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor. (A method of calculating compensation for subdivisions will be agreed upon at the next meeting.)

A motion was made by D. Livengood to compensate the Clerk for the twenty-nine Notices of Intent handled in July in the amount of $500.00. (Four cases at $68.75 each + $225.00 for the 25 Notices of Intent filed for Hunters Ridge) G. Parent seconded the motion. A vote was taken by a show of hands. The motion passed, unanimous in favor.

11. It is to be noted that M. Doyle was not eligible to vote on the Clemence and Leblanc cases as she was not present at previous hearings, and she did not vote on those cases.

12. It was decided unanimously to adjourn until August 19, 2004 at 6:30 PM in the Larry Hyman Room. The time was 9:40 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of June 1, 2004
6:30 PM, GAR Hall

PRESENT:
       G. Parent
       K. Pickren
       D. Livengood
       C. Cornacchioli

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 May 20, 2004. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. 6:45 Para Land Surveying for Jamaheja, Inc. - Hunter's Ridge

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 proposed work - the creation of two additional roads at the Hunter's Ridge subdivision. Although the work is in Phase 8 the replication would take place in Phase 6. There will be 2400 square feet of alteration and 4800 square feet of replication - a 2:1 ratio.

Also present were Alice and Kevin Amedy. Alice Amedy asked about effects to her abutting property and Mr. Para said that there would be no negative effects.

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 same special conditions issued earlier in DEP file #291-226. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Per a request from Charles River Laboratories, the Commissioners discussed issuing Certificates of Compliance to Charles River Laboratories for two outstanding Orders of Conditions - DEP file #'s 291-168 and 291-198. After discussion, a motion was made by D. Livengood to issue Certificates of Compliance for both case files. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. C. Cornacchioli reported that she had visited Lot 37 Lebanon Hill Road and found the erosion measures satisfactory. She gave the owner permission to go forward with the planned work.

6. It was decided unanimously to adjourn until June 17, 2004 at 6:30 PM. The time was 8:05 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of May 20, 2004
6:30 PM, GAR Hall

PRESENT:
       G. Parent
       K. Pickren
       D. Livengood
       C. Cornacchioli

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 May 4, 2004. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A memo from Hamer Clarke of the Southbridge DPW was read which informed the Commissioners that Franklin Realty will be draining powerhouse pond on June 21, 22 and 23. At that time, the DPW will clear the submerged end of the Lens Dale drain in accordance with the original permission granted for that purpose. The Commissioners agreed that although the Order of Conditions has expired, this procedure falls under maintenance.

4. Public Hearing - Guaranteed Builders for Jeremiah Martin

K. Pickren reopened the public hearing at 6:45 PM. Bill Pybas of Guaranteed Builders gave a review of the project. A new modular home is proposed on this lot. Foundation footings were installed before work was halted. The owner proposes to fill in 750 square feet of wetland. Since the old Order cannot be found and has long expired anyway, replication at greater than 1:1 will be made.

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 to issue the standard Order of Conditions with the following special conditions:

1.) The slope toward the wetland must be stabilized immediately after backfilling the foundation with rip-rap and hay bayles.

2.) Backfilling on the wetland side must be done with an excavator, not a bulldozer.

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

5. Public Hearing - Ed Paquette - 27 Plimpton Street

K. Pickren reopened the public hearing at 7:00 PM. Scott Normandin, who is building on this lot, was present and discussed the site plans with the Commission.

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

6. The Clerk briefed the Commission on the increased workload due the extra meeting per month and the increased volume in cases over the past year and a half. The Clerk is requesting an increase in the monthly stipend allotted for this position. The funds are drawn from the Wetland Fee Account, which may only be used for Conservation Commission administration or wetland preservation. An increase would have to be approved by the Town Manager and the Town Council.

A motion was made by D. Livengood to approve an increase in the Clerk's stipend from $183.75 per month to $275.00 per month, pending appropriate approvals. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor.

7. The Clerk will research two issues relating to drafting bylaws. G. Parent will research the issue of composting.

8. It was decided unanimously to adjourn until June 1, 2004 at 6:30 PM. The time was 8:55 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of May 4, 2004
6:30 PM, GAR Hall

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

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 April 22, 2004. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. It was unanimously decided to send a thank you letter to Hamer Clarke of the Southbridge DPW for prompt and thorough compliance with the Order issued on April 22, 2004.

4. Public Hearing - Guaranteed Builders for Jeremiah Martin

The Clerk read the public hearing notice and K. Pickren opened the public hearing at 6:45 PM. Bill Pybas of Guaranteed Builders gave an overview of the project. A new modular home is proposed on this lot. Foundation footings were installed before work was halted. The owner proposes to fill in 750 square feet of wetland. He claims the right to do so under an old Order of Conditions and gave 291-3 as the number. However, he does not have a copy of the Order. He asserts that this Order allowed replication that he says took place on another lot in exchange for filling on this lot. The Commission pointed out that Orders are only good for three years.

A motion was made by D. Livengood to to continue the public hearing to May 20, 2004 at 6:45 PM. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Public Hearing - Ed Paquette - 27 Plimpton Street

The hearing was opened at 7:15 PM and continued to May 20th at 7:00 PM.

6. Para Land Surveying - Hunters Ridge

Rick Para filed a Notice of Intent for Phase 8 Hunters Ridge. This filing is to cover two new roads, Bobcat Drive and Black Bear Circle. He gave an overview of the plan. The public hearing will be held on June 1, 2004 at 6:45 PM.

7. A motion was made by D. Livengood to adjourn until May 20, 2004 at 6:30 PM. The time was 8:03 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of April 22, 2004
6:30 PM, GAR Hall

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

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

2. A motion was made by D. Livengood to accept the Minutes of the meeting of April 6, 2004. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A letter of resignation from H. Wotton was accepted.

4. Request for Amended Order of Conditions - Bertin Eng. for Spaho Corp.

The Clerk read the public hearing notice and K. Pickren opened the public hearing at 6:50 PM. Mike Loin of Bertin Engineering Associates explained that conditions on site when the sewer lateral lines were to be installed required that an alternative method be used. A large pipe was laid through the wetland through which the work was done and then removed. The Conservation Commission and DEP were notified at the time. DEP has approved what was done.

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

A motion was made by D. Livengood to issue an Amended Order of Conditions to reflect the changes made on site. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. Tom Novellino, Nancy Adams - 265 North Woodstock Road

Mr. Nolvellino was present and gave an overview of what has happened to a small pond on his land. (DEP representative had noticed that it was drained when on a site walk across the street.) Mr. Novellino said that in December Southbridge DPW workers removed a dam at the end of the pond so that water would not overflow and cause a hazard on the road. Mr. Novellino said that he spoke to Hamer Clarke several times about repairing the damage done to the pond. There is ongoing damage to wetland vegetation and wildlife.

A motion was made by D. Livengood to issue an Enforcement Order to the Southbridge Department of Public Works to rebuild the dam using clay and reestablish the water level to that which existed prior to December 2004 within five days. The motion was seconded by C. Cornacchioli. A vote was taken by a show of hands. The motion passed, unanimous in favor. The Enforcement Order was drafted, signed and delivered immediately.

6. Jeff Lapierre of 62 Fiske Street appeared before the Commission to discuss a planned garage on his property. A site walk was scheduled for April 23, 2004 at 2:00 PM.

7. Ed Paquette appeared before the Commission to discuss the expired Order of Conditions at 27 Plimpton Street. The site was discussed briefly and Mr. Paquette will refile.

8. A motion was made by D. Livengood to adjourn until may 4, 2004 at 6:30 PM. The time was 8:30 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of April 6, 2004
6:30 PM, GAR Hall

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

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

2. A motion was made by D. Livengood to accept the Minutes of the meeting of March 2, 2004. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. Certificate of Compliance - 54 Maria Avenue - Corey Brote

A motion was made by David Livengood to issue a complete Certificate of Compliance to Corey Brote for the property located at 54 Maria Avenue. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. Bill Pybas of Guaranteed Builders called to cancel their appearance for a Notice of Intent. Paperwork was not filed and abutters were not notified. The Public Hearing will be rescheduled for May 4, 2004 at 6:45 PM assuming all paperwork and fees are submitted. The Commissioners also requested that the wetlands be flagged and that they be called for a site visit before the May 4th hearing.

5. A letter was submitted by Christo Konstantakis requesting a third extension of the agreed upon time for requesting an amendment to the Orders of Conditions granted for lots 15 and 16 Colonial Drive. The Notice of Intent, as it stands, is only for the drilling of the test borings, which has been completed. A motion was made by D. Livengood to deny the request and ask Mr. Konstantakis to refile a new Notice of Intent when and if he decides to go forward with development plans for these lots. The motion was seconded by R. Hanson. A vote was taken by a show of hands. The motion passed, unanimous in favor.

6. Plimpton Street - Expired Order of Conditions - 291-210

K. Pickren noticed debris at this site while exploring a trail. The Order of Conditions has expired. (Issued March 23, 2000.) It was unanimously decided to send a certified letter to Ed Paquette stating that no work is to be done without filing a new Notice of Intent except for stabilizing the front yard, replacing the hay bales and installing a silt fence.

7. It was noted that D. Livengood had checked on the tree clearing going on at Hunter's Ridge. He found no major issues, however, some hay bales had been breached and there was a small amount of silt in an area where a crossover had not been put into place as yet. He will call the contractor to discuss.

8. A brief discussion was held regarding the procedure that Casella Waste must follow in complying with their consent order. The Clerk will call Marielle Stone for clarification as to whether they must file. Also, the Town Manager approved Ken's request to confer with Duncan Brown.

9. 7:30 PM - BSC Group for Southbridge DPW - Guelphwood Road

Present were Maureen Ciesla of the Southbridge DPW and Diana Walden of BSC Group. The DPW filed a Request for Determination of Applicability to determine the wetland areas. It was agreed that two small areas closest to Charlton Street are not large enough to fall under the protection of the Wetlands Protection Act. It was also agreed that the stream is an intermittent stream, not a perennial stream, and that the wetland flagging is accurate.

A motion was made by D. Livengood to issue a Positive Determination of Applicability. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

10. Mike Loin of Bertin Engineering then gave an overview of some field problems encountered in the installation of the sewer laterals on Lots 7-11 North Woodstock Road. The contractor was not able to go under the wetlands as originally planned due to blockages and soil texture. Therefore they were forced to go through the wetland. DEP was kept apprised of the situation and D. Livengood visited the site. Water was redirected during the procedure and proper erosion control measures were taken. Erosion control mats were also used. Loose hay will be placed over the slopes, they will be regraded and seeded. DEP is requiring deed restrictions prohibiting future disturbance on these lots. A Public Hearing will be held on April 22, 2004 at 6:45 PM in GAR Hall.

11. 8:00 PM Jalbert Engineering for George Clemence - Clemence Hill Road

K. Pickren opened the Public Hearing at 8:00 PM. Leonard Jalbert gave an overview of the changes that have been made to the barn and paddock plans. D. Livengood made a motion to issue an Amended Order of Conditions with the special condition that the horses must be kept out of the brook and must not be allowed north of the barn. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

12. Mike Loin reported that DEP was concerned about a small pond across the road from Lots 7-11 North Woodstock Road. (A DEP employee was present on North Woodstock Road checking the work there.) A telephone call was made to Tom Novellino of 265 North Woodstock Road owner of the property in question. He indicated that the Southbridge Department of Public Works had cleaned out a dam blocking the culvert in front of his house resulting in some drainage from a pond that has been on the town map long enough to be shown on DEP maps. The Commission will investigate.

13. A brief discussion was held concerning the purchase of a laptop computer for the Commission's use. Such a computer would allow minutes to be typed in immediately, forms to be generated at meetings, digital pictures to be stored and viewed at meetings, etc.

14. A motion was made by R. Hanson to adjourn until April 22, 2004 at 6:30 PM. The motion was seconded by C. Cornaccioli. A vote was taken by a show of hands. The motion passed, unanimous in favor. The time was 8:52 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of March 2, 2004
6:30 PM, GAR Hall

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

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 February 3, 2004. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. A motion was made by D. Livengood that the clerk should purchase a new Handbook for Conservation Commissioners with the appropriate updates and the updated Wetlands Protection Act at the MACC conference. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

4. G. Parent suggested that the Commission hold monthly business meetings on the third Thursday at 6:30 PM. These meetings would be for presentations, discussions of possible bylaws, etc. not for Public Hearings. It was unanimously decided to hold such meetings.

5. A revised plan was submitted by Para Land Surveying on behalf of Ken Leblanc showing the haybales that DEP specified. K. Pickren noted that on February 25th the haybales were not in place.

6. Continuation of Public Hearing - Jalbert Engineering for Thomas Cusson - Lebanon Hill Road

K. Pickren reopened the Public Hearing at 6:45 PM. K. Pickren noted that on February 23rd he had viewed the property and the wetlands were marked. After a brief discussion, 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. Mr. George Clemence appeared before the Commission to discuss concerns regarding changes to the site plan for a house and barn on Clemence Hill Road. The location of the barn has been changed. A paddock is planned which will intersect with a brook. The Commissioners expressed concern about horses causing disturbance on the bank of the brook. They requested that Mr. Clemence file for an Amended Order of Conditions, provide a new, engineered plan which shows the location of the barn and the fences, stake out the new barn location, and have his contractor fill out the Contractor Certification form that was sent with the original Order of Conditions.

8. Cassandra Acly of Planning and Development then asked the Commissioners for their input regarding issues to be included in an upcoming Long Term Planning public forum. She said that the plan hopes to balance housing, recreation, open space and business uses. The Commissioners gave input and suggested that one additional goal be to connect hiking trails in a loop around the town.

9. A presentation was made by Casella Waste Systems, the operator of the Southbridge Landfill, and Dufresne-Henry, the environmental engineering company hired to implement the necessary changes on site. Present were John Schwalbe of Casella, Randall P. Christensen and Barbara Walther of Dufresne-Henry, and Tom Vigneault of Camp Dresser McKee, the engineering firm hired by the Town of Southbridge.

Casella currently has a consent order with DEP and the Attorney General's Office. Over the next twelve months, the site will be brought into compliance, with several phases. The areas of most concern are sediment, odors, and the processing plant equipment. The first phases, to take place over the next four months, will deal with sediment control. A berm is being constructed around the site. New basins will be constructed increasing the surface area of the current basins tenfold. A separate road will eventually be constructed to the new cell. Some wetlands have been deemed by DEP to be destroyed, some can be repaired, and some will be replicated at a ratio of 1.25:1. Restitution for those wetlands deemed destroyed will be made by buying upland areas for preservation.

It was agreed that the Commissioners would meet with Casella at the landfill on March 25, 2004 at 4:00 PM to see the site and hold further discussions.

10. It was decided unanimously to adjourn until April 6, 2004 at 6:30 PM. The time was 9:00 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of February 3, 2004
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 January 20, 2004. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

3. The clerk read a letter sent by Mr. Christo Konstantakis asking the Commissioners to extend the agreed upon time limit for him to request an amendment to the Orders of Conditions for Lots 15 and 16 Colonial Drive. A motion was made by D. Livengood to allow an extension until April 6, 2004 at 7:00 PM, with the condition that after that time, Mr. Konstantakis would have to refile Notices of Intent on these lots. 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 - Jalbert Engineering for Thomas Cusson - Lebanon Hill Road

The clerk read the Notice of Public Hearing and K. Pickren opened the Public Hearing at 7:00 PM. Mr. Steven Bressette of Jalbert Engineering gave a short review of the proposed work, a single family home with deck and associated site work on Lebanon Hill Road. Mr. Bressette said that the house would be situated 73 feet from the wetland and will have a foundation drain. The land is currently a field. The site slopes away from the street. After a brief discussion, a motion was made by D. Livengood to continue the Public Hearing until March 2 at 6:45 PM. The motion was seconded by G. Parent. A vote was taken by a show of hands. The motion passed, unanimous in favor.

5. The Commissioners then discussed the Clemence project with Mr. Bresette as he is taking over the file from Joanne Teachout. A site visit was held on February 3rd by K. Pickren, G. Parent and D. Livengood. Approximately 20 trees had been marked for cutting. However, hay bales are still missing approximately 80 yards from the house site. The Commissioners have been requesting that this be fixed for several months. It appears that the placement of the proposed barn may have changed. Pictures were taken on site. The Commissioners requested that Mr. Bressette, Mr. Clemence and Mr. Paquette attend the March 2nd meeting at 7:00PM to review the current plans with the Commission and address their concerns.

6. A site visit was made by K. Pickren, G. Parent and D. Livengood to the landfill site, now called Casella. The Commissioners met with John Farese, the on site manager, Eric Pulsifer, and Tom Vigneault, an Environmental Engineer with Camp Dresser McKee, Inc. Tom Vigneault will be invited to attend the March 2nd meeting at 7:45 PM to update the Commissioners regarding wetlands issues at the landfill and to schedule a site visit.

7. K. Pickren discussed the new law that allows Commissions across the state to hire experts, when needed, at the applicant's expense. He also discussed the practice in other communities of charging for site visits.

8. The Commissioners discussed obtaining a digital camera and a laptop computer for the Commission's use. Digital pictures of each site would allow for more certainty when discussing conditions on site at later dates. The laptop would allow pictures to be viewed at meetings and would allow the clerk and other members to store information immediately at meetings.

9. It was decided unanimously to adjourn until March 2, 2004 at 6:30 PM. The time was 8:15 PM.

Respectfully submitted,

Karen A. Loin, clerk

Conservation Commission Minutes,
Meeting of January 20, 2004
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 January 6, 2004 with the following corrections: