CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, July 21, 2009
Meeting Room #1- 7:00 PM
Chairman David Johnson called the meeting to order at 7:00 PM. Present were Commissioners Donald Duffy, Peter Izyk, Christine Beauregard and Robert Ring. Also present was Principal Clerk Mary Watson recording the minutes. Member Matthew Trybus was absent.
7:00 PM-Notice of Intent for the Town of Palmer presented by Tighe and Bond for the Sewer Separation Project.
The proposed project is for Phase 4 of the Combined Sewer Overflow (CSO) Sewer Separation Project including the replacement of a 14-inch asbestos cement (AC) sewer pipe with a 15-inch high density polyethylene sewer pipe between Bridge Street and the Palmer Waste Water Treatment Plant (WWTP) in Three Rivers.
Present were Tony da Cruz from Tighe and Bond, Jessica Roberts, Environmental Scientist for Tighe and Bond and Richard Kaczmarczyk acting superintendent of the Department of Public Works.
Discussions were held regarding the replacement pipe technique and the replacement of the existing manholes.
Tony stated that the project includes work within existing town easements.
J.Roberts stated that the project is exempt from the Riverfront area and the town’s bylaw.
D.Johnson asked the representatives from Tighe and Bond when the project would commence.
Tony stated that the project involves applying for America Recovery and Reinvestment Act (ARRA) funding also known as stimulus funds in which timelines must be met. The work is proposed to begin in February 2010 with full construction proposed to begin in April 2010 along with all pipelines replaced by November 2010.
D.Johnson stated that there should be no seeding after November 1 and this would be a condition on the permit.
R.Ring asked if most of the proposed work would be done on the railroad easement.
J.Roberts stated that the proposed work is between the edge of the railroad tracks and the site has been flagged. The silt fencing and hay bales are in place. Also, the contractor would be limited to a specific area.
D.Duffy asked about the diameter of the pipes comparing the dimensions that were submitted in the Notice of Intent to the dimensions on the plan.
Discussions were held regarding the existing diameter of the pipe and the diameter of the pipe that would be replaced. Tighe and Bond indicated that they would send a corrected copy of the Notice of Intent application with the proper pipe dimension.
Discussions were held pertaining to the dewatering and the comments from the Department of Environmental Protection (DEP) dated July 2, 2009, which asked if there would be any dewatering of the access pits.
Tony stated he would provide dewatering information to the PCC for review.
The Division of Fisheries and Wildlife sent a letter dated July 6, 2009 stating that based on a review of the information that was provided, the National Heritage Endangered Species Program (NHESP) has determined that this project will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species.
Gerard Charette, whose property is located at 2039 Bridge Street, Three Rivers, asked how long the sleeve would be.
Tony stated that the sleeve is approximately 42’ extended to 60’ and would encompass the entire railroad property. The easement on the railroad property is only 10’.
G.Charette stated that the machines would be encroaching onto his property.
The PCC stated that G.Charette could attend the hearing with the Town Council to address the issue.
Michael Marciniec, Chairman of the Planning Board, stated that the staging areas should be addressed on the plan before the project is to commence. Also, a letter dated July 15, 2009 was sent to the Planning Board stating that Baltazar Contractors, Inc. would be acquiring a staging area within project limits for storing excavated material to be blended, crushed, and recycled and returned for use on the project for this purpose only. According to the letter, this would be happening on private residential property in which commercial uses such as processing of material is prohibited. The staging area does not allow more than one commercial vehicle not in excess of 10,000 pounds to be parked or stored outdoors in any residential district. Therefore, this would be a violation to the zoning ordinance.
D.Johnson stated that there is to be no equipment left overnight and no staging allowed within the jurisdictional area.
A motion was made by R.Ring to close the hearing. D.Duffy seconded. The vote passed (5:0).
A motion was made by R.Ring to issue the Order of Conditions with attached conditions for the Sewer Separation Project for the Town of Palmer. P.Izyk seconded. The vote passed (5:0).
7:50 PM-Request for Determination of Applicability for the Town of Palmer for the Sewer Separation Project.
The proposed work will occur within the 100-foot buffer zones of an intermittent stream, perennial stream, an isolated wetland and bordering vegetated wetlands.
J.Roberts stated that portions of work are located within the 200-foot Riverfront Area of a perennial stream, this sewer project is exempt from the requirement for Riverfront Area per 310 CMR 10.58 (6)(h).
The project is to eliminate the six remaining combined sewer overflows in the Town by separating the sanitary sewers from the storm sewers within the limits of existing roadway rights of way in Depot Village, Thorndike and Three Rivers.
D.Duffy asked what is proposed to prevent siltation in the resource area.
J.Roberts stated that inlet controls to the catch basins are proposed along with silt sacks. Silt fencing and hay places are also in place along the intermittent stream located on corner of Elizabeth Street and Pleasant Street.
A motion was made by R.Ring to issue a Negative Determination on the Three Rivers project. D.Duffy seconded. The vote passed (5:0).
A motion was made by C.Beauregard to issue a Negative Determination for Thorndike Street and Depot Village project. P.Izyk seconded. The vote passed (5:0).
DEP Letter dated July 16, 2009-the PCC reviewed the letter regarding the Barn Tavern, also known as Turtle Pond Tavern, located on 349 Wilbraham Street, Palmer. The letter states that the beavers have created an unacceptable environment that makes the drinking water vulnerable to bacterial, viral and pathogenic contamination.
Meeting Minutes of July 7, 2009-A motion was made by P.Izyk to approve the minutes as amended. R.Ring seconded. The vote passed (5:0).
Knox Pond Construction Report #20-the report dated July 6, 2009 was sent from Sherman and Frydryk Land Surveying and Engineering for the property located on 1094 Thorndike Street, Palmer.
A motion was made by R.Ring acknowledging receipt of the report. D.Duffy seconded. The vote passed (5:0).
D.Johnson stated that he received a call regarding a vegetable oil spill in the parking lot of Wendys Restaurant located on 1213 Thorndike Street, Palmer. The Department of Environmental Protection (DEP) had also received a call and was at the scene. The site has since been cleaned up and there was no indication of oil in the stream located behind the restaurant.
8:40 PM-A motion was made by R.Ring to adjourn. D.Duffy seconded. The vote passed (5:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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