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April 1, 2010
Natick Conservation Commission
April 1, 2010

The Meeting was called to order at 7:00 by Chairman, Matthew Gardner.  Members present:  George Bain, Kathy Rehl, Jennifer Ducey, Bernie Raftery, Jason Makofsky  



Discussions

Paperboard Site
Larry Forshner, precinct 6 town meeting member, former Natick teacher and Electrical Inspector, lifelong resident, was asked by neighbors of Paperboard site to voice their concerns regarding the 2008 oil spill from the Paperboard site into Pegan Cove.  As an Electrical Inspector, Mr. Forshner has inspected the premises many times, and feels there are conflicting stories describing the type of oil spill.  It was reported vandals were taking copper piping and mineral oil was leaked from pipes.  He recalls no mineral oil ever in pipes, and described the installation in front of the building.  If it was mineral oil that did spill into the lake, there would not be the rainbow sheen of petroleum.  He was never called to the site as an inspector.  Mr. Forshner does not know what the oil was, or how it spilled, but it troubles him and does not make any sense why it was not thoroughly investigated.  

Mr. Gardner asked what the concerns are presently.  Mr. Forshner feels it was a criminal activity, spilling excess motor oil.  Neighbors recall men sneaking 60 gallon drums behind the building at 6:00 a.m.  Mr. Gardner explained that is why the plan is to remove the contaminated soil on the site, and what is not removed, will be capped.  Bob Bois stated it was determined there was not criminal activity, they broke pipes.  There have been numerous conversations on this activity and the site is now overseen by the state.  Newark group is doing the clean up.  

Matthew Gardner stated if there was a violation, it will be handled by the state.  The Commission wants to protect the environment.  Mr. Gardner suggested contacting the people who are in charge and voicing your concerns.  

Mr. Forshner feels the town rubber stamped and water was contaminated.  Asked if anyone tested to determine it the spill was mineral oil.  Mr. Bois stated the samplings found no motor oil or  criminal activity.  They have to follow protocol.  

Mr. Gardner stated the site is ready to be developed, the process was followed and it is out of Commission’s hands.  Mr. Bois stated there is nothing to do.  The clean up was out of our hands and went right to EPA for emergency. Mr. Forshner is concerned with the water supply.    

Mr. Gardner offered to get the strike force phone number and Mr. Forshner can present them with his concerns.

Russell Brown, abutter, observed dumping of motor oil into catch basin two years ago.  Passed out a report by Paul Gettings who was in charge of DEP.  Mr. Brown stated when the plant closed in 2008, 4,000 gallons of motor oil was dumped.  Felt that Mr. Bois, Paul Gettings, and Terry Tull allowed slick to travel throughout lake.  Mr. Russell is convinced it was motor oil that was dumped into the catch basin and flowed to lake.  Felt the authorities did nothing to prevent the slick going out of cove throughout the lake and into Boston water supply.  The catch basin was saturated.  Three weeks later, a water skier observed the oil and made the connection.  Mr. Russell is upset that he saw it happen, Newark has been dumping oil for 50 years, the yard is contaminated with tons of motor oil used to lubricate equipment.  

Matthew Gardner stated the situation was handled appropriately at the time and the site is now ready for the next phase of development.  If it was or was not mineral oil, it should be taken up with DEP.  The Commission is all ears if we can voice your concerns.  The response was appropriate at the time.    Mr. Russell feels it was motor, not mineral oil and the contamination was covered up.  Mr. Gardner stated Mr. Russell’s accusations are making Commission skeptical and questions his motivation, particularly, with his making unsubstantial allegations about the town’s Environmental Compliance Officer.


Natick Army Labs
Matthew Gardner read report.  Commission agreed that project is pretty straight forward and does not have any questions.  

Jennifer Ducey asked about the endangered species (mussels).  Mr. McHugh will notify Bob Bois before starting.


Request for Determination – 186 East Central Street
Matthew Gardner read public hearing notice.
Scott Goddard and a representative from Conner’s Engineering reviewed site plan.  The house on site is under Act and Bylaw.  Reviewed drain line and catch basins.  The entire area has been worked on to install drain line.  A small area, 30 ft natural depression, the drain line has some block in it.  3 inch maximum depth.  Mr. Gardner asked would that hold water and be a potential vernal pool.  No vernal pool.  If there was a clear line, likely would not have this slight depression.  

Bernie Raftery arrived at 7:50

Mr. Gardner stated a large portion of lot is out of Commission’s jurisdiction.  The depression area seems like a stormwater, not a resource area.  Behind train tracks found to be an intermittent stream.  Most likely, a positive determination behind lot.  Have to treat as other lots on route 135 as jurisdictional.  

Site visit April 10th, 9:00 a.m.

Mr. Gardner motioned to continue to April 15th, so moved my Kathy Rehl, seconded by George Bain, all in favor 6-0.

Assembly Hall – 80 Bacon Street
Bob Bois reviewed activity behind lot in the back of the hall on Batton Road.  It was previously classified as wetland resource area.  A representative from the Jehovah Witness Assembly Hall was trying to improve drainage and was not aware of filing.  He was doing the actual work, along with another member of the Hall.    Mr. Gardner stated the other member should have known better.  There is a permit process that needs to be followed.  Jehovah Witness Rep asked if he can just fix the problem.  Mr. Bois felt a site visit is necessary to determine a restoration and that the site is secured.

An abutter asked why work was being done.  Complaints from neighbors to redirect water flow, and it was effective.  The abutter was asking for help clearing and fixing drainage, and did not expect heavy equipment to be used.  

Assembly Hall wants to make sure neighbors are satisfied and wants to do what they can.  

Mr. Gardner asked if it was okay for neighbors to accompany Commissioners on site visit, which is a data gathering process for them only.  Will ask the Assembly Hall’s Board of Directors and get back to Mr. Bois.  It is a stand procedure


Site visit, April 10th, 9:30.  


Middlesex Path
Carol Berkowitz and Pat Conaway discussed path and the trash found on it.  Mr. Gardner stated Commission is the sole owner of path.  The lock on gate has already been repaired and will get in touch with DPW to oversee the removal of debris.  Homeowners should be responsible, so much debris and water running through it all, going into lake.  Mr. Gardner will walk the path again Saturday while water is high.  Feels the state should help with the clean up.  Not sure who holds lease.

Pat Conaway is trying to get the path safe.  A lot of trash (four sofas, futon bed, etc) need to be removed.  Mr. Gardner will be on site walk together when it’s determined who will remove debris.  

Ms. Berkowitz stated April 24th is Earth Day and they need sites, Pegan Cove, 30-40 people.  The debris on north side will be impossible to remove because of location and site conditions.



Meeting adjourned at 8:30