Minutes Approved 11/16/06
Minutes 11/2/06 Page 1 of 5
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-9625
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Minutes
November 2, 2006, 7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 p.m.
1.2. Roll Call: Chairman Paul Byrne, David Esteves, Terrence Joyce, Joe Rodrigues and Minot Wood. Misty-Anne Marold was absent. Also in attendance Conservation Agent Katrina Proctor.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1 Minutes - Paul Byrne made a motion to approve the minutes September 7 & 21, October 5 and 19, seconded by David Esteves with all in favor.
2.1.1 September 7, 2006
2.1.2 September 21, 2006
2.1.3 October 5, 2006
2.1.4 October 19, 2006
2.2 Discuss Proposed Budget ’08 –The Commission decided that the budget proposal will include a request for a full-time Conservation Agent and a request to for $5000 for the Conservation Fund which is $1000 more than level fund.
2.3 Planning Board Request for Review and Comments (due 11/21/06) – Old North Woods, Preliminary Plan – It was noted that there are wetlands in the vicinity of this project.
2.4 DEP Site Visit – 7 John Robinson Dr. – November 8th at 10:00 AM – Noted.
2.5 Certificate of Compliance
2.5.1 5 Worcester Ave. Proctor recommended the issuance of a COC. Paul Byrne made a motion to issued a Certificate of Compliance, seconded by David Esteves with all in favor.
2.5.2 7 Worcester Ave. – Steve Poole requested to remove the hay bales and install silt fence in its place to control any potential runoff from the driveway. Poole noted that most of the work is complete except for the driveway. The Commission approved the proposal.
3.0 Conservation Agent Report – None.
4.0 Conservation Commission Members Report
4.1 Terrence Joyce noted that he is working on a wetlands bylaw.
4.2 Marty Moran noted that he will meet with Jeff Richards regarding a proposal for the Danforth Lot.
5.0 Hearings and Appointments (7:00 PM)
5.1 Continue to Continuance Hearing Notice of Intent (DEP 190-483)
Applicant: Richard Wiel
Location: 6 Lakeside Ave.
Project Description: construction of a replacement septic system and associated piping & structures.
(5.1 & 5.2 were opened simultaneously)
Proctor noted that the Commission has received a letter containing an affidavit of ownership. Steve Poole explained the new plan which includes a planting plan of native and wildlife habitat supporting vegetated buffer.
Esteves noted that previously Mr. Taylor of 592 Main St. claimed that he owns 2500 s.f parcel along the shoreline. Poole agreed. Poole said they will file a petition with ZBA and will re-divide the lots to add additional area to the parcels Lot 6 & 8. Poole said that there are currently 4 lots total. He stated that one house sits on a legal grandfathered lot. The Commission felt that new proposed lots are very small (too small).
Byrne asked about the ownership of the third lot and felt that it might require a separate Notice of Intent. Poole said that Fred Ryan Jr. owns Lot 36, 37 and 192; Fred Ryan Jr and his wife own Lot 191. Fred Ryan Jr. commonly owns all of the lots.
Erica Bigelow, 13 Temple Ave explained her concerns as follows:
1) The NOI rests on the conclusion that the stream is intermittent and in a previous Order of Conditions the Commission determined that the stream is perennial. Bigelow stated that the stream is not intermittent and has not seen it dry. She continued that if it is perennial it is subject to review under the riverfront area
2) The footprints of the houses are doubling in size. She continued that the septic systems are designed for 3 bedroom houses within 100 ft. of Lake Boone. Bigelow stated that the lake already has problems with nutrient loading and believes that the proposed planting along the shoreline will not prevent runoff from fertilizer from lawns. Bigelow noted that the people in the cove have spent $20,000 this year to clean up the cove and will spend significantly more next year. Bigelow opposes 2 new homes in this lake area. Existing are (2) one-bedroom cottage and proposed are (2) three bedroom houses on 22,000 s.f lots... Bigelow stated that this is a vast difference.
Poole said that Lot 6 doubles in size and Lot 8 increase in size 30-40%. He stated that if there are no waivers from Title V then it is presumed be in compliance with the Conservation Commission. Poole stated that the Board of Health has approved the plans. He stated that the lots are more than 50% larger than most lots on Lake Boone. Bigelow said that all the surrounding lots are larger noting that hers is 30,000 s.f. Mel Taylor has 4 bedrooms and Bigelow has 3 bedrooms. Poole said that they would have not problem with a condition restricting no lawn or no fertilizers. They would also be agreeable to a naturalized backyard.
Byrne made a motion to close the hearing and issue an Order of Conditions, seconded by Minot Wood. Vote was taken.
Byrnes in favor.
Rodrigues in favor.
Wood in favor
Esteves Opposed.
Joyce Opposed.
Vote 3-2-0 Motion carried.
Byrne made a motion to issue a letter to the ZBA asking them to consider 1 lot rather than 2 lots to bring it up to zoning to match the other surrounding neighborhood lots, seconded by Esteves with all in favor.
5.2 Continuance Hearing Notice of Intent (DEP 190- 484)
Applicant: Richard Wiel
Location: 8 Lakeside Ave.
(5.1 & 5.2 were opened simultaneously) (See 5.1 for meeting minutes)
5.3 Lauren Heights – David Burke & Mike O’Malley to discuss wetlands consultant report regarding wetland alteration.
KP explained that she received a call from David Burke earlier in the day and since he had not heard from Mike O’Malley directly he would not be able to attend the meeting.
Mike O’Malley apologized for the miscommunication and asked to agenda time at the December 7th meeting.
Byrnes made a motion to continue the enforcement order meeting on December 7th. Seconded by Minot Wood with all in favor.
5.4 Continuance Request for Determination of Applicability (HUD #331)
Applicant: George Contrada
Location: 123 Main St. (Hudson Motor Cars)
Project Description: replace water supply pipe between street valve and meter, install granite planter to enhance walkway project, grade and repave parking lot as needed.
Mr. Contrada presented a plan from Jeff Richards which proposes a rain garden as a filter and buffer area. Contrada said that this is a better scenario than an accident situation on the public roads.
Proctor explained to the Commission that she discussed the issues with Ciccolo and Richards who state that they followed the directives of the Commission as provided during hearing on the Tannery Brook Canal project. They feel that if the Commission requires a catch basin than this would be a burden on the owner who has worked with the town. They report that there is zero dollars left in the budget for the canal project.
Byrnes noted that he discussed the current plan proposal with Jeff Richards. After some deliberation Proctor stated that if the Commission is thinking of requiring a catch basin Ciccolo would like the commission to continue the meeting to allow further discussion with Jeff Richards. The Commission was in agreement to continue.
Byrnes made a motion to continue the meeting, seconded by Minot Wood with all in favor.
5.5 Notice of Intent (No DEP # yet)
Applicant: Marty Moran, Associate Conservation Commissioner
Location: Falls Brook Road (Danforth Lot)
Paul Byrne noted that the Notice of Intent application should state that the Town of Hudson is the owner, not the Conservation Commission. Associate Member Moran said that he would revise the application.
An abutter stated that Amanda Hope of the Mosquito Control Program said that they would clean out the debris from the stream. Moran said that he held a site visit with Amanda Hope and she said the proposed project is not within the scope of the Mosquito Control Program. Moran will ask Hope about clearing the debris from the stream channel.
Moran explained that the proposed project is for the intended purpose to keep the pond from overflowing and eroding the trail (old railroad bed). Moran proposed to install a 6” high berm made of clay and rock. Access will come from the Lincoln St. entrance, materials will be brought in approximately 1500 s.f. Moran continued that the DPW has the material and the Commission must take look at it to approve the material. DPW does not have any rock available. Moran continued that a small front-end loader is needed and rocks from site can be used. Rodrigues advised not to use loam or clay. Work could be done during the frozen conditions and should be done as soon as possible to avoid further erosion of the trail.
Public inquiries:
Brian Johannes, 198 Lincoln St. “Mayo House”
Sarah Howard, 10 Falls Brook Rd.
Minot Wood made a motion to close the hearing and issue an Order of conditions with the following special condition:
1) Prior to any work a final plan must be presented at a Commission meeting and approved by the Conservation Commission.
The motion was seconded by Joe Rodrigues with all members in favor.
5.6 Notice of Intent (DEP #190-487 – No DEP Comments)
Applicant: Dana Stenquist
Location: 159 White Pond Rd.
Engineer Tom DiPersio Jr. explained that currently there are 2 parcels of land. The Planning Board reduced the width of the road to 24 ft. wide. The proposal includes a 50 ft. undisturbed buffer zone. DiPersio explained the stormwater design includes pre-treatment vortex system and infiltration system. The owner will deed wetlands to DPW. Superintendent Tony Marques is interested in the property because of the drinking water wells.
There is no Board of Health approval yet. There is no final septic system design yet.
There is a wooded Buffer Zone currently.
The Commission will perform a site visit.
Byrne made a motion to continue the meeting to November 16, seconded by Rodrigues with all in favor.
5.7 Continuance Hearing Notice of Intent (DEP #190-486)
Applicant: Paul Davis
Location: Chapin Rd.
Project Description: the owner/applicant proposes to construct a home with grading, driveway, culver installation over intermittent stream and landscaping.
Tom DiPersio requested a continuance.
Byrne made a motion to continue the meeting to November 16, seconded by Rodrigues with all in favor.
5.8 Continuance Hearing ANRAD (DEP #190-485)
Applicant: LPM Holding Company, Inc.
Owner: Watson Ventures LLC
Project Description: resource area delineation only
(No DEP letter was received.) The Commission is awaiting a letter from DEP regarding an opinion of the riverfront exemption. The meeting will be continued after receipt of the letter.
8.0 Commentary – Noted.
8.1 Budget Reviews Tuesday November 14th at 1:00 PM
8.2 Budget Hearing Tuesday, January 9th at 8:00 PM
9.0 Adjournment – Byrnes made a motion to close the hearing at 8:30 pm., seconded by Wood with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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