Minutes approved on 3/15/07
Page 1 of 8
CONSERVATION COMMISSION
78 Main Street, Hudson, MA 01749
(978) 568-2020
Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Misty-Anne Marold, Member Joseph Rodrigues, Member
Minutes
February 1, 2007
7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:30 p.m.
1.2. Roll Call: Chairman Paul Byrne, Vice-Chairman Minot Wood, David Esteves, Terrence Joyce, Misty-Anne Marold, and Joe Rodrigues. Conservation Agent Katrina Proctor was also in attendance.
1.3. Additions or deletions to the agenda.
2.0 General Business
2.1 Minutes
2.1.1 January 4, 2007 – Paul Byrne made a motion to approve the minutes of January 4, 2007, seconded by Minot Wood with all in favor.
2.2 Vouchers – none.
2.3 Correspondence
2.3.1 DEP Issued Certificate of Compliance for Colonial Dodge at 24 Coolidge St. - noted.
2.4 Agricultural Preservation Restriction (APR) Program – Sauta Farm. Proctor reported that Paul Blazer met with her explaining that the Sauta’s want an Agricultural Preservation Restriction on their property at 44 Brook St. Blazer request the Commission to fill out the form on the application pertaining to the municipality. The Commission is required to submit a statement stating why we support the restriction. Blazer noted that the Sauta’s are not asking for compensation in exchange of waiving development rights. The Commission reviewed the application. Marold offered to prepare the
Conservation Commission statement. Byrnes made a motion to support the APR, seconded by Wood with all in favor.
2.5 Finance Committee Meeting 2/15 at 7:30 p.m. – NOTED.
2.6 MACC Handbook – Proctor noted that the Commission received a complimentary copy of the new MACC handbook. Misty-Anne Marold said that the section on Natural Heritage is incorrect and she has been asked to rewrite the section. All the Commission members were interested in obtaining a copy of the handbook. Minot Wood made a motion to purchase 7 copies of the MACC handbook, one for each member of the commission, seconded by Paul Byrne with all in favor.
3.0 Conservation Commission Agent Report
3.1 Lincoln St. –Proctor informed the Commission that a realtor and potential buyer met with her to review potential new house lot in riverfront area of Danforth Brook and the Danforth Conservation Land.
3.2 Pending - Municipal Certificate for Conservation Restriction for River’s Edge Subdivision.
3.3 Discuss Tripp’s Pond – Maple Street - Trail maintenance/brush cutting by DPW/Recreation Dept. Proctor reported that she approved trail maintenance at Tripp’s Pond. Trails were overgrown with brush on the Maple Street side of the park. Proctor said she and Linda Ghiloni had an understanding that brush trimming was only allowed along the trail. The Park Dept. set up a site inspection with Proctor and DPW workers. At that inspection Proctor found that tree and shrub cutting was done at the pond edge. Proctor explained to DPW workers and Ghiloni that this activity/alteration could not occur without a
filing under the Wetlands Protection Act. Proctor also educated the parties on the impacts this cutting could have on the pond. Ghiloni said that she does not have the money in the budget to hire a consultant to prepare a filing. Proctor asked the Commission for guidance on how to advise the Park Dept. because they would like to proceed with cutting to allow for annual fishing derbies. The Commission stated that they will only allow trail maintenance without a filing and asked Proctor to take pictures of the cutting and prepare a report for the file for future reference.
4.0 Hearings and Appointments
4.1 Update Hillside Retirement Community “West Ridge Estates”.
David Eastridge updated the Commission on West Ridge Estates. He explained that the warm weather allowed them to get an extra month of work in. This week they were froze out. David Esteves said that he usually does a weekly inspection on Saturdays and he is concerned about stumps being dumped in the lagoon. Eastridge said he is unaware of that and will check it out and have them removed. Eastridge said they are consistent with the construction schedule that was provided to the board, except for the large lagoon. He noted that there was a hold up when Glen Olsen left Geo-Tec and moved to LFR. They decided to stick with Glen and went with LFR. This caused some delay in the project. Eastridge noted that the Wheeler Road side of the property has been
untouched and is holding up well. They will not touch the detention basin until the wall is constructed.
Regarding trails Eastridge noted that last September the Conservation Commission walked the proposed trail. Eastridge submitted a letter and plans for the trail. He noted that the trail was flagged utilizing GPS. The bridge is a 26 ft. wide broad span with no disruption to the bank. When asked who will maintain the bridge Eastridge stated that West Ridge owns maintenance of the park and there will also be a Conservation Restriction on the 10 acre parcel. He said that West Ridge will most likely maintain the bridge along with the park maintenance.
Minot Wood made a motion to accept the plan as presented, seconded by Paul Byrne with all in favor.
Eastridge requested to clear additional areas in Phase II for a staging area. He explained this is an isolated area and aesthetically in a good location. This staging area will not have to be touched or moved. Joe supported the request.
Paul Byrnes made a motion to allow partial clearing for Phase II which shall not be used until it is inspected by the Commission, seconded by Minot Wood with all in favor.
Eastridge noted that the Order of Conditions will expire on April 15th and submitted a request for Extension. Byrnes said the Commission will vote to issue the Extension at the next meeting.
4.2 Discussion with residents abutting Old County Road regarding dumping leaves.
Paul Byrne explained to the abutters of Old Country Road that the Commission invited them to the meeting as a result of a complaint that residents were dumping leaves and brush into wetlands. Byrne noted that filling wetlands could result in 2 years in jail and a $50.00 per day fine. He stated that the Commission had believed that the Department of Recreation and Sudbury State Forest owned the property, however we have received a letter stating they do not. Byrne asked the residents to stop dumping on that property. Recourse would be to go to the Environmental Police.
There was discussion and the residents agreed to comply. One residents expressed concern of scratch tickets blowing into that property. Another resident was concerned about who had complained wondering if this was retaliation from the owner of the gas station who was forced by DEP to clean up MTBE. Byrnes did not release any names.
4.3 Continuance Notice of Intent (DEP #190-489)
Applicant: Jose & Eugenia Matos
Location: 1 Glendale Rd.
Project Description: construction of an addition to an existing multi-family house, including two new dwelling units, expansion of the driveway and parking area and a new septic system within the Riverfront Area and within the Buffer Zone of Bordering Vegetated Wetlands.
Proctor reported that revisions to the septic system were just received by the Board of Health and is still under review by the town engineer.
Minot Wood made a motion to continue the hearing until February 15, 2007.
4.4 Notice of Intent (DEP 190-491)
Location: Lot 2, 17 Woodrow St
Project Description: Construction of a single family house including driveway access, septic system, site grading and utilities, within the Buffer Zone of a Bordering Vegetated Wetlands. Project also proposes filling 794 s.f. of wetland and a construction of a wetland replication area 1,008 sf. A proposed retaining wall with a 6’ high chain link fence is proposed within the fill area.
DEP Comments: APPLICANT NEEDS TO CONSIDER ALTERNATIVES THAT AVOID FILLING OF BORDERING VEGETATED WETLAND PURSUANT TO 310 CMR 10.55(4).
Abutters were present.
Steve Poole presented the Notice of Intent. He explained that part of the Plaza on Main St. was subdivided for Lot 2. It was noted that the previous proposal for house construction was denied by the Commission and upheld by DEP. Poole explained that the proposal includes 790 s.f. of wetlands filling a 1000 s.f. replication area. He noted that the proposed house includes a walkout basement. He stated that this proposal has a reduction in the amount of wetlands filling and the replication area is moved over. The replication area is located on 3 lots all owned by the applicant, Arthur Redding.
Proctor noted that the DEP denial upheld the commissions denial and added the additional comment about the necessity to keep the septic system 50 ft. away from the wetlands to meet Title V.
The proposed septic system is 37 ft. from the proposed replication area.
Misty-Anne Marold said that all of the reasons why the project was originally denied still stand. She continued that the engineer has not dealt with the issue of keeping the septic system 50 ft. away from wetlands. Steve Poole said that he could revise the plan to meet the 50 ft. Title V. criteria.
The Commission asked if the septic design has been submitted to the Board of Health. Poole said that it had not been submitted yet, however, he planned to submit it tomorrow.
Abutter Steve Cristini expressed concerns about elevations. He stated that his house would be much lower than the proposed house and that this would ruin his property value. Arthur Redding and Steve Poole disagreed with his interpretation of the plans and said that they could review the plans together.
Misty-Anne Marold said that the Commission looks for a 25ft. naturally undisturbed buffer zone.
Joe Rodrigues said that he would prefer a solid concrete wall instead of a rock wall to protect the septic system from leaking.
Poole said that they have been before the Planning Board for the ANR approval and said that they should have the approval this week.
David Esteves was concerned about the strip of frontage access off of Main St. Attorney Gionetti referenced a court decision in Braintree which allows the interpretation. The 2 ft. wide strip of land connecting Main St. to Woodrow St. is 20 ft. wide along Main St.
Robert – 11 Woodrow St. was concerned that the wetlands behind his house would be impacted.
EcoTec flagged the wetlands.
Another abutter, Jack, stated that tree cutting required for this proposal would have a negative effect on the wetland characteristics because the wetlands would be exposed to sun and the summer heat would cause changes to dry the wetland up.
There was also notation of cumulative impacts.
Paul Byrne made a motion to continue the hearing to February 15th, seconded by Joe Rodrigues with all in favor.
4.5 Continuance Hearing - Notice of Intent (DEP #190- )
Applicant/Owner: Alfred J. & Jean C. Zerega
Location: 15 Lyman St./84 Lakeside Ave.
Project Description: demolish existing single family structure, construction a new single family structure and remove of trees within the Buffer Zone.
Tom DiPersio stated that he is designing a new system and requested a continuance.
Paul Byrne made a motion to continue the hearing to February 15th, seconded by Joe Rodrigues with all in favor.
4.6 Continuance Hearing - Notice of Intent (DEP #190-487)
Applicant: Dana Stenquist
Location: 159 White Pond Rd.
Project Description: construction of new roadway and two single family house lots, and appurtenances. Portions of stormwater management system and some lot grading is proposed within 100 ft. of Bordering Vegetated Wetlands.
Tom DiPersio submitted new plans. He said that the applicant has considered the Conservation Restriction and has decided that this is not something he wants to do because of what it can do the salability of the lots. He explained that the stormwater management system is at the 30 ft. Buffer Zone and that there is no other disturbance within the 50 ft. Buffer Zone. The septic systems have not been designed yet, however, they will be outside of the 100 ft. Buffer Zone. Tom said that the project meets the performance standards of the Act.
There was discussion about the Conservation Restriction. Misty-Anne Marold said that the Natural Heritage and Endangered Species Program uses Conservation Restrictions often and that she does not believe there is a negative financial impact. She noted that this is consistent with want the Commission has done in the past. A Conservation Restriction will avoid future cumulative impacts and will prevent future uses which are not passive. Terrence Joyce was not sure that a Conservation Restriction could be required by the Commission. Misty-Anne Marold stated that DEP has required Conservation Restriction in their Orders of Conditions.
Misty-Anne Marold said that she would fax deed language to Tom DiPersio.
Misty-Anne Marold made a motion to place a deed restriction on the 50 ft. Buffer Zone to prevent future cumulative impacts, no structures, no loss of vegetation, no permanent or temporary structures, seconded by Joe Rodrigues.
Vote was taken.
Paul Byrnes in opposition of the motion.
David Esteves in favor of the motion.
Terrence Joyce in opposition of the motion.
Misty-Anne Marold in favor of the motion.
Joe Rodrigues in favor of the motion.
Minot Wood in favor of the motion.
Vote 4-2-0 Motion carried.
Misty-Anne Marold made a motion to close the hearing and issue a standard Order of Conditions with the following special condition:
1) A deed restriction will be placed on the 50 ft. Buffer Zone to prevent future cumulative impacts, no structures, no vegetation loss, no permanent or temporary structures.
The motion was seconded by Joe Rodrigues with all in favor. 6-0-0 Motion carried.
4.6 Continuance Hearing - Notice of Intent (DEP #190-486)
Applicant: Paul Davis
Location: Lot 3 Chapin Rd.
Project Description: the owner/applicant proposes to construct a home with grading, driveway, culvert installation over intermittent stream and landscaping.
Tom DiPersio submitted a new Notice of Intent and stated that he has an appointment with the Planning Board for the ANR the second meeting in February.
Paul Byrne made a motion to continue the hearing to February 15th, seconded by Joe Rodrigues with all in favor.
8.0 Advertisements and Conferences
8.1 MACC Annual Meeting on March 3, 2007
9.0 Commentary
9.1 Finance Committee Meeting 2/14 at 7:30 PM.
10.0 Adjournment – 10:00 PM
Minutes respectfully submitted by,
Katrina Proctor
Conservation Agent
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