Minutes Approved on 3/15/07
Page 1 of 6
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
March 1, 2007
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, Vice Chairman Minot Wood, and members Terrence Joyce, Misty-Anne Marold and Joe Rodrigues. David Esteves was absent. Conservation Agent Katrina Proctor was also in attendance.
1.3. Additions to the agenda (see 4.7)
2.0 General Business
2.1 Minutes - Tabled
2.1.1 February 1, 2007
2.1.2 February 25, 2007
2.2 Vouchers – Already voted on, signature needed.
2.2.1 MACC (7 Handbooks) $ 440.00
2.2.2 MACC (2 Environmental Conference)
2.3 Correspondence – NOTED.
2.3.1 Release Abatement Measure Completion Report – Riverside Farm Estates – Off Zina Road –
Noted.
2.3.2 Release Abatement Measure Completion Report – Colonial Dodge – 24 Coolidge St. – Noted.
2.3.3 New Bedford Regional Airport Improvements Project –Notice of Project Change – MEPA Review
The project has changed from an airport expansion to improving runway safety areas and providing necessary support facilities. - Noted.
2.4 Rescind the vote to issue Enforcement Order for Hammond Circle.
(NOI filings received.)
Paul Byrne made a motion to rescind the vote to issue an Enforcement Order for Hammond Circle because Notice of Intent applications were submitted for the subdivision roadway and drainage structures as well as work on Lot 2. The motion was seconded by Joe Rodrigues with all in favor.
3.0 Conservation Commission Agent Report
3.1 Monthly Meeting MSMCP – Conservation Restrictions – noted.
4.0 Hearings and Appointments
4.1 Continuance Hearing
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 noted that the Board of Health has approved the septic plan which was the final information that the Commission was waiting for.
Steve Poole stated the project will go to ZBA for a special permit for expansion of a pre-existing non-conforming use noting that the property is an existing two-family house in a single family residential zone requesting to expand to a four-family.
Paul Byrne made a motion to close the hearing and issue a standard Order of Conditions, seconded by Joe Rodrigues. Vote was taken.
Paul Byrne in favor of the motion.
Joe Rodrigues in favor of the motion.
Terrence Joyce in favor of the motion.
Minot Wood in favor of the motion.
Misty-Anne Marold abstained from the motion.
Vote 4-0-1 motion carried.
4.2 Continuance Hearing
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 s.f. 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).
Representatives Steve Poole, Consolidated Design and Scott Morrison of EcoTec, Inc. were present for the discussion.
Scott Morrison explained the new plan revision reduces the amount of wetland fill to 640 s.f. down from 724 ft. Scott noted that the replication planting plan includes red maple, yellow birch, high bush blueberry, winterberry with the existing herbaceous plants to be translocated with the soil. If necessary, the area will be seeded with “wetmix” from New England Wetland Plants Inc. or approved alternative.
Arthur Redding noted that he has met with the neighbors and they have asked for a fence pleasing to them. The fence will be sunk into the blocks of the retaining wall to prevent yard waste from being dumped into the wetlands as well as its importance as a safety issue for the Building Department.
Misty-Anne Marold referenced the Mass. Wetlands Protection Act and the inland regulations and stated that this is not necessary filling. She was concerned that we are loosing all of the canopy. She stated that this project has the same negative affects on the wetlands as the original Notice of Intent which was denied by the Conservation Commission and upheld in the denial of the Superseding Order of Conditions issued by DEP.
Scott Morrison stated that the restoration plan is appropriate.
Misty-Anne Marold stated that this is going to be a fundamental loss. She recognized that they have reduced the impacts; however, strongly opposed the project noting that there is too much fill.
Paul Byrne asked what is the overall ratio of wetlands: wetlands loss.
Steve Poole approximated the loss is .6%.
Terrence Joyce expressed concern about setting a precedent by allowing wetlands filling.
Minot Wood noted other wetland fill projects included Durand Chevrolet and Mass. Highway project upgrading Rt. 62. Arthur Redding noted F & C Construction’s project on Frias Court.
Arthur stated that they have considered alternatives and even bought another piece of property in order to get more land so that a septic system could be designed to meet the Title V regulations.
Minot Wood made a motion to close the public hearing, seconded by Joe Rodrigues with all in favor.
Paul Byrne made a motion to issue an Order of Conditions to approve the project, seconded by Joe Rodrigues. Vote was taken.
Paul Byrne voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Minot Wood voted in favor of the motion.
Misty-Anne Marold voted in opposition of the motion.
Terrence Joyce abstained from the vote.
Vote 3-1-1 Motion carried.
Special Conditions were added.
1) Replication area planting species must be listed as native within the county.
2) The fence must be 6 ft. height.
4.3 Kent Seith – Lake Boon Commission
Lake Boon resident Kent Seith updated the Conservation Commission on the watershed and lake management plan of Lake Boon. Seith explained that Lake Boon has an Order of Conditions from the Stow and Hudson Conservation Commission to use herbicides for the treatment of invasive aquatic plants. He stated that it is his understanding that an Extension Order has been issued by both towns. Conservation Agent Katrina Proctor will confirm. Seith explained that he is before the Commission to get approval for the herbicide application. He noted that the Stow Order of Conditions require that the Lake Boon Commission appear before their board for approval prior to the application of herbicides. He noted that the Town of Stow has given the approval for this year.
Seith provided some history and noted that herbicide application is only part of the lake and watershed management plan for Lake Boone. He noted that the Town of Hudson has upgraded catch basins, there have been educational programs and workshops and a pilot program which involves removing invasive plants by hand and transplanting with native plants. The Hudson Conservation Commission acknowledged that they have permitted Hudson DPW for the catch basin upgrade and also permitted the Lake Boon Commission/Barbara Clancy for the pilot program.
Seith reminded the Commission that herbicide treatment was planned in 2000 however; two abutters filed a law suit which halted the treatment. The abutters have since moved away and at this time they do not expect any opposition. Seith stated that the Town of Stow has approved the herbicide application for this spring. The Stow Orders of Conditions require that prior to any herbicide application the applicant must obtain the approval by the Conservation Commission. The intent is to treat in May of this year for milfoil and fanwort. Seith explained that the weeds are worse than ever especially in the 2nd basin.
Misty-Anne Marold asked a lot of questions about the treatment plan and the pilot program’s planting plan and requested a more prepared proposal from Lee Lycott or someone from Lycott Environmental Inc. The Commission required that Lycott Environmental, Inc. provide an update on the overall watershed and lake management plan, update on the pilot program and an explanation of how the decision was made to be sure that the herbicide application will not have an affect on the pilot program and information on exactly what is planned for the weed treatment.
Seith noted that the Town of Hudson voted in November to authorized $38,000 for weed treatment. The Town of Stow votes in May.
Seith and Proctor will gather information on the Notice of Intent filing, Order and Extension Order. Seith will arrange a time for Lycott to come to a Conservation Commission meeting.
4.5 Request to continue to March 15th awaiting BOH Septic Approval. Continuance Hearing - Notice of Intent (DEP #190-490)
Applicant/Owner: Alfred J. & Jean C. Zerega
Location: 15 Lyman St./82 Lakeside Ave.
Project Description: demolish existing single family structure, construction a new single family structure and remove of trees within the Buffer Zone.
Paul Byrne made a motion to continue the hearing to March 15th, seconded by Joe Rodrigues with all in favor.
4.6 Request to continue to March 15th.
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.
Paul Byrne made a motion to continue the hearing to March 15th, seconded by Joe Rodrigues with all in favor.
4.6 Candidate for Conservation Commissioner position – Richard Millett
Proctor previously explained Commission responsibilities to Mr. Millett and gave him the 2002 edition of the MACC Handbook for his review. Mr. Millett submitted his resume and discussed his experience. He was in the finance and accounting business and did procurement and wrote contracts. Paul Byrne made a motion to recommend Dick Millet to the Board of Selectmen, seconded by Joe Rodrigues with all in favor.
8.0 Advertisements and Conferences - Noted
8.1 MACC Annual Meeting on March 3, 2007
9.0 Commentary
9.1 Joe Rodrigues will be away for the next two Conservation Commission Meetings.
10.0 Adjournment – 8:30 p.m.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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