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Woburn conservation panel issues negative determinations for two house‑addition RDAs after site reviews
Summary
The Conservation Commission closed public hearings and issued Negative 3 Determinations of Applicability for house additions at Locust/Evelyn Lane and 102 Middle Street after site reviews found intermittent stream conditions; commissioners noted jurisdictional concerns but said the projects could proceed without an NOI.
The Woburn Conservation Commission on Oct. 10 closed two public hearings and voted to issue Negative 3 Determinations of Applicability for proposed house additions at Locust/Evelyn Lane (Scott Berkey) and 102 Middle Street (agenda listed Robert McGuire; the owner spoke as "Bob Maguire").
Scott Berkey, the property owner, said an engineering report classified the onsite channel as intermittent rather than a wetland; he asked the commission for approval of his addition. A commissioner who conducted the site walk said he believed the channel met the state’s definition of a jurisdictional intermittent stream because it was connected to upstream wetlands, citing a 2014 precedent in the city. He added that the finding of jurisdiction did not prevent the project from moving forward.
After discussion the commission closed Berkey’s hearing and moved that a Negative 3 Determination of Applicability be issued, meaning the applicant does not need to file a Notice of Intent. The motion was seconded and carried with all in favor.
At 102 Middle Street, the owner (who identified himself as Bob Maguire) said commission inspectors had reviewed the shared stream and found the site to be well maintained. Commissioners again noted jurisdictional connections upstream but described the proposed porch addition as acceptable. The commission closed the hearing and issued a Negative 3 Determination of Applicability; staff agreed to mail the determination or make it available for pickup per the owner’s preference.
Commissioners emphasized that a Negative 3 determination addresses the current proposals and does not preclude future filings if new work is proposed. The actions taken were procedural determinations under the commission’s wetland jurisdiction authority; no fines or enforcement actions were imposed.
