2000-03-01 Conservation Commission Minutes

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READING CONSERVATION COMMISSION Minutes of Wednesday, March 1, 2000 Town Hall Selectmen's Meeting Room Present: Chair, Nancy Eaton, Members Bethann Matathia, William Finch, Vincent Falcione, Ronald Tanner, Mark Gillis, Lucky Hulse (7:40 PM) and Conservation Administrator Karen DeFrancesco Notified Absent: Consultant Leo Kenney. No Recording Secretary. 7:14 PM Discussion - DEP 270-322, RGB 1999-24, Lot 3, Timothy's Place, Amended Plans and Land Donation - 379 Haverhill Street. Jack Rivers was present and discussed donation of the rear portion of Lot 3, all but 44,000 square feet needed for zoning requirements of Lot 3 and a requested Amended order for Lot 3. He proposed a wall running from 0-3' in height across the rear of the property that would involve 1522 square feet of Bordering Vegetated Wetland (BVW) filling and would expect the Commission to do their own replication for the filling. The wall would then become the separation between upland and the BVW line. The town would also abandon any rights in the right of way (ROW) that it has on the 12' ROW from Haverhill Street through Lot 3. The Chair stated at first glance the land donation is terrific but was opposed to trading land for regulatory requirements: The proposed wall is either right on the BVW line or within the wetlands. The house corner as now is proposed is 21 feet from the wetlands and does not meet the regulatory 25' minimum. Mr. Falcione stated when Rivers was before us, you stated you would probably want to donate a portion of the land in Lot 3. Now the proposal seems to be: approve what I want or there will be no land donation. The letter from Mr. Rivers dated November 16, 1999 was circulated to refresh individual memories. The Commission did not view this letter as proposing a trade-off for a land donation. Bethann Matathia said she would consider it, however, in reviewing all projects, she likes to see a 25' Zone of Natural Vegetation (ZNV) and cannot change that based on a land donation. Mr. Rivers stated he understood and never meant that. Mr. Finch stated the original plans showed a constructable project and the Commission cannot now go back and approve a project with greater wetland impact. Mr. Gillis said the Commission had told the Town Manager regarding the proposed landfill project that we don't offer advisory opinions. We don't know any of the specifics and we generally abide by the regulations and that Mr. Rivers should know that from past experience before the Commission. Mr. Tanner stated if we go against the regulations for this project we'd have to look at doing it for all projects. Mr. Falcione asked why he needed to do the filling and whether it was for a larger back yard. Mr. Rivers said it would provide a landscaped yard as opposed to a zone of natural vegetation. Mr. Rivers then said he did not see the need to pursue a Town Meeting warrant article for a land donation.