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HomeMy WebLinkAbout2012-03-28 Conservation Commission Minutes CmPvrvelm Mxiwa Mwu Mmh28,2012 App dAptlu1,2012 ® MINUTES Reading Conservation Commission Meeting Selectmen's Meeting Room,7:00 PM Wednesday,March 28,2012 Present: William Hecht, Chairman, Barbara Stewart; Thomas Loughlin,Annika Scanlon, Brian Sullivan, Brian Tucker Charles Tlrone,Conservation Administrator Kim Saunders, Recording Secretary Mike Toohlll,Coneco Engineering Ryan Bianchetto,Allen &Major Richard Kirby, LEC Environmental / Milton Silva,resident Teresa Reid,resident Bill Jacques, US Army Roger Sciascla,resident Mr.&Mrs. Demeter,resident Ed McColgan, resident Scott Castiglia,applicant Mr.Watsky,Lawyer Al Coulllard,applicant Jean Dellos,Town Planner Jamie Lynch,contractor Absent: Jamie Maughan Call to Order: There being a quorum Mr. Hecht opened the meeting at 7:00 PM Old/New Business Minutes for Approval: 78 Whittier Road Mr.Kirby represented the applicant.- They would like to put an addition in the back of the house. A sketch was presented of the proposed work. The applicant wanted to see if the Commission would consider a NOI before filing;due to the cost. They let the applicant know that a variance would be needed,but would consider. Continued NO1270-0597: 25 Haverhill Sheet, Map, 30 Lot,20,Allen& Major Mr. Hecht opened up the continued Public Hearing. Mr. Bianchptto represented the applicant. He went over the changes to the project,they were the filing fee is waived,amended the erosion control and change in the utilities. He lel the Commission know the Town Counsel said the temporary construction easement should be considered a license forth. Motion made by Ms.Stewart to accept the plan changes. Ms.Scanlon seconded. Vote was 6-0-0. Mr. Hecht stated the Order of Conditions will have two amendments: One is to waive$10,660,a part of the total filing fee;and to change temporary construction easement to license form. Motion made by Ms.Stewart to close Public Hearing. Mr.Tucker seconded. Vote was 6-0-0. Motion made by Ms.Stewart to accept Order of Conditions,with amendments. Ms.Scanlon seconded. Vote was S.M. Continued NO1270-0598: 188 Forest Street, Map,32 Lot,237,Castiglia Mr. Hecht opened up the continued Public Hearing. The applicant talked about the changes he made and why a variance was nestled. He would like the fees recalculated due to less work in 1 Conservation Meeting Minutes March 28,2012 Approved April 11,2012 wetland area. The Commission let the applicant know that there was an inquiry from the State; and he would need to reply to them. He should let the State know(and a courtesy copy to the Town of Reading)that the work area has been changed since the original filing. They reminded him no heavy machinery will be allowed. Motion made by Ms. Stewart to close the Public Hearing. Mr. Tucker seconded. Vote was 6-0-0. The Order of Conditions was discussed with applicant. Two amendments are needed: the applicant name on the OOC had an error and a request of$125 fee reduction. Mr. Tirone told the applicant he would like a detail plan where the fence will go. Motion made by Ms. Stewart to reduce fees. Mr. Loughlin seconded. The vote was 6-0-0. Motion made by Ms. Stewart to accept the Order of Conditions, as amended. Mr. Tucker seconded. The vote was 6-0-0. RDA 12-4: Track, Norman and Harvest Road, Map, various Lot various Coneco Eng. Mr. Toohill represented the applicant, National Grid. He talked about replacing existing gas lines with all new plastic lined pipes. Nat'l Grid will take away all material, by truck, from trenches; and be replaced by clean fill. There will be no impact to the wetlands; all work done in road. Service will not be interrupted. It was talked about how the applicant generally does not abandon old pipes; but sometimes it is necessary. Mr. Tirone stated he was told the road will be paved right after the work is done. The conditions were talked about; street sweeping needs to be done, no work in heavy rain and erosion control.A resident asked about getting gas hooked up at his residence on Track Road. Mr. Toohill will follow up with resident. Motion made by Ms. Stewart for a negative determination, as amended. Mr.Tucker seconded. The vote was 6-0-0 OOC 270-0596: 97 & 101 Forest Street, Map, 39 Lot, 102 & 104, Caroline Florence LLC The applicant was present. Mr. Hecht told him to look over the Order of Conditions. The applicant was concerned some of the conditions listed were already done. It was stated if done, don't worry they are boiler plate. Mr. Tirone stated the Town is still waiting for approval from the RMLD. The applicant talked about his concerns if and when inspections are needed, the Conservation administrator might not be here; due to his part time hours. Mr. Hecht let them know that the town has a procedure, if this was the case. The Town Planner also let the applicant and Commission know the town is working on a new License and Permit software; which will make inspections flow easier. Some things the Commission talked about are: frustration with the storm management practices, invasive control, maintenance for catch basins needs to be documented starting with construction, and trees needed to be replaced in addition to the trees along side the road. It was asked of the applicant if he is willing to replace or remove the damaged wall to prevent erosion to the wetlands; and remove trash that has accumulated. The applicant stated he didn't have an issue with cleaning up the trash. He will also repair and remove portions of the wall; but a variance is needed. Motion made by Ms. Stewart to rebuild wall. Mr.Tucker seconded. The vote was 5-1-0. It was asked that the invasive be removed. Bittersweet was seen on the trees and maybe Japanese Knotweed. It was suggested that the site be walked with the Conservation administrator or Commission when the tree planting time comes. Concern from a resident regarding the maintenance of the drainage areas and flooding was talked about. Mr. Hecht told the resident the changes in the OOC should help. The resident should try to come to the Town meeting when the road is accepted; and speak of his concerns. If a 3rd party review should be considered; but stated it was too late since the Public Hearing is closed. The Riprap that is being installed was talked about and if it was considered a structure; if it is a structure a variance is needed. The applicant disagreed that it was a structure. Motion made by Ms. Stewart to approve amended OOC with variance. Mr. Hecht seconded. The vote was 2-4-0. The Commission did not feel comfortable voting on an OOC with a variance; without seeing the variance letter first. The Conservation administrator let the Commission know they needed to vote tonight. They needed to approve or deny but, the 21 days is up. Applicant wrote up why a variance is requested. 2 Conservation Meeting Minutes March 28,2012 Approved April 11,2012 Motion made by Ms. Stewart to accept variance. Mr. Hecht seconded. The Commission was concerned the components to this variance was not met; maybe mitigation is necessary. Motion made by Ms. Stewart to accept mitigation. Mr. Hecht seconded. The vote was 4-2-0. It was stated by the Conservation administrator that the Commission signatures on an OOC is just administrative; you need to sign it even if you didn't vote in favor. 44 Chapel Hill Drive This applicant needs to remove a tree. The tree is damaged and diseased. While on a site visit, Mr. Tirone saw sink holes on the property. The owner will fill in. Austin Prep The school is working on their dugout. This project is not in wetlands, but they have to cross over an existing path. Amended OOC 270-0564: 285 Main Street, Map, 12 Lot, 43 Gabriello The Commission signed the amended Order of Conditions that were approved at last meeting. The Conservation administrator stated he talked to the architect and it was suggested someone from Conservation should be on site when the back berm is being stabilized. Minutes for Approval: Motion made by Ms.Stewart to accept the March 14, 2012 minutes. Ms. Scanlon seconded. Vote was 4-0-2 Bills approved: Pearl Street, Water and Sewer Motion made by Ms. Stewart to approve the bill to be paid. Mr. Tucker seconded. Vote was 6-0-0. MACC Mr. Tirone let the Commission know the MACC is offering a Webinar, units 3, 5 and 7. Kurchian Woods Mr. Tirone talked about the poison ivy at the Kurchian Woods boardwalk. They would like to treat it; different treatments were discussed. The Commission asked that they use Rodeo for the treatment; if it is an approved pesticide. Vote was 6-0-0 Earth Day Mr. Hecht said that Earth Day will be at Mattera Cabin this year on April 215`. The Commission should plan on attending and there will be a Conservation table. Mass. DEP: Causeway Street Mr. Hecht talked about the existing OOC 270-545 from January 2009. This land was used as a dumping ground. They are waiting for work to be done. Cross Street drainage ditch Mr. Tirone talked about his site visit with the DPW. The DPW discussed their procedure; and how they will remove the debris. The Commission asked if the sill is going to be cleaned out to improve water flow: and if the work will create a path. Mr. Tirone said no to both. They are minimizing what they are doing; they are just removing previous storm damage. A general permit was discussed and if the DPW should have one. Mr. Tirone will assist in preparing a proposal. 15 Nelson Ave This site visit to be brought back up at another meeting Open Space& Recreation Plan 3 Conservation Meeting Minutes March 28,2012 Approved April 11,2012 The Conservation administrator talked about how the Open Space & Recreation Plan needs to be updated. He will edit the old and let the Commission know the changes. Email from Mr. Hechenbleikner Mr. Hecht talked about the email regarding remote participation from members serving on a Board. It was stated that the Town Selectmen decided that this is not allowed right now. Regulations The Wildlife Habitat definition was discussed again and if it legally passed. A letter from Judith Picket was read by Mr. Hecht; it was determined based on legal counsel it did not pass. Mr. Hecht asked if they could bring up the vote again. Ms. Scanlon made a motion to reconsider wildlife habitat definition with reference to States MGL 131...40 paragraph 14; with having a definition only (unless required by counsel to have it two places). Ms. Stewart seconded. Vote was 6-0-0. The definition of a Wetland was discussed. Should the attributes be changed to 2 or more? Motion made by Ms. Scanlon to change wetland regulations. Ms. Stewart seconded. The Commission talked about accepting the States definition; and if a size should be mentioned. The concerns for isolated wetlands that are not protected by the wetland definition were talked about. It was decided that the Conservation administrator will look at what other towns have before amending the definition. Mr. Hecht talked about what he proposes regarding Variances; which is adding: C. public interest...In the case of owner occupied single or two family residences, mitigation which improves resource area quality may be considered in the public interest. Ms. Stewart made a motion to accept the above change to variances. Ms. Scanlon seconded. Vote was 6-0-0. The Fees was discussed by the Commission. The fees for the Town of Hopkinton were compared. If a flat fee should be considered for owner occupied/single family houses. Maybe having residents not pay a fee; but would still have to come before the Commission. Mr. Hecht suggested that the fees discussion gets postponed to next meeting. Ms. Stewart motioned to adjourn meeting @ 10:40 pm. Mr. Tucker seconded. Vote was 6-0.0 Respectfully Submitted, Kim Saunders Recording Secretary 4