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Home My WebLink About2012-08-07 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING AUGUST 7, 2012 Goldy, Tafoya, Schubert, Arena, Bonazoli Hechenbleikner la) Move to go into Executive Session to consider the purchase, exchange, lease or value of real property on Causeway Road; Pearl and Audubon; and the MBTA Vine Street parking lot, and that the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and to reconvene in Open Session at approximately 7:30 p.m. 4a) Move that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout Thomas Andrew Bishop. Move that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout Kyle James Krupa. Move that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout Zachary Robert Whelan. 6a) Move that the Board of Selectmen close the Warrant for the State Primary on September 6, 2012. 7a) Move that the Board of Selectmen approve the minutes of July 10, 2012 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. TOWN MANAGER'S REPORT Tuesday, August 07, 2012 Administrative matters ♦ In accordance with President Barack Obama's proclamation, Governor Deval L. Patrick has ordered that the United States flag and the Commonwealth flag be lowered to half - staff effective immediately until sunset on Friday, August 10, 2012 in honor of the victims of the violence perpetrated on August 5, 2012 in Oak Creek, WI. ♦ Volunteers still needed — one member each for the Bylaw Committee; Conservation Commission, Cultural Council, Finance Committee; Trails Committee; West Street Historic District Commission; and Zoning Board of Appeals. ♦ The Town's home rule petition regarding the water and sewer easements between Belmont Street and Ivy La. has been signed by the Governor. It does require the Town to come up with about '/2 acre of land to transfer tot the Conservation Commission to compensate to the impact of the utility easements. ♦ We have had a number of community surveys on the web site, and most will be closed to further participation the end of this week (the Sturges Park survey will be open until August 14). ♦ Old South is conducting a community wide fundraising campaign to repair and restore the steeple and bell tower. While this is on church property, it is really a community asset, and the Town would be worse off if the steeple and bell were no there. For more information and to make a donation, go to www.readinasteeple.orq ♦ Legislator's support of the Town's position on the Route 128/1 -93 interchange improvements ♦ Suit filed against ZBA for their decision on the home Depot case. ♦ Board, Committee, Commission training: Thursday - August 16th 5:30 PM to 7:30 PM - Police Community Room Saturday — August 25th 9:30 AM to 11:30 AM - Police Community Room Wednesday - August 29th 7:30 PM to 9:30 PM - Police Community Room Monday - September 10th 7:00 PM to 9:00 PM - Police Community Room Tuesday - September 18th 3:00 PM to 5:00 PM - Board of Selectmen's Room Monday - September 24th 10:00 AM to 12:00 PM - Board of Selectmen's Room Community Services ♦ Farmers Market - now open at the depot on Tuesday afternoon /evening. ♦ Retail Visioning Workshop - scheduled for September 12, from 8 to 10:30 am to offer assistance to existing businesses. o Retail Consultant Christine Moynihan has been hired to provide the service for free through a State grant awarded from the Mass. Downtown Initiative (MDI) program. o The workshop is open to all Reading businesses and will focus on how to apply "Best Practices" in the areas of marketing (including using on -line tools), storefront/signage /window design, store layout and others. 8/7/2012 1 L�71 TOWN MANAGER'S REPORT Tuesday, August 07, 2012 o Applications for Downtown Businesses to participate in one -on -one free consultations will be distributed at this meeting and will be due shortly thereafter. ♦ Vacant Properties — Working with a list of about a dozen properties to upgrade and conform to recently adopted general by -law establishing minimum maintenance standards. ♦ South Main St. Signalized Pedestrian Crossing — CPDC is Working to identify a location in collaboration with Engineering and Public Safety. ♦ MBTA Vine Street Parking Lot — Great news! We have received a license agreement from Transit Realty Associates for Reading to use the MBTA Vine Street Parking Lot (currently underutilized) and to also permit the Town to undertake needed maintenance of trees on MBTA property. Terms will need further negotiations, so a start date is unknown. Finance ♦ Library funding — draft letter for Board of Selectmen to consider re increasing $ to be released under the bond cap. Public Safety ♦ Licensing of Parking Garages — Summit Terrace — August 21 Public Works ♦ Water leak detection program complete — saving almost 11 million gallons of water a year Street Paving — next projects: • Main Street (Washington St to the Railroad Tracks), • Garrett Road • Boswell Road • Irving Street • West Street (thin overlay over water trench; Arcadia to Woburn St). Curbing /Sidewalk ♦ Haven Street — starts in 2 weeks (Contractor experiencing materials delay) ♦ 8 additional tree wells in downtown will be treated with the poured in place rubberized matting, similar to what was done as samples on the 2 tree wells at Woburn and Lowell Streets. The work will be done tomorrow. This product keeps weeds in control, and is completely porous and lets unlimited amounts of water into the root systems. Eventually (funding permitting) we would like to do this for all of the downtown trees. ♦ Mineral Street — RMLD getting access rights addressed Utilities 8/7/2012 2 N TOWN MANAGER'S REPORT Tuesday, August 07, 2012 ♦ Haverhill Street water main replacement completed; Water services being completed between Wakefield & Charles ♦ Howard Street water main — Summer to West Dates September 6, 2012 — State Primary Election September 9th — Reading Fall Street Faire 8/7/2012 3 Hechenbleikner, Peter From: Thomas Loughlin [TLoughlin @BSCGroup.com] Sent: Tuesday, August 07, 2012 1:39 PM To: Hechenbleikner, Peter Subject: Reading Conservation Commission Hello Peter, I am contacting you today to inform you that I am unable to continue to serve on the Reading Conservation Commission. Therefore effective immediately please accept my resignation from the Board. Thank you, Tom Loughlin Thomas J. Loughlin, PE Transportation Project Director BSC Group 617- 896 -4377 tloughlin @bscgroup.com http://www.bscgroup.com/ IWO NO Re: Reminder Hechenbleikner, Peter From: Gemme, Laura Sent: Tuesday, August 07, 2012 2:48 PM To: Hechenbleikner, Peter; Schena, Paula Subject: FW: Reminder FYI Town Clerk Town of Reading 16 Lowell Street Reading, MA 0 867 (P) 781-942-6647 (F) 781-942-9070 E) Igemme @ci.reading.ma.us (W) http_://_ _w_Ww._re.a_d_!_n..g_ma_...g.oy wom Hall Hour,", , vi : '? o . rs' to t` : 0 �, M. Friday - CLOSED Page 1 of 2 When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. From: Joan Marshman [mailto:jmarshman @comcast.net] Sent: Tuesday, August 07, 2012 1:35 PM To: Gemme, Laura Subject: Re: Reminder Hi Laura, I have sold my condo in Reading and will be moving to Haverhill in two weeks. I must give up my membership in the Reading Cultural Council because of that. Can this e -mail serve as a proper notification of my resignation? Please advise. Joan Marshman Joan C. Marshman 77 Ash Street Reading, MA 01867 617- 584 -8621 8/7/2012 W Deval L. Patrick Governor Timothy P. Murray Lieutenant Governor August 1, 2012 The Commonwealth of Massachusetts Executive Office of Public Safety and Security Office of Grants & Research Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Dear Chief Cormier: Ten Park Plaza, Suite 3720 Boston, Massachusetts 02116 Tel: 617- 725 -3301 Fax: 617 -725 -0260 617- 725 -0267 www.mass.gov /eopss Mary Elizabeth Heffernan Secretary Ellen J. Frank Executive Director I am writing to thank you for welcoming Dan DeMille and Cindy Campbell from the Executive Office of Public Safety and Security /Highway Safety Division (EOPSS /HSD) to the Reading Police Department on July 26, 2012 to review the documents from your grants as part of a monitoring site visit. You, Andrew Scribner - MacLean, and Derek Holmes were extraordinarily helpful and we were pleased to find that the grant paperwork from federal fiscal years 2011 and 2012 was readily available for review and complete. We were pleased to engage in a candid discussion regarding activity of your Traffic Enforcement grant, Underage Alcohol Enforcement grant, ALPR unit, and other topics. We will take your comments under advisement as we are always looking to improve our grant programs and our customer service. Thank you again for your hospitality and for the opportunity to meet with you and your staff regarding your EOPSS /HSD funded grant programs. Please do not hesitate to contact me at sheila.burgess @state.ma.us or at 617.725.3307 should you have any questions or concerns regarding the monitoring site visit. Sincerely, Sheila Burgess Director Highway Safety Division op I.Abrary Construction Project — State Funding Update June 20 11) " The ;,Vassachuselts Boartl Coininissioners announces the 2010-2011 appliCation ,rant round o 'ihe).Vassachusetts Public Library Consi.ruction I', -oorwn, 1 'un(.,Ungfior library construe ion I'vas al'ahorized h.v, Governoi- Devul Pairick and the Legislature in the General Goverianental Bonds Bill in 200& ----------- 0 January 2011 Reading Public Library 'riled a Construction Grant Application to Massachusetts Board of I-ibrary (7oniniissioners to renovate and expand the library. Total project cost is 511.7 million. June 2011 The Massachusetts Board of Library Connnissioners awarded e-rants tee eight libraries and eave them six inonths to secure local approval for matching funding and placed 1.5 libraries on at ranked wait list. Rea din- was 42 on the Wait List. a August 2012 Reading is now #1 on the Wait List. Readinas �rant award amount is $5.1. million. The Massachusetts Board of Library Commissioners request for capital funding for library construction to the Governor's Office for Administration &- Finance ff.,)r FY 1.) is $20 million. If Governor's Cit'fice for Adri-d-nistration & Finance releases $20 Milti011 for Public library construction early in FY 3, then Reading Neill receive its grant in FY13 when we sectire local, fundin- for the balance of the project. (Reading's local funding balance is approxii-nately,S7 million) If Governor's 0f ice for Administration & Finance releases on,1v $12 million for FY 13, (as they've proposed) then Reading will have to wait until F�201.4 for its grant to be awarded. Prepared by Ruth Drell for Reading.Niblic Library'frustees/Town Manager -revised 8.,`7U12 Award List (Updated Aug 2012 ru) Municipality Library Award Athol Athol Public Library $4,572,147 Everett Shute Memorial Library $2,236,491 Granby Granby Free Public Library $2,603,663 South Hadley South Hadley Public Library $4,841,312 West Springfield West Springfield Public Library $6,276,143 West Tisbury West Tisbury Free Public Library $2,982,544 Waiting List (in rank order) (Updated Aug 2012 ru) Rank Municipality Library Award 1 Reading Reading Public Library $5,105,114 2 Belmont Belmont Public Library $7,597,928 3 Edgartown Edgartown Free Public Library $5,002,139 4 Salisbury Salisbury Public Library $3,856,187 5 Framingham Framingham Public Library - McAuliffe Branch $4,186,560 6 Scituate Scituate Town Library $4,985,480 7 Shrewsbury Shrewsbury Free Public Library $7,959,989 8 Acushnet Russell Memorial Library $3,189,536 9 Webster Chester C. Corbin Public Library $5,366,489 10 Sandwich Sandwich Public Library $6,683,197 11 Woburn Woburn Public Library $9,906,275 12 Eastham Eastham Public Library $4,331,923 13 Hopkinton Hopkinton Public Library $4,533,580 14 Boston Boston Public Library - East Boston Branch $7,255,988 TOTAL $79,960,385 August 7, 2012 Senator Katherine Clark State House Boston, MA 02133 Dear Senator Clark: Town of Reading 6 Lowell Street Reading, MA 0 867 Stephen Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary John Arena James E. Bonazoli BOARD OF SELECTMEN (781) 942 -9043 FAX: (781) 942 -9071 Website: www.ci.reading.ma.us We write to ask your help on an issue of critical importance to Reading — the need for more adequate funding the Library Construction program under the bond cap. As you know, the legislature authorized a $100 million Library Construction program in 2008. Reading has applied for funding under the Library Construction program for state assistance for a $12 million dollar renovation and expansion of our library, housed in the former Highland School. The Highland School building was built in 1896, and was made into a Library in 1983. We have never before applied for or received Library Construction program funds from the state. The Reading project has been approved for construction and is on a wait list, pending release of adequate funding under the bond cap. We are led to believe that the likely amount of funds for Library Construction in 2013 under the bond cap will not be adequate to move the Reading Public Library project forward until at least 2014 (even though we are first on the wait list), and there are a number of other worthwhile Library projects in the same situation. In fact, We understand that the likely funding in FY 2013 will not be adequate to fund any additional library construction projects in 2013. For the Reading Public Library, we are on borrowed time. The core building is 116 years old. The 1983 renovation was done on a shoe- string in an era when the electric power and technology needs were far different than currently. The project as envisioned will be a gut renovation and small addition which will address all issues of space configuration, programmatic space needs for the next 20 years, utility /infrastructure needs, and the structural integrity of the building including roof, windows, brick pointing etc., giving us a building that we hope will last another 116 years as a beloved institution in our community. We understand that the legislature does not determine how much is funded in a given year under the bond cap — the Secretary of Administration and Finance makes that determination and we recognize that it is a very difficult balancing act. However, it seems that for fairly short money on an annual basis, increasing the amount released under the bond cap by $10 million to $15 million per year could have a significant positive impact on many libraries serving tens of thousands of residents in a number of communities, and putting people to work in the still hurting construction industries in the state. We appreciate anything that you can do on behalf of the Town of Reading to help get our Library project funded in this fiscal year. Thanks for your assistance and for all that you do on behalf of the Town and its residents. Sincerely, Stephen Goldy, Chairman Reading Board of Selectmen August 7, 2012 r_ Representative Bradley Jones State House Boston, MA 02133 Dear Representative Jones: Stephen Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary John Arena James E. Bonazoli BOARD OF SELECTMEN (781) 942 -9043 FAX: (781) 942 -9071 Website: www.ci.reading.ma.us We write to ask your help on an issue of critical importance to Reading — the need for more adequate funding the Library Construction program under the bond cap. As you know, the legislature authorized a $100 million Library Construction program in 2008. Reading has applied for funding under the Library Construction program for state assistance for a $12 million dollar renovation and expansion of our library, housed in the former Highland School. The Highland School building was built in 1896, and was made into a Library in 1983. We have never before applied for or received Library Construction program funds from the state. The Reading project has been approved for construction and is on a wait list, pending release of adequate funding under the bond cap. We are led to believe that the likely amount of funds for Library Construction in 2013 under the bond cap will not be adequate to move the Reading Public Library project forward until at least 2014 (even though we are first on the wait list), and there are a, number of other worthwhile Library projects in the same situation. In fact, we understand that the likely funding in FY 2013 will not be adequate to fund any additional library construction projects in 2013. For the Reading Public Library, we are on borrowed time. The core building is 116 years old. The 1983 renovation was done on a shoe - string in an era when the electric power and technology needs were far different than currently. The project as envisioned will be a gut renovation and small addition which will address all issues of space configuration, programmatic space needs for the next 20 years, utility /infrastructure needs, and the structural integrity of the building including roof, windows, brick pointing etc., giving us a building that we hope will last another 116 years as a beloved institution in our community. We understand that the legislature does not determine how much is funded in a given year under the bond cap — the Secretary of Administration and Finance makes that determination and we recognize that it is a very difficult balancing act. However, it seems that for fairly short money on an annual basis, increasing the amount released under the bond cap by $10 million to $15.million per year could have a significant positive impact on many libraries serving tens of thousands of residents in a number of -communities, and putting people to work in the still hurting construction industries in the state. We appreciate anything that you can do on behalf of the Town of Reading to help get our Library project funded in this fiscal year. Thanks for your assistance and for all that you do on behalf of the Town and its residents. Sincerely, Stephen Goldy, Chairman Reading Board of Selectmen 9 August 7, 2012 Stephen Goldy, Chairman Ben Tafoya, Vice Chairman Town of eadf Richard W. Schubert, Secretary 1 Lowell Street John Arena E James E. Bonazoli Reading, MA 01867 BOARD OF SELECTMEN (781) 942 -9043 FAX: (781) 942 -9071 Website: www.ci.reading.ma.us Representative James Dwyer State House Boston, MA 02133 Dear Representative Dwyer: We write to ask your help on an issue of critical importance to Reading — the need for more adequate funding the Library Construction program under the bond cap. As you know, the legislature authorized a $100 million Library Construction program in 2008. Reading has applied for funding under the Library Construction program for state assistance for a $12 million dollar renovation and expansion of our library, housed in the former Highland School. The Highland School building was built in 1896, and was made into a Library in 1983. We have never before applied for or received Library Construction program funds from the state. The Reading project has been approved for construction and is on a wait list, pending release of adequate funding under the bond cap. We are led to believe that the likely amount of funds for Library Construction in 2013 under the bond cap will not be adequate to move the Reading Public Library project forward until at least 2014 (even though we are first on the wait list), and there are a number of other worthwhile Library projects in the. same situation. In fact, we understand that the likely funding in FY 2013 will not be adequate to fund any additional library construction projects in 2013. For the Reading Public Library, we are on borrowed time. The core building is 116 years old. The 1983 renovation was done on a shoe - string in an era when the electric power and technology needs were far different than currently. The project as envisioned will be a gut renovation and small addition which will address all issues of space configuration, programmatic space needs for the next 20 years, utility /infrastructure needs, and the structural integrity of the building including roof, windows, brick pointing etc., giving us a building that we hope will last another 116 years as a beloved institution in our community. We understand that the legislature does not determine how much is funded in a given year under the bond cap — the Secretary of Administration and Finance makes that determination and we recognize that it is a very difficult balancing act. However, it seems that for fairly short money on an annual basis, increasing the amount released under the bond cap by $10 million to $15 million per year could have a significant positive impact on many libraries serving tens of �4 thousands of residents in a number of communities, and putting people to work in the still hurting construction industries in the state. We appreciate anything that you can do on behalf of the Town of Reading to help get our Library project funded in this fiscal year. Thanks for your assistance and for all that you do on behalf of the Town and its residents. Sincerely, Stephen Goldy, Chairman Reading Board of Selectmen LE august 3, 2012 84 Pleasant Street Reading, MA 01867 Town of Reading 16 Lowell Street Reading, MA 01867 Attn.: Peter I. Hechenbleikner, Town Manager RE: Wilson Street curb Dear Mr. Hechenbleilaler: This letter is a response t; your letter dated ; ,ly 17, 2012. The problem I brought to your attention during the phon_. call you reference i your letter is as follows: As a result of re- grading Wilson Street, ra .i water from Ide c,�u eet now flows down the east side of Wilson Street and into the property numbered 36 ilson Street. This drainage problem never existed until after the re- grading of Wilson_ treet. Rather than do a surface water study as you suggest in your letter, the predic ,_ aent (flooding) which now confronts the homeowner at 36 Wilson Street could easily be remedied by installing granite curbing on the east side of Wilson Street at 36 Wilson Street so as to divert the flow of surface water into a catch basin on Pleasant Street. Your Public Works Director may be in agreement that granite curbing would be a reasonable solution since he, in the presence of others, recently witnessed the floe of water at this location during a rain storm. In further response to yc r letter at paragraph 3, I never suggested that the yard at 36 Wilson Street (not 184 P,, ,-asant Street) was high and dry at all times. Rather, rain water would puddle in the side yard of 36 Wilson before it flowed onto Wilson Street and onto Pleasant Street. Since the resurfacing, with sufficient rain, water will flood the side yard of 36 Wilson Street. Thank you for your attenti )n to this matter. espectfully yours, r,. Peter Kramer cc: Board of Selectmen r1ri �o�� oFReq�iL Town of Reading m � 16 Lowell Street Reading, MA 01867 -2685 639'lNC0RQ04P FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 July 17, 2012 Mr. Peter Kramer 184 Pleasant Street Reauinc, MA 01867 Dear Mr. Kramer: This is to follow up on your phone call to me regarding a request for a curb or berm on Wilson Street because, you indicated, that Wilson Street was built up higher than it was previously when the road was reconstructed, and you indicated that this is causing flooding onto your property. Our engineering staff has good records of the pre- construction elevations and within three weeks (this is a heavy construction season and the employees are extremely busy getting construction projects done) the Engineering Division will get some post construction elevations done to compare the pre and post construction elevations, and will then make a determination as to how to proceed. I do note that it is clear from observation that the back yard at 184 Pleasant Street is considerably lower than the street in both its pre- construction state and post- construction state, and it is clear that the rear of the property never drained to the street. In fact, we understand that you or someone from that address asked the road contractor to give you fill for the back yard, which would indicate that there was an ongoing water issue there. In any case, once we have the information from the Engineers, .ve will snake right any impact that the reconstruction of Wilson Street may have had on your property. S cerely, eter I. chenbleikner Town Manager cc: Public Works Director Jeff Zager Town Engineer George Zambouras 9 COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH STATE PRIMARY ELECTION WARRANT MIDDLESEX, SS. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the Town of Reading who are qualified to vote in the State Primary Election to vote at Precincts 1, 2, 3, 4, 5, 6, 7, and 8 Reading Memorial High School - Hawkes Field House - Oakland Road on THURSDAY, THE SIXTH DAY OF SEPTEMBER, 2012, from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the State Primaries for the candidates of political parties for the following offices: SENATOR IN CONGRESS ............................................ ............................... FOR THIS COMMONWEALTH REPRESENTATIVE IN CONGRESS .................................................. ............................... SIXTH DISTRICT COUNCILLOR..................................................................................... ............................... SIXTH DISTRICT SENATOR IN GENERAL COURT ................................. ............................... FIFTH MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT ....... TWENTIETH AND THIRTIETH MIDDLESEX DISTRICTS CLERK OF COURTS ................................................................ ............................... MIDDLESEX DISTRICT REGISTER OF DEEDS ........................................ ............................... MIDDLESEX SOUTHERN DISTRICT SHERIFF (TO FILL VACANCY) ............................ ............................... ......................MIDDLESEX COUNTY Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 7th day of August, 2012 A true copy Attest: Laura A Gemme, Town Clerk Stephen A Goldy, Chair Ben Tafoya, Vice Chair Richard W Schubert, Secretary James E Bonazoli John J Arena BOARD OF SELECTMEN Constable OK Hechenbleikner, Peter From: Adams, Virginia Sent: Tuesday, August 07, 2012 2:35 PM To: Hechenbleikner, Peter Subject: re: Demolition Delay Bylaw Re: Demo Delay Town Manager draft July 2012 Peter, You are to be commended for pulling together a clearer and more workable version of the Demolition Delay Bylaw. The draft still needs some tweaking and I've included a few comments below. It would be useful to have time for the Commission review the draft document before it is finalized. I believe bullets need to be replaced with letters or numbers for easier referral in the final version. Below are some of my comments as an individual. Thank you again, Virginia Adams Outline of Changes — Demolition Delay Bylaw by VA 8 -7 -12 7.2.1 Purpose RHC needs to rethink intent statement 7.2.2 Definitions Deleted reference to adopt rules and regs. By including in bylaw, it alerts readers to their existence. 7.2.2.2 Demolition relates only to "total" not substantial destruction -RHC needs to rethink. 7.2.2.8 Remove "Significant" 7.2.3.1 Procedures for expanding the List of Historic Structures Constable service — is this a staff function? Commission assumes cost of legal notice of addresses. OK Notice Abutters to each property - Legal notice in paper should suffice. If 100 properties were up for consideration there could be a potential of more than 1000 abutters noticed! Use term "List Expansion Hearing" to reduce confusion with demo delay hearing. ?Nothing shall preclude the Commission from voting to add structures onto the List of Historic Structures at different meetings.? (not sure of meaning) 7.2.3.2 Owner's Appeal OK 7.2.4 Referral of Demo Applications by BI to Commission Provide packet — copy of inventory {duplication unless for new owners); bylaw; guidelines. 7.2.4.1 Completed Application 2nd bullet — Eliminate "(the inventory is an acceptable document for this purpose)" The inventory sheet would not yield any new information and duplicate RHC `s files. Also, requiring owner to post notice on building is not included — should it be in rules and regs? This serves to inform the public. Try to re- instate. 7.2.6.1. Demo Delay Imposed Demo Permit will/ may be delayed up to 6 mo. Use of "may" implies ability to release early and is preferable. 7.2.6.3 Release of Delay Include reference to all permits in place before granting demo permit. Example, if a variance is needed for reuse and not granted after a structure is demolished then it was lost unnecessarily. 7.2.6.4 APPEAL reserve comment Orel Page 1 of 3 Hechenbleikner, Peter From: Judith A. Pickett Dapickett@brackettlucas.com] Sent: Monday, August 06, 2012 2:50 PM To: Hechenbleikner, Peter Subject: RE: Demolition Delay bylaw - guidance I have reviewed the proposed bylaw and have just two cautionary cornments. -l"he is no time limitation on how long the hearing process will continue. There are time limitations on notice, mailing and publication but once the gearing opens there is no limitation on the time during which the Commission will make a decision. See 7.2.3 and 726. It is a good idea to be flexible about the time but was it the intent to be so open -ended about the hearing process? ' iy other conmient concerns the very short length of time between the notice in the newspaper concerning the hearing and then mailing a copy to property owners within 300 feet. (See 7 "` and ul bulleted item in 7.2.4.) If tt, newspaper notice is published as late as seven days prior to the hearing, the mailed notices may arrive too laic for butters to attend. Do you want: tin make a distinction between 7 days being business days and any time period in excess of 7 l usinaess days being calendar days? Brackett 6", Lucas Worc,,,ster, MA 01609 ,j From: Hechenbleikner, Peter [ mailto: phechenbleikner @ci. reading. ma. us] Sent: Thursday, August 02, 2012 11:28 AM To: 'Judith A. Pickett' Cc: Schena, Paula Subject: RE: Demolition Delay bylaw - guidance Thanks for looking at this Judy. This is a re -write to provide for a better, simpler process. It is intended to ♦ better define what the List of Historic Structures is, how it gets added to, and providing for better public process other than the "congratulations your house is listed as an historic structure and oh — by the way — it is now subject to this bylaw ". ♦ provide for an optional process of a property owner "opting out" of being on the list, requiring a unanimous vote of the Historical Commission to place a property on the list over the objection of the owner (the Board of Selectmen would decide whether or not to include this provision). ♦ designate certain responsibility to the staff (now that we know what the List is) rather than dragging the process out with the Historical Commission. ♦ Provide for an optional appeal to the Board of Selectmen if the Demolition delay is imposed (the Board of Selectmen would decide whether or not to include this provision) My question is should I look only at the model given Gary on July 24? This is a re -write of the bylaw, so I don't think that you need to pay any particular attention to the existing bylaw. 8/6/2012 0 Page 2 of 3 For instance, I note that in the proposed draft "demolition" does not include the demolition of a portion of the structure. That is intentional — total demolition only Demolition now only applies to the total destruction of the structure. (And the definition of "structure" leaves a lot to be desired. Does a structure include a garage, barn, fence, walls, bridges ?? Is it sufficient that List of Historic Structures identifies the structures subject to the bylaw ?) If you have a better (but brief) definition of structure that would be fine to suggest it. It should include things like carriage houses, garages, and in some cases even things like walls, fences, and bridges (although I think we have only one bridge and it was re -built as an historic reconstruction) Should I raise an issue with the six month delay set out in 7.2.6 or just assume that everyone agrees to that time period? (Mass Hist Comm recommends 12 months and some towns have an even longer time within their bylaw.) 6 months is a given. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Ple,,3 se note n vj Town n Hall Hours effective June 7, `'20? 0: r<i rtday, Wednesday and Thursday 11":30 a,fn 55 :3 IJ,m, Friday: L`LC)SED Phone: fax 781-942-9071 r ";re l;ifiifCt. email town man agerQci, read ing, Me, US Please let us know how we are doing - fill out our brief customer service survey at http // r.. eadingma- survev.virtualtown_hall net /survey /sid /7c8844eb1decd_098 /. From: Judith A. Pickett [ mailto :japickett @brackettlucas.com] Sent: Thursday, August 02, 2012 11:07 AM To: Hechenbleikner, Peter Subject: FW: Demolition Delay bylaw - guidance Sorry -- forgot to COPY YOU on this. I need a bit of guidance on the extent of my review. Attorney Judith Pickett Brackett & t.. ucai (t) i ,08) 799-9T19 From: Judith A. Pickett [ma i Ito: japickett @brackettlucas.com] Sent: Thursday, August 02, 2012 11:05 AM To: 'Schena, Paula' Cc: Gary Brackett (g.s.brackett@.brackettl.ucas com) Subject: Demolition Delay bylaw - guidance 8/6/2012 2� Page 3 of 3 Gary asked me to review the demolition delay draft bylaw and I need some guidance. This differs from the Reading demolition delay bylaw that I have in our Reading book of General bylaws. My question is should I look only at the model given Gary on July 24? For instance, I note that in the proposed draft "demolition" does not include the demolition of a portion of the structure. Demolition now only applies to the total destruction of the structure. (And the definition of "structure" leaves a lot to be desired. Does a structure include a garage, barn, fence, walls, bridges ?? Is it sufficient that List of Historic Structures identifies the structures subject to the bylaw ?) Should I raise an issue with the six month delay set out in 7.2.6 or just assume that everyone agrees to that time period? (Mass HistComm recommends 12 months and some towns have an even longer time within their bylaw.) Attorney Judith Pickett Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (t) (508) 799 -9739 (0 (508) 799 -9799 8/6/2012 0 7.2 Historic Demolition Delay 7.2.1 Purpose The purpose of this bylaw is to provide the Reading Historical Commission with a tool to assist the Commission in its efforts to preserve the Town's heritage and to protect historically significant structures within the Town, which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town. The intent of this bylaw is not to permanently prevent demolition, but rather to provide owners of such structures with time to consider alternatives, by encouraging owners to seek out ways to preserve, rehabilitate, or restore such structures To achieve these purposes, the Reading Historical Commission is empowered to create a List of Historic Structures, and to provide a copy of that List, as it may be updated from time to time, to the Building Inspector. With the Building Inspector, the Reading Historical Commission will implement the provisions of this bylaw with respect to the issuance of permits for demolition of structures that are included on the List of Historic Structures 7.2.2 Definitions The following terms when used in this bylaw shall have the meanings set forth below. 7.2.2.1 Commission Reading Historical Commission. 7.2.2.2 Demolition Any act of pulling down, destroying, removing or razing a structure or commencing the work of total destruction with the intent of completing the same and /or work requiring a Demolition Permit. 7.2.2.3 Demolition Application An official application form provided by the Building Inspector for an application for a Demolition Permit. 7.2.2.4 Hearing A public hearing conducted by the Commission after due public notice as provided in this bylaw. 7.2.2.5 Legal Representative A person or persons legally authorized to represent the owner of a structure that is or is proposed to be subject to this bylaw. 7.2.2.6 List The List of Historic Structures as it is constituted pursuant to this bylaw. 7.2.2.7 Owner Current owner of record of a structure that is included in or proposed to be included in the List of Historic Structures. 7.2.2.8 Premises The parcel of land upon which a demolished Significant Structure was located and all adjoining parcels of land under common ownership or control. 7.2.2.9 Structure Materials assembled at a fixed location to give support or shelter, such as a building. 7.2.3 Commission to Establish a List of Historic Structures The Commission will provide a List of Historic Structures to the Building Inspector. This List shall be updated from time to time as needed when properties are added to or subtracted from the List of Historic Structures. The List shall also be provided on the Town's web site or other electronic means of publishing information to the community. This List shall be made up of: • all structures listed on, or located within an area listed on, the National Register of Historic Places, or the Massachusetts Historical Register of Historic Places ; and • all structures included in the Town of Reading Historical and Architectural Inventory, as of September 1, 1995, maintained by the Commission; and • following the procedures included in Section 7.2.3.1 of this bylaw, all structures that have been determined from time to time by the Commission to be historically or architecturally significant. 7.2.3.1 Procedures for expanding the List of Historic Structures In considering additional structures to be included on the List of Historic Structures, pursuant to section 7.2.3, the following process shall be followed: • The Commission shall prepare, or cause to be prepared, an inventory form for each structure considered for addition to the List of Historic Structures. The inventory form for each property shall be prepared using a standard form provided by the Massachusetts Historical Commission. The criteria to be used for consideration for inclusion on the List of Historic Structures will include: • The structure is determined to be importantly associated with one or more historic persons or events, or • The structure is determined to be associated with the broad architectural, cultural, economic or social history of the Town or Commonwealth, or • The structure is believed to be historically or architecturally significant in terms of: • Period, • Style, • Method of building construction, • Association with a significant architect, builder or resident either by itself or as part of a group of buildings; • The Commission will inform by regular US mail each property owner whose structure is being considered for preparation of an inventory form • The owner of each structure for which an inventory form has been prepared shall be sent a notice of a public hearing at least 30 days in advance of the hearing. The notice shall be sent by Certified Mail — return receipt requested — or by service by a Constable. The notice shall include the following information: • that the structure that they own is being considered for inclusion on the List of Historic Structures, • a copy of the inventory form for the structure, • a statement as to the criteria considered in including additional structures on the List of Historic Structures, and • a copy of this bylaw. In addition to the notice of the hearing delivered to each owner, legal notice of the hearing including the street address of all structures proposed to be added to the List of Historic Structures shall be published at the Commission's expense at least 14 days in advance of the hearing in a newspaper of general circulation in the community. Additionally, at least 7 days prior to the hearing a copy of the newspaper notice will be mailed by regular U.S. mail to all property owners within 300 feet of each property containing a structure to be considered for inclusion on the List of Historic Structures At the hearing, the Commission will hear comment from all owners and abutters who wish to be heard, and following the close of the hearing the Commission will make a determination as to which of the structures proposed for inclusion on the List of Historic Structures shall be voted onto that List. The decision as to what properties to include shall be made by the Commission, with the inclusion of a property on the List of Historic Structures requiring the affirmative vote of at least 4 members of the Commission. The vote shall be taken at a public meeting, and the vote may be made either the same day as the close of the hearing, or at a later meeting of the Commission. If at a later meeting, the Commission shall inform each owner either upon closing the hearing or by regular US mail at least 3 days in advance of a public meeting, of the date of the meeting at which the matter is to be further discussed. Nothing shall preclude the Commission from voting to add structures onto the List of Historic Structures at different meetings. 1 7.2.3.2 Owner's Appeal of addition of a structure to the List of Historic Structures An owner, at the public hearing at which additions to the List of Historic Structures are to be considered, may object to inclusion of their structure onto the List of Historic Structures. At the hearing or such later date as agreed by the Commission, the owner shall submit information or documentation in support of their objection. The Commission may consider their objection at the hearing and /or subsequent public meetings, and the Commission shall not vote to include the structure in question onto the List of Historic Structures until all information supplied by the owner can be fully considered by the Commission. In considering whether to finally vote to include a structure on the List of Historic Structures the Commission will consider the information provided by the owner, and particularly how the structure meets the criteria established in 7.2.3.1. In addition to those criteria, the Commission will consider the uniqueness of the structure, quality of the materials remaining on the inside and outside of the structure, and financial or other hardship that might be created to the owner by inclusion of the structure onto the List of Historic Structures. A structure whose owner objects may only be included on the List of Historic Structures if all 5 members of the Commission vote to do so. 7.2.4 Referral of Demolition Applications of structures on the List of Historic Structures by the Building Inspector to the Commission Upon the receipt of a completed Demolition Application for a structure on the List of Historical Structures, the Building Inspector shall • As soon as possible but not later than 30 days from the submission of a complete Demolition Application, notify the owner that the structure they want to demolish is on the List of Historic Structures, and therefore subject to this bylaw. • Provide the owner with a packet to apply to the Commission for demolition approval, along with a copy of the inventory of their structure, a copy of this bylaw, and a copy of any guidelines that the Commission has adopted regarding the demolition delay process. • Inform the Chairman of the Commission of a pending application under this bylaw. • Obtain an abutters list, at the expense of the owner, of all properties within 300 feet. • Upon receipt of a completed application for Commission demolition approval, determine the completeness of the application. • Notify the Chairman of the Commission who will provide the Building Inspector with alternative dates for a public hearing not sooner than e °9 days nor more than 24 30 days from the determination that the application to the Commission is complete • Arrange for the publication of a legal notice of the hearing, at the owner's expense, in a newspaper of general circulation in the community including the street address of all structures proposed to be demolished. The notice shall be published not later than V141 days prior to the hearing. • Arrange for a mailing inot inter than 7 days prior to the hearing, at the owner's expense, of a copy of the newspaper notice to all property owners within 300 feet of the property containing a structure to be considered for demolition. • Immediately forward a copy of the application to each of the members of the Commission. 7.2.4.1 Completed Application The Owner shall be responsible for submitting seven sets of the following information as a completed application prior to the scheduling of the public hearing: • Completed application form (if any) 0 • Description of the structure to be demolished (the inventory is an acceptable document for this purpose); • A demolition plan • Assessor's map or plot plan showing the location of the structure to be demolished on its property with reference to the neighboring properties; • Photographs of all facade elevations; • Statement of reasons for the proposed demolition and data supporting said reasons; • Description of the proposed reuse of the premises on which the structure to be demolished is located. • If applicable, the name and contact information of the Legal Representative; 7.2.5 Public Hearing The Commission will hold a hearing to allow all interested parties to voice their opinions and to present pertinent information concerning the structure, as well as its value and importance to the neighborhood and the Town. The Owner or the Legal Representative will present the requested demolition plan and supporting documentation. The public may present their opinions and additional relevant information. After the presentation and the public comments, the Commission will make one of two decisions: • The presented information is insufficient for the Commission to make a final determination on requested demolition of the Structure. Therefore, the Commission may continue the hearin . A continued hearing shall be not later than 21 days from the initial hearing and tt o 1�e rl, r =13a11 be closed within 30 days of the initial hearing-1 • The presented information is sufficient to make a final determination on the requested demolition of the Structure. Therefore, the Commission shall close the hearing. 7.2.6 Determination of whether the Demolition Delay is imposed Once the Hearing is closed, a motion shall be made to determine if the loss of the structure would be detrimental to the Town: • An affirmative vote by 4 members of the Commission will declare that the structure is protected by this Bylaw, and therefore, a demolition delay of up to six (6) months is imposed beginning the date of the vote. • A negative vote by the Commission (affirmative vote of less than 4 members of the Commission) will declare that the structure is not protected by this Bylaw, and the Building Inspector may issue a permit to demolish the structure. The Commission will notify the Building Inspector within seven (7) days of the Commission's decision. If the notice is not received within the expiration of seven (7) days of the close of the hearing, the Building Inspector may act on the Demolition Permit Application with no further restrictions of this bylaw. 7.2.6.1 Demolition Delay imposed The Commission shall advise the Owner and the Building Inspector of the determination that the Demolition Permit will be delayed up to six (6) months. During this time, alternatives to demolition shall be considered. The Commission shall offer to the Owner information about options other than demolition, including but not limited to resources in the preservation field, the Massachusetts Historical Commission, the Town Planner, and other interested parties that might provide assistance in preservation or adaptive reuse. 7.2.6.2 Responsibilities of Owner if Demolition Delay is imposed The Owner shall be responsible for participating in the investigation of options to demolition by: • Actively pursuing alternatives with the Commission and any interested parties; • providing any necessary information; • allowing reasonable access to the property; and • by securing the premises. 7.2.6.3 Release of Delay 01 Notwithstanding the preceding section of this bylaw, the Building Inspector may issue a Demolition Permit at any time after receipt of written notice from the Commission to the effect that the Commission is satisfied that one of the following conditions has been met: • There is no reasonable likelihood that either the Owner or some other person or group is willing to purchase, preserve, rehabilitate or restore the structure; • The Owner, during the delay period, has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the structure, and that such efforts have been unsuccessful; • The Owner has agreed in writing to accept a demolition permit on specified conditions, including mitigation measures approved by the Commission; or • A period of six (6) months has elapsed since the conclusion of the Hearing and provided. 7.2.6.4 Appeal of the imposition of Demolition Delay The owner of a structure for which the Commission has imposed a demolition delay may appeal from the imposition of the delay, and /or conditions of the imposition of the delay, by filing with both the Chairman of the Historical Commission and the Board of Selectmen a written notice of appeal within fourteen (14) days of the date of the decision of the Commission to impose the Demolition Delay. Within twenty -one (21) days of receipt of the notice of appeal, the Board of Selectman shall convene an appeal hearing which shall include the Historical Commission and the owner or the owner's Legal Representative for the purpose of adjudicating the appeal. The appeal shall review the record of the proceedings before the Commission and input provided by the owner and Commission representatives. Notice of the hearing shall be given to the parties and to abutters within 300 feet of the property. Within fourteen (14) days of the conclusion of the hearing, the Board of Selectmen will render a decision on the appeal. 7.2.7 Emergency Demolition Nothing in this Section shall be construed to prevent the Building Inspector from ordering pursuant to M.G.L. Chapter 143 the emergency demolition of a structure included in the List of Historic Structures. Before issuing an order for an emergency demolition of such a structure, the Building Inspector shall make reasonable efforts to inform the Chairperson of the Commission of his intent to issue such an order. 7.2.8 Enforcement and Remedies In the event a structure on the List of Historic Structures is demolished in violation of this bylaw, then no building permit shall be issued for the premises for a period of two (2) years after the date of such demolition. Note — the sections in boxes are alternative language for the Board of Selectmen to consider 0 Town of Reading, Massachusetts Conservation Commission Wetlands Protection Regulations March 2010 Authorized by READING GENERAL BYLAWS - SECTION 5.7 August 2012 Deleted: Effective Date: March 22 " Deleted:0 SECTION 1 INTRODUCTION The citizens of the Town of Reading, Massachusetts, through Town Meeting action, gave the Conservation Commission power to regulate and protect wetlands and floodplains by adding Section 5.7, Wetlands Protection, to the Reading General Bylaws. This Amendment to the Town Bylaws was approved by the Massachusetts Attorney General on February 29, 1980. All filings made under the Wetlands Protection Act (Massachusetts General Laws, Chapter 131, Section 40) are also subject to the Town of Reading General Bylaws, Section 5.7. Some projects not subject to the Wetlands Protection Act may still be subject to Section 5.7. From time to time and after a public hearing, the Commission amends the Reading Wetlands Protection Regulations. Amendments are intended to formalize actions that the Commission has taken to address recurrent issues, to clarify the language used in the regulations, and to maintain consistency with changes made by the Commonwealth of Massachusetts in the Wetlands Protection Act and its accompanying regulations, Title 310, Code, Mass. Regulations, Section 10.00. The amendments are based on the current body of experience and knowledge that the Commission has accumulated in implementing both the Act and the Wetlands Protection Regulations. The amendments are also based on new scientific and regulatory literature and workshops promulgated by the Massachusetts Association of Conservation Commissions and the Massachusetts Department of Environmental Protection. The amendments are intended to further clarify and streamline the regulatory process, to be more (:: �) 6c, 1 consistent with aspects of the State regulations, and to protect specific resources in Reading that are not well addressed in the statewide wetlands protection regulations. Submission guidelines and forms are available through the office of the Conservation Commission at the Reading Town Hall. These guidelines are intended to maximize efficiency in project review, minimize post- application redesign, and minimize delay in the permitting process. The Reading Conservation Commission recognizes that environmental review is a site - specific process. The submission guidelines are therefore intended to be taken as guidelines in the broadest sense. The Commission intends that consultants have maximum flexibility in design and freedom to employ innovative techniques to minimize adverse environmental impacts. Pre - application conferences and site visits are strongly encouraged. TABLE OF CONTENTS Page Section 1 INTRODUCTION 1 -2 TABLE OF CONTENTS 3 -4 Section 2 GENERAL PROVISIONS 5 -11 A. Authority 5 B. Purpose 5 C. Jurisdiction 5 D. Filing Fees 6 -7 E. Variance from Regulations 8 F. Burden of Proof 8 G. Emergencies 9 H. Enforcement (Fine Schedule) 9 -11 Section 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS 12 -22 A. General 12 B. Banks 12 C. Fresh Water Wetlands 12 -13 D. Zone of Natural Vegetation 13 -14 E. Land Subject to Flooding 14 -15 F. Land Under Water 15 G. Riverfront Area 15 H. Public and Private Water Supply 15 I. Side Slope Grades Near Wetlands 16 J. Vernal Pools 16 -19 K. Wildlife Habitat 19 -21 L. Erosion Control 21 M. Crossing of Wetlands 21 N. Stormwater Runoff 22 O. Discharge of Runoff into Resource Areas 22 Section 4 DETERMINATION OF APPLICABILITY 23 -25 A. General 23 B. Filing Procedure 23 C. Public Meeting 23 D. Determination of Applicability 23 E. Appeal of Determination of Applicability 23 F. Work Pending Appeal 24 G. Minor Projects 24 -25 3 U c �c3 TABLE OF CONTENTS 4 S yv 6�Y Page Section 5 NOTICE OF INTENT 26 -30 A. General 26 B. Abbreviated Notices 26 -28 C. Filing Procedure 28 -29 D. Administrative Review for Completeness 29 E. Public Hearings 29 F. Decision 29 -30 Section 6 PLANS AND TECHNICAL DATA 31 -33 A. General 31 B. Minimum Requirements 31 -33 Section 7 ORDER OF CONDITIONS and ORDER OF 34 -36 RESOURCE AREA DELINEATION A. Definition 34 B. Pre - Construction Requirements 34 C. Copies 34 D. Requests for Plan Change 35 E. Extensions 35 -36 F. Appeals 36 Section 8 CERTIFICATE OF COMPLIANCE 37 -38 A. Definition 37 B. Request 37 C. Decision 37 D. Burden of Proof 38 Section 9 SECURITY 38 Section 10 CONSULTANT FEE 38 -39 Section 11 SEVERABILITY 39 Section 12 DEFINITIONS 40 -45 INDEX 46 -48 4 S yv 6�Y SECTION 2 GENERAL PROVISIONS A. Authority 1. These Regulations are promulgated under the authority of the Home Rule Amendment of Article LXXXIX (89), of the amendments of the Constitution of Massachusetts, 1966 and Section 5.7 of the General Bylaws of the Town of Reading ( "the Bylaw "), and shall be effective upon the fulfillment of all legal requirements. B. Purpose 1. These Regulations are promulgated to create uniformity of process and to clarify and define the provisions of the Town of Reading Wetlands Protection Bylaw. C. Jurisdiction AREAS SUBJECT TO PROTECTION UNDER THE BYLAW (Resource Areas): Z Consistent with 310 CMR 10.55 (2)(c)1 and 2, an ; any freshwater- wetland including marsh, meadow, bog, orswamp which_ha- s -- at least - two of the following attributes: ---- - - - -- — - - - -- — ---- --- -- 1) at least` periodically, the land sports predominantly hydrophytic vegetation; 2)the substrate in the uppermost foot is predominantly undrained hydric soill• 3) the substrate is saturated with water or covered by shallow water at some time during the growing season of each year ; any creek, river, stream, pond (including vernal pool), or lake whether permanent or intermittent; any land under water bodies; any land within one hundred feet of any of the preceding resource areas; any land subject to flooding; and any riverfront area. 2. ACTIVITIES SUBJECT TO REGULATION UNDER THE BYLAW: Any activity proposed or undertaken within an area specified above which will remove, fill, dredge or alter that area is subject to regulation under the Bylaw and requires the filing of a Notice of Intent or an Abbreviated Notice of Intent. 3. ACTIVITIES WITHIN THE BUFFER ZONE: Any activity proposed or undertaken within one hundred feet of all areas specified above except for land subject to flooding, (hereinafter called the Buffer Zone) which, in the judgment of the issuing authority, is likely to alter an area subject to protection under the Bylaw is subject to regulation and requires the filing of a Notice of Intent, or an Abbreviated Notice of Intent. 4. ACTIVITIES OUTSIDE THE BUFFER ZONE: Any activity proposed or undertaken outside the areas specified above and outside the Buffer Zone is not subject to regulation under this bylaw and does not require the filing of a Notice of intent or Abbreviated Notice of Intent unless that activity is more likely than unlikely likely to alter an area subject to protection under this bylaw. In the event that the Commission determines that such activity is more likely than unlikely'c to alter an area subject to protection under the Bylaw, it shall impose conditions on the activity or any portion thereof as it deems necessary to contribute to the protection of the interests identified in the Bylaw. Formatted: Font: Times New Formatted: Strikethrough Deleted: swamp Formatted: Font: Times New (q3 SECTION 2 GENERAL PROVISIONS D. Filing Fees 1. The local newspaper charges the applicant for publishing the legal notice of the public hearing or public meeting that is required by law for all Requests for Determination, Notices of Intent, Abbreviated Notices of Intent, Abbreviated Notices of Resource Area Delineation, and Amendments to Orders of Conditions. 2. Town projects are exempt from filing fees under these Regulations. 3. The filing fee for a Request for Determination of Applicability shall be $75 for.projects on single - family residential sites and $100 for all other projects. 4. Filing fees for Notices of Intent, Abbreviated Notices of Intent, and Abbreviated Notices of Resource Area Delineation shall be paid according to the Notice of Intent Filing Fee Schedule below. Filing fees must be submitted or the filing shall be deemed incomplete. Filing fees calculated from incorrect delineations of wetland resource areas shall be adjusted upon a determination of the correct delineation by the Commission. Where filing fees are listed for two different resource areas, and those two areas overlap on the site, only the higher of the two filing fees shall be paid. Although the Fee Schedule lists fees for alterations of specific resource areas, no such alteration shall be allowed that does not meet the performance standards in the Regulations or qualify for a variance from the performance standards. 5. The filing fee for a Request for an Extension Permit for an existing Order of Conditions shall be $25 for projects on single- family residential sites and $50 for all other projects. 6. The filing fee for a Minor Project permit under Section 4.G of these Regulations shall be $50.00. 7. The filing fee for a Request to approve a plan change as insignificant under an existing Order of Conditions shall be $25 for projects on single - family residential sites and $50 for all other projects. 8. The filing fee for a Request to Amend an existing Order of Conditions shall be $25 for projects on single - family residential sites and $100 for all other projects. 9. There is no filing fee for a Request for a Certificate of Compliance or a Partial Certificate of Compliance. 00 6 C, 6 SECTION 2 GENERAL PROVISIONS NOTICE OF INTENT FILING FEE SCHEDULE For each addition to or accessory use activity associated with an existing single- family or multi - family residential dwelling, including but not limited to driveways, sheds, swimming pools, athletic courts, additions to existing houses, grading, and landscaping - $125. $10,00, plus all applieable fees listed in lines F thfaugh K. B. For each new single - family dwelling, including associated driveway, utilities, grading, landscaping, and drainage structures - $600. $500.00, plus all applieable fees listed in lines-F through K. C. For each new multi - family dwelling - $600 for the first unit $500.00_plus $125 $44 -0:00 per unit located in any Resource Area or Buffer Zone, plus all applicable fees listed in lines F through K. D. For each subdivision roadway, or other roadway or driveway (other than for single- family dwelling), and all associated drainage structures, utilities, grading, curbing, landscaping, and other associated work exclusive of dwellings - $1000, $550.00, plus $600 per house plus all applicable fees listed in lines F through K. E. For each commercial, industrial, institutional, or other non - residential project - $1000, $700,00, plus all applicable fees listed in lines F through K. F. For boundary delineation for any Resource Area — $1.25 $444 per linear foot of Resource Area boundary, up to a maximum of $125 $111.00 for a single- family lot and $1250 $1 -110.00 for any other lot. G For temporary and/or permanent alteration of land within the Buffer Zone - ,$1.25 per square foot of Buffer Zone altered for any temporary or permanent alteration within 25 feet of a Resource Area or any permanent structure within 35 feet of a Resource Area}, O.A3 pe` square feet of Buffer Zene temperafily or permanently altered for any other- werl ...... ... ... H. For work in Floodplain - $1.25 $0768 per square foot of Floodplain temporarily or permanently altered outside of any other Resource Area and Buffer Zone. I. For Work in Vernal Pool er its R.,f r ` ene habitat - $1-1.18 $11 per square foot of Vernal Pool habitat temporarily or permanently altered and $1A+ $100 per square foot of Buffer Zone of Vernal Pool temporarily or permanently altered Formatted: No underline Deleted:; Formatted: No underline Formatted: No underline, Strikethrough Formatted: Strikethrough J. For work in Freshwater Wetland, Wet Meadow, Bog, Swamp, Marsh, Creek, River, Stream, Pond, Lake, or Land Under vv�ter body�$11 00 per square foot of Resource Area Deleted: w temporarily or permanently altered Formatted: underline K. For work in Bank - $11.00 per linear foot of Bank temporarily or permanently altered. Gc-7 SECTION 2 GENERAL PROVISIONS E. Variance from Regulations 1. The Conservation Commission may grant a variance from strict compliance with these regulations for a proposed activity when the Commission finds that: a. There are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the performance standards in these Regulations; and b. Mitigating measures are proposed that will allow the project to be conditioned so as to have no adverse impact upon the wetland values set forth in Section 5.7 of the Reading General Bylaws; and c. The variance is necessary to accommodate an overriding community, regional, state, or national public interest. In the case of owner occupied single or two family residences mitigation which improves the resource area quality, may be considered to accommodate the public interest. 2. Any request for a variance shall be submitted to the Commission in writing as part of a Notice of Intent or a Request to Amend an Order of Conditions. The applicant shall submit an analysis of alternatives explored that would allow the project to proceed in compliance with these Regulations and an explanation of why each alternative is unreasonable. The applicant shall also submit a description of the mitigating measures to be used to prevent adverse impacts upon wetland values. The applicant shall also submit evidence that an overriding public interest is associated with the project that justifies the variance. After holding a public hearing on the Notice of Intent or Request to Amend an Order of Conditions, the Commission shall issue a written decision concerning the request for a variance as part of the Commission's decision on said Notice of Intent or Request to Amend an Order of Conditions. F. Burden of Proof 1. Any person who files a Request for Determination of Applicability, Notice of Intent or Abbreviated Notice of Intent to perform any work within an area subject to protection under the Bylaw, or within the Buffer Zone, has the burden of demonstrating to the Commission that: a. The area is not significant to any of the interests identified in the Bylaw; or b. The proposed work will contribute to the protection of the interests identified in the Bylaw by complying with the performance standards listed in these regulations. (: ) �6? SECTION 2 GENERAL PROVISIONS G. Emergencies Any person requesting permission to do an emergency project shall specify why the project is necessary for the health or safety of the citizens of the Commonwealth and what agency of the Commonwealth or subdivision thereof, including the Town of Reading, is to perform the project or has ordered the project to be performed. If the project is certified to be an emergency by the Conservation Commission or its Administrator, the certification shall include a description of the work which is to be allowed and shall not include work beyond that necessary to abate the emergency. A site inspection shall be made prior to certification. 2. The time limitation for performance of emergency work shall not.exceed 30 days unless written approval of the Commission is obtained. However, if the emergency work is for Immediate Response Actions approved by the Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup, in accordance with the provisions of 310 CMR 40.0410, then the time limit shall not exceed 60 days unless written approval of the Commission is obtained. The recipient of an emergency certificate may be required by the Administrator or a member of the Commission to meet with the Commission to explain the nature and extent of the work performed and its long -term impacts upon the interests protected by Section 5.7 of the Reading General Bylaws and these Regulations. The Commission may require that the recipient of the emergency certificate, the owner of the subject property, and /or the persons responsible for the emergency shall file a Notice of Intent documenting the impacts and setting forth a proposal for restoration, mitigation, and other actions to ameliorate the impacts. H. Enforcement The Commission shall have the authority to enforce the Bylaw and these Regulations by means of violation notices, and /or enforcement orders, administrative orders, civil actions and/or criminal proceedings. The enforcing person shall mean any member of the Commission or its agent. In addition, pursuant to Reading General Bylaws Section 5.7.16: the provisions of said Bylaw and these Regulations may be enforced by noncriminal disposition (fines) in accordance with the provisions of Bylaw Section 5.11 and Massachusetts General Laws Chapter 40 Section 21D. For the purposes of such noncriminal disposition the term "enforcing person" shall mean any member of the Conservation Commission, the Conservation Administrator or his or her designee. (�Y/) 6 Cq SECTION 2 GENERAL PROVISIONS H. Enforcement, Continued 2. Any enforcing person taking cognizance of a violation of RGB Section 5.7.16 or these regulations may, as an alternative to initiating criminal proceedings, give the offender a written notice to appear before the clerk of the district court having jurisdiction thereof at any time during office hours, not later than twenty -one days after the date of such notice. Such notice shall be in triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for his required appearance. Such notice shall be signed by the enforcing person and shall be signed by the offender whenever practicable in acknowledgement that such notice has been received. 3. The Town shall fix as penalty for such a violation a specific sum of money not exceeding three hundred dollars ($300.00). The payment to said clerk of such sum shall operate as a final disposition of the case. 4. No person shall; remove, fill, dredge or alter any area subject to protection under the provisions of the Bylaw without the required authorization; or cause, suffer or allow such activity; or leave in place unauthorized fill; or otherwise fail to restore illegally altered land to its original condition; or fail to comply with an enforcement order issued pursuant to the provisions of this bylaw. 5. Each day a violation continues shall constitute a separate offense, except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original condition after giving written notification of said violation to the Conservation Commission shall not be subject to additional penalties under the Bylaw unless said person thereafter fails to comply with an enforcement order or order of conditions 6. Any person who violates any provision of said Bylaw or of these Regulations or of any condition of an order or a permit issued pursuant hereto, or who allows such violation to occur on his or her property, may be ordered to restore the property to its original condition and take other actions deemed necessary to remedy such violations, and shall, at the discretion of the enforcing person, be punished by a fine of not more than $300 for each offense. Notwithstanding the preceding sentence, failure to pay said fine within twenty -one (21) calendar days may result in criminal prosecution. 7. Citations issued by the enforcing person shall subsequently be presented to the Conservation Commission for its review. If the Commission does not take action at that time, it shall be deemed to approve of the issuance of such citation. Upon review, the Commission may, at its discretion, withdraw the citation. Notwithstanding said review, during the review the violator shall remain subject to all other provisions of this section. 10 @ �Cjo SECTION 2 GENERAL PROVISIONS H. Enforcement, Continued 8. The Town shall be the beneficiary of all fines imposed on account of the violation of said Bylaw or these Regulations, in order to help defray the expense of enforcing the same. 9. Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce said Bylaw and these Regulations. FINE SCHEDULE 1. Failure to file a Notice of Intent or Request for Determination of Applicability and to receive a valid Order of Conditions or Determination of Applicability prior to activity: $300.00 2. Failure to promptly comply with an Enforcement Order: $300.00 3. Failure to record Order of Conditions at the Registry of Deeds prior to activity: $25.00 4. Failure to notify the Commission prior to activity where a Condition of an Order of Conditions or a Request for Determination or a Minor Project permit requires such notice: $25.00 5. Failure to install and/or properly maintain erosion controls (per project): First offense: WARNING Second offense: $25.00 Third offense and each offense thereafter: $100.00 6. Failure to comply with any Condition of an Order of Conditions or Determination of Applicability or Minor Project permit $25.00 7. Failure to apply for a Certificate of Compliance in a timely manner: First offense: WARNING Second offense: $50.00 8. Conducting an activity subject to the Bylaw and Regulations after the expiration of a valid Order of Conditions or Determination of Applicability: $50.00 fines may be assessed for each violation and for each day of violation.) 11 & 6C41 SECTION 2 GENERAL PROVISIONS I. Limited Projects If a project is considered limited as specified in 310 CMR 10.53 (3) an Order of Conditions can be issued under the Reading Wetland Regulations notwithstanding the provisions of the Reading Wetland Protection Regulations if all conditions specified in 310 CMR 10.53 (3) are satisfied. J. Normal Maintenance Maintenance of existing developed or landscaped yards or structures within the buffer zone that does not result in any net loss of native vegetation or permanently alter the soil surface (other than for lanting of vegetation) is exempt from filing under the Reading Wetland Regulations Examples include but are not limited to: trimming of branches and shrubs, pruning (but not removing) trees and removal of invasive species. If ornamental shrubs located within 25 feet of a wetland are removed, they must be replaced by a similar shrub. ,SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS A. General 1. The following section is intended to notify applicants proposing work that may alter areas subject to protection under the Bylaw of what performance standards should be applied, and to identify the level of protection needed to protect the interests identified in the Bylaw. B. Banks Proposed work that may alter a bank shall not adversely affect the following: a. The stability of the bank; b. The capacity of the channel to convey water; Q. Ground water and surface water quality; d. The capacity of the bank to provide important fisheries, wildlife habitat, food, shelter, migratory, breeding, and overwintering areas; or e. The function of the bank to recharge or discharge groundwater. C. Fresh Water Wetlands Wetlands protected in Reading Because of the history,geography, geology a�ydrology of Reading some wetlands may not qualify for state protection under 310CMR 10.55 due to being isolated or disconnected from water bodies These will be protected under the local By-Law provided they are: 1. 500 or more square feet in area and 2 Meet all of the other criteria of 310 CMR 10.55 with the exception of connection to water bodies. 1. It is the Commission's policy that there shall be no net loss of fresh water wetlands, including marshes, wet meadows, bogs, and swamps. 12 Deleted: Page Break ........................ ,D bG (Z 2. Any proposed work that may alter a fresh water wetland shall not destroy or otherwise impair any portion of the area. However, the Commission may issue an Order of Conditions permitting work that results in the alteration of less than 5000 square feet of fresh water wetland, provided the following requirements are met: a. There is no reasonable alternative to a proposed crossing, utility easement, or roadway drainage structure; b. All design mitigations, including the utilization of structures such as headwalls, have been utilized to minimize the alteration of wetlands; c. A revegetation plan addressing issues of interspersion and diversity of vegetation has been submitted, describing the construction and the amount of recreated fresh water wetland necessary to compensate for that portion that is proposed to be destroyed; d. The replacement fresh water wetland area must adequately replicate the wetland functions to be lost, and shall be at a 2:1 ratio to the area lost. The replacement freshwater wetland shall have an unrestricted hydraulic connection to the same fresh water wetland, waterbody, or waterway associated with the lost area; e. The replacement area shall be located in the same general area of the fresh water wetland, water body, or reach of the waterway as the lost area; SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS C. Fresh Water Wetlands, Continued 2.f. All surface vegetation and contours of the replacement area shall be substantially restored within two growing seasons; and g. Excavation and soil preparation preparation timing of the replacement area shall be specified as needed in the Order of Conditions. the area te be destfeyed, except for the purpose ef replaeement in an area being destroyed inte the replaeement area, said transfer shall immediately NI&A, exea�vati and soil pr-epafatien in the replaeement area. Where soils and vegetation are te b imported ffem sour-ees ether than the area to be destf eyed, the), shall be installed pr-opefty 3. Supporting biological data for fresh water wetland delineation shall be considered valid for a period of three years from the date of the issuance of an Order of Conditions or a Determination of Applicability. 13 9 �'Gi3 D. Zone of Natural Vegetation I. Bordering any wetland, the Commission may require a Zone of Natural Vegetation (ZNV) of sufficient width and vegetative community type to assure that silt, soil, fertilizer in solution, organic chemicals, herbicides, organic manures, oils or petroleum products which may be carried by surface run -off shall not reach that wetland, but instead will be trapped by the natural mulch, soil and roots; and that light levels and temperature shall be moderated; and that dispersal of seeds of exotic or otherwise disruptive plant species, such as phragmites reed and purple loosestrife (Lythrum salicaria) shall be avoided; and that other alterations shall be avoided or mitigated within the wetland. 2. Under most conditions, a zone width of a minimum of twenty -five feet would be considered sufficient to accomplish this purpose. A wider ZNV may be required, depending on specific site conditions, such as grades, soil permeability or other impact potential. 3. Excavations for proposed structures extend beyond the finished limits of the structures. The extent of excavation varies depending on: the nature of the structure; the soil; depth of excavation; type of equipment used; construction techniques; slope; incidence of precipitation; groundwater flow; soil saturation and freeze /thaw cycles; existing vegetative cover; or other ground cover. An area of curtilage is developed around structures as a result of access for finish work, maintenance, foot traffic, and machine travel such as lawnmowers; and to provide a clear area for security; and to prevent moisture damage and physical damage from shading and plant structures such as tree limbs. SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS D Zone of Natural Vegetation, Continued 4. To protect the integrity of the Zone of Natural Vegetation, including the associated root system and canopy, no new foundations, including footings, frost walls or other in- ground structures, shall be permitted within ten feet of the ZNV. Depending on special site conditions, a greater distance may be required. Associated structures, including but not limited to the following: cantilevered structures, bay windows, eaves, and, garrisons, or other overhangs, may protrude to no closer than seven feet from the ZNV. 5. Notwithstanding the standards of the preceding paragraph, the Commission may grant a reduced setback distance of structures from the ZNV as a consideration of specific site conditions, such as limited vegetative cover or an existing developed condition, and, provided that a permanent physical delineation, such as a solid hedge or an appropriate permanent fence or wall, of sufficient height, shall be provided and shall be maintained between the structure and the ZNV. 6. Permanent markers shall be installed and maintained in convenient locations along the limits of the ZNV, such as at any corners or along a radius, no more than fifty feet apart. Markers may be stone or concrete bounds, metal pipes or rods, trees, shrubs or other structures as approved. 14 SL Gory E. Land Subject to Flooding 1. Proposed work that may alter land subject to flooding shall not adversely affect the interests protected under the Bylaw, including the flood control capacity of said area. AlOrk FflUst be en Et single !at and may net alter mefe than 0 2. Additional alterations beyond the above threshold, or altering vernal pool habitat, may be permitted if they will have no adverse effects on important wildlife habitat, food, shelter, migratory, breeding or overwintering areas. 3. Construction of the compensatory storage area shall be completed prior to any alteration of the existing storage area. 4. Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within land subject to flooding, when in the judgement of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. Compensatory storage shall mean a volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100 - year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream, or creek. SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS E Land Subject to Flooding, Continued 5. Work within land subject to flooding, including that work required to provide the above - specified compensatory storage, shall not restrict flows so as to cause an increase in flood stage or velocity. 6. Work in those portions of land subject to flooding found to be significant to the protection of wildlife habitat shall not impair its capacity to provide important wildlife habitat functions. Except for work that would adversely affect vernal pool habitat, a project or projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important wildlife habitat functions. Additional alterations beyond the above threshold, or altering vernal pool habitat, may be permitted if they will have no adverse effect on wildlife habitat, as determined by procedures contained in 310 CMR 10.60 F. Land Under Water 1. Proposed work that may alter land under water shall not adversely affect the following: 15 53 ��IS a. Water storage or carrying capacity of the waterbody, or of the land under the waterbody; b. Groundwater or surface water quality; c. The ability to provide important fisheries and wildlife habitat, food, shelter, migratory, breeding, and overwintering areas. G. Riverfront Area Riverfront area shall be defined as in Massachusetts General Laws, Chapter 131, Section 40 and 310 CMR 10.00, as amended, except that all land within 200 feet of any stream or river that is also deemed to be a manmade canal in Reading shall be defined and protected as Riverfront Area. Proposed work in riverfront areas, including work within 200 feet of any perennial stream, river, or manmade canal, shall conform to the performance standards of 310 CMR 10.58, as amended. H. Public and Private Water Supply 1. Projects proposed in areas significant to public or private water supply shall be required to demonstrate that there will be no adverse impact on the water resources. Projects proposed for the Aquifer Protection District shall comply with the provisions of the Aquifer Protection Bylaw, Section 4.8 of the Reading Zoning Bylaws. SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS I. Side Slope Grades Near Wetlands 1. Side slopes within 100 feet of a wetland shall have a finished grade according to the following: a. No steeper than a 3:1 (horizontal: vertical) slope for grassed and mulched slopes; b Any slope steer than 3.1 (horizontal•verticle) must be an engineered design with a stamped plan. b. Ne steeper than a 2:1 (herizentahvertieal) slope for all stene rip r-apped slopes. S used fer fip fap shall be hafd, durable, angulaf in shape, fesistaiit te weather-ing, and shall be free ffafn ever-bur-den, sueh as loose shale and or-ganie material. Ne stones shall be less than 4 to 8 inehes in diameter. e. Wher-e slopes must be steeper than 2:1 (herizontal!3V,eftieal), veFtieal fetainin walls shall be used to ease the slope. The land surfaee above and bele-A, eaeh wall shall be graded and stabilized in aeeefdanee with subseetions 3.H.1 and 3. rtt eves 16 D ��c J. Vernal Pools The Town of Reading accepts and adopts the current( effective Jan 1 2012) requirements, definitions performance standards and regulatory restrictions for vernal pools as specified by the Massachusetts natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife under 310 CMR 10.00(1). All Vernal Pools currently listed as certified by Natural Heritage and those that meet the criteria as so defined are protected by the Reading local regulations. 1. Vernal pools of ponds are general!), temporary in nature, are isolated from perfriarientwate bodies, and are noted far their absenee of adult fish populations. Beeause ve�� de�void of the effeets of fish predation, bfeedi*g stf ategies ei a Humber of amphibian speeies evolved sueh that they place total r-elianee on these isolated wetlands. Are-54n the iniffiediatee vieinity of these pools also provide these speeies with irapeftant non breeding ffifietions, Stieh as feeding, shelter-, shade, leaf litter, and over wintering sites. The invertebrates that inhabit ver-nal pools provide an impoftant food setifee far various species ef birds, marnmals, and reptiles, as well as amphibians. The extrerne upper edges of the vernal-peo4epresent one of the friest eeologieally valuable portions of these habits. Shall ow water at the edge of a vernal pool is general!), the first to thaw in the spring. This provides earl , aeoess to the pool for the ear - artner than the deeper portion of a vernal pool thr-OUghoUt the spfing-.-Egg-rnasses of earl), breeding amphibians benefit frem the war 2. Pfateetien ef vernal peel habitat is essential for the continued survival of eeftainwildl speeies. Destruetion ef vernal pools and the areas in their immediate vieinity is lilcely-te4hwe signifi �ant adverse impaet on local amphibian populations for whieh the peel sen,es as bye. 17 S� 6Gr7 SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS 18 SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS T V 1 D 1 r''.,..t:tato.l a. Breeding .dolt... e. The pfesenee ef egg masses; e d. Transformingjuveniles. shall t restilt in the F 11...., :..— 19 5� 6G�q SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS 8 if the Commission d mot. inns that ., yer- ..,l pool having eha faet eristies pfeeeding subseetions 34. 1, . 34.5 proposed vvefk area, the vernal pool and the landwithin one hundred feet-&P shall be pfesumed to p .ide s nif:eant vernal peel fi� habitat net:ons This . �b t as,vefnal peel habitat. Evaluation of vemal peel habitat fianetions nefmall" ebservations during and after the springtime breeding season. it i appheants sum,ey sites for potential vernn! pool habitat and r-equest n sft f intent, A bb F d Notiee of D .. Area Delineation to postponement until springtime ver-ifleation ean be neeo K. Wildlife Habitat The Town of Reading accepts and admits the current (effective Jan 1 2012) requirements, definitions performance standards and regulatoEy restrictions for wildlife habitat as specified in the Massachusetts Wetland Regulations 310 CMR for jurisdictional wetlands under these Town of Reading Wetland Protection Regulations. i . Per-sons pr-opesing to alter- natural wetland areas suitable ferwildlife habitat shall be require to submit deoumentation desefibing the alternatives ta'altefation and to provide means of 2. Adverse eff-ects towildlife habitat shall mean the after-ation of an), habitat ehafaeter-i insefar as sueh alteration will, following two grewing seasons of projeot eempletion (ef, if a- belem a. Feed i c� Shelter d. n -eedi g . as e. Ovefwintefing rear, z. Travel eefTider-s. 20 0 �62-0 ... ","r-% MMEM -,III . PAN SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS s s L. Erosion Control 1. Disturbed soils areas near and within wetland resource areas shall be stabilized and protected from the erosive forces of wind and water. Erosion and sedimentation control devices shall be kept in functional condition until the soils are stabilized by vegetation and until removal of the devices is authorized by the Commission or its administrator. A Crossing of Wetlands 1. In addition to the provisions of Section C, proposed crossings of wetland areas shall include the following: retaining walls, embankments, or other structures shall be required, to minimize wetland alteration. 22 Deleted:.__ ................Page Break........................ c 6,7;Z." SECTION 3 PERFORMANCE STANDARDS FOR RESOURCE AREAS N. Stormwater Runoff 1. There shall be no significant change in runoff characteristics to any resource area. Any change in stormwater runoff characteristics, which may result in increased flooding off the site or degradation of water quality, must be mitigated by on -site controls. Such controls may include, but are not limited to, storm water detention facilities and stormwater retention facilities which do not alter existing wetlands. O. Discharge of Runoff into Resource Areas 1. All discharges must be appropriately treated to mitigate for turbidity, sedimentation, erosion, nutrients, water volume and rate, temperature, oil and grease, and other toxic substances. There shall be no unmitigated point source discharges directly into any resource areas or into their zones of natural vegetation (see Section D). 23 SECTION 4 DETERMINATION OF APPLICABILITY A. General 1. Any person who proposes to perform work within the Buffer Zone, or who desires a ruling as to whether or not the Bylaw applies to an area, or work to be performed on an area, shall submit to the Conservation Commission by certified mail or hand delivery a Request for Determination of Applicability. Any meeting held under the Bylaw shall be held simultaneously under the Wetlands Protection Act, M.G.L. Ch. 131, s.40, as it applies. B. Filing Procedure 1. The applicant shall obtain a certified abutters list, available from the Reading Assessors Office. The applicant shall submit stamped or properly metered (no date), legal -sized envelopes addressed with the names of all abutters, the applicants, their representatives, and all owners. 2. The applicant shall submit an original and eleven copies of the Request for Determination and of all supporting materials. 3. The applicant shall provide proof of payment for the required legal notice(s) prior to the public meeting. C. Public Meeting 1. The Commission shall hold a public meeting within twenty -one days of the submittal of a complete Request for Determination or by a later date agreed upon by the applicant. The Commission may continue the public meeting beyond the 21 days, with the consent of the applicant. D. Determination of Applicability 1. The Commission shall close the public meeting and issue its Determination within twenty -one days of the submittal of a complete Request for Determination, or by a later date agreed upon by the applicant. E. Appeal of Determination of Applicability 1. Any person may appeal a Determination to Superior Court according to the provisions of the Massachusetts General Laws, Chapter 249, Section 4. 24 6c�Y SECTION 4 DETERMINATION OF APPLICABILITY F. Work Pending Appeal 1. Upon the issuance of a Positive Determination, work may not proceed until a judicial determination has been made by a court of competent legal jurisdiction that the proposed work is not subject to the Bylaw, or until a Notice of Intent has been filed and an Order of Conditions has been received by the applicant. 2. Upon the issuance of a Negative Determination, work may not proceed for the appeal period except at the applicant's risk. G. Minor Projects 1. Some projects are simple; routine, and involve very little activity or alteration within the Buffer Zone, and no significant potential adverse impact on a resource area. For such projects, it would be unreasonable to interpret this section to require a full Determination of Applicability. To avoid unnecessary regulation and it's allied costs to the property owner, we establish a set of minor projects These require the written approval of the Conservation Administrator or other agent duly ppointed by the Commission. If a project is denied by the Administrator or other agent the decision may be appealed to the Commission. Once approved unless contested, the project is merely reported to the Commission of doubtful practical validity, the following projects subject to the following conditions shall require only the written approval of the Conservation Administrator or other agent duly appointed by the Commission. z--- ------ - --- --- - -- — - - - - - -- - -- - -- — ------------------------------------- -- ---- -------- ----- -- -- - - - --- — -- - - -- -- -- 2. Conditions: b. The limit of the resource area must be clearly evident to the Conservation Administrator. Deleted: > .. , .._ :__, validity, the A Administrator eF ethef agent duly Formatted: Strikethrough Formatted: Strikethrough - -- ----- -- - -- --- - -- --------------------- F feet -M ---- t tures afe itivelved) G..m the lifnit o f an), other r afe1 01461 9 6G2,5' d. A complete written description of all of the work and protective or mitigative measures, and an accurate sketch or plan must be submitted to the Conservation Administrator. e. All conditions applied prescribed by the strator�hall be eamplied with - must --- - - -- -- - ---- be met f. The Administrator shall provide a copy of the proposal and any conditions to the Commission at its next regular meeting. I--- ---------- - - - - -- ---- - - - - -- - ---- ----- ---------------- - - - - -- - - - - -- ------ ---- --------- ------ - - - - -- - - --- - -- --- 2.g. If the Administrator grants approval, the proponent may proceed with the project at his /her own risk pending a review by the Commission; any person may file a formal Request for Determination pursuant to the preceding Section 4.A., and the Commission's Determination shall supersede the Administrator's decision. 3. Minor Projects checklist: Projects which have met Minor Project status are listed on the Minor Projects Checklist available from the Conservation Office in Town Hall. 3. Minor Projects include: a. Installation of unpaved pedestrian walkways for private use; b. Installation of fencing or free - standing stone walls, provided that they will not constitute a barrier to wildlife movement; c. Pruning of trees and shrubs located more than 50 feet from a wetland resource area, and pruning of existing landscaped areas regardless of distance to wetlands; d. Planting of species of trees, shrubs, or groundcover native to Massachusetts, but excluding planting of turf lawns where turf lawns do not presently exist; e. Conversion of existing lawns to uses accessory to existing single family houses, provided that the activity is located more than 50 feet from wetland resource areas, such as: open slotted decks without roofs; above - ground pools; freestanding (no foundation) sheds under 15 feet by 15 feet; steps under 100 square feet; patios under 100 square feet; porches under 100 square feet on existing foundations or on concrete footings;. The conversion of such accessory uses to lawn is also allowed. f Conversion of impervious surfaces to vegetated areas in the Buffer Zone; IP Formatted: Strikethrough Formatted: Strikethrough Deleted:. Deleted: Page Break - - - -- SECTION 4 . DETERMINATION OF APPLICABILITY¶ Deleted: G. Minor Projects, Continued¶ 9 6 Gam' g. Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling, and surveying). 4. Buffer Zone projects that are not permitted by this procedure include but are not limited to the following work (note: no work in a resource area can be permitted by this procedure): a. New or increased foundations; b. Filling, grading, or machine excavation; c. Additions except as listed in subsection 2; d. Work within 100 feet of a known vernal pool; e. Wells; and f. Work within land subject to flooding, or within twenty -five feet of another resource area, or within ten feet if legally existing development exists in the location. SECTION 5 NOTICE OF INTENT A. General 1. It is recommended that all applicants confer with the Conservation Administrator prior to filing. 2. Any person who proposes to do work that will remove, fill, dredge or alter any area subject to protection under the Bylaw shall submit a Notice of Intent. a. The requirement of the Bylaw to obtain or apply for all permits, variances, and approvals required by local bylaw with respect to the proposed activity shall include only those which are obtainable at the time the Notice of Intent is filed. b. Notwithstanding the preceding paragraph, when an applicant for a Comprehensive Permit (under M.G.L. Chapter 40B, Sections 20 -23, a.k.a. Chapter 774) from a Board of Appeals has received a determination from that Board, whether to grant or deny the permit, and in the case of a denial, has appealed to the Housing Appeals Committee, said applicant shall be deemed to have obtained all local permits obtainable at that time. c. The applicant shall either obtain all permits prior to filing a Notice of Intent, or may file a Notice of Intent after the filing of application(s) for all such obtainable permits. The Notice of Intent shall then include any information submitted in connection with such other application(s) that is necessary to describe the effect of the proposed activity on the environment. 3. If the Conservation Commission rejects a Notice of Intent because of a failure to obtain or apply for all permits, variances, and approvals, it must specify in writing the permit, variance, or approval that has not been obtained or applied for. A ruling by the municipal body within whose jurisdiction the issuance of the permit, variance, or approval lies or by the Town 27 Counsel concerning the applicability of such permit, variance, or approval shall be acceptable by the Commission. 4. Notwithstanding the foregoing, when the Commission has determined that an activity outside the areas subject to protection under this bylaw and outside the Buffer Zone is likely to alter an area subject to protection under this bylaw, the Commission may require such plans, supporting calculations and other documentation as are necessary to describe the entire activity. B. Abbreviated Notices For certain purposes, other forms of Notices may be used. 1. The applicant shall have the option to file an Abbreviated Notice of Intent for proposed work only when the following criteria are met: a. The proposed work is within the Buffer Zone, or within land subject to flooding; SECTION 5 NOTICE OF INTENT B. Abbreviated Notices. Continued b. The proposed work will disturb less than one thousand square feet of surface area within the Buffer Zone and/or land subject to flooding; and c. The proposed work will not require a U.S. Army Corps of Engineers Section 10 or Section 404 permit; or a license from the Department of Environmental Protection Division of Waterways pursuant to M.G.L. Chapter 91 (Waterways License). 2. Abbreviated Notice of Intent Submittal Requirements - Abbreviated Notice of Intent Submittal Requirements -The requirements are identical to those required in 310 CMR 10.05. with the additional requirement of setback indications as specified in these Town of Reading Wetland Protection Regulations of any existing or proposed structures. The following items- 28 6G"LS' SECTION 5 NOTICE OF INTENT C. Filing Procedure A complete Notice of Intent, Abbreviated Notice of Intent, or Abbreviated Notice of Resource Area Delineation shall meet requirements identical to those required in 310 CMR 10.05. with the additional requirement of setback indications as specified in these Town of Reading Wetland Protection Regulations of any existing proposed structures; 29 Deleted: shall include: Formatted: Font: Times New Formatted: Font: Times New oman Abbfeviated Notiee of Reseur-ee Area Delineation, and aecempanying plans (see SECTION 6 PLANSAT,Q TEGI=NIGAL DATA), plus the filing f�e payable to the Town E)f Reading, (tinless exempted undef the fee schedule). These deetifnents and plans shall be sent by eeffified mail ef hand deliver-ed to the Reading Gensef-vatien Commission," 2. Stamped of F.-ped), metered (no date) legal sized envelopes addressed with the nanies and- addfesses ef the abutters as shewn in the Certified Abuaefs List available ffefn the Readiffg Assessors effiee, and all parties of legal interest, ineluding the owner-s, the applioants and thei representatives, ..hall be p ,ided to the Go 3. WeVand areas, buMr- zone, readways and building earners shall be flagged and eaeh with its ewn eelor. Colors in the field shall mateh eelers noted on the , and weth-md plan, beundaries shall be flagged , twenty f er 4. The applicant shall provide a point by peint v,wi#.en eva luation of the impaet ef the proposed pr ejmet a ,.lugs preteeted by the ],1.., These ..L., a. Drateetion of private and publ:e water supply, 1, Dreteet;.,« e f gr. and water, e. Flood eontfel-, ,J Stem~, damage p ntion , e. Dr-otee fi n of fisher -ie , SECTION 5 NOTICE OF INTENT d •T`T1WIIL1R'CiL�, U� D. Administrative Review for Completeness I . If the Administrator or a Commissioner determines that a Notice of Intent or an Abbreviated Notice of Intent or an Abbreviated Notice of Resource Area Delineation is incomplete or improper, he or she may return the entire filing, in which case all required time periods for processing the submitted Notice of Intent or Abbreviated Notice of Intent or Abbreviated Notice of Resource Area Delineation will no longer be applicable. E. Public Hearings I . A public hearing shall be held by the Conservation Commission within twenty -one days of receipt of the minimum submittal requirements for a complete filing. Notice of the time and place of the public hearing shall be given by the Commission at the expense of the applicant not less than five business days prior to such public hearing, by publication in "a local newspaper, and by mailing notices to abutters, the applicant, and the owner. [tilt, �G30 2. All hearings held under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, as it applies, may also be held simultaneously under Section 5.7 of the Reading General Bylaws. 3. After opening the public hearing, if the Commission determines that additional information is needed, the Commission may: a. Continue the public hearing, at the applicant's expense, to a future date to be specified at the hearing. All requested information shall be submitted no less than six business days prior to the date of the continuance; or b. Deny the project because the applicant failed to provide the necessary information that the Commission requested. F. Decision 1. The Commission shall issue a decision on a Notice of Intent, an Abbreviated Notice of Intent, or an Abbreviated Notice of Resource Area Delineation within 21 days of the close of the public hearing or, where Notice has also been filed under MGL Chapter 131, Section 40, within 3 business days of receipt of a written Notification of File Number from DEP, whichever comes later. ,SECTION 5 NOTICE OF INTENT Deleted: Page Break F. Decision, Continued 2. The Commission may decide to deny permission for the activity proposed under a Notice of Intent or an Abbreviated Notice of Intent in accordance with Section 5.7.8 of the Reading General Bylaws. The Commission may decide to issue an Order of Conditions permitting the proposed activity in accordance with Section 5.7.9 of the Reading General Bylaws. 3. The Commission may issue an Order of Resource Area Delineation that determines that the wetland resource area boundaries set forth in an Abbreviated Notice of Resource Area Delineation have been identified and delineated according to the definitions in Section 5.7 of the Reading General Bylaws and these Regulations, or the Commission may modify the delineation submitted." 31 10% SECTION 6 PLANS AND TECHNICAL DATA A. General 1. Plans submitted to accompany a Notice of Intent, an Abbreviated Notice of Intent, or an Abbreviated Notice of Resource Area Delineation shall include a complete description of the wetlands resource areas, the proposed activity, and the effect of the proposed activity on the resource areas and the interests protected under the Bylaw 2. All submittals shall meet plans and technical data requirements required in 310 CMR 10.05. with the additional requirement of setback indications as specified in these Town of Reading Wetland Protection Regulations of any existing or proposed structures. 32 33 (9 (0G33 34 (PC SECTION 7 - ORDER OF CONDITIONS and ORDER OF RESOURCE AREA DELINEATION A. Definition 1. An Order of Conditions is a document issued by the Conservation Commission, after receipt and review of a Notice of Intent or an Abbreviated Notice of Intent, that permits, regulates, requires, and /or prohibits activities under the Commission's jurisdiction. An Order of Conditions shall be valid for a period of three years from the date of issuance. 2. An Order of Resource Area Delineation is a document issued by the Conservation Commission, after receipt and review of an Abbreviated Notice of Resource Area Delineation, that confirms or modifies the delineation submitted. An Order of Resource Area Delineation shall be valid for a period of three years from the date of issuance. B. Pre - Construction Requirements 1. The Conservation Commission shall receive proof that the Order of Conditions has been recorded at the Middlesex South Registry of Deeds showing date and instrument number(s) and /or Certificate number(s) of the recording. 2. The applicant shall inform the Reading Conservation Commission, in writing, of the names, addresses, business and home telephone numbers of both the project supervisor who will be responsible for ensuring on -site compliance with this Order, and his/her alternate. This list will be kept current, and the Reading Conservation Commission shall he notified of all changes. 3. A pre - construction meeting shall take place between the contracting agent and the Conservation Administrator for the purpose of reviewing the requirements of the Order of Conditions and establishing a general construction schedule. 4. Proof of receipt of a DEP file number and proper registration with the Massachusetts Natural Heritage Program -- Appendix A - -(if the site of the proposed work is shown on the most recent Natural Heritage Program Map of Estimated Habitats of State - Listed Rare Wetlands Wildlife) shall be provided to the Reading Conservation Commission prior to any work subject to an Order of Conditions. C. Copies 1. A copy of the Order of Conditions shall be kept on site at all times. 35 SECTION 7 - ORDER OF CONDITIONS and ORDER OF RESOURCE AREA DELINEATION D. Requests for Plan Change 1. After the Commission has issued an Order of Conditions for a proposed activity, if changes are proposed in the activity, the applicant must notify the Commission in writing requesting approval for these changes. The applicant must submit with the request adequate site plans, calculations, data, descriptions of the proposed changes, and any other information that the Commission may require to understand the proposed changes and to make the determination. No work shall be done on the subject area until the Commission has reviewed and approved the changes. 2. The Commission shall review the proposed changes and may determine: a. That the plan change is insignificant and the Order of Conditions requires no Amendment; or b. That the plan change is significant and the Order of Conditions requires an Amendment; or c. That the plan change is sufficiently different from the approved plan that a new Notice of Intent or Abbreviated Notice of Intent must be filed. 3. The applicant shall be notified of the decision of the Commission within 21 days of the receipt of the applicant's notification of the changes. 4. If the Commission decides that the plan change requires an Amendment of the Order of Conditions or a new Notice of Intent or Abbreviated Notice of Intent, a public hearing shall be held in accordance with Section 5.1) of these Regulations. If the applicant anticipates that the Commission will require an Amendment, the applicant may request that the Commission bypass the determination under Section 7.D.2 and proceed directly to the public hearing for the Amendment. If the applicant anticipates that the Commission will require a new Notice of Intent or Abbreviated Notice of Intent, the applicant may file the new Notice without first undergoing the determination process in Section 7.D.2. E. Extensions 1. The Commission may issue an Extension Permit for an Order of Conditions or an RDA Extension Pe * for a period of up to three years to an applicant who has demonstrated reasons for such a permit. The Commission may deny an Extension to a project that has not commenced within the original time limit. The applicant must apply in writing for an Extension Permit at least 30 days prior to expiration (note: application for an Extension Permit may trigger a redelineation of the wetlands. 36 SECTION 7 - ORDER OF CONDITIONS and ORDER OF RESOURCE AREA DELINEATION E. Extensions. Continued 2. For projects upon which work has not yet begun within three years of the issuance of an Order of Conditions or an Order of Resource Area Delineation, and for which an Extension Permit has been requested, the Commission may review the wetland resource area delineations before granting an Extension Permit. If the Commission finds that a delineation is no longer valid, the Commission may amend the Order of Conditions or Order of Resource Area Delineation before granting an Extension Permit, following the procedure set forth in Section 7.D. above, or may deny the Extension F. Appeals 1. Any person may appeal an Order of Conditions to Superior Court. according to the provisions of Massachusetts General Laws, Chapter 249, Section 4. ON 6 �>L3, SECTION 8 CERTIFICATE OF COMPLIANCE A. Definition 1. Certificate of Compliance shall mean a written determination made by the Conservation Commission verifying that work has been completed in accordance with an Order of Conditions. B. Request 1. Upon completion of work under an Order of Conditions, the applicant or owner shall submit a written request for a Certificate of Compliance to the Commission. The applicant or owner may request a Partial Certificate of Compliance for discrete portions of the work under the Order of Conditions. The Commission may require that a request be accompanied by: a. As -built plans (1" = 40' or V= 20' scale, corresponding to submission plans) stamped by a registered professional engineer and /or register land surveyor showing: 1) All structures, buildings, impervious surfaces, and existing grading; 2) Wetlands resource areas and mitigation areas; and 3) Any other elevations or distances the Commission may specify to ensure compliance with the Order of Conditions. b. A written statement by a registered professional civil engineer and/or other qualified professional, as may be required by the Commission, certifying compliance with the approved plans referenced above and this Order of Conditions and setting forth what deviations, if any, exist. c. Any other reports or documents related to the work that are required by the Order of Conditions. C. Decision Upon receipt of a request for Certificate of Compliance, the Commission shall make a site inspection with the applicant/owner or the representative of the applicant/owner, and shall review the materials submitted with the request. The Commission may issue the Certificate of Compliance within 21 days of the receipt of the request, or may determine that the requirements for the Certificate of Compliance have not been met and deny the request. In the case of a denial, the reasons for the denial shall be issued in writing to the applicant within 21 days of the receipt of the request. If the Order of Conditions contains conditions that continue past the completion of construction, the Certificate shall specify which conditions shall continue in effect. The applicant or owner shall record the Certificate of Compliance at the Registry of Deeds or the Land Court, as appropriate, and shall submit certification of the recording to the Commission. 38 SECTION 8 CERTIFICATE OF COMPLIANCE D. Burden of Proof 1. The applicant shall have the burden and obligation of bringing the property into compliance with the Order of Conditions. SECTION 9 SECURITY 1. A bond or other means of financial responsibility acceptable to the Commission and the Town Counsel, may be required to secure performance of work required by an Order of Conditions. It shall be held by the Town, and shall be released by the Commission only upon satisfactory completion of the work required by the Order, and the issuance of a Certificate of Compliance. 2. The amount of security shall not exceed the cost, as estimated by the Town or their agent, of the required work or of the restoration of affected lands and properties if the work is not faithfully performed as required, whichever is greater. 3. Forfeiture of such bond or security shall be recoverable at suit of the Town in Superior Court, pursuant to the provisions of the Massachusetts General Laws, Chapter 249, Section 4. SECTION 10 CONSULTANT FEE 1. The Commission may require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to make a Determination of Applicability, complete the review of a Notice of Intent or other application or request made pursuant to Reading General Bylaw Section 5.7 or these Regulations. This fee is called the Consultant Fee and shall be in the maximum amount of Twenty -Five Thousand Dollars ($25,000.00). 2. The specific consultant services may include, but are not limited to, the following: a. Resource area and wetland survey and delineation, b. Analysis of resource area and wetland values, c. Wildlife habitat evaluations, d. Hydrogeologic and drainage analysis „and e. Environmental and land use law. 39 SECTION 10 CONSULTANT FEE, Continued 3. The Commission may require the payment of the Consultant Fee at any point in its deliberations prior to a final decision. The applicant shall pay the Consultant Fee to the Town to be put into a revolving fund for consultant fees of the Commission, which may be drawn upon by the Commission for specific consultant services approved by the Commission at one of its public meetings. 4. Any unused portion of the Consultant Fee shall be returned to the applicant unless the Commission determines at a public meeting that other action is necessary. 5. Any applicant aggrieved by the imposition of, or size of, the Consultant Fee, or any act related thereto, may appeal according to the provisions of Massachusetts General Laws. 6. The minimum qualifications of any consultant selected by the Commission shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. SECTION 11 SEVERABILITY 1. The invalidity of any section of these Regulations shall not invalidate any other section or subsection, nor shall it invalidate any permit or determination that has been previously issued. 2. If any court of the Commonwealth shall invalidate any provision of the Bylaw or of these Regulations, the Commission shall promulgate additional Regulations, or present to the next Town Meeting after such invalidation, amendments to the Bylaw or Regulations which are designed to comply with any court decision invalidating such provision or Regulation. 40 @ b&qc) SECTION 12 DEFINITIONS The fellewin definitions and discussion of terms in the Massachusetts Wetlands Protection Act Regulations 310 CMR 10.00 shall apply in the interpretation and implementation of this bylaw with following exceptions : ABUTTER: any pr-eperty owner- whese property tauehes the subj eet pf epef4y. Also, any abutte te �aid abtittefs,within thf!ee hundred (300) feet ef the subjeet pfoperty, and all ether pai4i legal interest. Alse any pfopefty ewnef aefess a street ef read, rivef, stream, bfeek, er efeek G.,m the subjeet r .,art.,_ ACTIVITY! any faffn ef draining, dumping, dredging, danitning, disehafging, exeavating, filling er grading; the ereetion, reeonstmetien er expansion of any buildings ef stfuetures, the driving of utility eenduit or system, ineluding but net limited te drainage, sewage and -water systems; t AGRICULTURE: TT TURF / 310 GNI 10.04 the Wetlands nds AetRegtiWions t D 1 t' d fi 't' ALTER� to impaet any r-eseuree area by any aetivity as defined above. APPJLIGANT� an), person whe files a Request for- a Determinaien of Applieability, Notie intent, Abbr-eviated Netiee ef intent, of en whose behalf these forms afe fil BA�4� land adjaining any body of water that sef-,,es to eanfine said water, er- "Aer-ee BOG: a wetland formed where surface drainage is congested. Low oxygen levels and soil temperatures cause incomplete decomposition, resulting in the build -up of fibrous peat. Bog plant species shall include but not be limited to those listed for bogs in Massachusetts General Laws Chapter 131, Section 40. BORDEPUNG VEGETATED A TED WETT AND: A tl d that t ehes any: ereek river, r wetland f!eseuree areas. BREEDD�Q AMAS: afeas used by wildlife for- couftship, mating, nesting, er other- r-epredue aetivity, and the reaf!ing and development of yeting. BUFFER ZONE: land extending ene hundfed feet herizentally ouv�var-d ffem the betindary-ef flooding er rivefffent area. 41 Commission that eertifies thatwefk or a peitien thereof has been eempleted in ap-e-e-rdance with an Order- ef Conditions. SECTION 12 DEFINITIONS CONSERVATION COMMISSION: that body of citizens appointed pursuant to M.G.L. Ch. 40, Sec. 8C. GREEK! any sfHall stream or any intermittent tributai=y, te any bfeek, river, or DATE OF !SSUANGE: the date a doeument is . mailed, as evideneed by a postmark, er the date it is Land delivered-. DATE OF RECEIPT: the date ef delivery te an effiee, of usual plaee ef business by mail of hand delivery. D TT77711i PI A TION OF A DUT IG A BI TTY. as tewhether meeting, 1. Awritten finding by the Censetwation Commission, after a publie proposed WORK shall a the filing ef' ., Netiee of intent-, [7[ 42 up6oy2 FLOODPLAFN (See alse Land Subjeet to Flooding and Lower Floodplain): aa ar-eawhieh floods ftem a waterway or waterbedy, during any event tip to and ineluding the 4 00 year stef:ffl event. SECTION 12 DEFINITIONS HYDRIC SOIL: a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic (oxygen - lacking) conditions in the upper part of the soil. HYDROPHYTIC VEGETATION: plant life growing in water and /or saturated soil that is at least periodically deficient in oxygen. Hydrophytic plant species include but are not limited to those listed in Massachusetts General Laws Chapter 131, Section 40. 43 P �Cq3 NOTICE OF NTENT: the -ATitten netiee by any person intending te remove, fill, dredge or alter, te the SECTION 12 DEFINITIONS PERSON: an), individual, group of individuals, assoeiatien, partneFship, eerporation, business erganizatien, trust, estate, the Gernmenwealth whenever subjeet te this bylaw, or any repr-esentative, agents, er- assigns-. suff-ered by the general publie and whieh is within the seepe ef the intefests defined by the Bylaw. Said person ratist speeif�, in writing suffleient faets as te hew they may be affeete , said t or f•, to t PLANS: sueh data� maps, dfawings, ealoulations, speeifieatiens, sehedules and ether mate the Byla-w. POND: any per-manent or intefrniffent epen body of ffesh water-, eithef naturally eeeurr-ing of wastewatef! tfeatment plants shall net be eensidefed pends, ner shall swimming peels ef other fl made retention basins. PREV 'TAT ICT.l OF POLLUTION: T TTTON: th prevention ed ..t: ..F .. .,tom ..tier .• the all mot,' ........ ..........,.. and shellfish) QUORUM: • a quorum consists of four (4) members of a seven (7) member committee • RARE SPECIES: 1. Those vertebrate and invertebrate animal species officially listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 44 8 as well as those plant species listed as rare, threatened, or endangered by the Massachusetts Natural Heritage Program. I-- ---- ------- --- -------- - ---- ---- -- -------------- --- - -- -- ---- --- - ----------- - - - - -- - - - - - -- -------------- - 2. Those plant species listed as rare, threatened, or endangered by the Massachusetts Natural Heritage Program. ,SECTION 12 DEFINITIONS REN40NIE: to take away by aet er preeess, including removal of vegetatien; or to move any type F materials ,.1 ieli , .ld change the elevation, either to p :1, or permanently. RESOURCE AREA: ubjeet to proteet:en under the R,.law. RIVER: a natural course of water that has a continuous or intermittent flow and empties to any wetland, lake, pond or other river. The States definition is modified to include Canals. narVERFRONT Anon Shall be as defined : 31 n GMR 1n nn as __.__._`1_ �. SHELTER: pfateetien ffeni the - nwvr p, vuuw. o. SIGNIFIGA-�W! plays a fele in the pfevision or preteetion of an interest identified in this bylaw. STATE LISTED SPECIES: see. Rare Speeie C`TllnTif Tl A l�if A GE nn L'A ENT-iON: the pr-evention of damage eaused by .,te f•.-, ..t.. buildings; er damage eaused by fleeding, water beffie debfis, er- water bor-1 . t itt t . along 1 ydr- ,1: _edie1� > E)f the growing seasen er where run off water ffem surfaee drainage ffequently Colleets above t 0 predeminantly shrubs and trees. Swamp plant speeies shall inelade but not be limited to those listed fer swamps in Massaehusetts General Laws Chaptef 13 1, Seetion 447 m1". Deleted:. Deleted: Page Break - @ 6 �qs WATER SUPPLY: any source of water available, or potentially available, for public or private use. SECTION 12 DEFINITIONS _- Deleted: -- - - - - -- -Page Break - - - - WETLANDS: lands where the water table is usually at or near the surface, or the land is covered by shallow water. This shall include swamps, wet meadows, bogs and marshes, creeks, streams, Ponds, rivers, and lakes and bordering vegetated wetlands. Wetlands must have two or more of Deleted: one —� the following three attributes: 1. At least periodically, the land supports predominantly hydrophytic vegetation; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is saturated with water or covered by shallow water at some time during the growing season of each year- -- ----------------- ---------------------- ----- - - -_ -- _. Deleted:I WET MEADOW: an area where ground water is at the surface for a significant part of the growing season and near the surface throughout the year, and where fifty percent or more of the plant community is composed of hydrophytic vegetation. Wet meadow plant species shall include but not be limited to those listed for wet meadows in Massachusetts General Laws Chapter 131, section 40. mammals, WILDLIF& all > feptiles and amphibiaiis o domestieated WILDLIFE HABITAT: these afeas subjeet te these Regulations whieh, due to theif plant impeftant food, shelter-, migfater-y, tfavel er evef�A,intefing areas, or breeding areas fefwildli ZOT�� OF SATbq�ATION: the subsurfaee zone inwhieh all the pares between the soil partieles are filled w with waten 46 INDEX Appeal of Determination 23 Of Order of Conditions 36 Authority 5 Burden of Proof 8, 38 Certificate of Compliance 37 -38 Consultant Fee 38 -39 Definitions 40 -45 Abutter 40 Activity 40 Agriculture 40 Alter 40 Applicant 40 Bank 40 Bog 40 Bordering 40 Breeding Areas 40 Buffer Zone 40 Certificate of Compliance 40 Conservation Commission 41 Creek 41 Date of Issuance 41 Date of Receipt 41 Determination of Applicability 41 Ditch 41 Dredge 41 Erosion Control 41 Fill 41 Fisheries 41 Flood Control 41 Flooding 41 Floodplain 41 Groundwater 42 Hydric Soil 42 Hydrophitic Vegetation 42 Intermittent 42 Issuing Authority 42 Land Subject to Flooding 42 Lot 42 Lower Floodplain 42 Majority 42 47 (? &Gq7 INDEX, Continued Marsh 42 Meadow 42 Migratory Areas 42 Notice of Intent 42 Order of Conditions 43 Person 43 Person Aggrieved 43 Plans 43 Pond 43 Prevention of Pollution 43 Protection of Fisheries 43 Quorum 43 Rare Species, 43 Remove 44 Resource Area 44 River 44 Riverfront Area 44 Shelter 44 Significant 44 State Listed Species 44 Storm Damage Prevention 44 Stream 44 Swamp 44 Variance 44 Vernal Pool Habitat 44 Water Supply 44 Wet Meadow 45 Wetlands 45 Wildlife 45 Wildlife Habitat 45 Work 45 Zone of Saturation 45 Determination of Applicability 23 -25 Emergencies 9 Enforcement 9 -11 Erosion Control 21 Extensions 35 -36 Fee Schedule 6 -7 Introduction 1 -2 48 INDEX, Continued Jurisdiction 5 Minor Projects 24 -25 Notice of Intent 26 -30 Order of Conditions 34 -36 Performance Standards 12 -22 Banks 12 Biological Data 13 Buffer Zone 13 -14 Crossings of Wetlands 21 Detention/Retention Areas 22 Erosion Control 21 . Fresh Water Wetlands 12 -13 Land Subject to Flooding 14 -15 Land Under Water 15 Riverfront Area 15 Side Slopes Near Wetlands 16 Stormwater Runoff 22 Vernal Pools 16 -19 Water Supplies 15 Wildlife Habitat 19 -21 Zone of Natural Vegetation 13 -14 Plans and Technical Data 31 -33 Plan Changes 35 Public Hearing 29 Public Meeting 23 Purpose 5 Security 38 Severability 39 Variance from Regulations 8 49 b �K R 'll �•7 To: Jean Delios, Community Services Director/Town Planner Jessie Wilson, Staff Planner From: George J. Zambouras, Town Engineer CC: CPDC; Peter Hechenbleikner, Town Manager; Phil Terzis, Oaktree Development Date: August 5, 2012 Re: Oaktree - 30 Haven Revisions Materials Reviewed: Revised Site Plans — Oaktree 30 Haven, sheets C -1 to C -3 prepared by DeVellis Zrein Inc. dated May 31, 2011 with revisions to August 2, 2012 The above plans depict changes in the original design to correct for existing elevation differences discovered during construction; to eliminate the removal of trees along the northerly property line of the Brande Court Parking Lot and to confirm the materials to be utilized in sidewalk re- construction. The plan revisions successfully address the existing site conditions determined during construction and I recommend their approval. Haven Street Elevations: To address the elevation differences within Haven Street the developer will adjust curb heights and establish new pavement grades as depicted on the revised plans. These revisions will enable for proper sidewalk grading and drainage; and will establish roadway grades within Haven Street that will coincide with the final grades anticipated under the Towns future streetscape project. Brande Court Parking Lot: To address the protection of mature trees along the northerly property line of the Brande Court Parking Lot the layout has been reconfigured in a manner that maintains the original approved number of parking spaces and re- establishes a two way lane along the northerly portion of the lot. Site Materials: The sidewalk along Haven Street, along the parking lot ROW and along the rear of the building adjacent to the parking lot will be constructed of concrete sidewalk with brick banding to match the treatment installed within the Main Street project. The Haven street crosswalk will also be constructed to match the treatment installed within the Main Street project. The parking lot center banding will be constructed of stamped bituminous pavement which will provide the visual separation between the rows of parking stalls in lieu of the approved treatment to reduce long term maintenance. 0 Page 1 U° LAYOUT PN (® 30 HAVEN 30 Ha.en Street I I D eVellis Zrein Inc ping e°y' C -1 Reading, MA 01860 f 1 ev. FOR CONSTRUCTION �d s� 30 u ^ "C A, MATERIALS PLAN f7M V GtY D�� %� X02412 .1— 30 Haven Stn- DeV II Z in Inc (�. 2 Reading, MA 01886 t ; £ t Y _ L FOR CONSTRUCTION