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HomeMy WebLinkAbout2014-12-17 Conservation Commission Minutes TOWN CLERI I READING, MA Reading Conservation Commission Meeting Selectmen's Room, 7:00 pm 1019 MAR -8 PM I: 34 Wednesday December 17, 2014 Members Present: Annika Scanlon,Chairman;Terry Sells, Rebecca Longley,Jamie Maughan, Charles Tirone, Administrator Members Not Present: Brian Sullivan, Alison Stager Others Present: John Halsey Will Finch Bob Takach Bill Alley George Zambouras,Town Engineer Jeff Pierce John Feudo, Recreation Department Walter Marshall Dorothy Marshall Minutes Respectfully Submitted by: Julia Rodger Ms.Scanlon called meeting to order at 7:05 pm Bills Approved Mr.Tirone reported a quarterly storm water bill received for Pearl Street in the amount of$16.51. The Board believes it may be for part of Bare Meadow. Mr. Zamborous explained it is an Enterprise bill and the amount is based on impervious area within a property. All town Departments get these bills. The Board sought advice from Mr. Halsey, Board of Selectmen on how to handle it. It seems to be a bookkeeping matter,one Town entity paying another. He suggested Conservation Board vote, approve that it be paid, and then have Mr.Tirone present it to Accounting Dept. Mr. Halsey will check out the process and let the Board know. Mr. Maughan made Motion to approve storm water bill in the amount of$16.51. Ms.Longely seconded. Vote 4A-0 Continued NO1270.0634: Sturges Park—Pine Ridge Road, Map 4,Loft 88,Town of Reading, Engineering DepdDPW Ms. Scanlon reopened Public Hearing on Sturges Park stream channel restoration. After introduction of Board Members, Mr. Zambourous gave presentation for stabilizing the bank. Originally rip-rap was proposed; Mass Commission seemed to be against this. One proposal is coni logs made out of coconut shells,which could deteriorate within 6—10 years. This area of the bank is eroded and severely undercut from years of storms. Mr. Maughan mentioned he has worked with coconut logs,they do deteriorate. If used properly they self-stabilize with growth of vegetation through the logs. foes not work well in a channel. The entire bank from the flow line up needs to be restored. Mr.Zambourous is open to suggestions/options whether it be stone,or mats. Talked to WPI. They indicated using rip-rap and partially cover with vegetation and loam. Another product open block for filling in between, interlocking stones may work, he has not looked into that enough. Mats may be difficult and may not be suitable for this area. Something is needed that is a somewhat permanent solution. Vegetation alone does not work. Town of Reading - Meeting Minutes Mr,Zambouras went over comments from DEP. They viewed historic USGS maps suggesting it is field wetland and field flood plain. DEP suggested Reading restore flood plain and wetlands. Engineering has survey from 1955,basically it is the same now. Survey from1946 shows two lower ponds in stream were shown as a marsh. In 1955 two ponds are shown;currently shows hockey rink,one pond not the other. Became town property in 1949 or 1951 and bank on playground side same elevation as other side. Actual vegetated wetland was lowered to create ponds. 1886 USGS doesn't show wetlands or brook. Engineering is only restoring the bank, nothing is being filled. Mr.Maughan asked if the pipe shown in photo sticking out into channel would be shortened. Mr.Zambouras agreed to cut drainpipe. Mr.Maughan asked about area downstream of wier there are(sort of)side wing walls directing flow of erosion. Mr.Maughan asked about bank stabilization of walls on downstream side. Engineering will stabilize this downstream side if the Board wants it. Rip-rap would be preferred and at wash out area rip-rap and grade into vegetation. It is less expensive and less intrusive than the mats. Prefers Area 1 rip-rap below water level and vegetation above water line and rip-rap for Area 2. This work will not happen until next summer. Mr.Zambouras said area can be reinvestigated also have WPI develop planting plan and come back to Conservation in1-2 months. Mr.Tirone commented on hardscape at bottom,some soil,use of cories and plantings on upper part. Mr.Tirone saw this being used 10 years ago in his town. It was planted into and it has lasted. He has concerns over using rip-rap on entire area,using combination of both should work well. Requested detailed plans for future meeting. Mr.Scanlon asked what the potential for scour is between Area 1 and Area 2 and wanted to know about flood velocities. Mr. Zambouras will prepare these calculations. Drainage area is 1/2 square mile. Everyday flows are minimal,during a storm it can move a lot of water. Ms. Scanlon would like these calculations to verify that erosion controls are going to work. Ms.Scanlon asked that 1 foot contour intervals be inserted on plan. Mr. Feudo from Recreation Department commented that the skating pond is one of the few free recreational activities in town and would very much like to see the area preserved for use by our residents. Mr.Maughan made Motion to continue hearing until January 28,2015. Ms.Longley seconded. Vote 4-0-0 RDA 14-18: 115 Forest Street,Map 39,Lot 100,Alley Presentation made by Mr.William Alley,owner. He has been a resident at 251 Charles Street for 28 years. He and his business partner buy and renovate single family homes. They bought 115 Forest Street and are planning to use original footprint for construction of new house as well as adding a deck and 2 car garage. He has been working with Jack Sullivan,Surveyor and Nancy Twomey,Architect. Project will be vertical,no desire to expand beyond footprint. Owner is not planning on any external digging. Any water issues will be dealt with internally in the basement. If any external excavation is required, Board asked him to come before Conservation again. During demolition there will be roof removal and other significant removal. Silt fence has been put up. His contractors are very careful with respect to neighbors. He will be at project often to make sure things are done right. Owner would like to start work in January. He would be willing to amend request if necessary. Mr.Tirone made had several points of clarification. If there is any work beyond the following items, Mr.Alley will have to come back before the Conservation Board. Installation of Deck Expand Garage Remove Existing Concrete Patio Enclosed Farmers Porch with 4 sonotubes Demolition of existing house Ms.Longley asked Mr.Tirone if proposed deck is considered pervious. If using open decking boards then considered pervious. There seems to be more impervious surface being proposed that being removed. Mr. Maughan would like to see some type of infiltration system for roof runoff to compensate for increased impervious surface. Ms.Scanlon reported spot elevation of wetland is at 96 feet elevation,grade around house 101 —103,so that gives 5-7 feet elevation change between ground water which is enough clearance. Mr.Maughan explained the reason this is being asked for is that water falls from deck,farmers'porch,expanded driveway,or garage. The rainwater goes into groundwater and groundwater feeds wetland. Infiltration imitates Mother Nature,stores water in ground water so it feeds wetland in dry period and keeps it healthy. He suggested owner ask Mr.Sullivan about infiltration of roof runoff. He would know what is best appropriate. Owner has concerns regarding cost of infiltration system because he is trying to make profit from this project. Mr.Maughan stated nothing seems inconsistent with Wetland Regulations. Ms.Scanlon did see an area of the plan in question—The corner of the house right at edge closest to 35'no structure. Bulkhead also looks close to 35'no structure. Owner may change this to"doghouse"style door. Back area has some lawn before it decreases to wetland. Town of Reading - Meeting Minutes Mr.Tirone commented this is an erosion control project. There will be disturbance from traffic around building. Mr.Alley commented that if this plan is not approved,he would re-apply with the intent of moving the foundation away from the 35'area Mr. Maughan would like to include standard clause in agreement there is to be no removal of healthy trees into perpetuity. Trimming branches or treated for health is ok with Conservation approval. Mr.Tirone asked if owner pitched gutter to drain into swale at 111 Forest Street,would that satisfy Mr. Maughan's infiltration request. Mr. Maughan suggested a crushed stone trench to hold in ground water rather than gutters. This should be drawn into the plans by Mr. Sullivan. Mr.Tirone asked if conditional approval as amended is possible tonight. Only new thing is whether Mr.Alley is taking roof off and going up or if he's going down to foundation and going up. Owner requested conditional approval tonight so he can get started as soon as possible. He wants to start work in January to be reading for Spring market. If his budget works out he wants to keep original foundation. Would like rough idea of date he can tell contractors they can start. Bob Takash of 111 Forest Street,a neighbor,came down tonight to see what Mr.Alley's plans were. Wanted to confirm the existing footprint is to be used. After listening to presentation he is in support of this project. This RDA to be continued until next Meeting scheduled for January 14, 2015. Board requested Mr.Alley's attendance at that meeting. Mr.Tirone highlighted additional information required by the Board before approval can be granted: Infiltration/Drainage Trench Tree Cutting only with Conservation Approval No Excavation or digging out foundation except for trench or sono tubes Materials Storage and stockpiling in front of house as far forward as possible on left to avoid contamination of wetlands More substantial erosion control than silt fence and along ditch There would be an appeal period of ten days after the next meeting before Mr.Alley could start any work. RDA 14-19: 0 Birch Meadow Drive,Map 33,Lot 58,Babe Ruth League/Halsey John Halsey gave presentation on Morton Field as representative of Babe Ruth League. The league has privately funded improvements to this field over the last ten years. The existing benches have reached the end of their use. New dugouts would complete the renovation. The plan is to have enclosed chain link,which is a safer environment for players. The project would move the dugouts further back from the field by about 6-8 feet. Old benches will be incorporated into the playing field. Bleachers will be moved 6—8 feet away from home plate. At some point the Town would have to replace the current benches and that would normally be paid for by the Town. Babe Ruth League is making a gift of this expense and went before Recreation Committee to offer the gift. The project was then presented and unanimously approved by the Board of Selectmen. Board of Selectmen deferred to Conservation Commission for wetland issues. Jeff Pierce President of Babe Ruth is also in attendance to answer any questions. Told by vendor that this is a good time of year to start project to have pad poured,piping(Structure)installed Site Visit Report given by Mr. Maughan. Site visit revealed current benches are worn out. Approximately 25-35 from stands and proposed location of dugout is intermittent stream and bank. Would like a zone of natural vegetation created 10 or so feet from bank as a natural barrier. Have Town stop cutting grass between trees and bank natural vegetation will grow. It would make sense to change orientation of pitching practice mound,which is angled a few feet from intermittent stream and to keep fewer balls from going into stream. Goal is to decrease foot traffic along the bank from balls going into stream. Structure would be closer to stream with new dugouts. Mr. Halsey reported to change angle of mound it would need to be rebuilt The balls that end up in the stream are not from the pitching practice mound,they are batted foul balls from the games. The mound slops higher in back and angles down. The existing mound has been there for many years. This is an expensive change,approximately$6,000 to$8,000. Babe Ruth has replaced these on some of the other fields. Eight years ago on Morton Field$46,000.00 was spend to regrade the entire field. Cost of new dugout plan is approximately$20,000.00. Plan is for concrete slab for base of dugouts. Word"Dugout"is misnomer,graded about 6"poured in place,slab will be above grade 2-3". Board discussed source of stream,and whether it is jurisdictional. There is room for vegetated natural area. A condition that DPW not mow to make a more rough area could be in included in Agreement. Babe Ruth has no control over DPW cutting the grass. Mr.Halsey did not feel it is right for Babe Ruth League,a non-profit entity,being asked to pay for plantings after already gifting dugouts to Morton Field. Ms.Scanlon has no issue with dugouts. The primary concerns are proximity to resource area and setting up protection zone between bank and area of play. New location of benches are closer to stream meaning more erosion around dugouts,more foot traffic closer to stream. Many projects come to Conservation that reduces natural habitat area and vegetated space. More infiltration means higher groundwater tables,more wet basements. Money spent on plantings and trees will benefit the town from a habitat perspective. Mr. Maughan mentioned that Conservation Commission asks private applicants for additional plantings when they build or encroach closer to wetland. It would be part of Conservation's typical practice. Conservation does not ask less of the Town than for private applicants. �1 Town of Reading - Meeting Minutes Mr.Halsey doesn't mind personally spending several hundred on plantings. He misunderstood,thinking it was a cost of several thousand dollars and involved another contractor. Ms.Scanlon explained process for plantings. To move forward Conservation needs plan showing what the plantings are and where they would be located. It was requested that Mr. Halsey come back to another meeting with plan. Board would discuss it and approve it. Mr.Tirone can provide listing of native plantings for area. Mr. Halsey requested conditional approval wanting ten day appeal period to start tonight. Mr.Maughan said they would issue Negative Determination contingent on receipt of approved planting plan. Mr.Halsey will submit planting plan to Conservation prior to January 1,2015 to be circulated among Board members prior to next meeting,in order to have it approved and modified on January 14, 2015. Babe Ruth League is hoping to start construction as soon as possible. This is a good time to do the work,before next baseball season begins. Mr.Tirone said building permits are being issued very quickly. Approval of construction aspect of project can be done tonight and requested planting plan be submitted by January 1,2015. Mr.Maughan made Motion to approve Negative Determination of Applicability of this RDA for Babe Ruth League with conditions discussed tonight as follows: Provision for erosion control Provision for planting an area approximately 360 square feet containing approximately 20 native species Location of plantings and species to be submitted by applicant prior to construction and subsequently approved by Conservation Commission No mowing within planting area Seconded by Mr.Selle. Vote 4-0-0 Old/New Business Citizens Open Forum—Not on Agenda Dorothy and Walter Marshall of 88 Timberneck Drive introduced themselves to the Board. They wanted to give Conservation Commission information on a Warrant Article that they are presenting at Special Town Meeting on January 5,2015. Mr.Tirone gave an overview of the situation. Timberneck Swamp is used by some hunters for bow hunting. Small portion is owned by Conservation Land creating an area of disbelief with residents that hunting could occur on conservation land. Townspeople talk about its use and about a hunter having permission to use private land in center of swamp for hunting. The Marshall's property backs up to Conservation Land. They are aware of hunter using private property. According to Town bylaw, firearms can be used on private property with owner's permission including on this private land which is within Conservation Land. Second issue is that bow hunters are hunting in the swamp itself. They and their neighbors are hearing gunshots at night believed to be hunting. Ms. Marshall collected 100 signatures to put an Article on Town Meeting. Their proposed change to general bylaw is to restrict use of firearms on private property. Anyone wanting to hunt would need written approval from Board of Selectmen. The Warrant Article was approved by Town Counsel. The Board of Selectmen does not support this Article. Mr.Tirone mentioned in the past Conservation discussed regulations and where to post"Hunting"and"No Hunting"signs. They felt it would be too confusing out in the swamp to post signs. . There are a lot of complications. Being a swamp it is not easy to determine the property boundaries. More signs may not be effective against motivated hunters who believe they have a right to hunt on certain property. Mr. Marshall asked if Police Dept patrol Conservation Land. Ms.Scanlon advised police do not unless they get a call. Police have discovered damage and unsafe structures on Conservation. Environmental Police and DCR are responsible for enforcing hunting regulations on private property and state property. Mr.Halsey,as Board of Selectmen,commented that this change to bylaw was a public safety issue and wondering why it was not brought to Public Safety. The change to bylaw makes it double illegal to a law that is already being broken. It may not remedy the problem. Ms.Scanlon thanked the Marshalls for bringing this to attention of Conservation Commission. Mr.Maughan proposed taking up hunting signage discussion for Timberneck Swamp at next meeting. Plan to work on draft signage November Town Meeting Article 7—Will Finch Mr.Finch encouraged Conservation Commission to respond to his letter. He sent letter of his own accord and did not involve Conservation,but wondering if there is anything that should be added. Mr.Maughan suggested passing resolution in support of Will's letter. Mr.Maughan made motion to issue letter to same recipients at Attorney General's Office in support of Mr.Finch's letter. Seconded by Ms.Scanlon. Vote 4-0-0. Town of Reading - Meeting Minutes Mr.Tirone to draft letter and will add to what Will's comments and will copy Board of Selectmen,Jean Delios,Attorney General's office. Memorial Park Ms.Scanlon reported that she drove by park last week,noticed Army Core of Engineers trucks and Highway Department trucks driving on field installing light pole fixtures near wetland area. Ms. Scanlon did not recall any notice before Commission. She contacted Mr. Tirone who pulled up permit from 2009 for rerouting of drainage. Light pole work did fall under the permit,there was stipulation that any excavated soil has to be segregated and place back into basin for native flora. Additional information was to be submitted before installation of lights which did not happen. John Feudo was asked to come in with update. Mr.Feudo reported he thought Recreation was all set under the prior permit. Part of problem was miscommunication;part was that John did not know to check Order of Conditions. Installed six 25'poles with 2-3 LED light fixtures on each. Lights will eventually be on timer dusk until dawn. Electrical conduits are all underground. Approved with renovation of Memorial Park. Army Core of Engineers out of Fort Devens provided free resources for installation. Mr.Zambouras reported installation first time was done without building permit. Needed 6 feet embedment instead of 5. They had to be removed and reset. Recreation will re-establish bare soil areas from tire marks. Anything that was excavated was brought off site. The only work left is to set cabinet for electrical unit and bolting into concrete. Pad is already poured. Everything was submitted at time of original filing. Everything was approved except Mr.Feudo did not know style of light poles. Ms.Scanlon asked that Conservation Commission to be notified when rest of project goes forward and to be advised when project is finished. Mr.Tirone reported Conservation does not review electrical permit. Building permit exists,applied for 5 years ago. Mistake was that they did not go back to read a permit that is five years old. Howard Street Mr.Tirone reported situation on West Street project dewatering of storm drain. Silt day lighted on Howard Street 250 feet in drainage channel. Mr.Zambouras noticed this,alerted Mr.Tirone,resident engineer put in stone checked dams in. Rocky bottom,need sediment cleaned up at other end. Sitly sediment in stream. Mr.Tirone recommends frac tank. Mr.Zambouras thought it should be fabric,no room for silt bags. Two days'work to remedy,which will probably happen after Christmas. Distance of 14 feet. Trying to determine what day fines went into pipe. Discharging on Oak Street now in a different direction. Contractor believes they can do another way instead of frac tank. FST and MWRA need to come up with a solution. Mr.Zambouras stated going forward either let it dry enough to shovel or suck it out. Ms.Scanlon requesting plan of resolution. Vacuum makes sense, not up to Town to figure out how to clean up. Mr.Tirone suggests issuing an Enforcement Order to Kelli Arco. This work is the responsibility of contractor. It had been running for 4- 5 days. Contractor needs a dewatering plan presented to Mr.Tirone at beginning of project. There was not one submitted. No more second chances-plan is required for each and every segment of the project. Ms.Scanlon agreed Enforcement Order to MWRA and Contractor is the way to proceed. Board would like a rep from contractor come to next meeting with a plan to clean this up. Mr.Maughan made Motion to issue Enforcement Order to Contractor and MWRA requiring by date certain plan of removal of sediment from intermittent stream by Howard Street and provide dewatering plan for entire project,including flushing of pipes. Include cleanout out ditch,plan of all dewatering going forward,flush pipes,and notice to Town if dewatering again. Until plan is submitted and approved,no discharge directly to catch basin or surface waters allowed. Seconded by Ms. Scanlon. Vote 4-0-0 Scotland Road Property owner bought land next to his lot from Reading Land Trust that is jurisdictional wetland. Owner's attorney told him area is not wetland. Lot filled with water and owner is pumping into storm drain. Owner was sent a letter by Town advising him that is not allowed. Mr.Zambouras stated Town typically sends letter only when damage is occurring,mostly in winter with freezing. Mr.Scanlon stated if pumping is going on it is disturbing wetland and in violation. She would like to invite resident to come in. Conservation will show them evidence of wetland and advise them what is and what is not allowed. She is concerned with owner disagreeing that property is wetland. Mr.Tirone suggests advising them that property is wetland and providing them with regulations,if they want to come in that would be fine. Pinevale Dumping,corner of Riverside and Sunnyside Mr.Tirone sent letter to Pinevale residents last Wednesday,regarding leaf pileup and suffocation to root zone. No responses yet. Sending second letter makes to reiterate their attendance at a Conservation Meeting. An Enforcement Order cannot be issued since the area is not a jurisdictional wetland. Corner of Grove Street and Strout Avenue Town of Reading - Meeting Minutes People entering compost area or Town Forest are parking on side of road and soil is being churned up by cars. Mr.Sullivan has information that this is jurisdictional wetland area. He would like to see material removed and replaced with something better to eliminate runoff into wetland. Mr.Zambouras stated Roadway Manager oversees roadway layout and changes to a side of the road parking area. Suggested contacting Board of Selectmen to address. Ms.Scanlon proposed to continue until future meeting when Mr.Sullivan would be in attendance. Administrators Report: Bus Stop Mitigation Update Mr.Tirone reported he checked out are of General Way at edge of parking lot. When Danis Property developed Market Basket entrance,an 1,000 square foot area"created"a wetland area.Aquatic Control Technology was contacted. Mike Lennon,biologist,will make proposal to remove cat tail phragmite. This takes three treatments,gets into plumes,absorbs into plant,gets into roots and kills it. This company specializes in this type of removal. Ms.Scanlon asked where nearest town property line is. Mr.Zambouras says Town may have an easement and owner would probably grant access. Mr.Tirone says we need to find access someplace within 200 feet of river front according to regulations,owner wants to turn area into a man-made meadow. Owner wants to cut down trees to create this. Batchelder Road Mr.Tirone reported he was asked by Tom Hughes asked if Conservation would accept and RDA instead of an ANRAD to establish wetland line. ANRAD requires data sheets and cost more money. RDA is easier,consists of summary report,easier and less cost, only$75. Board discussed form and work description. Conservation Board says no to filing RDA. Mr.Tirone asked if Board would perform site visit for Commission to review wetland line before it snows. This wetland boundary line is very important because of replication owner wants to do. Variance is required because location is closer than 35 feet. It is very hard for developer to get a variance for something like this. Board wait and will see what it filed and then Commission will make site visit. 17 Harold Avenue Mr.Tirone reported on Certifcate of Compliance. Stephanie Dubanowitz bought 17 Harold Avenue. Her lot has to do with 31 Harold Avenue which used to be owned by Ed Mahoney. Commission issued complete COC number but neglected to include 31 Harold Avenue, Harold Avenue Roadway, Lots after No 19,then notating those lots. Mr.Tirone prepared corrected Certificate of Compliance. Sanborn Lane Lot 2 and 3 Site Plan Changes Mr.Tirone reported insignificant minor changes to plan. Houses have been repositioned. Ms.Scanlon reported since footprints are not going to be any closer to wetland,the Board has no serious concerns regarding these changes. Lot 2 was 66'away,now 76'feet away. Lot 3 was 38'away,now 40' Mr.Maughan made motion to approve minor plan change. Ms.Longley seconded. Vote 4-0-0 Minor Project: 15 Carriage Lane 10 x 12 shed on gravel base;31 Collins Avenue,chain link fence; 68 Longfellow Road,Deck; These projects were not discussed Minutes for Approval Minutes of 11/24/2014 meeting were not approved. Postponed until next meeting. Fee Comparison This item was not discussed Approve 2015 Meeting Schedule This item was not discussed Motion made by Ms.Scanlon to adjourn at 12:03 am. Next meeting January 14,2015 at 7:00 pm