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HomeMy WebLinkAbout2015-12-09 Conservation Commission Minutes� Orq r Town of Reading 0 �s Meeting Minutes j�o Board - Committee - Commission - Council: Conservation Commission Date: 2015 -12 -09 Building: Reading Town Hall Address: 16 Lowell Street Purpose: Public Meeting Attendees: Members - Present: Time: 7:00 PM RECEIVED n TOWN CLERK READING, MASS. 2016 FEB 24 A 81 414 1 Location: Selectmen Meeting Room Session: General Session Brian Sullivan, Chair; Rebecca Longley, Vice Chair; Annika Scanlon; Michael Flynn; Jamie Maughan; Al Couillard; Chuck Tirane, Administrator Members - Not Present: Brian Sullivan, Jamie Maughan Others Present: Others Present: Nancy Shaw Nancy Coleman Adina Weisman Frank Coleman Kristen Granara Adam Stuart Ken Kessaris Pat Shields Scott Weisel Peter Shields Mary Collins David Russell Judy Mierzkowski Ron Baker Tony Mieczkowski Gretchen Baker Desi Harries Tim Marquardt Vis Sankaran Paul Collins Prabha Sankaran Deanne Pontone Larry Potter Don Turner Rosalie Potter Marcia Turner Constance Russell Steven Donovan Eleanor Nugent Vicki Donovan Susan Fitzgerald Pat Lloyd - Open Land Trust Gina Willette Mary Donovan William Fox Donna Walsh Sean Ewald Karen McCadden Melodie Fox Brian Healey Kathleen Owen Kelly Healey Bob Owen Debbie Hames Lois Wilson Steve Erickson Debi Harries Minutes Respectfully Submitted By: Julia Rodger Topics of Discussion: APPROVED: January 13, 2016 Mr. Longley called meeting to order at 7:00 pm Page I 1 RDA 2015 -22: 27 Blueberry Lane, Caggainello This item was tabled by Mr. Sullivan since a representative of 27 Blueberry Lane was not in attendance. COC 303 Salem Street, Cumberland Farms Cumberland Farms obtained Certificate of Compliance and had it recorded at Registry of Deeds. Cumberland Farms requested bond of $20,000 be released. Mr. Maughan made Motion to release bond to Cumberland Farms since they have completed wetland restoration on their site at 303 Salem Street. Ms. Scanlon seconded. Vote 6 -0-0 CDC 270 -0616: 31 Curtis Street, O'Sullivan Board members discussed findings of site walk. Backyard was hydro- seeded, front yard had sod. Wetland markers are in place. Ms. Scanlon made Motion to issue Certificate of Compliance for 31 Curtis Street. Mr. Couillard seconded. Vote 6 -0-0 ANRDA 270- 0653: 25 Springvale Road and Randall Road, Map 10, Lot294 and 296, Map 15, Lots 5, 6, 7, B, and 9, Hall Mr. Sullivan opened the public hearing at 7:30 pm. Steven Erikson of Norse Environmental Services, representing owner, went over the site checking flags, and checking for hydric soils. Some minor adjustments to some flags have been made. He does not have problem with Commission bringing in an outside professional wetlands scientist. Ms. Longley reported on Board's site visit. Wetland line is established and there maybe a Cline in center of property and possibly a D line to right of cul de sac. Ms. Scanlon reported hummocky terrain and irregularity due to historic past practices. Trees ranged from young saplings to over 50 years old and are not hydraulically connected to stream. May not be connected to stream because of fill. Board needs to examine isolated areas for soil and vegetation as well as elevations. Norse would like survey to take place as soon as possible. Mr. Tirone requested data plots and questioned location of pine trees. This project should be referred to peer review as soon as possible. Third party wetland consultant could still take soil samples at this time of year. Mr. Tirone is to check on procurement process. Board is in agreement that the whole wetland line needs to be verified. Mr. Erikson described the process: Norse would accompany the consultant and review wetland line at same time. If agreement on flag location is reached, flags would be relocated on site and re- surveyed. JM Associates is the surveyor. Would conduct elevation survey, review of resource on site, and provide new plan. Will be checking lying areas to calculate 500 square foot area. DEP data sheets will be made available from third party consultant. Mr. Tirane suggested short meeting with one agenda item just to review consultant's bids, qualifications, and make decision on which wetland scientist to use. He has list of five potential consultants. Mr. Tirone will solicit bids and post meeting. Mr. Maughan made Motion to solicit bids from five wetland consultants to do evaluation of wetland on Randall Road. Seconded Mr. Flynn seconded. Vote 6-0-0 Mr. Sullivan explained process to public in attendance. Conservation Commission has decided to hire a third party wetland scientist to determine wetland line. They will come to next regular meeting on ]/132016 to report their findings. Board will move forward from there. Page 1 2 Public Comment followed: Steven Donovan— 36 Randall Road Concerned that Norse Environmental would beat site with consultant at time of review. Mr. Tirone explained this is common practice and the consultant works for Town of Reading not Norse Environmental. At least one member of Conservation Commission would also be present at site. Debbie Hames -25 Randall Road Wanted to confirm members of Conservation Commission would be at site at same time consultant. Paul Collins -12 Randall Road Also wanted to be sure Conservation Commission members would be present at site visits. Mr. Sullivan requested scope of work include wording that "site visits need to be conducted so that one or more Conservation Commission members are present" Frank Coleman — 26 Randall Road Questioned if wetland scientist can work without Norse being at site and asked if members of public could have access to site. Mr. Tirone indicated Norse represents owner of property and Norse has right to be on site. Members of public would need permission from owner of property to access site. The Commission will be hiring impartial third parry and Commission will have total access to site. Public may make comment regarding consultant at the time of selection but it is Conservation Commission's decision on which candidate to select. Mr. Coleman questioned difference between Norse's map and the Town Maps. Board advised that town maps are from arial photos from 2012 and are approximations. Town GIS maps include disclaimer that these maps are not to be used for an application, especially one of this magnitude. If lots need wetland lines verified, it should be done by a consultant. Gina Willette -40 Glenmere Circle. Suggested work should wait until spring. Mr. Maughan advised as long as ground is not frozen soil types can be obtained. Wetlands are determined in Reading by three factors: vegetation, soil type, and hydraulic connection to stream. This time of year consultant would rely on soil samples and hydraulic connection. Soils changes very slowly over many many seasons. There is the possibility that consultant would wait until spring but this is not likely. Bill Fox -35 Randall Road. Asked if frost would make a difference to soil testing samples. Mr. Maughan reported frost is not a problem, if there is a freeze the consultant would not be able to get down as far as necessary for sample taking. He explained that basically water comes up into soil, oxidizes and leaves a chemical trace in the soil where the water has been and that is indication of hydric soils. Mr. Fox mentioned other surveyors have been out on the site in Sept 2014 and May 2015 and from this past fall. He is requesting results from those investigations. Mr. Erickson stated it is not unusual for clients to have property lots checked for wetlands prior to buying property. That could explain why others have been at the site. Melodie Fox -35 Randall Road Asked how and where soil samples are taken if those locations are marked. She requested clarification on area in question since there seems to be a large discrepancy over wetland line. Mr. Flynn advised that log sheets from third party consultant will be requested. These logs will detail vegetation and soil tests. Ms. Fox would also like to see independent consultant to study in the spring when more of the wetland plants and habitat are present. She provided photos of wetland plants, vernal pool. Lauren Kessaris -25 Springvale Road. Asked if placement of flags is documented. Mr. Sullivan said Page 1 3 they are surveyed in Peter Shields -31 Randall Road Questions on verifying existing markers. He was advised by Board that if something unusual such as depressions or irregularities are noticed contractor is contractually obligated to report on it. Contractor is verifying points as well as making their own decision of where the wetlands are. Melodie Fox— 35 Randall Road Asked questions regarding vernal pool and upland boundary for protecting its habitat. Ms. Scanlon stated if there is a vernal pool that is not already registered with the state agency, National Heritage and Endangered Species Program, and certified, the Commission will protect an area that is not yet certified but shows evidence of being a vernal pool. Any evidence or data indicating existence of a vernal pool should be submitted to the Conservation Commission. There is a check off form on DEP site to see what makes a vernal pool a vernal pool. William Fox -35 Randall Road made request to wait until spring for wetland delineation work by wetland scientist. Mr. Erikson reported Commission has to act within twenty one days of this hearing. Then Commission has twenty -one days to make a decision. If third party consultant finds it is impossible to do work over winter and chooses to wait until spring, that is what will happen. Pat Shields -31 Randall Road Expressed concern that development could go all the way out to West Street. Mr. Sullivan reported that is beyond purview of Conservation Commission. Pat Lloyd, representative of Open Land Trust The Open Land Trust owns Parcels 11 and 12, Map 15. There is a lot of fill, some historical, some leaf clippings and yard debris. She asked if years of fill are taken into consideration in soil sample studies and that samples are started at base level. Mr. Maughan explained samples are taken from below grass /leaf layer or undergrowth to get to organic layer. Mr. Sullivan reported soil profiles are clear as to what is 811 and what is not. Can always tell if soil is fill. Mr. Maughan made Motion to continue hearing until date to beset once proposals from Independent wetland consultants have been received. Mr. Couillard seconded. Vote 6-0-0 OOC 270 -0650: 61 Whitehall Lane, Marquardt Board reviewed and signed off on Order of Conditions ORAD 270 - 0651:149 Van Norden Road, Wilson Conservation Commission received updated plan showing certified vernal pool boundary has same boundary as the wetland line flag. Board reviewed and signed off on the ORAD. ODC 270 -0652: 26 Harvard Street, Cloonan Board reviewed and signed Order of Conditions DOA 2015 -20: 28 Oak Street, Green Street Holdings, LLC Mr. Trione has not yet received the $1000.00 bond for the project. Board did not sign Determination of Applicability and will hold off until bond money is paid. Minor Project: 104 Scotland Road, lapicca - pool deck /skating rink Pool 80' from wetland, deck 75' feet from wetland. Ice rink is a temporary structure 15 -20' from wetland. In the spring he will pump water out away from wetland. Ice rink is approximately 32' x 50'. The Board is in favor of ice rink. Page 14 Administrators Report Mr. Tirone reported on finances and provided a breakdown on fees collected this year. Money raised is less than last year. Conservation fees are still funding $4,000.00 to Town of Reading for Mr. Tirone's salary. Total of WPA fees is $2,502.00 plus existing funds makes it approx $5,500.00 $1,500.00 operation expenses $300.00 for MACC Conference $600.00 dues for MACC This is the last year to get the offset. Discussed tickets and enforcement Mr. Tirone is putting Enforcement Orders on site agenda list with notes. If Board decides enforcement is in order, then it will be issued. Ms. Scanlon became aware of a parent group on facebook that was alerting others to landscaping contractors who would work cheaply but were dumping illegally in wetlands. She asked them to let the Conservation Commission know. This is not just about collecting fees, but an opportunity to provide knowledge, education, and awareness of wetlands to Reading residents. Board continued with discussion on issuing violations and the possibility of creating an Enforcement Policy. Strategic Planning Meeting Mr. Tirone would like to schedule a meeting to discuss goals, setting agendas, and have a more lengthy discussion on violations. A strategic planning meeting should be held at least once a year. Mattera Cabin would be a great place to hold it. Mr. Tirone stated that he would like to be notified via email if Board members are unable to attend meetings or site visits. Ms. Longley requested site visits take place on Monday afternoons instead of Sundays during the winter. Board discussed their schedules and availability. Board agreed on Monday site visits for the time being. Emergency Permits None Bills Approved None Minutes for Approval Mr. Maughan made Motion to accept minutes of November 18, 2015 as amended. Mr. Flynn seconded. Vote 6-0-0 Board discussed using track changes for editing draft minutes. Mr. Maughan made Motion to adjourn at 9:45 pm. Mr. Sullivan seconded. Vote 6-0-0 Ms. Scanlon shared a Public Notice she found on Tennessee Gas Pipeline coming to Massachusetts. The project is likely to go near wetlands. Permits for Town and State will be higher than normal fees because project is in wetland. The Board will review resource reports. Page 1 5