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HomeMy WebLinkAbout2016-04-27 Conservation Commission Minutese'� orayo Town of Reading Meeting Minutes RECEIVED Ab WN Ll.itK w MASS. Board - Committee - Commission - Council: �.�', ''; ?p Ci Q; 51 Conservation Commission Date: 2016 -04 -27 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: Public Meeting Session: General Session Attendees: Members - Present: Rebecca Longley, Chair; Al Couillard, Michael Flynn, Harry Curtis, Annika Scanlon, Vice Chair; Amy Scicchitani, Jamie Maughan, Chuck Tirone, Administrator Members - Not Present: Others Present: Jack Sullivan, Sullivan Engineering Group Ken Armstrong Shawn Armstrong David Wall Karen Herrick David Raucci Lisa Raucci Eric Fournier Greg Selvitelli Steve Maffeo Fang Yu Bob Takash Minutes Respectfully Submitted By: Julia Rodger Topics of Discussion: APPROVED: May 11, 2016 Ms. Longley called meeting to order at 7:00 pm RDA 2016 -7: 90 Rustic Lane, Map 46, Lot 82, Dougherty Jack Sullivan, Sullivan Engineering Group is representing owner, John Dougherty. Owner is proposing to build a 22 x 24 addition off rear of home. Original plan showed full foundation, changed to slab on grade foundation due to high water table. Existing porch roof to be removed. There are no site grading changes. Design shows water recharge, proposed soil stockpile area. Wetlands flagged by Norse Environmental which run along rear property line. No trees are to be cut, using staked hay bales and silt fencing along limit of work line for erosion control. At the last meeting Mr. Curtis had question regarding some soggy areas in back along stone wall. Commission had another site visit and took several soil augers and did not find evidence of Page 1 1 redox morphological features. There was a depression with a bit of standing water but it did not exceed the 500 sq ft regulation for isolated wetland under Town's Bylaw. Mr. Maughan made Motion to issue Negative Determination for 90 Rustic Lane. Mr. Curtis seconded. Vote 6 -0.1. Ms. Sciochitani abstained. Commission members signed RDA tonight. Conservation Regulations Mr. Maughan updated Commission on dog bylaw article before Town Meeting to change dog bylaw. Proposal for dogs to run free in Conservation land was changed to allow dogs to run free only if in compliance with Conservation Rules. (Regulations allow leashed dogs or off leash dogs under voice control of keeper on Conservation Land. Owners must clean up after their dogs) Conservation Commission has therefore regained control over Conservation land. This may have been prompted by the fact that Bare Meadow is a nesting area for the woodcock that nest on the ground. Loose dogs disturbing nests or disturbing breeding activity may have contributed to the decline of their populations. It was explained to Town Meeting that rules for Conservation Land are the authority of Conservation Commission and are promulgated in public meeting with public notice. NOI 270 -0659: 56 Cross Street, Map 12, Lot 77, Armstrong Continuation from last meeting. Commission received revised plan from applicant addressing infiltration for driveway runoff as requested. Trench just beyond deck to be wrapped in fiber material and topped with 6" of loam. Plan was changed from 2 Cultec chambers and drip trench next to driveway, to 2 trench drains, one at driveway and one at back of yard. At last meeting Commission members agreed this property is not Riverfront based on checking previous filing. Commission discussed importance of keeping gutters clear of leaves for infiltration to work effectively. Mr. Maughan requested Riverfront designation be removed from plan since plan is attached to Order of Conditions. It can be submitted next week so as not to hold up project. Mr. Maughan made Motion to issue Order of Conditions for 56 Cross Street in conformance with revised plan and application submitted. Mr. Flynn seconded. Vote 7 -0 -0. Mr. Tirone will be meeting with applicant to discuss mitigation to remove invasive species and cleanup of debris. ANRAD 270 -0658: Low Meadow off of Arcadia Avenue, Map 14, Lot 15, Haskell Commission review of new flag locations for Riverfront area At most recent site walk Mr. Tirone checked out flags for Riverfront and notified Mr. Erikson because flags seemed to be on edge of bank, probably not at mean for annual high water mark. Mr. Erikson believes they are in right spot. Meets definition of meandering stream, bank full conditions — supposed to look for changes in vegetation such as herbaceous to woody. Mr. Erikson believes flags for Riverfront are in correct spots but does not mind if Commission would like to change locations as discussed for flags 4 5 and 6. Flags would be moved just inside bordering vegetated wetland line, but not moved more than 7 feet. Change in vegetation just Page 1 2 beyond bank edge is beginning of 200 foot Riverfront designation After discussion by Commission of flag locations, Ms. Longley stated she is not comfortable with flag locations next to Lot 14. Requests Commission continue this hearing to verify Riverfront. Commission to schedule another site visit with Mr. Erikson to get site surveyed including gps locations. Hearing continued until next meeting on May 11, 2016. Public Comment: David Raucci -117 Arcadia Avenue: He reported that he located RF1 and RF2. He had a question about orange stake at top of hill. Mr. Tirone advised it was most likely a surveyor's reference point Greg Selvitelli - 25 Arnold Avenue: Requested clarification on Riverfront boundary line Ms. Longley replied Commission concurs with one jurisdictional area -the bordering vegetated wetland line based on vegetation, soil, and hydrology. The second jurisdictional area is Riverfront - measured at mean high water mark which is difficult to determine in this case. DEP has given Conservation Commission indicators on how to calculate Riverfront boundary. Commission wants these calculations to be as accurate as possible. Eric Fournier - 30 Arnold Avenue: Asked when the last time wetland was measured. Commission is not sure of last measurement or if there ever has been one for this location. Ms. Longley replied once Commission determines jurisdictional areas, and agree to the two lines, and approves it, that plan is valid for three years. Lisa Raucci —117 Arcadia Avenue: Stated that Mr. Erikson's line does not match vegetation growth. Ms. Longley stated that Commission concurs with Mr. Erikson's line for the bordering vegetated wetland. What is in question is the location of Riverfront and that is not based on vegetation. Mr. Maughan made Motion to continue hearing until next meeting on Sf11/2016 on ANRAD for Low Meadow, Map 14, Lot 15. Ms. Scanlon seconded. Vote 7 -" RDA 20169: Vegetation Management Activities along the Purple line, Map NA, Lot NA, Keolis Commuter Services Kyle Fay, represents applicant and gave presentation. They will be using Aquaneat mixture; application scheduled between 6/17 and 7/18. Notices are published in Globe and Herald. Work is done from vehicle on tracks. Chemicals used are decided by Department of Agricultural Resources. Typically there is a ten foot spray pattern on either side of center line; Keolis has reduced spray pattern to 8 foot of center line. Spraying is done annually. Maps showing various areas of sensitive applications designated by color. USGS maps overlaid with Reading wetlands map matched up. Intervals of application were decided on by DEP and DAR. Test studies will be forwarded to Mr. Tirone to establish if setbacks are adequate. Schedule for Page 13 spraying is typically between 10 pm and 6 am. Wetland scientists are on the trucks to help spot sensitive zones, and to identify drainage ditches. Mr. Flynn made Motion to issue Negative Determination for RDA 2016-9 Vegetation Management Activities. Ms. Scanlon seconded. Vote 7 -0 -0. ANRAD 270 -0660: 116 Van Norden Road, Map 39, Lot 72, Gately - Herrick Site visit with Steve Erikson, Norse Environmental; property owner, Mr. Tirone, Mr. Flynn, Ms. Longley, and Jack Sullivan, Sullivan Engineering Group. Reviewed bordering vegetated wetland and made some changes. There is a development to the west Mr. Tirone put in an orange 0 flag that connects with delineation from property next door. Site visit last week, asked that flag 23d be moved 5 ft to west. Jack Sullivan, Sullivan Engineering Group, is representing property owner. He adjusted flag five feet upland, then adjusted 25, 35, and 100 foot buffer lines. Commission members discussed the locations of flags, connection of flags, and location of water on the site. Commission reviewed Mass DEP wetland maps which shows intermittent stream. At site visit last year debris was observed, including a rolled up chain link fence near d series, and railroad ties had been dumped. Area between 4d and 2d seemed to be area of historic fill. owner is working on cleaning up debris. Ms. Scanlon would like to see these flags verified: 28d, 10b, le, up to 3e, and some of the flags on 24 Harold Ave. to determine jurisdictional wetlands that Commission needs accurate setbacks for. Commission is not allowed on neighbor's properties, but would like permission from homeowners to go on their properties for further determination of a series flags. Mr. Sullivan will check with property owners to get permission. Commission is asking for site visit to review e and b series. Commission Members do not mind if applicant wants Mr. Erickson to attend but it is not necessary. At site visit Commission will be checking a series flags (with permission of owner of 24 Harold Ave). Rechecking b series near shed area. If applicant wants Mr. Erikson to attend, Commission has no objection but it is not necessary. Public Comment: Fang Yu - 27 Harold Avenue: Wanted to know why this work being done. Ms. Longley replied applicant is asking what is under Conservation Commission's jurisdiction (what part of property is wetland and what area within 100 ft of that wetland line). Commission does not know what applicant's intent is. If owner is trying to do anything within 100 ft line, Commission has to be notified. From edge of wetland to 25' is no disturb area, from 25' up to 35' is no structure zone, from 35' to the 100 ft they could develop; Commission needs to be notified and determination made as to how it affects wetland area. Ms. Scanlon made Motion to continue this ANRAD until 5/11/2016. Mr. Flynn seconded. Vote 7.0-0. Old /New Business Page 1 4 CDC 270 -0580: 30 Gavin Circle, Map 51, Lot 157, Lusk Ms. Lusk in process of selling house. Commission had site visit early April and returned for another site visit 4/26/2016. Members discussed establishing growth with wetland seed or conservation mix, planting of trees, or planning of shrubs. Mr. Tirone suggested marking area as wetland with granite bounds for future owners so they will stay out. Buyer's attorney did title search, came up with outstanding Order of Conditions 1981 -2 for street crossing, drainage ditch profile, and applies to Lots 3, 4, 8, 9. Presuming 30 Gavin was one of these lots. Mr. Flynn made motion to issue Certificate of Compliance for 270 -0580 as seconded, Vote 6 -0- 1. Ms. Scanlon abstained. CDC 1981 -2: 30 Gavin Circle, Map 51, Lot 157, Lusk Order of Conditions for porch with roof at front of house and drainage off driveway Ms. Scanlon made Motion to issue partial Certificate of Compliance for 30 Gavin Circle. Mr. Curtis seconded. Vote 7 -0 -0 CDC 270 -039: Cedar Swamp — Northeast Boundary of Reading, Map 54, Lot 2 Conoco Engineers Continued at request of applicant C000626: Mariano Drive, 92 Sanborn Lane, Lot 2, Albert Couillard Mr. Couillard recused himself since these are his applications Site visit performed at Lot 2. Bocce court looked good, erosion not bad; material had been removed from wetland as requested. Observed erosion concerns, close to lot 2, hay bales removed, has not filled in. Drain on street open Ms. Scanlon made Motion to issue Certificate of Compliance for Lot 2. Mr. Curtis seconded. Vote 6 -0 -0. Mr. Couillard recused C000625: Mariano Drive, 92 Sanborn Lane, Lot 3, Albert Couillard Mr. Couillard recused himself. Lot 3 owned by David Lewinnek. Outstanding issues have been resolved, debris pulled out as requested. Erosion on far side of house a bit deeper, grass is sparse. If owner doesn't get grass repaired, then Mr. Couillard will take care of it. Hearing continued until meeting on 5/11PO16 to allow time to see if seed gets established. C000627: Mariano Drive, 92 Sanborn Lane, Roadway, Albert Couillard Mr. Couillard recused himself. Lower half of cul de sac, one storm drain, pavement, curbing installed, but not completely finished. Trees in buffer zone and street trees have not been in for a full year, so it is unclear if they will survive. Conditions under bond with Engineering. Bond is for $38,000. Mr. Couillard promised that if a tree dies, even without a bond, he will replace it. He plans to top coat driveways and whole roadway in about six weeks now that all lots have been sold. Ms. Scanlon made Motion to issue Certificate of Compliance for Roadway. Mr. Flynn seconded. Vote 6 -0-0. Mr. Couillard recused Mr. Maughan discussed ANRAD process and possibility of conflict of interest. He would like to Page 1 5 look into it with town counsel to see what the potential is for conflict if a member votes on an ANRAD or application then comes back as an applicant for that same property. There could be an unfair advantage. 61 Hopkins RDA, Couillard Commission signed RDA Strawberry Hill lane Vernal Pool Continuance of Order of Conditions. This order expires tomorrow; a request to extend should be submitted 30 days prior to expiration date. Vernal pool was decertified from vernal pools. Applicant's consultant had it decertified. Site is grubbed out, trees stumped, retaining wall, loose stone retaining wall beyond 35'. Last construction 2 -3 years ago. Large trees cut down, rock wall built. Applicant started process on 6125f2013, recorded Order of Conditions and money for bond, nothing has been done other than gravel entrance, erosion control. Mr. Tirone asked for replacement of erosion controls. Permit extension act 2008 -2010, automatic extension of 2 years, 2012 another two years, permits that were in effect in 2008, three years for permit and 4 years for extension act. Now owner discovered building permit expiring and understands extension process. Applicant is asking to extend for another three years. This lot was excluded for development originally because of vernal pool. If Commission has evidence that vernal pool is functioning we could get it back as certified pool. Physical changes to vernal pool happened due to changes around it. To get re certification as vernal pool documentation is needed stating qualifications are met. Reason to extend permit would be so Commission doesn't have to go thru application process again. Ms. Scanlon made Motion to approve /extend permit for six months. Mr. Maughan seconded. Vote 0.6 -1. Ms. Longley abstained. Mr. Curtis does not agree with extending permit because owner has not controlled the site in the past. Some members are in favor of extending for a month to allow owner opportunity to come to meeting to explain and present viable plan. Mr. Flynn made Motion to extend Order of Conditions for one month to May 25, 2016. Mr. Couillard seconded. Mr. Maughan made friendly amendment to Mr Flynn's motion that in addition to the extension, Commission requests applicant come to next meeting to explain delays and her plan to move forward. Ms. Longley seconded. Vote on amendment 4-3 -0. Mr. Curtis, Mr. Couillard, Ms. Sccichitani voted against. Commission then voted on main motion 4 -3 -0. Mr. Curtis, Ms. Scanlon, Ms. Scicchitani voted against. Possible unauthorized activity within protected wetland resource No reports received by the Conservation office between 4W16 to Q7/2016 Emergency permits None at this time Page 1 6 Bills approved: None at this time Minutes for Approval: April 13, 2016 Mr. Couillard made Motion to approve minutes as amended. Mr. Flynn seconded. Vote 7 -0 -0 Update from tree policy working group, schedule first meeting Tree policy working group meeting scheduled for 412$2016 at 9:00 am Ms. Longley made Motion to adjourn at 10:40 pm Ms. Scanlon seconded. Vote 7 -0 -0 Page 17