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HomeMy WebLinkAbout2016-06-08 Conservation Commission MinutesO F Y , s3a. txcoa*� Town of Reading Meeting Minutes - J 11 . MASS. Board - Committee - Commission - Council: Conservation Commission Date: 2016 -06 -08 Building: Reading Town Hall Address: 16 Lowell Street Purpose: Public Meeting Attendees: Members - Present: h16 U11 9 P 4: 00 Time: 7:00 PM Location: Selectmen Meeting Room Session: General Session Rebecca Longley, Chair; Michael Flynn, Annika Scanlon, Vice Chair; Amy Scicchitani, Jamie Maughan, Al Couillard, Chuck Tirone, Administrator Members - Not Present: Harry Curtis Others Present: James Hannon, Bill MacLeod, David Nugent, Lori Doughty, Charlotte Harlan, David Raucci, Sal Magazzu Minutes Respectfully Submitted By: Julia Rodger Topics of Discussion: Approved: June 22, 2016 Ms. Longley called meeting to order at 7:00 pm ORAD 270 -0660: 116 Van Norden Road, Map 39, Lot 72, Gately Herrick Commission signed ORAD and reviewed flag locations on plan: a1 -a6; b1 -b10; c1 -c5; Od,1d -8d thru 10d; 13d -28d; 1e -8e; 1e connects to 10b. Artis Senior Living Violation notice was sent by Mr. Tirone for dewatering activities on Sunday, May 29. The notice was received from a resident who observed the activities. Dewatering was being performed at an elevator pit and discharged directly into storm drain on Ashley Place via pumping. There may have been dewatering other times as well. There were four days of dewatering prior to Sunday, dewatering stopped on Monday when they received notice. Artis representatives were apologetic. They were reminded of Order of Conditions. They were reminded there could be fines imposed if this were to happen again. The site supt was on vacation at time of dewatering; subs were filling in. RDA 2016 -11: 2 Maple Street, Map 16, Lot 111, Hannon Owner presented proposal to build 9 x 16 deck on back of house. Plans to use 4 concrete pillars 10" in diameter, installed 50 "down filled with concrete. Plans to stockpile in driveway, excavated material will be side cast up against house. Owner hand excavated for pillar locations. Pipe filled with dirt in direction of wetland, not connected to anything. It is possible it is an old leaching field; Mr. Hannon will contact Board of Health for direction. Page I 1 At site visit Commission members noticed significant wetland vegetation at edge of lawn (which would indicate beginning of wetland) that is not accurately reflected on plan. Mr. Flynn measured from corner of proposed deck to edge of wetland — 32 feet; from proposed deckto edge of lawn - 26 feet; from corner of proposed deck where vegetation begins to grow is 36 feet. It appears the work proposed may be within 35 feet of wetland. Mr. Hannon may have to file variance for work that close to wetland. Commission recommended that he hire profession wetland scientist to survey wetland line and tape off distances from project. Wetland line, 25 ft. line, and 35 ft. line need to be indicated on plan. Ms. Scanlon noticed a lot of fresh and previously dumped yard waste in buffer zone. Owner stated neighbors cross thru his property to get to dumping area on town land. Commission advised him dumping has to stop; owner will put up sign to try and get dumping to stop. Mr. Couillard suggested getting abutters list for Conservation Commission to send letter to neighbors stating that area is town land and no dumping is allowed. Mr. Hannon can put up a sign but it is town's responsibility to notify neighbors. OOC 270 -0663: 310 South Street, Map 4, Lot 144, Doughty Commission signed Order of Conditions. Erosion control shown on plan as 12" mulch sock. Contractor described erosion control to owner as fiber roll which according to Commission is not the same thing as mulch sock. Applicant will make sure supplier is using product specified in Order of Conditions. 2016 -12: RDA 118 Belmont Street, Map 28, Lot 120, Sperling Bill McLeod gave presentation. This project started as swimming pool project, has now been reduced to patio and redoing lawn. Removing retaining wall, removing shed on sonotubes (being remove also) New patio outside no structure zone, brick with crushed stone underneath. No heavy excavation, no re- grading. New lawn outside 25 no disturb zone. Landscape architect involved and will be reusing some of the plantings if possible; new plantings will be native species. New lawn only extends to hay bale line at 25 ft. Fence for backyard is back metal vinyl coated. Fence stops 4" above ground for wildlife to pass through Mr. Couillard notice small piles of debris, requested Mr. Sperling's landscaper take it out. Mr. Maughan request erosion control on downhill side of shed. Mr. McLeod got high water measurement in March for vernal pool and surveyed into plan. Construction activity is approx. 90 feet from vernal pool and all work is taking place in previously disturbed area. At site visit Commission members felt wetland flag 5a seemed like, it should be moved toward backyard about 5 ft. Mr. Flynn indicated the wetland line did not have to be approved by the Commission for an RDA and was therefore okay with the plan as shown. Mr. Flynn made Motion to issue Negative Determination as amended, including the Commission would not verify the boundaries as shown on the plan as part of this application, additional erosion control around shed during removal, planting of only native plants, and clean -up of landscape debris. Mr. Maughan seconded. Vote 6 -0 -0. RDA 2016 -10: 16 Nugent Lane, Map 46, Lot 68, Nugent David Nugent wants to remove 11 trees from his property around wetland area. Trees are endangering his home, potential damage from breaking limbs as well as mold and mildew on house from lack of sunlight. Page 1 2 Two groups went on site visits. Ms. Longley asked about condition of trees. Bob Moses, a Mass arborist, reported trees are in sunken land, 7 -8 feet lower than house. The root systems are compromised, most of them are conifers; they have surface roots. The trees can look healthy but are in danger of failure. All trees are within 25' feet of stream and 25' feet from house. Double trunked tree is about 30' from house. Mr Moses explained process for removal. He would set up crane in driveway, have a climber'in each tree, picks trees and sends them out to driveway. Nothing would touch wetland; sections will be roped and lowered down by crane. These trees are very tall, as much as 90'. If cut trees are clean they will be shipped to Canada for use as lumber. Mr. Moses proposed to flush cut stumps, Commission requests 8 -10 ft stump remain for trees in wetland, or to a height that won't cause damage to home, but will provide habitat. Mr. Moses concerned with carpenter ants and termites for stumps close to house. He would prefer to cut ones close to house down low to avoid these pests. Two out of 11 stumps to be cut flush. Mr. Moses suggested low ground cover shrubs such as blueberry. Commission requests shrubs 1 to 1 replacement for total of 11. If cutting process harms any saplings Mr. Moses will clean cut. This would not keep them from flourishing. Mr. Maughan would like it stated in determination that if any saplings are destroyed they will be replaced 1 for 1 with a comparable tree. Mr. Couillard made Motion to issue negative determination with condition that 11 trees be replaced with 11 high bush blueberry plants. Ms. Scanlon made friendly amendment instead of high bush blueberry "native species shrubs of owners choosing". If saplings are destroyed during process of removing trees, saplings will be replaced 1 for 1. Mr. Flynn seconded Vote 6 -0 -0. 3 Zachary Lane discussion concerning isolated vegetated wetland At site visit Commission members noticed small isolated wetland (under jurisdictional bylaw) a bit over 500 sq. ft. Owner concerned with sticks, trash, and leaves. They had been incorrectly informed that they could not access wetland for cleanup. Commission members told them they can clean debris. 25 ft. buffer looked like it had been planted with witch hazel and red alder and other wetland vegetation. Mr. Tirone contacted owner; homeowner will let Mr. Tirone know when they do clean -up of debris in the fall. 0I0ew Business Austin Prep Mr. Tirone advised Austin Prep to remove hay bales and add wetland seed mix per decision of Commission. Minor Plan Change 270 -0657, 73 Fairchild Drive, Jacobs Owner was going to build on top of existing deck; now plans to remove entire deck and build whole new deck of same size with new footings. Page 1 3 Mr. Maughan made Motion to approve minor change to remove and replace with a new deck. Mr. Couillard seconded. Vote 6 -0 -0. Minor Plan Change 2014 -12: 112 Colonial Drive, Mirogiannis Property owner qualified for RDA because pool deck, retaining wall, garage addition, and tress that were to be cut were all 50 feet away, except for one side which was 40 feet away. Changed plan to 3 season porch, moving retaining wall, moving pool deck. Owner now has engineered plan; project is now smaller and further from wetland than originally proposed. Mr. Flynn made Motion to approve minor plan change to 112 Colonial Drive. Mr. Couillard seconded. Vote 5 -0 -1. Ms. Scicchitani abstained. ORAD 270 -0658: Low Meadow, off of Arcadia Avenue, Map 14, Lot 15, Haskell issued May 31, 2016 Commission issued ORAD at meeting on May 11th. Mr. Tirone contacted applicant for additional soil borings, Steve Erikson declined on behalf of owner. Their preference is to doing borings when they file NO1. He did not want to spend more of his client's money. Within 21 days of May 11th meeting Commission members signed ORAD on May 31st. Mr. Tirone then' informed Mr. Maguzzo that the clock had started for ten day appeal period. Public Comment: Sal Maguzzo —105 Arcadia Avenue: thanked Mr. Tirone for providing information he requested. He stated when it was brought up two weeks ago no determination had been made. Members discussed votes taken at last meeting (approved vs closed hearing). The neighbors say it looks like the Commission pulled a fast one issuing the ORAD and they are upset. The neighbors desire to work together with Commission. Mr. Maughan recalled motion and second and vote to issue ORAD. Last meeting it came up whether hearing had to be closed. No it was not closed; it remained opened for discussion from residents. Process for a hearing is hearing is opened, statement read, conditions discussed, hearing closed. An ORAD was not a hearing. Wording motion to "issue" equals approval of order and 21 day clock starts. If hearing is not closed, further discussion at future meeting is allowed. If hearing is closed no additional information can be presented or discussed. Therefore the twenty one day clock ended the night Commission signed ORAD on May 31, 2016. Appeal period is up as of June 10, 2016. The line cannot be changed for three years. After three years applicant would have to file a NOI or an ANRAD. Mr. Magazzu stated there is a perception among neighbors that Commission handled something incorrectly. Dave Raucci —117 Arcadia Avenue: agrees Commission was trying to hear and respond to all the comments and questions from neighbors. Page 1 4 Ms. Scanlon reported the Commission is made up of town volunteers who are held to ethical standards and attend ethics training. It is clear that ethics are followed. Mr. Tirone explained again the process. Commission has to be fair and look at things fairly. This property will be on agenda again with date of issue so those who look at agenda will see it. Commission discussed if members vote to issue order of conditions and vote to close at same meeting. Order of conditions would need to be available prior to meeting for review. Members would make notes to modify and turn into Mr. Tirone. This may be a reasonable process. Mr. Tirone also suggested contacting DEP for further clarification on NOI and ANRAD processes. COC 270 -0643: 1261 Main Street, Ahern At site visit it was noticed that grass is established. Tire, fencing, brush needs to be removed from pile. Three new trees have been planted. Silt fencing needs to be taken out. Deck stairs go down to wetland side of house, plan shows stairs on opposite side. Regarding retaining wall between driveway and wetland; proposed plan shows two separate walls. Jersey barrier on left of driveway was excavated out in a square, excavated soils was put closer to wetland. Soil needs to be removed, debris pile to be removed, silt fencing to be removed. Continued until' next meeting. Release Bond 270 -0626: Continued Mariano Drive, 92 Sanborn Lane, Lot 2 Albert Couillard Release Bond 270 -0627: Continued Mariano Drive, 92 Sanborn Lane, Roadway, Albert Couillard Mr. Couillard recused himself. Mr. Tirone received all information required from Al Couillard' for both addresses. COC 270 -0625: Continued Mariano Drive, 92 Sanborn Lane, Lot 3, Albert Couillard Continued Continued COC 270 -582: 244R Ash Street, Northeast Cutlery Continued Friends and Family Day Members discussed their shifts for working at booth. Ms. Scanlon got donation of shrub from Garden in Woods and some brochures. There will be raffle for a free Mattera Cabin rental. Reports Owner of 24 Strawberry Hill Lane may have lost extension permit through mail. Mr. Tirone will prepare another copy. Order of Conditions /ORAD Policy Discussion The Commission discussed how issuance of Order of Conditions and ORAD was addressed and how they were related to the closing of a public hearing or meeting. The Commission agreed to the following policy going forward: • When the Commission is satisfied that they have all the information they need, have heard all public comment, and are satisfied the NOI addresses all relevant standards and requirements they will request the Conservation Agent draft an Order of Conditions or ORAD Page 1 5 • The Draft Order of Conditions or ORAD will be sent to Commissioners concurrent with distribution of the meeting package for the next meeting • At the first meeting after the Draft Order of Conditions or ORAD has been received by the Commissioners, comments on the order from Commissioners and applicant will be made at the meeting as part of the public hearing. The order will be edited as necessary at the meeting in response to comments • The Public Hearing or meeting will be closed after all edits are made • At that time a vote by Commissioners will be taken to approve and issue the Order of Conditions or ORAD No Bills No Emergency Permits Minutes Approved 5/25/2016 Mr. Maughan made Motion to approve minutes of May 25, 2016 as edited. Mr. Flynn seconded. Vote 6 -0 -0 Tennyson Road Mr. Tirone visited property and walked thru with owner. He is trying to create retaining wall. Wetland ends just at end of his property. It's outside jurisdiction of Commission, completely outside buffer zone. Mr. Maughan made motion to adjourn at 9:30 pm. Mr. Flynn seconded. Vote 6 -0 -0. Page 1 6