HomeMy WebLinkAbout2019-04-24 Conservation Commission Minutes Town of Reading
Y Meeting Minutes RECEIVED
TOWN CLERK
°'". ^• READING, MA. Y
Board - Committee - Commission - Council:
2019 MAY 20 AM 9: 41
Conservation Commission
Date: 2019-04-24 Time: 7:00 PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Session: Open Session
Purpose: Public Meeting Version: Final
Attendees: Members - Present:
Chair Rebecca Longley, Vice Chair Annika Scanlon, Carl Saccone, David
Pinette; Chuck Tirone Conservation Administrator
Members - Not Present:
Robert Hayes, Michael Flynn
Others Present:
Andy Friedmann, Patricia Dababneh, Demetra Tseckares
Minutes Respectfully Submitted By: Jacquelyn LaVerde and Chuck Tirone
Topics of Discussion:
Chair Rebecca Longley called the meeting to order at 7:05 pm.
NOI 270-0714, 135, 139, & 149R Howard Street, Map 10 Lots 75, 76, & 77,
Infrastructure Holdings LLC. Update.
Ms. Longley and Mr. Tirone stated that the site visit with the contractor, Horsley & Witten, is
scheduled for May 6`h. The contractor will need permission from the applicant to access the
site.
NOI 270-0715, 18 Bethune Avenue, Map 39 Lot 226, Pruitt
Mr. Tirone reviewed the applicant's plan to add a pool to their backyard. The lot is in the
outer 100-foot buffer zone, and the pool encroaches 5-10 feet into the buffer zone. The
configuration of the fence still needs to be determined. The applicant will provide a drawing
for the fence and mark the trees.
Motion to Issue Order of Conditions for NOI 270-0715 by Mr. Pinette, second by
Mr. Saccone. Vote 4-0-0.
NOI 270-, Maillet Morgan Conservation Land New Trail, Reading Trails Committee
Mr. Tirone stated that the Trails Committee is starting the process over for a new land trail.
The Trails Committee will re-file the NOI, then re-file in the newspaper and re-notify
abutters.
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Administrator's Reoort:
107 Main Street Update
Abutter Patricia Dababneh was present to discuss issues she previously raised with Fusilli's
(Aka Sam's Bistro) at 107 Main Street. Mr. Tirone reviewed the issues that are in violation
of the Order of Conditions that was issued when the original project was approved in 2007.
Trees have been removed, shrubs planted as a condition of mitigation have been removed,
and gravel has been added to an area behind a dumpster seemingly to add more space for
parking. Mike Palmer, the property owner, is currently working with Jeff Brem to re-
delineate the wetlands and prepare a site plan for review, as with changes to the rules and
regulations, he believes there is potential to develop the back area. But the plans have not
been received in time to schedule a hearing for the May 811 meeting. Mr. Tirone sent Mr.
Palmer a letter in January asking him to come in and speak with the Commission, and he
attended the February 11th meeting to explain that the landscaper he hired had removed
the trees and shrubs, and how he wanted to explore the possibility of more changes in the
area. Ms. Dababneh expressed concern over what she perceives as Mr. Palmer's attempts
to evade deadlines and avoid seeking proper approval for changes to his property. Mr.
Pinette reminded Ms. Dababneh to have patience with the process and noted that Mr.
Palmer is working with a licensed site professional who will address the changes Mr. Palmer
would like to make in addition to correcting the work that has been done in violation of the
OOC. The Commission discussed the next steps and agreed that if his application is not
received in time for the May 22ntl meeting, they will issue an enforcement notice. Andy
Friedmann asked why the Commission would pursue a violation if changes to rules and
regulations might mean it is no longer in violation. Mr. Tirone explained that changes to
regulations pertain to setting the wetland line and would not prevent an enforcement order
for what has happened that violated theorder of conditions. Mr. Friedmann then asked if
someone who receives a violation notice can just ignore it, and what the Commission can do
to enforce compliance. Mr. Tirone stated that the Commission can fine someone who is in
violation $300 per day as the violation is ongoing. However, there is a process of
notification to show the clerk magistrate that the individual was notified and had ample time
to correct the violation. Ms. Dababneh asked if she could receive updates on the next
steps. Mr. Tirone assured her that he would follow up with Mr. Palmer and Mr. Brem and
send her a summary.
The Commission recessed briefly at 7:53 pm and reconvened at 7:57 pm.
Town Meeting Warrant Article 23: Symonds Way
Town Meeting Member Demetra Tseckares was present to ask the Commission about a
parcel on Symonds Way. Article 23 seeks Town Meeting approval to purchase the parcel,
however, Ms. Tseckares expressed concern that the parcel may be too wet to develop. She
asked whether the Commission had an opinion on the land, as she felt that the purchase
price is too much for property that cannot be developed, and that the parcel should remain
open space. Mr. Tirone explained the process of an ANRAD that a property owner can follow
to delineate the wetland. Mr. Pinette also referenced another Town Meeting article (* 21)
which seeks Town Meeting approval to purchase 13 acres of land surrounded by Timberneck
Swamp so that the land can remain as conservation land controlled by the Town. Ms.
Tseckares asked the Commission for their opinion on the acquisition of the Timberneck
Swamp parcel. Mr. Tirone stated that it is an area the Town has received many complaints
about, including guns being shot in the area, and agreed that it would be beneficial to have
the area included under the Town's control. Ms. Longley noted that the wetlands outlined
on the Town's MapGeo site are based on satellite imagery and wetland delineation requires
someone on the ground to establish the line. Mr. Friedmann noted that the Town had hired
a surveyor to survey the property and delineate the wetland. The Surveyor described the
wetland as along the southern border.
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Porta Fencing in Sallfields
Mr. Tirone stated that the Recreation department is adding fencing around portable toilets
at all of the ballfields. The only one which falls under the Commission's jurisdiction is at
Memorial Park. There are two proposed sites: one near a new play area which is 80 feet
away from the resource area, however the area is previously disturbed; the other area is
along Smith Avenue, which is over 100 feet away from the resource area. The Commission
agreed that they had no objection to either site, but the area near the playground may
better serve people using both the ballfield and the playground.
Minutes for Approval.
Motion to approve minutes from April 10, 2019 by Mr. Pinette, second by Mr.
5accone. Vote 4-0-0.
Last Minute Reminders:
Mr. Tirone told the Commission that he received some draft language from Ocean River that
might be included in the bylaw and can be discussed at the next meeting.
Mr. Tirone shared notification from Keolis that they will be spraying pesticides in the railroad
right of way, but sensitive areas should not be affected.
Mr. Tirone provided a brief update on 364 Lowell Street, including the removal of invasive
plants, and informed the Commission that Bill Manuel may be submitting another
application in the near future.
Motion to adjourn by Mr. Pinette, second by Mr. 5accone. Vote 4-0-0.
Meeting adjourned at 8:39 pm.
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