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HomeMy WebLinkAbout2025-06-11 Conservation Commission Minutes16 OFq 0 � �_.� Town of Reading �a Meeting Minutes 'iMCOAOOP� Board - Committee - Commission - Council: Conservation Commission Date: 2025-06-11 Building: Reading Town Hall Address: 16 Lowell Street Purpose: Hybrid Meeting - Conservation Commission Meeting Attendees: Members - Present: Time: 07:00 PM TOWN CLED READING MA 2825 OCT - 7 p K & N 1:46 Location: Conference Room Session: Open Session Version: Final Brian Bowe, chair, Martha Moore, vice chair, Tim Michel (remote), Chirag Sthalekar, Tony Rodolakis Members - Not Present: Walter Talbot Others Present: Chuck Tirone (Conservation Administrator), Alex Kirkwood, Chris Huntress, John Weber, Greg Hockman, Dr. James Hickey, Bruce Doyle, Nancy Mellow, Dr. David Maughan, Phil Higden, Pam Fleming, Marc Moll, Minh Chi Dinh, Thu Minh Thach, John Chavez (remote) Minutes Respectfully Submitted By: Emily Mackenzie Kulenkamp Topics of Discussion: This meeting was held in person and remotely via Zoom. Chair Brian Bowe called the meeting to order at 7:00 pm. Public Hearings t. Eagle Scout Project — Boardwalk The boardwalk will be assembled off site and reviewed by the trails committee. Old boardwalk will be removed. Martha Moore moved to approve Alex Kirkwood's project, Tony Rodolakis seconded, Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Note: the audio of the RCTV recording was totally silent until around time marker 15:49. This first hearing was reconstructed from the notes of Vice Chair Martha Moore. 2. 288 Grove St Martha Moore moved to continue at the applicant's request to 6/25. Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Page 1 1 3. 885 Main St Martha Moore moved to continue this hearing to 6/25, Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) 4. 696 Pearl St Martha Moore moved to continue this hearing to 6/25. Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) 101 Willow St, Austin Prep Assessor's map lot 20-311, 26-74, and 2545. Chris Huntress said he is here to respond to the commission's requests from a previous meeting. Chris Huntress said that notes have been added to SP1 and SP2 stating that stockpiling materials and parking and refueling of construction vehicles will not be allowed within the buffer area. Chris Huntress said that they had submitted lighting plans to Chuck Tirone. Tony Rodolakis asked how much light will actually escape above the field. Chris Huntress said they are dark sky compliant and what that is supposed to mean is that it stays below the lights. Martha Moore suggested a condition of removing an old silt fence. Chris Huntress agreed. Brian Bowe asked if anyone at the hearing wanted to comment on this hearing; no one did. Martha Moore moved to close the hearing, Tony Rodolakis seconded, Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Brian Bowe stated that removing a silt fence and two areas of yard waste is a condition. Tony Rodolakis added that dark sky compliant lighting is also a condition. Martha Moore moved to issue the order of conditions, Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) S. 269 Main St Continuation of a public hearing. Assessor's map 12 lot 40 RDA 2025-05. This is a hearing regarding placement of an 8' by 16' fence and two dumpsters within 100' of the wetland. Bruce Doyle stated that, as per the commission's prior request, they should have been provided with an operation and maintenance plan. Martha Moore asked if both dumpsters will be for trash or if one is recycling. Bruce Doyle said they are tentatively discussing one for trash and one for recycling. Martha Moore asked who is responsible for noticing if rodents have chewed through dumpster lids. Bruce Doyle said that would be his responsibility. Page 1 2 Martha Moore said who will take over when you are no longer living there. Bruce Doyle said that would have to be determined at the time of that event Chuck Tirone stated that the health department will require replacement if the dumpster is too damaged; they will need to get an inspection once a year. Chuck Tirone asked if the condo has a management company. Bruce Doyle said they do; if this passes the commission it would have to be rewritten in their bylaws including a succession plan. Chuck Tirone stated that the new dumpster site would be almost 80' from the wetland. He also stated that Hayes Engineering said the infiltration system would handle any shed water. Brian Bowe opened the hearing for public comment. He reiterated that the commission's jurisdiction is only where they are planning to place the dumpster. Nancy Mellow, 269 Main St, asked if the decision to move the dumpsters outside has been made and the position is all that is being discussed? Brian Bowe stated that whether or not they move outside is not within the commission's purview and that If they place the dumpsters outside the location needs to be approved by the commission because it is in the buffe zoner. Chuck Tirone also stated that the question of whether the dumpsters are inside or outside is beyond the scope of the commission. Dr. David Maughan, 269 Main St, asked the commission if they are concerned about the consequences of moving the dumpsters outside. He stated that he is worried about rats. Brian Bowe stated that the commission's jurisdiction is based entirely on the Wetland Protection Act and does not extend to rats unless there is some direct effect on the wetland. Chuck Tirone stated that the rat issue would fall under the Health Department. David Maughan asked if it would be jurisdictional if trash from the dumpster ended up in the wetlands. Chuck Tirone said, yes, if there is an accumulation in the wetland. David Maughan asked if there is any other recourse ruling on this change. Chuck Tirone said he knows that CPDC must approve and then the Health Department must approve. Bruce Doyle, 269 Main St, stated that he spoke with Olivia at the planning commission and agreed to submit the project to her once it is approved by the Conservation Commission. David Maughan asked if planning or zoning has any say about whether this change is made; he stated that their deeds state that the trash is located within the building. Chuck Tirone stated that he is not sure but told David Maughan that departments do have an internal system for commenting on permits before various commissions. David Maughan stated that many residents were blindsided by this change and had to force a meeting with the board. Phil Higden, 269 Main St, stated that he had asked at the last hearing if the applicant would agree to postpone this meeting in order to give the residents more time to view the operational Page 1 3 plan. Phil Higden stated that the residents have never received a copy of the operation and maintenance plan. Pam Fleming, 269 Main St, stated that the residents have not seen proposals from any of the companies described in this plan, such as fencing or landscaping companies. She stated she has recently seen landscapers blow leaves into the wetlands and seagulls take bags of trash out of a nearby dumpster into the conservation land. Pam Fleming stated that the proposed dumpster size will not accommodate all of the needed trash. Brian Bowe stated that whether there is an odor or not is not within the commission's jurisdiction. Brian Bowe stated that the commission cannot presuppose there is a problem before there is one. Chuck Tirone began projecting the operations and maintenance plan. Marc Moll, 41 Richards Rd, former resident of 20 Benjamin Ln, described rat problems he had on 20 Benjamin Ln as a result of Bagel World trash that could only be killed with poison. Marc Moll stated that the electric boxes were not effective and that is recorded with the Health Department. Chuck Tirone stated that the Health Department was consulted about the shock boxes and he has the impression they were recommended. Tony Rodolakis asked Bruce Doyle to clarify his position and his ability to represent the property. Bruce Doyle stated the condo association's board voted in favor of this change 4 to 1. Brian Bowe asked if there were any comments on the first page of the operations and maintenance plan; there were none. Phil Higden stated that he didn't see anything on the plan regarding the ability of residents to lift the lids of the dumpster. Brian Bowe stated that the elements that are in commission jurisdiction are on the new operations and maintenance plan. Phil Higden said there is no accountability. Tony Rodolakis moved to close the hearing. Chirag Sthalekar seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Tony Rodolakis suggested the condition that the landscapers must pick up and bag any litter. Chirag Sthalekar asked what would happen if there are rats in six months. Chuck Trone stated that they typically don't allow rodenticide because of the possibility of secondary kills when predators such as owls eat them. Martha Moore asked if rat birth control can be added as an option. Chuck Tirone said we don't need to specify that as the language on the current plan would allow it. Martha Moore said the operation and maintenance plan says only electric shock boxes can be used Bruce Doyle acknowledged the request to remove the line stating only electric shock. Tony Rodolakis moved for a negative determination. Chirag Sthalekar seconded. Tony Rodolakis in favor, Chirag Sthalekar in favor, Tim Michel in favor, Martha Moore opposed, Brian Bowe in favor. (4-0-1) Page 14 6. 67 Longwood Rd Chuck Tirone stated that he did not see Elizaeth Wallace here. Chuck Tirone stated that the applicant would like to purchase some bat boxes as a mitigation but not install them; Chuck Tirone said he informed the applicant they would need to arrange installation somehow. Chuck Tirone suggested a courtesy continuation. Martha Moore moved to continue to 6125. Chirag Sthalekar seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) 7. 17 Melendy Dr Continuation; proposal for garage structure with two floors of living space above. Portions of the work are within the 100' buffer zone to a vegetated wetland. Assessor's Map 23 lot 199 RGH 2O25-7 Minh Chi Dinh, 17 Melendy Dr, described his proposal to build a home addition on the left side of their house (the driveway side). This would be a 26' by 40' building. Martha Moore described her site visit; she stated they saw where they had marked out the corners of the proposed addition which was around 100' from the wetlands. She stated that the commissioners were told that the part of the driveway that sticks out beyond where the house will be will be turned into grass. Martha Moore said they looked at the drainage retention pond and saw a runoff pipe; they noticed there were some cinder blocks and yard waste across the property line; the homeowners said they don't know where those blocks and waste came from. Martha Moore asked where the water from the gutters on the proposed addition would go. Min Chi Dinh said his contractor would know but he thinks it would go into the yard at the back of the house. He said they are planning to minimize runoff and debris into the wetland and he has spoken to his contractor about it. The commission expressed consensus that the stormwater wetland would be an appropriate place to send runoff water. The applicant expressed his commitment to keeping the area clean. Chuck Tirone stated a PVC pipe downspout could direct runoff into the stormwater wetland. Martha Moore said she noticed a fair amount of bittersweet growing around the edges of the wetland and the homeowners are welcome to cut it down, although not use herbicides. She said she spoke to the other homeowner (the presenter's spouse, Thu Minh Thach) and showed her which plant species that is. Martha Moore asked for erosion control around the constructed wetland. Martha Moore and Chuck Tirone suggested a 12' mulch sock. Chuck Tirone stated that the proposed addition is entirely on top of the existing driveway and there is an opportunity to reduce the impervious surface. Brian Bowe stated that, as a request not a mandate, the commission would like pervious material used for any landing outside the garage. Brian Bowe asked if there are any comments from the public; there were none Page 1 5 Martha Moore moved to close the hearing, Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Brian Bowe stated one condition; make sure that the landscapers don't add to the waste observed near the wetland. Martha Moore added the condition of the erosion control placement to be approved by Chuck Tirone and the downspouts from the gutters to drain through PVC pipe to the retention area. Martha Moore confirmed that removing bittersweet is not a condition just a suggestion. Martha Moore moved to issue order of conditions, Tony Rodolakis seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Old/New Business: 8. Montessori School at Matters Cabin No one here for this project. The commission discussed whether they are interested in this proceeding. Martha Moore said she is leaning yes; Tim Michel said he is leaning no and is concerned about liability. Tony Rodolakis also expressed concern about liability for the town. Brian Bowe stated the school does have insurance and he believes that the Town Council's position is that there would not be added liability. Tim Michel said there still seem to be questions about liability. Brian Bowe said that there might be any number of issues that would cause the commission to say no but they don't know what they are without proceeding. Martha Moore said that the process of getting answers might result in the group not continuing to try in Reading for this Fall and specified that they might consider this could go forward a year from now. Tim Michel said he doesn't think putting a school on town property is appropriate. Brian Bowe said he is leaning toward approving if everything can be answered. Tim Michel asked if the school would be accredited. Chuck Tirone gave an overview of the proposed uses of Bare Meadow and Matters Cabin by the Montessori School. Tony Rodolakis said one question he would want answered is how additional wear and tear on the property would be repaired. Brian Bowe said, well, if it's usual wear and tear that remains town facilities' responsibility. Chuck Tirone stated the maintenance would operate like any town building. Chuck Tirone suggested that Tony Rodolakis should review the presentation made by Mary Armanus at a previous meeting. Chuck Tirone said he personally thinks this does belong here and that the school would bring some benefits to the area. Chuck Tirone stated that the area is underused. Page 1 6 Martha Moore said private citizens rent the cabin all the time Tim Michel said he is skeptical of the educational side even though it sounds good for conservation. Martha Moore and Brian Bowe said that's not our concern. The commission discussed the possible rental rate. Chuck Tirone stated the town could do a licensing agreement. Martha Moore said she would like to see this explored. Brian Bowe asked for a majority vote showing who is leaning in a positive direction. Martha Moore, Brian Bowe, and Chirag Sthalekar voted yes. Tim Michel voted no. Tony Rodolakis abstained. (3-1-1) 10. JAE Tree Services, 50 Johanna Dr John Chavez, remote, is here from JAE Tree Services. Brian Bowe said the commission asked John Chavez to come to the commission to talk about the violations of regulations at 50 Johanna Dr and asked John Chavez to describe what happened. John Chavez apologized for the violations and stated that this was the first time he failed to, confirm the owner had appropriate permits. Brian Bowe asked John Chavez to confirm his awareness of the town and state wetlands regulations. John Chavez said yes, he is aware. Brian Bowe stated the first lesson going forward is the contractor can't just take the owner's word for d; he stated that in Reading it is considered the dual responsibility of the homeowner and the contractor. Chuck Tirone showed John Chavez how to access the town GIS resource to see where wetlands are. Brian Bowe stated that John Chavez can call Chuck Tirone to confirm before doing work. Brian Bowe stated that there was a stream next to this property which should have been a strong indicator that there were wetland regulations. Brian Bowe and Chuck Tirone emphasized that there is a protected buffer zone around wetlands as well. Chuck Tirone stated that 50 Johanna borders both wetlands and riverfront. Chuck Tirone confirmed that he would assist John Chavez as needed in determining wetlands. Brian Bowe clarified that work can be done sometimes within the buffer zone if permitting is appropriate. John Chavez confirmed he has received this information. Page 1 Chuck Tirone stated that all companies in the town should be checking, so this should not be a disadvantage. John Chavez asked If he should leave this job as is or finish it. Brian Bowe stated that JAE Tree Services should not do anything more at the site until the commission contacts them after meeting with the homeowners. Chuck Tirone stated that Mr. Federa had called and asked if he could put up a temporary dog fence in the original lawn area. Brian Bowe said I think we would say yes if we could be convinced it was really temporary. The commission agreed. Violation Notices 11.25 South St - tree cutting issue The commission will be reviewing it and have scheduled a site visit for 6112/25. A homeowner was not aware of the regulations and already cut down some town trees and 10 trees in the commission's jurisdiction. Discussion Items: 12. DPW Conservation Meeting July 8th Martha Moore can only attend if she is able to attend via Zoom. Chuck Tirone will confirm the date is firm. 13. Administrator's Report Chuck Tirone said some wood chips were spread on South St at Sturges Brook. He said they got some of the bittersweet removed. He said there will be another trail meeting. Chuck Tirone stated there was a need for a vehicle to move material from one end of the trail to the other. Chuck Tirone stated that there will be a planting day this Saturday at Bare Meadow. 14. Minutes: Chuck Tirone stated that the transcriber should send minutes out to the whole commission using BCC. Chuck Tirone asked if the transcriber had received a check. Martha Moore said she was not sure. Martha Moore confirmed that commission members should reply only to the transcriber with minutes corrections. 15. Request by Trails Committee to put a new trail into Pinevale This is a last-minute request that is time sensitive. Brian Bowe stated the commission is essentially being asked to approve the trail post facto and trust that the trails committee will do the work well. Page 1 8 Chuck Tirone stated that trails committee has volunteers available to work on this trail very soon, including building a bridge. Tony Rodolakis asked to see something indicating where the trail would be; Chuck Tirone handed him a map. Martha Moore asked if they are improving an existing trail. Chuck Tirone said, yes, they are. Chuck Tirone said this is an area he would like DPW to create a trailhead. Chuck Tirone showed the rough location of the proposed trail on a projected map. Tony Rodolakis stated that he thinks the trail doesn't need to be that close to the water body. Chuck Tirone stated that there aren't actually that many options for where to put the trail. Martha Moore advised telling abutters about this trail. Chuck Tirone stated that it is not required. Martha Moore suggested that would be a good idea. Chuck Tirone stated that he thinks based on this conversation he wants to wait and go through the regular permitting process. Martha Moore moved to adjourn at 9:32. Chirag Sthalekar seconded. Martha Moore, Tim Michel, Chirag Sthalekar, Tony Rodolakis, and Brian Bowe in favor. (5-0-0) Page 19