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HomeMy WebLinkAbout2025-07-09 Conservation Commission Minutes4�� rq e Town of Reading �Y Meeting Minutes Board - Committee - Commission - Council: Conservation Commission Date: 2025-07-09 Building: Reading Town Hall Address: 16 Lowell Street Purpose: Hybrid Meeting - Conservation Commission Meeting Attendees: Members - Present: TO EC OIF READING, PA. 2025 OC7 - 7 PM I: 38 Time: 07:00 PM Location: Conference Room Session: Open Session Version: Final Brian Bowe, chair, Martha Moore, vice chair, remote, Tim Michel (remote), Walter Talbot, Richard (Rick) Keogh, Joseph Flurry (associate member, remote) Members - Not Present: Chirag Sthalekar Others Present: Chuck Tirone (Conservation Administrator), Michael Spearing, Maureen Herold (remote), Gio Fodera (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 1. 885 Main St Continuation of notice of intent. Martha Moore moved to continue to 7/23. Walter Talbot seconded; Walter Talbot in favor, Martha Moore in favor, Tim Michel in favor, Rick Keogh in favor, Brian Bowe in favor. (5-0-0) Chuck Tirone commented that the commission has received a second set of comments from its third -party reviewers although those will not be discussed tonight. He specified that they are available on the conservation division page. 2. 695 Pearl St Continuation of hearing on abbreviated notice of resource area delineation. Martha Moore moved to continue to 7/23; Walter Talbot seconded, Walter Talbot in favor, Martha Moore in favor, Tim Michel in favor, Brian Bowe in favor. (5-0-0) 3. 57 Longwood Rd Page 1 1 Chuck Tirone said this applicant has not been responding to emails so the commission can choose to continue or drop this item. Brian Bowe said he would just as soon continue it. Martha Moore moved to continue to 7/23. Walter Talbot seconded, Walter Talbot in favor, Martha Moore in favor, Tim Michel in favor, Richard Keogh in favor, Brian Bowe in favor. (5-0-0) 4. 692 Pearl St Richard Keogh, member, is also the applicant and recused himself from decision -making on this hearing. Richard (Rick) Keogh began presenting. Brian Bowe read the blurb stating that the applicant proposes removal of 11 trees within the buffer area of a vegetated wetland and intermittent stream. Assessor's Map 57 lot 2 RDA 2025-8. Richard Keogh, 692 Pearl St, began presenting. He stated that nine of the proposed trees are mature white pines, each between 21-28" inches in diameter and approximately 80-1 00'tall. He said they all lean toward the home. Richard Keogh stated that two oak trees are also structurally compromised and present a threat to the house. Richard Keogh stated that the request is not tied to any plans for building and is purely concerned about safety. Richard Keogh described his childhood home along the Ipswich River in North Reading and experience of a family friend, Tom Gunning, who was killed in 2016 in Canton by a falling tree limb. Richard Keogh stated that a 6-year-old child was also killed by a tree in Canton that day. Richard Keogh stated that they are limited in their replanting options but do intend to introduce native shrubs and trees, particularly in the rear area, near the drainage ditch. He said his wife is particularly interested in planting Mountain Laurel. Richard Keogh stated he and his wife are also willing to donate trees to Bare Meadow or money to other conservation efforts. Brian Bowe clarified that the desired outcome for the applicant is a negative determination. Walter Talbot asked if the area being described as a ditch is a ditch or a stream or something else. Chuck Tirone stated that the wetland scientist and himself would call it an intermittent stream because it flows from a wetland. He also stated that engineering also calls these things drainage ditches. Walter Talbot confirmed that it is under the jurisdiction of an intermittent stream; Chuck Tirone agreed. Walter Talbot stated that he would like to hear how these 11 trees were identified as he was not present at a previous meeting. Martha Moore began describing a site visit she and Brian Bowe took. She said, assuming you have permission to take down the trees you want to take down, I was looking for opportunities Page 1 2 for your plantings to take place. Martha Moore said that she noticed that this property has very little planting in the front yard so some trees could be planted there. She said she also noticed that behind a shed there is quite a stand of buckthorn and that if the homeowners were to remove that invasive buckthorn that would make some space for native planting. Richard Keogh asked for clarification on what buckthorn is. Martha Moore said that commission members could come consult on where that invasive shrub is. Richard Keogh stated that there is an oak that is already dead in that area that he would like to replace with another tree, although he doesn't consider it to be dangerous and it is not one of the 11 trees he is requesting to remove. Martha Moore also noted that Tree A looked dead, meaning it would not count in the tree removal count. Richard Keogh said he still would consider adding a shrub or two to replace that tree. Martha Moore said there was a strip of yellow tape that seemed to be where the homeowner thought the 100' line was; she said when she and Brian Bowe measured the line, it was not quite accurate, and there are two more trees outside of the yellow tape that they would consider to be part of this proposal. Richard Keogh said he had not received a copy of the sketch Martha Moore made. Martha Moore said these trees are very close to I and H on the applicant's plan. Martha Moore stated they might be permitted to be taken down but should be included in the plan. Richard Keogh stated he is fine adding those two trees to his plan. Martha Moore stated that she did notice that a number of the applicant's trees have multiple leaders, which she thinks would be less safe to keep. She said that trees D, E, F, J, and K behind the shed looked like they are in pretty good shape and she would like to consider them separately from trees 1, H, G, and the ones marked as approved. Martha Moore stated the two she saw beyond the yellow tape also have multiple leaders and she would be comfortable removing them with a good planting plan. Brian Bowe said they basically agreed with that line except for the one area Martha Moore described. Brian Bowe said that they did notice some piles of brush in the jurisdiction and asked Richard Keogh to remove them. Richard Keogh stated that he has cleaned out the leaves in the ditch. Brian Bowe said they would like to see a detail with a planting plan. He stated that he understands the applicant wants a lawn, meaning replacement shrubs and trees would be around the edge, but he would like to see a plan. Richard Keogh said he would like to bring a professional on board for that process. Brian Bowe stated he would prefer more trees than shrubs although some shrubs are fine. Brian Bowe stated the measurement of the wetland border was difficult. Page 1 3 Joseph Flurry asked what is meant by approved on this map Brian Bowe said those are trees that the commission previously agreed that Rick (Richard Keogh) could take down as dangerous. Chuck Tirone clarified that those approved trees would still be considered part of the tree removal plan. Chuck Tirone informed Richard Keogh that raking out a stream is very bad for the stream and the commission would not allow it unless there is an immediate major blockage. Chuck Tirone stated that the leaves along the bottom should allow the stream (or ditch) to stay moist with water on top of it. Walter Talbot asked, if this project goes through, how many trees will be left within the 100' zone? Brian Bowe stated that a number of trees off to the right where the stream is would be left. He said, as far as the back left closet to the property, there are one or two trees that are pretty damaged and ahead of you they're coming out. So, there will be almost none in the rectangular yard -type area but they will be off to the side between the two properties. Chuck Tirone showed an aerial photograph of the property. Walter Talbot asked if Trees I, H, and G are healthy. Martha Moore said Tree I has all of its branches on one side, H has three leaders, and G has three leaders. Martha Moore stated there are a few deciduous trees among those pines in the back yard. Brian Bowe said that elm tree near the shed is marked for removal. Martha Moore asked if it had a letter. Brian Bowe said C; Martha Moore said C is a pine. Brian Bowe said, okay, the elm tree is close to the house, according to the arborist. Richard Keogh asked if Martha Moore is talking about the tree behind the shed. Martha Moore said no, right next to the place where you wrote 1 00'on the plan but she did not compare that elm to the arborist's letter. Martha Moore said there are also some maples that are outside of the 100' zone in the upper right comer. Brian Bowe asked if the commission is comfortable about what trees are going to come down. Chuck Tirone said he would also like to know the answer to Walter Talbot's question about how many trees will be left. Brian Bowe asked if Chuck Tirone means long or short term; Chuck Tirone said short term. Richard Keogh stated that for the most part, the pine trees in the area beyond the 100' zone will be coming down. Walter Talbot said we don't have jurisdiction there but it might affect within our jurisdiction; what would the drainage situation be? Page 1 4 Chuck Tirone stated that if all the rest of the trees are going it will create more disturbance than just what is happening within jurisdiction. Chuck Tirone stated that the commission does have the right to judge things that directly affect the jurisdictional area. Richard Keogh said that he is intending to replant along the edges of the lot. Martha Moore stated she would like to see a fleshed -out planting plan. Richard Keogh said he would like to bring an expert on -site to look at the planting plan and needs a little bit of time to do that. Brian Bowe said the commission would like to see that plan before the cutting is done, apart from the ones that have already been approved to be cut down for safety reasons. Walter Talbot asked when the homeowner would like this done. Richard Keogh said he has been discussing it since March. He would like to have the trees cut down as soon as possible for Northeast Tree Services. He hopes that replanting can be done by this Fall and next Spring. Brian Bowe said he recognizes the logistical challenges but will need to see a replanting plan before this can be approved; the plan needs to show what, where, how many, and an idea of when for the planting. Brian Bowe stated they will propose a survivability ratio and duration; at the end of two years, they will need to have a certain percentage of survivors. Brian Bowe said the sooner you get a plan the sooner we can put this to bed. Richard Keogh asked if the commission could recommend someone; Brian Bowe and Chuck Tirone said the commission is not able to do that. Martha Moore said there are other people who have had to turn in planting plans and they are public record on the conservation division website so the applicant could look through those and see who comes up often. Martha Moore stated that it sounds like we need a continuation. Chuck Tirone said this could most likely be wrapped up at the next meeting; it can be a sketch rather than a surveyed plan. Brian Bowe stated that Richard Keogh still has permission to cut down the 4 trees previously agreed upon. Tim Michel offered to facilitate getting someone on site to help with the plan. Brian Bowe and Chuck Tirone stated that Tim Michel is a quasi -town employee; Chuck Tirone said he is not sure if Tim Michel can legally make a recommendation but will check. Martha Moore moved to continue the hearing to 7/23; Walter Talbot seconded; Walter Talbot in favor; Martha Moore in favor; Tim Michel in favor; Brian Bowe in favor. (4-0) Rick Keogh returned to acting as a commission member 5. 50 Johanna Gio Fodera (remote) was in the waiting room. Chuck Tirone informed him that Maureen asked him to wait until 8:15 to see if she will make it. Page 1 5 Martha Moore moved to continue 50 Johanna to later in the meeting, Walter Tallest seconded and in favor, Martha Moore in favor, Tim Michel in favor, Rick Keogh in favor, Brian Bowe in favor. (5-0-0) 6. Violation Notices No updates. Brian Bowe asked Chuck Tirone if he had any updates on Pearl St; Chuck Tirone stated he did not. Discussion Items: 7. Bee Research Chuck Tirone stated that Elsie Tally, a PhD student from Rutgers University, would like to conduct a small-scale research project at Maillet, Sommes, and Morgan. She would be sampling a limited number of Ceratina Calcarata bees. Chuck Tirone showed an image of these bees and described them as a small carpenter bee being used as a model organism in a study of social evolution. Chuck Tirone stated that he has given permission for this project as notable and the researchers have stated that they will share their information with the commission and, if there is time, will come present to the commission. Walter Talbot asked if these are good, non-invasive bees Chuck Tirone stated they are very good pollinators. Brian Bowe asked if Chuck Tirone needed approval for this. Chuck Tirone said, no, this is more of an update. 8. Onboarding of New Members Brian Bowe stated that Tim Michel has been an associate member of the Conservation Commission who will henceforth be a full member. Brian Bowe stated that Rick Keogh is joining as a full member while Joe Flurry is joining as an associate member. Brian Bowe described, for the benefit of the new members, the importance of Open Meeting Law for the commission members. Chuck Tirone stated that he has sent out a link for an online training for ethics and Open Meeting Law trainings for the new members. Chuck Tirone stated that next meeting the commission will need to reappoint the Chair and Vice Chair as this is the beginning of a new fiscal year. Brian Bowe described the open meeting law requirements for the commissioners, stating that they can't have a quorum of members discussing commission business outside of public meetings. Brian Bowe clarified that groups of 4 or more members may not discuss any business related to the Conservation Commission outside of public meetings. He stated that those meetings must be announced at least 48 hours in advance, which Chuck Tirone does. Brian Bowe described the process for transcribing minutes that are then made available to the public and emphasized that commission members should not reply to all commissioners with edits to the minutes. Brian Bowe stated that serial communication and deliberation are not allowed outside of public meetings. Brian Bowe stated that it is likely that there will be a quorum or close to a quorum of members at site visits and other public meetings; the commission would have to declare a meeting in order to be able to discuss any public business on those occasions. Page 1 6 Chuck Tirone stated that Open Meeting Law has come up a lot in Reading and emphasized that all commissioners should remind each other not to respond outside of the publicly announced meetings. 8. Conservation/DPW Monthly Meeting Scheduled for July 15°. Martha Moore said she can go as long as she can attend remotely. Brian Bowe stated he can go and others are welcome; it is at 1 o'clock on Tuesday. 9. Administrator's Report on Bare Meadow Planting Plan Chuck Tirone stated that there are $12,000.00 worth of plants out in Bare Meadow but they are having trouble keeping up with watering. Chuck Tirone stated that volunteers have been watering at least every other day but the volunteers will be gone after August. Chuck Tirone said he has asked interested neighbors to take part in watering and is also asking the commission members to assist in watering through the end of August and September. Chuck Tirone stated it takes about two hours. Rick Keogh asked what time he could be there. Chuck Tirone stated it is open dawn to dusk. Rick Keogh stated that there had been a leak from a fire hydrant that is now resolved; Chuck Tirone agreed. 10. Administrator's Report on Matters Cabins Chuck Tirone stated that his plan is to build a deck on Matters Cabins that is handicapped accessible. He stated the deck is framed and half the decking is on. Chuck Tirone stated that the deck should be finished by the first week in August as is planned. Approval of Minutes: 11. Brian Bowe said that there are two sets of May minutes to approve. Brian Bowe told the members that they are strongly encouraged to review the minutes but they will be approving minutes regardless of if everyone has read them. Chuck Tirone stated that even commission members who were not at a meeting can approve its minutes. Martha Moore moved to approve minutes for 5/14; Walter Talbot seconded, Walter Talbot in favor, Tim Michel in favor, Martha Moore in favor, Rick Keogh in favor, Brian Bowe in favor. (5- 0-0) Marhta Moore moved to approve minutes for 5/28 as amended, Walter Talbot seconded, Walter Talbot in favor, Tim Michel in favor, Martha Moore in favor, Rick Keogh in favor, Brian Bowe in favor. (5-0-0) Brian Bowe stated that the transcriber should start sending minutes to the new commission members. 11. Budget Requests Brian Bowe stated that the town's meeting for budget requests is upcoming on July 15". Chuck Tirone staled that the Montessori School discussion will be occurring at that meeting. 13. 50 Johanna Dr Page 1 Maureen Herald entered the Zoom waking room, so the commission returned to the discussion item of 50 Johanna Dr. Brian Bowe stated that this is a violation discussion as some trees were being cut down without permitting and the commission stopped that tree work. Maureen Herald, Norse Environmental Services, is working with Gio Fodera regarding a restoration plan for the site. Maureen Herald showed a diagram of the property with the resource areas delineated. She stated that 90% of the lot is within the inner riparian zone. Maureen Herald showed the commission a table of the stumps and snags she found and their DPH's as well as relevant notes. She showed images of delimbed trees on the property. Maureen Herald showed a rotted maple tree near the dwelling and asked for permission to cut that tree down as well as the snags. Maureen Herald proposed a 14o-1 ratio for trees cut as well as 6 native shrubs. She showed a proposed list of a minimum of 3 different native tree species to be selected from a list including: Red Maple, Sugar Maple, Balsam Fir, Flowering Dogwood, Northern Red Oak, Black Oak, White Oak, American Hombeam, and Quaking Aspen. She proposed these trees be 4-6 feet in height. She also showed a proposed list from which at least two different species of shrubs would be chosen: Sweet Pepperbush, Alternative -leaved Dogwood, Witch Hazel, Maple Leaf Viburnam, Serviceberry, Pink Azalea, Common Juniper, Mountain Laurel, Clammy Azaela, Highbush Blueberry, New Jersey Tea. The proposed shrubs would be 3-4 feet in height. Maureen Herald stated that if there are any diversions from this list her plan calls for the homeowner to contact the Conservation Administrator for approval before plant installation. Maureen Herald requested restoration of a historical lawn and showed the lawn at a previous time. She then showed that proposed lawn area on the engineered plan and stated that they would like to construct a fence in the backyard. She stated that this would prevent any further intrusion into the wetland and provide permanent demarcation. Martha Moore thanked Maureen Herald for this plan and stated she liked this list of trees and shrubs. Martha Moore requested that at least one of the tree species selected be oak to replace oaks that have been cut down, due to the high habitat value of oaks. Maureen Herald agreed. Martha Moore asked why a plan presented to the commission in January showed the setbacks differently than the current plan. Maureen Herald said she has the impression they were not actually flagged in January. Brian Bowe stated that the applicant said that old flags were used in January. Martha Moore stated she would like the commission to discuss adding granite bounds to the 25' line. Maureen Herald expressed willingness to put in granite bounds or signage. Martha Moore stated that there should have already been 5 shrubs planted in an area on the property; there are instead 7 hostas which are not native. MM stated that the shrubs added should be 11 rather than 6. Maureen Herald said she doesn't think more shrubs will be a problem Page 1 8 Martha Moore stated that she and Brian Bowe had found more stumps on a site visit in April; she acknowledged there would be a lot more growth covering those stumps now. Maureen Herald asked if she missed any stumps, would additional shrubs cover their replacement. Martha Moore stated that she would consider 12 trees destroyed while Maureen Herald has 8 listed, including the maple with rot that she would like to cut down. Martha Moore stated that she liked the spacing of the trees in the plan. Martha Moore requested more shrubs. Martha Moore asked if a large pile of logs will be removed; Maureen Herald said yes. Walter Talbot asked if the plan puts grass right up against the 100-year flood plain. Maureen Herald said yes, as that's where the lawn previously was, but they will also be planting shrubs in that area. Brian Bowe stated that he would like to not move forward on this plan tonight and would like time to go on a site visit and look at the actual wetland boundary. Maureen Herald said she would be happy to walk the property with the commission. Brian Bowe asked Maureen Herald to leave one snag — although it can be shortened —to get some habitat value. Maureen Herald said she is very concerned about the snag being left for safety reasons and offered to plant another tree instead. Brian Bowe said he would be satisfied with planting an extra tree. Chuck Tirone stated that he is concerned that the mitigation doesn't meet the standard for the 12 trees removed. He also stated he is concerned about the fencing and asked if the applicant would be willing to move the fence forward to protect two trees. Maureen Herald stated that she can discuss moving the fence forward with her client and that the site visit will allow them to reconcile the tree count. Chuck Tirone stated that the fence needs an animal passage in it by regulation. Maureen Herald said she has not thought of that and would be happy to discuss that at the site visit. She stated that the fence needs to be able to keep a dog in. Chuck Tirone stated that a 3.5-4" gap might be all that is required. Chuck Tirone asked if there is any plan to alter across the 1 00'flood plain line. Maureen Herald answered that they are only proposing to do some seeding there but would not be filling or grading. Walter Talbot asked for clarification of where plantings will be put within the 25' zone. He stated he is concerned about that lawn being so close to the 25' line. Brian Bowe stated that as long as there is not lawn within 25,' that buffer is being respected. Walter Talbot said there should not be lawn within 25.' Maureen Herald said there would not be. Gio Fodera stated that he has a family within this house that is about to have a baby and they would like to move forward quickly. Page 1 9 Brian Bowe and Chuck Tirone stated that they just received the material recently and Brian Bowe said that they really need to go do a site visit. Gio Fodera asked if the plan could be approved on site. Brian Bowe said, no, as the open meeting law requires that to happen in a public meeting. Martha Moore stated that it actually might be better to do the planting in September which is usually less dry. Michael Spearing (remote) stated his family is the new occupant of the house. Michael Spearing asked if it would be possible to move forward with removing debris so that it could be done before his baby is due in two weeks. Maureen Herald stated that there is already erosion control in place and that if the snags and rotted maple tree could be removed there would be less debris and the tree cutting noise could happen before the baby is bom. Brian Bowe stated that the move in the wetland line is the big issue. Chuck Tirone stated that the one rotted tree, pile of brush, and the snags would probably be okay to remove now. Rick Keogh asked if he could deputize Brian Bowe and Martha Moore to make that decision on site. Brian Bowe said he doesn't think so. Maureen Herald said the trees and the debris are not located close to the wetland line. Martha Moore said she thinks they are very close to agreement on the planting plan but it makes sense to have them be able to take the snags down now and the wetland determination and planting plan be finalized before the next meeting. Tim Michel and Walter Talbot and Joe Flurry stated that would be fine with them. Joe Flurry asked for clarification on the administrative process. Brian Bowe stated that the commission would specifically vote to approve removing debris, cutting the one dead tree, and cutting the four snags. Joe Flurry asked how far in advance do these requests need to be made for future reference. Brian Bowe said documentation are supposed to be in by 5 PM the Thursday before a meeting. Chuck Tirone said this is an enforcement order the commission is working through so they can update the enforcement order to allow these specific actions. Chuck Tirone stated that there is a specific reason for the accommodation in this case. Brian Bowe requested that the applicant come to the next meeting with an updated plan, ideally with confirmation of the wetland flags as part of it. Chuck Tirone stated that Maureen Herald needs to attend the site visit. Martha Moore asked if the site visit should be moved earlier than usual to give Maureen Herald time to review her plan. Brian Bowe said yes, it should. The commission and Maureen Herald discussed meeting on the 8:30 on July 17'^. Page 1 10 Maureen Herald thanked the commission for their flexibility in allowing the snags and dead tree to be cut down. Chuck Tirone asked for the commission to be informed before cutting happens; Maureen Herald agreed. 14. 420 Herald St Chuck Tirone stated that the work is totally outside the buffer zone and doesn't need to be further discussed. Martha Moore moved to adjourn at 9:05, Walter Talbot seconded, Walter Talbot in favor, Tim Michel in favor, Martha Moore in favor, Rick Keogh in favor, Brian Bowe in favor. (5-0-0) Page 1 11