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HomeMy WebLinkAbout2010-04-14 Conservation Commission Minutese Conservation Commission, April 14, 2010 MINUTES RECEIVED Reading Conservation Commiss,}ct~ . R S 'jj.: P' Selectmen's Meeting Room, Wednesday, April 14 '2 @- ' 1( 3A Y 13 P 2: 43 Present: Bill Hecht, Chairman; Doug Greene; Barbara Stewart; Brian Sullivan; Brian Tucker; Tina Ohlson; Annika Scanlon; Fran Fink, Administrator; Maureen Knight, Recording Secretary. Mr. Tucker, Ms. Ohlson, and Ms. Scanlon arrived after the meeting began, as noted below. Old/New Business: Johnson Woods, DEP 270-416, RGB 2004-10 - Site plan revision, Building 28 Bob Gargano answered questions about Building 28 for which he had submitted a building permit application. Ms. Fink said the submitted plan dated March 29, 2010 was acceptable. Motion made by Ms. Stewart to accept the plan for Building 28 dated March 29, 2010 as an insignificant plan revision. Mr. Sullivan seconded. Vote was 4-0-0. Kylie Drive, DEP 270-462, RGB 2005-41- Status of work The Commission reviewed site visit reports and determined that work is still needed on Lots 3-6, including a revised grading plan. A letter will be sent to the developer with a firm deadline for plan submittal. .74 Fairchild Drive, DEP 270-170, RGB 1987-8 - Request Partial Certificate of Compliance. The Commission reviewed site visit reports and, except for the leaf dumping, the site looked okay. Motion made by Mr. Greene to issue a Partial Certificate of Compliance. Ms. Stewart seconded. Vote was 4-0-0. 36 Lindsay Lane, DEP 270-170, RGB 1987-8 - Request Partial Certificate of Compliance\ The Commission reviewed site visit reports and it looks good. Motion made by Ms. Stewart to issue a Partial Certificate of Compliance. Mr. Sullivan seconded. Vote was 4-0-0. 10 Cory Lane, DEP 270-287, RGB 1996-15 - Reissue Certificate of Compliance and Conservation Restriction #14 Ms. Fink reported that DCS will require revisions to the 2003 Conservation Restriction before approving it for recording. Ms. Fink will work with DCS and the owner on revisions. Ms. Scanlon arrived. 516 West Street, DEP 270-548, RGB 2008-46 - Request Certificate of Compliance The Commission reviewed site visit reports. The site is eroding in several places where vegetation has not been established. The topsoil appears poor. The builder has not provided a copy of the deed with the ZNV restriction. The Certificate of Compliance will not be issued at this time and a letter will be sent to the owners and builder. Conservation Commission, April 14, 2010 188 Forest Street, violation Status of work The Commission reviewed a site visit report. The brush and debris has been removed and the site looks good. Motion made by Ms Stewart to close the case. Ms. Scanlon seconded. The vote was 5-0-0. Ms. Ohlson arrived. 111 Forest Street, violation - Status of work The Commission reviewed a site visit report. The brush has been removed and cleaned up.. Plants are growing in the affected areas. Motion made by Ms. Stewart to close the case. Ms. Scanlon seconded. The vote was 6-0-0. 67 Forest Street, RGB 2004-38 - Status of work The Commission reviewed site visit reports. There was a permit issued to the previous owner and part of the plan was to plant shrubs, but he never did. The new owner wants to plant and Ms. Fink provided him with information about native species. The Commission will send him a letter to follow up. RMLD, 45 Causeway Road/West Street, DEP 270-570, RGB 2010-3 - C. 21E RAM Plan Ms. Fink did not yet have an opportunity to read the extensive report submitted. . 16 Varney Circle, DEP 270-560, RGB 2009-12 - Status of work, tree planting plan The Commission reviewed a site visit report. The trees were cut and the site is in good condition. The owner is required to plant two new white pine trees. Ms. Fink will send him a letter. 1364 Main Street, DEP 270-387, RGB 2003-4; DEP 270-117, RGB 1984-3 - Status of work Ms. Fink said there are two orders of conditions that have expired. Ms. Fink will do a site visit. Wingate would prefer an enforcement order rather than to file again. Public Meeting, Request for Determination of Applicability, Gloria McNeil, 489 Pearl Street, RGB 2010-5, tree trimming and removal Present: Gloria McNeil Ms. McNeil presented a revised site plan showing 30 trees to be either cut or trimmed. Mr. Greene gave his report on the site and the condition of the various trees. Ms. Fink also gave a site visit report. Mr. Greene recommended that trees numbered 1, 2, 3, 8, 12, 13, 14, 17, 19, 20, 21, 22, and 23 be cut due to poor health, while the remaining trees could have branches trimmed that were dead or close to existing structures. The Commission preferred that the trees not be removed until the wintertime when the ground is frozen or late summer when it is dry. The Commission also will require at least six threes to be planted to replace trees #1, 2, 3, and 20-23 located in the wetlands. The Commission reviewed and revised draft Findings and Conditions. Motion made by Ms. Stewart to issue a negative Determination with the Findings and Conditions as amended this evening. Mr. Greene seconded. Vote was 6-0-0. 2 Conservation Commission, April 14, 2010 Mr. Tucker arrived. Public Hearing, Notice of Intent, Lyn Whyte, Reading Housing Authority, 41-43 Wilson Street, RGB 2010-4, drainage pond modification Present: Lyn Whyte of RHA 'and George Zambouras, Town Engineer The Commission reviewed draft Findings and Conditions with Mr. Zambouras and Ms. Whyte. Mr. Zambouras suggested several revisions, and the Commission agreed to some of them. Motion made by Ms. Scanlon to issue the Order of Conditions with the Findings and Conditions as amended this evening. Ms. Stewart seconded. Vote was 7-0-0. Motion made by Mr. Greene to close the public hearing. Ms. Stewart seconded. Vote was 7-0-0. Public Hearing, Notice of Intent, Michael Fabiano, 20 Fox Run Lane, RGB 2010-7, tree removal, fencing, grading, planting Present: Michael Fabiano, applicant and Brian Corrigan, lawyer Mr. Corrigan presented the proposal to clear trees, extend the lawn, and install fences in the back yard of the site, using site plans and photographs. The work is proposed in the Buffer Zone, , including work within the 25 foot Zone of Natural Vegetation adjacent to the stream and BVW on site. Some of the trees proposed to be cut are not healthy, and others are. The plan could also include removing a rough cinderblock retaining wall near the head of the stream and replacing it with a better means of stabilization. The Commission reviewed site visit reports and written comments from Ms. Fink. The Commission questioned the need to remove so many healthy trees and also the extent of work proposed in the ZNV. Mr. Greene thought many of the trees could be trimmed instead of being removed. Ms. Fink said the fence line could be changed. also. The Commission noted that the existing basketball court intrudes into the ZNV, and asked that a wider zone of trees be kept in the area south of the court to provide a sufficient buffer for the wetlands. The Commission also asked that new trees be planted to replace those that are unhealthy and must be cut in the ZNV. Mr. Fabiano agreed to return with revised plans. Motion made by Ms. Stewart to continue the hearing to April 28, 2010. Mr. Greene seconded. Vote was 7-0-0. Public Hearing, Notice of Intent, Max Gabriello, 285 Main Street, DEP 270-564, RGB 2009- 28, restaurant and parking lot Present: Max Gabriello, applicant, and Christine Sheehy, lawyer Ms. Sheehy gave a report on events since the last hearing session and present conditions at the site. They had a structural engineer review the foundation, and he said it could be reused but it would have to be reinforced. His structural foundation plan was submitted to the Commission for the hearing tonight. An environmental engineer did an examination of the tanks and determined that the level of contamination in the soils is below concentrations that are reportable to DEP. The tanks do have to be removed, and one extends under the foundation. The previous environmental remediation work has been completed, and an RAO has been filed with DEP. A meeting took place 3 Conservation Commission, April 14, 2010 this week with the design engineers and other consultants, the environmental engineer, and Town staff. The structural foundation plan was acceptable to the Building Inspector. Ms. Sheehy said the design consultants are now ready to prepare plans for how to carry out the foundation work and to address the other issues raised at the last hearing session. They will submit additional information before the next hearing session. Ms. Fink distributed and reviewed a memo she had prepared regarding the events since the last hearing. She raised questions about the proposed work methods for the foundation repairs, especially near the stream. She reported that the Building Inspector said it would be acceptable to remove a small section of the front wall in order to remove the tanks. Motion made by Ms. Stewart to continue the hearing to April 28'. 2010. Mr. Greene seconded. Vote was 7-0-0. Public Meeting, Request for Determination of Applicability, Pradeep Selvakumar, 194 Van Norden Road, RGB 2010-6 and 202 Van Norden Road - Drainage concerns Present: Pradeep Selvakumar, applicant and Brenda Ossman, abutter Mr. Hecht recused himself as an abutter. Mr. Greene assumed Chairmanship. Mr. Sullivan also recused himself as having prior involvement in the project. Mr. Selvakumar reviewed his plans with the Commission for a proposed deck extending into the 35' no-build zone. He also submitted a sketch plan proposing installation of a pipe under his driveway to convey runoff from a low spot at 202 Van Norden into the wetlands in his front yard. The low area experienced flooding during storms in March. Mr. Greene asked for a more detailed drainage plan prepared by a professional engineer. Ms. Fink handed out copies of the 2009 as-built plan showing several options for conveying water out of the low spot. Brenda Ossman, 202 Van Norden Road, expressed her concerns regarding the drainage from the low area into her property. She said she had 10' of water in her cellar during the last severe storm. She had not had water in her cellar since 2003 when she regraded her yard, until the driveway was installed on Mr. Selvakumar's lot. She said the driveway is blocking the pre-existing flow pattern. She said she was having an engineer analyze the situation. She claimed that she has not been able to sell her house because of the water in her basement and pooled areas on her property. Mr. Greene noted there was also flooding on the west side of her house and on the abutting lot on that side that extended up to her foundation. He asked about pumping activities during the recent storm. He asked whether her engineer would be able to present 'a report to the Commission during their next meeting on April 28tH Mr. Selvakumar said he would be willing to pump water areas from Ms. Ossman's property in her absence while she is out of state, until the pipes or other drainage for the low area can be installed. Members of the Commission suggested different solutions for the low area. Mr. Selvakumar agreed to engage an engineer to provide a design for the meeting on April 28, 2010, and to waive f the 21-day time period for the Commission to issue the Determination until after that meeting. 4 Conservation Commission, April 14, 2010 Motion made by Ms. Stewart to continue the matter to April 28, 2010.. Mr. Greene seconded. The vote was 5-0-0. Mr. Hecht and Mr. Sullivan rejoined the Commission for the remainder of the meeting. 885 Main Street, DEP 270-562, RGB 2009-25 - Site inspection reports Present: Twelve abutters to the property. As agreed during the public hearing for the ORAD last fall, the Commission had scheduled site inspections this spring to check the vernal pool characteristics, and had notified the abutters that the reports would be reviewed this evening. The Commission reviewed site visit reports from the recent flood events and from inspections on April 5 and 11, 2010. Several Commissioners and Ms. Fink had observed surface flooding in the low areas around the houses north of the site on Main Street, and photos were taken during the flood events in March. Several abutters provided copies of photos for the file. Flooding was also observed in the certified vernal pool east of the site, to a height sufficient to convey surface waters through the back yard at 34 Duck Road and into the northern wetland. Ms. Fink reported that on April 5th she inspected with the owner's wetlands consultant and engineer. They observed deep water and numerous fairy shrimp in the certified vernal pool, and marked the edge of the water closest to 885 Main with flagging. The engineer surveyed the new flag locations for future planning purposes. Ms. Fink also reported that the wetlands north of 885 Main had ponded water 6 inches or less deep and, there were no obligate vernal pool species present. She did not think there was sufficient documentation to certify the area as a vernal pool. Linda Toth of 55 Francis Drive reported that the certified vernal pool was unusually high this spring, and that water had also flowed out of the eastern end towards Pearl Street in the March flood. . Lori Gorski of 34 Duck Road asked if she should be documenting water on her property and was told it might be useful for reference if a permit application were filed in future. 26 Sunset Rock, DEP 270-483, RGB 2006-27 - Status of work and draft Enforcement Order Present: Bob Beckman, owner The Commission reviewed site visit reports and received a preliminary as-built plan from Mr. Beckman. The Order of Conditions has expired, but some work remains to be completed and some work has not been done according to approved plans. The Commission and Mr. Beckman reviewed a draft Enforcement Order. Mr. Beckman, said he would like to complete the retaining wall and parking area, but has. some financial constraints and will not be able to complete it this summer as written in the draft Order. He also had concerns about the condition of the detention basin on his lot, and provided information to the Commission about certain materials used for landscaping where plants had not been established. Ms. Fink reported that the detention basin was draining through the outlet control structure as designed during an inspection at the end of the recent major storm. The basin was designed to hold back 6 inches of water to provide water quality improvements and infiltration, and could not be Conservation Commission, April 14, 2010 modified without an engineered design and a Notice of Intent. She did not know how often the DPW cleans sediments out of the basin, and suggested that the basin could be treated with Bti tablets to help control mosquitoes. The Commissioners asked questions and then decided to make another site inspection to take a closer look at certain areas before issuing the Enforcement Order. The matter will be placed on the agenda for April 28, 2010. Memorial Park, DEP 270-546, RGB 2008-45 - Preconstruction plan revisions Ms. Fink reported that she had attended a pre-construction meeting with the contractors and Town Engineers. They provided a copy of the contract site plans and a list of work to be done by the contractor, by the DPW, and work that will be postponed until funding becomes available. The contractor provided a construction sequence chart which placed work in the ponds during the wet season this spring, and work on the basketball court and tennis court later in the summer. The sequence also calls for planting the new ponds during the dry season, and for planting the' rest of the lawn in late October or November. Ms. Fink had expressed concerns about these aspects of the timing to the contractor. The DPW has not yet provided a work schedule for the stream restoration, sidewalks, electric conduits and lights, or other work they will do. DPW is planning to install the new drain line between the two ponds from the catch basin in Harrison Street first, because the old line is in the way of the new pond layout. The DPW actually began work last week, including demolition of the tennis court and basketball court. The lawn around the basketball court was so wet that vehicles got mired down and an earth ramp had to be installed for access. Other ruts were visible in the park at the bottom of the hill up to the tennis courts. The Commission directed Ms. Fink to work closely with the contractor and DPW to make sure that the work is coordinated between the two and is carried out during favorable working conditions in the proper manner. Earth Day April 10 - Follow up The Earth Day Fair was busy and $52 was contributed to the Mattera Cabin. 61 Winslow Road (tree removal) Motion made by Ms. Stewart to accept a Minor Project Permit to remove dead trees. Ms. Scanlon seconded. Vote was 7-0-0. 72 Glenmere Circle (tree removal) Motion made by Ms. Ohlson to accept a Minor Project Permit to remove a fallen tree. Mr. Greene seconded. Vote was 7-0-0. 66 Wescroft Road (tree removal, fence, patio) Motion made by Ms. Ohlson to accept a Minor Project Permit to remove trees and install a fence and a patio. Ms. Stewart seconded. Vote was 7-0-0. 38 Wescroft Road (tree removal) Motion made by Ms. Stewart to accept a Minor Project Permit to remove one dead tree and to trim one other tree. Mr. Greene seconded. Vote was 7-0-0. Conservation Commission, April 14, 2010 Minutes for approval: March 24, 2010 Motion made by Ms. Ohlson to approve the minutes of March 24, 2010. Ms. Stewart seconded. Vote was 7-0-0. Commission meeting dates changes Motion by Ms. Stewart to change the meeting schedule for the Conservation Commission this summer to the following dates. May 12 and 19; June 2, 16, 30; July 14; and August 18 and 25. Mr. Greene seconded. Vote was 7-0-0. These meeting dates replace any previously scheduled. All other meetings will be held on the dates already scheduled from September through December. . Ms. Fink noted that Town Hall hours will change as of June 7 Town Hall will be closed on Friday, open on Tuesday until 7 PM, and open until 5:30 the other days of the week. 10 Torre Street Ms. Fink reported a complaint from a resident of Track Road because the boulders have not been moved out of the street at the restoration area. The owner will be contacted for a site inspection. End of Nelson Avenue Ms. Fink reported complaints from residents of Pearl Street and Nelson Avenue concerning flooding and drainage impediments in the wetlands between their houses. The Commission will inspect the area before their next meeting and discuss the matter further at that time. Conservation Trust Fund The Commission had received donations to the trust fund from Reading Open Land Trust with the stipulation that they be used to pay for materials for two Boy Scout projects - the ramp at the Mattera Cabin, and the bridge at the Lynn Village Way trail into the Town Forest. These projects have now been completed. Mr. Hecht moved to pay $200 to Ned Coltman for materials for the ramp. Ms. Stewart seconded. Vote was 7-0-0. Mr. Tucker moved to pay $125 to Nick Staffier for materials for the bridge. Ms. Stewart seconded. Vote was 7-0-0. Adjournment Motion made by Ms. Stewart to adjourn the meeting. Ms. Scanlon seconded. Vote was 7-0-0.