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HomeMy WebLinkAbout2010-03-10 Conservation Commission MinutesL i Conservation Conunission, March 10, 2010 MINUTES Reading Conservation Commission Meeting Selectmen's Meeting Room, 7:00 PM Wednesday, March 10, 2010 Present: Bill Hecht, Chairman; Doug Greene; Barbara Stewart; Tina Ohlson; Brian Sullivan; Fran Fink, Administrator; Maureen Knight, Recording Secretary. Absent: Annika Scanlon, Brian Tucker Old/New Business 50 Lindsay Lane, DEP 270-170, RGB 1987-8 - Request for Partial Certificate of Compliance Dr. and Mrs.' Mickey were present. Mr. Hecht gave a site visit report. He confirmed the ZNV setback, the roof drain and driveway infiltration systems, the replication area, and site stability. A gazebo has been built in an upland area. There are not-any clean-outs for the down spouts. The Commission advised the owners to keep the gutters clean. Motion made by Ms. Stewart to issue a Partial Certificate of Compliance for all work on this lot. Mr. Greene seconded. The vote was 5-0-0. 128 Fairchild Drive, DEP 270-170, RGB 1987-8 - Request for Partial Certificate of Compliance Mr. Hecht gave a site visit report. There was one difference in that the retaining wall does not end where shown on the plan and it extends into the rear of the property. The wall delineates the boundary between the lawn and the ZNV. The driveway drain discharges into the lawn. The homeowner said he has never seen water seeping through the wall. There have been clippings dumped over the wall. Motion made by Ms. Ohlson to issue a Partial Certificate of Compliance for all work on this lot. Mr. Sullivan seconded. The vote was 5-0=0. 93 Fairchild Drive DEP 270-459, RGB 2005-32 - Request for Certificate of Compliance Mr. Hecht gave a site visit report. The deck is built, the ZNV is marked, and shrubs have been planted. There are not 37 shrubs as shown on the plan, but it does look delineated. The slope is as shown and is steep. Ms. Fink said the Order of Conditions has never been recorded. Motion made by Ms. Ohlson to issue a Certificate of Compliance. Ms. Stewart seconded. The vote was 4-1-0. Sunset Rock Lane, DEP File #270-295, RGB # 1997-6 - Vote transfer of bond to DPW shade tree fund Ms. Fink distributed a draft motion to the Commission, and they reviewed it. (See attachment at end of Minutes.) Ms. Stewart began reading the motion as drafted. Motion made by Ms. Ohlson to waive the fall reading of the motion. Mr. Greene seconded. Vote was 5-0-0. Ms. Stewart then read the final paragraph of the motion, as follows: 1 Conservation Commission, March 10, 2010 Therefore, I move that in accordance with the Order of Conditions for the Sunset Rock Lane Subdivision and the Town Meeting vote under Article 18 on the Warrant for April 24, 2000, the Commission shall apply the $5,000 received from Stoneham Cooperative Bank to the planting of the required trees in the Subdivision by placing the $5,000 in the shade tree fund of the Department of Public Works and directing the Department to use the funds to plant up to 12 trees in the buffer zone within the Subdivision. Ms. Ohlson seconded. The vote was 5-0-0. Kylie Drive, DEP 270-462, RGB 2005-41- Site plan revisions Nothing has been submitted. 40 Sunset Rock Lane, DEP 270-549, RGB 2009-1- Status of work Nothing has been submitted. Town Forest - Management plan The Commission is answering a survey by the Town Planner concerning priorities for management. Mattera Conservation Area - Cabin renovations . Ms. Fink attended a meeting with Town and Vocational staff and many of the details have been pinned down. She also met with the Town Manager and two of the Selectmen to discuss funding. The Town Manager will provide $3,000 from a discretionary fund. The vocational students will return this week for additional demolition. Supply accounts will be set up shortly. Additional donations are still being sought. Motion made by Mr. Greene to allow expenditure of the accumulated grants and donations in the Conservation Trust Fund for the repairs to the Mattera Cabin. Ms Stewart seconded. The vote was 5-0-0. Public Hearing, Notice of Intent, Reading Municipal Light Department, 45 Causeway Road and West Street, DEP 270-570, RGB 2010-3, hazardous material clean-up Present: Kevin Sullivan, RMLD; Joseph Jammallo, Jammallo Associates The Commission and Ms. Fink reviewed the draft Order of Conditions. They had some questions that were answered by Mr. Sullivan and Mr. Jammallo. Some amendments were made. Some abutters were present, and they also asked a few questions. Motion made by Ms. Stewart to issue the Order of Conditions with the Findings and Conditions as amended this evening. Ms. Ohlson seconded. The vote was 5-0-0. Motion made by Ms. Stewart to close the public hearing. Ms. Ohlson seconded. The vote was 5-0-0. Public Hearing, Notice of Intent, Max Gabriello, 285 Main Street, DEP 270-564, RGB 2009- 28, restaurant and parking lot This hearing is postponed till March 24, 2010. Public Hearing, Proposed amendment of Reading Wetlands Protection Regulations, Section 3 - Performance Standards for Resource Areas, Subsection G - Riverfront Area The Commission reviewed the draft amendment. Conservation Commission, March 10, 2010 Motion made by Ms. Stewart to accept the amendment to the Reading Wetlands Protection Regulations as proposed. Mr. Greene seconded. The vote was 5-0-0. MACC Conference - Follow up The Commission members reviewed what they had heard and seen at the various seminars that they had attended during the conference. Topics included changes in wetlands due to global warming, EPA stormwater management standards, updated BioMaps, endangered species and wildlife habitat protection, wetlands delineation; Open Meeting Law changes, invasive plant management, volunteer management, and stream bank stabilization. Town Meeting Warrant, April 2010 The Commission reviewed several items on the warrant that were of interest, particularly the proposed revision of the Floodplain Overlay District provisions in the Zoning Bylaws. Boy Scout Court of Honor Mr. Tucker is planning on attending, and other Commission members are invited. Minutes for approval: February 24, 2010 Motion made by Ms. Stewart to approve the minutes for February 24, 2010. Ms. Ohlson seconded. The vote was 5-0-0 188 Forest Street - The owners are dumping debris in the wetland. Ms. Fink will send them a letter. 306 Main Street The Commission received another hazardous waste clean-up status report. Some additional soils borings will be conducted soon. Johnson Woods The Commission reviewed a letter from Ted Moore to CPDC, requesting a meeting in May to review the parking provisions within the development. 10 Cory Lane The Order of Conditions for construction' on this property required a Conservation Restriction. The CR was signed by all parties, but not recorded. Also, the Certificate of Compliance was not recorded. Letters were sent in 2003 and 2009 to the owner stating that they needed to record the documents. The Commission will send another letter to the owner. Lobs Mill Conservation Area - fishing access The State Fishing & Boating office has hired a contractor to carry out the work this spring. Adjournment Motion made by Mr. Greene to adjourn the meeting. Ms. Stewart seconded. The vote was 5-0-0. r` 3 Conservation Commission, March 10, 2010 Attachment to Minutes of March 10, 2010 Motion with respect to performance surety for Sunset Rock Lane Subdivision Whereas an Order of Conditions, DEP 270-295, RGB 1997-26, was issued by the Reading Conservation Commission on January 12, 1998 to Presidential Development Corporation for construction of the Sunset Rock Lane Subdivision in Reading; and Special Condition A-3 of said Order of Conditions required that: Prior to any work governed by this Order, a performance surety (cash or equivalent, tri- party agreement, bond or letter of credit running to the Town of Reading) shall be provided in the amount calculated by the Town Engineering Division. Said surety must be in all respects satisfactory to the Town Counsel and the Commission. Said surety shall be conditioned on the satisfactory completion of all work required by this Order, including among other items: Said surety shall be signed by a party or parties satisfactory to the Town Counsel and the Commission, and shall be released after a Certificate of Compliance has been issued. In the event that this Order expires, and after written notification to the party or parties of the Commission's intention, the Commission may apply the surety toward the satisfactory completion of the work required by this Order, or restoration of affected lands or properties. If the surety is forfeited, the Town employees and agents may enter the site to perform such work and shall be held harmless; And Presidential Development Corporation provided a Letter of Credit from Stoneham Co-operative Bank to the Commission dated June 16, 1998 in the amount of $20,000; and , The Commission accepted said Letter of Credit with the advice of Town Counsel before work began on the subdivision; and At the request of Presidential Development Corporation, the Commission issued Extension Permits on 12/18/1998, 12/16/1999, and 1/16/2001; and The Reading Annual Town Meeting on April 24, 2000, passed Article 18, as follows: To transfer from the funds obtained under that certain agreement described below for Sunset Rock subdivision the sum of twenty thousand dollars ($20,000) for the purpose of completion of all required work or restoration or both required by the Conservation Commission in conjunction with Order of Conditions issued January 12, 1998 and approved plans last revised December 8, 1997 for Sunset Rock Lane, DEP #270-295, RGB # 1997-26, in accordance with the terms of an Irrevocable Letter of Credit entered into and executed to the benefit of the Town of Reading between the Presidential Development Corp., Peter C. DeGennaro, President/Treasurer, the Town of Reading, and Stoneham Co-operative Bank, in the amount of $20,000.00, pursuant to Section 5.7.10 of the Town of Reading General Bylaws, such fund to be expended by and under the direction of the Conservation Commission. And Conservation Commission, March 10, 2010 The last Extension Permit expired 1/12/2002, with no further request from Presidential Development Corporation for additional extensions, and with work unfinished for satisfactory completion of the Order of Conditions; and The Commission issued an Enforcement Order in March 1, 2002 to Presidential Development Corporation in which the Commission set forth work needed for satisfactory completion of the Order of Conditions and ordered the work to be completed by specific dates; and After some of the required work had been completed, the Commission voted on July 26, 2002 to reduce the amount of the surety from $20,000 to $5,000; and Presidential Development Corporation provided a Letter of Credit from Stoneham Co-operative Bank to the Commission dated July 29, 2002 in the amount of $5,000; and The Commission returned the original Letter of Credit to the Bank and accepted the July 29, 2002 Letter of Credit; and Presidential Development Corporation requested a Certificate of Compliance and release of the $5000 Letter of Credit in a letter from Peter C. DeGennaro dated October 9, 2002. This letter also said, "In addition I will give the Town a letter stating they can use the funds in the bond currently held by the CPDC to plant the additional trees along the street"; and After reviewing the status of work, the Commission sent a letter to Mr. DeGennaro, Presidential Development Corporation, on October 22, 2002, stating three actions needed for satisfactory completion of the work: complete stabilization of Lots 2 and 4, planting street trees, and signing a grant of Conservation Restriction for Lot 4. The Commission also stated that they were working with CPDC to solicit bids for the Town to complete the tree planting, and that when the bids were received the Commission "would take final action concerning the bonds being held by the CPDC and Conservation Commission"; and After reviewing bids for tree planting and receiving no response from Presidential Development Corporation to their October 22"a letter, the Commission voted during their public meeting on November 6, 2002 to find that Presidential Development Corporation had failed to perform the tree planting work under the Order of Conditions and subsequent Enforcement Order. The Commission then voted to request that Stoneham Bank release $3,850 to pay for tree planting, the amount determined through the bid process, and retain the remaining $1,150 until further notice; and The Commission sent a letter to Stoneham Co-operative Bank on November 22, 2002, stating the November 6th votes and requesting the release; and The Commission received a letter from Stoneham Co-operative Bank on December 17, 2002. The Bank requested additional information from the Commission because Presidential Development Corporation had sent them a letter objecting to the release of the funds; and On December 18, 2002, the Commission provided additional information to Stoneham Co- operative Bank for review by their lawyers; and Conservation Commission, March 10, 2010 On February 28, 2003, a lawyer for Presidential Development Corporation sent another letter to Stoneham Co-operative Bank objecting to the release of the funds; and On March 19, 2003, a lawyer for Stoneham Co-operative Bank sent a letter to the lawyer for Presidential Development Corporation, describing the information provided by the Commission, concluding that "at a minimum, the planting of 12 trees in the buffer zone of the wetlands is within the jurisdiction of the Conservation Commission and included in the Conservation Bond". The letter ended by asking "for any reason that the Bank cannot release the requested funds"; and Additional correspondence took place on various dates among the parties after March of 2003, including a letter in July 2009 from Presidential Development Corporation to the Commission asking for release of the $5,000 Letter of Credit; and During their meeting on February 24, 2010, the Commission found that the trees still have not been planted, the work under the Order had not been satisfactorily completed and a Certificate of Compliance had not been issued. They voted to request that Stoneham Co-operative Bank release the $5,000 Letter of Credit to the Commission in full to pay for tree planting. They sent a letter to the Bank on February 25, 2010, with a copy to Presidential Development Corporation, requesting the release; and On March 4, 2010, the Commission received a check from Stoneham Co-operative Bank in the amount of $5,000 in response to their request of February 25, 2010. The Bank stated that they had advised Mr. Degennaro's attorney of this action; and The Commission has received no letter from Mr. DeGennaro's attorney since March 4, 2010 with regard to this matter. Therefore, I move that in accordance with the Order of Conditions for the Sunset Rock Lane Subdivision and the Town Meeting vote under Article 18 on the Warrant for April 24, 2000, the Commission shall apply the $5,000 received from Stoneham Cooperative Bank to the planting of the required trees in the Subdivision by placing the $5,000 in the shade tree fund of the Department of Public Works and directing the Department to use the funds to plant up to 12 trees in the buffer zone within the Subdivision.