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HomeMy WebLinkAbout2009-04-08 Conservation Commission MinutesConservation Commission Meeting, April 8, 2009 Reading Conservat Mission Meeting Selectmen's Meet i o W, Po APB Wednes&44~ AA ril V 2009 Present: Mark Wetzel, Chairman; Tina Ohlson; Brian Tucker; Doug Greene; Fran Fink, Conservation Administrator; Brian Sullivan, Associate Member; Maureen Knight, Recording Secretary. The meeting was called to order at 7:00 P.M. Old/New Business: 188 and 194 Van Norden Road, DEP 270-541, RGB 2008-33 - grading, foundation as-built, revised plan for deck, request for occupancy. Present: AI Couillard and Pradeep Selvakumar Mr. Hecht and Mr. Wetzel did a site inspection and questioned whether ZNV bounds are in correct locations. They requested an as-built plan. The Commission found that the revised plan for the deck at #194 does not meet wetland setbacks. A variance would be required. They do not want a path in the back of the house. The Applicant offered to reduce the size.of the deck to 10' instead of 12', but this still does not meet the setbacks. The Applicant will come back with revised plans showing the front porch, the 10' deck, and the wetland setbacks. The Commission noted that Mr. Couillard needs to complete actions set forth in a letter sent in late March before sign-off on occupancy for 4188. Public Meeting, Request for Determination of Applicability, Bill Anthony, 26 Orchard Park Drive, RGB 2009-6, grading and landscaping Present: Attorney Brad Latham The Applicant would like to grade and level off his property and install a seasonal skating area. The Commission did not think this would be a problem and they reviewed the findings and conditions. Motion made by Mr. Greene to issue a negative Determination with the conditions as amended. Ms. Ohlson seconded. Vote was 4-0-0. Public Hearing, Notice of Intent, Russell and Linda Howse, 721 Haverhill Street, RGB 2009-5, addition and driveway extension Present: Russell Howse Mr. Howse submitted a new site plan by Hayes Engineering, including revised wetlands delineations and proposed work. Ms. Fink did a site inspection and saw the flags, some of which she questioned. She wants to do another site visit with the wetlands delineator. The Commission asked questions about some of the details on the plan and would like to see separate existing conditions and proposed conditions plans side by side. No trees will be removed for the addition, and Mr. Howse will be using pavers. Soils and groundwater information will be needed. Another site visit will be done to see the wetland flags. Conservation Commission Meeting, April 8, 2009 Motion made by Ms. Ohlson to continue the hearing to the April 22, 2009 meeting. Mr. Greene seconded. The vote was 4-0-0. Public Hearing, Notice of Intent, Robert Zeraschi, 10 Torre Street, DEP 270-538, RGB 2008- 35, day care center, parking lot, drainage, and grading Present: Luke Roy, Robert Zeraschi, Curt Young Mr. Young had made a site visit with the Commission, and Ms. Fink had distributed a draft Order of Conditions. Mr. Roy and Mr. Young reviewed the draft Order of Conditions with the Commission. Mr. Roy will provide calculations on the drainage system for the Commission. There was some discussion regarding the elevation of the infiltration system, the street drain system, trees to be planted on site, and off-site buffer zone restoration. There are 20 new trees being added to the property to compensate for the removal of other trees. Mitigation will be in the form of cleaning up 2,000 square feet of Town property in the area. Some topsoil will be removed from the site and used in the mitigation areas. Some deciduous trees will be planted as well as evergreens. With the changes mentioned, the Applicant is agreeable to the draft Order of Conditions. Motion made by Mr. Greene to close the public hearing. Ms. Ohlson seconded. Vote was 4-0-0. Motion made by Ms. Ohlson to accept the Order of Conditions as amended. Mr. Greene seconded. Vote was 4-0-0. Public Hearing, Notice of Intent, Mona DeAngelo, 14 Strawberry Hill Lane, DEP 2707547, RGB 2009-2, house, driveway, site work Present: Attorney Mark Favaloro; Monica DeAngelo; Paul Dewsnap; Steve Dewsnap; Karen Pomeroy, Court Stenographer The Town Engineer sent a memo to Ms. Fink regarding the drainage calculations stating he did not have any issues with the calculations. Mr. Paul Dewsnap reviewed the revised site plan. The discussion of whether this is a vernal pool is still open. Mr. Wetzel did a site visit and did not see any signs indicating that this is a vernal pool and he agreed with the State decertification. Mr. Greene questioned Mr. Wetzel's expertise in this area. Mr. Tucker deferred to Mr. Wetzel's opinion and the State's decertification. Attorney Favaloro discussed the fact that the vernal pool is not even on the Applicant's property and requested that it be taken into condition. Ms. Ohlson agreed with the State's decertification. Ms. Fink reviewed the State Wetlands Protection Act and the Town By-laws as relating to the property and the characterization of the wetland area. Charlie Wilder of 38 Ash Hill Road asked if this property meets the local by-laws as a wetlands resource. Conservation Commission Meeting, April 8, 2009 Ms. DeAngelo discussed the decertification of the vernal pool and how the Town Manger told her that this made the whole thing a new ballgame. She explained her history with the Town regarding this property. Ms. Fink tried to find a common ground as to how this area supports other wildlife in the area as food but might not require the stringent requirements wood frogs would necessitate. Mr. Wetzel said the Commission must use consistency in their decisions. Attorney Favaloro requested that the Commission close the public hearing but Mr. Wetzel said the Commission could not do that without a prepared draft Order of Conditions. Ms. Fink said if the public hearing was closed no new additional information could be submitted. She asked for roof drains to be added to the maintenance plan and for grading and planting revisions to be made north of the proposed house where there is a retaining wall and existing trees. Motion made by Ms. Ohlson to find that the wetland was an isolated fresh water wetland and isolated land subject to flooding as defined under Reading General Bylaws, Section 5.7. Mr. Tucker seconded. Vote was 4-0-0. Motion made by Ms. Ohlson to make a finding that this wetland is a vernal pool as defined under the Reading Bylaws, Section 5.7. Mr. Wetzel seconded. Vote was 0-3-1 (Mr. Greene abstained). Ms. Fink listed additional information required by the Commission. Motion made by to continue the hearing to April 22, 2009. Mr. Tucker seconded Vote was 4-0-0. Public Hearing, Notice of Intent, Madlyn Fafard, Lot 49 Azalea Circle, RGB 2008-38, new house and driveway This hearing was postponed to April 22, 2009 at the request of the applicant. Old/New Business: Kylie Drive, DEP 270-462, RGB 2005-41- Easements and covenant, Lot 5, spring maintenance Tom Hurley was present for the applicant and provided sketch plans for Lots 4 and 5. Ms. Fink has been working with the Applicant's lawyers on draft swale and trail easements for Lot 5. To provide a dry route, the applicant is proposing easements on both Lots 4 and 5. Mr. Wetzel asked if they could have some bounds or visual trail markers. Ms. Fink reported that she had heard tree frogs calling from the wetlands between Kylie Drive and Charles Street cemetery during a site visit. Motion made by Ms. Ohlson to accept the proposed trial easement plans on Lots 4 and 5 Kylie Drive. Mr. Wetzel seconded. Vote was 4-0-0. Charles Street Cemetery - Site visit for trail Ms. Fink went to the cemetery to scout out the best route for a dry trail. She made a number of observations about the conditions within the cemetery and in the wetlands beyond. There are many wood frogs, and some areas need cleanup and erosion controls. Ms. Fink will contact the cemetery department to discuss existing conditions and proposed trail route. Conservation Commission Meeting, April 8, 2009 Mattera Conservation Area - Proposal for memorial benches Sudie Fay has submitted a proposal to install benches along the new trail from the Mattera cabin to the viewing platform as a memorial to Judy LeBlanc for her work with Understanding Disabilities. The Commission is agreeable to the proposal, and will request specifications and funding information. Benjamin Lane, DEP 270-466, RGB 2005-49 - Revised landscaping and fence plan, Lot 3 The owner of Lot 3 wants to move the pine trees from the middle of his back yard to the rear fence line by Bagel World, per the original approved plan. He also wants to install a fence to keep children out of the basin. Bill Johnson, developer, asked that the Commission not consider any alterations until he receives his overall Certificate of Compliance from the Commission. Motion made by Ms. Ohlson to accept the proposed tree transplant and proposed fence as a minor plan change provided that the changes are also approved by the CPDC, DPW and Bill Johnson. Mr. Wetzel seconded. Vote was 4-0-0. Old Mill Lane - Status of work Will Finch had noticed a "For Sale" sign so Ms. Fink checked the records and there is unfinished business: no final Certificate of Compliance or Conservation Restriction. She sent letters to all owners and the developer. Ms. Fink has spoken to one owner and developer by phone. She did a site inspection on Monday, April 6, 2009. Ms. Fink said there were three wetland replication areas in good condition. Two of the three looked like part of the natural forest. The third area looked like an open meadow. It appeared to be stable. The drainage worked as intended during a heavy rainstorm and appeared stable. A new layer of gravel should be installed in the parking area. The developer said that his trust has been dissolved and it is not clear that. ownership of the roadway and open space parcels has been transferred to the homeowner's association. The homeowners association should maintain the common areas. Ms. Fink will send a follow-up letter to the owners. Letter to the Commissioners of DEP - revision/clarification of 310 CMR 10.58 canal exemption Ms. Fink submitted a draft letter to the Commission for approval asking for the Riverfront regulations to be revised to clarify the definition and intent of the canal exemption. Motion made by Ms. Ohlson to send the letter to the DEP as drafted. Mr. Greene seconded. The vote was 4-0-0. Mattera Conservation Area - Policy for use of log cabin A draft policy had been submitted to the Commission for review. The Commission suggested some changes and Ms. Fink will research further. Trail Committee They are meeting on April 15 and April 24. Site Visit Reports Ms. Fink and Leo Kenney set salamander traps in the previous NHESP Habitat area that were checked by Mr. Greene and Mr. Kenney. They reported finding lots of frogs and salamanders, 4 Conservation Comnussion Meeting, April 8, 2009 but no blue-spotted salamanders, the one that is needed for the endangered species map. The Commission will try again when the larvae hatch out of the eggs and can be identified. Ms. Fink and Mr. Greene reported inspections in the Azalea Circle/Arrow Circle area and did not find conclusive evidence of a vernal pool near the Fafard lots. Minutes for approval March 11, 2009 and March 25, 2009 Motion made by Ms. Ohlson to accept the minutes as submitted for March 11, 2009. Mr. Tucker seconded. The vote was 4-0-0. Motion made by Ms. Ohlson to accept the minutes as submitted for March 25, 2009. Mr. Tucker seconded. The vote was 4-0-0. Adjournment: Motion made by Ms. Ohlson to adjourn the meeting. Mr. Tucker seconded. Vote was 4-0-0. 5