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HomeMy WebLinkAbout2009-03-25 Conservation Commission MinutesConservation Commission, March 25, 2009 MINUTES Reading Conservation Commission Meeting., Selectmen's Meeting Room, 7:00 PM A r, J Wednesday, March 25, 2009 Present: Mark Wetzel, Chairman, Tina Ohlson; Barbara Stewart; Brian Tucl i i!Ei ' giC reAe 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 39 and 55 Walkers Brook Drive, DEP 270-494, RGB 2006-37 Present: Attorney Chris Latham, Frank DiPietro, Todd Freemont-Smith The Commission reviewed comments from Adam Zaiger, the lawyer who represents the new owner of 39 Walkers Brook Drive, on the Findings and Conditions attached to the Partial Certificate of Compliance issued at the last meeting. Mr. Zaiger requested that several revisions be made before the PCOC is recorded. The Commission also reviewed written responses from Ms. Fink and comments from Mr. Latham and Mr. Fremont-Smith. The Commission then revised portions of the PCOC. Mr. Greene made a motion to issue the revised Partial Certificate of Compliance as amended this evening. Mr. Tucker seconded. Vote was 5-0-0. Mr. Fremont-Smith will return the PCOC issued at the last meeting, and will submit revised Operation and Maintenance Manuals for review at a later meeting. Public Hearing, Notice of Intent, Michael Silver, 16 Bolton Street, DEP 270-550, RGB 2009-4, addition and driveway extension Present: Michael Silver, Melissa Silver The Commission reviewed revised plans. The Commission reviewed the draft Order of Conditions and some changes were made. Ms. Ohlson made a motion to issue the Order of Conditions as amended this evening. Ms. Stewart seconded. Vote was 5-0-0. Ms. Ohlson made a motion to close the public hearing. Ms. Stewart seconded. Vote was 5-0-0. Public Hearing, Notice of Intent, Russell and Linda Howse, 721 Haverhill Street, RGB 2009-5, addition and driveway extension Present: Russell Howse Mr. Howse reviewed his plans for an addition and driveway extension. Ms. Stewart gave a site visit report. Ms. Fink gave out written comments that raised questions about the wetland delineation, proposed work, and existing site conditions. The Commission had questions for Mr. Howse regarding layout, grading, type of pavement, septic system and other concerns. Mr. Howse agreed to continue the hearing and provide more information and revised site plans. Conservation Commission, March 25, 2009 Ms. Ohlson made a motion to continue the hearing to April 8, 2009. Ms. Stewart seconded. Vote was 5-0-0. Public Hearing, Notice of Intent, Mona DeAngelo, 14 Strawberry Hill Lane, DEP 270-547, RGB 2009-2, house, driveway, site work Present: Attorney Mark Favaloro, Paul Dewsnap, Steve Dewsnap, George Mariani, Mona DeAngelo, Karen Pomeroy (court stenographer) Ms. Pomeroy used recording equipment to take notes on the proceedings during the hearing, at the request of the applicant. Attorney Favaloro said he wanted to present whatever information was required in order to close the public hearing. He stated an opinion that the pond is not a vernal pool because it is not "confined" due to the presence of a clay outlet pipe. He submitted copies of an aerial photo view of the site to the Commission. Mr. Paul Dewsnap reviewed portions of two written sets of comments, each dated February 26, 2009 and submitted on March 17, 2009, in response to memoranda provided by Ms. Fink dated January 21, 2009 and February 5, 2009. His opinion was that the pond was not subject to protection under the Wetlands Protection Act (WPA). He also reviewed portions of a "Supplemental Runoff Volume Analysis" dated Februray 25, 2009, and submitted on March 17, 2009 His opinion was that the pond and watershed were too small to qualify as Isolated Land Subject to Flooding (ILSF) under the WPA (WPA). He submitted an Operation of Maintenance Plan to the Commission during the hearing. He reviewed site plan revisions in the proposed work concerning drainage, trees, limits of work, landscaping, and other areas. Mr. Tucker quoted the definition of ILSF from 310 CMR 10.00 and asked whether the condition of the clay pipe had been examined, and whether it was closed or clogged in any way. Mr. Wetzel asked for the inverts of the clay pipe. Mr. Dewsnap said he could provide that information. Mr. Wetzel noted that the Commission had not received copies of the runoff analysis: Mr. Dewsnap said he had only provided one copy to the Administrator. Ms. Fink said she had received one copy, and had made a copy of it for the Town Engineer. She had not received comments from the Town Engineer at this time. Mr. Dewsnap gave a copy to Mr. Wetzel and to Mr. Sullivan. Mr. Mariani reported that his company, Sanford Ecological, had conducted wildlife habitat studies on the site between 2002 and 2007, leading to decertification of the vernal pool by NHESP in 2007. In his opinion, the pool no longer presented any indication that it was inhabited by wood frogs. Mr. Greene asked whether Mr. Mariam had been aware in 2007 that the owner of 107 Walnut, where the pool is located, was under an Order from the Commission to restore habitat on his lot. Mr. Mariam said he was not aware at that time. Mr. Greene asked whether Mr. Mariani had evaluated the habitat at 107 Walnut in the past, and Mr. Mariani said that he had not. Mr. Greene provided the definitions of vernal pools from sections 11.03 and 11.07(2) of the Forest Cutting Practices Regulations (304 CMR 11.00) to the administrator for the record.. Mr. Greene read the four criteria for identifying vernal pools in the Reading Wetlands Protection Regulation, anyone of which qualifies a pond as a vernal pool and noted that the pond in this case has three of the four characteristics, only lacking certification from NHESP. Conservation Commission, March 25, 2009 Mr. Favaloro repeated the statement that the pool was decertified and that it is not "confined" because of the outlet pipe. Ms. Fink quoted from the 1997 and 2009 "Guidelines for Certification of Vernal Pool" by NHESP that vernal pools do not have a "permanently flowing outlet". Ms. Fink noted that the outlet in this case does not flow permanently because it is higher than the normal water elevation in the pond for most of the year. Thus, the outlet does not disqualify the pond as a "confined basin". Ms. Fink distributed an email from Leo Kenny who certifies vernal pools and a similar comment from Matt Burns who is also a recognized vernal pool expert, both agreeing with this opinion. She also distributed copies of letters, site visit reports, and phone conversation notes involving Mr. Mariani, NHESP, and the Commission during the time period from January 29, 2007 to August 13, 2007 to document the Commission's communications at the time that the decertification study was proposed and carried out. She questioned why the pool was decertified when the study documented the presence of five facultative invertebrate species, sufficient to qualify for certification under the NHESP Guidelines in place in 2007. She noted that the drainage analysis by Mr. Dewsnap shows that the volume of runoff conveyed to the pond would decrease as a result of the proposed development in all storm sizes except the one-year storm, which might affect the depth and duration of the pond. Mr. Mariam and Attorney Favaloro both read sections from letters written about this property by NHESP that addressed the issue that wood frogs were no longer present. Ms. Fink and Mr. Paul Dewsnap reviewed the drainage system in place for this neighborhood. Rob Culbert of 21 Strawberry Hill Lane gave his comments on the state of disrepair regarding 14 Strawberry Hill Lane and how it should be made safe for the neighborhood children. James Wilder of 19 Mapleridge Road gave his comments that 14 Strawberry Hill Lane is not in a state of disrepair and he did not worry about children in this area. The Chairman indicated the Commission needed time to review the materials and Ms. Fink indicated a revised site plan might be required, depending on the Town Engineer's comments Ms. Stewart made a motion to continue the hearing to April 8, 2009. Ms. Ohlson seconded. Vote was 5-0-0. 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, Curt Young, Robert Zeraschi Mr. Young noted that DEP had issued a recommended decision to find that the portion of Walkers Brook at the site is a canal. Mr. Roy reviewed the latest revisions of the plans for the project. Mr. Young reviewed the proposed landscaping plan and the delineation. He proposed adding off-site mitigation by removing a gravel driveway and planting next to the stream bank on a Town parcel nearby. Mr. Wetzel was concerned about grading. Mr. Roy addressed questions about drainage and was willing to change it, but would seek the Town Engineer's approval. Ms. Fink will get additional J->> information from Mr. Roy and then will prepare a draft Order of Conditions. Conservation Commission, March 25, 2009 Ms. Ohlson made a motion to continue the hearing to April 8, 2009. Ms. Stewart seconded. Vote was 5-0-0. Old/New Business: Kylie Drive, DEP 270-462, RGB 2005-41- Easement and covenant, Lot 5 Tom Hurley was present and submitted a draft easement for the swale. His lawyer is working on the covenant and trail easement. Mr. Hurley wants to begin setting erosion controls, removing earth stockpiles, and clearing on Lot 5. Ms. Ohlson made a motion to allow some preliminary site work as approved by Ms. Fink. Ms. Stewart seconded. Vote was 5-0-0. 188 Van Norden Road, DEP 270-541, RGB 2008-33 - Request for occupancy Ms. Fink did a site visit and there is a lot of cleaning that needs to done. They did not build the house or driveway that was shown on the submitted plan. She has contacted the builder and asked for an as-built so they can figure out a grading plan. 9 Gregory Lane, DEP 270-236, RGB 1991-10 - Grant of Conservation Restriction Ms. Fink has reached an impasse with the owner about entering the property for an inspection. Reading Memorial High School, DEP 270-416, RGB 2003-51 - Status of work Ms. Fink said Dave Capaldo contacted her and the list is being considered, but no exact plans or time frame has been formulated. Mattera Conservation Area - Policy for use of log cabin Ms. Fink distributed a rough draft to the Commission for their review along with a copy of other towns' rental policies. She is meeting with someone regarding a dedication of the handicapped trail and this might be combined with the dedication for the viewing platform. They are waiting to hear back from REI as to when they would be available. Earth Day plans The Commission made plans for their exhibit for Earth Day. 281 Main Street A new 21E report arrived. The site still has contamination that exceeds allowed standards. They will examine to see how far it has spread and determine if they will use excavation or treatment. 57 Lilah Lane The owner submitted a revised site plan. Ms. Stewart made a motion to accept the minor plan change. Ms. Ohlson seconded. Vote was 5-0-0. Minor Projects Ms. Ohlson made a motion to allow minor project of tree removal at 88 Timberneck Drive. Ms. Stewart seconded. Vote was 5-0-0. Ms. Stewart made a motion to allow minor project deck at 28 Catherine Avenue. Ms. Ohlson seconded. Vote was 5-0-0. Adjournment: Ms. Ohlson made a motion to adjourn the meeting. Ms. Stewart seconded. Vote was 5-0-0. 4