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HomeMy WebLinkAbout2009-01-21 Conservation Commission MinutesConservation Commission, January 21, 2009 RECEIVED TWIN CLERK MINUTES r k l Hi fl MASS- RE Reading Conservation Commission Meeting Selectmen's Meeting Room, 7:00 PM 200 F P 4, 31 Wednesday, January 21, 2009 Present: Chairman Mark Wetzel, Vice Chairman Bill Hecht, Barbara Stewart, Tina Ohlson, Doug Greene; Brian Tucker, Fran Fink - Conservation Administrator, Maureen Knight - Recording Secretary The meeting was called to order at 7:00 P.M. Old/New Business Boy Scout, Pat Gildea Pat Gildea submitted a proposal to build and install bat houses in various conservation areas. in the town. He explained how the bats would cut down on the number of bugs throughout the Town. The houses do not require cleaning because the bottom is open. He proposes to put them in areas that are used by the residents. He would like to complete this project within the next month and a half. Motion made by Mr. Hecht to approve the project. Ms. Ohlson seconded. Vote was 6-0-0. 134 Fairchild Drive - Proposed Grant of Conservation Restriction Kevin Simard, owner, asked the Commission to revised the Grant to allow one small structure, no more than 12' x 12', and subject to applicable permitting. His land surveyor will finalize the CR site plan. He will get all necessary plans to Ms. Fink within the next week. Ms. Fink said the language needs to be finalized and the revisions need to be made to the site plan before submitting the proposal to DCS. Motion made by Mr. Hecht to approve the modification to allow one small structure. Ms. Stewart seconded. Vote was 6-0-0. Benjamin Lane, DEP 270-466, RGB 2005-49 - Request for bond reduction Mr. Hecht said they did a site visit and the trees are doing well. He would favor reducing the bond. Motion made by Mr. Hecht to reduce the bond to $2,000 and to release $18,000. Ms. Stewart seconded. Vote was 6-0-0. Public Hearing, Notice of Intent, Massachusetts Highway Department, Causeway Road Depot, DEP 270-545, landfill capping, drainage, grading Present: Ken Leach and Andrea Norton, MHD, and Bill Beyer, engineer There is a draft order of conditions. The Mass Highway representatives reviewed the conditions that they wanted modified. The Commission was in agreement with their modifications. Motion made by Mr. Hecht to issue the Order of Conditions with the Findings and Conditions as amended this evening. Ms. Ohlson seconded. Vote was 6-0-0. Motion made by Mr. Hecht to close the hearing. Ms. Stewart seconded. Vote was 6-0-0. Conservation Commission, January 21, 2009 Public Hearing, Notice of Intent, James Morin, Saugusbank, 40 Sunset Rock Road, RGB 2009-1, drainage improvements Present: Jim Morin, Saugusbank, Kevin Petrillo, contractor, George Zambouras, Town Engineer Jim Morin presented the plans. This property had been under an Enforcement Order by the Commission to return the driveway back to its original configuration and to remove the shed. Mr. Morin proposed keeping the pavement and installing an infiltration system to offset the impervious cover. Mr. Hecht said he thought the drainage system was acceptable, and noted that the unpermitted shed had been removed from the site already. Mr. Greene questioned the use of TR-20 to calculate drainage characteristics for such a small area. Ms. Fink provided written comments dated 1/16/09, and raised question about new materials received on 1/20/09, including questions about the calculations, proposed roof drains, snow plowing, and the existing drain at the garage doors. The Town Engineer said the calculations and the plan are not consistent with each other and need to be reconciled with each other. Motion made by Mr. Hecht to continue the hearing to February 11, 2008. Ms. Stewart seconded. Vote was 6-0-0. Public Hearing, Notice of Intent, Bill Johnson, F.A.Y Homes, LLC, West Street between #508 and #522, RGB 2008-46, house, driveway, site work Present: Bill Johnson, applicant, Bernie Paquin and Andy Poiasek, engineers Mr. Paquin reviewed the changes that had been made in the proposed site plans. The house now will be about the same size footprint as what now exists on the adjoining lots. Grading and retaining walls have been revised, the oak tree can be saved in front, and the deck meets the 35' setback. Mr. Paquin reviewed the roof recharge system. Ms. Fink thought the plans were good and recommended requiring a structural design for the retaining walls and a construction sequence that considers access during initial grading. The Town Engineer was satisfied with the plans. Mr. Wetzel asked whether there would be a berm at the curb cut to keep street runoff from entering the site. Mr. Paquin said there would be. Jeff Young of 508 West Street wanted to know the height of the retaining wall. Mr. Paquin said it will increase up to 5'6" and then taper down. Mr. Young also said he would not mind removal of the oak tree in front. Mr. Wetzel said the health of the tree could be assessed next summer. Motion made by Mr. Hecht to continue the hearing to February 11, 2008. Mr. Greene seconded. Vote was 6-0-0. Public Hearing, Notice of Intent, Reading Public Works Department, Memorial Park, Charles Street and Harrison Street, RGB 2008-45, drainage, parking, sidewalks, recreational facilities, fences Present: Town Engineer, George Zambouras, Town Manager, Peter Hechenbleikner lr., Conservation Commission, January 21, 2009 Mr. Zambouras provided copies of the original plans for the skating area controls and drain pipes, and said he would submit more complete proposed plans soon. He expects to keep a walkway between the two skating areas and to move the basketball and volleyball courts to meet setback standards. He found some old plans related to the manholes west of the skating areas, but they are tentative, and field work is needed to understand this area better. There might be a pipe from the apartments at 1 Charles Street that conveys water to the manholes. One hole was dug next to one of the manholes to try to locate pipes, but they hit water about 18 inches down and stopped work. The water level at the manhole may be influenced by the present water levels in the skating areas. He is assembling information about the drainage systems associated with Charles Street, other nearby streets, and the park. He explained how they now flood the two skating areas during the winter months, and how they are proposing to change the controls. There was discussion about whether the skating areas and the low area around the manholes to the west should be considered wetland resource areas. Water stays on the surface in these areas at certain times, even after the skating ponds are drained. The snow cover in winter melts near the manholes. The plan for the park in 1919 shows the stream as an open channel from Charles Street to Salem Street and describes the valley along the stream with the label, "floodline, winter". The soil classification indicates a "wet substratum". The NOI proposes to install an underdrain system to make this area easier to mow and to use for audiences at the bandstand. Mr. Zambouras and Mr. Wetzel thought the area should not be considered a wetland, but other Commissioners and Ms. Fink thought additional information was needed. Because of snow cover, mowing, and frozen ground, the Commission may not be able to characterize the area until this spring. The Town Manager suggested that the proposed underdrain system be withdrawn from the NOI so that other proposed work could be allowed to proceed this spring. Mr. Zambouras was willing to take this approach also. John Cortese of 57 Harrison Street wanted to know whether, if the underdrain system was removed from the proposal, that would increase flooding on the north side of Charles Street in any way. He was assured it would not. Motion made by Ms. Stewart to continue the hearing to February 11, 2009. Mr. Hecht seconded. Vote was 6-0-0. Mr. Hecht left the meeting at this time. Public Hearing, Notice of Intent, 14 Strawberry Hill Lane, RGB 2009-2, house, driveway, site work Present: Mona DeAngelo, applicant, Attorney Mark Favaloro, and Paul Dewsnap, engineer Mr. Favaloro said the lot was subdivided in 1995. Ms. DeAngelo has filed NOI's in the past but was denied construction because of vernal pool habitat standards under RGB Section 5.7. The most recent denial is in litigation. The pool was decertified in 2007 by National Heritage, after the most recent denial was issued. Mr. Dewsnap described the property and reviewed the proposal. The flagged pond and vegetated wetland area is entirely off the property. The 25' inner buffer zone just touches the edge of the property. The lot slopes down about 16 feet from the street to the rear. They propose to build a 2700 s.f house, paved driveway, patio and associated grading and retaining walls. There are Conservation Commission, January 21, 2009 utilities in the street. They propose to relocate the existing drainpipe from the abutting lot and to remove the easement associated with the pipe. They proposed a drainage system to collect driveway runoff and convey it to the west. Mr. Greene gave a site visit report. Conditions were obscured by snow cover. He handed out copies of Section 3.J of the Reading Wetlands Protection Regulations, the performance standards for vernal pool habitat, along with a copy of the 2007 field study report that led to decertification of the vernal pool. He interpreted the information in the report to support a finding that the pool and surrounding area provide vernal pool habitat as defined in the regulations, because it has the physical characteristics, the absence of fish, and the presence of certain invertebrate indicator species. Ms. Fink reviewed her memo that was submitted to the Commission. Ms. Fink said the Commission might want to re-examine the area in the spring. She said this proposal does not appear to meet present zoning regulations for either lot size or frontage, and the owner would be required to apply for a Variance from the Zoning Board of Appeals. She raised questions about the proposed drainage design and its likely impact on the volume of water reaching the pond. More information is needed about the terms of the existing drainage easement. NHESP has proposed changes in their vernal pool certification guidelines, and the public comment period is underway. The final version will not be published until February or later. She advised consulting Town Counsel on the vernal pool status. Mr. Wetzel said the Commission has to balance between the rules and what might be best for people. Ms. Stewart said there are so many questions that still need to be answered so the vernal pool discussion should be continued to a later date. Attorney Favaloro said National Heritage sent a letter saying the vernal pool has been decertified. The law of the case is now that this pond is not a vernal pool and if the Commission feels otherwise the burden is on the Commission to prove this. The property owner, Mona De Angelo of 15 Strawberry Hill Road, said she had never seen a frog in the area, and asked whether she could count on the decertification. James Wilder of 19 Maple Ridge Road said past construction and history should be considered and he was concerned about any new drainage into his back yard. Mr. Dewsnap said he could address issues about drainage and grading. Motion made by Ms. Stewart to continue the hearing to February 11, 2009. Ms. Ohlson seconded. Vote was 6-0-0. Public Hearing, Notice of Intent, Robert Zeraschi, 10 Torre Street, DEP 270-538, RGB 2008- 35, day care center, parking lot, drainage, and grading This hearing is postponed to February 11, 2009 at the request of the applicant. Public Hearing, Notice of Intent, Madlyn Fafard, Lot 49 Azalea Circle, RGB 2008-38, new house and driveway. This hearing is postponed to April 8, 2009 at the request of the applicant. Conservation Commission, January 21, 2009 Old/New Business Associate Member Brian Sullivan, 28 Salem Street, had been in attendance since the beginning of the meeting. He introduced himself and said that he was interested in becoming an Associate Member. He is an engineer by profession. He had previously applied for the vacant seat taken by Brian Tucker. The Commission noted that Associates are not authorized to vote on Commission decisions and must abide by the open meeting and conflict of interest laws. Their roles depend on their areas of interest and expertise, and the needs of the Commission. The Commission described various activities that Mr. Sullivan might want to get involved in. Motion made by Ms. Stewart to approve Brian Sullivan as an Associate Member of the Conservation Commission. Mr. Tucker seconded. Vote was 6-0-0. 39 Walkers Brook Drive, DEP 270-494, RGB 2006-37 - As-built plans, request for Partial Certificate of Compliance Ms. Fink submitted a written list and received some information back regarding how much vegetative material is on the riverfront. They are short of what they should have provided. The Commission can't certify anything at this point in time without additional information. Kylie Drive, DEP 270-462, RGB 2005-41- Revised plans and covenants, status of work Lot 6: The contractor sent some information but not the engineer. Ms. Fink has not had a chance to compare with the proposed plan, and she wants some additional information. Lot 8: Owners are seeking occupancy. Ms. Hanson, owner, was asked to revise the easement document for the swale, but there were still some typos. The grading is not located within the easement. The contractor said he would bring in the revised grading plan. There are still questions about the covenant. 285 Main Street - ZBA Special Permit request Ms. Fink attended the ZBA hearing, provided a memo and an oral presentation. The Board asked for comments more specific to Zoning. Ms. Fink gave out a draft of such comments, to be acted on during the next Commission meeting. 9 Gregory Lane - Proposed Conservation Restriction Ms. Fink received official comments back from DCS but has not had time to thoroughly review yet. She will forward them to the owners and to Town Counsel. 1381 Main Street, Enforcement Order - Request for extension Mr. Wetzel said the owner had asked for an extension regarding the removal of the asphalt that was installed as well as the drywell. Motion made by Mr. Wetzel to grant an extension until May 1, 2009 for the asphalt removal, sealing the catch basin, and surveying the impervious cover. and May 31, 2009 for the loam and seed. Other deadlines remain the same. Ms. Stewart seconded. Vote was 5-0-0. Mattera Conservation Area - Building improvements, open house plans There was a plumbing malfunction and water had to be mopped up. The furnace needs to be replaced and there are also leaking pipes. There are space heaters in place to prevent further damage. Attempts are being made to find available money for repairs. The Town was considering an open house to showcase the building to groups. Conservation Commission, January 21, 2009 Proposed changes in vernal pool certification process by NHESP Natural Heritage has published proposed revisions in the guidelines for certification of vernal pools. The revisions will make it more challenging to obtain certification. They are also proposing an appeal/decertification process, but have not provided much detail. The Commission asked Ms. Fink to send comments to NHESP. Annual Report for approval: Motion made by Ms. Stewart to accept the 2008 Annual Report as drafted. Ms. Ohlson seconded. Vote was 5-0-0. RMHS The Commission reviewed a letter from the Town Manager concerning plans to be done this spring for the Riverfront restoration in Imagination Station. 22 Roma Lane, Enforcement Order The Commission noted that the deadline had passed for the planting plan. A reminder will be sent to the owner. Endangered Species Habitat The Commission made preliminary plans for field work to document the presence of endangered species in the habitat area that was removed from the NHESP map last October. 6