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HomeMy WebLinkAbout2008-09-10 Conservation Commission MinutesConservation Commission, September 10, 2008 Minutes - Reading Conservation Commission Meeting Selectmen's Meeting Room, 7:00 PM u W Wednesday, September 10, 2008 R N l CLERK E f,' DING, M SS- Present: Chairman Mark Wetzel, Vice Chairman Bill Hecht, Barbara Stewart, Annika Scanlon, Doug Greene (late), Fran Fink, Conservation Administrator, Maureen#4tcRin9 18 Secretary The meeting was called to order at 7:00 P.M. Old/New Business V At t~( Andrew McDonagh, potential Eagle Scout, wants to build a trail from Maplewood Village to Harvest Road. He has already put out stakes and orange thread to stake it out. He wants to clear it out and make a trail with a sign on either end. He also wants to put down woodchips but the Administrator said if he puts woodchips in the wet areas, they could float away. Mr. McDonough will meet with Mr. Wetzel on-site for a walk-through. Motion made by Mr. Hecht to accept the proposal as presented. Ms. Stewart seconded. Vote was 5-0-0. Public Meeting, Request for Determination of Applicability, Edward T. Moore, 57 Longwood Road, RGB 2008-39, new house and driveway Present: Robert Gargano represented Mr: Moore. A previous Determination for house and driveway construction had expired. Mr. Gargano presented the same plans as in that case. The Commission noted that the previous Determination identified trees to be preserved along the sides and rear of the lot and asked for the same in this case. The Commission reviewed draft Findings and Conditions. Mr. Tony Covino, abutter on Kelch Road, asked questions about the use of Kelch Road for heavy trucks. Mr. Gargano said access would be over Longwood. The Chairman said the police are monitoring the use of Kelch Road in connecting with the CPDC approval of Johnson Woods. Bob Case, abutter on Longwood Road, wanted to know what the time frame was for construction. Mr. Gargano did not have a date yet, but noted the Determination was valid for 3 years. Motion made by Mr. Hecht to accept a negative Determination of Applicability with the Findings and Conditions as drafted. Ms. Scanlon seconded. Vote was 4-0-0. Public Hearing, Notice of Intent, Saunders Mishkin, 281 and 285 Main Street, DEP 270-540, RGB 2008-34, hazardous waste removal No one was present for the applicant, and no abutters made comments. The Commission reviewed a letter from the engineers at Geolusight. The Commission reviewed draft Findings and Conditions. Mr. Greene arrived during the hearing and abstained from voting. Motion made by Mr. Hecht to issue an Order of Conditions permitting the work with the Findings F and Conditions as drafted. Ms. Stewart seconded. Vote was 4-0-1. Motion made by Mr. Hecht to close the public hearing. Ms. Stewart seconded. Vote was 5-0-0. Conservation Commission, September 10, 2008 Public Hearing, Notice of Intent, Al Couillard,186 Van Norden Road, DEP 270-541, RGB 2008-33, demolish existing house and build two new houses Present: Al Couillard, applicant, Norman Brown, Engineer Mr. Hecht recused himself because he is an abutter. Mr. Brown gave out a`revisedsite plan and described soils test information, drainage plans, limits of work, and trees to be saved. The Commission reviewed draft Findings and Conditions and made revisions. Motion made by Ms. Scanlon to close the public hearing. Ms. Stewart seconded. Vote was 4-0-0. Motion made by Ms. Scanlon to issue an Order of Conditions permitting the work, with the Findings and Conditions as amended this evening. Mr. Greene seconded. Vote was 4-0-0. Public Hearing, Notice of Intent, Randall and Susan Kneeland, 68 Longwood Road, DEP 270- 542, RGB 2008-36, addition to house The Commission postponed the hearing to October 1, 2008 at the request of the applicant. Public Hearing, Notice of Intent, Madlyn Fafard, Lot 49 Azalea Circle, RGB 2008-38, new house and driveway Jeff Roelofs, lawyer, and Don Seaberg, engineer, represented Ms. Fafard. Mr. Roelofs presented the site plan for a house and driveway. He explained that this Notice of Intent is only being filed under Reading General Bylaws, Section 5.7 because there is a valid Superseding Order of Conditions under the Wetlands Protection Act. He reviewed the previous permitting history and legal appeals under both wetlands and zoning regulations for this site. The final zoning appeal was resolved in 2005. A previous Order of Conditions under RGB s. 5.7 was not extended past 2006. He noted that the new NOI plan removes a garage and adds ZNV bounds and proposed plants. Mr. Hecht asked whether this is a new application. Mr. Roelofs said yes. Mr. Wetzel noted that the Commission is not bound by the.previous decision. Mr. Wetzel asked about the status of the Order of Conditions for the abutting Lot 50. Mr. Roelofs said the Order was extended and is currently valid under the WPA and RGB S. 5.7. Ms. Fink distributed a memorandum and reviewed the questions and concerns raised, including setbacks, utility routes, wetlands delineation, shared driveway, and other issues. She recommended a follow-up site visit with the wetland delineator to review the flagging. She noted that both lots could be combined and the applicant could build just one house that would meet the regulations required by the Town. Richard Nazzarro of Carnation Circle raised concerns about tax bills that affected Greenhouse Acres Condominium, use of the sewer lines in the condominium and potential conflicts with existing drainage pipes, and drainage and water problems in the area. He asked whether the applicant has a utility easement in the condominium property, and noted that they would require a bond and other assurances that disturbed areas would be restored after work . He opposed building so close to the wetlands. 2 Conservation Commission, September 10, 2008 Scott Miller of Carnation Circle questioned the differences between state and local by-laws and the Chairman explained differences, including the Buffer Zone preservation and setback, standards, to Mr. Miller. Mr. Miller also mentioned past releases of hazardous materials when the applicant built the condominium. The Chairman said past incidents could not be held against the applicant, but the decision could include conditions to prevent and respond to future spills. Kevin Kelleher of Carnation Circle wanted to know what would happen if the flood plain were violated and how this would relate to their insurance costs. Mr. Greene said FEMA has a process for amending the Flood Insurance Rate Map. Ms. Fink said the wetlands standards require compensatory flood storage if a floodplain is altered. David Ellis, whose mother lives at Carnation Circle, raised questions about the drainage calculations, pipe materials, easements, status of other approvals, wetlands delineation, possible presence of a vernal pool in the wetland, details missing from the site plan, trees to be removed, groundwater elevations. He presented a petition signed by residents of the neighborhood. He said he had requested a copy of the NOI but had not received all items. Mr. Wetzel and Mr. Greene expressed concern about the proximity of the house to the wetland. Mr. Wetzel asked for the locations of trees to be cut and that they be flagged on site. Motion made by Mr. Hecht to continue the hearing to October 22, 2008. Ms. Stewart seconded. Vote was 5-0-0. Public Hearing, Notice of Intent, Robert Zeraschi, 10 Torre, DEP 270-538, RGB 2008-35, day care center, parking lot, drainage, and grading The Commission postponed the hearing to October 1, 2008, at the request of the applicant. Public Hearing, Notice of Intent, Helen Arloro,1310 Main Street, DEP 270-522, RGB 2007- 39, remove septic system, install water and sewer service, additions to house Present: Ben Osgood, engineer, and Helen Arloro, applicant Ms. Arloro said her aunt, the owner of the property, would not allow any walking trails or a Conservation Restriction on the land. The site plan had not been revised since the last hearing. The owner is elderly and needs caregivers to stay in her home. The changes to the house are to accommodate wheelchair access and the caregiver. She asked whether the garage could be expanded into the breezeway, rather than towards the wetlands, and the Commission was willing to do this. The addition on the western side of the house would still not meet the 35' setback. The Commission reviewed the Forestry Management Plan and 61B status of the site, which provide certain public benefits and protections. They noted that the Town has first refusal if the property is put up for sale, and that the presence of vernal pools gives the Commission significant regulatory authority. They also said they appreciated that this lot had remained in its natural state due to the efforts of Ms. Arloro's aunt. They noted that the addition would be in an existing lawn area and would not require tree clearing. The Commission asked for site plan revisions. Motion made by Mr. Hecht to continue the hearing to October 1, 2008. Mr. Green seconded. Vote was 5-0-0. Conservation Commission, September 10, 2008 Old/New Business: Benjamin Lane, DEP 270-466, RGB 2005-49 - Request for occupancy and Partial Certificates of Compliance for Lots 2 and 3 The Commission reviewed site visit reports. On Lot 2, the developer had hydro-seeded but nothing has come up yet. The wood chips had been spread out but not removed from the forested area on Lot 2. The driveway had not yet been paved. The erosion control has been removed. The concrete patio is still under the deck.. Grading is too steep at the southern lot line. As-built plans had not been provided. The Commission will ask for additional work before considering occupancy. On Lot 4, a maple tree had fallen near the house and the Commission had talked to the owner about tree removal permits. On Lot 3, conditions were stable but incomplete. Motion made by Mr. Hecht to authorize the Administrator to sign off on the request for occupancy for Lot 3. Mr. Wetzel seconded. Vote was 5-0-0. Kylie Drive, DEP 270-462, RGB 2005-41- Revised plans, status of work Ms. Fink gave a site visit report. There were some hay bales and crab grass was coming up. Dirt is on the street and you can't see the catch basin. Motion made by Mr. Hecht to assess a fine for failure to meet deadlines on erosion controls. Ms. Stewart seconded. Vote was 5-0-0. The Commission set a new deadline of September 18 and then will issue daily fines if the response is not completed. Johnson Woods, DEP 270416, RGB 2004-10 -Status of work Mr. Hecht gave a site visit for 101 Longwood. Mr. Savarino has not completed much of the work requested in June to stabilize the site and remove intrusions in the ZNV and wetlands. The Commission will send a letter with a deadline of September 28, 2008, for completion. Reading Memorial High School, DEP 270-416, RGB 2003-51- Plant report, plan revisions, drainage inspection report, Riverfront Area design, status of track construction Mr. Wetzel gave a site visit report, Several areas are eroding and there is a large puddle under the bleachers. Ms. Fink listed other areas that need to be finished off according to the specifications of the plans. The Commission spoke at length about their dissatisfaction with the response from the School Department and contractor. The Chairman will write a letter to the School Committee. Archstone, West Street, DEP 270-412, RGB 2003-46 - As-built information and maintenance report Mr. Wetzel gave a site visit report and noted staining around a drain manhole by Building 6. Ms. Fink will schedule a site visit, review the status of work, and prepare a punch list. 1 General Avenue, DEP 270-428, RGB 2004-22 - As-built plans, punch list, reports Mr. Hecht said the plantings on the stream banks were very well vegetated with flowers. Ms. Fink sent Ms. Danis a letter containing a punch list of what the Commission needs. Ms: Fink will do a site visit. 30 New Crossing Road, RGB 2006-34 - As-built plans, request for Certificate of Compliance Nothing new submitted. Conservation Commission, September 10, 2008 39 Walkers Brook Drive, DEP 270-494, RGB 2006-37 - As-built plans, request for Partial Certificate of Compliance Nothing new submitted. 72 Van Norden Road, Conservation Restriction - Request to cut trees Mr. Hecht said the owner marked two small trees in the front and one large double trees in the back for removal. He recommended only cutting dead limbs from the latter. Motion made by Mr. Hecht to allow owners to remove the two smaller trees in the front and to limb the large double tree in the back, but not remove it. Ms. Stewart seconded. Vote was 5-0-0. 445 Pearl Street, Enforcement Order - Status of work The Commission has requested a schedule but it has not been submitted. Ms. Fink issued the first fine. The Commission directed her to issue additional daily fines. 281 Main Street - Immediate Response Action Plan The report has been submitted and a site visit is scheduled. Trail Committee - Draft documents for adopt-a-trail program Mr. Hecht said the documents seemed in order. Mr. Greene provided a description of the proper way to limb trees. Ms. Steward asked for definitions of terms such as "treadway" and "brushing". Ms. Scanlon suggested more information about invasive plant species and controls. Ms. Fink will work with the Trail Committee on the final draft. Site Visit Reports: Burbank Arena is doing their preconstruction meetings. 15 Timothy Place is still mowing in the Zone of Natural Vegetation. The Commission will send a letter, order that mowing cease, and request a restoration planting plan. Minor Proiects• 43 Mark Avenue has a shed on their lot outside the wetlands. Motion made by Mr. Hecht to accept the Minor Project Permit. Ms. Stewart, seconded. Vote was 5- 0-0. 34 Plymouth Road Motion made by Mr. Hecht to accept the Minor Project Permit for a deck. Ms. Stewart seconded. Vote was 5-0-0. 8 Walkers Brook Drive, DEP 270-525, RGB 2008-3 The Commission approved the cutting of two dead trees in the southeastern corner of the lot, provided that a new tree is planted to mitigate the loss. - 287 Lowell Street The Commission will contact the owner about on-going mowing beyond the limits of work. Meeting adjourned.