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HomeMy WebLinkAbout2005-12-14 Conservation Commission MinutesMinutes, Reading Conservation Commission, December 14, 2005 Minutes of the Reading Conservation Commissi RECEIVED Selectman's Meeting Room, Town Half R . DING, December 14, 2005 a~ 30 P 3_ Present: Bill Hecht, Doug Greene, Steve Goldy, Becky Long ey, ark Wetzel, Will Finch, Jamie Maughan (late) Commissioners; Fran Fink, Administrator The meeting was called to order at 7:00 p.m. 31 Old/New Business 40 Sunset Rock Road - Enforcement Order Present: Charlene Connors, owner, Richard Cutter, her attorney, Mr. Connors, her father Mr. Cutter submitted photos of Wood End School driveway and Sunset Rock Lane during a rain storm. He said Ms. Connors was not aware of the paving prohibition in the Order of Conditions for the subdivision when she bought the house. He said Mr. Connors uses a wheelchair and needs pavement to access cars. Ms. Connors said she has health care workers coming in and has had trouble getting sno plow service. She said she was aware of the conservation restrictions on the site but not the particular detail about paving the driveway. - Mr. Hecht asked whether she filed a Notice of Intent before paving the driveway. Ms. Connors said no. Mr. Hecht asked why she did not contact the Commission when she first received the violation notice in August? She said she was busy with her father. Mr. Hecht noted that she could have called, and Ms. Connors agreed. Mr. Hecht asked why she had not answered the violation notice. Ms. Connors said that she did not have an answer and she apologized. Mr. Hecht stated that the driveway clearly had been paved in violation of the wetland laws and the conditions of the Order of Conditions issued for sunset Rock Lane Subdivision, and that Ms. Connors has not responded. Ms. Connors said that she sent a letter in September. Mr. Hecht noted that it is December and this is the first time she has appeared before the Commission. Mr. Hecht asked whether Ms. Connors knew about pervious paving materials. Ms. Connors said that she did not know about them. Mr. Hecht said that, if she had contacted the Commission or Conservation Administrator before paving, we could have worked with her on a design that would meet both her needs and the wetlands protection standards. Mr. Greene asked whether there were any areas on the site where mitigation could be provided. Mr. Cutter said that they could put a berm along the driveway to direct water to Minutes, Reading Conservation Commission, December 14, 2005 the area in front of the garage doors that has the original pervious pavers and a trench drain. Mr. Greene said that he was looking for some other part of the site where impervious cover could be removed. Ms. Fink showed everyone the site plan for the property that was approved under the Order of Conditions. She noted the conditions in the Order that placed the restrictions on the surface of the driveway on this lot, and also the condition that, at the time of sale of any lot, the original owner had to provide the new owner with a copy of the Order. The Order also states that subsequent owners are subject to all conditions. Ms. Fink also noted that the Order was issued to Peter DeGennaro, that Mr. DeGennaro is listed as residing at 40 Sunset Rock Lane on the Town Clerk's Street List, and that Mr. DeGennaro is known to be conducting a business on the premises. She also noted that Ms. Connors was employed by Mr. DeGennaro during construction of the subdivision and had corresponded with Ms. Fink more than once about the subdivision. Mr. Cutter said that Ms. Connors would be willing to file a Notice of Intent and add drainage improvements to the property that would offset the increase in impervious cover.. Ms. Connors said that pervious pavers would not work with the wheelchair. Ms. Fink suggested that an on-site detention basin could be added to detain runoff and prevent downstream flooding. The Commission discussed this idea, and concluded that it would require a Notice of Intent and a design by a Registered Professional Engineers. Mr. Finch noted that Ms.. Connors should have been aware of the paving restriction. He said he would prefer to see a pervious surface, and that there are other gravel driveways in Reading that do have snow plow service. Ms. Longley moved, Mr. Wetzel seconded to extend the deadline in the Enforcement Order to January 26, 2006 and to require Ms. Connors either to remove the impervious pavement by then or to file a Notice of Intent for a mitigative drainage detention and infiltration system as discussed this evening. Mr. Greene noted that another option would be to remove part of the pavement, and keep the pavement only where needed for wheelchair access between the house and the garage area. The vote was 4-2 and the motion carried. 10 Torre Street - Notice of Violation Present: Robert Zeraschi, owner Mr. Hecht presented a site visit report. He noted that pink flags had been set along the bank of Walkers Brook, and that a number of recently cut tree stumps were visible above the snow cover. 2 Minutes, Reading Conservation Commission, December 14, 2005 Ms. Fink presented a site visit report from the day when the trees were cut: The owner, surveyor, and tree cutting company were present and acknowledged having cut many trees. Ms. Fink also reported that she and the Building Inspector had talked with Mr. Zeraschi in November, when he had come to the offices in Town Hall to obtain information about permit requirements. She had informed Mr. Zeraschi at that time about the presence of Walkers Brook and the requirement to file a Notice of Intent for work on the site. Mr. Zeraschi acknowledged that he remembered the November conversation, but did not think it applied to cutting trees. Mr. Wetzel noted that some of the stumps appeared to be near the lot lines. Mr. Greene asked whether Mr. Zeraschi was going to file a Notice of Intent. Mr. Zeraschi said yes, for a day care center. Mr. Greene said that the site plans would have to include restoration, including new trees, in the inner Riverfront Area. Mr. Zeraschi agreed to include this. Ms. Fink asked when Mr. Zeraschi would have the Notice ready to file. Mr. Zeraschi said by late January, noting that the building design is a standard from the franchise company. Mr. Hecht asked that he file by January 26, 2006, so that the hearing could begin on February 8. Mr. Zeraschi agreed to this time frame. Mr. Finch noted that if the standard design does not fit the site, it will need to be modified to comply fully with the Riverfront and Buffer Zone performance standards. Ms. Fink asked Mr. Zeraschi to keep the Commission informed if he anticipated any trouble in filing by Janaury 26. She also noted that the Commission might pursue the tree cutting with an Enforcement Order or other means if the Notice of Intent was not received in a timely fashion. Public Hearing, Abbreviated Notice of Resource Area Delineation, 186 Van Norden Road, DEP 270-463, RGB 2005-43 Present: Libby Wallis, several abutters. Mr. Hecht recused himself as an abutter. Ms. Fink presented a site visit report from Mr. Finch, and an email message from Leo Kenney concerning vernal pool potential at the site. Ms. Wallis stated that the owner had no further information to present and requested the Commission to issue an ORAD based on the information in the record. The Commission reviewed draft Findings and made revisions. An abutter, Leonard Morrison asked for an explanation of certain Findings, and Ms. Fink explained their meaning. She also noted that no work is permitted by the ORAD, and that abutters would be notified in and when a Notice of Intent was filed. l` Mr. Greene moved, Mr. Finch seconded to close the public hearing. Vote 5-0. Minutes, Reading Conservation Commission, December 14, 2005 Mr. Finch moved, Ms. Longley seconded to issue the Order of Resource Area Delineation with the Findings as amended this evening. Vote 5-0. Mr. Hecht returned to the meeting. Public Hearing, Notice of Intent, 12, 22, and 28 Pondview Lane, RGB 2005-46, Present: Rich Bova, contractor for Anthony Clemente The Commission reviewed a revised site plan dated 12/14/05 and heard site visit reports. Ms. Fink said that there were no comments from NHESP yet, and no file number from DEP. The Commission reviewed draft Findings and Conditions and amended them. Mr. Greene moved, Mr. Finch seconded to close the public hearing. Vote 6-0. Mr. Greene moved, Ms. Longley seconded to issue an Order of Conditions with the Findings and Conditions as amended, pending receipt of NHESP comments and DEP file number. Vote 6-0. Public Hearing, Notice of Intent, Kylie Drive Subdivision (150,160 and 166 Wakefield Street), DEP 270-462, RGB 2005-41 Present: John Ogren and Brad Latham for Deer Run Developers, Inc. Also, Jamie Maughan arrived for the hearing. The Commission reviewed draft Findings and Conditions and amended them. Mr. Finch moved, Ms. Longley seconded to close the public hearing. Vote 7-0. Ms. Longley moved, Mr. Greene seconded to issue an Order of Conditions with the Findings and Conditions as amended. Vote 7-0. Public Hearing, Notice of Intent, 522 Summer Avenue, RGB 2005-47 Present: Ronald Record, Jr. Mr. Hecht and Ms. Fink gave a site visit reports, noting new wetlands delineation flagged on site. The Commission requested a revised site plan showing the new flag lines and showing proposed work meeting setbacks. They also requested design specifications for the retaining walls. Mr. Maughan moved, Mr. Goldy seconded to continue the public hearing to January 25, 2006. Vote 7-0. Public Hearing, Notice of Intent, 26 Rear Summer Ave., DEP 270-454, RGB 2005-27 Present: Kevin Fulgoni, Lisa Mead, Libbie Wallis, Michele Sateriale Mr. Hecht noted that the Commission had confirmed the bordering vegetated wetlands boundaries during the previous hearing session. Minutes, Reading Conservation Commission, December 14, 2005 Ms. Mead asked the Commission to act on the request for a Variance to allow the parking lot on Willow Street, and to determine that the stream is intermittent in the site. Ms. Wallis submitted a letter dated December 7, 2005 concerning the Aquifer Protection District boundary and stream characteristics. The Commission examined the maps on record, site visit reports concerning observed stream flow, and other information in the record. Mr. Maughan moved, Ms. Longley seconded to grant a Variance from all pertinent sections of the Reading Wetlands Protection Regulations to permit the driveway on Willow Street as shown on the site plan, provided that the proposed Grant of Conservation Restriction is executed as mitigation. Vote 4-3, the motion carries. Mr. Finch moved, Mr. Maughan seconded to determine that the entire course of the South Branch of the Aberjona River within the site is perennial. Vote 1-6, the motion fails. Mr. Maughan moved, Ms. Longley seconded to determine that the South Branch of the Aberjona River is perennial on the west side of West Street. Vote 4-3, the motion carries. Mr. Finch moved, Mr. Greene seconded to determine that the South Branch of the Aberjona River is perennial within the site beginning at Flag #16. Vote 3-4, the motion fails. Mr. Greene moved, Mr. Finch seconded to determine that the foundation of the proposed house is located in the Aquifer Protection District but the existing house at #26 Summer Avenue is outside the District. Vote 5-2, the motion carries. Mr. Maughan moved, Mr. Wetzel seconded to continue the public hearing to January 11, 2006 at 7:45 to consider a draft Order of Conditions. Vote 7-0. Public Hearing, Notice of Intent, Piper Glen Lane Subdivision (335 Main Street and 15 Avon Street), RGB 2005-49 Present: Jack Sullivan, engineer, Steve Eriksen, wetlands consultant, for Vale Realty Trust, Inc., applicant, representatives of Elstan Realty Trust, owner of 335 Main Street, and several abutters Mr. Sullivan presented site plans for a proposed subdivision with three new lots and a fourth lot where the existing house at 15 Avon Street will be retained. Three wetlands were delineated in an ORAD recently. The plan is also under review by CPDC. Mr. Sullivan described soils test results, drainage design, long-term maintenance, proposed wetland filling and replication, history of dumping on site and invasive species, proposed planting, and other aspects of the design. Commissioners asked questions about the progress of invasive species removal by Elstan Realty Trust under their recent Order of Conditions. Work is not complete. Mr. Eriksen said additional invasive species removal could be provided with the subdivision. Minutes, Reading Conservation Commission, December 14, 2005 Commissioners asked about the proposed filling and replication, impacts on groundwater elevations, floodplain impacts and mitigation, grading to abutting lots, and drainage design details. Mr. Sullivan responded and also offered to provide additional information. Mr. Mistry, abutter, 315 Main Street, stated concerns about impacts of the drainage proposal on flooding and groundwater elevations at his property. He has existing problems with groundwater in his building. He asked for a copy of the drainage analysis. He would prefer to have the detention pond in the north end of the site. Ben Nichols, 25 Avon, reported ponding in the isolated wetlands where fill is proposed. He has submitted photos to the Commission, and also has a sump pump in his basement. He also raised questions about a previous permit application by an abutter, Mr. Gallo. Joe Westerman, 37 Avon, also spoke about drainage concerns. Mr. Sullivan answered the abutters' questions and will provide a copyof the drainage analysis to Mr. Mistry. The Commission asked for a groundwater mounding analysis to be provided. Mr. Sullivan asked about the present condition of the dry well system at 315 Main Street. Ms. Fink distributed written comments and a memo from the Town Engineer for all to review. Mr. Maughan moved, Mr. Greene seconded to continue the public hearing to January 11, 2006 at 8:00. Vote 7-0. Old/New Business: Meeting Dates for 2006 The Commission set the following dated for meetings in 2006: Jan. 11 and 25, Feb. 8 and 22, Mar. 8 and 22, Apr. 12 and 26, May 10 and 24, June 14 and 28, July 12 and 26, Aug. 9 and 23, Sept. 13 and 27, Oct. 11 and 25, Nov. 8 and 29, and Dec. 13. Reading Memorial High School, DEP 270-416, RGB 2003-51 The Commission reviewed the status of work on the site, and a recent news article concerning discussion about the site at a School Committee meeting. The Commission was not notified that the Committee would discuss the High School and the Commission's role in the construction. The reporter did not contact the Commission for comments before publication. The Commission will send letters to the School Committee and the newspaper reporter asking for better inclusion in future. 23 Criterion Street, DEP 270-441, RGB 2005-7 The Commission signed the Partial Certificate of Compliance as voted during the meeting on November 30, 3005. Minutes, Reading Conservation Commission, December 14, 2005 Town-wide Order of Conditions, DEP 270-351, RGB 2001-1 Mr. Maughan moved, Mr. Greene seconded to issue an Extension Permit for the Order permitting water and sewer maintenance activities for an additional 3 years. Vote 7-0. 105 Belmont Street, Determination of Applicability, RGB 2005-39 Mr. Finch moved, Mr. Goldy seconded to authorize sign-off on the request for a Certificate of Occupancy. Vote 7-0. Archstone Reading, West Street The Commission will send a letter to Archstone concerning the status of work. Due to the lateness of the hour, the meeting was adjourned at 11:15 without taking up any other matters on the agenda. 7