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HomeMy WebLinkAbout1998-09-23 Conservation Commission Minutes.33 I i ~~SV,.1. READING CONSERVATION COMMISSION Minutes of Wednesday, September 23,1998 Town Hall Selectmen°s Meeting Room PRESENT: Chair Nancy Eaton, Members Stephen Chapman, Harold "Lucky" Hulse, John Casciano, Kathy Smith, Consultant Leo Kenney, Conservation Administrator Donald Nadeau and Recording Secretary Kathy Morgan ABSENT: Will Finch, Mark Gillis 7:08 PM The meeting was called to order. 7:10 PM Minutes A motion was made and seconded to accept the minutes of 8/19/98, as amended. Voted: 5-0-0. A motion was made and seconded to accept the minutes of 8/25/98, as corrected. Voted: 5-0-0. 7:15 PM Town Manager, Peter Hechenbleikner, was present at the meeting asking for members comments with regards to the Town Planner's position he is planning to fill by 12/1/98. Chair commented that she was disappointed that it would take that long to fill the position because the department is currently under staffed requiring the Administrator to assist at the counter. Members felt that the position of department head would help get a higher caliper individual and would also help the department run better. It was also felt that hiring an individual with some knowledge of conservation issues and the regulations relating to this area would be helpful. Chair mentioned some other projects to the Town Manager such as: the bedrock well plan, the Pitman bike path and the Symonds Way Ball Field. She also stated that there is often broken lines of communication between the Board of Selectmen and Conservation. Mr. Hechenbleikner said that he would like to come to another conservation meeting and discuss those and other issues. He did mention to the Commission that three billboards in town were coming down in exchange for one at the Woburn/Reading line and land in the area of Kurchian Woods would be donated to conservation, if approved by Town Meeting. 7:40 PM Continued Public Hearing - Sanborn Ln, 51/167 DEP# 270 xxx, RGB# 1998-20 A motion was made and seconded to continue the hearing to 7:30 PM on October 21, 1998, at the request of the proponent. Voted: 5-0-0. 7:43 PM Minor Project Tot 9 Sunset Rock Mr. DeGennaro would like approval to remove a pine tree 83' off the wetland line. His previous plans were to run the water and utilities under the tree but now feels this may damage the root system of the tree and cause the tree to die. He explained that there are several small pines in the area. S. Chapman stated that he is opposed to taking trees down. He felt the lot was a marginable building _ _ lot. L Kenney felt there have been too many trees taken down already. Reading Conservation Commission Minutes of 9/23/98 Page 2 S. Chapman asked if there have been any possible easements looked into. Mr. DeGennaro said they couldn't go on the other side of the tree either. A motion was made and seconded to accept tree removal. Voted: 0-4-1, Mr. Hulse abstained. Motion failed. S. Chapman stated he would not want there to be any root or tree damage when installing the utilities. 8:03 PM Certificate of Compliance Lot 5 (#30) Duck Rd DEP# 270-250, B# 1992-20 Chair read the observations made at the site visit; stone wall moved, additional loam put in and revegetated, one shrub dead. S. Chapman noted substantial habitat. A motion was made and seconded to issue a partial Certificate of Compliance. Voted: 5-0-0. 8:10 PM Vote/sign Amended Order - Lot 12 Cory Lane DEN 270-287, RGB# 1996- 112 motion was made and seconded to accept and issue as corrected and amended an amendment to the order. J. Casciano mentioned renumbering the findings for clarity. Maker of the motion approved of the amendment as did the seconder. Voted: 5-0-0. 8:30 PM Public Meeting - 86 Van Norden Rd R # 1998-22 Peter Zanni, General Contractor explained the owner's, John Lyons, plans to demolish the existing house and construct a new home which would sit 20' back further. One corner of the house would now fall within the 100' buffer, and he plans to install haybales. The grading in front would slope down to Van Norden Rd. Chair stated her concerns that the area is near an intermittent stream and asked Mr. Zanni to show the limit of work line and the haybale line on the plan. The Administrator mentioned that there is a knoll within 20' of the home and should act as a buffer. He would like haybales at the peak of the knoll and down towards the proposed house. Elaine Ohlson, 92 Van Norden, is concerned with drainage issues and asked how close is the end of the new lawn going to be to the stream? Chair stated that the regulations protect up to 25' and can go up to 100'. Mrs. Ohlson said that she knows the property was filled in previously and asked if the grade will change. Mr. Zanni said the grade will slope to the road. S. Chapman suggested making a swale to the west side on the left side of the house rather than toward the neighbor. A motion was made to close the Public Meeting. Voted: 5-0-0. A motion was made and seconded that the Commission issue a negative determination with conditions; haybales, limit of work line, bar scale, Swale on the west side and submitted on the plan to the Administrator. Voted: 5-0-0. 9:00 PM Status 28 Francis Dr. The slope is functioning fine, and the Administrator approved of the work. Reading Conservation Commission Minutes of 9/23/98 Page 3 9:20 PM Continued Public Hearing - "Marion Rd." by 51 Mill St DEP# 270-279 RGB# 1995-29 The public announcement was read and the attendees sworn in. Atty. Roberts accepted the changes that Town Counsel made with regard to Lots 4 & 5 in the easement language. Curt Young reviewed the addendum to the Notice of Intent dated 9/15/98 as well as the wetland seed mix, suspended solids calculations, and proof of transmittal of plans to Natural Heritage. Bob Cormier reviewed the maintenance manual. The perc test on Lot 4 resulted in 5 minutes per inch. Mr. Roberts explained the easement on Lot 5 and Lot 4, and this will not interfere with the swale. On Lot 4 there will be a covenant to abide by the maintenance plan, the plan to be referenced in the deed. Chair had some exceptions to the conservation restriction such as; drilling wells, all current uses of premises, maintenance of limbs and brush, and fencing. J. Casciano felt that Section C the language "permitted acts and uses" is too broad. Mr. Roberts is willing to reconsider any language with Town Counsel but feels Mr. DiRaffael should have the final say. Atty. Roberts stated he would not like access through the property to the Ipswich River. L. Kenney felt that the roadway should be out of the buffer zone and wetland all together because there may be some trimming that would be needed around the roadway. Atty. Roberts stated J. Delaney advised that the road easement should go there. J. Casciano asked how the applicant can state there would be no impact when the roadway is within the buffer zone. Curt Young stated there are catch basins and they would only overflow in a large storm event. Chair asked if any waivers have been requested from CPDC for reduction in roadway or possibly having a sidewalkon one side of the road. Mr. DiRaffael felt that CPDC will allow a reduction in the roadway to 20'. S. Chapman stated he would like to see more details of the stone walls and suggested that the rock size be noted on the plan, give more detail on sediment control, and the 15' dimension on sheet 7 to show 25'. Atty. Roberts said that could be written out in the Order of Conditions. The Administrator noted changes from the current plans to 9/29/95 and stated that the overall layout is the same with some improvements. Atty. Roberts stated they have made storm water changes. Kim Honetschlager, 51 Mill St., submitted a document from DEP stating that DEP is reconsidering their definition of the mean annual high. She went on to describe how the river is 6-8" from going dry in the summer, that there is a lot of animal life and good habitat in the river area. She stated that if the wildlife had to go elsewhere they would have to go a long way to find similar habitat. She has observed the markings from the mean annual high level to go as far as their depicted 100' flood line. She feels that if the project falls under the Rivers Protection Act, than it should be denied and if not, she asks that the Commission protect the area. Terry Bastian, 96 Haverhill St., No. Reading, wanted to encourage the Commission to utilize-the full 100' buffer -recommended by Natural Heritage. It's an important area for Reading Conservation Commission Minutes of 9/23/98 Page 5 11:15 PM 28 Fox Run sane A ticket was issued for $100. The Administrator asked the Commission not to ratify the ticket. A motion was made and seconded to nullify the ticket issued. Voted: 5-0-0. 11:25 PM A motion was made and seconded to adjourn. Voted: 5-0-0. Respectfully sub ° , 7ti/-7 athleen Morgan, Recording Secretary