HomeMy WebLinkAbout1997-12-03 Conservation Commission MinutesRr.ADLNG %Ci31'v S RAJA i~if3N COMAVISSION
Minutes oa Wednesday, December 3, i997 Town R Selectmen's Meeting Room
PRESENT : Chair Nancy Eaton, Members: Clifton Proctor, Mark Gillis, J. Kilborn,
Consultant Leo Kenney, Conservation Administrator i;onald Nadeau, and Recording
Secretary Kathy Morgan.
ABSENT: Vice Chair Stephen Chapman, 'Harold "Lucky" Hulse , Lavid Daiiis
7: f f Pik ivieeting was called to order.
7:36 Pivi -Confiiued Public Hearing - "Sunset Rock" by 341 Franklin "t EP# 270-
295, RGB# 1997-26 The public announcement was read and the public was sworn in.
Present were the owner, Mtr. De Tennaro, ivir. . Bergeron from Hayes Engineering, and
Atty. Brad Latl 1 . Mr. Bergeron has submitted a new topographic plan, a draft
conservation restriction, and a revised replication planting plan. Mr. Bergeron outlined
some of the changes. CPiii has told the applicant that the roadway can be no 'longer than
9001, and it is now 898'. The driveway for Lot 9 is now turf stone, a porous pavement
which allows root systems to breath and get water. The soils were tested on Lot 4 and it
was found that water was running through the sails. Lot 8 was also tested and had better
soils and the replication site will be changed to the back of Lot 8. Also the retaining wall
on Lot 4 is gone and this lot will also have a turf stone driveway. On Lots 5 & 6 the
lioilseS were puffed cfGSer to the Ciifde-Sac. The conservation restrlctiorl would be at ills
11 tad' line on Lots 4 & and on Lot 6 the conservation restriction would be at above the
100' fine so that 33% of the total site will be under a conservation restriction. There will
be a cross-culvert at the base of the cul-de-sac in front of Lot 7. Atty. Latiarn stated to
members that future owners will be advised that there is a perpetual conservation
restriction eruorced. The Administrator asked the owner if they could reverse the
direction of the west replication so that the red maples on the other side could be saved.
Mr. Bergeron stated they could probably do that. Chair reviewed the site visit of
111/29/97. _A r. Bergeron stated that Lot 4 would have a pump station. i., Kenney asked if
the livnt lawns of Lot 4, 5, & 6 could be left in their natural state. Mr. Bergeron said that
the driveway level is compatible to what it is now and most likely wouldn't change but it
would depend on CPDC's site inspection. Members asked if the owner would install
boundary markers for the conservation restriction. Atty. Lathani said they would have to
discuss possibilities. L. Kenney is concerned that the Swale between Lots 7 & 8 would be
feeding into the Reading wetlands. Mr. Bergeron said they liad takers many pictures to
deterniine the 'line for this purpose. Mr. Bill Fowler, Franklin St., asked what kinds of
activities would be permitted in the wetlands. Mr. T
I Lathalri read from the dra'
conservation restriction. Joseph Kachichian, I I Joseph Way, conimented on problems
when trees and driveways were moved. He asked members if thhey knew of the drainage
pr oblerris in `J`v akef eld in the N'tontrose area. Chair stated that the applicant was coming
back with a post drainage report. Kathy Kachichman, I l Joseph Jay, questioned where
the water -would go f oni-the catch basin near the end of Joseph 5 Clay. She also asked
where the pesticides would go. A4r.Bergeron stated the water would go to the right of
Reading Consecration Commission Minutes of 12/3,197
Page .2
Joseph Way and the conservation restriction would prohibit pesticides. Members agreed
that the second replication area was not necessary, that it is already a wetland area. They
also felt that there was effort taken on the applicant's part to mitigate the impact of the
environinent, and they felt that the crossing should be as harrow as possible. A motion
was made and seconded that the Conservation Commission recommend to CPDC that the
proposed width of the crossing be as inininial as possible. Voted.* 4-0-0 A motion was
made and seconded that the Public rearing be continued to 12/17/97 at 7:30 PM here in
this room with no further notice to the abutters. Voted: 4-0-0.
9:30 PM. Continued Public heaping - "Marion Rd," by 51 Mill St DEP# 270-279
RGR# 1995-29 The public announcement was read and the public was sworn in. Present
with the applicant, l'vlr. DiRa aei, was his attorney Mr. Roberts. N. Paton submitted for
the record a copy of the letter regarding her conflict of interest disclosure and a memo
from the Board of Selectmen exempting her from any financial conflict. Chair read a
summary of the past history of the project and submitted that for the record. The
applicant was given a list of all the documentation submitted henceforth. Mr. DiRaffaei
gave members an overview of the property and the proposed 71ots. The property of 93
acres is flat except for Lots 4 & 5. There is a vernal pool staked out on the property and
isolated wetlar-ius ors Lot 7 . The 7 lots are 1 /2 an acre to.8 of an acre. The roadway is
450' in length. The elevation of wetland is 182', 18' difference from high to low. The
roadway elevation changes T from, beginning to end. Water will be piped from the end of
the cul-de-sac to Lot 4 and first diverted between Lots 5 & 7 to a swale partially feeding
the wetland. The houses will have sewers and front facing garages. The impervious water
on the driveways will drain into the cul-de-sac. ;Changes made: A drainage system
recharge struciur e will be installed on the side of the road which will feed into Lot 7
wetland area, elimination of the swale and less cutting of trees on Lot 7, catch basins at
the front and rear of the cul-de-sac, and measures will be taken, as much as possible, to
ineet the 100 yr. storm requirements. Mr. DiRaffaei stated that nothing will be flowing
back to the resource area. They are reducing the area of the backyard of Lot 5 and
repositioning houses on Lots 4 5. A stone wall boundary will be depicted on the plan
showing the no cut line on Lots 4 & 5. No houses will exist any closer than 200' to the
Ipswich River bank. The applicant was given a copy of the site visit notes from, 11/29/97
which Chair reviewed. No reflagging has been done. The applicant stated that plans were
coining in late because he was unsure when the meeting was, and he is having a problems
with the endangered species program. He hopes to have the plait done this week. Town
Counsel recommends that the Commission not subject this project to the Rive- font
Protection regulations. J. Kilborn asked the owner how ar the houses would be away
from the 100' buffer. On Lot 5, the applicant stated that the rear right corner of the house
would be within the 10,13' buffer, on Lots 4 & 7, 100/0 of the houses would be within the
10rv buffer. A motion was made that the Commission consider but not invoice the Rivers
Protection Act, seconded. (no vote 'Laken). Inuiri Balkissoun, 12 Wakefield St.,
_
expressed her support for'the
J<ieaciliig C oiie3Ci'F diion CirrifniiiSSion MiiJ[utes of i2i3i9'i rags r
Comrnlssion and described the 8 values that the River Protection Act protects. Dariieue
1-antagrie from IRWA, a Wakefield resident, gave her opinion that the development does
not qualify to be grandfathered because the permits should have been obtained by now.
She also stated that under the Rivers Protection Act they would have to be 200' away
from the mean high water tine and asked the developer where that would bring hint. The
applicant stated that he is just giving an idea of where the houses were going to be placed.
She quoted front the Rivers Protection Act that permits should be pulled by 4/1/97. Atty.
Roberts stated that date is true unless the project is held up in litigation, which this project
has been. He also stated that DEP does have the right to expand the grandfatheriiig. Min
Honetschlager, 51 Mill St., states that she spoke with a trainer at the Rivers Protection
Workshop and explained the proposed project to him, and he stated. ghat if a definitive plan
had not been approved by 8/97 it would not be grandfathered. She also said that if the
mean high level were depicted, it would make a big difference on this project. She stated
that this is the only privately owned land undeveloped on the Ipswich River and
developing it could be damaging to the river. She urged members to have the project
regulated by the Riverfront Protection Act; site feels it applies. Will Pinch, 511 dill St.,
feels an Order of Conditions could have been issued much earlier if the applicant was more
cooperative, and the urged the Commission to wait until they have more information. He
showed members a picture of a spotted turtle that, his son had caught it, April of tilts year,
which -is art endangered species. Chair read aloud a letter from _Nlichael Rapetto, 76 Mill
St., dated 112/3/97. Butch Conary, 13 Henzie St., read his letter of how he has enjoyed the
Ipswich River throughout his life. Brian Sariberg, 11494 Ntain St., asked what the
detention basin would be like. The applicant said that it would be an open detention,
Bernie Pierce, 66 Mill St., urged the Coniniission to wait. Joanne Ebrecht, 45 Sanborn
bane, feels the water levels have changed and asked the Commission to remeasure. John
Costigaun, 75 3NAl l St,, was also concerned with the water levels. M. Gillis asked to table
the motion and withdrew his second. J. Tnilborn feels that more iruoi t Lion is needed arid
that the Commission postpone. Atty. Roberts submitted their "view under regulation 310
CNM 10.10 (10) which explains flow they would fall under grandfathering rights and
urges the Commission to come to a decision. Chair advised At y. Roberts that they don't
like to act on iiiff5riifatlort without reviewing it first. The applicant was advised that all.
inforniaton, plans, etc, be submitted 10 days in advance. T lie Adniinistrator asked
rriembers to think about the white pines in amongst the houses, whether to protect or not.
A motion was made and seconded to continue the Public hearing to 11/7/98 at 7:30 PM in
this room with the consent of the applicant and no fitu Cher notice to abutters.
Voted: 4-0-0.
1{3:45 PXI Public i?►i-e.i.g d ~r ,,a
V59 Hav~riiill St., RGB# 1997-31 Mr. Joust Gilson, the
buyer of the property, explained to members his proposed plats to derfiolish the existing
house and build a single family house. Chair read the site visit notes of I 1/29/97 and the
Administrator's site visit report. The Administrator recommended securing art order of
conditions. Mernbers agreed they would like the project to come in as an NO-1 with_a
more detailed plan. Tlie applicant stated that the existing house would stay until
Reading Consei vation Commission Minutes of 12j3i97
Page 4
construction -is completed. George ivsakrous, father-m-law to Mr. Edson, thinks the
demolishing the house would be beneficial to the neighborhood. A motion was made and
seconded to issue a positive determination of applicability with Flag 1 being set as noted in
die site visit of 11/29/97 straight to Flag 3. Voted: 4-0-0.
11:04 PM Minutes A motion was made and seconded to approve the minutes of
11%5197 as amended. Voted: 4-0-0.
11:15 PM Certificate of Compliance and request to remove pine trees - Lot 102
Sanborn Village IV (57 Lilah Lane) DEP# 270-171, RGB# 1307-12 A motion was
made and seconded to issue a Certificate of Compliance. Voted: 4-0-0.
11:20 PM A motion was made and seconded to authorize that the owl sign expense be
deducted from the Conservation Trust Fund. Voted: 4-0-0.
11:30 PM A motion was made and seconded to adjourn. Voted: 4-0-0.
Respectfully submitted,
ff
Kathy Morgan,
Recording Secretary