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HomeMy WebLinkAbout1998-02-04 Conservation Commission Minutes)-0, A~ READING CONSERVATION COMMISSION Minutes of Wednesday, February 4, 1998 Town Hall Selectmen's Meeting Room PRESENT: Chair Nancy Eaton, Members: Vice Chair Stephen Chapman, David Danis, Clifton Proctor, Harold "Lucky" Hulse, John Kilborn, Mark Gillis, Consultant Leo' Kenney, Conservation Administrator Donald Nadeau, and Recording Secretary Kathy Morgan. 7:10 PM Meeting was called to order. 7:12 PM Approve draft conservation restriction "Cory Lane Estates" DEP# 270- 280, RGB# 1995-34 A motion was made and seconded that the Commission accept grant of Cory Lane Estates conservation restriction and that it also be accepted and executed by the Board of Selectmen. Voted: 7-0-0. 7:15 PM Confirmatory Certificate of Compliance - Lot 24B "Hopkins Farm" (45 Haystack Rd.) DEP#270-20 A motion was made and seconded that the Commission issue a Confirmatory Certificate of Compliance to confirm Certificate of Compliance issued 5124/78.. Voted: 7-0-0 7:30 PM Approve 1997 Annual Report A motion was made and seconded to accept as amended the 1997 Annual Town Report - Conservation Commission. Voted: 7-0-0. 7:35 PM Minutes A motion was made and seconded to accept the January 7, 1998, minutes as amended. Voted: 6-0-1, D. Danis abstained. 7:40 PM Continued Public Hearing 228//252 Main St. DEP# 270-XU RGB# 1997-35 Public hearing announcement read and attendees sworn in. Mr. Michael O'Neill, O'Neill Assoc., explained the existing conditions, the watershed and water flow, showed where the existing trees are, submitted a landscaping plan showing a horizontal plan of the land, the wetland flagging was included into the plan, he also stated that the roof would not be metal. L. Kenney questioned the applicant's maximum level of the vernal pool which was less than what was observed on the site visit. He also observed that the applicant has changed the grade of the plantings in the ZNV. Ms. Rimmer stated that invasive plants will be removed where new plants are going in and that long term maintenance would keep the other invasive materials in check. Members felt there should be no activity in the ZNV. She stated the ZNV is already disturbed. The Administrator feels the new plantings and removal of the undesirable plants will benefit the area. Joan Guidi, 54 Pinevale Ave., is concerned with protecting her property. John Riero, 15 Pinevale Ave., is concerned with water problems in his property. Jean Titilah, 46 Pinevale Ave., asked why the project has to be so large to go into the ZNV and feels the design Reading Conservation Commission Minutes of 2/4198 Page 2 could be better. Rick Carter, the applicant, explained the reasons for the square footage, that they have to comply with CPDC and Zoning Board regulations, how the design came to be, and how they need to meet the tenants' wants. A motion was made to continue the Public Hearing to 3/4/98, at 8:30 PM, this room, no further notice to abutters. Voted: 7-0-0. 8:25 PM Recess taken. 8:32 PM Continued Public Meeting 24-30 Baystate Rd RGB# 1997-32 Scott Smyers a Wetland Ecologist at ENSR Consultant reported on the site visit conducted by another scientist at ENSR. He didn't agree with Flags A3-A7 and A28-A31. Atty. Latham stated that the line was based on vegetation alone and questioned the consultant why he was looking only at vegetation. He then reviewed the wetland definitions and the significance of subsurface conditions in establishing the wetland line. S. Chapman asked if Mr. Smyers had experience in a drained area with hydric vegetation growing. The consultant stated he had, and that plants compete for different reasons and one region may take over the other until eventually it equals out. He also explained that in floodplains different soils may layer. In this area he stated floodplain conditions did not seem to take place. A motion was made and seconded to close the Public Meeting. Voted: 7-0-0. A motion was made that the Commission accept the 'A' line as delineated by our consultant ENSR and request that the applicant show that line on future plans by survey. Voted: 7-0-0. 9:15 PM Continued Public Meeting - between 38 & 56 Cross St RGB# 1997-34 A motion was made and seconded to continue the Public Meeting to 2/18/98, at 8:30 PM, here in this room, without further notice. Voted: 4-0-2, D. Danis & S. Chapman abstaining. 9:20 PM Kim Honetschlager, 51 Mill St. addressed the Commission to get their support to have Mill Street designated as a scenic road and put on as a warrant article at Town Meeting. A motion was made and seconded to recommend that the Board of Selectmen place an article on the upcoming Town Meeting pursuant to General Laws 40, Section 15C. Voted: 7-0-0. 9:30 PM S. Chapman left the room and returned during Executive Session. A motion was made and seconded to go into Executive Session to discuss pending litigation to return to Public Session in 15 minutes. Roll-call vote taken: 6-0-0. 10:00 PM Continued Public Hearing - "Marion Road" by 51 Mill St., DEP# 270- 279, RGB# 1995-29 Attorney for the applicant, Mr. Roberts, brought forward a stipulation to continue the determination of applicability to maintain everything in the same force and effect for 3 months He ctate(l thatif7)F.P vntPtl fnr the anplicant the.At Reading Conservation Commission Minutes of 2/4/98 Page 3 would ask when the 3 year period would have started because of the pending lawsuit. Atty. Roberts read the stipulation out loud. Chair read a letter received from Gina Snyder, 11 Jaden Terrace, outlining the conditions of the Ipswich River and its benefits to habitat and the environment. Chair asked members if they felt the Commission should hear additional information or just have a continuance and listen to additional information then, members felt a continuance would be best. J. Kilborn asked the applicant if they would waive quorum . Atty. Roberts stated they would waive quorum as they did before. Chair asked if the waiver now would only be for quorum unlike before they waived other items. Atty. Roberts stated the waiver would only be for quorum. Gina Snyder asked for clarification of pros and cons to continue. Chair summarized the pending lawsuit and the closing of the Public Hearing. Atty. Roberts stated that after further review of the stipulation they would actually be looking for a 4 month extension until 6/6/98. Atty. Roberts asked the Commission if they would entertain a septic system on this project. Chair advised him that if it meets with the Title Five guidelines, they would take it into consideration under a plan change. A motion was made and seconded that the Commission accept the stipulation to extend the effective date of the determination of applicability presented to the Commission by the applicant's counsel with dates within the document of June 6, 1998. Voted: 7-0-0. A motion was made to continue the Public Hearing to 4/15/98, at 8:30 PM, to be held in this room, with on further notice to abutters. Voted: 7-0-0. 10:45 A motion was made to adjourn. Voted: 7-0-0 Respectfully submitted, Kathy Morgan, Recording Secretary