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HomeMy WebLinkAbout1997-06-11 Conservation Commission MinutesRE0, IVED READING CONSERVATION COMMISSION L; Minutes of Wednesday, June 11, 1997 Town Hall Selectmen's Meeting Room' PRESENT: Chair Nancy Eaton, Members: Vice Chair Stephen Chapman, David Danis, Clifton Proctor, Harold "Lucky" Hulse, Mark Gillis, John Kilborn, Consultant Leo Kenney, Conservation Administrator Donald Nadeau, and Recording Secretary Kathy Morgan. 7:07 PM Order of Conditions - 40 Azalea Circle DEP #270-232 RGB #1991-03 Town Counsel, Cheryl Blaine and counsel for Ms. Fafard, Betsy Mason, were present at the meeting and along with the members reviewed the draft Order of Conditions. Ms. Mason stated that Ms. Fafard was agreeable to the draft unless a third party appeals. Members perused the order for content and accuracy. The subject of bonding was discussed and S. Chapman recommended a $5,000.00 (Five Thousand Dollar) bond and other members agreed. Ms. Mason, speaking for Ms. Fafard, stated she would place a $500.00 or $1,000.00 bond but would object to $5,000.00. C. Proctor stated that $1,000.00 would do nothing, and that he would stand with the $5000.00. Ms. Mason had objections to the order still containing the findings that the Appeals Court overruled. Ms. Blaine explained that what Ms. Fafard wants is an exact order of conditions under the by- laws, that is word for word allowing the project under the Wetlands Protection Act. Town Counsel's interpretation of the Appeals Court decision against the Commission for its denial of the project is that the Commission's findings were not adequate for a denial under the by-laws. She stated that the Commission has to issue an order of conditions allowing the project under the Wetland Protections Act, but that the Commission can condition the project under the by-laws. J. Kilborn asked counsel "upon what are we basing our conditions?" Ms. Blaine stated that at the very least the project be conditioned based on the BVW. S. Chapman suggested that the order specify that "haybales" means straw or hay. A motion was made and seconded to approve and issue the Order of Conditions as amended and setting the bonding amount in paragraph 5 at the sum of $5,000.00 (Five Thousand Dollars). D. Danis questioned what the amount of $5,000.00 was based on. S. Chapman stated loam and seed and replanting. VOTED: 7-0-0. 8:00 PM S. Chapman moved to go into Executive Session to discuss litigation and to come back into Public Session in approximately 10 minutes. Roll-call vote: 7-0-0. 8:40 PM Extension Permit Stone Well Rd., DEP #270-221, RGB# 1990-22 Mrs. Matathia requested an extension to the next agenda. The Administrator stated that the applicant's extension expires 6/14/97. A motion was made and seconded to extend the applicant's deadline to 6/14/98. VOTED: 6-0-1. J. Kilborn abstaining. 8:52 PM Sign-off on Lot 6 arriagg Elates % DEP#270-236, RGB# 1991-10 Site visit conducted 6/11/97 and results compared with new plan submitted. Chair advised know from the Commission what work needs to be bonded in order to get it signed-off. Reading Conservation Commission Minutes of 6/11/97 Page 2 Chair went over some of the unfinished work. S. Chapman reviewed some of the items to be bonded and suggested a figure amount of $6,000.00 (Six Thousand Dollars). The applicants asked for a list with the dollar amounts of each item so that when the work was completed the money could be released. A motion was made that the Commission approve sign-off on Certificate of Occupancy with the understanding that the applicant post a bond of $6,000.00 (Six Thousand Dollars) for the items described: Top course of driveway pavement $1,500.00 Vegetation survival of the lawn 500.00 Grading loaming & seeding area of the trailer 1,000.00 Survival of the 4 trees recently planted 500.00 (total) Survivability of existing trees 1,500.00 As-built plan drawn up 1,000.00 VOTED: 7-0-0. 9:15 PM Recess taken. 9:22 PM C. Proctor recommended to the Commission that they draft a letter to reappoint the three members whose terms are expiring; N. Eaton, M. Gillis, and H. Hulse. A motion was made to support the three current members as continuing members. S. Chapman to draft a letter from the Commission. VOTED: 4-0-3. N. Eaton, M. Gillis; and H. Hulse abstaining. 9:25 PM I Kilborn left the meeting. 9:27 PM Public Meeting - 341 Franklin St RGB#1997 15 Harold Hulse abstained because of a personal family relationship and left the room. Chair explained to the attendees that the Commission is only determining a delineation line to agree or disagree with applicant's posted line. Chair explained the process of how the line is determined. Elizabeth Wallis of Hayes Engineering explained the color coding of the exhibited plan. She explained that she and the Commission reviewed flags 1-115. The Administrator did an inspection and reviewed bordering vegetation line, and he felt many of the flags were accurate. Chair reviewed the Commission's site visit conducted 6/8/97. The question of whether the line would be the same tested by soil samples or by vegetation was discussed. L. Kenney agreed with Ms. Wallis' method of edge testing but stated that if the line were based on vegetation instead of soil he would have moved the line outward in most cases. Chair asked Ms. Wallis if she studied the area under the local bylaw regulations. Ms. Wallis stated that the bylaws allow soil testing along with vegetation. Chair questioned the flowing stream on the property. Ms. Wallis stated that the stream has been flowing but that she has a notarized statement that it does dry up. Chair then asked if the applicant would agree to an extension so that members could go back and revisit the site; the Ms. Marilyn Fowler, 323 Franklin St., asked if the site was a buildable lot. Chair Reading Conservation Commission Minutes of 6/11/97 Page 3 advised that would be determined after Commission determines the line. S. Chapman stated that he felt an intermittent stream needs more protection than an isolated wetland area. He also stated that he would rather see only one wetland line verses separate lines to depict local state and federal wetlands. The Administrator read a portion of the CC Wetland Protection Regulations. The applicant signed an extension and a motion was made and seconded that the Commission extend the Public Meeting to June 25, 1997 at 7:30 PM for a half hour, with the applicant's agreement, with no further notification. VOTED: 5-0-1. H. Hulse abstaining. 10:20 PM Steve Carpenter Eagle Scout proposal - midge Woods Cons Area improvements Steve explained to the members his ideas: marking boundaries, trash cleanup, making a trail from the established trail to the vernal pool, posting signs at private property areas, and no "motorized vehicle" signs. Chair asked what vegetation would be cut for the trail; he stated shrubs. L. Kenney stated he sees no reason for trails. S. Chapman agreed and feels the vernal pool is accessible. He asked Steve what type of signs he would be posting. Steve looked to the Commission for direction but stated probably carved or painted wood. L. Kenney suggested signs be the same established standard size. The Administrator suggested that when he comes up with something to come back to the Commission for approval. S. Chapman asked how far the owl signs would be posted; he stated 40'-50' apart. Chair advised him to come back to the Administrator or to the Commission when the project is completed. He was also advised to get pricing and get back to the Commission. A motion was made that the Commission support the Eagle Scout project with the understanding that the trail to the vernal pool not be completed, and that he should come back with the additional information on the signs. VOTED: 6-0-0. 10:40 PM Continued public Hearing - "Marion Rd," by 51 Mill St., DEP# 270-279 RGB# 1995-29. A motion was made to grant a request for continuation of the Public Hearing until 8/20/97 at 8:30. VOTED: 6-0-0. 10:42 PM Public Hearing - Harold Ave roadway and end lots DEP# 270 xx%} RGB# 1997-14 Attendees were sworn in. Atty. Scarano described the road going down Harold Ave, its material makeup and the topographic area around the road, the proposed catch basin and the haybales installed at the road area. Jack Szemplinski, engineer for the site from Benchmark Survey, explained the drainage situations of the 4.2 acres; a small detention pond, 5' deep with two outlet structures. Mr. Scarano was given a copy of the Town Engineer's report and the Commission's site visit and these reports were reviewed. The Administrator had concerns with the abutter notification on the roadway and the net amount of runoff into the basin. Mr. Scarano stated that they propose to be 80' away from the vernal pool with an area of natural vegetation upland. Chair advised that the Commission needs a plan showing where the plantings will be and what plants will be Commission for suggestions. L. Kenney questioned where the vernal pool is and what Reading Conservation Commission Minutes of 6/11/97 Page 4 they are basing it on? Mr. Scarano stated they are not proposing to do anything in the wetland area but only to protect what's there now. Chair advised Mr. Scarano that the regulations for vernal pools are different than wetlands. Chair went over the site visit S. Chapman questioned that there were no details of the outlet control structure or height and length of the detention wall, and what type of rooflines were proposed? He also asked Mr. Szemplinski to stamp the current date on his delineation plan and make the plan lines clearer. Chair also mentioned showing adjoining property lines on his plan. Fred Boni, 116 Van Norden Rd., asked the applicant how much water will be added and staying. Mr. Szemplinski explained on the avg. 10 year storm about 1 cubic foot per second. Mr. Boni also asked about the detention wall and who will be responsible for cleaning it. Chair stated that they will be submitting that information. A motion was made and seconded to continue the Public Hearing to July 9, 1997 at 8:00 PM with no further notice except to those to be notified on the roadway. VOTED: 6-0-0. 11:45 PM Old/New Business Cable TV Advisory Committee Forms to the Administrator. Letter to Pam Harvey the Board of Selectmen have voted on the second draft as their public comment on the wetland regulations. Chair questioned if members had any concerns, if so to contact her. Gift of one acre of Land from Bruce MacKenzie. Land is land court land which requires a registered surveyor, trying to pass papers by July 15, and before the 15th members must take a vote to accept the land as a gift so Selectmen can vote on it. Personnel Evaluations on D. Nadeau and K. Morgan are to be sent to N. Eaton or J. Edwards before the 20th marked confidential. DN to Sheehan: damage to trees - tots 2/3 Carriage Estates Chair told of the update that Mr. Sheehan gave at the site. DN to Pratt - the Administrator made an inspection. Mr. Pratt has limited the dog to the lawn or mulch area, cobbles moved, and he will be filing for the driveway pavement before the end of the month. 12:15 PM A motion was made to adjourn. Respectfully submitted, `Kathy Morgan