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HomeMy WebLinkAbout1996-12-18 Conservation Commission MinutesF READING CONSERVATION COMMISSION Minutes of Wednesday, December 18, 1996 Town Hall Selectmen's Meeting Room PRESENT: Chair Nancy Eaton, Members; Steve Chapman, Harold "Lucky" Hulse, Clifton Proctor, John Kilborn, Mark Gillis, Consultant Leo Kenney, and Conservation Administrator Donald Nadeau. ABSENT: David Danis (prior notice given) 7:12 PM Town Counsel - Town of Reading v. Madlyn Fafard Town Counsel summarized for the members the reasons why the case was lost. He advised the members to consult outside experts of special fields when making technical judgments. It was mentioned that members have taken courses offered by DEP and MACC to educate them for making judgments. Counsel advised them to keep all records of such courses. It was also questioned whether Leo Kenney could be considered as an outside consultant or as part of the Commission. Counsel stated that because he is acting as consultant his advise could be used in making judgment calls. Counsel also suggested that the Commission amend their by-laws and in doing so to consider making the buffer zone a resource area. The Administrator is to draft the amended orders for the project and review them with Town Counsel and Chair and then bring them before the Commission. 8:10 PM Continued Public Meeting -196//236 Salem St. Chair Eaton advised that the applicant had requested an extension to January 9, 1997. The abutters in attendance asked how many extensions an applicant could have without notifying the abutters. Town Counsel responded saying that if a request was made and granted at a Conservation meeting, no additional notification is necessary to the abutters. The Administrator read a letter from the applicant dated 12/13/96. A motion was made and seconded to continue the Public Meeting to January 9, 1997, at 8:30 PM with no further notice to abutters. VOTED: 5-0-1. H. Hulse abstaining. 8:23 PM Continued Public Meeting - 8/88 Walkers Brook Drive "Reading Business Park" VHB RGB# 1996-22. J. Edwards, Town Planner, John Laurila from CDM, and John Castrinos from Haley and Aldrich came before the Commission to request an extension due to lack of information on a delineation line. John Castrinos stated the work would only take two days after the plan was completed. Motion was made and seconded to continue the Public Meeting to January 9, 1997, at 7:00 PM, with no further notice to abutters. VOTED: 6-0-0. 8:33 PM Continued Public Hearing - "Marion Rd" Mill St. DEP# 270-279,RGB# 1995-29. S. Chapman took over the Chair. The applicant requested an extension. Motion was made to continue Public Hearing to Thursday, February 13, 1997, at 8:30 PM, no need for further notice. VOTED: 5-0-1. N. Eaton abstaining. e Reading Conservation Commission Minutes of 12/18/96 Page 2 8:42 PM Old Mill Village PRD - by 48 Mill St., DEP#270-283, RGB# 1995-31. Applicant David Hurley advised the demolition and replication has been completed and is now submitting an application to go ahead with a roadway crossing. The Order states no construction can begin until the Commission is satisfied that the wetlands area is constructed properly. L. Kenney and the Administrator suggested that the Commission review the wetlands prior to making a decision. The Administrator requested an "as built" plan from the applicant. The applicant responded to the sparse plantings by saying that a botanist sent a letter stating that plantings were up to the requirements. S. Chapman advised applicant that should we get bad weather it would be hard for the Commission to view the site which would make everything they approve tonight void. J. Kilborn questioned the status of a conservation restriction. Applicant advised that he is going through the channels. Motion was made and seconded to accept as an insignificant plan change with the following conditions: 9 days prior to January 9, 1997, meeting applicant is to submit "as built" plan of wetland replication; item 6 of the Order of Conditions signed by applicant; permanent markers to be placed on first phase of the project; Commission agrees construction to continue only up to the present limit of excavation and the line of limit to be confirmed by the Administrator; prior to the aforementioned meeting the Commission will go on their site visit and if wetland replication not to their satisfaction, all work will stop. VOTED: 5-0-1. N. Eaton abstaining. 9:27 PM Recess taken. Chair returned to N. Eaton. 9:30 PM Partial Certificate of Compliance Lot 3 (#24) Nugent Lane The owner, Mr. Twomey, was present for the meeting. A site visit was conducted and reviewed with members. S. Chapman requested a timetable on the down spouts from the applicant. Applicant advised within the next couple of weeks. Motion was made to issue Partial COC. VOTED: 5-1-0. N. Eaton opposed. 9:38 PM Partial Certificate of Compliance - 80 New Crossing Road Applicant Fraen Fruhbeis in attendance and was given a copy of the site visit report. Mr. Randy Meuse from GZA explained the soil samplings data done on 12/9 & 12/10/96. Chair advised that any data that is forwarded to DEP should come to the Conservation Commission also. S. Chapman not willing to accept plan as an "as built" plan as it does not reflect "as built" conditions and is not signed by the engineer. Mr. Fruhbeis stated he would freely cooperate with the Commission with whatever information they find. Based on figures received plus 10 percent, a bond of $21,648 was set. Chair Eaton questioned the time estimated for completion. A representative for the corporation said he would get a timetable together for the Commission. Motion was made to authorize the Administrator to sign off on COO with applicant submitting a bond of $21,648. VOTED: 6-0-0. Reading Conservation Commission Minutes of 12/18/96 Page 3 10:20 PM 178 West St. shed Administrator advised that they are waiting on a building permit to move the shed. 10:21 PM 201 Salem St. Owner in violation, notice sent. S. Chapman mentioned that dumping was going on across the street. 10:25 PM Recommend members for ad hoc Open space Advisory Committee Motion was made to submit N. Eaton's name. VOTED: 0-0-6. There was some discussion regarding members' time constraints. Motion was made and seconded to reconsider the previous motion. VOTED: 6-0-0. Motion was made and seconded to nominate N. Eaton for ad hoc Committee. VOTED: 5-0-1. N. Eaton abstaining. 10:40 PM Subcommittee: Amend Regulations and Orders H. Hulse agreed to help N. Eaton with amendments to regulations and orders and J. Kilborn and M.Gillis will review. 10:45 PM Ipswich River Water Supply Task Force Motion was made and seconded to support and urge the Board of Selectmen to endorse. VOTED: 6-0-0. All members were asked to notify the Chair or Administrator if unable to attend a meeting. The Administrator signed criminal complaint on Thomas Goddard. 11:03 PM Motion was made and seconded to adjourn. VOTED: 6-0-0. Respectfully, submitted, f in Kathy M~gan Recording Secretary