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.
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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