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HomeMy WebLinkAbout1996-10-30 Conservation Commission Minutes;'jA~-- READING CONSERVATION COMMISSION Minutes of Wednesday, October 30,1996 Town Hall Selectmen's Meeting Room PRESENT: Chair Nancy Eaton, Members Stephen Chapman, Harold "Lucky" Hulse, David Danis, Clifton Proctor, John Kilborn, M. Gillis; Consultant Leo Kenney (7:23); and Conservation Administrator Donald Nadeau. 7:12 PM The meeting was called to order. 7:12 PM Violation 38 Old Farm Road As a result of an anonymous phone call, a site visit was conducted. The Commission found there was a pool installed within 100' area of the wetlands. The partial remains of a rowboat was found in the wetlands. The Administrator advised the Commission that the owner, Mr. Cuddy, has filed previously for permits. J. Kilborn feels that the owner should have known about the wetland regulations. The owner stated he didn't realize a permit was required for a pool. The Commission was willing to accept where the pool is now because it is in place. They feel there needs to be a clear limit of activity or work limit, create some barrier to prevent people from walking around the pool and eroding the area. It was suggested from the Commission that he plant small shrubs and/or a fence until the hedge is established. Commission and owner agreed on having plantings in by the 1 st of December. If he is unable to do plantings, then a temporary fence will be provided. 7:30 PM Amend Enforcement Orders -1090 &1100 Main St. Chair Eaton, Mr. Favaloro and the Administrator made a wetland line agreement, and the Administrator was notified that the work was completed. The Administrator reviewed the site visit. He requested that all markers be the same. He has had correspondence with Atty. Favaloro regarding clarifications to the Enforcement Orders and counsel is in agreement. Atty. Favaloro had been to the site at 7:00 tonight and tables were moved and the re-bar was there. He requested that the Commission accept the change in the variety of Maple trees. Chair Eaton questioned the repaving. Atty. Favaloro stated that he didn't know about it. He said that the repaving was only done on the original paving. The Administrator talked with Town Counsel and was advised that fines are up to the Magistrate to decide. Some Commission members were in favor of fines. They felt that although the owner did cooperate, he only did so after he was brought to court. Atty. Favaloro feels they have made the effort to comply. He acknowledged that past violations were made but hopes that this can start an amicable relationship. Motion was made and seconded to endorse and issue the Amendment to the Enforcement Order with corrections. Voted: 7-0-0. It was agreed that the Administrator and Atty. Favaloro would meet at 8:00 am at the site tomorrow and check that the re-bar was in and exactly what kind of Maples were planted. J. Kilborn recommended stone boundaries. The Administrator advised that fines could be as high as approx. $7000 and $4500. Atty. Favaloro asked Commission if they would accept Emerald Queen Maple. S. Chapman questioned if it was wetland species. If not, they wouldn't accept. Atty. Favaloro emphasized the amount of money put into the corrections. Chair Eaton advised that fines Reading Conservation Commission Minutes 10/30/96 Page 2 would have been waived if compliance originally given. M. Gillis brought up the fact that the owner gets the merchandise at wholesale prices for the corrections he should have done already. H. Hulse remarked that Mr. Goddard took a long time to comply and feels that fines should be issued and not in consideration of restoration expenses. I Kilbom suggested that the Administrator ask the Magistrate for possibly 50% of the amounted fines. H. Hulse would like full fines. S. Chapman suggested full fines minus documented cost of repairs. The Commission agreed on a bottom line of $1000. Maker agreed on amendment to the Amended Enforcement Orders, seconded. Voted: 7-0-0. 8:20 PM Certificate of Compliance - Temple Street, rear, gas line DEP#270-278, RGB# 1995-30 Mr. Richard Kosian from Beals and Thomas stated the smell of gas had been reported to the gas company but he hasn't heard back yet. S. Chapman spoke with a representative from Boston Gas and they said they would check it out and if he didn't hear back from them that all was fine. He hadn't heard back from them as of the meeting. Motion made and seconded to accept Certificate of Compliance DEN 270-278, RGB# 1995-30. 8:30 PM Continued Public Hearing -105 Fairchild Drive DEP#270-289, RGB# 1996-20. The Commission announced their names, and all present wishing to speak on the matter were sworn in. Mr. Williams presented revised plan with marked trees, existing pile of dirt and labeled silt fence line, limit of work line. Mr. Davey, the owner questioned ` the conservation easement with concern to liability. Chair Eaton clarified for him he could stipulate private or public. The owner had no problem with easement if it could be made private. Motion made and seconded to close Public Hearing DEP#270-289, RGB# 1996- 20. Voted: 7-0-0. 8:35 PM Continued Public Meeting - by 19 Harold Ave. RGB# 1996-18 The Administrator read a faxed letter from Atty. Scarano requesting a continuation to the 11/20 meeting. The Administrator advised applicant would need to submit an original signed letter. Motion made to Continue Public Meeting RGB#1996-18, same room. Voted: 7-0-0. 8:43 PM RGB Extension - Carriage Estates H DEP#270-236, RGB# 1991-10 Atty. Favalaro requested a one year extension on the whole subdivision. Motion made and seconded to grant a one year extension on DEP#270-236, RGB#1991-10 to expire 11/21/97. Voted: 7-0-0. 8:47 PM Certificate of Occupancy Lot 8 & 9 Carriage Estates. S. Chapman stated that with the elements of work still remaining that it was hard to issue a bond amount, ie; landscaping, lawn, grades, concrete wall, some clean up, and dressing up the filter fabric. The Administrator said he thought it was appropriate for a 4' wall. Administrator requested bonded grading and seeding preparation of "as is" plan and a statement. Chair Reading Conservation Commission Minutes 10/30/96 Page 3 Eaton discussed with Mr. Sorornejad about putting a conservation restriction on the rear of his lot, Lot 8. Owner wants to discuss it with his atty. The Administrator explained to him what it would entail. Regarding Lot 9, Michael Green's property (vernal pool on his lot.) Administrator advised owner of the new 100' protection restriction. He also mentioned the conservation easement to him. A Motion was made and seconded to authorize Administrator to sign off Certificate of Occupancy on Lot 8 & 9 each with the understanding that the Town Engineer will issue amount of bond. The bond to be in place before the Administrator signs off. Voted: 7-0-0. 10/26 site visit report correction made. 9:00 PM Cert. of Compliance - 45 Brook St. DEP#270-233, RGB# 1991-06 Applicant submitted plan change B Inspection Request, poured basement floor and the front walkway. S. Chapman not concerned with the basement and said it would not apply to the need for compensatory flood storage. The Administrator recommended that the silt fence not be moved back. Applicant advised there now exists 25' of buffer from the line and a fence now exists. The applicant is concerned for potential buyers for the fence relocation. Motion was made and seconded to issue Certificate of Compliance RGB#1991-06. Voted: 7-0-0. Motion was made and seconded the Commission approve proposal before Commission to pave drive and walkway. Voted: 7-0-0. 7. Kilborn left at 9:20. 9:20 PM Certificate of Compliance - 59 Forest St. DEP#270-255, RGB#1993-22 Site inspection done. There were a number of incomplete items. Applicant is looking for COC or bonding. S. Chapman explained bond issue for work not yet completed. Work remaining consists of lawn for stabilization, drive area, revegetation of easement area. Applicant explained that the grade of the road is still unknown, so the sewer levels are also unknown. Chair Eaton mentioned some concern with the parking of cars near the cut into the hillside. Applicant would like to put rocks in that area. Members were concerned with the gate area. The applicant stated he had no immediate plans for that area. Motion was made to authorize Administrator to sign off on COO with the understanding that the Town Engineer will issue the amount of bond. Voted: 6-0-0. 9:35 PM Capital Improvement Plan. Chair Eaton discussed having some funds available so when properties became available the Commission could react on them. She advised the Commission that she thought they had a pro-vote from the Board of Selectmen on conservation issues. The Administrator said that the more properties brought forward the more the FINCOM would become aware of the need and have values to base an amount on. H. Hulse questioned whether they were looking for an annual amount or a lump sum. Chair Eaton said that even if FINCOM made an annual figure that Town Meeting would have to approve it every year. She then asked the Commission if they thought they should go forward with Mattucci property. Motion made and seconded Reading Conservation Commission Minutes 10/30/96 Page 4 to recommend a minimum of $100,000 per year for the next ten years for the acquisition of open space. Voted: 6-0-0. Administrator put Mattucci property through on second issue. The Administrator cautioned the Commission that if priority properties were announced that developers would go after them. 10:02 PM Plan Change - Lot 7 Carriage Estates U DEP#270-236, RGB#1991-10 The Owner presented revised plan dated 10/29/96 and stated that Hayes redrew the plans with revisions. He also stated that the walls would be concrete. Chair Eaton asked applicant about conservation easement. He advised he is going to have his attorney look it over. Administrator suggested to Commission that a higher limit of work line could be a trade off for the conservation restriction. The applicant said he wouldn't have a problem tonight saying there would be no developing in the rear area where the conservation restriction would be. Chair Eaton advised the applicant that the neighboring lot may have a conservation restriction that may prohibit future plans with the two lots. L. Kenney questioned where the work line was. Owner said he was planning on a 4' footing for a wall. Chair Eaton questioned where the stakes were placed, on the limit of work line or in conjunction with the retaining wall. L. Kenney asked the Commission what they could recommend from applicant at this meeting so that applicant wouldn't have to wait for another meeting. S. Chapman agreed with Chair Eaton that definite markers need to be outlined on a plan for future reference. H. Hulse noted that Wetland by Robert E. Anderson should be removed from the plans. They agreed that a limit of work line and stakes needed to be established on the plan, the distance of the trees from the wall and determine the large oaks on the boundary line and also design details of the walls. Motion made and seconded to accept plan change as insignificant and accept in concept with the understanding that anew plan is provided. The new plan should show corrections and the owner is to make no future development on rear of parcel. Voted: 6-0-0 10:40 PM 648 Pearl St. Replanting two birch trees. Commission advised Administrator that he has their approval to sign off. 10:41 PM Conservation Access at Wood End Cemetery. Neighbor encroachment resolved. S. Chapman urged members who have not been out to this site to visit and witness the erosion. S. Chapman recapped the drainage system. 10:43 PM Cert. of Compliance -16 Plymouth Rd. DEP# 270-223, RGB#1990-25 Site visit conducted. Site well established. Motion made and seconded to issue Cert. of Compliance DEP#270-223, RGB#1990-25. Voted: 6-0-0. 10:45 PM Post COC security release - Lynn Village Way DEP#270-261, RGB#1994- 16. The cul-de-sac was flooded. Pictures of residence was circulated which were taken after 8-10" subsided. Erosion from Lot 6 over the detention basin. C:bair Eaton not in favor of release of $2500 bond. Vegetation not developed yet. If the final coat of paving is not forth coming, then haybales should be installed. No motion to release. Reading Conservation Commission Minutes 10/30/96 Page 5 11:00 PM Post COC status - Anson Lane detention basin (by 1074 Main St) DEN 270-274, RGB 1995-20. Formal inspection not completed yet. 11:06 PM Order of Conditions - John Carver Rd, Woodland St. DEP#270-xxa, RGB# 1996-10. Commission reviewed Order with the corrections made. Motion made and seconded to accept and issue as amended. Voted: 6-0-0. 11:09 PM 1996 Subsequent Town Meeting Warrant. Motion was made and seconded that the Commission recommend moving the $400 in Article 6 -12 from the Town General Fund. Voted 64-0. A Motion was made to Amend that motion to be - any other source other than Conservation Trust Fund. Voted: 6-0-0. A Motion was made and seconded to reconsider. Voted: 64-0. L. Kenney left at 11:35. Article 21 . Chair Eaton reasoned why the wetland line should be known prior to properties going to Town Meeting. This article was discussed among the Commission. A motion was made and seconded that the Commission recommend to Town Meeting that it is premature for Town Meeting to take a position on reasonableness of any PRD's prior to a wetland delineation by the Conservation Commission. Voted: 6-0-0. The meeting adjourned at 11:45. Respectfully submitted, Kathy Morgan Recordidg Secretary