HomeMy WebLinkAbout1996-08-07 Conservation Commission Minutesn
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Minutes of Wednesday, August 7, 1996 Town Hall Selectmen's Meeting Room
PRESENT: Chair Nancy Eaton, Vice-Chair Stephen Chapman, Michelle Keating, John
Kilborn, M. Clifton Proctor; Consultant Leo Kenney; Conservation Administrator Don Nadeau.
ABSENT: David Danis, Harold "Lucky" Hulse
7:05 PM The meeting was called to order.
The Administrator announced that a Recording Secretary had been selected, to start next meeting.
7:07 116 Van Norden Road - Fred Boni was present. The Commission conducted a site visit
on August 6 and reported he had made great progress in the cleanup. The Chairman will follow
up on the town removing the compost pile. Mr. Boni noted that most of the remaining material
would require heavy equipment to lift and he needs to wait. He has put out calls to people with a
boom crane, bobcat and pole truck. He anticipates three weeks should be sufficient to complete
the work.
The Commission discussed modifying the order of Conditions on 128 Van Norden Road. The
majority of the Commission felt the compost pile was not as great a concern as the vehicles and
- other metal debris. Mr. Boni said he had no problem with the town removing the compost pile
and would waive liability or add the town to his policy as a rider. He will continue to work
cooperatively with the Commission. Clif Proctor requested monthly updates.
MOTION was made and seconded that the Order of Conditions for 128 Van Norden Road -
DEP #270-282, RGB 1996-03 be modified by deleting paragraph 4 on page 5-3-2 and modifying
paragraph A-3 on page 5-3-5 by changing the amount of $20,000 to $2,000, without any other
wording changes. Voted: 5-0-0.
7:50 Lot 6 Duck Road -Partial Certificate of Compliance - DEP #270-250, RGB #1992-20
Present: Attorney Geoffrey Curtis, owner Mrs. Leibmann, Lot 5 owner Paul DiLascia and
Michael Larkin. Attorney Curtis reported that the bank was still holding $500 and they will
transfer that to the town as a bond that will guarantee the work on Lot 6 is completed. The Chair
reviewed the Site Visit report noting the two mostly dead oaks and a dead pine and the dumping
of yard debris into the BVW and the harvesting of large rocks and exchange of small rocks. She
noted there was no letter from the engineer as required by the Order of Conditions. The soils
expert envisioned by the Agreement for Judgment was never hired and any deficient soils did not
apear to be augmented. Michael Larkin also offered to bond $500 and to vouch for the planting
of the trees. Mr. DiLascia represented he had moved the rocks after the Conservation site visit
and apologized for not knowing it was an issue or prohibited.
MOTION was made and seconded to approve Partial Certificate of Compliance Lot 6 Duck
Road, 270-250, RGB 1992---20 and issue contingent upon the tree replanting being accomplished
to the satisfaction of the Administrator with the following conditions: Two bonds for $500 each
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to guarantee survival of the trees for two years, a stamped as-built plan submitted along with the
letter from the engineer and the three trees to be properly planted. VOTED: 5-0-0.
8:20 p.m. - Order of Conditions - 48 Mill Street DEP # 270-283, RGB# 1995-31 - Present:
0. Bradley Latham, Esq. and applicant David Hurley. The Commission discussed and amended
the Draft Order of Conditions. Under the Local Bylaw, Paragraph A-1 is revised to waive
replication of Areas 2 and 3, as they and their ZNV will be protected pursuant to the
Conservation Restriction. Clarify as per O. B. Latham letter that the area of the Conservation
Restriction is not Lot 6. In Paragraph A-2, a "temporary" waiver is allowed for construction of
the utilities, roadway crossing and restoration of disturbed areas. Value of the bond to be
calculated by the Town Engineer. See final document for precise wording.
MOTION was made and seconded to approve the Order of Conditions an amended for Old Mill
Village, 48 Mill Street, DEP 270-283, RGB 1995-31 and issue. VOTED: 5-0-0.
9:54 Continued Public Hearing - 8 Strawberry Hill Lane DEP # 270-284, RGB# 1996-06 -
Present: David Johnson, Michael Marcus, New England Environmental, Michael Rosati. Mr.
Johnson reviewed proposed house plans and their relation to the site. Steve Chapman requested
additional information on contours. Mr. Johnson stated the front would all pitch toward the
street. The back would have a knee wall and 4 ft. frost wall, garage is slab on grade. Front
stoop will be wood and no fill except to meet the grades proposed. Mr. Chapman said he had
expected better sketches. Mr. Johnson said he would have architectural drawings made.
MOTION was made and seconded to close the Public Hearing on 8 Strawberry Lane, DEP
#270-284, RGB #1996-06. VOTED: 5-0-0.
10:03 Partial Cert. of Compliance/violation - Lot 2 Family Circle; DEP # 270-277, RGB#
1995-27 - Present: Brad Latham, Bob Smith, Domenick Zanni, Jr. Attorney Latham requested
the silt fence location be accepted as-is and that the area within the work area that was not
disturbed be substituted as ZNV for the area that was. The Chair reviewed the Site Visit report.
The Commission discussed a line of shrubs to mark the limit of activity in the area of concern.
MOTION was made and seconded that a Partial Certificate of Compliance on Lot 2, 15 Family
Circle, DEP 270-277, RGB #1995-27 be approved and issued with a bond of $500 to guarantee
the survival of the plantings behind the house denoting the limit of activity. VOTED: 5-0-0.
10:13 Continued Public Hearing - 51 Mill Street DEP # 270-279, RGB# 1995-09 - Applicant
requested a continuance. MOTION was made and seconded to continue the Continued Public
Hearing at the request and consent of the applicant to October 16, 1996 at 8:30 p.m. in the
Selectmen's Meeting Room. VOTED: 5-0-0.
10:15 Joint Public Hearing - Lot 12 Cory Lane DEP # 270-xxx, RGB# 1996-15
and Plan Change - Lot 11 Carriage Estates II DEP # 270-236, RGB# 1991-10 Present: Jim
Sheehan,- Steve Caruso, Jim Douglas, Kevin Emery, Peter Ogren. Mr. Ogren presented the plan.
He stated the best management practices would be a stilling basin with dead storage area. He
noted the main BVW area is north of the proposed site of the work. He stated Lot 12 was not
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part of the runoff calculations submitted at the time of the subdivision. He stated the proposed
area would be replicated at 1.5:1 at the rear of Lot 11. The Chair reviewed the Site Visit notes.
Debris continues to be present on site. There were no house corners or new pool area staked.
New wetland flags were not hung but three old ones from the Extension hearing were located.
There was discussion about whether the wetland line for Lot 12 was approved as part of the
Extension hearing on Carriage Estates II. Leo Kenney inquired about the sensitivity to existing
vegetation for the replacement pool area or to the grading plan. Mr. Ogren stated it was a
straight grading and they could have new plantings done. The currently approved plan change
does not allow for any activity beyond the 204 contour on Lot 11.
The history of the project and the several former proposed plan changes were reviewed. The plan
currently allowed requires a riprap wall on Lot 11 or a 1:1 concrete at base of 2:1 riprap. The
area of the proposed swimming pool was specifically denied and the current proposal would
disturb that entire area. Don Nadeau reviewed the proceedings from DEP 272-236, RGB
1991-10. Concern was expressed about the 8 ft. retaining wall which would abut the proposed
Cory Lane Extension project. Jack Rivers asked the Commission not approve this as the slope
easement would create difficulties for that project. Kevin Emery stated the current "pool" area
was not safe and requested that it be filled in. Jim Douglas said they had a proposed plan with the
new "pool" at the rear of the proposed house on Lot 12 upland of the 100' buffer zone shown on
the plans but did not file in response to comments from the administrator. Mr. Chapman noted
several deficiencies in the NOI filing with signatures in the wrong place, answers regarding filing
with Natural Heritage not filled in, the language of "avoid sharp breaks in grade" conflicted with
the actual contours on the plan. There is no scale on the plan. There was discussion as to the
` - accuracy of the existing contours and there being no disclaimer on the plan that they were taken
from someone else's survey and no claim to accuracy was being made by Hayes Engineering.
Applicant will consider a more site-sensitive plan change and submit additional information.
MOTION was made and seconded to continue the Public Hearing on Lot 12, Cory Lane, DEP
270-xxx, RGB #1996-15 and Plan Change on Lot 11 Carriage Estates II, DEP 270-236, RGB
#1991-10 at the request and consent of the applicant to September 4, 1996 at 7:30 p.m. in the
Selectmen's Meeting Room. VOTED: 5-0-0.
11:45 Continued Public Hearing - 80 New Crossing Road DEP # 270-285, RGB# 1996-09
Present: Rich Williams, Hayes Engineering, Fran Fruhbeis, Randy Meuse, Vice President of
GZA, Harry from Connelly Brothers Construction. GZA reports were submitted to the
Commission. Mr. Meuse discussed Soil Sample 7 with the elevated levels of barium and mercury
and proposed monitoring activities during construction. John Kilborn inquired about the cement-
lined pits and Mr. Meuse stated he understood they were for the storage of flammable liquids
during the 1983-84 time frame. GZA did a limited study of them. They must report the findings
at SS-7 to DEP within 120 days. They have reconfigured the compensatory storage area to avoid
the area of concern. They will continue to check soils. Steve Chapman asked if the applicant
agreed to follow GZA's recommended soil management plan and they agreed to do so stating the
company had no professional expertise in that area and had hired GZA to oversee the work and
comply with state regulations. It was suggested that the plan be required in the Order
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Nancy Eaton inquired about GZA's letter of 7-31 which noted additional improvements of the
loading dock and paved access. This is removed on the 7-26 plan. GZA will correct their letter.
Those items will not be built. That change does not affect any other statements in GZA's letter.
She also inquired about statement in 7-23 GZA report that "additional studies" needed to be done
in the area of SS-7 and what would be done. She is concerned about the diameter of any elevated
levels and how far they extend. Both Fraen and GZA representatives stated they were aware of
their responsibility with respect to the matter but felt the proposed work would not limit access to
this area and future cleanup. They will do additional testing before the 120 days, simultaneous
with the work. Construction sequence envisioned would be to clear, place the concrete and build.
MOTION was made and seconded to close the Continued Public Hearing for 80 New Crossing
Road, DEP #270-285, RGB 1996-09. VOTED: 5-0-0.
12:05 59 Forest Street - Violation - The Chair reviewed the Site Visit report noting the
disturbance to the left of the entryway, now buffered with a double row of unstaked haybales.
The area may be smoothed and needs to be replanted with anything but grass to protect it. There
should be no future encroachment into this area. The haybales near the entrance to the corral
must be in place and staked while sewer installation work is done. With regard to the cutting in
the rear in the ZNV, owner will cease cutting this area and it will revegetate naturally. Applicant
will remove metal fencing in ZNV.
12:10 1100 Main Street court complaint - Mark Favaloro, attorney for owner Tom Goddard
has requested a postponement through Town Counsel of the court
hearing, due to a conflicting
court engagement. The Chair and Administrator are working on a mutually convenient date.
12:15 Miscellaneous - The Chair read a memo from the Town Manager regarding discussion
with the Administrator on performance. The Chair will meet with Town Manager, Town Planner
and the Administrator at a date to be agreed to after Mr. Edward's vacation. She will also inquire
of the Town Manager whether other members of the Commission may attend if interested.
The Administrator was directed to place approval of Minutes from the last two agendas on the
next agenda. The next meeting is scheduled for Wednesday, August 21 and the site visits will be
held on Tuesday, August 20. The Chair will call with starting location. Mr. Chapman stated he
will be on vacation and not in attendance at either.
12:20 MOTION was made and seconded to adjourn. VOTED: 5-0-0.
Respectfully submitted,
Donald Nadeau Nancy L. Eaton
Conservation Administrator Chair