HomeMy WebLinkAbout1996-04-17 Conservation Commission MinutesQ-
RECEIVED
OWN CLERK
READING, ASS.
f'I1j RL
Minutes of April 17, 1996 )
Present: Chairperson:
Vice Chairperson:
Members:
Assoc. Members
Administrator:
Selectmen's Meeting Room
MAR 7 3 o P" `517
Nancy Eaton
Stephen Chapman
M. Clifton Proctor, John Kilborn, Esq., Michelle
Keating, Esq.
Leo P. Kenney (8:45), and Joan Nickerson
Donald Nadeau
Absent: Members: David Danis and Harold Hulse
Meeting was called to order by Nancy Eaton at 7:03 pm.
7:03 pm Public Meeting -correct Determination by 51 Mill St.
RGB # 1993-03
Present: Mark W. Roberts, Esq.
Kenneth Di Raffael, Owner/Applicant
Mr. Roberts submitted the following:
1. Demand for Cancellation of Meeting based upon lack of Jurisdiction;
2. Petition to Recuse; and
3. Petition for Compensation.
Commission stated that meeting was suggested by both MA Department of Environmental
Protection and Town of Reading Counsel for applicants benefit and to give applicant
opportunity to appeal.
Mr. Di Raffeal spoke out of order.
7:26 pm Recess called due to applicants inappropriate behavior.
7:27 pm Meeting re-convened.
The Administrator read N.Eaton's personal notes of previous hearings into record.
Attorney Roberts objected to personal notes. Objection was not sustained. The motion
was denied. Indira Balkissoon of 12 Wakefield Street, Reading, MA requested that
Attorney Roberts be respectful of our town officials. The Administrator continued
reading said personal notes into record. All submitted plans and their respective dates
were summarized into record by N. Eaton along with a summary of all site visits. The
-----Administrator read excerpts of Minutes of 2/1/95 and 2/1/595 into record. Gina - - -
TOWN OF READING
CONSERVATION COMMISSION
i
Reading Conservation Commission Minutes of 4/17/96 Page 2
Schneider of 11 Dana Terrace, Reading, MA gave support to Commission by stating the
importance that what is in the field is "real" as opposed to engineer error on plans and that
the field should take precedence
MOTION made and seconded to close Public Meeting - correct Determination by
51 Mill Street RGB#1993-03. VOTED: 4-0-1
J. Kilborn, Esq. abstained
MOTION made and seconded to accept the line defined by CC flags twenty-one (21) and
twenty-two (22) shown on Plan of Land dated September 29, 1995 by Cuoco & Cormier,
revised 10/13/95, and further revised 1/11/96, sheet 6 of 8, noted at wetland flags and
stone wall. It is understood that all other points of the line have been accepted.
VOTED: 4-0-1 J. Kilborn abstained.
8:34 pm Public Hearing - by 51 Mill Street "Marion Road"
DEP #270-279, RGB #1995-29
Present: Mark W. Roberts, Esq.
Kenneth DiRaffael, Owner, Applicant
Mr. Roberts requested a continuance.
The Administrator commented tha the audience recognize that there will be time at the
continued hearing for the public to make any statements and that any and all written
correspondence from the public may be submitted before continuance.
MOTION made and seconded to continue Public Hearing - by 51 Mill Street "Marion
Road" DEP #270-279, RGB #1995-29 on June 12, 1996 at 7:30 pm in the Selectmen's
Meeting Room. VOTED: 5-0-0.
8:45 pm Public Meeting - 1090 Main Street RGB #1996-04
Present: Attorney Favaloro
N. Eaton summarized site visit of April 13, 1996 at 8:45 am into record. Attorney
Favaloro submitted correspondence to Commission.
MOTION made and seconded to close Public Meeting - 1090 Main Street
RGB #1996-04 VOTED: 5-0-0
MOTION made and seconded to issue a negative determination without conditions for
J. Kilbom abstained.
Reading Conservation Commission Minutes of 4/17/96 Page 3
L. Kenney arrived.
9:12 pm Continued Public Hearing - 48 Mill Street "Old Mill Village"
DEP #270-283, RGB #1995-31
Present Paul Finocchio, Surveyor
Sheilah Griffen, Esq.
Correspondence from Carl Melberg, Wildlife biologist, dated April 15, 1996 was read into
record by Mr. Finocchio. Will Finch of 51 Mill Street, Reading, MA stated concerns of
100' buffer zone and that Mr. Melberg's determination may have come too early in the
season. The Administrator summarized National Heritage position. Attorney Griffin
requested an extension.
The Administrator and N. Eaton clearly stated that the applicant has a right to extend and
submit more material. Applicant then chose not to extend the hearing.
MOTION made and seconded to close Continued Public Hearing - 48 Mill Street "Old
Mill Village" DEP #270-283, RGB #1995-31 VOTED: 5-0-0.
9:58 pm Certificate of Compliance - 84 Longwood Road
DEP #270-256, RGB #1993-23
MOTION made and seconded to issue a Certificate of Compliance for 84 Longwood
Road DEP #270-256, RGB #1993-23. VOTED: 5-0-0.
10:12 pm RGB Extension retroactive - Route 93 as ill RGB #1992-21
MOTION made and seconded to grant a retroactive extension expiring on April 30, 1997
for Route 93 Gas Spill RGB #1992-21. VOTED: 5-0-0.
10:17 pm Partial Certificate of Compliance - Linn Village Way BVW plants
DEP #270-261, RGB #1994-16
MOTION made and seconded to grant a Partial Certificate of Compliance - Lynn Village
Way BVW plants DEP #270-26, RGB #1994-16 with a Bond required in an amount of
two thousand dollars ($2,000.00) for satisfactory wetlands plantings and for wetlands
survival in the detention basin with understanding that such certificate does not authorize
the Administrator to sign off on Certificate of Occupancy. VOTED: 5-0-0.
Reading Conservation Commission Minutes of 4/17/96 Page 4
10:26 pm MOTION made and seconded to accept April 3, 1996 Minutes as
amended. VOTED: 4-0-1.
J. Kilborn abstained.
10:45 pm MOTION made and seconded to have an executive session.
Reading Conservation Commission Minutes of 4/17/96 Page
VOTED: Michelle Keating, Esq. Yes
Stephen Chapman Yes
John Kilborn Yes
M. Clifton Proctor Yes
Nancy Eaton Yes
MOTION made and seconded to adjourn at 11:57 pm. VOTED: 5-0-0.
Prepared by Carla Gerber-Weintraub
Recording Secretary
submitted by,
Recording Secretary