HomeMy WebLinkAbout1995-07-05 Conservation Commission MinutesTOWN OF READING
CONSERVATION COMMISSION
Minutes of July 5, 1995 (#18) Selectmen's Meeting Room
Present: Chairperson: Nancy Eaton
Vice Chairperson: Stephen Chapman
Members: David Danis, Joshua Drexler, Harold Hulse, M,_ Clifton Proctor
Associate Member: Leo Kenney; Joan Nickerson (till 8:45 pm)
Absent: Conservation Administrator Donald Nadeau; James Biller
7:01 p.m. N. Eaton called the meeting to order and the following items were distributed:
Page 2 of the minutes of June 7, 1995; 7 pages of Site Visit Notes of 7-2-95;
Distribution List; Memo from Town Engineer re: Family Circle; Memo from
Town Engineer re: Greenhouse Acres; Request for tree removal and fence
from Michael Jamieson with attached sketch.
Corrections were made to phone information distribution list.
7:10 p.m. MOTION was made and seconded to accept the Minutes of June 7, 1995 as
amended. VOTED: 4-0-2. D. Danis and M. Proctor abstained.
7:20 p.m. MOTION was made and seconded to approve an extension under RGB #1992-08,
398-420 Haverhill Street until February 11, 1996 to coincide with the expiration of
#270-243. VOTE: 6-0-0.
7:25 p.m. MOTION was made and seconded to Amend and Issue the Order of Conditions
for Lot 1, Carriage Estates, DEP #270-236, RGB #1991-10 and that expiration of
such amended order will coincide with the above numbered projects. VOTE:
6-0-2. H. Hulse and D. Danis abstained.
7:35 p.m. Review of the Order of Conditions for parcel by 9 Percy Avenue was started.
7:45 p.m. JOINT MEETING WITH COMMUNITY PLANNING DEVELOPMENT
COMMISSION. Richard Howard, Jonathan Barnes and Town Planner Jonathan
Edwards joined the meeting. The following items were discussed:
a.) Joint Subdivision and PRD Bonding. Would such activity require any bylaw changes? We now bond
for construction and stabilization of storm water management systems and replications. CPDC bonds for
construction of utilities, etc. Conservation in many instances holds bonds for two growing seasons for
survivability of plantings. A joint bond could be feasible and beneficial to the applicant and the town
when one board's is for a small amount. Procedures would need to be developed to handle phased
_release-and other administrative issues.
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b.) Street acceptances. Both Boards expressed frustration at the lack of prior
notification and the timetable within which projects need to receive a recommendation for printing in the
Town Meeting Warrant. The question was raised as to who initiates such acceptances on the warrant:
the applicant or the town through Town Manager, Board of Selectmen or the Town Engineer. Both
boards felt that printed recommendations by both should appear in the warrant and neither board should
grant approval if there are any unresolved issues with the roadway or adjacent development. Both boards
agreed to write to the Town Manager and suggest development of a checklist whereby approvals pass
through all appropriate town entities before reaching Town Meeting. CPDC will consider not voting a
recommendation until Conservation has also had an opportunity to comment. Perhaps notification could
be provided to both commissions before the warrant closes when such proposals are known.
c.) Joint reviews of large, economic development-related projects. Previous problem
projects were discussed and the potential for streamlining the hearing process for applicants and abutters.
Conservation Commission has tighter regulatory roles for acting on projects and it was felt that after an
RDA/wetland line had been set, then a preliminary meeting with both boards to discuss where areas of
concern might have different recommended solutions by each board. Joint hearings could also lead to
longer meetings and eat into limited agenda time. When such joint meetings are appropriate, consider
having them at a specially called meeting so that neither board's regular meeting schedule would be
affected. S. Chapman felt special meetings should be held only when there were issues in conflict. Each
commission has a different set of responsibilities and concerns in review of projects. On projects with
lesser areas of concern boards could appear before the other or send a letter or communication via staff.
It was agreed each Commission would develop agenda items for a landfill joint meeting. Initially
surface and subsurface drainage were identified as subjects of mutual concern.
The joint meeting was continued until Monday, August 28, 1995 from 7:45 pm till 9:00 pm to
discuss additional agenda items and issues of mutual concern.
8:45 p.m. Request for Certificate of Compliance, Family Circle, DEP #270-234, RGB
#1991-09. Dominic Zanni, Chris Zanni and Robert W. Smith, PE, applicant's engineer
were present. A review of the file revealed that no requests for extension were filed under the local
bylaw and there was no correspondence from DEP indicating any extension. The Town Engineer's report
was read. Both Orders expired 4-17-91. The roadway construction and drainage met with the
Commission's approval. Mr. Zanni agreed that the silt fence noted on the plan is the actual location of
the silt fence line. Applicant will discuss with D. Nadeau next week how to proceed administratively on
reviving project and whether we can issue a partial certificate of compliance on an expired project and
whether applicant would need to refile to proceed with building of the house within the buffer zone. No
action was taken on this request.
8:53 p.m. 36 Randall Road request to cut down 7 trees (11 stems) and erect a fence around
the yard perimeter. Mr. Michael Jamieson noted his young daughter, the presence of
poison ivy and a problem with ants. Wetland species were reviewed from the site visit notes. All trees
fall within a 25'_Zone of Natural Vegetation which would-be protectedwere this a new project. It was
agreed the 3-stemmed maple at the back corner of the house was diseased and could be removed. The
consensus was that the remaining trees could have some judicious trimming of the limbs overhanging the
Minutes July 5, 1995 - Page 2
house under supervision or direction of the Conservation Administrator. Applicant was directed to Tree
Warden Bud Dickey with respect to the poison ivy concerns and its growing into the tree trunks. The
y Commission had no problem with erection of a fence which would go around the trees.
9:00 P.M. Certificate of Compliance, Autumn Lane, DEP 270-251, RGB 1993-03.
The Commission inspected the detention basin on Sunday, July 2 and the site
visit report was reviewed. Members J. Drexler, H. Hulse and M. Proctor also visited the site earlier this
evening and there was no additional growth beyond that observed on Sunday. Attorney Brad Latham
spoke for the applicant. Issues remaining are side slopes stabilization, erosion, and growth of vegetation.
Abutters (Mr. Stager and Mrs. Burke) again raised concern wither slope could be changed and total
volume reduced since not all areas intended to flow into the basin were in fact doing so. P. DeGenarro
said changes to the basin had been approved but there was never a plan change submitted to
Conservation. Contracted buyers (Mr. and Mrs. Conrad) want to see area stabilized. They are also
concerned with the proximity of the front left corner of their house to the top of slope. Gutters,
downspouts on houses on Lots 3 & 4 were discussed as well as the pooling of water at the rear of Lot 4.
Applicant may get letter from engineer re: stability and revised hydrology. Commission would consider a
plan change in conjunction with request for Certificate of Compliance. There is a letter from applicant's
engineer dated 5-12-95 in the file. No motion to approve the certificate was made.
9:37 p.m. Abedona River by Imagination Station, Birch Meadow Drive RGB #1995-18.
Ruth Cogan Clay, Human Services/Health Director presented a new map showing the
locus. Mrs. Clay reported that the rodenticide applied under the emergency order had been successful
and the playground had been reopened and there had been no new rodent sightings.
The current request is for approval of an ongoing maintenance plan to keep the bank clear of herbaceous
vegetation (not woody shrubs) to limit harborage for the rats. She proposed allowing other growth to
come back naturally and to monitor activity within the bank area and catch the problem before needing to
close the playground again. An additional aspect of the proposal is to cut the bank area running along
Birch Meadow Drive behind the bleachers on a one-time basis to see whether any rats were dwelling in
this area and if so to proceed with extermination work.
Commission members expressed concern over the clear cutting which DPW had done at the emergency
site. All vegetation along both banks and including cattails within the river itself were removed. The
Commission suggested Mrs. Clay confer with the Conservation Administrator with respect to doing a
wildlife habitat evaluation (possible cost through outside contractor $50041500). D. Nadeau may
review as to necessity. Noted conflict of interest concerns when he acts as our advisor and as consultant
to other town entities. Also requested a specific "maintenance" plan. The Commission noted concerns
with past DPW cutting activities and failure to replant. A meeting will be held with Public Works
Director McIntire as well on town-wide issues.
MOTION was made and seconded to close the public meeting. VOTED: 6-0-0.
MOTION was made and seconded to issue a-positive determination on RGB #1995-18 Aberjona River -
by Imagination Station, Birch Meadow Drive. VOTED: 6-0-0.
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10:12 p.m. Certificate of Compliance, Greenhouse Acres, DEP #270-162, RGB #1987-3.
Applicant had already received a copy of site visit notes of 7-2-95 and was given a copy of
the Town Engineer's report. A review of the file showed no partial certificate was ever issued on the
wetlands crossing, the replication areas or any of the buildings constructed by the previous developer.
The applicant was requested to show these areas on the final as-built plans.
The 4-18-89 Fafard Plan showing the 5 conservation restriction areas was displayed. N. Eaton reported
on her discussion with Town Counsel's office on the provisions of the agreement noting that most of the
issues dealt with within town issues, like sewer/drainage easements on the. same physical land as the
conservation restriction and valuation issues. The remaining issue with the applicant will be
identification of these areas in the field.
On behalf of the applicant Sterling Wall reviewed the activity since the violation order earlier this year
and the replication efforts which had been completed and responded to the areas of concern as itemized in
the site visit notes. He agreed additional work was necessary in some areas and requested permission to
remove haybales and silt fence in areas with block walls so the remaining areas could be soiled and
planted. He felt all plantings could be accomplished with two weeks. He agreed to pull back boulders
around tree by Unit 8C. Agreed to extend 4' wide stone filter strips in areas where erosion channels had
developed further out.
Violation of clearing behind Unit 16. Applicant states this work was done by condo association and
apparently this is not the first time it has been done. Silt fence and haybale appear to be off site. D.
Nadeau should check and reestablish line as necessary. Administrator to issue violation notice to
condo association. Applicant to work with condo association to develop restoration plan and educate
them as to necessity for coming to Conservation Commission for approval of such projects.
Building 2 deck/porch issue discussed. Not on plans. Encroaches into buffer zone. Discussed guttering.
Agreed to additional stone filter strips 3' wide and 24" deep around building at drip area to address
surface water flow into the wetlands.
There was a discussion whether any partial certificate of compliance should be issued on any project with
an existing violation.
MOTION was made and seconded to allow administrator to sign off on three units of Building 2 for
certificates of occupancy. VOTE: 5-1-0, Eaton in the negative.
11:15 p.m. Violation Notice: Lots 8 and 20, Carriage Estates H, DEP #270-23 6, RGB # 1991-10.
Jim Sheehan reported that the earth had been pulled back and the silt fence reestablishedon
Lot 20. He asked if it still needed to be further corrected to come out to the street. Violation on dumping
on Lot 1 also mentioned. Lot 1 order requires silt fence to come to street. Concern about height of dirt
above level of haybale. He agreed to move this material. If he removes some additional clay material,
the disturbed area may revegetate on its own. If not, he will regrade and seed when he does backfilling
and grading within next 4-5 weeks. Violation on Lot 8 will be dealt with as foundation is backfilled. Fill
will be cleaned, disposed of with records supplied. Mr. Sheehan is currently controlling development on
Lots 20, 3, 6, 8, 10 and 16 and he was_advised _to be_aware _of conservation concernson these lots. -
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11:20 p.m. Order of Conditions by 9 Percy Avenue, DEP #270-273, RGB #1995-19.
Review of draft order started early was completed. BVW and ZNV lines should
be shown on plans.
MOTION was made and seconded to accept and issue the Order of Conditions
as amended on the above referenced parcel. VOTED: 6-0-0.
11:30 p.m. Administrator's Sign-offs: Commission approved sign-offs to the following:
56 Pasture Road - porch on columns on front;
71 Track Road - porch on deck;
340 Lowell Street - repair 3' retaining walls;
113 Hopkins Street - fence on lawn;
6 Heritage Drive - prune 4-stemmed red maple over house - trimming only.
Is this tree on their property or only overhang?
The Commission conducted a site visit at 409 Haverhill Street on July 2 and noted several
wetlands violations. Applicant did not appear. MOTION was made and seconded that informal sign-off
of placement of a shed be denied and that a violation notice be issued with respect to digging and removal
of soils and other activity within a wetland. VOTED: 6-0-0.
11:40 p.m. J. Drexler said applicant from Lot 5, Carriage Estates I, had requested action on her
request for Certificate of Compliance. She and her children have been living in house for
some time now without occupancy permit. Boundary violations with Town Forest, cutting of trees in
Town Forest, total impervious areas and stabilization vegetation are all outstanding issues.
There was a brief discussion on D. Nadeau's delineation of Route 129. Is this supposed to
be an actual flagging or is it guidance for development of roadway plan? S. Chapman noted that the
project had gone out to bid and wetlands delineation was not included as a required activity for bidder.
We need clarification on this issue. Commission has not given an official line.
MOTION was made and seconded to adjourn at 11:47 p.m. VOTE: 6-0-0.
Respectfully submitted,
Nan L. Ea , Chair
Minutes July 5, 1995 - Page 5