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HomeMy WebLinkAbout1994-11-30 Conservation Commission Minutes1. READING CONSERVATION COMMISSION Minutes of November 30, 1994 Meeting No. 25 PRESENT: James Biller, Chair; Stephen Chapman, Vice-Chair (7:20 P.M.); Josh Drexler; Nancy Eaton; Joan Nickerson; M. Clifton Proctor; and Leo Kenney; Conservation Administrator, Donald Nadeau; and Recording Secretary, Elizabeth McDonough The Chair called the meeting to order at 7:06 P.M.. APPROVE DRAFT MINUTES OF NOVEMBER 2 & NOVEMBER 16 1994 The minutes of November 2 and November 16, 1994 will be discussed at a future meeting. ADMINISTRATOR'S REPORT: 1.) 8 Kurchian Lane: Mr. Nadeau received comments from Ted Cohen, Brad Latham, and Jim Sprague (Regional Engineer, DEP) regarding 8 Kurchian Lane.. 2.) Greenhouse Acres: Plans were received with details of: wetlands, fill, dry stone retaining wall and concrete retaining walls. 3.) DPW Culvert Maintenance, Arnold Ave.: Entrance made with minimal disturbance. Culvert outlet was broken and was difficult to find. The intention is to install a standard eight-foot end section. Some of the other issues discussed were: a sump pump, re-establishing grade or protecting the vertical face. Reference was made that the land may be located in Woburn, and this will be verified. 7:30 P.M.: CARRIAGE ESTATES, PHASE II DEP# 270-236, RGB# 1991-10, Liaison: J. Drexler Presentation: Mark Favaloro, and Jim Douglas of Favaloro & Schreiber were present to address the Commission. They commented that the requests of the Commission, outlined in a letter from the Administrator had been done completed. They had submitted a disposal report, and paving work had been done. Discussion: Mr. Nadeau said that he had signed off on the minimum requirements. Mr. Drexler gave the following report on his site visit: 1.) the upper crossing had not been touched, the sewer line crossing had loam on the ends and black organic mulch in the middle; 2.) hay bale line had been moved back from the vernal pool; 3.) the limit-of-work line had been complied with and hay bales and a silt fence had been installed; 4.) small amounts of mulch had been placed on the groomed and seeded grassy slope; 5.) tree litter, metal and other debris had been cleaned up; 6.) both sewer and waterline crossings could use additional organic material; and wall. READING CONSERVATION COMMISSION 11130194 2. After much discussion, it was agreed that the following would be made of applicants: 1.) three haybales are to be added on lot 2 along lower silt fence around the vernal pool; 2.) add the compost or mulch to grade in the fenced off area at sewer and water crossing; 3.) conform to the grading plan; 4.) trees on lot 2 in front of the water crossing in the work area must be free from fill on their roots; and 5.) the tree trunks on the school property need to be addressed. Upon completion of these final requests, the cease and desist may be lifted. The Order of Conditions was reviewed, and the Commission agreed to issue a Partial Certificate of Compliance. MOTION - A MOTION WAS MADE AND SECONDED THAT THE CONSERVATION COMMISSION ISSUE A PARTIAL CERTIFICATE OF COMPLIANCE FOR CARRIAGE ESTATES, PHASE II, SUBJECT TO MR. NADEAU'S VERIFICATION THAT THE FINAL LIST OF THE CONDITIONS ARE COMPLETED AND MEET THE REQUESTS OF THE COMMISSION. VOTED 5-1-1 8:05 P.M. PARTIAL CERTIFICATE OF COMPLIANCE-GREENHOUSE ACRES #5 & 6 VIOLATION - GREENHOUSE ACRES (Ref: DEP# 270-162) RGB# 1987-3, Liaison: XXX Presentation: Russell Tanzer, Project Manger, Carnation Management Co. was present with a request to continue work on Greenhouse Acres. Mr. Nadeau responded that many Certificates of Occupancy had already been issued before these issues arose. A site visit was made on November 27, 1994 with Mr. Biller, Mr. Chapman, Mr. Drexler, Ms. Eaton, Mr. Proctor, and Mr. Kenney in attendance. Discussion: Mr. Chapman gave a summary of the numerous violations noted on the site report. Mr. Drexler mentioned that it appeared that the wall elevations had not been constructed according to the submitted site plans. Mr. Biller commented that the work on the foundation for the wall behind unit 8 appears to have resulted in the roots of trees being chopped off. The Commission also noted concerns with the wall elevations, the driveways, and other violations that had not been noted in previous site inspections, however, Mr. Nadeau explained that until the recent inspection when the violations had been found, there had not been any inspections since 1992. The Commission continued with an extensive discussion on the violations as well as work continuation, , and it was agreed that the following items would be outlined in an Enforcement Order: 1.) 'Structural engineer's report would be required regarding the stability of the retaining walls and a technical report for the two types of walls being used. 2.) As-built plans of the entire development would be supplied with complete verification of what has been done. 3.) A clear and detailed comparison by the engineer who does the as-built showing the deviations from the oriainal elan- 4.) Emergency temporary stabilization for deep slopes behind lot 8 to protect said slopes. Applicant must discuss any similar deep slopes with the Administrator. READING CONSERVATION COMMISSION- 11130194 3. 5.) Emergency stabilization of the disturbance made by unit 5. 6.) Fence to be re-established in a stable manner where it was originally allowed (and shown) on the plan. Where there is some encroachment, the silt fence is to be put as close as they can to the approved work limit line. 7.) They are allowed to work on the building that is being framed, but only within the footprint of the building. 8.) There will be no further work at #2. MOTION - A MOTION WAS MADE AND SECONDED NOT TO GRANT A PARTIAL CERTIFICATE OF COMPLIANCE FOR GREENHOUSE ACRES. VOTED 7-0-0 MOTION - A MOTION WAS MADE AND SECONDED TO ISSUE AN ENFORCEMENT ORDER FOR GREENHOUSE ACRES. VOTED 7-0-0 9:05 P.M. A five minute break was called. 9:10 P.M. CONTINUED PUBLIC HEARING - 200 GROVE STREET DEP# 270-265, RGB# 1994-28, Liaison: J. Drexler Review: The November 2, 1994 Public Hearing had been continued and the applicants had been granted an extension to allow the following to be submitted: 1.) A DEP file number, 2.) exact location of proposal, 3.) confirmation of building footprint, 4.) confirmation of utility location, 5.) better depiction of existing proposed contouring at the rear of the property, and 6.) a narrative of intents for landscaping at the rear of the property. The applicants had agreed with all of these requests. Presentation: Charles and Peggy Keniston, applicants and owners, were present to address the Commission. Mrs. Keniston reviewed the newly submitted plan which showed a footprint of the house, the area to be landscaped, and right of way to the property. They are requesting to build the patio area of the house into the buffer zone and clean and landscape the area behind the house. She added that they would be cleaning up rocks in the area and using them to repair a stonewall boundary, and cleaning out man-made rubbish, as well as branches and downed trees in the buffer zone. Equipment would be used only for the digging of the foundation, and no equipment would be entering the 25' buffer zone. Discussion: Mr. Nadeau said that flagging of the work limit line had also been requested. He also detailed the location of the water and sewer tines outside of the buffer zone for the Commission. Mr. Kenney informed the applicants that no dead materials or rocks were to be removed from the ZNV. Mr. Nadeau explained that loose stones may be removed. Mr. Kenney requested that the final plan show Y where landscaping will be done, and that no downed lambs or trees are to be removed from the buffer zone. Mr. Nadeau also outlined the specifics for the term "landscaping" forthe applicants. - READING CONSERVATION COMMISSION --11130/94 4. Mr. Drexler commented that the Commission had previously discussed the possibility of establishing a 50' ZNV because of possible enhanced erosion from the extreme slope in the area. After a review of the contours of the plan, Mr. Chapman stated that he could not support that concept. Mr. Chapman requested that a haybale limit of work line on the 25' buffer also be added to the plan. Mr. Chapman also suggested that the term "Conceptual Subdivision" be removed if these were to be the final plans. He also noted that the originally submitted plans had been altered with the addition of the footprint of the house. Mr. Biller instructed the applicants to have the engineer stamp and date the altered plan. MOTION - A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING ON 200 GROVE STREET, DEP# 270-265, RGB# 1994-28. VOTED 6-1-0 9:35 P.M. PUBLIC MEETING - 8 KURCHIAN LANE RGB # 1994-32, Liaison: XXX Administrator's Report: A site visit was made on November 27, 1994 with Mr. Drexler, Ms. Eaton, and Mr. Kenney in attendance as well as the applicant, Ms. Solimini. DPW agreed to address the situation. Jim Sprague, DEP, in his conversation with Attorney Brad Latham, suggested that original approval be considered on this case, and that a Request for Determination be issued. The work limit line on the Request for Determination was reviewed. Discussion: The Commission discussed trees to be removed in the area where the silt fence was allowed to be set 15' to the rear of the proposed dwelling as well as the original 25' work limit line. The Commission reviewed the as-built and the final plan. The Commission was concerned because the original plan for the Notice of Intent did not line up with the current submitted as-built plan; the house is closer than shown on the original plan. Mr. Nadeau commented that the house is in the correct location, but that the garage is deeper into the back. He added that the hay bale was enforced in a significantly different place than allowed in the Order. Also, on the final plan, the back of the house is 12' from the silt fence; the Order allowed 15.' MOTION - A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC MEETING ON 8 KURCHIAN LANE. VOTED 6-1-0 Discussion: The Commission discussed how to document the two sets of plans. A suggestion was made to make discussed modifications on the newly submitted final plan and that the applicant initial and date those plans. MOTION - A MOTION WAS MADE AND SECONDED TO ISSUE A NEGATIVE DETERMINATION FOR 8 KU'RCHIAN LANE USING THE FINAL MODIFIED PLAN WHICH WAS INITIALIZED AND DATED FOR NOVEMBER 30, 1994 BY THE VOTED 5-2-0 READING CONSERVATION COMMISSION --'1130/94 5. 10:15 P.M. VIOLATION - 38 CROSS STREET Administrator's Report: Mr. Nadeau reported that on Sunday, November 20, 1994, he had observed grading and clearing and marking of trees in a red maple swamp, The property owners were informed that the area was protected and that they would need to file an application for a determination, and a Violation Notice was issued on November 21, 1994. A site visit was made on November 27 with Mr. Biller, Mr. Drexler, Ms. Eaton, Mr. Drexler, Mr. Kenney, Mr. Proctor, and the applicant. Presentation: Marilyn and Michael Pacillo were present to address the Commission. Mr. Pacillo stated that the did not have any detailed plans, but that he was cleaning up the area. He said that there were batteries, tires, etc. on the lot. He had measured the property line from the available town maps. He was not aware that he had encroached upon the wetland. Discussion: Mr. Nadeau recommended determining where the waterline is, and Mr. Biller advised that the applicants hold off doing any more cleaning until the wetland issue is resolved. MOTION - A MOTION WAS MADE AND SECONDED THAT AN ENFORCEMENT ORDER BE ISSUED AND MAINTAINED FOR SUBJECT PROPERTY, 38 CROSS STREET, AND THAT THE COMMISSION AGREES TO VIEW THE SITE AGAIN TO DEFINE THE WETLAND LINE AS WELL AS TO FURTHER DECIDE WHAT ACTION NEEDS TO BE TAKEN TO REMEDY THE ACTIVITY ON THE SITE. VOTED 7-0-0 10:40 P.M. OLD/NEW BUSINESS: $585 CPDC Bond Release for BVW Survival - Birch Meadow Estates Administrator's Report: Mr. Nadeau reported that the wetland plants had wintered and summered over, and that blueberry plants had come back. He recommended releasing the bonds. Mr. Kenney reported that at a November 13 site visit he had noted that the blueberries did not look well, and that one maple was dead. There was also a question regarding drainage at the end of the road. He added that one house seems to have extended their yard into the wetland. The Commission agreed to wait until Spring to release the bond to evaluate these issues. MOTION - A MOTION WAS MADE AND SECONDED TO HOLD THE $585 BOND UNTIL SPRING IN ORDER TO EVALUATE THE SITUATION AT THAT TIME. MOTION - A MOTION WAS MADE AND SECONDED TO ADJOURN AT 10:45 P.M. Respectfully submitted, Elizabeth C. McDonough Recording Secretary MOTION 7-0-0 MOTION 7-0-0 READING CONSERVATION COMMISSION 11130194