HomeMy WebLinkAbout1991-04-24 Conservation Commission MinutesRECE!
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READING
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Minutes of 04-24-91
CONSERVATION COMMISSION
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Meeting No. 11
PRESENT: Chairman Camille Anthony, Vice-Chairman Jennifer Lach-
mayr, James Biller, Harold Hulse, Joan Nickerson, M.
Clifton Proctor; Associate Members James Keigley and
Jennifer Miksen.
7:09 E. Loschi arrived.
7:10 Associate member E. Fuller arrived.
7:14 Conservation Administrator D. Nadeau arrived.
7:03 PM Meeting called to order.
7:05 Can i n~;~~3?~ Carriage Estates Phase II
DEP# 270-236, RGB# 1991-10. Peter Ogren, President of
Hayes Engineering, Inc. presented new material for the ap---
plicant. He explained CPDC perspective as to why wetlands
crossing is required. There is no reasonable alternative
from a planning perspective, including that cul-de-sac
roadways over 900 feet are too long, and grades limit the
alternatives.
He distributed additional sets of plans, a letter and a
drainage analysis. A 2'x 3' box culvert rather than a pipe
was discussed. Additional, plan changes on the set include
piping to the detention area, and the stream crossing plan
now shows both the straight, wall option and the wing wall
option. The roadway was moved off of the area that the
Commission was concerned about in the vicinity of Lot #20,
and the sewer alignment was moved.
7:23 D. McCartney of Hayes Engineering reviewed the results of
the meeting with the DF&W Natural Heritage Program. 'Vests
for water level were included. She said that detention
area design was discussed with Board of Health and , al-
though they have not formally decided, they indicated that
the design. would be acceptable. included in the handouts
were two alternatives for wetlands replication.
P. Ogren said he personally inspected the barn site off of
Dividence Road and the ''filled area Also he had a soil
sample taken in the area and all levels were below detec-
tion limits. Review of Fire Department records indicated
that an oil product was removed. He saw no evidence of
anything leaking. He did observe some tanks/drums full of
material.
B. Bertelsen questioned if there would be additional
drainage. M. Woodriff, Emerson Street was not notified.
A site visit was scheduled for Saturday, May 4 at 9:00 AM.
Reading Conservation Commission minutes of 04-24-91 Page 2
7:47 Motion made and seconded to continue the public hearing,
DEP# 270--236, RGB# 1991-10, to May 8, 1991 at 7:30 PM.
VOTE 5-0-1
7:55 ~,9x~~aauedP ~b1 ;Iari - Lot 35 Azalea Circle, DEP# 270-
232, RGB# 1991-03. Ben Chirco of The Fafard Companies rep-
resented the applicant. D. Nadeau reported that Town Coun_.
sel Ted Cohen said that it appears for the Notice of Intent
process that the land transaction should be considered
legal. However, he said that, on legal terms it is possible
that the land transaction arrangements could be questioned,
but the avenue to pursue that would be through the
bankruptcy court. B. Chirco mentioned the letter of April
1.1, 1991 and reiterated the attachment to the deed.
Tom Anzuoni, practicing attorney, 30--D Carnation Circle,
raised the concern of bankruptcy of the owner. He has
researched it and has found that a lawsuit for fraudulence
is pending against Madlyn Fafard. he also stated his con-
cern about work occurring in the 25-foot no activity zone.
H. Hulse told Mr. Anzuoni that under the Commission's find-
ings the 25-foot no activity zone means no work in that
area and all work must be performed upland of this area.
T. Anzuoni cautioned the Commission that the Fafard Com-
panies has before ignored the 25-foot no activity zone. He
requested that the 25---foot no activity zone be extended.
H. Hulse reminded him that the Commission must be wary of
arbitrary and capricious, action in the extension of the 25
foot no activity zone.
D. Nadeau confirmed that past work has shown that the
Fafard Companies have been lax in their maintenance of ero-
sion controls. He said that if the issue of the ownership
is in question, that is germane to the filing.
B. Chirco distributed a letter dated April 18, 1991 to Ted
Cohen from Attorney P.J. Beattie in regards to the Fafard
ownership. J. Biller gave testimony on the negligent main-
tenance activity of Ledgemere Land Co. B. Chirco said that
maintenance has been scheduled for next week.
8:30 Moved and seconded that the public hearing DEP# 270-232,
RGB# 1991-03 be continued to May 8, 1991 at 9:30 PM. B.
Chirco consented. VOTED 7-0-0
8:34 Lots 29 & 30 Brook Street, DEP#
270-233, RGB# 1991--06. Howard Buttrick, P.E. represented
the applicant. He addressed the question of the house
corner being within the 25-foot Buffer Zone - it was
Reading Conservation Commission minutes of 04-24-91 Page 3
settled in the field. He reviewed the test borings and
test, pits results and the conclusions about the ground
water level. He stated that a plan will soon be submitted
to CPDC which would make the two lots into one lot.
J. Biller asked why hole #2 surface elevation is noted at
87. 0 in profile, yet on the plan it is between 84-86. Mr.
Buttrick replied that it is -because the contours on the
plan are interpolated. He also mentioned that they are
old. E. Loschi noted that the driveway is in. the no-
activity zone. J. Lachmayr noted that the 25-foot Buffer
Zone labeled on the plan is a no activity zone. She said
it is to remain a no-activity zone. H. Buttrick said this
could be put on the deed, and it can also be put on the
deed that the driveway not be paved.
9: 00 P u_b_II_o____4mme t~s . 36 Redfield Street - concerned that
weight of house will. raise water table in his basement;
concerned about lack of back yard.
19 Brook Street - is there adequate upland area in the lot?
The upland as defined on the plan is created from the
Zoning Overlay District .line. Mr Buttrick was not sure
where the elevation of the line is located.
Ben Nichols inquired about two lots and the required upland
area. H. Hulse reminded him that we will address the two
lots vs. one lot. Mr. Nichols said that he questions if it
is legal to combine two lots into one lot. he asked if the
Commission had a ruling from Town Counsel on the lots issue
- two lots need 8,000 s.f. on each lot.
594 Summer Avenue - noted that water oozed out of hole #1
for two days.
25 Brook Street - has two sump pumps in basement.
46 Wakefield Road - asked for clarification of the 25-foot
no-activity zone.
19 and 23 Brook Street also had comments.
Moved and seconded to continue the pub
270-233, RGB# 1991-06, to May 8, 1991 at
Applicant agreed with the understanding
questions would be addressed:
- Was a prior enforcement order issued
- Two questions to Town Counsel.
lic hearing , DEP#
10: 00 PM.
VOTED 7--0-0
that only certain
on this property?
will be 3-4 feet larger than the pool itself J Biller
asked what would be done to support the downhill side of
Reading- Conservation Commission. minixtes of 04-24-91 Page 4
the pool. D. Nadeau said that the Commission may consider
waiving the 3:1 slope requirement on the downhill side.
9:43 Moved and seconded to close the public meeting, RGB# 1991-
11. VOTED 7-0-0
9:44 Moved and seconded that a Negative Determination with stan-
dard conditions plus 1) access during construction shall be
limited to south side, and 2) south side slope shall not be
greater than 3:1. VOTED 7-0-0
9:47?lic_ari~g - 18 Beaver Road, DEP# 270-xxx, RGB# 1991-
12. Tony Ruscio described the project and particularly the
retaining wall. The general Commission feeling was that it
had all the information but the DEP#. Mr. Ruscio consented
to a continuance in order to get the DEP#.
Motion made and seconded to continue the Public Hearing,
DEP# unknown, RGB# 1991-12. VOTED 7--0-0
10:10 Pubs icM_eeting - 314 South Street, RGB# 1991-13. John
Corey, P. E. represented the applicant, Linda Grafton. J.
Lachmayr noted that a 16'' mulberry tree is on the lot. C.
Bradorse, 28 Haystack Road, asked if the construction of
the house will affect the water level in the wetlands. Mr.
Corey cited that the runoff from the property which would
occur during the 100-year storm event, would add 1/10 of
one foot of water per acre.
Doug Wade, 16 Haystack Road, noted the presence of the oil
in the area. He said there is standing water on the
property.
10:55 Motion made and seconded to issue a Negative Determination
with standard conditions. J. Lachmayr discussed placement
of the fence. H. Hulse left at 10:56. VOTED 5-0-1
(C..Proctor)
11:10 Discussion on Order of Conditions 425, 439 Haverhill
Street, DEP# 270-221, RGB# 1990--22. The plan was revised
to simulate the existing hydrology to the existing vernal
pool at the site.
11:15 Moved and seconded that, based on the report by W.
Robertson, Assistant Director of Public Works, and informa-
tion presented, it be found an insignificant plan change,
and Request DEP to remand DEP# 270-221 to the Commission's
jurisdiction. (E. Loschi abstained) VOTED 5-0-1
Tentative meeting date with CPDC May 13, 1991.
11:20 Motion made and seconded to adjourn meeting. VOTED 6-0-0