HomeMy WebLinkAbout1990-08-22 Conservation Commission MinutesReading Conservation Commission
Reading, Massachusetts
Minutes of 8/22/90
Meeting No. 20
PRESENT: R. Longley, V. Chm.; H. Hulse; E. Loschi;
J.Nickerson; M. C. Proctor; J. Keigley, Assoc.
Member; D. Nadeau, Adm.
ABSENT: C. Anthony; J. Lachmayr; J. Biller, Assoc, Member
7:15 PM Meeting called to order
Discussion of minutes of 8/8/90. Minor corrections
made. Moved and seconded to accept the minutes of
8/8/90 as corrected.
Voted 4-0-0
7:20 PM Administrator's Report. Agenda items reviewed
7:30 PM E. Loschi arrived.
7:30 PM Continued public hearing for "Kurchian Woods"
subdivision (DEP #270-222, RWB #1990-23). Mr.
Bill Bergeron of Hayes Engineering, representing
the owner, reported reflagging of wetlands line on
lots 1 and 2 to move the agreed upon edge of the
BVW toward the upland area. He requested that the
hay bale line be allowed to remain as originally
proposed. Mr. Bergeron acknowledged that the
redelineation of the BVW affects the filing fee,
bringing the proposed house for lot 2 within the
100' buffer zone. The Administrator advised the
commission that the new flagging of points 8 and 9
would leave only a 15' buffer zone, instead of 25'
usually required by the commission. A discussion
ensued regarding exactly what is meant by "natural
vegetation" vs. introduced species, and intent of
the "no activity" zone. The Administrator
reported that the Town Engineer was satisfied with
the proposed drainage scheme but indicated a bond
will be required. Other concerns expressed during
the hearing included the detention basin inlet and
outlet both being at the same end of the detention
basin; Bergeron indicated that the distance is 50'
between these two points, but suggested the
Commission might require a crushed stone arc in
front of the outlet to further delay discharge of
runoff into the wetland. Mr. Bergeron requested
waiving of filing fee in return for cleaning up
debris on the property line between the
subdivision and the adjacent Conservation
property. Concern was expressed for protection of
mature trees during any clean up operations, and
that use of heavy equipment should be limited.
8:20 PM H. Hulse moved to close the hearing for "Kurchian
Woods" subdivision (DEP #270-222, RWB #1990-23.
Motion seconded and voted.
Voted 5-0-0
8:22 PM Commission polled on whether or not to waive the
filing fee for lot 2 of Kurchian Woods, as
suggested by Mr. Bergeron.. Members agreed NOT to
waive the fee : precedent would be set;, fee not a
bargaining chip; waivers usually considered only
for state or municipal filings.
8:25 PM Public Hearing for Charles Gillis, 168 West St.
(DEP # 270-207, RWB # 1989-35). Hearing held to
consider plan changes voted as Significant by the
Commission at its 8/8/90 meeting. Mr. Bergeron of
Hayes Engineering represented the applicant and
reviewed the changes which include location and
orientation of the proposed house, change in
impervious surface, grading and fill. (See memo
dated August 22, 1990 from D. Nadeau, Adm. to the
Commission and letter of August 10,1990 from Mr.
Bergeron to the Commission). Adm. Nadeau
suggested that the performance standards could
probably still be met to protect the resource
area, but that there has been encroachment on the
25' "no activity" zone, which the commission may
wish to address. He recommends amending the Order
of Conditions. Comments from citizens favored the
new location of the house, but there was continued
concern about rapid and possibly increased runoff.
Questions were also raised as to why there should
have been such disregard for the order of
Conditions and why the discrepancies were not
caught sooner. It was suggested that enforcement
action might be appropriate. Commission requested
from the applicant the specs on clean fill;
verification of slab construction only for the
garage when/if built.
9:40 PM H. Hulse moved to close the hearing for 168 West
St.
Voted 5-0-0
9:43 PM Public Meeting. 6 Puritan Road , Gordon and Kathy
Whittaker (RWB #1990-28). Mr. Whittaker appeared
on his own behalf. Jan. 1989 RFD received a
negative ruling under 131/40, but a positive
determination under the local by-law for earlier
yard work. To mitigate for increased runoff from
proposed house addition, it is planned to replace
fill in the area between the addition and the
existing retaining wall with stone which has 30%
voids. Adm. Nadeau's concerns are catchment of
runoff: H. Hulse moved to close the meeting.
Voted 5-0-0
10:05 PM Public Meeting for Imagination Station, Birch
Meadow Drive, Friends of the Playground (RWB
#1990-27). Meeting postponed; envelopes had not
been provided to notify abutters.
10:10 PM Order of Conditions for Old Orchard Road
subdivision (DEP # 270-221, RWB #1990-22).
Procedural point of order was raised by the
applicant concerning same members of the
Commission being present to vote on the order of
conditions as were present at the hearing. Only 2
of the 5 members present had been present at both
hearing meetings. By request of the applicant, an
extension was granted to September 5, 1990 for the
Order of Conditions to be voted and issued. In
the meantime, it was requested and agreed by the
Commission that a letter would be sent to CPDC
` indicating the Commission's agreement with the
plans, in particular the proposed flood storage
area.
No actual vote taken.
10:32 PM, Whittaker, 6 Puritan Road (RWB #1990-28). H.
Hulse moved the Commission issue a negative
determination with conditions.
Voted 5-0-0
10:36 PM Town Well 82-20 (DEP #270-225, RWB #1990-21).
Draft Order of Conditions discussed. H. Hulse
moved that Order of Conditions as corrected be
issued.
Voted 5-0-0
11:02 PM Mr.Huang, 16 Plymouth Rd (DEP # 270-223, RWB #
1990-25). J. Nickerson moved order of conditions
as presented in the draft copy be issued..
Voted 5-0-0
11:04 N. Anthony Cole and Robyn Cummings, 75 Mill Street,
Deed of Easement signed for septic system located
on adjacent Town owned land under the jurisdiction
been taken at an-earlier-meeting.
11:07 PM 6 Rice Road (200 Forest Street), (DEP #270-80).
Certificate of Compliance issuance recommended by
the Administrator. So moved by J. Nickerson.
Voted 5-0-0
11:12 PM Marco DiRenzo, Lot 33 Pearl St. (RWB #1990-03).
Vote on request for extension of permit under the
local by-law postponed.
No action taken on request of Young Women's League for a
speaker on April 2, 1991.
11:15 PM H. Hulse moved to adjourn.
Voted 5-0-0
Respectfully submitted,
J. Nickerson, member
~ of RFgo
7 Town of Reading-,
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Reading, Massachusetts 01867 -2693'
6 ELP,r ~ ,
39' /NCOKP~ (617) 942-0500
DEPARTMENT OF COMMUNITY DEVELOPMENT
16 IA3WELL CTRFET
MEMORANDUM
TO: H. Theodore Cohen - Town Counsel
FROM: Donald Nadeau - Conservation Administrator 0,4(
DATE: September 20, 1990
SUBJECT: Proposed amendments - Reading Wetlands Protection Bylaw
cc'.."'. Bylaw Committee
Town Manager
Town Clerk
Commqnj DPVelo ment Di_rector~ A
erWai .-on Comrni.ss i,-)
c-
Enclosed please find the proposed amendments to the,Vetlands
Protection Bylaw, for your approval and submission to the
Selectmen. The Conservation Commission, at their meeting held
last. night, voted to accept and submit these amendments to the
Board of Selectman for placement on the November 1990 Special
Town Meeting Warrant. -
In anticipation of any changes that you may find necessary, 1
will post another Commission meeting for Monday night and another
for Tuesday night, September 24 4nd 25, respectively. This wi.l.l.
give the Commission the opportunity to approve the changes prior
to the close of the warrant at 8:00 PM Tuesday.
Please call if you have any questions or suggestions. Thank you.
READING GENERAL BYLAWS
ARTICLE 5.7 WETLANDS PROTECTION
AMENDMENTS PROPOSED FOR NOVEMBER 1990 SPECIAL TOWN MEETING
To the Town Meeting:
The Reading Conservation Commission respectfully submits the fol-
lowing amendments to the Reading General Bylaws, Article 5.7
The Wetlands Protection Bylaw:
Notes: Only sections having proposed changes are listed here.
Cited text, is und.Q.x..a,.i.n_e_d;
Removed text is also denoted by (p~renth~~~) ;
Replacement text and additions are denoted by "quotes".
5.7.1 After w ter- poll cation add "prevention, fisheries"
5.7.2 After xLt ng_ add "there shall be no charge imposed for
such a request."
5.7.3 After *.wamp remove borde ng any) and add a
comma
After c.e-rt~ifleA mail add "or hand delivered"
5.7.4 After tul illdmg add ''part of" or similar wording
After Lhi ___k~yl~~t add "The Conservation Commission may
adopt. and impose project review charges."
After the existing izj_P_o*Qd replace (according to)
through end of -5 with a period
Replace 5.7.4.9 with "5.7.4.1"
Replace 5 _7-A.10 with "5.7.4.2" and add "under section
5. 7. 4. "
5.7.5 Replace (first sentence) with "All hearings and public
meetings held under Section 40 of Chapter 131 of the
General. Laws, when it applies, and under this Bylaw
shall _be held s mut-taneLa zs 1, , when possible. - - -
After En_yrQ-nmen tal, replace (?u~la ty Engineering on
with ''Protection, as said Chapter or
Regulations may from time to time be amended" or
similar wording
After the last sentence add "Notwithstanding the
preceding sentence, the following definitions are
hereby made a part of this Bylaw:
Activity shall also include the installation of
any utility conduit system, including
but not limited to drainage, sewage and
water systems; and changing of the
chemical, thermal or biological charac-
teristices of land or water
Alter.' shall mean to impact by any activity,
any area subject to protection under
this Bylaw
Bordering Vegetated Wetland shall include any wetland
that touches any creek,
river, stream, whether permanent or in-
termittent, ditch, pond or lake; or bank
thereof
Buffer Zone shall also include land extending one
hundred (100) feet horizontally outward
from the boundary of any area subject to
protection under this Bylaw except land
subject to flooding
ditch shall mean any man-made trench or furrow
that has not altered any creek, river,
stream, pond or lake; or bank thereof;
or wetland
Floodplain shall be synonymous with Bordering Land
Subject to Flooding
Groundwater shall be synonymous with Groundwater
Supply
Stream shall mean a body of flowing water,
whether permanent or intermittent,
moving along a hydraulic gradient
Dare Species shall also include those plant species
listed as rare, threatened or endangered
by the Massachusetts Division of
Fisheries and Wildlife Natural Heritage
Program
Wetlands shall mean lands where the water table
is at or near the surface, or the land
is covered by shallow water. This shall
include swamps, wet meadows, bogs and
marshes, creeks., rivers, streams, ponds
and lakes. Wetlands have one or more of
the following three attributes:
1. at least periodically the land supports
predominantly hydrophytic vegetation;
2. the substrate is predominantly undrained
hydric soil;
3. the substrate is saturated with water or
covered by shallow water at some time during
the growing season of each year
5. 7, 7 After regue_st for a remove (prior)
5.7.6 After permiss__for any add "activity that is likely
to'' and replace (removal) with remove, etc.
After f_conrol add "erosion control"
After PQ-1],ut-!c add protection of fisheries or
wildlife.''
5. 7 . 11 After emeraenc.y_.._.by__the ._remove (Commissioner of the
LD-F,QEI and)
5.7.15 Renumber this section "5.7.16
Add a new section 5.7, 15 "The Conservation Commission
may require that the, applicant bear the full cost of
any outside consulting- deemed necessary by the Commis-
sion to ensure adequate review of a proposal.
Respectfully submitted:
Reading Conservation Commission
For the Commission,
Donald J. Nadeau
Conservation Administrator
174 of Chapter 140 of the General Laws or any act in replacement thereof or amendment thereto
and, notwithstanding the provisions of said Section 173A, the schedule of fines shall be that set
forth in this bylaw.
S It shall be the duty of the Officer to apprehend any dog not restrained as required by Section 5.6.1
of this bylaw and to confine or cause to be confined said dog as provided herein. Any unlicensed
dog so apprehended shall be confined and otherwise dealt with by the Officer as required by law.
`Any dog so apprehended which is licensed and owned or kept in this Town shall be confined until
the earlier of its being reclaimed by said owner or keeper as provided herein or until the tenth
day-following the day on which such dog is apprehended If such a licensed dog is not reclaimed
as provided herein, within said ten (10) day period, the Officer shall take one of the alternative
courses of action which Section 151A of Chapter 140 of the General Laws or any act in
replacement thereof or amendment thereto, requires to be taken with respect to dogs not
licensed, collared or harnessed and tagged within the ten (10) day period provided therein.
5.6.5 Promptly following the apprehension and confinement by the Officer of any such licensed dog„
said Officer shall mail to the licensed owner thereof a notice of such apprehension and
confinement, which notice shall include a statement of the last date on which said dog may be
reclaimed as provided herein. The Officer shall also promptly inform the Reading Police
Department of such apprehension and confinement and of the description of such dog. Licensed
dogs confined by the Officer pursuant to this bylaw, shall be confined in a place suitable for the
detention and care of dogs and kept in a sanitary condition or they may be placed in the care of
the holder of a kennel license or of a charitable corporation incorporated exclusively, for the
purpose of protecting animals from cruelty, neglect or abuse.
5.6.6 The owner or keeper of any Gceased or unlicensed dog confined as provided for in this bylaw
may reclaim such dog upon payment of the costs and charges incurred by the Town for such
apprehension and confinement and care of such dog, said charges to be Twenty Dollars ($20.00)
for the apprehension of such dog, plus care charges of Ten Dollars ($10.00) for each full or partial
day of confinement in a pound owned or leased by or under the control of the Town or the Officer.
If the dog is confined in a place other than a pound owned or leased by or under the control of
the Town or the Officer, the care charges to be paid hereunder shall be the actual charges incurred
by the Town or the Officer for such confinement. No licensed dog confined as provided in this
bylaw may be reclaimed until the owner or keeper thereof shall have paid all such costs to the
Officer. The Officer shall pay over to the Town Treasurer-Collector all sums so paid to him, said
sums to be applied to the cost of enforcing this bylaw.
5.6.7 The fees for licensing dogs under General Laws Chapter 140, Section 139 shall be the mount set
forth in Section 2 of Chapter 57 of the Acts of 1985, or such other annual fees as may be established
from time to time by vote of the Town at an Annual or Special Tow I n,Meeting. Licensing eligibility,
dogs not required to be licensed, or refunding of license fees, shall bF determined as provide': in
General Laws Chapter 140, Section 139,
5.7 Wetlands Protection
S.71 The purpose of this bylaw is to protect the floodplains and wetlands of the Town by controlling
activities deemed to have a significant effect upon wetland values, including but not limited to the
following: public or private water 4upply, groundwater, flood control, erosion control, storm
damage prevention, water pollution and wildlife.~
5.72 Any person desiring to know whetHer or not a proposed activity or an area is subject to this bylaw
may request a determination from the Conservation Commission in writing. The Conservation
Commission shall issue its determination, in writing, within twenty-one (21) days from the receipt
of such request.
S.73 No person shall remove, fill, dredge or alter any bank, fresh water wetland, flat, marsh, meadow,
bog, swampror lands bordering any creek, river, stream, pond or lake or any land under said waters
General Byiaws 27 November W, 1 Can
but not substantially changing or enlarging an existing and lawfully located structure or facility
used in the service of the public and used to provide electric, gas, water, sanitary sewer, storm
drainage, public roadway, telephone, telegraph and other telecommunication services, without
filing written notice of his intention to so remove, fill, dredge or alter and without receiving and
complying with an Order of Conditions and provided all appeal periods have elapsed. Such notice
shall be sent by certified mail to the Reading Conservation Commission, including such plans as
may be necessary to describe such proposed activity and its effect on the environment.
5.7.4 The same Notice of Intent, plans and specifications required to be filed by an applicant under
Section 40 of Chapter 131 of the General. Laws will be accepted as fulfilling the requirements of
this bylaw, except a project review charge shall be imposed according to the following schedule:
5.7.4.1 Minor project (house addition, tennis court,
swimming pool, utility work, etc. $50.00
5.7.4.2 New single family dwelling $400.00
5.7.43 Subdivisions (road and utilities only) $400.00 + $2.00 per foot of roadway
sideline within 100 feet of wetlands or
within land (isolated or otherwise) subject
to flooding.
5.7.4.4 Multiple dwelling structures $400.00 + $100.00 per unit, all or part of
which lies within 100 feet of wetlands or
within land (isolated or otherwise) subject
to flooding
5.7.4.5 Commercial and industrial projects $500.00 + $0.50 per square foot of wetland
disturbed and/or $.02 per square foot of
land (isolated or otherwise) subject to
flooding or of 100 foot buffer disturbed
5.7.4.6 Extensions
1. Single family dwelling or minor project $25.00
2. Other $50.00
5.7.4.7 Refilings of previously denied projects
within three (3) years Original Fee or $1,000.00, whichever is less
5.7.4.8 Determinations $25.00
5.7.4.9 The maximum fee on any one filing will be $3,000.00
5.7.4.10 Town Projects are exempt from review fees.
5.7.5 The said Conservation Commission shall hear any oral presentation under this bylaw at the same
public hearing required to be held under the provisions of said Section 40 of Chapter 131 of the
General Laws. Definitions, time frames, and procedures, insofar as applicable, set forth in said
Chapter and Section and in the Regulations promulgated by the Department of Environmental
Quality Engineering on July 28,1978 are hereby made a part of this bylaw.
5.7.6 The term "person," as used in this bylaw, shall include any individual, group of individuals,
association, partnership, corporation, company, business organization, trust, estate, the
Commonwealth whenever subject to Town bylaw or any political subdivision of the
Commonwealth whenever subject to Town bylaw, administrative agency, public or quasi-public
corporation or body or any other legal entity or its legal representative, agents or assigns.
5.7.7 The Conservation Commission, its agent, officers and employees, may enter upon the land upon
the purpose of carrying out its duties under this bylaw andmay make or cause to be made such
examination or survey as deemed necessary.
November 30, 1 989 28 General Bylaws
5.7.8 The Conservation Commission is empowered to deny permission for any,remov'~ dredges
filliWor alteriag-ef subject lands within the Town if, in its judgement, such denial is necessary
for the protection of public or private water supply, groundwater, flood control, storm damage
prevention or the prevention of pollutio Due consideration shall be given to possible effects of
the proposal on all values to be protectc under this bylaw. 7
o" I
5.7.9 The Conservation Commission maY
impose may, as an a~lternat ve to denial, impo
se such conditions as it
deems necessary to contribute to the protection and preservation of the subject lands in
accordance with the purposes of this bylaw.
5.7.10 The Conservation Commission may require the posting of a bond with surety, running to the
municipality, and sufficient as to form and surety in the opinion of the Commission's counsel, to
secure faithful and satisfactory performance of work required by any Order of Conditions, in such
sum and upon such conditions as the Conservation Commission may require. Other evidence of
financial responsibility which is satisfactory to the Conservation Commission may be accepted in
lieu of bonding. Notwithstanding the above, the amount of such bond shall not exceed the
estimated cost of the work required or the restoration of affected lands and properties if the work
is not performed as required, whichever is greater. Forfeiture of any such bond or other security
shall be recoverable at the suit of the municipality in Superior Court. Such bond or other security
shall be released upon issuance of a Certificate of Compliance.
5.7.11 The notice required by Section 5.73 of this bylaw shall not apply to emergency projects necessary
for the protection of the health and safety of the citizens of Reading and to be performed or
ordered to be performed by an administrative agency of the Commonwealth or by the Town.
Emergency projects shall mean any projects certified to be an emergency by the Commissioner
of the Department of Environmental Quality Engineering and the Conservation Commission if
this bylaw and Section 40 of Chapter 131 of the General Laws, as amended, are both applicable
or by the Conservation Commission if only this bylaw is applicable. In no case shall any removal,
filling, dredging or altering authorized by such certification extend beyond the time necessary to
abate the emergency.
5.7.12 The provisions of this bylaw shall not apply to any mosquito control work done under the
provisions of Clause (36) of Section S of Chapter 40 or Chapter 252 of the General Laws.
5.7.13 The provisions of this bylaw shall not apply to work performed for normal maintenance or
improvement of lands in agricultural use as of the effective date of this bylaw.
5.7.14 Appeal of an Order
5.7.14.1 In the event of the issuance of an order of Conditions denying modification to a
pre-existing residential structure, the applicant may, prior to appeal to a court of
competent jurisdiction, appeal to the Board of Appeals in writing withir; ten (10) days
after the receipt of the Conservation Commission's Order of Conditions.
5J141 Within forty (40) days of receipt of the appeal, the Board of Appeals will request and
review the record of the proceedings of the Conservation Commission and render a
decision as to whether the Order of Conditions should be modified by the Conservation
Commission and what the modifications shall be.
S.7.143 Any party aggrieved by the Board of Appeals' decision may pursue all other available
remedies at law.
5.7.15 After due notice and public hearing, the Conservation Commission may promulgate rules and
regulations to effectuate the administration of this bylaw. However, failure to promulgate rules
and regulations as herein provided or a legal declaration by a court of law of the invalidity of any
section or provision of this bylaw shall not invalidate any other section or provision thereof.
General 6ylawa 29 November 30, 1 989