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HomeMy WebLinkAbout1990-09-12 Conservation Commission Minutes3 } r ht " READING CONSERVATION COMMISSION READING, MASSACHUSETTS Minutes of 9 h~T90 Meeting No. 22 PRESENT: C. Anthony, Chmn.; H. Hulse; J. Nickerson; M.C. Proctor; J. Lachmayr; J. Biller, Assoc. Member; J. Keigley, Assoc. Member; D. Nadeau, Administrator ABSENT: E. Loschi; R. Longley; 7:02 PM Meeting called to order. 7:06 PM Discussion of the minutes of 8/22/90. Minor corrections were made. H. Hulse moved to accept the minutes of 8/22/90 as amended. Seconded. VOTED 3-0-2 7:08 PM Preliminary discussion of the Order of Conditions for the "Kurchian Woods" subdivision (DEP #270-222, RWB #1990-23). Questions were raised about the spacing of the inlet and outlet and the crushed stone arc proposed by Mr. Bergeron of Hayes Engineering. Don Nadeau discussed the reasoning based on Board of Health regulations, road elevations, and related factors. 7:10 PM Preliminary discussion of the Order of Conditions for the "Old Orchard Road" subdivision (DEP #270-221, RWB #1990-22). 7:13 PM Discussion of a request from the Young Women's Club for a speaker for their meeting on 4/21/91. The Commission will supply a speaker. J. Lachmayr has tentatively volunteered. 7:16 PM There will be a special Conservation Commission meeting on 9/19/90 to discuss the new regulations and bylaw. 7:19 PM Preliminary discussion of the Certificate of Compliance for Mrs. Ebrecht, 45 Sanborn Lane (DEP #270-189, RWB #1988-11). Mrs. Ebrecht was in attendence. The administrator has not had time to inspect the site. Further discussion at 9:00 PM. 7:24 PM Continued discussion of the Order of Conditions for the "Old Orchard Road" subdivision (DEP #270-221, RWB #1990-22). Discussion of changes and inserts proposed by the applicant as modified and agreed to by Don Nadeau. Don explained the modified changes and the fact that much of the language proposed to be deleted by the applicant was acutally retained. J. Lachmayr raised the question of whether the modified haybale line was documented and whether there should be an additional haybale line at the inlet. The administrator indicated that he had the authority to make sure that the haybales are placed as required by the -Commission- before -any -work could proceed FINAL CORRECTED MINUTES 9/12/90 Page 2 7:51 PM J. Nickerson moved to accept the Order of Conditions as amended for the "Old Orchard Road" subdivision under Chapter 131§40 (DEP #270-221) and Article 5§7 (RVB #1990-22). VOTED 4-0-1 7:56 PM Discussion of the drainage problems on Pasture Rd. Mr. Yonika of the Eastern Engineering Collaborative made the presentation for the Franklin Street Property Preservation Group. He explained that there are several problems in the area. The one on the agenda was the accumulation of vegetation and sediment in a drainage pipe and ditch designed to carry runoff to an adjacent wetlands area behind Blueberry Lane. This system no longer functions properly and needs to be cleaned and repaired. Mr. Yonika began a discussion of the other concerns of the neighbors in the area. C. Anthony stopped the discussion to clarify that only problems with the existing drainage system were on the agenda. These drainage problems are a separate issue from whether the development of the Margossian property has added increased peak flow rates and will cause other drainage problems. The Margossian matter was a subject of litigation and is not on the agenda. Mr. Yonika discussed the fact that other recent problems in the area have a direct effect on the clogged drainage system. He asked the Commission if the pipe/ditch system may be cleaned. The question was raised as to whether a drainage easement was formally given to the town or if the system was on private property. Mr. Yonika indicated that he believed that there was an easement, but that this would be investigated. The question of jurisdiction was raised. Don discussed some aspects of town policy on the maintenance of such drainage systems. Mr. Yonika emphasized that the pipe appears to have been designed for surface water, not groundwater, and the design may have been inadequate even before recent activity in the area (which he suggests may make the situation worse). A site visit will be held on 9/15/90 at 8:30 AM at 27 Pasture Road (the Martone property) to view the clogged existing drainage pipe and ditch system in regards to allowing cleaning operations. 8:35 PM A Public Meeting was opened for a proposed deck at 258 Lowell St. for Daniel Beckman (RWB #1990-29). Mr. Beckman described the proposed deck. 8:45 PM H. Hulse moved that a negative determination be issued for the proposed deck at 258 Lowell St. (Beckman, RWB #1990-29) as described on the submitted plans. VOTED 5-0-0 8:47 PM Public Hearing opened under Chapter 131§40 and Article 5§7 (DEP #270-xxx, RWB #1990-26) on work done at 41 A Street by Herbert and Sheila Monto. A presentation was made by an attorney, Mr. Perkins, on behalf of the Monto family. Grading on-the side yard adjacent to - the BVW (within the buffer zone) was done without permission from the FINAL CORRECTED MINUTES 9/12/90 Page 3 Commission. An effort was made to level off an existing lawn area. The residents were ignorant of the requirements of the applicable laws. The lawn was graded and replaced, and maple trees were _ planted. It appears that no work was done within the wetlands. Only the existing lawn area was disturbed, no damage was done to the area, and the new lawn has been stabilized. Mr. Perkins agreed to follow up on the DEP file number. 9:04 PM H. Hulse moved to close the Public Hearing for 41 A Street (DEP #270-226, RWB #1990-26) for the Monto family. VOTED 5-0-0 9:08 PM Discussion of a Certificate of Compliance for 45 Sanborn Lane (Mrs. Ebrecht, DEP #270-189, RWB #1988-11). The statement submitted by the RPE hired by Mrs. Ebrecht is incomplete since he was not present when some of the original work was done to certify compliance with certain conditions. Full certification would require digging up some of the work. The evidence available on the "as-built" plans indicates full or substantial compliance. 9:20 PM J. Nickerson moved to issue the Certificate of Compliance for 45 Sanborn Lane (DEP #270-189, RWB #1988-11). VOTED 4-0-1 9:22 PM Request for Extension for Greenhouse Acres, Fafard Companies (DEP #270-162, RWB #1987-3). The presentation was made by two Fafard representatives. They explained that the delay in finishing the remaining buildings and related improvements was due to-current market conditions. They discussed the fact that one reason the two interior detention areas were not finished was that Mark Boyajian (a previous Conservation Administrator) had suggested combining them into one detention area of a slightly different design. Don Nadeau and the Commisssion agreed in principle with this change. The Administrator required certain repairs on the siltation fences and areas around the unbuilt detention areas. The Fafard representatives agreed to make the repairs immediately. H. Hulse suggested that the extension be made to expire on 4/5/91 so that it would expire at the same time as the Order of Conditions under the state regulations. 9:48 PM H. Hulse moved to grant an extension of the Order of Conditions under Article 5§7 (RWB #1987-3) to expire on 4/5/91. VOTED 5-0-0 9:52 PM Public Meeting for Imagination Station, Birch Meadow Drive (Friends of the Playground) opened. Presentation by Ms. Debbie McCulley. The area (existing parking lot adjacent to the river and town playing fields) will have the blacktop removed and replaced with crushed stone. A substantial fence will retain the stone. The playground will be further from the bank than the existing parking lot. 10:03 PM H. Hulse moved that the Public Meeting be closed. FINAL CORRECTED MINUTES 9/12/90 Page 4 VOTED 5-0-0 10:07 PM H. Hulse moved that a negative determination with conditions be issued for the Imagination Station project on Birch Meadow Drive (RWB #1990-27). The conditions should include: 1) a haybale line be established prior to blacktop removal, 2) all activity be kept 15' from the top of the embankment. VOTED 5-0-0 10:11 PM Discussion of the proposed Order of Conditions for the "Kurchian Woods" subdivision. (DEP #270-222, RWB #1990-23). The location of lot 1 was discussed. The proposed limit of activity is only 10' from the BVW, and the house itself is only 261-27' from the BVW. Several ammendments were made to various findings and conditions for both Chapter 131§40 and Article 5§7 sections of the Order. An extended discussion was held on the merits of allowing exceptions to the normal "no-activity zone". 11:12 PM H. Hulse moved that the Order of Conditions as amended for the "Kurchian Woods" subdivision be approved and issued under Chapter 131§40 (DEP #270-222). VOTED 5-0-0 11:13 PM H. Hulse moved that the Order of Conditions as amended for the "Kurchian Woods" subdivision be approved and issued under Article 5§7 (RWB #1990-23). VOTED 4-0-1 11:19 PM Discussion of the amended Order of Conditions for Lot 5, 168 West Street (DEP #270-207, RWB #1989-35). Discussion of the builder flagrantly violating the original Order of Conditions, the current location and elevation of the house as built, and the problems created. Discussion of the applicability of a fine or some other penalty for such open disregard of the requirements of the Commission. 11:24 PM H. Hulse moved that the amended Order of Conditions dated 9/14/90 for Lot 5, 168 West St. under Chapter 131§40 (DEP #270-207) be approved and issued. VOTED 3-0-2 11:25 PM H. Hulse moved that the amended Order of Conditions dated 9/14/90 for Lot 5, 168 West St. under Article 5§7 (RWB #1989-35) be approved and issued. VOTED 3-0-2 11:28 PM Discussion of a Request for Extension for lot 33, Pearl Street (RWB -1990-03) The extension is not needed for five months. I.t is too premature to consider. FINAL CORRECTED MINUTES 9/12/90 Page 5 11:34 PM r Discussion of the proposed Street Sweeping Task Force. Only DPW director Tony Fletcher has responded to the letter of C. Anthony. No other town officials or boards have replied in any manner. 11:36 PM The Conservation Commission directs the Administrator to explore with Town Counsel the necessary procedures and options for levying a fine or other punishment on the developer of lot 5, 168 West Street for his serious and flagrant disregard of the Order of Conditions as originally issued. 11:40 PM Preliminary discussion of the proposed new wetlands bylaw and regulations. 11:43 PM The town engineering department has finished a survey of 16 Margaret Road. Mr. Fulgoni is correct in that he will lose several trees if he complies with the Order of Conditions as written. The original plans and part of the Order of Conditions are flawed in terms of elevations and other details. The Order of Conditions should be changed to correct the elevations. Don Nadeau recommended amending the Order of Conditions. The Commission agreed. 11:46 PM C. Proctor moved to adjourn. Seconded. VOTED 5-0-0 Respectfully submitted J. Biller Assoc. Member FINAL CORRECTED MINUTES 9/12/90