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HomeMy WebLinkAbout1990-08-01 Conservation Commission MinutesREADG CONSERVATION COMMISSION READG, MASSACHUSETTS t Minutes of 8/1/90 ' Meeting No. 18 PRESENT: C. Anthony, Chmn.; H. Hulse; M.C. Proctor; J. Lachmayr; J. Biller, Assoc. Member; J. Keigley, Assoc. Member; D. Nadeau, Administrator ABSENT: R. Longley, J. Nickerson, E. Loschi 7:00 PM Meeting celled to order. 7:03 PM Discussion of the minutes of 7/11/90. Minor corrections were made. It was moved and seconded to accept the minutes of 7/11/90 as amended. VOTED 4-0-0 7:05 PM Discussion of the situation concerning the pulling of the Greenhouse Acres Development bond. Don reported that he has not heard anything further from town counsel, but presumes that it is being taken care of. 7:09 PM Discussion of the minutes of 7/25/90. Minor corrections were made. It was moved and seconded to accept the minutes of 7/25/90 as amended. VOTED 4-0-0 7:10 PM Mr. Jim Keigley introduced himself. He has attended several prior meetings and is interested in being an Associate Member of the Conservation Commission. He is a long time resident of the community with a strong interest in conservation. 7:13 PM H. Hulse moved that Mr. Jim Keigley be made an Associate Memberof the Conservation Commission. VOTED 4-0-0 7:18 PM Don presented a brief discussion of the agenda and noted that there were three additional items added since the agenda was printed and distributed. The added items include finding a copy of the minutes of 12/21/88 meeting, reconfirming the vote to release the bond for the revegetation of Sanborn Village Phase IV (DEP# 270-171, RWB# 1987-12), and a letter from EPA regarding the Margossian property on Pasture Rd. Don also discussed the fact that the Order of Conditions forthe Old Orchard Rd. subdivision is not yet ready, that there are additional ammendments to the amended Order of Conditions for the Ashley Woods subdivision, and that the Order of Conditions for 562 Pearl St. is not yet ready. __.7:-24-PM------ --Di-scu-scion---of-added items -1-and -2_on- the-agenda:- Mr:-Jack, Rivers---has requested the release of the bond for the revegetation of Sanborn FINAL CORRECTED MINUTES 8/1/90 Page 2 Village Phase IV. A letter from the previous Conservation Administrator, Mr. Mark Boyajian, releasing the funds is apparently insufficient for some reason. The minutes of the 12/21/88 meeting are needed to confirm the original vote of the commission. Since the minutes cannot be found, the Commission decided to reconfirm the original vote. Don would appreciate a copy of the 7/21/88 minutes for the file if anyone has one. 7:28 PM M. C. Proctor moved to reconfirm the original vote to release the bond for the revegetation of Sanborn Village Phase IV (DEP#270-171, RWB#1987-12) in the amount of $21,400. VOTED 3-0-1 7:34 PM The continued Public Hearing for the "Old Orchard Drive" subdivision at 425/439 Haverhill St. (DEP#270-xxx, RWB# 1990-22) was reopened under Chapter 131§40 and Article 50. The Commission conducted a site visit earlier today with Ms. Deborah McCartney, biologist for Hayes Engineering, in attendance. Ms. McCartney presented a review of the relevant facts. The project includes the building of a Cul-de-sac, a detention area, excavating the drive areas to allow drainage, and excavating for the two new houses to be built in the rear areas of the property. Mitigation for erosion and sedimentation will be provided by hay bales surrounding all wetland boundaries. The roadway is narrow, no sidewalks will be installed, and the island will be landscaped to limit impervious surfaces. The detention area will compensate for lost water storage volume. The catch basins will include sediment traps, sumps, and gas traps to protect the wetland areas from contamination. There will be some disturbance within the 251 buffer zone around the detention area and lot 2. The detention area wilt be grassed. No disturbance will take place within the existing wetland areas. A discussion was held on the prohibition of salt on the roadways, and the use of chemicals such as fertilizers, pesticides and herbicides within the grassed detention area and near any of the wetland areas. J. Lachmayr expressed concerns that the erosion controls, especially as regards the inlet and outlet of the detention area, be noted in the Order of Conditions. Ms. McCartney indicated that the erosion control plan which is part of the Notice of Intent specifies the use of hay bales and erosion control fabric and that the applicants would take every possible measure to comply. . Don noted that the CPDC had reduced the scope of the subdivision resulting in less impact on the wetlands. Concerns were discussed about the houses in the rear, especially lot 2 which is very near the wetlands and has little useable yard. The possibility of future problems and violations was discussed. The Commission wanted to make it clear to future owners that they may not encroach on the wetland areas. Mr. Matathia suggested that placing such restrictions directly on the deed was not appropriate, but suggested that the conditions which will survive in perpetuity be spelled out explicitly on-the Certi-fi-cate of-£ompli-ance.- This is sti11 -wit-hdn-the ti-t-l.e chain and makes the restrictions clearly apparent to any future owner FINAL CORRECTED MINUTES 8/1/90 Page 3 when title is verified and is more likely to be recognized than just a reference to the Order of Conditions. The members of the Commission agreed that this was a good idea. 7:58 PM H. Hulse moved to close the continued Public Hearing for the "Old Orchard Drive" subdivision at 425/439 Haverhill St. (DEP#270-xxx, RWB#1990-22). The Order of Conditions will be ready by either the 8/8/90 meeting or the 8/22/90 meeting as time permits. VOTED 4-0-0 8:02 PM Discussion of the "Kurchian Woods" subdivision at 284 Franklin St. (DEP#270-xxx, RWB#1990-23). A site visit is scheduled for Tuesday, 8/7/90 at 6:00 PM. 8:08 PM Discussion of the amended Order of Conditions for the "Ashley Woods" subdivision (DEP#270-219, RWB#1990-16. Don discussed several additional amendments to the Order of Conditions since the draft was distributed including the provision for a bond under Article 5§7. Don indicated that he feels that the final design and the resultant flow of water to the wetlands was adequate. He indicated that the Town Engineer has not yet provided a dollar amount to use for the bond, but suggested that the amended Order of Conditions be accepted with the stipulation that the recommendation of the Town Engineer be accepted. Ms. McCartney presented a letter from Peter Ogren of Hayes Engineering authorizing the Commission two additional days (until 8/3/90) to issue the amended Order of Conditions. 8:35 PM M. C. Proctor moved that the Order of Conditions for the "Ashley Woods" subdivision (DEP#270-219, RWB#1990-16) be issued as amended. VOTED 4-0-0 8:38 PM Discussion of the proposed Order of Conditions for the Vaughn property at 562 Pearl St. (DEP#270-xxx, RWB- 1990-19). Don will try to have this ready by Friday. J. Lachmayr wants to be sure that there is a condition regarding the promise to save and replant as much of the existing vegetation as possible. The need for a registered professional engineer to stamp the plans and "as-built" plans was discussed. The Commission agreed that they may be signed by a "qualified professional approved by the Commission". Mr. Wood of Wood Associates was approved to sign the original plans. A portion of the surety money will be withheld for at least two growing seasons to ensure that the plantings are successfully established. A condition protecting the existing trees was discussed. A discussion concerning the use of chemicals resulted in the concensus that no fertilizers be used within the 25' buffer zone, and that no pesticides or herbicides or other dangerous chemicals be used within the 100' jurisdiction of the Commission. A condition prohibiting fish in the pond as requested by Leo Kenny and agreed to by the applicants was discussed. --9.-02--PM_Discuss ion of the proposed _Order of Conditions for town _well 82=20:-___ Concerns were expressed over where the residue will be dumped and over FINAL CORRECTED MINUTES 8/1/90 Page 4 erosion control when the equipment is dismantled in January, 1991. Discussion of the dumping of what may be considered hazardous waste by the DPW within the Town Forest areas. C. Anthony will draft a letter to the DPW concerning the matter and recommending alternatives which may help solve the problem. The letter will be sent to Mr. Anthony Fletcher as head of the DPW. Copies will be sent to the Town Manager, Board of Health, Board of Selectmen, Building Inspector, and the Town Forest committee. 9:10 PM Discussion of the Certificate of Compliance for the Grove Street sewer extension (DEP#270-182, RWB#1988-2). Don reported that the Riverpark 93 representatives have been very cooperative and that everything appears to be completed and in good order. 9:12 PM M. C. Proctor moved to issue a Certificate of Compliance for the Grove Street sewer extension (DEP#270-182, RWB#1988-2). VOTED 4-0-0 9:13 PM Discussion of the easement for Anthony Coles and Robyn Cummings, 75 Mill St., to allow them to maintain a septic system which is partially on town land. J. Lachmayr expressed a concern that there is no specific wording to prevent the septic system from being enlarged as a "repair" as defined by State regulations. Don indicated that he felt that the prohibition against "major repairs" would probably cover the situation. It was suggested that the Board of Health be required to notify the Commission of any work. It was finally agreed to ask Town Counsel to amend the easement to add a specific prohibition against enlarging the septic system. 9:25 PM Dicsussion of a letter from EPA concerning the Margossion property on Pasture Rd. The EPA has notified Mr. Margossian that he may be in violation of Federal regulations and may need a permit from the Army Corp of Engineers for filling activities on the property. Don reported that although the Commission had issued a positive determination under the local bylaw, Mr. Margossian had appealed to the state which resulted in a negative determination. Don feels that this results in there being no wetlands and thus no violation. 9:35 PM Discussion of the need for funds to:pay for a course taken on behalf of the Commission by C. Anthony which was to be paid for by the town and was not. 9:36 PM H. Hulse moved that $250.00 from the revolving Conservation Fund be used to pay the expenses for the course attended by C. Anthony. VOTED 4-0-0 9:36 PM H. Hulse moved to adjourn. Seconded. VOTED 4-0-0 Respectfully submitted Assoc. Member FINAL CORRECTED MINUTES 8/1/90