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Home My WebLink About2001-09-26 Conservation Commission MinutesMinutes - Conservation Commission, September 26, 2001 Minutes of the Conservation Commission Town of Reading Selectmen's Meeting Room, 7 p.m. September 26, 2001 2001 DEC 11 A 1G' 01 Present: Vice Chair Patricia Lloyd; Commissioners Doug Greene, Thad Berry, Vincent Falcione; Consultant Leo D. Kenney; Administrator Fran Fink. Absent: Will Finch, Chair; Harold Hulse, consultant. Arrived and departed as indicated: Nancy Eaton arrived late; Thad Berry and Vincent Falcione left early. 7:00 Janet Kovner, Mystic River Watershed Association, Request for volunteers to assist with shoreline survey of the Abedona River in October. Janet made presentation about the association's project to survey the shoreline of the Abedona, starting in Reading, through Woburn and Winchester. The team intends to look at assets and potential problems, including visible pipes, eroded shorelines, and trash, and to suggest clean up. Oct. 20 and Nov. 4. Adopt a Stream program. She will keep Fran up to date. No removal of trash planned. Old/new business: 34 Duck Road. Fran thinks we need a wetland line established on site. What were original limits? 100- foot setback from vernal pool and 25-foot setback from wetlands. Fran will mark lines and we'll come by the following Sunday to approve. Vince Falcione moved and Doug Greene seconded approving the minor project signoff with written conditions. 4-0-1 in favor. (Nancy Eaton did not vote because she arrived in middle of discussion. 7:15 Michael Larkin Request to review status of work at 64 Pasture Road and other sites, including 34 Duck Road. Duck Road issue is outstanding bond and whether trees have survived. Sufficient canopy and understory growth to provide shade and stabilization to the area. Fran hasn't seen site. Nancy Eaton moved to release 2 bonds Commission is holding: $500 to Larkin and $500 to Cendant Mobility. Vince Falcione seconded. 5-0 in favor. 1 D w? t~f"t 1> IMASS. Commission discussed that a partial Certificate of Compliance was issued to lot 5 and 6.. No one has asked for a final Certificate of Compliance Minutes - Conservation Commission, September 26, 2001 With respect to 64 Pasture Road, Fran has drafted enforcement order regarding driveway paving. Nancy Eaton moved to ratify the enforcement order dated Sept.24, 2001. Doug Greene seconded. 5-0 in favor. Mr. Larkin said he heard the Commission criticized him and gave legal advice regarding suing. He said he heard we said he doesn't tell the truth. Pat Lloyd responded she didn't recall such a conversation, but that we had discussed whether to fine Mr. Larkin about the Pasture Road incident and whether we could order him included on the enforcement order. Nancy Eaton responded she doesn't remember the conversation the way Mr. Larkin described it. She indicated we asked our lawyer, who was present, to do some research into what action we could take if Mr. Larkin did not give new owners Order of Condition. Mr. Larkin said prior commission members committed ethnic slurs against him. Patricia Lloyd said that would not be tolerated here. Mr. Larkin asked about the status of Pasture Road. Nancy Eaton told him she believes Mr. Larkin gave the new owner an order of conditions. We discussed there was an outstanding order of conditions and we needed to do a site visit before we could give certificate of compliance. Mr. Larkin asked Fran to do a site visit first so he could fix anything before the Commission came by. Discussion that we need Certificates of Compliance and as-builts from Pasture Road and Edenville. Fran Fink will set a time to visit the properties. 8:05 Public Meeting, RGB 2001-24 Request for Determination of Applicability, 334 Ash Street, remove existing deck, construct three-season porch and deck in buffer zone: Dennis Curran Dennis Donahue, builder, present on behalf of applicant. Applicants wish to remove raised deck and replace with raised three-season porch. No removal of vegetation. Nancy Eaton summarized her site notes. New porch 2 feet wider 1 foot longer. Part roofed, part open deck. 12 feet to existing vegetation. Most vegetation was invasive species. Black Locust was overhanging, might need to be trimmed to avoid roofline. On left side facing back of house there is downspout, but no downspout on right hand side. Will need to stabilize ground underneath new deck. The consensus was work was more than 25 feet from wetland line. Fran Fink said she made similar.observations. Drafted., conditions, and Commission reviewed draft. Minutes - Conservation Commission, September 26, 2001 Nancy Eaton moved and Doug Greene seconded closing hearing. 5-0 in favor. Nancy Eaton moved and Vince Falcione seconded finding negative applicability with conditions as modified at the meeting. 5-0 in favor. Vincent Falcione left the meeting. 8:20 Stephen Conroy Request for information concerning Lot 3, Timothy's Place, DEP 270-322, RGB 1999-24 Potential buyer for property concerned about right-of-way easement. In exchange for donation of part of land, would town be willing to dissolve easement? Nancy Eaton responded: That was what was discussed and proposed originally. The swap never materialized. The developer changed its mind. Zoning bylaw requires 40,000 square feet minimum per lot, and he's expressed willingness to keep 40,000 and donate rest. Commission indicated it was amenable in the past to make such a recommendation. Josh Latham present on behalf of proposed buyer. Commission explained the town would have to accept gift of land through Town Meeting vote and dissolve right of way. Mr. Latham indicated the first step was to go to commission for endorsement. The Commission indicated it was still agreeable to dissolving the easement with a donation of land. Leo Kenney indicated he took students through the easement every year, but with a land donation they could walk in another way where there was ample parking. Nancy Eaton moved issuing an extension permit under RGB 1999-24, Timothy's Place Subdivision (379 Haverhill Street) from Nov. 3, 2001 to Nov. 3 2001. Thad seconded. 4-0 in favor. 8:30 p.m. Continued Public Hearing DEP 270-356, RGB #2000-19, Notice of Intent, 306 Main Street Applicant requested a continuation until October 10, 2001, at 8:30 p.m. Nancy moved and Doug Greene seconded continuing hearing until Oct. 10, 2001 at 8:30 p.m. in this room with no further notice to abutters. 4-0 in favor. 8:35 p.m. Kevin Emery 9 Gregory Road Fran hasn't done site visit yet. Retaining wall not done yet. Stabilization wasn't done. Mr. Emery did not appear. 8:40 p.m. Continued Public Hearing DEP #270-353, RGB 2001-11 Notice of Intent, 1375 Main Street, multi-family housing, driveway, drainage, parking, grading, landscaping, and utilities: Michael E. Hennessey. Applicant requested continuance. Nancy Eaton moved and Doug Greene seconded continuing hearing until Oct. 10, 2001, at 8:45 p.m. in this room with no further notice to abutters. 4-0 in favor. Minutes - Conservation Commission, September 26, 2001 8:15 Public Hearing, Proposed amendments to Town of Reading Wetlands, Protection Regulations adopted under section 5.7 of the Town of Reading General Bylaws. Nancy read legal notice. Attendance sheet circulated. Two documents available: white draft original suggestions. Yellow draft with comments from Town Counsel. Bob Brown, precinct 6, citizen, had some questions: He asked about options for slopes. Nancy Eaton responded. p. 6 item 20 - Mr. Brown had question about whether a specific size could be established for walls. Commission discussed it must be site specific. Item 20 D - What are native species of trees? Commission responded native to Massachusetts, and possibly county. Discussion of proposed bylaws. Yvonne Gonzales, Commission counsel, present and made comments. 10 p.m. Thad Berry indicated he had to leave. Nancy Eaton moved to approve regulation changes as proposed and modified, and leave items not yet reached until further time, and to hold on item 30 and 14. Doug Greene seconded. 4-0 in favor. Thad Berry left, and Commission no longer had a quorum. Commission discussed, but did not decide on these issues: A complaint concerning 629 Haverhill St. Alison and Bill Dennis built deck and above ground pool now deck with hot tub. Ron Wood apparently complained. 201 Salem Street - Fran Fink issued enforcement order. Track Road BOS meeting Oct. 9 to transfer tax title lands to Conservation/DPW. Discussed Community Preservation Act being placed on fall Town Meeting Warrant. Discussed Board of Selectmen voting to hold recall hearing for Nancy Eaton. 10:30 p.m. adjourned.