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HomeMy WebLinkAbout2001-09-15 Conservation Commission MinutesMinutes of the Conservation Commission MASS. Town of Reading Selectmen's Meeting Room 2001 UL I -i 4 I September 15, 2001 Present: Will Finch, Chair; Patricia Lloyd, Vice Chair; Nancy Eaton, Doug Greene, Commissioners; Fran Fink, Administrator. Not Present: Thad'Berry, Vincent Falcione, Commissioners; Leo Kenney, Harold Hulse, Consultants. 8:40 a.m. Meeting called to order. Harvest Road, DEP #270-329, RGB#1999-42 Harvest Road, Lot 198 of Subdivision, Dorothy M. Jones. Applicant's attorney was present. Discussion of Attachment to Order of Conditions Documents discussed and added documents to complete list. Findings 1) Discussed ZBA's errors in their order - Instead of ZNV line, should be BVW. Also, there is no attached special permit to the order Also, the house is not 22 feet from bank, but 22 feet from bank to property line. 4) Discuss impact of sandy soil on proposed plan. Also discuss that arborist's letter written prior to moving location of house, but roots and canopy of large red maple are still within area of work. 6) Add "and the applicant has not submitted any plan to mitigate this impact." Nancy moved to approve and issue order of conditions for Harvest Road as amended today, denying the project under state and local regulations. Doug seconded. 4-0 in favor. Pat moved, and Nancy seconded, adjourning. 4-0 in favor. 9:20 a.m. - Commission adjourned. Minutes - Conservation Commission, September 12, 2001 0 Minutes of the Conservation Commission L R IV, 1ASS. Town of Reading Selectmen's Meeting Room, 7 P.M. ZOOZ JAIN L(9 P 12: 05 September 12, 2001 Present: Will Finch, Chair; Patricia Lloyd, Vice Chair; Doug Greene, Vinnie Falcione, Commissioners: Leo Kenney, Harold Hulse, Consultants Not present: Thad Berry, Mark Gillis. Late: Nancy Eaton 7 p.m. Preliminary presentation on Bedrock Well Project: Peter Tassie, Water Dept.; Andrew Miller, R.P.E., Project Manager, CDM; Dwight Dunk, Wetland Scientist, CDM; Ted Morine, Hydrogeologist, D.L. Maher Co. Distributed project update presentation material. Immediate focus on town forest, then Bare Meadow. Rig size 8 feet. Access road 15 feet. Want to do sites easy to access first. Fran Fink: All in the buffer zone. A few trees would have to come down for the tests, fairly understandable. Vinnie Falcione: What would be cleared? Access road and drilling pad of 40 x 20. Two proposed sites that appear to have most potential. If they are successful, then one, two, or three more may be considered. Pat What is need for new wells? Supplemental sources, new tools to deal with low flow. One step of study done. Also looking at MWRA to purchase as supplemental. If works out, don't need to spend as much money for MWRA. Bedrock wells are substantially deep. Farther from river so less impact on river. Ted Morine said studies and pumping tests evaluated impact to wetlands. In some cases, where no intervening barrier, some impact. In other communities, where geology different, impact was minimal to nonexistent. Need to see whether sufficient yield, then test to determine what will happen if pump at a sustained rate. Each has to be judged on geology of site. Harold Hulse: mentioned Sanborn development. 14 or 15 deep wells. Would this have any effect? Doesn't know. It would have to be monitored during 10-day prolonged pumping test. Jim Luker, Gale Associates, working with Ipswich River Stream Team: Looked at up-gradient area north of Ipswich River with 4 contaminated sites. Plumes extend down beneath Ipswich and not far from proposed test wells. Concerned development of pumping system could pull plumes down in Ipswich River valley. Area is very, ssensitive with a^lot of wildlife With drilling, GE has found M y ~contamination deep. Minutes - Conservation Conunission, September 12, 2001 2 Met with DEP on that issue. Purposely took VOC from site to look at fracture issue. Came back zero no VOCs reported. As concerned as anyone else about changing remediation efforts. Time frame 3 to 4 days to drill the well, then if favorable, does 8 hour pumping test, then submittals to DEP that take 3 to 6 years. Initial phase finished in 6 months. Each well takes two weeks, but intervening time frame. Gina Snyder, coordinates Stream Team for Ipswich Watershed Association: Knows that across the river, contamination went right into bedrock. Would draw contaminated water across fractures. Will Finch: We have requirement to protect habitat, so Commission needs to weigh in on that issue. No runoff into wetlands. Pumped tested water put back into ground. George Perry, Town Forest Committee: Water is going into settling basin. Sediment can be trucked out. Might want to use it as road base. 7:50- 64 Pasture Road violation. Mr. Palmer, owner, present. Sent paver registered letter asking him to come to meeting, but he hasn't contacted him and is not present. Mr. Palmer said he was unaware of consequences of his act. If he had known it was not permissable, would not have done it. His major concern is to redress damage done. Fran: Put together memo with history. Will suggested in N. Reading, conservation sends letter to new homeowners. Leo suggested enforcement action against Larkin. 8:05 Nancy Eaton arrived. Conservation Commission Attorney said there could be lawsuit between Palmer and Larkin, and we could possibly fine Larkin if he violated the law and bylaw (not just order of conditions). Two-year statute of limitations for fining for violations. Nancy Eaton moved for enforcement order to remove pavement and for a fine against contractor and homeowner, to be completed by a date certain with $300 fine per day for not doing work, and conditions of erosion control. No second. Motion fails. Vinnie Falcione moved and Pat Lloyd seconded to issue an enforcement order against Palmer and Cooper Paving to remove pavement up to house and garage area within 30 days, with $300/day'fine if not done by deadline. Also, a $100 fine against Cooper. VOTE: 4-1 in favor. Nancy Eaton opposed because feels homeowner should also be fined. 8:35 p.m. Vinnie Falcione left. _ Public hearing to discuss proposed Amendments to Section_S_._7_.af.Reading_G-eneral:B_ylaws._:____ - Legal notice read; commission introduced; attendance circulated; witnesses sworn. - Nancy Eaton complimented Fran on the work. Minutes - Conservation Commission, September 12, 2001 Town attorney Yvonne Gonzales was present and made recommendations. No public comments on the proposed change in language in the bylaw. Nancy Eaton moved and Doug Greene seconded closing public hearing. Vote: 4-0 in favor. Nancy Eaton moved and Pat Lloyd seconded approving revised proposed amendment as modified this evening and submitting to town board of selectmen for approval and placement on Town Warrant. Vote: 4-0 in favor. Timothy's Place - Kevin Cuniff present, requesting partial certificate of compliance and certificate of occupancy. Fran: Did site visit. Her only suggestion was to place bushes along ZNV line. Leo Kenney: Did Order of Conditions include marked right of way? Fran: No. Pat Lloyd: Weren't there grading issues outstanding? Commission felt it was premature to vote on certificate of compliance. Need as-builts. No vote taken. Indicated they would support land swap. Public Hearing, DEP 270-353, RGB 2001-11, Notice of Intent, 1375 Main Street Hearing was not opened but was continued to October 10, 2001, at the request of the applicant. 9:35 p.m. Continued Public Hearing DEP 270-329, RGB 1999-42, Notice of Intent, Lot 1989 Harvest Road. Applicant's attorney, Scott Consaul, present and asked for a continuance until all members could be present. Denied because the 4 members who constitute continuing quorum and are able to vote are present. Hearing notices read; commission introduced; attendance circulated; and witnesses sworn. Toni Capachietti presented revised project plan approved by ZBA - house now 7 1/2 feet from lot line and about 14.5-15 feet from bank. Fran Still doesn't meet ZNV standards. Trees on highly erosive bank. ZBA decision entered as document. Commission noted several misstatements in document. No appeals were filed from ZBA decision. Commission asked whether applicant had any analysis of bank impacts or proposed improvements to stabilize bank. Tony Capachietti said they could come up with such a plan, but did not have one tonight. Paul McDonald 39 Line Road: One of the issues coming up with Zoning Board was that Conservation Commission wouldn't waive 25 feet setback. Still doesn't meet that requirement. Height of house would be an impact visually and to property value. Tree damage would occur. Safety of home itself was questionable if bank was not maintained. y Applicant's attorney: It is impossible to build with 25-foot setback. Argued it would amount to a regulatory taking Minutes - Conservation Commission, September 12, 2001 Enter September 9 site visit notes into record. Roots and branches of large red maples extent into house area and could be damaged. Nancy Eaton mentioned large red maple integral to bank's stability. Fran Fink: Concern about bank is highly legitimate. Unstable stream. Her problem is that there's been no proposal as far as what to do with the bank to solve stabilization problem. Need professional analysis. Tony Capichetti: Looked into using rip rap but that might make it worse downstream. Applicant's attorney requested extension to bring engineering study regarding bank stabilization. Said the bank discussion was based on house closer to bank. This is new plan. Pat Lloyd said they had plenty of time to come up with plan to stabilize bank. They also could have considered a one story house, which would have allowed the house to be narrower if no staircase would be needed. House would have been several feet further from bank. Nancy Eaton moved and Doug Greene seconded to close public hearing. Voted 4-0 in favor of closing the hearing. Nancy Eaton moved to deny project because it doesn't meet performance standards of state wetland law or bylaws and because it doesn't meet 25 foot setback and, under this particular project, no reason to waive. Under Riverfront Protection Act, house allowed, but no particulars set out for meeting other laws and regulations. This design would endanger the bank. Doug Greene seconded. Voted 4-0 in favor. 10:20 Discuss scheduling for issuing Order of Conditions decision. Set meeting date for Saturday, September 15, 2001 at 8:30 a.m. Pat Lloyd moved accept Minutes May 9 and 30, June 13 and 20, July 9 and 18. Doug Greene seconded. Voted 4-0 in favor. Continued Public hearing DEP 270-359, RGB 2001-23, 111 Lilah Lane. Procedure read; no public attending. Draft order discussed. Letters received from Mass. Natural Heritage and Endangered Species Program and from owners. Pat moved and Nancy seconded closing hearing. Voted 4-0 in favor. Nancy moved we approve and issue draft order as amended. Pat seconded. Voted 4-0 in favor. Old/new business 201 Salem Street Nancy moved issuing enforcement order and issuing $100 fine, including removal of stone dust material, grading to bottom of hay bales, loam_an"Q-eding and work_done within._14, days . ~~~~and loam put in and then if not done, then $300 dollars a day. Pat seconded. Voted 4-0 in favor. Minutes - Conservation Commission, September 12, 2001 5 Pat moved and Nancy seconded revoking RDA for fence. Voted 4-0 in favor. Batchelder Road,- Nancy moved and Pat seconded approving minor project signoff. Voted 4-0 in favor. 30 and 34 Duck Road (Lots 5 and 6) - Not approving minor project. Need to look at site and see whether order of conditions was met. 11:00 p.m. 54 Beaver Road Pat moved and Doug seconded approving minor project of shed. 4-0 in favor. Meadow Brook Golf Club silt fence extended further. Pat Lloyd moved to approve minor project. Doug seconded. Voted 4-0 in favor. Fran Fink will do letter to apply for permit in advance next time. Nancy Eaton moved to issue Extension Permit to 8/30/2003 for Walkers Brook Crossing. Doug Greene seconded. Voted 4-0 in favor. Nancy Eaton moved to issue second Extension Permit to 8/30/2004 for Walkers Brook Crossing. Doug Greene seconded. Voted 4-0 in favor. Zachary Lane - Voted 4-0 not to release bond at this time. - 11:26 Meeting adjourned.