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HomeMy WebLinkAbout2001-05-23 Conservation Commission MinutesMinutes of the Conservation Commission Town of Reading Selectmen's Meeting Room Wednesday, May 23, 2001- 7:00 pm E J CLERK READII., C. MASS. 2001 ,ANN 15 11: 25 Present: Chair, Nancy Eaton; Will Finch, Doug Greene, Pat Lloyd, Vincent Falcione (till 8:30 PM) and Thad Berry, Commissioners; Leo Kenney, Consultant; Conservation Administrator Fran Fink Absent: Mark Gillis and Vincent Falcione, Commissioners 7:00 PM. Old/New Business Bare Meadow Conservation Area - Matt S.hapanka, Eagle Scout Project. Matt Passed out drawing of bridge he plans to build. He will be using pressure treated pine wood. Passed out "before" photos. Also will be picking up trees on the trails. Leo said to move into the woods because it becomes habitat. Trash can be removed. Trail is at back end of Bare Meadow that comes out to the end of Wood End Cemetery. Will be picking up stuff off all trails to use up time that he needs to do. He will start out concentrating on area around bridge. Work is planned for Saturday, June 16, 2001. Spoke to a civil engineer (Wetzel) and contractor, and his design is better than standard for the bridge. There are already 2X6s out there by Pearl Street. Vincent Falcione moved and Doug Greene seconded a motion that the Commission approve the Eagle Scout Project. Vote: 6-0 in favor. 7:15 PM - Harold Avenue PRD, DEP #270-301, RGB#1998-12, request for bond release, certificate of compliance, conservation restriction. Pat Lloyd moved and Vincent Falcione seconded releasing $500 bond. Vote: 6-0-0. 7:20 PM Request for Certificate of Occupancy and revised site plan, DEP #270- 323, RGB 1999-27, 908 and 912 Main Street. Fran Fink reviewed her memo dated May 23, 2001. Asked Mark Bergeron about impervious calculations. Mr. Bergeron said the drainage and sewer easement was taken care of and Jack Sullivan in the Engineering Department has copies. Keith Miller said he sent a letter dated May 23, 2000, and hasn't heard anything. The requirement for the Conservation Restriction is in the deeds. He will supply the administrator with copies if they are not in the file. He requested a certificate of occupancy. As of this morning, everything from building inspector has been completed. He thinks the bamboo is on neighbor's property. On site plan, he hadn't received until two days ago. He expected the plan to follow existing driveway. He has a problem in that he doesn't own abutting property any longer. Trying to be responsive to potential buyers. Problem of driveway, whether or not paved, had to get easement. Whoever buys new house, has to deal with someone else's property. He _thought the issue-was, how much pavement.versus _how_much _land. _His copy showed 19%_ _ impervious. He wants to table the request for plan change because doesn't like new plan. Would like certificate of occupancy. Eaton suggested any driveway paving or fence 2 work be continued for a new filing and if he applicant will get rid of bamboo and wood chips tomorrow, then administrator has permission to sign off on certificate of occupancy. Doug Greene moved and Will Finch seconded a motion that the Administrator be authorized to sign off on a Certificate of Occupancy for 912 Main Street once the bamboo and wood chips are taken care of. Vote: 6-0 in favor. 7:55 Public Hearing DEP #270-xxx, RGB#2001-17, Notice of Intent, 16 Margaret Road, grading and fence, Alan Blomerth. Hearing procedure was read an attendance sheet was circulated, the commission introduced themselves and witnesses were sworn. Proposed work is actually an addition, an inground pool, and he would like to use remaining earth material to regrade left rear portion of yard. Have 5 boys so use yard extensively. Want to regrade to have more level useable area. Wetlands line may not be as shown on plan. Fran discussed draft Order of Conditions. Everything outside buffer zone. This is in Aquifer Protection District. Lot already has more than 20% of lot covered by imperviousness. Couple of options: 1) remove significant portion of paved driveway and replace it with pervious surface; or 2) entire roof could be put into underground infiltration structures. Under zoning, infiltration of roof runoff would require variance. Commission agreed to do site visit on Monday, May 28 at 6:00 PM. Vincent Falcione moved and Pat Lloyd seconded a motion to continue the Public Hearing at the request of the applicant to Wednesday, May 30, 2001 at 7:00 PM, with no further notice to abutters. Vote: 6-0 in favor. Old/New Business: Pat Lloyd moved and Doug Greene seconded a motion to issue an Extension Permit for the Order of Conditions, DEP#270-303, RGB#1998-13, 24 Harold Avenue, Arthur Giangrande, for one year from 6/26/2001 to 6/26/2002. Vote: 6-0-0 in favor. Administrator's Report: 128 Van Norden porch with roof is done, earth is stable. Administrator recommended closing the file. Governor's Drive, the town is doing test holes for drainage and will file with ZBA for variance to subdivide for affordable housing. St. Athanasius Church. There is a problem with drainage and erosion in lower corner of parking lot. Suggested the Administrator contact them for compliance or issue an Enforcement Order. Eaton and Fink did a 2-hour site inspection at Sunset Rock Lane. There is a punch list of outstanding items Fran signed off on Certificate of Occupancy f_or Lot_5,_which;, except for Conservation Restriction, is out of jurisdiction. 3 8:30 PM - Continued Public Hearing - DEP #270-350, RGB #2001-12, Notice of Intent, between 51 and 67 Sanborn Lane, single-family house, driveway, utilities, drainage and landscaping. The Chair read the hearing procedure, an attendance sheet was circulated, the commission introduced themselves and witnesses were sworn. Jeff Hanaford on behalf of applicant submitted and distributed a revised plan. Two notes have been added regarding the water and sewer lines. He submitted copies of letters and they are unsuccessful attempts to obtain easements. Mrs. Boviard was only interested in selling her whole property, not granting an easement. Abutters behind didn't respond. Mrs. Boviard was not interested in a shared driveway at all. The Administration had nothing to add. Nancy Eaton and Will Finch both said they saw no reason to vary 254bot zone. Thad Berry stated in his opinion, it's a taking. They can appeal to court. Eaton said it wasn't a taking as there is not a deprivation of all economic value of the land, just a denial of this project as proposed. Hanaford said he thinks he did everything he can to protect the wetlands. Upland area is 50% more than what required. He said we are taking the property by not allowing driveway there. He's bent over backwards to do everything that can be done. None of proposed work is actually in wetlands. Eaton said she believes that none of the circumstances for granting a waiver listed in the regulations apply here. Hanaford said the lot was created before Wetland Protection Act and he believes it's a taking. Pat Lloyd asked if he could use the lot without the driveway. Hanaford said that is not practical. Doug Greene said they haven't proposed a bridge or anything else. Will Finch said he didn't think bridge would serve a purpose. There being no further information requested or supplied, Will Finch moved to close the continued public hearing. Doug Greene seconded. Vote: 5-0-0 in favor of closing. Eaton said the state doesn't have a buffer zone and they allow anything as long as not in wetlands. Will Finch suggested we should have two separate motions. The Administrator said if going to deny, we should spell out the reasons. Will Finch moved to grant waiver of 25-foot Zone of Natural Vegetation for driveway and Thad Berry seconded. Vote: 1-4 motion failed. Thad Berry in favor; rest opposed. Eaton reviewed the Performance Standards in the Regulations, which this project doesn't meet, in Section 3D Zone of Natural Vegetation, 3H Side Slope Grades Near Wetlands, 3M Stormwater Runoff, and 3N Discharge of Runoff into Resource Areas and are the basis for the denial. Standard documents on importance of buffer zones to protect resource areas were previously submitted 4 Will Finch moved pursuant to Reading General Bylaw 5.7 that the Commission approve an Order of Conditions approving the project. Doug Greene seconded. Vote: 1-4-0. Thad Berry in favor; rest opposed. Will Finch moved pursuant to MGL Chapter 131, Section 40, that the Commission approve an Order of Conditions, the final form of which is to be determined at subsequent meeting on May 30, 2001. Doug Greene seconded. Vote: 6-0-0 in favor. Miscellaneous: Eaton said she had received a request from the Ipswich River Stream Team to attend a meeting next Tuesday regarding legislation on notifying conservation of vegetation spraying. Will Finch will attend. Community Preservation Act Study Committee meeting has requested we meet jointly with them on Thursday, June 7 at 7:30 PM to discuss Open Space needs from Conservation's viewpoint. Nancy and Pat will be there. Doug may attend. 9:10 p.m. Minor projects: Next to Symonds Way, 321 Haverhill Street, deck. There is a long lawn in middle, wetlands begin further back on lot. Pat Lloyd moved and Doug Greene seconded a motion to approve the Administrator's sign-off. Vote: 5-0 in favor. Pat Lloyd moved and Doug Greene seconded a motion to approve the Administrator's sign-off at 3 Indiana for a deck. 70 feet from edge of wetlands. Vote: 5-0 in favor. Pat Lloyd moved and Doug Greene seconded a motion to approve the Administrator's sign-off at 88 Timberneck Drive for a shed of reduced size to meet maximum size in minor project. Will be in existing lawn area on concrete blocks. Vote: 5-0 in favor. Pat Lloyd moved and Doug Greene seconded a motion to approve the Administrator's sign-off at 714 Pearl Street for a deck 27 feet from BVW in existing lawn area on concrete footings. Vote: 5-0 in favor. Will Finch moved and Pat Lloyd seconded a motion to approve the Administrator's sign- off at 46 Summer Avenue by bend in road near Aberjona River. Lot slopes steeply down from Summer Avenue. Replace with new materials. Just barely within buffer zone if at all. Where yard slopes steeply down, there's a piece of eroding hillside. Planted hundreds of ivy plants there now to stabilize. Vote: 5-0 in favor. Pat Lloyd moved and Doug Greene seconded a motion to approve the Administrator's sign-off at 44 Batchelder Road for a deck 60 feet from edge of wetlands. Vote: 5-0 in favor. Barrows School. Fran said she found a file in the closed file cabinet regarding a project near harrows Jctlool. Eaton said she had issued a cease and desist to town, because the, had.not filed to installed portable classrooms. After filing, the work was allowed under 5 an RDA. Fran suggested removing silt fence and closing file. Send notice to school department. Brian Falica wants to do an Eagle Scout project on trails in this area. We only have jurisdiction over work in wetlands. School Department controls land and he would need permission from them.. Pat Lloyd moved and Thad Berry seconded motion to approve extension of the Order of Conditions at 12 Timberneck Drive, RGB #1999-13, from 5/25/2001 to 5/25/2002. Vote: 5-0-0. Fran said she had received a complaint about dumping of yard waste behind Mobil station on West Street near town boundary. Attracting rats. Silva Landscaping in Somerville is name on truck. Eaton said there is also a large pile of earth material there. Check with Fire Department to see whether that is in conjunction with tank removal in area. Pile is not covered. If necessary, issue enforcement order and will decide at next meeting whether to ratify. Fran responded to a letter received in October from man in Connecticut who owns piece of land near Ashley Place extension. He wants to give or sell us land, which is on Open Space parcel list of land of concern. Sunset Rock School appeal - Superceding Order of Conditions appealed by abutter. There is a parallel appeal through Superior Court under the local. Suggestion was made that they should submit revised materials that DEP approved for Commission to decide whether it is an insignificant plan change. There being no further business to come before the Commission, on motion duly made,. the meeting was adjourned at 9:43 PM. Respectfully submitted, Nancy L. Eaton, Chair, from notes of Patricia Lloyd, Commissioner