HomeMy WebLinkAbout2001-05-16 Conservation Commission MinutesMinutes - Joint meeting Conservation Commission and CPDC 1
May 16, 2001 -
r~' 0t1 s 1 1A
Minutes of the Conservation Commission
Joint Meeting with the Community Planning and Development o i s n ; ,
Town of Reading
Senior Center, Pleasant Street
Wednesday, May 16, 2001 - 7:50 pm
DEP #270-352, RGB #2001-14 Walkers Brook Drive - Capping former municipal solid
waste landfill and subsequent redevelopment of the site including construction of a hotel, an
office building, a restaurant, two retail buildings, a theater, a parking garage, parking lots,
driveways, drainage structures, utilities, grading, landscaping, and improvements within the
right-of-way of Walker's Brook Drive: Dickinson Development Corporation.
Present: Nancy Eaton, Chair, William Finch, Douglas Greene, and Patricia Lloyd,
Commissioners and Conservation Administrator Fran Fink
Absent: Mark Gillis, Vincent Falcione, and Thad Berry, Commissioners, Leo Kenney
and Harold Hulse, Consultants.
Present from CPDC: Neil Sullivan, Chair, Jonathan Barnes, Dick Howard, Michael
Flammia, and Kathy Greenfield, Commissioners and Town Planner Anne Krieg
Others Present for the Town: Mike Abend, traffic consultant; Rick Spieler, CDM,
engineering consultant; Joseph E. Delaney; Town Engineer; and Russell Dean, Assistant
Town Manager
Others Present: See Attendance Sheet.
Openings were made by each board. Interested parties were sworn.
New documents received tonight:
Memo 5-14-2001 from Town Engineer
Memo from Dwight Dunk and Rick Spieler, CDM
Comments from Neighborhood Meeting on 2-28-2001
Memo from Fran Fink, Conservation Administrator (CA)
Letter 5-16-2001 to Conservation Commission from Carla Munroe,
Choate, Hall & Stewart
Letter 5-16-2001 to Community Planning & Development Commission
from Carla Munroe, Choate, Hall & Stewart
Russell Dean, ATM, gave a review of the history of the site, attempts at development,
Board of Selectmen and Town Meeting actions. This evening's presentation is being
made to both commissions pursuant to Section 4.9.3.1. l.c of the Zoning Bylaw; and then
the Conservation Commission and CPDC will hold separate hearings ors their respectiv_e_
areas of jurisdiction.
Minutes - Joint meeting Conservation Commission and CPDC 2
May 16, 2001
Development Team: Attorney Brad Latham, for the applicant, Mark Dickinson,
developer; Mark Nogueira, VHB, civil engineer; David Pickart, VHB, wetlands; Scott
Weiss, VHB, traffic
The town's obligation is to close landfill within 2 years pursuant to a consent decree with
DEP. Developer will cap and develop property. There is an extensive Purchase & Sales
Agreement. Uses dictated by contract with Board of Selectmen and minimum square
foot size of buildings.
Applicant is looking for Special Permit from CPDC and an Order of Conditions from
Conservation under the WPA and RGB. Submission documents are incorporated by
reference into the record. Applicant has met with business and residential neighbors.
Waivers have been requested under the Reading General Bylaw, Section 5.7.
Mark Dickinson stated the project will work. Land use plan. Retail users at back.
Utilize existing topo and material on site to create 2-tier architectural site development.
Mark Nogueira - VHB, project engineer, said the Existing Conditions plan front portion
of site much lower and flatter. Rear where majority of waste and higher elevation.
Makes possible for retail viability of project. Total building space is 812,000 square feet,
590,000 program use and 223,000 parking deck. Jordan's 158,5000 square foot 300-seat
IMAX theater and 300-seat restaurant, 135,000 square foot building and an18,900 square
foot garden center for Home Depot; a sit-down restaurant of 7,000 square feet; office
building of 180,000 square feet, up to 6 stories, and hotel of 90,000 sq ft, 150 rooms and
also up to 6 stories and parking garage with 1,952 spaces. The project will meet or
exceed zoning requirements, including handicapped accessibility. Jordan's area has 634
parking spots, 500 dedicated to Home Depot, 62 for the restaurant, and office and hotel
will have 755 spaces, of which 662 are in the parking deck. Loading for Home Depot on
lower level, four docks on east. Jordan's has four docks on west side, 2 trucks and 2 for
customer pick-up. Office building will have two docks, loading for hotel and restaurant
not final until users are determined, but concept loading areas are on plans and will be
refined as end users come on line.
Access will be from two new site drives. First with signalized intersection to service
retail facility and restaurant. Second access will be across from New Crossing Road and
serve office and hotel. They have provided road and sidewalk connections for internal
on-site travel. Pedestrian circulation is available between each site.
On May 2°d the proposal was presented to the Development Review Team and
preliminary comments from town officials and town consultants were received.
Minutes - Joint meeting Conservation Commission and CPDC
May 16, 2001
There are 22 plan sheets showing waste relocation, layout materials, utilities, grading,
drainage, erosion control, landscaping plan and conceptual offsite improvements, and
detail sheets with details for underground detention systems and other items.
Final PUD application and documentation. Application for site plan approval, consisting
of 5 chapters, project summary, benefits, procedural - landfill closure, and BOS approval
of Master plan, PUD approval plan and Mass. Highway and DEP interaction.
PUD follows site plan. It is comprehensive and itemized.
Environmental impacts described are: drainage, noise, erosion controls, utilities and
traffic impacts.
Statement of community need. Applicant discussed transportation and construction
impacts, which were added as a result of meetings with town officials, commissions and
neighbors: sources of impacts and potential mitigation measures: Noise, vibration, dust,
traffic, pest control.
Notice of Intent - the Stormwater Management Report supplements both filings.
Analysis and calculation of drainage are shown, as well as pipe size and riprap sizing
calculations. Believe they are in compliance with DEP Best Management Practices.
They have prepared an Operations & Maintenance Plan.
Technical appendices - traffic, response to comments, truck turning, air quality, site
lighting, and Hazardous Materials handling procedures.
Russ Dean said all documents in the public record are on file at Community Development
office, the library and Town Clerk's office and are available for public inspection.
Mark Nogueira: Comment review section includes a lot of answers.
Detailed drainage analysis, underground detention system and extensive sidewalk
evaluation, which is not complete. Extended offsite improvements based on comments
from Town Engineer and commissions towards General Ave. Revised parking lot
configuration in Jordan's area for safety reasons.
Utilities are all above cap for maintenance purposes. Placed on reinforced earth or
flexible connections or both. Haley & Aldrich gathering details on how they will be
detailed, designed and approved by DEP. Only thing that will penetrate cap are light pole
bases and catch basin deep sumps. Everything else above cap because each becomes a
source of water infiltration.
These plans include a number of changes to Concept PUD plan, which were talked about
at concept joint meeting. They have eliminated 2 of 3 culvert retaining walls, one due to
geotechnical and soils information. They have designed new detention system in upper
barking lot and exnanded detention cinder nnrkino, di.(A r - Th. rr is in ntiriitinn of nxrarlianc -
on lumber on Home Depot. HVAC units will come down through Jordan's to Home
Depot take up space for store. Raised from 152 to 158.5. Will this result in an increase
Minutes - Joint meeting Conservation Commission and CPDC 4
May 16, 2001
in impervious area that needs to be mitigated? There are also refinements in the hotel,
parking and office building since the concept PUD.
Most difficult part other than cap was drainage. There is a detailed drainage analysis of
both existing and proposed, labeled A to E and each discharging to a different portion of
property.
Three detention facilities - all underground. Box culvert on eastern property line, pipe
arch culvert detention under upper parking lot and under parking deck primary storage
for majority of site. They have reduced or matched 2, 10, 50 and 100 year storm events.
Did include Walkers Brook Drive widening in these calculations. If that project has not
yet been designed, how do we know that is adequately accounted for and how will
drainage enter system?
Water quality units are at outlet of each drainage area. The DEP Stormwater Policy for
Total Suspended Solids removal, through use of water quality units with 80% when
combined with other Best Management Practices, oil and grease traps, third level of
sediment removal before entering underground detention systems. Process is designed to
reduce maintenance due to sedimentation buildup in underground detention facilities.
Intent of landscape design is to landscape site and create entrance into Reading. Street
trees, invasive wetland plants, not attractive and nuisance to environment and enhance
view of brook and the site. Landscaping focused on front as nice entrance, massing of
buildings of hotel, restaurant and office at front.
Applicant claims ultimate design of landscaping rest on shoulders of DEP. Meeting in
February with DEP and they were receptive to ideas presented. The concept PUD plan is
more site specific now. Three constrained areas - surface and landfill at minimum of 2
feet in parking lots. Plantings ornamental grasses and perennial flowers. 2, 2-5 feet of
cover between surface and membrane, shallow rooted shrubs and greater shallow rooted
trees, mainly on front of site and along access road due to grades and wedges to plan
trees, along back of parking lot. Applicant has proposed irrigation, which DEP has
allowed in the past. Designed for minimum water application required to keep plants
healthy. Frequent but less water to encourage shallow roots.
Landscaping plan, shape, taken advantage of deeper fills to put together a couple of
ornamental walls along site entrances, landscape features and entrance features and site
signage to integrate into landscape.
Dave Pickart, Wetlands Scientist for VHB said more than 1/3 of the 33-acre site are
wetlands protected under federal, state and local regulations. Site almost entirely
encircled by Walker's Brook and associated wetlands. Research shows the edge of the
landfill goes right up to the edge of Walker's Brook and in some instances into wetlands.
Project will require extensive alteration of wetlands because mnior comnnnent is to can
the landfill. Good news is through careful planning, many revisions and give and take,
they have come up with a_project that complies with state and federal and local
Minutes - Joint meeting Conservation Commission and CPDC 5
May 16, 2001
regulations governing wetlands and tried to include features to mitigate for unavoidable
impacts but improve on existing conditions and make area better and improve function of
wetlands.
Several resource areas are regulated under MGL 131, 40, all except ILSF and include
Walkers Brook and outlet from Lake Quannapowitt, banks, BVW, Walker's Brook
BLSF, in Massachusetts land with 200 feet of the Brook is regulated as Riverfront area
and limits are shown, within 100 feet of BVW - buffer zone. The boundary of resource
areas was delineated by ORAD. Established limit of landfill and or the inner limit of
previously disturbed riverfront area. Wetland resource area, part of site, is a habitat for
rare species by NHESP, Mystic Valley amphipod (MVA). Doug Smith, consultant
collected many species 100 different varieties, and none that the collected were MVA.
His report states they are often misidentified and are only 1-2 mm long. They look alike
if not properly trained. Copy of the NOI went to NHESP who will review and hope they
will agree it doesn't provide habitat for that species.
Both capping and redevelopment components must occur. Cannot redevelop site without
closure and vice versa. Landfill up to and into wetlands. Have to alter most of the site.
As a result, there is approximately 8,000 sq ft of BVW alteration, limited to north and
northeast portions of the site. There are 13 %2 acres of work in riverfront and alteration of
30,000 sq ft of land subject of flooding. This work is allowed pursuant to limited project
for landfill closure. Recognized better to close than avoid working in wetlands. Comply
with provisions of limited project. Mitigation. Permanent alterations to wetlands are
related to installation of cap. They will compensate for any lost flood storage capacity.
Redevelopment of previously disturbed riverfront area allows development of that area
but not to go beyond and standard is to improve on existing conditions. Majority of work
falls under that clause. Some work not under that clause, construction of two new entries
into site and some installation of utilities. 3,000 sq ft of alteration of land under water,
360- linear feet of bank, 400 square feet of BVW alteration and 8500 square feet of
BLSF. NOI addresses how comply with regulations.
They proposed extensive mitigation including removal of existing debris, removal of
invasive species, removal of existing culverts in wetlands, establishment of buffer around
Walkers Brook and wetlands on site and creation of flood storage. Will require some
waivers from commission. 3:1 slopes not protected by riprap. Propose vegetation
claiming better aesthetics and habitat value. They will need to maintain the slope to
prevent woody growth from establishing and possibly penetrating membrane liner.
Where cap is not thick enough, will need to do periodic mowing twice a year, which will
not occur during nesting season.
A few items don't comply with setbacks: Entry drive and retaining wall going to upper
level retail and outlets from stormwater management and entrance of two new entrance
roads. Applicant reviewed reasons why such activity is justified.
Tried to anticipate all of our questions but is sure more will come up.
Minutes - Joint meeting Conservation Commission and CPDC 6
May 16, 2001
Scott Weiss spoke about traffic issues.
A separate NOI will be filed to deal with widening of Walkers Brook Drive, extending
sidewalk on south side down to General Avenue, on north side a sidewalk across most of
frontage and each traffic signals will have pedestrian push button activation for crossing
in all directions. Extended widening of Walkers Brook Drive past General Avenue and
provide left turn lane onto General, and will revert to two lanes just beyond General Ave.
and dropping after that point at John Street.
Dickinson introduced Elliott from Jordan's who talked about what the project will do for
the Town of Reading. IMAX 3-D Theater, not like the one at the Science Museum.
Audience will wear glasses like at Disney and one being built at Aquarium.
Brad Latham reviewed two points on zoning - important satisfied as CPDC that
consistent with existing policy by Town Meeting, Board of Selectmen (BOS) and CPDC.
They will contribute to the 2:1 sewer inflow program or make payments to town. They
have designed an attractive streetscape and gateway to town. Both Home Depot and
Jordan's are good neighbors to communities they are in. The project is saving the town
five million dollars to cap. While the project does have traffic impact, the purchase and
sale provides $100,000 for neighborhood betterment, which are left to the CPDC and
BOS to work out, to mitigate or benefit.
Water quality is protected by Best Management Practices. There will be reservation of
open space. Cash flow to the town will provide three million dollars to the town on
closing, and a million dollars in annual tax revenue.
STAFF REPORTS - Anne Krieg, Town Planner said any staff level documents will be
put on web site and at library to keep file updated for public review. PUD Special Permit
folds in uses proposed with the site development and allows CPDC to go offsite to review
traffic, mitigation will accommodate site. She said if any member of the public had
questions about the application or process, to make appointment and talk to staff.
Joe Delaney, Town Engineer, submitted a memo of his concerns and reviewed the high
points. He said the applicant may have overestimated drainage calculations for the site.
Conservation requires 7" for 100 year storm event rather than 6.6" but the conservative
numbers may account for that. Operations & Maintenance (O&M) will apply after
development. Plan defines responsibilities. If portions are subdivided and sold,
stormwater crosses parcel lines and town needs assurances or mechanism to make sure of
maintenance throughout site. We need a detail of parking garage detention system,
which is an important part of the Stormwater Management Area. Grading shows side
slopes steep at 2:1 grades and wetland RGB regulations suggest grass. He requested
more detail on stabilizing slopes. Easements town needs but O & M some cross-
easements between various owners and how.will ._that work? Site maintenance overall_ -
responsibility for overall maintenance, differential settlement and utility lines over
property bounds and want level of assurance on site maintenance. Offsite plans are
Minutes - Joint meeting Conservation Commission and CPDC 7
May 16, 2001
preliminary. Separate NOI with CC for roadway needs to be filed. Want final review
and approval as well as Mass. Highway.
CONSERVATION ADMINISTRATOR - Fran Fink said the submission has a lot of
detail and summarized areas of her report. There is one piece of wetland boundary and a
riverfront area at north the with riverfront area onto the site which is not labeled. This
needs to be added. There has been no wetlands delineation on south side at Walkers
Brook Drive related to entry driveways and widening of Walkers Brook Drive. All
wetland boundaries overlap and the scale makes it difficult to show relationships all in
one area along edge and would like to enlarge those portions that make it clear flood
plain and BVW and all of impacts and how work together. It is difficult to pick up on
pieces of the plan. Table with number show BLSF but not clear where came from and
each mitigation. LUWW - CPDC and CC may have-different concerns at main site
entrance where expanding Walkers Brook Drive with median and island, encroaching
into Walkers Brook on both sides of road and driveway. Can they restrict sidewalk to
one side and do you need fifth lane? Traffic study didn't look at 4 versus 5 lanes.
Wetlands extend over trash and take some out but not all. How much? Cap and
reestablish wetlands vegetation on cap. May not grow. Hydrology and whether will be
wet enough for wetland. Need more detail.
Buffer Zone impacts - ZNV - CC would like to make it further away from wetlands. Not
shown in NOI as buffer zone impact area on east at garden center into ZNV. 2:1 slopes.
DEP usually looks for 3:1 same as CC. Are there any other 2:1 cap slope closures that
we can look at? CAAA not yet filed. Need to provide copies for CC. Trash regraded
before cap for pads for building and for drainage across cap and layer of sand and swales
which will focus water on top of cap with ultimate discharge into wetlands at the bottom
of hill and not clear how water gets out, why focused in those areas, either erosion or
slumping problems. Gas collection system, sand layer below plastic membrane and how
it will interact with utilities and underground structures, and settling. Need to add to long
term O & M work. Sewer/drainage lines or sloping of pavement may not send drainage
to appropriate area. No reply from NHESP yet on MV amphipod and whether they
accept Mr. Smith's analysis. Need more detail on erosion control and construction
sequence. Idea of subdivision of ownership is a new idea: Where would lines be drawn
and who would own what and who is responsible for overall drainage and utilities? She
felt that was not a good idea.
Dean said the developer is responsible for maintenance and monitoring. DEP requires 30
years and is covered in the P & S. See P & S for language.
CONSULTANTS: Abend Associates, traffic consultant Michael Abend reviewed traffic
issues.
Town's Consultant is Rick Spieler from CDM, an environmental consulting firm. They
have been involved in the closure portion and assisted town in development of proposal...
document-.' They are peer reviewing two major portions, landfill closure, which he is
comfortable will be done properly and Wetland issues. They are familiar with landfill
Minutes - Joint meeting Conservation Commission and CPDC
May 16, 2001
closure and reuse concept. They have worked on several similar projects and are
comfortable with the concepts as proposed. Suggestions for the OOC are listed in the
Dunk memo. (He is on CC in Marshfield.)
In order to allow the public to give input this evening, both Commissions agreed to hold
their questions and comments to the next hearings. Eaton said she would supply a written
list of her concerns.
PUBLIC COMMENTS:
Mary Rowen, 71 Village, was concerned about wildlife displacement, stating rodents had
a range of 30 miles. Where will they go? Consultants stated there is an initial draft to
Board of Health. Plan is to make an initial assessment before any activity, dealing with
habitat, species, surrounding areas, migration off site, control plan, analogous to the
concept utilized for the Big Dig and implement that plan before doing any activity. She
also expressed concerns about traffic and property values.
Andy Bramhall, 11 John St. Court, spoke about traffic issues.
Carla Munroe, Choate, Hall & Stewart, 53 State, Boston representing George Danis,
expressed concerns about a bypass. The P & S sets aside cost by developer are
inadequate to put bypass through. High cost? Dean developer offsite 1M. Not planned
to be done by this developer, but idea is in Master Plan, not as commitment, but
anticipation. Latham said this contract did not deal with a bypass. Reference to bypass
in applicant's presentation is not part of proposal. Scott Weiss addressed proposed
roadway improvements suggested by staff.
Evelyn Dawe, 15 Line Road, was concerned about the drainage easement and water
problems. What will happen with water and sewer? Erosion is quite bad along the
stream in her neighborhood. Developer has no proposal for dealing with offsite
mitigation relating to Walkers Brook. Joe Delaney, Town Engineer, said his department
had proposed work, but funding was denied by Town Meeting.
Paul Caggiano, with Danis Limited Partnership spoke about the bypass and a later date
implementation of remediation. Dean said if bypass were included in this plan, it would
be dead on arrival.
George Danis said it is in the Master Plan and we need to address it. It will be costly
with land takings. We need to know if is part of toolbox of potential activities. Dean
said the town's intention is not to avoid the Master Plan and that will be reviewed over
next year and perhaps that is a better time to review the concept. Abend stated a bypass
is not part of toolbox. If numbers are that large, they would need to add the possibility at
this time, not after the fact. Improvements, which include land taking, are usually not
considered appropriate for the toolbox. Latham spoke on traffic mitigation to address
problem.
Minutes - Joint meeting Conservation Commission and CPDC 9
May 16, 2001
Allen Schiller Boston Stove, Walkers Brook Dr. Widening of road, where land coming
from and dimensions. 40-44' wide today only two lanes. Propose to have 4 lanes, 2 in
each direction to make better use of width there. Widening will be on order of 4-8 feet in
limited locations, plus shoulder space. Sidewalk outside 5' walks and within existing
ROW already there. Schiller concerned with what happens near his property. Howard
asked how wide the ROW was? Joe Delaney said 60'. Weiss will verify. Need new
NOI and delineation of Walkers Brook to south.
Andy Bramhall expressed concern about traffic, especially with a future buildout at
General Tire, Frugal Fanny, DPW, Fraen and Washington and Main, 20-30%increase in
traffic where it is already at failure level, type of impact at that intersection? Developer
has considered projects on-line but not projects that haven't been designed. Projection
of 10% other growth factored into plan.
Dick Howard asked whether the restaurant in upper parking lot or Jordan's in concept
plan or something new? Dickinson said it was mentioned in concept plan but more
thought out. There is one in Natick, a more upscale restaurant. Jonathan Barnes asked
about IMAX presentations. Elliott said there are movies and educational shows, such as
Everest, T Rex, Great Panda Adventure, computer generated movies, having an
entertainment and educational element. Barnes asked if movies would be there for a
certain length of time or rotate. Elliott said you purchase copies and you own them, so
they will probably rotate. That has been figured into traffic flow. There is only one
theater with 300 seats and shows are 40-60 minutes.
Edwina Kasper, Village St., spoke about North Ave. traffic backed up. Can't cross
Square after 7:30. If vehicles can't get onto Route 128, how will that impact site? What
time will stores open? Weiss said Jordan's does not open too early in the morning.
Home Depot does open early but has limited traffic. Office use will be major morning
traffic during rush hour.
David Cannon, 30 Beach St. asked about hours of operation for Jordan's and Home
Depot and deliveries, noise impact. Latham said under Town regulations, retail is closed
from midnight to 6 AM. Application will get more info on delivery times.
Neighbors, consultants and CPDC discussed separate meeting to discuss traffic concerns.
Continuance: Patricia Lloyd moved and Will Finch seconded a motion to continue the
Notice of Intent hearing at the request of the applicant to Wednesday May 30 at 7:00 PM
at the Selectmen's Meeting Room at Town Hall with no further notice to abutters.
Vote: 4-0-0.
CPDC continued their meeting.
Adjournment: Patricia Lloyd moved and Doug Greene seconded a motion to adjourn at
pm Vote: 4-0=0:
Minutes - Joint meeting Conservation Commission and CPDC 10
May 16, 2001
Respectfully submitted,
r~
Nancy L. Eaton, Chair, Reading Conservation Commission
J,