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HomeMy WebLinkAbout2001-03-14 Conservation Commission MinutesMinutes - March 14, 2001 1 '1 L E i\ t L Minutes of the Conservation Commission .-i r 5 S. Town of Reading v 1: 00 Selectmen's Meeting Room Wednesday, March 14,2001 - 7:00 pm Present: Nancy Eaton, Chair, William Finch, Douglas Greene, Pat Lloyd, Thad Berry, Commissioners; Leo Kenney and Harold Hulse, Consultants; Frances Fink, Administrator. Absent: Mark Gillis and Vincent Falcione. 7:10 - Meeting was called to order. Old/New Business: Austin Preparatory School, DEP 270-331, RGB 2000-04 Request for Extension from March 21, 2001 to March 21, 2002 and request for Certificate of Occupancy. Rob Enos, contractor, present. Attorney O. Bradley Latham appeared on behalf of the permit holder. He stated there is still some work remaining that they can't do because of the weather and can't do a complete as-built plan due to snow cover. Requested commission to sign off on occupancy certificate and allow them to use the building for school functions. The Chair reminded applicant they need to submit an engineer's letter with the as-built. Fran: no problem with extension permit. Got engineers letter and as-built plan. Fran feels there are things that do not appear on as-built that are on proposed so we need more info. May be due to snow cover. Paving and parking area and whole side of new building not on plan. Catch basin upgrades not included. Some drainage structures have different elevations than on proposed plan. Other structures don't have elevations given, so we don't know how they came out. Outlet structure by vernal pool is significantly higher than on original design. Some other details are not shown on the plan. She recommended waiting for snow to melt and remaining landscaping and sidewalks to be completed. Project is not ready for certificate of compliance. Eaton asked if any stabilization had been done. Some areas were hydroseeded areas and some were loamed and seeded. Ballfield area not hydroseeded before snow came in. Work will be completed by June of this year. He will have to check on elevations. Eaton said level of weir and maintaining water in the vernal pool was a critical issue. There is a S 120,000 bond on file. Thad Berry moved and Will Finch seconded a motion to issue an Extension of the Order of Conditions under the Reading General Bylaw from March 21, 2001 to March 21, 2002. Vote: 5-0 in favor. Will Finch moved and Thad Berry seconded a motion authorizing the administrator to sign off on a certificate of occupancy. Vote: 5-0 in favor. Lot 7, Carriage Estates - 9 Gregory Lane - Certificate of Occupancy. Kevin Emery said would like to move in. Conservation Restriction has been submitted but is not finished. Minutes - March 14, 2001 2 There is no bond on Lot 7. He is looking for us to sign off on a certificate of occupancy. - ' He estimates about $5,000 work of work remains for loam and seeding and as-built. Pat Lloyd moved and Will Finch seconded a motion to allow the administrator to sign off on certificate of occupancy with the posting of a $5,000 bond. Administrator will check if we an extension on this filing. Vote: 5-0 in favor. Minor Project Signoff - 704 Haverhill Street - yard shed. Pat Lloyd moved and Doug Greene seconded a motion approving the administrator's minor project sign-off. Vote: 5-0 in favor. Administrator's Report: 170 Pleasant Street seemed in pretty good shape. Asked Housing Authority to see that trash got cleaned up. Nothing chemical in nature. Eaton received a complaint call from Ron Iapica who lives on Wilson Street about the trash around there. 4 Sanborn Street - Fran Fink located 2 pine trees originally, but found two more - sent him a letter saying could cut 3 trees of the 4 and to call when he has work scheduled. 7:30 Continued Public Hearing - DEP #270-345, RGB #2000-52, Ashley Place Extension. The Chair read the meeting procedure, commission identified themselves, and witnesses were sworn. Attorney Senior said when they were last before the Commission, there was an issue of providing access to land. They staked out in the field the 20-foot access and 60-foot road if it were extended. He asked for the commission's support for extension of road. Mentioned to CPDC we were considering wider access. Bottom line, if contributed to fund for low-income housing, CPDC would be in favor of revised plan. Now asking commission for their support. Hayes Engineering presented two options of plan again. Some engineering issues on previous plan were not addressed because they wanted to find out what commission's ideas were. When they re-engineer the site, they will address concerns about some drainage issues. Fran read Commission's site visit report and distributed her memo that is in addition to her memo from last meeting. All her comments relate to an 8-lot subdivision. These issues may become moot if we get to the 10-lot plan. Pat asked about difference in distance around the vernal pool. If redesigning project, they will try to pull road to west to be further from vernal pool. Would like to take walk to show where vernal pool is. The Chair asked whether they would consider granting a conservation restriction on the 100-foot area around the vernal pool. There will also need to be deed restrictions to maintain drainage swales. It was felt the covenant attached to subdivision plan was inadequate. In previous orders the Commission has required deed restriction language. Leo Kenney said the boundary of the vernal pool is where the maximum water line is. Going out in the sprina.-_to look at it is a good idea- - Minutes - March 14, 2001 Will Finch stated he would like a better sense of what happened at CPDC. To justify a 100-foot increased roadway waiver, there would need to be some public good, more public benefit than merely access to conservation land. CPDC raised the issue of a moderate housing unit. Applicant instead suggested $250,000 contribution for low- income housing. Pat asked whether the 20-foot access way would run to the opening in the stone wall. Doesn't look like it does. That break should be shown on revised plans. Applicant said a 10-lot plan will provide equal or a higher degree of protection than the 8-lot plan currently in front of the Commission. 3 They requested a continuance and feeling about how we might decide 10 lot v. 8-lot plan. Mr. Finch felt the 20-foot was adequate. Eaton said if they could create a plan that met all the regulations, she would have no reason to deny it. Thad Berry moved and Will Finch seconded a motion that the Public Hearing be continued to March 28 at 7:30 pm at the request of the applicant with no further notice to the abutters. Vote: 5-0 in favor. 8:05 Public Hearing - DEP #270 xxx, RGB 2001-06, Notice of Intent 518 Summer Street. Addition to existing house - Paul Foley. Hearing procedure was read, commission introduced themselves and witnesses were sworn. The addition will be parallel to the street. Will also remove three large pine trees in back yard plan. Notice needs to be modified to include that activity. The Administrator distributed her comments and read the commission's site visit notes. The language "Proposed drainage easement" is the actual drainage easement. Town engineering measured to make sure they were within boundaries. Bill High was there from town. The Chair asked about drainage issues. Details are not on the plan. Mr. Foley said the drainage would be the same as now. Gutters will be extended. Deck will be cut off. Contours of land restored to same as now. There will be a full basement. Contractor knows drainage pipe is inclose proximity where he will be working. Fran Fink asked if pipe could handle being driven on by equipment. Foley should call in to mark off utility lines. Eaton said one of her concerns is the drawings are not stamped or signed by a qualified professional engineer. Fran Fink had nothing to report other than the memo. Doug Greene asked who did the wetlands delineation? Mr. Foley talked to Fran and put them in himself. Haybale line proposed is not in wetlands area, but above. Delineation was done on February 20, 2001 when there was snow cover. The Administrator said by what little she could see under the snow cover, the line might come up to the toe of slope. Last site visit was in January 1991. Even if we bring the line up to bottom of slope, trees are 30 feet away and work 60 feet away. Will Finch said the haybale barrier needs to be much closer to where contractor will be working and should be at top of slope. Eaton suggested we need an engineered plan for an as-built and to give contractor a more accurate plan to follow. Mr. Foley said he didn't know it was required to have engineer's stamp on plan. Eaton read regulation requirement. She said it can be waived, but she feels it's necessary. Doug Greene said he would rather have the administrator approve a line and have it put on a new blueprint instead of the one on there. Eaton said the notice does not request a Minutes - March 14, 2001 4 delineation. Don't know whether applicant filed for delineation. She explained options to Mr. Foley and why there was a need for more information. Mr. Foley requested an extension to provide additional information. Will Finch moved and Pat Lloyd seconded a motion to continue the Public Hearing to March 28`x' at 7:15 pm at the request of the applicant with no further notice to abutters. Vote: 5-0 in favor. 8:00 RGB 92001-07, Request for Determination of Applicability - Summer Avenue from Woburn to Willow. Jack Sullivan, Engineering Department, appeared for the Town of Reading. This project will be full reconstruction, curbing, and drainage improvements in the area. They are only putting curbing on north side with sidewalk. Looked to install sidewalks on both sides, but steep grades would have required retaining walls. Within 200-foot Riverfront zone, they will put back what's already there. They are not widening the road and are keeping the finished grade to within 6 inches of existing grade. Major drainage goes out to Woburn Street, not to river. They are adding new catch basins and cleaning existing catch basins. Proposing silt fencing at limit of work. On northerly side, there are lots of driveways and walkways. At a future time, will need to reconstruct West Street. Eaton asked where stockpiling will be done. Mr. Sullivan noted there are no areas to stockpile here. The contractor will have to work with that. Will be having preconstruction meeting that Fran will attend. Administrator distributed proposed findings and conditions. Applicant's proposed timetable is to begin work by the end of April. Project will take 6 months to completion. Five trees outside the buffer zone will need to be removed and tree hearings have been posted. Thad Berry asked if reconstruction is full depth? Mr. Sullivan said it is a pavement reclamation job. They will be grinding the surface down. They will not be excavating unless they find spots where there is unsuitable subsurface material. There were no citizen comments. Will Finch moved and Pat Lloyd seconded a motion to close the Public Hearing. Vote: 5-0 in favor. The Commission reviewed the Administrator's draft determination order. Pat Lloyd moved and Will Finch seconded a motion that the Commission issue a Negative Determination with conditions and also, a Positive Determination with respect to identification of protected areas on site plans. Vote: 5-0 in favor. 8:15 - Public Meeting RGB 2001-08, 23 Plymouth Road. Request for Determination of Applicability. Project is a proposed addition to existing house, driveway, grading and relocation of existing shed. Steven Matrullo was present. The addition would replace an existing porch and patio and small porch would be added on. Administrator distributed draft conditions. Matrullo had no problem with the proposed conditions. Pat Lloyd moved and Doug Greene seconded a motion to close the Public Meeting. Vote: 5-0 in favor. Pat Lloyd moved and Doug Greene seconded a motion that the Minutes -March 14, 2001 5 Commission issue a Negative Determination with conditions as drafted. Vote: 5-0 in favor. 8:55 - Public Hearing - DEP #270-xxx, RGB#2001-09 - Notice of Intent, 52 Munroe Avenue - addition to existing house and swimming pool: Chair read hearing procedure, witnesses were sworn and commission introduced themselves. Jeff Ash presented. Fran distributed a memo with her questions. Stream was flowing. House is for sale. Mr. Ash would like to buy and would like to add on. On assumption of a moving stream, riverfront area is only wetland area jurisdictional for the proposed work. Strictly a riverfront case. Some BVW nearby, but not impacted by site. Needed information: proposed elevations not given for garage or pool, existing driveway needed to be widened, but not shown, proposed topography not shown, no safety fence shown around pool. Soils tests need to be done to discharge roof runoff. Commission's site visit notes were read. Audience: Thomas Parr of 22 Garrett Road, which is on the downstream side of the drainage, submitted a letter. He is a neighbor and geologist with ground and surface water issues. Drainage enters culvert, goes under Monroe and into Aber ona River. Whole basin has a 1/3 square mile watershed upstream. Water after storm runs off very quickly. A couple of years ago, culvert backed up into wetland, flooded area and flowed across yard - 8-10,000 gallons per minute. Had a14-inch pool in backyard. Water broke in a rear window in the basement, shot 4 feet off the boiler room and tore doorframe out of wall. His concerns are that progressive development has increased the rate of runoff, which peaks quickly. He is concerned with excavation because it intersects with drainage from Dobbin's Hill. He figures 14-foot retaining wall will be required. Where do you redirect the water? That would result in faster stream of water into creek. He suspects project can be done, but has concerns that it be done in way that doesn't cause problems. Looks like 40-60 trees would have to be removed, which would cause additional water flow. To build a wall of that height would disrupt soil. Incidental issues - he understands salamander population in the creek and downhill beaver colony. The Chair asked about beaver. He's talking about the dam near 93. She said neighbors would need to go to Board of Health for flooding issues caused by beaver activity and then we would work together. Steve Burns of 38 Lisa Lane submitted a list of questions. Stormwater containment is a big concern, as is groundwater. Trees are helping that process now. He said there are newts in area with red tails. Mr. Ash said according to maps provided by town, there are no endangered species determined at this point. Swimming pool is only proposed at this point. Retaining wall is outside the 200-foot area. Height of wall not determined, but proposed weep holes letting it drain in certain stages with same off house with dry wells with crushed stones. No soil test yet because was unaware it was an issue. He only found out yesterday that it was and didn't have time to have soil tests done. Eaton said there are no certified Minutes - March 14, 2001 6 Jack Sullivan said the Engineering Department has received lots of calls concerning drainage and it seems like it is an issue regarding maintenance of drainage system. Big issue over whether it falls under River Protection Act regulations. Jeff Ash came in, and it doesn't show up on survey maps. In summer, it may dry up. He told the residents a master study done by town 25 years ago to upgrade drainage. None were made town- wide due to finances. A lot of drainage problems could be alleviated with maintenance by town. Notify highway department and they will clean catch basins. Eaton asked when maintenance was last done but he didn't know. Fran Fink asked if part of problem was that the culvert is just not big enough. Sullivan said in a large storm or exceeding the 100-year stone event, there will be problems. Parr said maintenance is an issue, but he clears out drainage culverts when a storm is expected. They get flooding 3-4 times a year, so culvert is undersized. If you look at drainage intersected by proposed retaining wall, that is several thousand gallons per inch of rain. He doesn't think weep holes will be sufficient. Ash said an engineer mentioned could clear-cut the lot outside the 200-foot area and regrade, but he wants to save trees. He asked Parr what suggestions he has if can't regrade and can't put retaining wall in. Parr said he would consider installing across the front of house a major gravel drain and redirect water to discharge slowly through the soils instead of running off. Ash said his concern is that it's done well as he will be living there. Ann Elsner, 38 Lisa Lane said the 25-year-old water drainage survey was useless as the entire road is newer than the survey. There is no terracing. It was a hillside. She knows the town is strapped for cash but we're talking about highest point in Reading. That is the largest volume of runoff anywhere and highest side that doesn't face Woburn. The area is known in the neighborhood as "the stream". If it is destroyed by erosion, no other place for animals to go. She urged the Commission to preserve it for children to do bird projects and provides value and a focus for the neighborhood. Everyone has concerns. The Chair explained that we listen to everyone's concerns, but doesn't mean we necessarily can take all interests into account. Commission only has jurisdiction over certain issues. We're not sure this is a perennial river. It is not on USGS survey map. It shows as a stream on town map, but we have no info on whether it is perennial or intermittent. We would need evidence on whether it flows year-round. If it is not a, perennial stream, commission may not have jurisdiction under state law, but may have'it under the local bylaw. She talked about our site visits, the purpose of which is to make observations, and not decisions. Mr. Ash asked the residents present whether it dries up. Eaton said the Commission tries to make sure the applicant has looked at all the issues. Our concern is the resource areas. Harold Hulse said if there are no wetlands involved, the Commission has no jurisdiction over habitat or wildlife, like wild turkeys, etc. Ann Elsner said she doesn't remember anything about a perennial stream. Eaton said thi-rP are diffPrant timac nfracnttmP ~raoo• - - bank, vernal pools, land under water and floodplain. Minutes - March 14, 2001 7 Mrs. Manousakis said her concerns are with retaining wall. Excessive height may be involved. She comes up with an I 1-foot wall conservatively. This would be a large structure close to the property line. She is also concerned about someone falling off of it onto a concrete pool area. Eaton said the applicant would still need to get building permit before beginning work and would need to meet the building codes. That work would be reviewed by the Building Inspector. Mark Wetzel, 163 County Road, said he's never seen the stream dry. The soil in the area is typical New England poor draining soil. He has lived in the area for 20 years. Bill Smith, 45 Monroe, neighboring lot, has lived there for five years. In the dead of summer, the creek does go dry. He said this is a small 3-bedroom ranch. Whoever buys the property would need to make some improvements as long as issues are addressed. He said the stream was dry for a week at a time. Joe Costaldo, 33 Lisa Lane, has lived in the neighborhood for 23 years. He said the stream is usually wet 340 days a year and rarely dries. It may dry further down. You will sink down 6 inches in soil. Many times flowing 4-5 feet deep there. Sylvia Kalambokas has lived on Lisa Lane for 25 years. When their houses first went in, town made builder put in a pipe going all the way down to catch water coming down the hill. It has been worse since Munroe came in. She was concerned with the pool. Their yard is wet in back all summer long. Mike Kalambokas, speaking about water coming down, a couple years ago, every time it rained, when cold front came through, it would freeze, making his house very slippery and dangerous. Town came up in spring and put in perforated pipe into storm basin. That alleviated problem for a year, but now water comes up through neighbor's driveway. He said his concern is the retaining wall and where will the water be directed? If it is not done correctly, it could bring problems. James Marlin grew up in neighborhood. Gleason Road side is swampy area. Never dries. River has dried. Lisa Lane is higher elevation throughout. Their water is funneled away. Doesn't see how it is a concern. Sheila Morelli is executrix of the estate. She feels bad Mr. Parr has a water problem, but he had it when he bought the property. She thinks Mr. Ash will take care of his own water problem. She thinks trees have to come down anyway because they are a safety issue. The addition will be an asset to neighborhood because it needs a lot of work. It is a small house on an acre of land. Anyone who wants to buy the house will want to make renovations and cut down trees. Who will she sell her house to? Eaton said we're not trying to interfere with anyone buying or selling, but we're listening to everyone's concerns. like to see everyone retrofit for drainage infiltration. Thad Berry said we should focus in on what we need to see on plan. Foremost, we need to see proposed grading. That will Minutes - March 14, 2001 8 determine the elevation of the wall in back. He is concerned about how contractor will handle drainage behind wall. Should be graded so water drains to the side. Also, appears to be a lot of earth being moved. Would like to know how much so we know what kind of construction activities will be taking place. If the driveway has to be wider, we want to see it on the plan. He should schedule a visit with the Board of Health for a percolation test to see where groundwater is to see if project is viable. He will have to do at some point anyway. Administrator, also has list of items she would like addressed. Mr. Parr queried about flow in stream, and it was important to recognize stream channeled to rock and concrete. Where there is a natural streambed, it doesn't go dry. Only goes dry in rock and concrete area. Water dives underneath the mamnade channel. That section is about 50 feet long. That part did become dry. Eaton asked Jack Sullivan if Engineering has any details on the culvert to give Fran a copy. He said the master drainage plan showed how all surface runoff channels. Mr. Parr said Lisa Lane resident comments are relevant because they've had to put in pipes to drain the water. Ann Elsner said the elevation of wall, the excavation depth and width are an issue. Base would need to be quite a deal wider than shown on plans. Already it is only 10 feet from the property line. Stone wall has trees on either side. It is unclear how much excavation would need to be done. Doug Greene thought we needed a surface hydrology study to see pre- and postconstruction runoff of the property. Mr. Ash said time was an issue. He is not the owner, only the proposed owner. With two feet of snow on the ground and permafrost, there won't be any time soon for a soil and hydrology study. Eaton asked if he would still need to do the retaining wall if doing addition only instead of pool. He said it would still require a fair bit of sculpting out and tree removal even if no pool. Ralph Delafano - Jeff's father-in-law, said one of the restraints was the builders are fast approaching building season and contractors need to know in next couple weeks if project will proceed or they will lose their place in line. Discussed season for testing soils. 10:20 p.m. recessed hearing while applicant decides whether he wishes to request a continuance. Town Meeting - zoning bylaw amendments. Eaton briefly reviewed Article 16, page 5 re: transfer of town-owned parcels. The lots on Bear Hill are all upland and hilly. She said she wasn't sure why Reading Open Land Trust was suggested. They own one parcel opposite the last parcel. Fran Fink reviewed proposed zoning bylaw amendments. Eaton felt Article 19 on mansionization should include reference to buildable land rather than all land, excluding wetlands. Because of the hour she suggested we put the Town Meeting Warrant Articles back on for discussion at the next meeting as well as changes in the.filina fees. Fran Fink said he did cnntn~t Wnkefield and Lynnfeld ---Wa1,-PfP14-h.a z no local bylaw. Lynnfield has lower fees but charges an RDA fee. Minutes - March 14, 2001 9 Snow removal guidelines were forwarded to appropriate town departments. 52 Munroe Avenue resumed. Mr. Ash said he would like an extension until 28`h. If he can get the town everything we need except soil test, he asked if we could make a decision then. Commission responded that that depended on the new information. Pat Lloyd moved and Thad Berry seconded a motion to continue the Public Hearing to March 28 at 7:45 pm at the request of the applicant with no further notice to abutters. Vote: 5-0 in favor. Certificate of Occupancy. Rick Carter, 248 Main Street. There are 7 total units. We have already signed off on one. His office will be moving in one as well as another tenant and they will then demolish the remaining building. Still issue of Conservation Restriction. Pat Lloyd moved and Doug Greene seconded a motion to allow the Administrator to sign off on Occupancy Certificates for two additional units. Vote: 5-0 in favor. Memo from Joe Delaney about Aquifer Protection District 1375 Main Street was distributed. Applicant wants to use pervious pavers to get around total impervious requirements. He is concerned about water quality treatment. Zoning bylaw says can only cover 20% of lot. He wants the Conservation Commission to take a position. This project will be before us on our next agenda. Texaco has asked Town Meeting release of easement at Walker's Brook Drive. There being no further business to come before the Commission, on motion duly made and seconded, the meeting was closed at 10:53 pm. Respectfully submitted, Nancy L. Eaton, Chair, from Notes of Patricia Lloyd, Commissioner