Loading...
HomeMy WebLinkAbout2000-11-02 Conservation Commission Minutes.EIVED Minutes of the Conservation Commission (G CLERK r;EADING. MASS. Town of Reading Selectmen's Meeting Room 2001 FEB 13 P 4 4 3 Wednesday, November 1, 2000 - 7:10 pm Present: Nancy Eaton, Chair, William Finch, Douglas Greene, Thad Berry, Patricia Lloyd, Commissioners; Harold Hulse and Leo Kenney, Consultants; and Conservation Administrator Karen Mullins Absent: Mark Gillis and Vincent Falcione Reading Cable TV was present and recorded the meeting. Microphones were supplied and the public and commission were requested to use them. Minutes: Will Finch moved and Thad Berry seconded a motion to accept the draft Minutes of October 18, 2000 prepared by Nancy Eaton from the notes of the Administrator. Vote: 5-0-0. 7:14 PM Old/New Business: DEP 270-301, RGB 1998-12 Harold Avenue PRD Administrator stated she had worked with Mr. Mahoney and his consultants to get the detention basin in conformance with the approved plans. We now have a current as-built plan. Commission discussed the grading and invert elevation, which is off by .5' (should be 221 and it is 220.5). We still do not have an approved Conservation Restriction and as Lot B has been sold, the state will require a separate Conservation Restriction from that owner. Administrator will contact DCS on status. The Commission was satisfied that the engineer's letter certified that the detention basin as designed met the approved plan and would work properly. Thad Berry moved and William Finch seconded a motion to issue a Partial Certificate of Compliance with the remaining items being: Conservation Restrictions, survival of replicating plantings and construction of the deck on the rear of the house on Lot B. Vote: 5-0-0. On request for bond reduction, the Administrator recommended holding $500 for survival of plantings. Douglas Greene moved and Patricia Lloyd seconded motion to release $2,000 of the bond and retain $500. Vote: 5-0-0. Owner of Lot B inquired what he would need to do to move the location of the deck from one side of the rear of the structure to the other. There would be no change in grade. Commission agreed to delegate the deck issue for the Administrator's signoff as it had no conservation impact. 7:30 PM Public Meeting - RGB #2000-46 - 28 Catherine Avenue, Proposed Addition. No one appeared. The matter was held until later in the meeting. 5 Old/New Business: DEP 270-316, RGB 1999-8, 83 Fairchild Drive Request for Certificate of Compliance. The Administrator reported a revised and accurate as-built plan has been received from Hayes Engineering. Patricia Lloyd moved and William Finch seconded a motion to issue a certificate of compliance. Vote: 5-0-0. 7:40 PM Old/New Business: DEP 270-295, RGB 1997-26, OOC Compliance Review and Bond Appropriation. Peter DeGennaro was present and reviewed the work that had been done since the last review. He submitted a letter from Hayes Engineering dated 11-1-2000 regarding as-built plans. They will be submitted by the 11-15-2000 meeting for the detention basin, water quality Swale and Lots 2, 3, 7, 8 and 9. Mr. DeGennaro informed the Commission he had added 10 high bush blueberry plants to the replication area. He submitted Conservation Restrictions for Lots 3, 7 and 8. He is having issues with the owners of Lots 6 and 9. The Administrator reported that Dean Mola, the owner of Lot 7, called today to inform the Commission that here is a water ponding problem to the rear of the house even after the area was regraded. Lots have been hydroseeded and erosion controls updated. The Commission agreed that Mr. DeGennaro had addressed their concerns regarding the stabilization of the site before winter as required. They agreed to hold off on taking the bond until the as-builts were received and reviewed, prior to the 11-15-2000 meeting. Hayes will revise the as-builts to current conditions, especially with reference to Lot 7 and the changes to the rear and side. Commission will review this matter again at its next meeting. 7:50 PM Public Meeting - RGB 2000-47 - 33 Plymouth Road - proposed above ground pool. Mr. and Mrs. John Tierney were present. The Chair advised the meeting that the Administrator could not sign off on the project because of its proximity to the wetlands and did no meet the minor project conditions. No one raised any objections to the project. Patricia Lloyd moved and William Finch seconded a motion to close the Public Meeting. Vote: 5-0-0. Patricia Lloyd moved and Thad Berry seconded a motion to issue a Negative Determination with standard conditions regarding erosion controls, stabilization, disposal of excess material and water filling restrictions. Vote: 5-0-0. 8:00 PM Old/New Business: Subsequent Town Meeting Warrant - Review Symonds Way Plan. Action on the Warrant article was taken at a previous meeting. The plan has now been prepared. William Finch moved and Patricia Lloyd seconded a motion to recommend to Town Meeting that the land shown on plan dated 2/23/00 at Symonds Way be transferred to the care, custody and control of the Conservation Commission pursuant to Massachusetts General Laws Chapter 40, section 8C for conservation, future water supply and drainage purposes. Vote: 5-0-0. Discussion - Revisions to Minor Project Regulations. The Commission discussed the request from the Town Engineer to allow for a Town-wide filing for utility work to be approved as minor projects as long as they fall within a paved roadway. The Chair raised possible conditions such as erosion controls, stockpiling and dewatering. The Administrator cautioned the Commission about approving work as a minor project as it may be an issue regarding due process and notification of abutters. Patricia Lloyd requested an opinion from Town Counsel regarding the due process issues. She recommended that a blanket order be issued to address that issue and also give the Commission control with periodic review. The Chair advised the Administrator to review the conditions in previous orders and draft a blanket OOC for the town regarding the Town Engineer's request. Recommended the Town Engineer consider a Town-Wide Notice of Intent filing, as currently exists for culvert and waterway maintenance, so the Commission could issue a blanket Order of Conditions.. Drainage: Administrator was requested to check with Ted McIntire, Director of Public Works, regarding who is responsible for the culvert maintenance on Main Street by Cedar Glen Nursing Home as there is a drainage problem in that area. Mr. Hulse noted a previous dumping complaint in this area by an individual on the opposite side of Main Street. 8:15 PM Public Hearing - DEP 270-287, RGB 1996-15,10 Cory Lane - Proposed Amendment of Order of Conditions. This parcel is also known as Lot 12, Carriage Estates II. Mr. Kevin Emery was present. He discussed what has happened since the last meeting when he requested a Plan Change. A certified arborist's report and his proposed plan revisions were submitted. The Chair informed him there was concern about the plans he had submitted as they don't clearly show what exists in the field now as opposed to what existed in the field at the time of the issuance of the Order. There is also concern about the grading from Lot 12 onto Lot 1 Cory Lane Extension. Mr. Emery said he received a copy of the Lot 1 plans and gave them to Hayes Engineering to draw up a grading plan. The Commission discussed the grading and whether it would work without the approved retaining wall being constructed. Thad Berry questioned how the Commission could tell what the grades on the plan signified. Mr. Emery stated the grades were existing grades prior to construction and do not reflect current field conditions. The Commission requested him to get current field grades to the right of the house to insure that the grading to meet Lot 1 can be done as proposed. The Commission discussed modifying the limit-of-work line and asked for clarification as to the distance from the oak trees shown on the plan. There is no proposed Conservation Restriction line on the plan submitted. Mr. Emery stated he wants the Commission to tell him what is acceptable. Mr. Kenney inquired about the significance of the bounds in the field. The Administrator said the previous order required them to mark the 25 and 100 foot offsets from the vernal pool but a deed restriction was not required as part of the amendment. Mr. Kenney suggested the Conservation Restriction should come up to the limit-of-work line in order to protect the habitat. Applicant requested a continuance until 12/6/00 at 8:00 PM to provide additional information on the grading to Lot 1, the Conservation Restriction and impact on trees. Patricia Lloyd moved and Thad Berry seconded a motion to continue the Public Hearing at the request of the applicant until 12/6/2000 at 8:00 PM with no further notice to abutters. Vote: 5-0-0. 8:45 PM - Continued Public Hearing - DEP 270-343, RGB 2000-45 Ashley Place - Delineate Resource Areas. Peter Ogren from Hayes Engineering was present - representing the applicant. He described the plan revisions as agreed to in the field by the Administrator. Flags A15-A16 and A37-42 were revised. Flag 42 now connects to a new Flag 44. The Chair inquired about flagging of the upper limits of the vernal pool. Mr. Ogren informed the Commission that they did look at the vernal pool but did not hang flags. He said it was not beneficial to delineate at this time. Eaton raised the issue as Mr. Ogren stated at the last meeting he wanted all resource areas delineated. Mr. Kenney gave oral testimony that the high school field biology students did site work on the adjacent parcel known as Fienneman Ice Pond owned by the Reading Open Land Trust and that they found evidence of fingernail clams and planorbid snails in the dry pond. Mr. Ogren again stated he believed the DEP standard was stained leaves, not the high water defined by Natural Heritage but he does not believe it will be an issue for planning purposes. Patricia Lloyd moved and Thad Berry seconded a motion to close the Public Hearing. Vote: 5-0-0. William Finch moved and Thad Berry seconded a motion to approve the delineation of the Bordering Vegetated Wetland as shown on plan dated, last revised, October 27, 2000 and that there is sufficient evidence to find that a vernal pool exists on the abutting property and that the upper limits of that vernal pool have not been delineated. Vote: 5-0-0. 9:05 PM - Continued Public Hearing - DEP 270-341, RGB 2000-38 Off Roma Lane/Sunset Rock Lane - Proposed construction of new elementary school and roadways. Applicant team consisted of Dr. Harry Harutunian, Superintendent, Gary Pease, Josh Alston and Lisa Brothers from Judith Nitsch, Mike Dowhan from Gellar Associates and Daniel Gorini from Flansburgh Associates. Some members of the School Committee were also present. The Chair noted the following items received since the last meeting, for the record: New plans dates 10-25-00, letter from the Town Engineer dated 11-1-00, site notes from 10-29-00, Comment memo from Nancy Eaton dated 10-29-00, Letter from Mike Dowhan dated 11-1-00, letter from Gary Pease dated 11-1-00, 3 pages with attachment, 2-page memo from Nancy Scott, 34 Emerson Street dated 11-1-00 and additional matters: letter from John P. Giffane ***(spelling), dated 10-31-00, letter from Flansburgh Associates dated 10-5-00, photocopy of affidavit of Sid Bowen in Civil Action 00-2569. Gary Pease, Judith Nitsch, reviewed the updates and revisions and the letter information in response to questions raised: (1) Width for utilities off Dividence Road reduced to ',16 feet. Will run along path that currently exists; (2) erosion control has been improved on SP drawing, double row of haybales by water quality swales between school and Lot 7 Sunset Rock Lane, sloping requirements, stabilization matting; (3) stone dust. Chair asked whether impervious information was provided to show that stone dust is pervious. Mr. Dowhan said he addressed that in his letter dated 11-1-00. Eaton said that she found the information inadequate to make a decision on that issue. She also said she was concerned about the note that the contractor could not go beyond the limit-of-work line to replace erosion controls. She said the order would require emergency placement of erosion controls anywhere on site at the direction of the Administrator. Eaton said it was not necessary to go through each of her comments and accepted the applicant's representation that they had addressed each point in the material submitted tonight and which she had quickly looked through. The Chair requested the applicant to provide two file copies of the color-coded plan C-1 used in the field at the site visit for the file. She said it was a problem with two different plans having the same plan identification and requested the title be changed to eliminate confusion. The Chair read the memo from the Town Engineer dated 11-1-2000 for the benefit of the audience. Thad Berry felt that the revised plans address his issues for controlling the site and that the revised specs will also control the contractor on site. He stated that it is his opinion that stone dust is pervious, not as pervious as sand, but it does allow for infiltration unlike pavement. He stated he was comfortable that the revisions satisfy the concerns regarding erosion control and water management. The Chair read the buffer zone documents into the record to be included in the documents section of the Order of Conditions (OOC). She was pleased that they were able to revise the plans and answer the questions raised. She felt the changes make it a better project although she is still concerned about the drainage by Lot 7 Sunset Rock and while it is no necessary to delay the hearing would like those as-built plans, when received, coordinated with the school grading to make sure that the storm water management plan will function appropriately. Josh Alston of Judith Nitsch, addressed the concerns raised in Nancy Scott's letter as follows: Comment 1: they have redesigned it to control flow and to stay out of the 25' Zone of Natural Vegetation (ZNV). Comment 2: drain line from underground detention basin has 4:1 slope and has riprap. Comment 3: coordination question between Gellar and Judith Nitsch re: landscaping is resolved on new plans. Comment 4: they will loam and seed the swale to the water quality basin by Lot 7. Comment 5: the elevation of the outlet as dictated by catchbasin elevations on FES 6 detention basin shows sheet flow from first area to second area. Ms. Scott will contact Judith Nitsch directly if she has additional questions. Billy Welch of Franklin Street wanted to know (1) how they accomplished reducing 40% impervious area described in the ENF to 19.95% in the Notice of Intent (NOI). Mr. Gellar explained changes in size of building, roadways and parking as well as reduction in higher than actual numbers used originally. (2) whether there was a loading dock. No, but there is a service area for deliveries adjacent to the cafeteria. (3) Access around the school? There is access to the rear of the structure from both sides but subbase turf path does not go entirely around. (4) Was not a conservation issue and was not discussed. (5) Was Geotechnical report taken into account when designing stormwater system? Mr. Alston explained the stormwater management system was redesigned so that it was located in pervious fill to eliminate bedrock issues. Attorney Mark Favaloro, representing Sunset Rock residents inquired about blasting and erosion control and the volume of blast material to be removed from the site. Actual amounts were clarified at a previous meeting by Sid Bowen from Flansburgh Associates. Mr. Berry added that the applicants have designed for those issues in the latest submission. Mr. Favaloro asked if the engineers took the 3,000 to 4,000 cubic feet removal of rock into effect. Mr. Pease stated that the erosion plan and specifications will handle the amount of blasting. Mr. Gorini from Flansburgh clarified the amount of blast material contracted for was 3,000 to 4,000 cubic yards but the number is relative and more to eliminate blasting as an added charge and they hope the quantity will be much less. The Chair noted the Fire Department regulates the actual blasting and depending on the location, residents may be entitled to a preblasting survey. John Rodriguez, 31 Sunset Rock Lane, stated he was before the Commission a year ago and was informed that stone dust is impervious and why were there different standards? The Chair stated Mr. Berry stated his opinion and she has stated hers. Mrs. Lloyd said she saw stone dust use to meet the design criteria of the Americans with Disabilities Act and the Massachusetts Architectural Access Board to be acceptable. Dave Lindbergh of 70 Dividence Road requested pine trees be planted in the area at the rear of the school to improve the buffer between the residences. Mr. Dowhan explained that they are redesigned that area to leave more buffer so additional planting was unnecessary. Dr. Harutunian stated it is fifth on the add back list and will be done if there are sufficient funds. Mr. Lindbergh stated the end of Dividence is only 14' and where is the other 2' coming from to place the utilities? Mr. Dowhan explained that 10' will be used to install the pipe and 6' clearance on either side is needed and that totals 16 feet. There was discussion about resolving the right of way issues and Mr. Dowhan clarified that the contractor will not be ripping up the homeowner's lawn. Mr. Lindberg inquired whether large trees will need to be removed. The Chair informed him that that issue was reviewed in the field and felt it was appropriate to allow some flexibility for the Administrator to move the line during construction in order to save trees if possible. Attorney Favaloro inquired if stone dust is considered impervious, as the Chair believes, will project still be below the impervious cap? Mr. Dowhan stated if stone dust is considered impervious the total lot coverage will be 20.5%. Mr. Dowhan pointed out for him the closest point of the project to Fox Run Lane. Dean Mola, Lot 7 Sunset Rock Lane requested an update as to how the water quality swales will work and asked whether all of the trees will be cleared or anything will remain. He stated his lot was a lot closer to any work and any replantings should be done near his property to give him a buffer and not at the rear of the school. Mr. Dowhan stated they were amenable to this and has been included in the plans. Nancy Scott asked who would be responsible for maintaining the stormwater management system. The Chair said the Town would be responsible. Dr. Harutunian stated that the DPW will be responsible for maintaining building structure. The Chair said she would like an opportunity to review the revised plans and the information submitted tonight to make sure that all of the issues were adequately covered. Dr. Harutunian requested that the hearing be closed tonight. The Chair asked what the timetable for work beginning was. Mr. Dowhan said depending on the bidding process, site work could begin in February or March. Patricia Lloyd moved and William Finch seconded a motion to close the Public Hearing. Vote: 5-0-0. Patricia Lloyd moved and William Finch seconded a motion to approve and issue an Order of Conditions for the project based on the plans last revised 11-1-2000 and documents dated 11-1-2000, to contain the standard conditions and particular conditions raised during the hearings and in the Chair's memorandum. Draft Order will be prepared by the Administrator and modified/approved at the Commission's meeting on November 15, 2000. Vote: 5-0-0. If the draft is ready before the next meeting, copies maybe obtained at the Conservation office. If the draft is not ready before. the meeting, extra copies will be available at the meeting. Dr. Harutunian thanked the Commission for the time and effort they had spent on the submission. Old/New Business: Minor Projects: Fairchild Drive/Van Norden Road. Commission discussed allowing Administrator to sign off on test pit activity without a filing on this project in particular and adding this type of activity to the Minor Project Sign-Off list. Mr. Kenney asked if the applicant will be refilling the pits in separate layers so that boulders are reburied and not left on the surface leading to degradation of habitat. Administrator said they did not. Kenney asked then what is the point of oversight? Berry asked Kenney if he wanted the contractor to loam and seed when done, too. The Chair suggested the Commission address this subject when the Minor Projects list is revised. 7:30 PM - Public Meeting - RGB 2000-46, 28 Catherine Avenue, Proposed Addition. Applicant still had not appeared. Discussed what action the Commission could take: cannot continue without written authorization from applicant; must issues a Negative or a Positive Determination. Mrs. Lloyd said she did not see an impact as proposed. Berry agreed. Thad Berry moved and Patricia Lloyd seconded a motion to issue a Negative Determination with standard conditions. Discussed whether removing the septic system would require a separate filing. Eaton felt strongly that the Commission had received inadequate information and should issue a Positive Determination and require the applicant to file a Notice of Intent and clearly spell out the scope of work. Vote: 3-2-0. Motion failed. Doug Greene moved and Will Finch seconded a motion to issue a Positive Determination. Vote: 3-2-0. Motion failed. With a nonvote, applicant may appeal to DEP. Lucky Hulse recommended that the Commission reconsider the vote because the Commission will have no oversight if the filing goes to DEP. After discussion, Doug Greene moved and Eaton seconded a motion to reconsider the Negative Determination. Vote: 5-0-0. Discussed septic removal and Board of Health oversight, and when leach field must be removed versus only collapsing tank. The Board of Health regulates the removal. Conservation regulates the activity when it is within jurisdiction as it is in this case. Administrator will notify Board of Health and DPW and request notice and review if, application for permit to remove septic system or permit to connect to sewer is submitted. Doug Greene moved and Patricia Lloyd seconded motion to issue a Negative Determination with conditions. Vote: 4-1-0, Eaton opposing. Miscellaneous: The Chair updated the Commission on the meeting with the Dickinson team and the issues raised in the development of the landfill: New delineation needed: bank, BVW, Riverfront, and floodplain. Encroachment into the 25' ZNV, stormwater management during construction and post construction, and replication after the capping. There being no further business, upon motion duly made and seconded, the meeting was adjourned at 11:00 PM. Vote: 5-0-0. Respectfully submitted, -1 G"U " U , &*A (I q ) Nancy L. Eaton, Chair, from notes of the Administrator