HomeMy WebLinkAbout2000-09-13 Conservation Commission Minutes"ECEIVE 3
Minutes of the Conservation Commission O 'IN CLERK.
f E ADING. MASS.
Town of Reading
Selectmen's Meeting Room 2001 FEB 13 P 4: 43
Wednesday, September 13, 2000 - 7:00 pm
Present: Nancy Eaton, Chair, Mark Gillis, Vice Chair, Douglas Greene, Thad Berry,
Patricia Lloyd, Commissioners; Harold Hulse and Leo Kenney, Consultants; and
Conservation Administrator Karen Mullins
Absent: William Finch 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: Minor changes were made to the Minutes of August 23, 2000. Motion was
made and seconded to approve the minutes as amended. Vote: 5-0-0.
Old/New Business:
Tax Title/Town-owned Land Transfers: Eaton reported that she and Karen had made a
preliminary presentation to the Town Manager on September 12 regarding the transfer of
tax title properties. There will be a 3-step process before the Board of Selectmen, the
first, a preliminary presentation on September 26 at 9:00 pm. After that site visits will be
scheduled with the Board of Selectmen and actual votes will be taken at a later date.
The Board will also be asked to sponsor Town Meeting Articles on the transfer of Town-
owned, nontax title parcels to be transferred to the care, custody and control of the
Conservation Commission. Six additional parcels were identified to the Commission,
two tax title and four town-owned for potential transfer.
Patricia Lloyd moved, and Mark Gillis seconded, that the Conservation Commission
recommend to the Board of Selectmen that they transfer the following additional parcels
acquired by tax title foreclosure, to the care, custody and control of the Conservation
Commission pursuant to Chapter 40, Section 8C: Map 153, Lot 44, Colbum Road and
Map 62, Lot 6A, Off Temple Street. Vote: 5-0-0.
Patricia Lloyd moved, and Mark Gillis seconded, that the Conservation Commission
Recommend to the Board of Selectmen that they place warrant articles on the Town
Meeting warrant and to recommend to Town Meeting, to transfer the following additional
parcels of Town-owned land from the Board of Selectmen to the care, custody and
control of the Conservation Commission pursuant to Chapter 40, Section 8C: Map 13,
Lot 47, Bear Hill; Map 13, Lots 79, 80 and 82 and Map 14, Lot 18 Bear Hill; Map 154,
Lot 4, Colburn Road; and Map 46, Lot 5, John Street. Vote: 5-0-0.
7:00 pm - 637 Haverhill Street - Review of Restoration Plantings - Applicant Al
DeMarco was present and stated that he had completed the Commission's requirements,
that a red maple tree recommended by the administrator had no survive, he agreed to
replant a new, healthy tree. He stated this process has created family problems and asked
the commission to bring the process to an end. Applicant requested a statement in
writing indicating exactly what was expected of him.
Administrator noted that only two of the three trees replanted in May have survived. The
south side of the property and most of the yard has naturally revegetated. Some sections
on the north side have naturally revegetated except where removal of the wood chips was
incomplete. The Chair recommended that the remainder of the wood chips be removed,
that a new tree to replace the one that did no survive be planted. She suggested that the
nursery should guarantee the tree for a year and there may not be an additional charge,
that his contractor could consult with the Administrator on the species and that the
Commission delegate to the administrator the type of tree as long as it is a native wetland
species. Planting should take place by September 30, 2000. Consultant Leo Kenney
stated the Commission has been very compassionate to date and its suggestions have
proven correct. He stated a weeping willow would not be an appropriate species for this
location as it is not native.
7:10 pm - Lot 10 Sunset Rock Lane - Request to Remove Pine Trees to Rear of Lot
David Johnson asked permission to remove four pine trees located at the back of the
property, one of them being dead and although not in the buffer zone, were protected as
providing shade to the wetland under the subdivision order. He proposed replanting nine
trees on either side of the lot line and would plant deciduous or evergreen species at the
Commission's preference. Consultant Leo Kenney stated the species didn't matter and
there should be no adverse effect on the wetlands with their removal. The Administrator
recommended an evergreen for year round canopy.
Doug Greene moved and Patricia Lloyd seconded, a motion that the Commission allow
removal of the four trees and replanting of nine trees. Vote: 5-0-0.
7:15 pm - end of Pasture Road - Request for Extension of Order of Conditions,
DEP 270-293, RGB $1997-07 from May 5, 1997 to May 5, 2001. Administrator stated
she had send a letter on May alerting the applicant that the order would be expiring and
addressing the improper storage of construction material in parking areas for the Sledge
Woods Conservation Area. The order is now expired under both DEP and the local
bylaw. We have not received an as-built plan. Administrator reported that the violations
have been addressed. Chair suggested that the applicant submit an as-built and
engineer's letter as soon as possible with a request for a Certificate of Compliance. The
motion to extend was not acted on.
Minor Projects - Installation of Shed, 52 Summer Avenue and 72 Timberneck
Drive. The Administrator explained the projects. It was moved and seconded that the
Commission approve the Administrator's sign-off decisions. Vote: 5-0-0.
DEP# 270-282, RGB# 1996-03,128 Van Norden Road - Request for Certificate of
Compliance. The Chair reported the Commission had done a site visit on Sunday
morning and that the yard is well vegetated. The Administrator said the as-built plan
agrees with the approved plan. The Chair reminded the applicant they could no create a
bigger lawn area. Applicant asked about release of bond funds. Administrator stated she
would contact him with the correct dollar amount.
Mark Gillis moved and Thad Berry seconded that the Commission issue a Certificate of
Compliance for 128 Van Norden Road, DEP# 270-282, RGB# 1996-03. Vote: 5-0-0.
Mark Gillis moved and Patricia Lloyd seconded that the Commission release any
remaining bond funds that are being held for 128 Van Norden Road, DEP# 270-282,
RGB# 1996-03. Vote: 5-0-0.
7:20 pm - RGB 92000-36 - 61 Old Farm Road - proposed construction of patio,
installation of new fence and landscaping - Michael S. Giuffree, applicant.
Mr. Giuffree displayed a plan showing the work areas and noted the following changes:
certain vegetation to be removed; replacement of steps at front door, reseeding of lawn;
installation of an irrigation system; a change in grade of fence to existing edge of lawn to
the right rear, filling and grading of depressions within existing rear yard. The Chair
recommended that the depressed area be filled and graded and stabilized and that no other
grading changes be allowed. Applicant should file a revised plan indicating the changed
fence location before the Determination is released. The Administrator recommended
that all work should conform to the plan presented, that erosion controls be maintained,
that materials not used to backfill should be disposed of in a legal manner off site and
disturbed earth areas be reseeded and vegetated with new growth. Motion to close the
Public Meeting was made and seconded. Vote: 5-0-0. Mark Gillis moved, and it was
seconded, to issue a Negative Determination with Conditions as described above. Vote:
5-0-0.
7:35 pm - RGB #2000-40, 53 Willow Street, Proposed demolition of existing garage
and construction of new garage within 100 feet of a wetland resource area. Susan
Gagnon requested that the Commission allow removal of existing garage with a new
single-story wood structure basically on the same footprint, moving it away from side
line to meet zoning, pour a new foundation the same size as the existing garage. Chair
asked if excavation would create potential for erosion. Chair stated it would be 60 feet
from the wetlands and the yard is level. Motion was made and seconded to close the
public Meeting. Vote: 5-0-0. Motion was made and seconded that the Commission
issue a Negative Determination with conditions as proposed in draft language.
Vote: 5-0-0.
7:45 pm - DEP 270-240; RGB #2000-37, #2 and #10 Franklin' Street, Frank Fodera
- Proposed completion of work under expired order and remedial measures.
All persons intending to speak were sworn. Mr. William Bergeron, Hayes Engineering,,
presented for the applicant, stating that the applicants agree to provide fencing along the
limit of work line to make sure future encroachments don't occur, to complete the
grading work around the house, to all the modified patio area to remain and allow
plantings around the patio, to remove part of the driveway pavement and install brick
pavers, turf stone or crushed stone. He stated the house is as originally approved with the
addition of the deck. He stated the Fodera family would like to rectify all the violations
as soon as possible. The Chair reviewed the site visit notes. The Commission inquired
about cement dregs along the edge of the proposed driveway to the east. This is not on
the proposed plan. Mr. Bergeron clarified that the limit of work line is the proposed
haybale line. Chair asked how the resource area would be protected in the area to the
west, which requires a dug channel to be filled, graded and revegetated. Mr. Bergeron
stated they could add another row of erosion controls at the limit of the replication area.
Mr. Fodera said the cement was dumped there as part of the driveway.
The Administrator said the property was subject to an Order of Conditions issued in 1995
and the Commission should consider whether the 5,000 square foot cap of impervious
area should be included in the new order. The Administrator reviewed the 1996 plan and
the insignificant plan change that was approved subsequently. Commission discussed
requiring a crushed stone driveway area at the rear. Mr. Bergeron stated that the site will
need to be regraded, raising it three feet, to meet the original grading plan. Mr. Fodera
indicated that the remainder of the work would be completed as soon as possible as he
wanted to complete the project and get a certificate of occupancy.
Douglas McAllister, 601 Haverhill Street, inquired when the order expired. The
Administrator stated in May of 1999. He inquired whether the Commission considered
past practices, behavior and actions when making decisions and what controls they will
institute this time to ensure the process. The Chair stated the Commission cannot predict
what an applicant will or will not do. Mr. Gillis recommended neighbors contact the
office if they believe there is a problem. When the order is approved it will be available
for public inspection. The officer number is 942-9016 and the Chair stated she would
accept calls at her home at reasonable hours. Robert Kinslow, 36 Franklin Street, stated
that there is an area of natural drainage there. Mr. Gillis requested nature of the fill that
will be used to regrade since there have been problems with quality of fill material in the
past. Mr. Bergeron stated that gravel would be used.
Motion was made by Mr. Gillis and seconded by Patricia Lloyd to close the Public
Hearing. Vote: 5-0-0.
Motion was made by Mr. Gillis, and seconded by Patricia Lloyd, to approve an Order of
Conditions with the following conditions: require crushed stone, addition of erosion
controls at replication of Zone of Natural Vegetation, filling of the excavated channel, a
timetable for completion of the work, stabilization no later than November 1, as well as
the standard conditions. Vote: 5-0-0.
The Chair stated that if no appeals are taken, the applicants would have two to three
weeks to complete the work. Mr. Berry suggested planting with winter rye as it will
germinate quickly and provide stabilization.
8:15 pm - DEP #270-XXX, RGB #2000-38, Off Roma Lane/Sunset Rock Lane -
Proposed construction of new elementary school.
Vice Chair, Mark Gillis, chaired this filing. Speakers were sworn. Although voted a
Special Employee by the Board of Selectmen, Leo Kenney, Consultant, and a teacher in
the school system, announced he would not participate in this filing to avoid the
appearance of conflict of interest.
Presenters for the applicant were: Gary Pease, P.E. and John Allston, Judith Nitsch
Engineering; Michael Dowhan, Geller Associates, and Sid Bowen, Flansburgh
Associates. Return mail green cards were submitted to the Administrator. The
Commission did a short site walk but since the property was not staked, the applicant
agreed to do so at a later date and to extend the hearing for that purpose.
Mr. Dowhan, Geller Associates, made the following points: The site is accessed from
Dividence Road, Roma Land and Sunset Rock Lane. The topographic plan shows the
property slopes from 220 to an elevation of 246, and is entirely wooded except for one
small area. A geotechnical report found ledge predominantly through the center of the
site between the two wetlands. Additional areas of ledge and boulders were found 3-6'
below surface. They hired ENSR to do a site survey for rare and endangered species for
the Environmental Impact Report for the state. No pools or breeding grounds were found
on site although shown on the state's plan as possible habitat for rare and endangered
species. The site plan shows clearing of all areas within the limit of work except one
small area near Roma Lane. An 8' construction safety fence will be installed with
haybales along wetland boundaries. All construction vehicles will enter the site through a
gated and graveled way through Sunset Rock Lane. The main access road to the school
will direct traffic in both directions with parking located in front of the building, which is
placed between the two wetlands. A smaller vehicle entrance to the north from Roma
Lane will have limited additional parking. The Town will construct a new soccer field to
the west of the driveway. Plans also have a play space, a student drop-off location and a
courtyard. The majority of the building is outside the 100' buffer zone. The closest point
is 27 feet from the approved wetland line.
Mr. Allston from Judith Nitsch Engineering discussed utilities and drainage. The school
will be serviced with a gas line from Dividence Road and enter from the rear of the
building. Water service will enter from Roma Lane, Dividence Road and Sunset Rock
Lane and be looped. Sanitary sewer will exit from the north side of the building and
connect to a stub at Roma Lane. The stormwater management system was designed by
analyzing the pre-development (existing) drainage patterns and watershed areas and the
post-development (proposed) drainage patterns and watershed areas. Pre-development
peak flows were analyzed for the four existing subcatchment areas, also referred to as the
four design points, as delineated in Figure 3, "Pre-Development Catchment Plan", dated
9/1/00. Based on this pre-development analysis, post-development drainage patterns
were designed to follow the existing runoff flow patterns to these four subcatchment
areas. This was accomplished by designing five separate drainage systems: 1. Collect
stormwater runoff from the southern portion of the proposed building roof area and
discharge it to an infiltration trench, 2. Collect stormwater runoff from the proposed
building roof area and discharge it to the northeasterly bordering vegetated wetland, 3.
Collect stormwater runoff from the proposed building roof area and discharge it to the
proposed, detention basin, 4. Collect stormwater runoff from the proposed parking areas
and driveway by deep sump catchbasins routed to a stormceptor before entering the
proposed detention basin, 5. Collect stormwater runoff from the southerly end of the
proposed parking and access driveway by deep sump catchbasins routed to a stormceptor
before discharging southerly off-site.
The Administrator asked if the bordering vegetated wetland line shown on the plan was
taken from the November 3, 1999 Abbreviated Notice of Resource Area Delineation
plan. The Order of Resource Area Delineation issued by the Commission subsequent to
the November 3, 1999 plan required that wetland flag 10 should be moved 10 feet and a
revised plan shall be submitted to the Commission. A revised plan showing this change
has not been submitted and this change is not reflected on the plans in the latest Notice of
Intent filing. Mr. Dowhan agreed to revise the plans showing the correct location of Flag
10. The report of the Town Engineer highlighting drainage issues was entered. Mr.
Pease said he would review the plan and issues of the Town Engineer and respond at the
continued hearing. Mr. Gillis explained to the audience that the Town Engineer reviews
most projects and submits a report based on his review from an engineering standpoint.
It is available for public inspection at the Conservation office during regular business
hours.
Commissioner Thad Berry raised the following issues: Why do the site plans by Judith
Nitsch and those of Geller Associates differ and which is correct? Mr. Dowhan said
those from the landscape architect were most up-to-date. He questioned why one office
did grading plans and another did drainage and why there was apparently little
coordination between the two offices. He asked the location and results of the probe in
the recharge area adjacent to a large outcropping of ledge showed. He requested further
information on the soil testing and seasonal high water. He reiterated that information
must be consistent between the consultants to rectify limits of activity. The Nitsch plan
shows it within 25' of a minimum zone of natural vegetation and suggested that should
be moved. He asked for better details on erosion controls and clarification on the extent
of blasting. He noted the grading for the road shows a potential for a lot of erosion onto
both of the abutting roads. He requested a phasing plan be submitted to evaluate how the
contractor will do the work; i.e., clear the whole site or a portion at a time as well as
specifics on the extent of blasting and how it will affect erosion. Mr. Pease indicated that
work is shown on some diagrams and stockpiled areas that can be fenced off. He said
they could not get too specific as to the order of work since that would limit the
contractor's ability to be most cost-effective.
Ms. Eaton stated the site was not staked in accordance with the regulations and once that
is done, the field staking may generate even more questions that cannot be foreseen at
this point. She stated at the time of the delineation inspection, the Commission was very
concerned with the wetlands to the northeast and until the extent of proposed activity is
shown in the field, the impact cannot be evaluated. She inquired as to the roofing
material that would be used in order to correctly calculate runoff and Mr. Bowen from
Flansburgh Associates stated that all roof material will be fully adhered EDPM rubber
roofing material. She inquired as to future expansion plans for the school and was told
by Mr. Bowen that that is not part of this process and any future additions had not been
allowed for in drainage calculations. She read selected items from the Town Engineer's
report and suggested the consultants should coordinate with him and provide resolution at
the continued hearing. Mr. Pease agreed to provide detailed documentation on
stormceptors reliability and their reasoning for selecting that model. The applicant will
meet with the town engineer regarding responsibility for maintenance on the system,
usually accomplished with a vacuum truck.
Eaton requested one condition require a paragraph to be placed in any bid documents that
the contractor must comply with the Order of Conditions if they differ from other
contract terms. She asked for clarification as to the activity for gas and water lines at
Dividence Road and whether a permanent entryway was envisioned. Mr. Dowhan stated
those utilities would enter through that route. In addition a four foot high chain link
fence with gate will be installed at the perimeter in agreement with the abutters. Eaton
questioned the intent to clear cut additional area or limit the utility installation to the
existing pathway. Mr. Dowhan indicated the utility easement would be a cleared strip
25-30' wide. Ms. Eaton stated that width was more than needed and the applicant should
reconsider that as the work would be within the buffer zone. Mr. Dowhan raised
- - questions about the delineation of the wetlands and the 100' buffer zones. Ms. Eaton
suggested he read the Conservation regulations at Section 5 (C) (3). She stated that 25' is
the minimum amount and would probably be sufficient for the southeast wetland but may
not be for the northeast wetland due to grading.
Mr. Gillis inquired whether Natural Heritage and Endangered, Species Program had
responded to the filing. Mr. Dowhan stated he had not seen anything from them. Ms.
Lloyd quested the soccer field on the plan. Mr. Dowhan also indicated a small play
structure will be housed in the area as well. Eaton requested clarification for the "not to
be cleared" area near Roma Lane. Mr. Dowhan indicated that was a location to run pipes
and utilizes to the existing roadway and that the 3:1 slope requirement is met. Eaton
requested a full set of detailed plans be submitted prior to the next hearing. Mr. Dowhan
agreed that those would be submitted. Mr. Berry requested they be provided in a timely
manner to allow review before the meeting. Mr. Dowhan said they arrived late so they
could provide the latest changes as this was a dynamic process. Ms. Eaton reminded the
consultant that the permit process required that additional changes stop prior to the
closing of the Public Hearing and any additional changes would require a new hearing to
do determine their significance.
Mr. Gillis opened the meeting for public comment. William Welch of Chapel Hill
Drive inquired why the access road around the school had been eliminated. Mr. Dowhan
indicated it was no eliminated but shortened but still allowed fire truck access. It was
shortened to save more vegetation and retain more undisturbed buffer between the
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building and abutters. Mr. Welch asked how the fire truck would exit the area and Mr.
Dowhan indicated they would have to back up.
David Lindbergh, 70 Dividence Road, questioned the 25-30' utility cutting saying he
preferred to have more vegetation remain and that Dividence Road at that location is only
14' wide with boulders at the end of the roadway. He inquired whether abutters will lose
property when the gas line is installed. Mr. Bowen responded that current discussions
with Boston Gas require they bring the gas line in from North Reading via Franklin Street
to Dividence Road. Details are being worked out with the Town Manager and Town
Engineer. He said the school prefers not to be on oil.
Dean Malone, 47 Sunset Rock Lane, inquired as to the clear cutting located adjacent to
Sunset Rock Lane and Mr. Dowhan explained it was for a drainage discharge pipe. Mr.
Malone inquired whether it would be running through his back yard. Mr. Pease indicated
that it currently does but efforts will be made to move it further back on the property and
decrease the water flow. Ms. Eaton indicated that pervious soil will allow the water to
infiltrate into the ground. Currently some overland flow exists and regulations require
that there be no increase in quantity of flow from what currently exists. Mr. Pease
indicated that the subdrainage area into Mr. Malone's rear yard includes a good portion
of the southern area and they will work with the Town Engineer to spread it out. Mr.
Malone inquired if the drainage system will connect with that of the Sunset Rock
development and Mr. Pease stated it was separate.
Linda Phillips, Willow Street, said she had noted several different boundaries on plans
and asked for clarification on distances. Mr. Dowhan indicated the building is 60-70 feet
from the property line.
Nancy Eaton moved to continue the Public Hearing, on DEP 270-xxx, RGB 2000-38 to
Wednesday, October 18, at 8:00 pm, in the Selectmen's Meeting Room at the request
of the applicant with no further legal notice required to abutters. Doug Greene seconded.
Vote: 5-0-0.
Mr. Gillis advised interested parties they could call the Conservation Office that day to
find out if the matter will be going forward or whether the applicants will be requesting
additional time. Revised plans and documents will be available for public inspection
upon filing.
(Short recess.)
9:55 pm - DEP #270-xxx, RGB #2000-39 - Off Fairchild Drive/Van Norden Road -
Proposed construction of two access roads and six single family homes.
Chair Nancy Eaton read the hearing process statement and speakers were sworn. Mr.
James Bolduc, Wetlands Preservation, Inc., Plaistow, NH represented PRZ Construction.
Peter Zanni was also present. Ms. Eaton reported the Commission had done a site visit
and entered those notes into the record. She stated that the plans as submitted show
Miscellaneous: Sally Hoyt was introduced to the Commission as our Board of
Selectmen liaison for the next year. Mike Abel, DEP Northeast Regional Office Circuit
Rider was introduced.
Adjournment. There being no further business to come before the Commission, on
motion duly made and seconded, the meeting was adjourned. Vote: 5-0-0.
Respectfully submitted,
Nancy L. Eaton, from notes of Denise DeLeo, Recording Secretary
and the Conservation Administrator