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HomeMy WebLinkAbout2000-05-17 Conservation Commission MinutesREADING CONSERVATION COMMISSION Minutes of Wednesday, May 17, 2000 Town Hall Selectmen's Meeting Room Present: Chair, Nancy Eaton, Members Bethann Matathia (left at 8:45 pm), Vincent Falcione, Will Finch, Mark Gillis, Consultant Lucky Hulse and Conservation Administrator Karen DeFrancesco Notified Absent: Consultant Leo Kenney. No Recording Secretary. 7:05 PM - NOT ON PRINTED AGENDA - 46 Summer Avenue - fallen tree removal. The Commission did a site visit at this location after the Administrator did not authorize removal. Large tree has fallen partly in their yard and partly into wetlands. Conservation Area is abutter. Owner was present and a copy of the site notes were given to them. Phyllis Sachar of 42 Summer Avenue said she was not happy with the aesthetics of the fallen tree. Commission discussed the importance of fallen trees as habitat. Commission asked Administrator's advice about cutting up in 5-10' segments, spreading it out and leaving it there as habitat. Motion was made and seconded to allow the tree to be cut up and left as habitat and that the activity would be overseen by the Administrator. Vote: 4-0-0. 7:15 PM - Corrective Action - 637 Haverhill Street - Attorney Athanas was present to hear what Commission has to report. He submitted a report from the landscaper. Mr. Finch said he believed we could wait a month now that the woodchips have been removed and see what regrows. Skunk cabbage and jack-in-the-pulpit are already emerging. Recommended planting native red maple to provide shade in areas where trees were removed and there are now gaps in the canopy. Mr. Falcione said he would like to wait a month to see the progress and that vegetation is now regrowing. The Chair asked about planting trees now to provide shade. It will be three years before they could provide equivalent canopy to the trees removed. Commission discussed the number of trees that were removed. Administrator told counsel she had catalogs in her office where native species could be obtained. After discussion, it was agreed that owner would replant two native red maples to the north and one to the south in the areas where trees were removed. The Commission also authorized planting of grass for stabilization in areas up to edge of existing lawn. Commission agreed owner could roto-till, regrade and seed up to existing edge of lawn if erosion controls are installed at that location. The Chair reminded the owner to contact the administrator when they are ready to begin work so she can inspect the erosion controls. It was agreed disturbed grass areas need to be stabilized within one week. Mr. Athanas asked about future driveway paving. Administrator said if it is just resurfacing she could look at and approve as minor project. Mark Gillis moved and Bethann Matathia seconded a motion that the owner of 637 Haverhill Street plant three native wetland tree species, two to the north and one to the - south, in the disturbed areas. These must be ordered within one week. Grass areas need" 2 to be seeded within one week. The Commission will review the wetlands regrowth and make a decision at its meeting on June 21, 2000. Vote: 5-0-0. 7:35 PM - Continued Public Hearing - DEP 270-338, RGB 2000-17, Walkers Brook Drive Sewer Installation. The DEP number having been received, Bethann Matathia moved and Mark Gillis seconded a motion to close the Continued Public Hearing. Vote: 5-0-0. 7:35 PM - Public Hearing - DEP 270-339, RGB 2000-23, One Jacob Way, Delineate resource areas. Bill Brooks from Pearson Education briefly presented project. Copy of the Commission's site notes was given to him. Sandy Brock submitted certified mail returns and supplied the DEP number. There are three areas that were inspected as potential wetlands. Area 2 has no dominant wetland vegetation, no hydric soils and no hydrology. However, they did land subject to flooding calculations and did not meet criteria for LSF. Area 3 has skunk cabbage present but no hydric soils and no hydrology and is too small to meet LSF standards. Area 1 was flagged for wetland vegetation. This area was constructed as a detention basin in 1967 and a copy of plans from that time were submitted. There are no hydric soils and no hydrology. Applicant also claimed it was not LSF because it has an outlet. They do not feel it meets the state standard for a wetland but asked the Commission to decide whether it met the local bylaw because of the wetland vegetation. The Administrator reported she joined the Commission for their site walk. Area 1 does meet the local bylaw definition. Since 1980, under the state regulations, they do not regulate stormwater management areas designed for treatment purposes as wetlands and allow them to be maintained. This area was constructed in 1967 and never maintained. The Chair said she agreed that Areas 2 and 3 were no wetlands but that wetland vegetation does exist at Area 1 and that she agreed with the flagging by the applicant. Commissioners and Sandy Brock discussed the gray areas of the regulations. Richard Cutts, from Crowe Associates, said this area was clearly designed as a detention basin. An EIR will be filed. The Commission said the issue was whether the area meets the definition of a wetland. Mr. Hulse reminded the Commission that you look at present conditions, not pre-existing conditions. Bethann Matathia moved and Mark Gillis seconded a motion to close the Public Hearing. Vote: 5-0-0. Mark Gillis moved and Bethann Matathia seconded a motion to find Area 1 is a wetland under the local bylaw only. Vote: 5-0-0. Old/New Business: Violation - 0 Haverhill Street (10 Franklin Street) altering BVW and buffer zone without a permit. Administrator gave a report of her inspections as late as 5:30 PM today. After discussion, Mark Gillis moved and Bethann Matathia seconded a motion that the Commission issue a cease and desist order and spell out in the order exactly what needs to be done to stabilize the area. Vote: 5-0-0. In addition, the owner was told he must file a new Notice of Intent as the old order had expired and could not be renewed. He was cautioned not to do any more work except at the direction of the Administrator to stabilize the area. r 3 8:00 Continued Public Hearing - DEP 270-329, RGB 1999-42 Harvest Road, Lot 198, Proposed Construction of Single Family House. Vincent Falcione moved and the motion was seconded that the Commission extend the Continued Public Hearing, at the request of the applicant, to June 7, 2000 at 8:30 pm. Vote: 5-0-0. 8:00 PM - Presentation - New Elementary School (off Dividence Road), Sunset Rock Lane - Request for Comments. The School Committee has requested a letter from the Commission to submit with the SBAB application. Sid Bowen from Flansburgh Associates, Architects, described the project. This is a preliminary plan and the SBAB is looking for a letter that shows the Commission has been notified and is on board with the project. He said the roadways can be designed to meet the requirements and that the Stormwater Management Policy requirements will be met and installed. Mark Gillis asked Mr. Bowen what SBAB is looking for in the letter. He replied that they want a letter stating the Commission has reviewed preliminary plans and the project has the potential to be built. Mr. Bowen said they will be staying at least 25' away from the BVW and will try to tweak that even more at the northern end near the wetland that connects to the vernal pool off site. The plans will be modified over time but the current plans are close to what will be built. Some details such as modifying slopes for walkways to meet handicapped access need to be addressed. Bethann Matathia asked if they were looking for approval in concept. Mr. Bowen said not at all, only that the Commission has seen the preliminary plans. There are other issues that will still need to be dealt with such as engineering, fire access and building permits. Vincent Falcione asked about field placement of the structure. Mr. Bowen stated it was due to economics and that it was cheaper to place the building where slopes are easily accessible. Blasting will be minimized if the school is located where it is currently indicated. Also, by putting the school in its current location they will have built a school in the woods. The Chair stated she has a problem with writing a letter of approval when the plan is constantly changing. Also, in previous filings, i.e., the landfill, Town Counsel has told the Commission that they shouldn't make a decision about approving a project until the hearing process has been completed. Mr. Bowen said he understands and they have tonight submitted another proposed letter, which is in tonight's packet. Mr. Finch said he has read the letter and he likes it because it does not tie the Commission down. The letter only states that the Commission will work with the applicant. After reading the letter, the Chair said she still felt that the letter goes beyond what the Commission can state legally. She also asked the Superintendent about the Nature Study Center he has discussed before that he wants to put on site. He stated that was still his intention, however, that has not been designed and that is not his expertise. Mr. Bowen said he has looked at that possibility but has not been asked to design that. Mr. Hulse cautioned the Commission if they sign this letter they will be opening the door for contractors that want the same thing in the future. The Commission discussed the contents of a potential letter. Bethann Matathia said she does not see a problem with writing a letter that says the Commission has reviewed the site and it is possible to construct something on the site but that a Notice oflntent will need to be filed with the Commission. 4 Mr. Gillis raised a Commission concern that if they issue a letter they would be approving the preliminary plan and when the Notice of Intent filing with are submitted, the applicant will claim it is already approved. George Hines was present representing the Board of Selectmen and he said he understands the Commission's concerns and would like to see the Commission and the School Committee work together to construct an approvable project. Dr. Harutunian stated that other schools had come before the Commission under the same procedure. Those were additions to existing schools and this is a new school on an undeveloped site where plans are slower to be developed. He said they need a letter that it appears a school may be able to be built. Mr. Hulse cautioned the Commission to be careful about what they state in the letter. Mark Gillis moved and the motion was seconded, that the Commission write a letter to the Superintendent of Schools with language as set forth in the Acton letter, with the caveat that the last phase be replaced with a statement that the project may be developable and add a line that the Commission has done an ORAD. Vote: 5-0-0. The Administrator will draft a letter for the Chair to sign. 8:53 PM - Continued Public Hearing - DEP 279-336, RGB 2000-16, 54 Zachary Lane - proposed remedial activities - install infiltrator basins and sod and remove asphalt. William Bergeron, Hayes Engineering, was present on behalf of the applicant and supplied the. DEP number. He stated a rip-rap wall is proposed to be removed and replaced with a three foot wall with 3:1 grading below and above towards the foundation. The propane tank is to be relocated to the east side of the property line, outside of conservation jurisdiction, and still meet fire department regulations. The tank is sized to the house specifications. He has added impervious area to the east side of the house that was not shown previously. The Chair asked how the propane tank will be filled and he said it is done by a hose. Mr. Falcione inquired about the landscape easement, which was part of the CPDC decision. The Chair asked how the wall removal would take place, the type of equipment to be used and how existing trees would be protected from damage, and the skill of the equipment operator. The Administrator recommended wrapping the trees or put up barriers. Discussed whether a bobcat was too small to do the work. The Chair suggested there be a condition for a fine per inch at dbh for any tree that is damaged. The Commission and Mr. Bergeron discussed the trees and how to get compliance without tree damage. The Chair suggested an inventory of trees along the western 25' limit of work line be taken. Mr. Bergeron stated the new silt fence line is open circles. There is no legend on the plan. The Chair asked about weep holes in the wall and Mr. Bergeron stated there would be one PVC weep hole every ten feet. The Chair asked about roof recharge. Mr. Bergeron said it was part of the filing. He stated he had also removed a portion of driveway. He asked if the hearing could be closed tonight or whether the hearing should be continued involved with the removal and rebuilding work that the new person/contractor will not understand the issues that have been discussed. Mark Gillis moved and the motion was seconded to close the Public Hearing. Vote: 4-0-0. Mr. Bergeron agreed to take photographs of the area and an inventory of the trees. Mark Gillis moved and Vincent Falcione seconded a motion that the Commission approve the project and issue an order of conditions at the next meeting with the standard conditions for the reconstructed wall, the roof storage, and that the applicant shall provide further documentation regarding the trees. Vote: 4-0-0. Old/New Business: Plan Change - Lot 3, 26 Sunset Rock Lane. Robert Beckman, owner, was present. Applicant would like to build a retaining wall and a pervious driveway area for boat storage. The Chair asked if Presidential Development had informed him about the Conservation Restriction on the property and limitation of activities. Mr. Beckman said he was quoted a price for a third bay garage and a pool by the developer. Commission discussed the wall details. Administrator said there were two options and both required additional information. If the Commission finds it is an insignificant plan change, there would still need to be a renoticed Public Hearing. Mark Gillis moved and Vincent Falcione seconded a motion that the Commission find the proposed plan change to be insignificant and he would need to file for an Amended Order of Conditions. Vote: 4-0-0. 9:45 PM - Public Hearing - DEP 270-322, RGB 1999-24 - 379 Haverhill Street - Amend Stormwater Management Order of Conditions. The Administrator briefly / updated the Commission and the need to amend the order with respect to stormwater testing to fit the project. Mark Gillis moved and the motion was seconded to close the Public Hearing. Vote: 4-0-0. Mark Gillis moved and the motion was seconded to issue an Amended Order of Conditions approving the changes at the next meeting. Vote: 4-0-0. Plan Change - DEP 279-287, RGB 1996-15 - Lot 12 Cory Lane - construct concrete wall versus stone wall. Vincent Falcione moved and Mark Gillis seconded a motion that the Commission find that the proposed plan change is insignificant. Vote: 4-0-0. Plan Change - RGB 199-25 - 50 Collins Avenue - construct two foot high retaining wall at rear of pool for grading. Mark Gillis moved and Vincent Falcione seconded a motion that the Commission find that the proposed plan change is insignificant. Vote: 4-0-0. Extend OOC - DEP 270-232, RGB 1991-03, 40 Azalea Circle, Lot 35. Action on this item was deferred until June 7th in order to discuss the matter with Town Counsel. Minor Projects: 34 Whittier Road, 28 Joseph Way, 15 Lucy Drive, 532 Pearl Street, 117 Haverhill Street. Mark Gillis moved and Vincent Falcione seconded a motion that the Commission approve the Administrator's Minor Project sign-off approvals. Vote: 4-0-0. 6 Minor Change - Lot 10, Sunset Rock Lane. Applicant proposed to change the house size and move outside the 100' buffer zone. The project will remain under the 3,000 square foot impervious cap. Mark Gillis moved and the motion was seconded that the Commission find the proposed Plan Change is insignificant. Vote: 4-0-0. Minor Change - Lot 5, Sunset Rock Lane. Applicant proposes to move the house outside the 100' buffer zone, add a deck and walkway all under the 4,000 square foot impervious cap. Mark Gillis moved and the motion was seconded that the Commission find the proposed Plan Change is insignificant. Vote: 4-0-0. 10:10 PM - Draft Order of Conditions - DEP 270-338, RGB 2000-17 - Walkers Brook Drive - sewer installation. After discussion, Mark Gillis moved and the motion was seconded that the Commission approve and issue the Order of Conditions as amended. Vote: 4-0-0. 10:25 PM - Draft Order of Conditions - DEP 270-333, RGB 2000-08 268 Franklin Street. After discussion, Mark Gillis moved and the motion was seconded that the Commission approve and issue the Order of Conditions as amended. Vote: 4-0-0. 10:30 PM - Mill Street Sewer Project: The Administrator asked, at the request of the Town Engineer, whether the Commission would allow the new parking area at Lobs Pound/Marion Woods to be used as a staging area. Based on discussion at the Public Meeting and the public input on the draft management plan for the area, the Commission felt that would be inappropriate. Symonds Way - The Administrator and the Chair walked the site with Engineering staff and reviewed the trees to be removed or topped. The Chair asked Mr. Falcione to review it if he had time so we could let DPW know how to proceed with the corrective action. Route 93 - Gulf Oil - Gasoline Spill. The Chair advised the Administrator that the applicant has not requested nor been granted a Certificate of Compliance. The Administrator had no further information to report regarding Eric's legal status. Adjournment. There being no further business to come before the Commission, upon motion duly made and seconded, the meeting was adjourned at 10:40 PM. Vote: 4-0-0. espectfully submitted, Nancy L. E on, Chair, from notes of the Administrator