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HomeMy WebLinkAbout2000-05-03 Conservation Commission MinutesREADING CONSERVATION COMMISSION Minutes of Wednesday, May 3, 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 (arrived at 8:45 pm), Consultant Lucky Hulse and Conservation Administrator Karen DeFrancesco Notified Absent: Consultant Leo Kenney. No Recording Secretary. Minutes: Bethann Matathia moved and it was seconded that the Minutes of January 5 and February 16 be approved as amended. Vote: 4-0-0. Bethann Matathia moved and it was seconded that the Minutes of April 22, 2000 be approved as written. Vote: 4-0-0. 7:10 PM - Public Hearing - DEP 270-XXX, RGB 2000-17 Walkers Brook Drive - Installation of 4,620 linear feet of sewer pipe. Present for the applicant were Joseph Delaney, Town Engineer, Katherine Nadeau and Lisa Gove from CDM, Consultants. The project proposes installation of 4,620 linear feet of sewer pipeline within the right of way of Walkers Brook Drive and New Crossing Road and at four crossings. Starting with Sheet 1 of the plans, the sewer will be installed in the roadway and haybales will be installed. They will be going underneath the culverts that cross under Walkers Brook Drive. Sheet 2, work will end at the gas line. Haybales will be installed. Sheet 3: Haybales will be placed around and will go cross-country at railroad. Sheet 4, cross- country will be through existing paved area in parking lot. Haybales will be installed at the end to protect intermittent stream. Sheet 5, they will slip sleeve under the railroad tracks. This area will slightly be in the wetlands. The Administrator informed them of that this morning. They are proposing to move the manhole 5' to the south. The Administrator gave her report and said she did an inspection at the railroad crossing this morning. Town Engineer Joseph Delaney described the project. The slopes are critical for inverting the sewer so it flows in the opposite direction to avoid large wetland impact further down. The Chair entered into the record the 1987 USGS quadrant. Staging will be done at the DPW garage and possibly the landfill depending on the progress of the work. Work is expected to start in July depending on obtaining all easement rights. The Chair inquired about erosion controls at the landfill for staging. Mr. Delaney said the Commission could condition that. She also inquired about the flood storage area by the railroad tracks and Mr. Delaney said if they did work or staging near those areas they would place erosion controls but right now they plan to work away from them. 2 Eaton asked if the consultants had taken into account that Fraen had encountered contamination when doing their construction and had any thought been given to such potential during their excavation. Mr. Delaney said it could be added to the contract bidding process. The Chair asked for new plan sheets to reflect the agreed to changes to be submitted. The Applicant gave a continuance until the next meeting awaiting receipt of the DEP number, new plan sheets. At that time the Public Hearing can be closed and an order issued the same night. Bethann Matathia moved and it was seconded that the Public Hearing be continued at the request of the applicant until May 17 at 7:15 PM. Vote: 4-0-0. Old/New Business: P & S Convenient Store - Plan Change. Joseph Delaney, Town Engineer, was present. He stated the plan was to move the haybales to the bottom of the slope for erosion control. They will try for a 3:1 slope where possible and if no will rap- rap. The state is proposing a guardrail and the owner wants to see how it will look with the slope fixed and then make a determination. He feels this is the best solution since we do no want to damage the trees and do no want to fill and risk flooding the area. The Chair raised the issue of the work on the right-hand side. Stone, seed and a vehicle barrier from getting too close to the stream were discussed. The Administrator recommended the change. Alternatives could be more detrimental. Motion was made and seconded to approve the Plan Change as insignificant. Vote: 4-0-0. 7:40 PM RGB 2000-19, 74 Sanborn Lane, Proposed 17 x 10 foot screened porch and deck to rear of existing house. Nancy Flynn, Applicant, and Frank Cassidy, Contractor, were present. Mrs. Flynn stated the plan was to close in the deck, put in 4' footings because of extra load, add a deck and put in a gutter that would direct roof flow across the grass. Administrator said she felt erosion controls were not necessary. At Town Meeting neighbor William Griset told the Chair that he supported the project. Administrator will follow up with abutters about dumping in the wetlands. Vincent Falcione moved and it was seconded that the Public Meeting be closed. Vote: 4-0-0. Vincent Falcione moved and it was seconded that the Commission issue a Negative Determination with the following conditions: (1) that a stilling basin be used if dewatering is required; (2) that stockpiling be done away from the wetlands; and (3) that any disturbed earth areas be stabilized by revegetation at the conclusion of the work. Vote: 4-0-0. 7:45 PM - Public Meeting - RGB 2000-20, 538 Pearl Street - Proposed 26' x 24' addition and deck on west side of existing house. Thomas O'Neill, Applicant, was present. He proposed to remove existing deck and construct addition and new deck. He will need to remove the tree to the left of the deck. He will put gutters to collect roof runoff and use stone at base if necessary. The Chair felt erosion controls were necessary as there is not much room before the BVW. Other conditions would be stabilization of disturbed areas, stockpiling materials at the front of the house and if dewatering is necessary to contact the administrator to approve location. Administrator asked where the Commission wanted the erosion controls. Mr. Finch suggested that the BVW line 3 should run from WF 2 to 5, removing flags 3 and 4. The Commissioners felt that was the appropriate wetland line. Mrs. Matathia said she had an issue with the deck no being 25' off the wetlands. The Commission and applicant discussed reducing the size of the addition to keep the full 25' ZNV. The Chair explained the importance of the buffer to provide a strip between the work and the BVW to filter out contaminants and control runoff. The Chair felt she could accept 22' that was better than the 5' that the Commission approved on Lowell Street. Vincent Falcione moved and Will Finch seconded a motion to close the Public Meeting. Vote: 4-0-0. Motion was made and seconded to set the wetland line at WF 1 to WF 2, to WF 5, to allow the addition and shorten the width of the deck to maintain a 22' zone of natural vegetation with the usual conditions as noted above. Vote: 4-0-0. Minor Projects: Administrator presented minor project at 29 Buckingham, above- ground pool, in-kind replacement. Bethann Matathia moved and it was seconded that the Commission approve the Administrator's sign-off. Vote: 4-0-0. 256 Lowell Street - Moved by Vincent Falcione and seconded to approve the Administrator's Sign-off. Vote: 4-0-0. Violation - 637 Haverhill Street - Attorney William Athanas was present representing the DeMarcos. The Chair reviewed what had happened at the 1-5-00 meeting and that the DeMarcos had agreed to remove the woodchips. Mr. Athanas stated they were not taken care of because of the winter weather. Eaton stated they Commission had tried to handle this as a friendly enforcement action but the property owner has no complied. The inspection showed a lot more cutting in the BVW. She asked when the work would be done. Mr. DeMarco spoke saying his landscaper told him they couldn't remove it in the winter because it was frozen but they plan on having that landscaper do the removal within two weeks. The Chair felt it should be done sooner. The Commission discussed future action and timetable. Bethann Matathia reviewed the January 5th meeting minutes and that it was made clear at that time that the Commission would review the status of the violation in April and inspect new growth at that time. Mr. Hulse recommended the woodchips be removed as soon as possible. Attorney Athanas said he was trying to work with the Commission. Mrs. Matathia asked if the woodchips could be removed by May 12th. The Chair requested a planting plan with adequate plants to replace the destroyed canopy. Mr. Falcione said he believed a lot of the items that were cut would revegetate naturally. If we find that happens, the planting plan can be modified. The Chair addressed the trailers and the storage within the 25' ZNV and explained the regulations and the reason for them. Applicant agreed that the woodchips would be removed by Friday, May 12th and a planting plan submitted. If the work is not done by May 15th, the Administrator should issue fines. Mr. DeMarco asked for guidance on where he could plant grass. Mrs. Matathia stated the Commission would do a site visit and determine the area. 4 8:45 PM Public Meeting - RGB 2000-22, 41 Batchelder Road - Proposed Tree Removal, Loam and Seeding to Rear of Existing House. Mr. and Mrs. Torra were present. The trees have already been cut and while we would have recommended saving some of them, the work should not impact the wetland resource areas. Vincent Falcione moved and motion was seconded to close the Public Meeting. Vote: 4-0-0. Motion was made and seconded to allow the tree removal, loaming and seeding but no filling and no change in grades. Vote: 4-0-0. 8:55 PM - Public Meeting - RGB 2000-21 - 44 Roma Lane - Proposed screened porch and deck to rear of existing house. No applicant or representative was present. Administrator explained restrictions under Order of Conditions for the subdivision, which says the limit of work continues in perpetuity. The Chair reviewed the site visit report. There are two options: issue a Negative Determination, with or without conditions; or issue a Positive Determination and require the filing of a Notice of Intent. Mark Gillis moved to close the Public Meeting and the motion was seconded. Vote: 4-0-0. Mark Gillis moved and Will Finch seconded a motion that the Conservation Commission issue a Negative Determination with the following conditions: erosion controls to be approved by the Administrator before the work is commenced, no stockpiling at the rear of the house. Vote: 4-0-0. Mr. Hulse inquired about Sanborn Village phase I, II, etc. and stated a covenant was to be signed regarding no future development. Administrator will look in the files. Old/New Business: Beaver Dam Modification Permit. The Administrator said the state had changed the size breach they would allow from 1:1 to 2:1 foot. Mark Gillis moved and motion was seconded that the Commission modify their Emergency Order allowing breach of the beaver dam. Vote: 4-0-0. Plan Change, DEP 270-295, RGB 1997-26, Lot 4, Sunset Rock Lane, decrease house footprint. William Bergeron, Hayes Engineering, answered questions regarding the reduction in size of the house footprint in exchange for which they would like to add a deck with a concrete pad and add front stairs and walk and a concrete apron for the garage. There would be no increase in impervious area. William Finch moved and motion was seconded that the Commission find that the Plan Change is insignificant. Vote: 4-0-0. 9:05 PM - Continued Public Hearing - 268 Franklin Street - Proposed Construction of Single Family House, Garage, Driveways and Roadway. William Bergeron,'Hayes Engineering, was present representing the applicant. He described the modifications on the revised plan. Administrator said all the changes discussed at the last meeting have been incorporated: waterline looped, sewer line, bermed swale at the detention basin, revegetation of the disturbance at the sewer installation, added haybales at the shed to re-establish the ZNV and haybale line moved by WF 21 to make a larger ZNV. The Chair asked if loam and seed was acceptable and she recommended it be a _ - conservatiori mix. Mark Gillis moved and William Finch seconded a motion to close the Public Hearing. Vote: 4-0-0. Mark Gillis moved and William Finch seconded a motion to approve the project as modified with the usual conditions. Order will be reviewed and issued at the next meeting. Vote: 4-0-0. Discussion - Lot 19, Carriage Estates II, 54 Zachary Lane. Mr. Bergeron asked for Commission input on acceptable ways to address the wall issue. He suggested geo mat. Commission sees the wall in its present configuration as an erosion control problem. He said the will design a retaining wall for the area. 9:30 PM - Public Hearing - DEP 270-337, RGB 2000-18, Lot 2, 24 Cory Lane, Proposed Construction of Single Family House. The DEP file number has now been received. Will Finch moved and Mark Gillis seconded a motion to close the public hearing. Vote: 4-0-0. Will Finch moved and Mark Gillis seconded a motion to issue the Order of Conditions as drafted. Vote: 4-0-0. Old/New Business: Minor Project: 55 Azalea Circle, 44 Chapel Hill Drive. Consensus was to allow Administrator's sign-off on these projects. ENF - Environmental Notification Form comments for MEPA filing regarding the Dividence Road School Site are due. They have addressed: an ANRAD being filed, the Commission delineated line, a Notice of Intent required. Vernal pool is off site to the north. Not addressed are stormwater management, grading, utilities and roadway impact. Mark Gillis moved and the motion was seconded that the Commission delegate to the Administrator to write comments to the MEPA filing. Vote: 4-0-0. Administrator discussed potential violation on Smith Avenue. She will send a letter. 695 Pearl Street Potential Land Swap Mr. Harper has offered to pay for at least one appraisals which would be necessary. Joel Lerner may think it is a conflict of interest. Administrator called the State Ethics Commission and is waiting for a final answer. The first issue is to decide if the Commission wants to proceed with the swap. We can wait until we receive a response from the State Ethics Commission and see what Town Counsel advises. If we don't proceed, we can consider going to Town Meeting to rescind the previous vote if necessary. Pleasant/Wilson Street - the tree an abutter has requested be removed from the Town owned lot has not leafed out. Vincent Falcione moved and Mark Gillis seconded a motion to allow the tree to be removed. Vote: 4-0-0. Marion Woods Update - The Administrator reported the parking lot is in, granite bumpers are installed. The oak still needs to be trimmed. We discussed the placement of the required sign. The Commission also discussed naming the Conservation Area. It was felt we wanted to honor and commemorate Jim Biller, former Conservation Chair, whose eloquence at Town Meeting was probably the deciding factor in the funding approval. Discussed calling it Marion Woods at the Jim Biller Conservation Area. 6 1090-1100 Main Street - The Administrator reported that Town Counsel has filed an appeal to the final order. Beaver at Lobs Pound Mill Conservation Area. Will Finch and Nancy Eaton were called to the area by neighbors. An badly injured beaver was put down by Environmental Police. Adjournment. There being no further business to come before the Commission, Mark Gillis moved and Vincent Falcione seconded a motion to adjourn at 10:14 PM. Vote: 4-0-0. Respectfully submitted, Nanc L. Ea bn hai y , C r, from notes of the Administrator