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HomeMy WebLinkAbout2000-04-19 Conservation Commission MinutesREADING CONSERVATION COMMISSION - Minutes of Wednesday, April 19, 2000 Town Hall Selectmen's Meeting Room Present: Chair, Nancy Eaton, Members Bethann Matathia, Vincent Falcione, Mark Gillis (7:22 PM) and Conservation Administrator Karen DeFrancesco Notified Absent: Consultant Leo Kenney. No Recording Secretary. 7:22 PM Meeting was called to order. 7:22 PM Continued Public Hearing - Land Use and Management Plan, Marion Woods Acquisition. The Chair reported that CPDC had reopened the Scenic Way hearing. John Costigan, 75 Mill Street, the direct abutter, presented at that meeting. She also reported on the Conservation Commission Site Visit report, comments from the Tree Warden and e-mail correspondence. Kim Honetschlager told CPDC that what they were asking was outside of the jurisdiction of the CPDC. CPDC ruled five conditions to the Scenic Way. Michael Rapetto, 76 Mill Street, expressed concern about the parking lot, opposite his house, would create a pedestrian problem, as there are no sidewalks and no safe place to walk in the street. The Chair explained that the Land Use and Management Plan is on our agenda tonight and not sidewalks. That would need to be addressed with other bodies. Mr. Rapetto said he thought the parking lot was a safety issue and inquired whether there was an alternate site. The Chair said she would like to see no parking lot but that it was a state requirement that must be met in order to obtain the funding. She suggested Mr. Rapetto voice his safety concerns to the Board of Selectmen. Bethann Matathia moved and Mark Gillis seconded a motion that the Conservation Commission request the Board of Selectmen to post 20 miles per hour speed limit signs on Mill Street as well as entering and turning signs on both sides of the street to alert traffic that there was entering and exiting- traffic. Vote: 4-0-0. The Chair requested a motion be made whether the Conservation Commission approves the Land Use and Management Plan with the following conditions: That the parking lot be restricted to three spots, two regular and one handicapped and to use the three center spots to keep them as far as possible from the tree roots at either end; and that the Tree Warden and CPDC be requested to ask that the Tree Warden prune the trees and do deep root feeding. Motion was made and seconded to close the Public Hearing. Vote: 4-0-0. Mark Gillis moved and Vincent Falcione seconded a motion that the Conservation Commission approve the Land Use and Management Plan for the Marion Woods acquisition with the following conditions: (1) to reduce the length of the driveway and that three parking spots be installed between the two trees and placed so traffic would have the least impact; 2 (2) abandon the loop driveway through the Costigan property currently existing; (3) that the boundary line be established in the field between the conservation property and the Costigan property; (4) that future expansion of the parking area will be based on future need; and (5) that the parking spots will be gravel and not paved. Vote: 4-0-0. Minor Projects: 76 Mill Street. Mr. Rapetto asked for permission to install a yard shed. The Commission discussed what would be stored there and where refueling would be done. He stated he refuels his tractor in his driveway on pavement. Mark Gillis moved and Bethann Matathia seconded a motion to approve the Minor Project Sign-Off by the Administrator. Vote: 4-0-0. 7:30 PM - Public Meeting - RGB 2000-12 End of Beverly Road, Decommissioning and Abandonment of Revay Well #2. Peter Tassi, Superintendent of the Water Treatment Plant was present and discussed the abandonment process pursuant to DEP guidelines. After filling of the pipes, the top four feet will be filled with clean gravel and loamed and seeded. He will meet with the Administrator on site and place haybales at her direction. They plan to do the work during the lowest water table time, usually in the fall and he anticipated little dewatering would be necessary. The Chair reported Mr. Charles Kenniston of 200 Grove Street was present at the cancelled meeting on 4-5-00 to discuss his concerns regarding use of the easement and unauthorized vehicles driving on it and would like to see restrictions on who can go on it. Mr. Kenniston also told her a culvert was installed last summer. There was no filing for any such activity. The Administrator checked into it and could no find answers. The Chair read the site visit notes and recommended conditions: (1) erosion controls at the direction of the Administrator, (2) restrict vehicles to existing driveway, (3) reduce cutting to shrub layer and minimize tree removal and (4) excess and excavated materials to be removed off site. Mark Gillis moved and Vincent Falcione seconded a motion to close the Public Meeting. Vote: 4-0-0. Mark Gillis moved and Vincent Falcione seconded a motion that the Commission issue a Negative Determination with the above- described conditions. Vote: 4-0-0. 7:55 PM - Continued Public Hearing - DEP 270-329, RGB 1999-42 Harvest Road, Lot 198 - Proposed Construction of Single Family House. At the request of the applicant a motion was made and seconded that the Continued Public Hearing be continued to May 17, 2000 at 8:00 PM. Vote: 4-0-0. 7:56 PM - Old/New Business: Town Warrant - DEP 270-295, RGB 1997-26 - Sunset Rock Lane - Review Sunset Rock Lane Bond Taking. In November 1999 the Commission voted to request the Board of Selectmen place a bond taking article on the Spring Town Warrant. The Chair stated she visited the site over the 4-16-00 weekend and the detention basin had water in it. Peter DeGennaro, Presidential Development was present. He stated they had filled the channel and regraded the detention basin, planted additional red maples, planted three pines on Lot 9 and hauled stumps off of Lots 4 and 5. He and the Administrator walked the site for an hour today. He still needs to fix the silt 3 fence in certain locations and to clean the silt sacks in the catchbasins. The Chair inquired whether a report for the replication area showing what was approved and planted versus what is growing there has been received. The Commission reviewed with Libby Wallis, Botanist for Hayes Engineering what the Commission expected to see in her reports for the replication area. Bill Bergeron, Hayes Engineering, interjected that he thought during the Public Hearing that Leo Kenney advised using indigenous existing plants from the BVW crossing area. Commission discussed whether this was part of the baseline or additional. The Chair asked Mr. DeGennaro if he had a problem with the bond taking article remaining on the Town Meeting Warrant. He replied that he did and that he had tried to do everything to get into compliance. The Commission discussed phrasing the recommendation so that it sates Mr. DeGennaro is working towards compliance. The Commission can't wait to take the bond at fall Town Meeting because we need to be able to appropriate it if the necessary work is not completed before that time. 8:20 PM - Continued Public Hearing - DEP 270-333, RGB 2000-08 - 268 Franklin Street. Bill Bergeron and Libby Wallis from Hayes Engineering, consultants for the applicant were present. CPDC has approved but is no issuing their decision until the Conservation Commission meets to see if any other impacting changes are made. The proposal is to construct a single family house with associated driveway, cul-de-sac and garage on Lot 2. The detention basin is per subdivision regulations, shallow, with a control structure outside the 100' buffer. The Town Engineer has requested a swale to direct the flow to stay on Lot 2 and not onto abutting conservation land. There is a vernal pool on the adjacent property. As sketched on the plan on the board, it scales to be over 100' from the proposed work. They have provided natural flow on the easterly and westerly portion of the site. The violation for the sewer hookup disturbance still needs to be loamed and seeded. There should be oil/gas traps in catchbasins. The Chair inquired whether a new plan has been received since the Town Engineer requested the berm at the detention basin. Mr. Bergeron said the plan the Commission has reflects the swale. The Chair read the site visit notes into the record. She also stated the Commission did no delineate the upper limits of the vernal pool. The site notes place it by WF #20. According to information from Natural Heritage and Endangered Species Program, the limit is the highest water height observed. The existing wooden structure on Lot 1, an old garage, is remaining. The Chair expressed concern about restoring or maintaining a full 25' ZNV at this location. She asked Mr. Bergeron if he was representing the applicant and speaking for him. He responded that he could only speak to what is on the plan. The Chair conveyed Leo Kenney's recommendation that the Commission require more than 25' ZNV and a swale to prevent runoff from the detention from flowing into Conservation land at Kurchian Woods. Vincent Falcione asked who did the sewer hook up. While a connection permit was received from "DPW, a private contractor did the work. The Administrator stated the date of the Town Engineer's letter requesting the berm be installed was dated 3-13-2000, after 4 the date of the plan. Bethann Matathia asked what Leo Kenney recommended the Commission protect as ZNV. The Chair reported he gave no specific number but probably meant the entire 100' ZNV. Mr. Bergeron said he could fix the siltation line at the easterly swale and establish a 25' ZNV. The Commission requested the applicant submit a planting plan for the area of the violation. At the request of the applicant, Bethann Matathia moved and Mark Gillis seconded a motion to continue the Continued Public Hearing until May 3, 2000 at 9:00 PM. Vote: 4-0-0. 8:55 PM - Public Meeting - RGB 2000-13,12 Henzie Street - Proposed 18' x 22' addition to rear of existing house. James Willwerth, the applicant and owner was present and gave a brief presentation of his project. The Administrator reported her site inspection. The vernal pool is not certified by state but may be considered under the local Bylaw as a vernal pool. Mr. Willwerth asked whether he could plant along the brook and Commissioners felt that was not a problem. Bethann Matathia inquired how the cement truck would access the site to pour the foundation. Mr. Willwerth stated that the cement truck would be brought in on the right side of the house, if not, cement would be pumped from front to rear. Mark Gillis moved and Bethann Matathia seconded the motion to close the Public Meeting. Vote: 4-0-0. Mark Gillis moved and Bethann Matathia seconded a motion that the Commission issue a Negative Determination with the following conditions: Haybales be placed to prevent erosion into the wetlands; removal off site of any excess materials; any stockpiled materials be placed in front of the house; that disturbed areas be revegetated; and that there be no grade changes. Vote: 4-0-0. 9:05 PM. Public Meeting - RGB 2000-15, 32 Lucy Drive, Proposed 34' x 24' addition to side of existing house. Kevin Thomson, applicant, was present and he described his project. The addition will be within the existing driveway. Administrator stated the work is 50' from the BVW. The Chair suggested the following conditions be considered: erosion controls, removal of excess fill and stockpiling to the front of the property. Bethann Matathia moved and Mark Gillis seconded a motion to close the Public Meeting. Vote: 4-0-0. Mark Gillis moved and Bethann Matathia seconded a motion that the Commission issue a Negative Determination with the conditions discussed above. Vote: 4-0-0. 9:15 PM - Public Hearing - DEP 270-335, RGB 2000-14 - Lot 1,18 Cory Lane, Proposed grading associated with construction of a single family house. Brian Fogarty was present and described the project. The Superceding Order of Conditions for this project expired and he was required to refile under the state WPA. The grading is the same as previously proposed. The house is outside jurisdiction. There has been no response from Natural Heritage. Motion was made and seconded to close the Public Hearing. Vote: 4-0-0. Motion was made to approve and issue the Order of Conditions as drafted by the Administrator. Vote: 4-0-0. Old/New Business: The Administrator reported she had issued an Enforcement Order for violation activities at 38 Cross Street and asked the Commission to ratify her action. 5 A motion was made and seconded to ratify the Enforcement Order issued by the Administrator on March 17, 2000 for 38 Cross Street and the issuance of a $100 ticket. Vote: 4-0-0. 9:35 PM - Public Hearing - DEP 270-XXX, RGB 2000-15, 54 Zachary Lane, Proposed remedial activities - install infiltrator basins and sod and remove asphalt. William Bergeron, Hayes Engineering, was present for the applicant. This filing was made due to the noncompliance of the original order. He reviewed the 25' ZNV and the replication plantings to restore it. Due to the expiration of the original order the Commission wanted a new Notice of Intent to address the mitigation measures. The work is as follows: (1) removal of pavement along the retaining wall the entire length of the driveway and install stone; (2) rip-rap wall along the westerly portion of the site. There is current evidence of soils washing through the wall. They have worked on trying to retrofit the wall to bring it into compliance by [1] removing the mulch along the top of the wall and installing sod; [2] at the toe of the rip-rap install a slope to catch the run-off and also a stone trench to direct the run-off. The Chair noted the narrative accompanying the Notice of Intent does no address the construction or fixing of the wall. The Administrator asked what is the existing disturbance? Is it the 25'ZNV or the disturbed area with the violation? Mr. Bergeron was not able to respond. Mark Gillis asked if the work would further impact the resource area. Mr. Bergeron stated it did not change. Administrator noted that previous violation occurred past the limit of work line. The Chair read the site visit notes of 2-27-00 into the record. Bethann Matathia stated she would like to see the silt fence as approved in the original order reflected in the field and shown on the current plan. The Chair reported Mr. Kenney recommended the propane tank be moved. The Commission discussed the issue of whether or not the plan addressed the compliance required. Would the Commission have approved the wall in its current condition if it had been requested in advance? If not, then the Commission should not approve the wall as shown. The entire Commission stated that their position was to not approve the wall as shown. Mr. Bergeron requested a continuance to address the wall. At the request of the applicant, a motion was made and seconded to continue the Public Hearing to May 17, 2000 at 8:30 PM, with no further notice to abutters. Vote: 4-0-0. Old/New Business: Plan Change - DEP 270-295, RGB 1997-26, Lot 8, 39 Sunset Rock Lane. William Bergeron, Hayes Engineering, described the proposed plan change and stated the footprint had shrunk and was smaller than approved and moved further away from the BVW. The Chair read the Order of Conditions language regarding the restrictions on Lot 8. Bethann Matathia noted the approved house size was 1820 square feet and the new house size is 1832 square feet and would not be smaller. The Chair stated she felt the addition of the patio would be a significant change. Mr. Bergeron asked whether the Commission would consider the other changes approvable. Mark Gillis moved, and it was seconded, that the Commission finds the Amended Plan Change, that is, eliminating the open brick patio from the plan change, that the other plan changes are insignificant. Vote: 4-0-0. _ 6 The Administrator asked that the Commission review the policy regarding plan changes when an applicant shrinks the impervious area and work remains in the same location. ` Do they still want it to come before them as a plan change? After discussion the Commission felt it did. 10:00 PM - Public Hearing - DEP 270-xxx, RGB 2000-18 - Lot 2, 24 Cory Lane, Proposed Construction of Single Family House. Jim Kavanaugh was present representing the applicant. This filing is necessitated due to the expiration of the Superseding Order of Conditions issued by DEP. The house is in the same location and size. The driveway has moved to the northeast. A retaining wall between Lots 2 and 3 was removed and the contours on that side of the house have changed. A deck and stairs have been added which were not on the original plan. The Administrator said the driveway has been reduced at her request. Mr. Kavanaugh requested an extension to May 3, 2000 at 9:30 pm to provide additional information. Motion was made and seconded to continue the Public Hearing until May 3, 2000 at 9:30 PM. Vote: 4-0-0. Miscellaneous - the Chair asked permission of the Commission that she be allowed to submit written comments on its behalf for the PIP process regarding the four Tier lA sites in Wilmington and North Reading along the Ipswich River. She updated the Commission on the PIP plan and the public information sessions that had been held. MSM was required by a filing with this Commission to submit copies of all reports to and comments from DEP to the Reading Conservation Commission. This has not happened. There have apparently also been additional monitoring wells installed by successors to GE that were. not permitted. Requested the Administrator to send notices and $100 fines to these companies. Motion was made and seconded that the Chair be authorized to send a written response to the PIP plans. Vote: 4-0-0. Old/New Business: Motion was made and seconded that the Conservation Commission decline the right of first refusal for the Town of Reading to acquire Spence Farm pursuant to Chapter 61A. Vote: 4-0-0. Issuance of Order of Conditions - DEP 270-334, RGB 2000-10, 292 Grove Street, Meadow Brook Golf Club. The Draft Order of Conditions was reviewed and amended. Motion was made to approve and issue the Order of Conditions as amended. Vote: 4-0-0. The Administrator reminded the Commission that the terms for Nancy Eaton and Mark Gillis are expiring and they may reapply for three-year terms. There is also an unfilled one-year term unfilled. P & S Convenient Mart. The Commission discussed and authorized the Administrator to issue a violation notice to the State regarding improper site work in conjunction with the Route 129 project. Minor_ Projects - The _Commission approved the Administrator's Sign-offs at 33 Ash Street, 50 Benton Circle, 20 Fox Run Lane and 23 Brook Street. 7 The Administrator reviewed violations at 41 Batchelder Road, 75 Oak Street, 637 Haverhill Street and 225 South Street. Executive Session: Mark Gillis moved and Vincent Falcione seconded a motion that the Commission go into Executive Session to discuss litigation regarding 38 Cross Street and 1090-1100 Main Street, to return to Open Session at the conclusion. Roll Call Vote: Vincent Falcione, yes; Mark Gillis, yes; Nancy Eaton, yes; Bethann Matathia, yes. (See separate minutes for Executive Session.) Old/New Business: The Commission reviewed the Spring Town Meeting Warrant and decided no votes were necessary. Adjournment. There being no further business to come before the Commission, upon motion duly made and seconded, the meeting was adjourned at 11:00 PM. Respectfully submitted, Nancy L E n, Chair, from notes of the Administrator