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HomeMy WebLinkAbout2000-03-01 Conservation Commission MinutesREADING CONSERVATION COMMISSION Minutes of Wednesday, March 1, 2000 Town Hall Selectmen's Meeting Room Present: Chair, Nancy Eaton, Members Bethann Matathia, William Finch, Vincent Falcione, Ronald Tanner, Mark Gillis, Lucky Hulse (7:40 PM) and Conservation Administrator Karen DeFrancesco Notified Absent: Consultant Leo Kenney. No Recording Secretary. 7:14 PM Discussion - DEP 270-322, RGB 1999-24, Lot 3, Timothy's Place, Amended Plans and Land Donation - 379 Haverhill Street. Jack Rivers was present and discussed donation of the rear portion of Lot 3, all but 44,000 square feet needed for zoning requirements of Lot 3 and a requested Amended order for Lot 3. He proposed a wall running from 0-3' in height across the rear of the property that would involve 1522 square feet of Bordering Vegetated Wetland (BVW) filling and would expect the Commission to do their own replication for the filling. The wall would then become the separation between upland and the BVW line. The town would also abandon any rights in the right of way (ROW) that it has on the 12' ROW from Haverhill Street through Lot 3. The Chair stated at first glance the land donation is terrific but was opposed to trading land for regulatory requirements: The proposed wall is either right on the BVW line or within the wetlands. The house corner as now is proposed is 21 feet from the wetlands and does not meet the regulatory 25' minimum. Mr. Falcione stated when Rivers was before us, you stated you would probably want to donate a portion of the land in Lot 3. Now the proposal seems to be: approve what I want or there will be no land donation. The letter from Mr. Rivers dated November 16, 1999 was circulated to refresh individual memories. The Commission did not view this letter as proposing a trade-off for a land donation. Bethann Matathia said she would consider it, however, in reviewing all projects, she likes to see a 25' Zone of Natural Vegetation (ZNV) and cannot change that based on a land donation. Mr. Rivers stated he understood and never meant that. Mr. Finch stated the original plans showed a constructable project and the Commission cannot now go back and approve a project with greater wetland impact. Mr. Gillis said the Commission had told the Town Manager regarding the proposed landfill project that we don't offer advisory opinions. We don't know any of the specifics and we generally abide by the regulations and that Mr. Rivers should know that from past experience before the Commission. Mr. Tanner stated if we go against the regulations for this project we'd have to look at doing it for all projects. Mr. Falcione asked why he needed to do the filling and whether it was for a larger back yard. Mr. Rivers said it would provide a landscaped yard as opposed to a zone of natural vegetation. Mr. Rivers then said he did not see the need to pursue a Town Meeting warrant article for a land donation. 2 7:35 PM Public Hearing - DEP 270-XXX, RGB 2000-10,292 Grove Street, Meadow Brook Golf Club - Proposed Immediate Response Action. Keith Johnson of Haley & Aldrich represented the applicant and Martin Miasserian, President of the golf club was also present. Mr. Johnson stated there was a leak from an underground storage tank (UST) that has impacted groundwater and soil and impacted private wells with VOCs and petroleum hydrocarbons. The private well has been shut down. The purpose of the filing is to fulfill the requirements of the Immediate Response Action and the removal of 100 cubic yards of soil, which will be sent to a recycling facility. Contaminated ground water will be pumped into a tank and removed by Clean Harbors. An above-ground storage tank (AST) has already replaced the UST. They would like to place a concrete pad under that as an added safety device during refueling operations. The Chair noted the Notice of Intent (NOI) states that there will be 750 square feet of BVW altered with replication. Mr. Johnson stated no work is proposed in the wetlands and he reviewed the filings from December of 1998 and February of 1999 that had been sent to DEP. He also clarified that in a phone call with DEP today he was told the site will be classified as a Tier 113 and not a 1C. Mr. Johnson said this was not a sole source aquifer and the designation is made by DEP. He stated there are no rare species habitats. The Chair disputed that and felt it was within the 500' of such habitat. At the 1-12-00 DEP site visit VOC samples were taken in MW 1-5. Mr. Gillis asked if there were any reports from that visit, but none were submitted. The groundwater levels right now show no gradient and it is flat and stable. The irrigation wells are only used between June 1St and September 30th. Johnson stated they have taken samples of the well field and no contamination was found in September of 1999. Irrigation wells tested fine. They are not proposing an air sparging system right now nor the other alternatives denied by DEP. The sequence of the work will be to remove soils and any groundwater encountered and take 9 samples. The soils from 0-6 feet will be stripped and saved to reinstall. Soils between 6-12 feet will be removed off site to a company in Loudon, NH. They will take confirmatory samples in the excavation to test for contaminant levels and remove as much as possible without collapsing the building. Mr. Johnson does not anticipate a greater amount than the 750 square feet being removed. The standard will be S-1 that coincides with safe drinking water. The hole will be filled with crushed stone and topped with the saved soils and graded to existing conditions and revegetated. The samples will be taken from the sides of the excavation and not the bottom as it is rock. PVC pipe in the excavation hole will be used to gather samples and can also be used to pump and treat if further action is required. The process for treating groundwater is the water is filtered through a carbon unit, which eats the petroleum hydrocarbons and clean water exits. That water will be tested before released to ensure it is clean. A stilling basin will be used. A tracked backhoe will be used. There will be QA/QC to check for accuracy in lab tests. Discussed a lip on the concrete pad to prevent any spills from running off. Greens Superintendent Randy Pickersgill oversees the refueling and said any spills would be absorbed with kitty litter. Mr. Tanner asked how that material was disposed of and was told they've never had to do that. Applicant stated the tank was leak checked every year. DEP number has not been received and no letter has been received from Natural Heritage. Mr. Finch inquired whether the delineation still needed to be done or could the order be conditioned that they would have to come back for plan changes or new NOI if additional work was necessary. Jack Wilson of Kieran Road asked if the tank was not leaking why was it removed? There is a DEP deadline to remove all USTs that were not double walled. Mr. Johnson said gasoline floats and does not penetrate the bedrock but runs along it. They will test the perimeter of the excavation to decide whether the fuel has migrated. Debbie Powers of 256 Grove Street was concerned about the potential for her property being impacted. Mr. Johnson stated it was negligible and stated the monitoring wells showed the fuel was contained within the excavation area. While the water is flat now, when active, it flows towards the pond, not her property. The monitoring wells will stay in place for assessment purposes. Mr. Johnson said he would send copies of all materials sent to DEP or received from DEP for the office file. Vincent Falcione moved and Mark Gillis seconded a motion to continue the Public Hearing until March 15, 2000 at 8:00 PM. Vote: 6-0-0. 8:30 PM - Public Hearing - DEP 270-XXX, RGB 2000-08, 268 Franklin Street - proposed construction of single family house, garage, driveways and roadway. Applicant has requested a continuance. The filing does not indicate the applicant has filed with Natural Heritage. There is a vernal pool adjacent to this property. According to Natural Heritage staff, the highest observable water level is the limit of the vernal pool. Vincent Falcione moved and Will Finch seconded a motion to continue the Public Hearing to April 5, 2000 at 8:00 pm at the request of the applicant with no further notice to abutters. Vote: 6-0-0. 8:35 PM - Continued Public Hearing - DEP 270-331, RGB 2000-04 101 Willow Street, Austin Prep School. Mr. Gillis stated he would be abstaining from participating in this project as Mr. Lamond of Latham, Latham & Lamond is opposing counsel in a legal matter that he is counsel. Attorney Brad Latham said the plans do not state the type of roofing material but it will be changed to a rubber membrane roof as they could not get a decision from DEP whether the metal roof they proposed would require treatment of one inch of rainfall under the stormwater management policy. Steve Reisland, PE, stated the plans showed changes due to the previous meeting. At the outlet stone was changed from 4" to 6". They added an observation manhole with sump from the roof runoff with a hood or tee. 0o p ain lines and water quality swales were added on both sides of the storage area. 4 A gate and fence will be added by the water quality swale to protect the outlet structure by the vernal pool. A note will be added that it shall be waterproof. As a result of the borings, they found it was better to move the structure as close to Willow Street. The new plans submitted tonight show the structure 4' distance to the manhole from the vernal pool. Mr. Falcione inquired how big the hole would be. It will be 6' in diameter and some shrubs will need to be removed but no trees. It will be just off the roadway. There is clean gravel down five feet. Eaton inquired about elevations. She reported that Leo Kenney checked with Matt Burne, the Vernal Pool ecologist at NHESP and the edge of the pool definition is the highest observable height. Based on that definition, what is the vernal pool elevation? Mr. Reisland explained that the pipe in the driveway would allow water to be at 189.1 before flowing to north wetland. Currently the headwall is silted up to about 190. The Willow Street catchbasin is at 191.90. The proposed new weir structure will be 191.2 at the weir elevation. Existing ground elevation of vernal pool is 189.8. With pipe being cleaned and maintained at driveway, it will empty out at 189.2. He stated the pipe under the driveway will not function during the 100 year storm event. As proposed, the weir will only operate in extreme storm events. Mr. Falcione asked about the gate for maintenance of the swale. Rich Albano stated the Operation and Maintenance Plan was revised as of March 2000. They were reminded we did not like to get new material at the hearing and that it should be submitted early enough so we can review it before the meeting. At the request of CPDC they have added driveway culvert sections for maintenance in their revisions at page 5. Page 6, Section 4.2.5, removed, changing roofing material. They submitted a changed sheet 5 of 7 with a different weir structure pipe distance of 6' to 4'; a revised Operations and Maintenance Plan, 4.2.1 - driveway culverts - maintained during low flow (no flow) conditions; submitted perc test letter dated 2-25-00. Weir would be within the ROW of roadway and town will be responsible for cleaning. Mr. Finch stated a level spreader elevation of 191.5 will keep the water in the vernal pool and contradicts what the engineer said earlier, that flow would occur at 189.2, meaning the weir would function more frequently than stated. Tony Guarciariello of 84 Willow Street said he was concerned about restoring the two catchbasins and the elevations of pipe at 189.2. Level spreader elevation is 191.5 meaning the flow to the north would not occur before 191.5. He asked whether the operations and maintenance plan meets the DEP stormwater policy. Vincent Falcione moved to close the Public Hearing, seconded by William Finch. Vote: 5-0-1, Mr. Gillis abstaining. Bethann Matathia moved and William Finch seconded a motion to approve and issue and Order of Conditions as submitted on plan dated November 1999, last revised, March 1, 2000 with the following conditions: new plans will be submitted showing haybales by weir, timing of the weir installation and new catchbasins and culvert at the bottom of the driveway done at low flow conditions but - other work can start after appeal period. Administrator will draft order to be voted at the 5 next meeting. Vote: 5-0-1, Mr. Gillis abstaining.. The Chair thanked the applicants for being cooperative and developing a much better plan for everyone. Mr. Finch reported he had visited the beaver dam by the railroad tracks and seen the beaver at the lodge on the upstream side of the dam. 9:00 PM Public Meeting - RGB 2000-07 Amtrak Right of Way Maintenance was postponed pending arrival of applicant's representative. 9:30 PM Continued Public Hearing - DEP 270-322, RGB 1999-41 1090-1100 Main Street - Proposed greenhouse construction and pond cleaning and dredging. The Administrator stated that the issue of disputed fees had been settled and submitted tonight: $200 to the Town of Reading for WPA delineation; $72.50 under the Local Bylaw for the greenhouse and a copy of the $200 delineation share to the Commonwealth of Massachusetts. Although the Public Hearing was technically opened, at least under the local Bylaw on December 15th, this is the first hearing under the Wetlands Protection Act (WPA). Attorney Mark Favaloro, representing Thomas Goddard; Trustee and applicant, agreed with the Chair that all the information submitted and discussed at the December hearing should be submitted and entered tonight under the WPA. Favaloro stated the only intent is to dredge the pond, not to enlarge it and that they claim an agricultural exemption for the greenhouse pursuant to Section 10.04 C(1)C- Construction of Greenhouse, 4,000 square feet or less located in land in agricultural use or BVW Buffer Zone that is not Land in Agricultural Use is exempt. The Bylaw defers to the WPA on agricultural issues and if the greenhouse is exempt under WPA, it is exempt under both. Colin Johannon, Engineer for the applicant, proposed erosion controls from CRL 7 to CRL 22 and beyond. During pond maintenance, there will be a u-shaped placement of haybales for dewatering, which will eliminate suspending of solids. Equipment will be operated on mats to minimize soil disturbance. The Administrator stated she had discussed the issues with Dan Lenthall, DEP and Town Counsel. Since the pond is land in agricultural use - applicant uses it for agricultural watering - then dredging, but no enlarging, would be considered an exempt activity pursuant to CMR 10.04 (b) (7). The Chair said she saw the filing as three distinct activities: (1) pond maintenance, (2) construction of the greenhouse, and (3) restoration of the areas converted in violation. With respect to (1) Pond Maintenance, Colin Johannon stated trucks would remain on the southerly side and backhoe would reach in to minimize disturbance. The work will be contracted out and not done by employees. Mrs. Matathia thought it was wise to have the Administrator be present to observe the work and the Chair asked if any other supervisor would be present. Favaloro stated Tom Goddard would be present and would be agreeable to have the Administrator do periodic inspections. Mr. Johannon described how the work would be done. The Commission was mainly interested in erosion controls, dewatering and stabilization after work was complete. The Chair stated the only issue if pond dredging is an exempt activity is how to control siltation. 6 Mark Gillis moved and Bethann Matathia seconded a motion that the Commission finds that the proposed pond dredging is an exempt activity as long as the recommended siltation devices are used and the soils are immediately trucked off site. Vote: 6-0-0. (3) Restoration. The Chair presented an overlay of the 1994 wetland delineation plan for flag CRL51 to 56 showing the wetlands extend much further than currently proposed, almost up to the 97 contour. The Commission discussed the area looking at the 1994 overlayed plan on the January 1999 plan. Mr. Gillis inquired why the applicant was only proposing limited replication. Mr. Favaloro stated that was due to limited space on site. The Chair noted that when Dan Lenthall was present during a joint site inspection he stated there were hydric soils in the area which is between contour 96 and 97. The applicant and his attorney agreed in the stipulation in the first court matter no to touch these areas before doing a filing. The Chair read the August 1998 stipulation for the Commission. Mr. Gillis asked whether the applicant takes the position at the time there was not a binding wetland line. Favaloro responded their position was there wasn't. The Chair pointed out there was a binding wetland line determined under a previous Order of Conditions for 1100 Main Street by a then different owner. The Chair also noted in December 1998 a Request for Determination was filed, a meeting was opened, Mr. Favaloro and his client Tom Goddard requested a continuance to prepare more information and did not appear for the continued meeting. The Commission at that time issued a Positive Determination based on the information that had been provided up to that time and Mr. Goddard did not file an appeal to that decision. The Administrator stated the Magistrate at the Woburn District Court had found that Mr. Goddard should pay the $100 fine for his violation. It was not paid and a criminal complaint was filed at Woburn for nonpayment of all fines and is scheduled for March 16th. After the Magistrate's hearing, The Chair, Town Counsel, Mr. Favaloro and the Administrator discussed the area that should be covered in a filing for restoration. No information was submitted contesting the 1994 wetland line. The Commission under this filing must determine the location of the wetland line and discussed that issue. They reviewed site notes from 2-13-00 and decided to move flag 9T and 10 ten feet westerly. Also, wetland area on south side of driveway on 1100 Main Street must be delineated. Notes from 2-13-00 site notes are not specific with distances but used sprinkler heads as field delineators, however, those could have been moved. They recommended the Administrator measure those in the field or use Mr. Lenthall's plan, drawn on the 1994 Marchionda plan. Mr. Favaloro stated the real issue with regards to time is the installation of the greenhouse as his busy season is starting and wants to get that work completed before there is no time. He said he was willing to sign a continuance with respect to the restoration area but not the greenhouse. Commission discussed inability to decide part of the filing and continue the rest. 7 (2) Greenhouse. The Chair read DEP's letter assigning the file number, which states that the greenhouse is too close to the wetland boundary and should be moved southwest. She inquired how the greenhouse would be constructed, how siltation would be controlled and how the applicant would ensure no alteration of the Bordering Vegetated Wetland (BVW). She stated 1100 Main Street has never been land in agricultural use or put into production and thus could not be exempt. Town Counsel advised that this is no an exempt activity since the land is no presently and primarily land in agricultural use. The Chair emphasized that we have a minimum 25' Zone of Natural Vegetation requirement under the local bylaw and the proposed project does not meet that distance. Mr. Favaloro stated because of space limitations it is an issue and they could perhaps move it 5 feet but not 25 feet. Mr. Falcione inquired since there was a delineation disagreement in this area whether that should be resolved first. Mr. Favaloro said there is not room to pull back the greenhouse, hoewver, could move it 10 feet as stated in the site notes. Mrs. Matathia inquired about the length of time the greenhouse would be covered. Mr. Johannon said it will only be covered three months of the year. The greenhouse is presently on 1090 and will be relocated to 1100 Main Street. On the plan the greenhouses look smaller and it is not drawn to scale. The Commission discussed the statement the plan was not drawn to scale and there is no note to that effect. Commissioners inquired if the greenhouse is being relocated, why couldn't it stay where it is currently located and still be available for the spring busy season? Martin Schmidt, 78 Ashley Place was sworn in. He is a direct abutter to 1100 Main Street and has lived there since December of 1995, stated the area in contention was wetlands and converted to a grass area had been cut over the years. He asked how it could be land in agricultural use if it abuts residential development. Harold Hulse said he had an issue with the accuracy of the plans that says the scale is 1 "=20' when all the things on it are not drawn to that scale. The Administrator noted the reference to the Reading sewer base was inaccurate and it should be 105.65. Mr. Johannon stated he was using USGS but he used a different base and this is the conversion number he used to get to the Reading sewer base. Bylaw only allows USGS or Reading sewer base. The Commission discussed whether sufficient accurate information was available to make a decision. Mrs. Matathia stated she would like to be able to measure in the fieldl but if we cannot, we should use the Dan Lenthall wetland line plan, dated 1998, that shows the 1994 wetlands line. Mark Gillis moved to close the Public Hearing and it was seconded. Vote: 6-0-0. The Chair outlined the issues to be decided: (1) determine and set a wetland line on 1100 Main Street, per the 2-13-00 site notes on Plan dated January 1999, revised 1-13-00, except to move flag CRL 9 T, 10 and 11 ten feet westerly. Set wetland line at flag CRL - 50 and then move CRL 51 = 60' westerly and CRL 52 90' westerly and continue CRL 53 and 54 in line with CRL 52 southerly to property line with 1090 Main Street; (2) replication of the area shown on the Lenthall plan and whether to extend it northerly to pavement of 1100 Main Street driveway westerly to flag CRL 50 and southerly to property boundary at CRL 69. Replication would be required due to the fact that he has disturbed areas that he agreed not to in the stipulation dated August 1998; (3) decide on placement of greenhouse, approve it as set forth by amendment to the plan as agreed to by counsel tonight, or not allow the agricultural expansion. Mr. Hulse told Commission it has the authority to have the site returned to its original condition if there is an after the fact plan change. Mrs. Matathia moved that the Commission, based on the site visit notes dated 2-13-2000 for the wetland delineation, deny the installation of a greenhouse as shown on plan dated January 1999 and revised 1-13-00. The order should contain a finding for each condition, determine two wetland lines and require replication at 1090 and 1100 Main Street. Motion was seconded. Vote: 6-0-0. 11:15 PM - Public Meeting - RGB 2000-07 Amtrak Right of Way Maintenance. Wayne Duffet, TEC stated they chose herbicides that DEP approved for sensitive areas. There are 8 or 9 approved for use in sensitive areas but the railroad only uses 3 or 4 of those. Round-up Pro is used exclusively or with arsenalt and oust. This delineation is for the new five-year operational vegetation maintenance plan. Commissioners discussed the storage of railroad ties in wetlands off Willow Street. Mr. Duffet will coordinate with the administrator. He explained why herbicide spraying is important and the procedure inspectors use to spot defects in the track before it becomes a hazard. Motion was made and seconded to close the Public Meeting. Vote: 5-0-1, Will Finch abstaining as his brother works for Amtrak. Motion was made and seconded to issue a Negative Determination pursuant to Section 10.03 6 (b)(b). Vote: 5-0-1, Will Finch abstaining. Old/New Business - the Administrator noted the ENF MEPA meeting for Addison Wesley is scheduled for March 6, 2000. There is a small wetland with drainage emptying into it. The applicant proposes a decrease in impervious area. Commissioners should submit comments to the administrator who will either attend and/or submit written comments though the Town Manager. DEP 270-291, RGB 1997-01450 Haverhill Street - Mark Gillis moved and Will Finch seconded a motion to extend the expiration date of the Order of Conditions from March 5, 2000 to March 5, 2001. Vote: 6-0-0. The Health Fair will be held on March 9th from 4-7 pm. Anyone available to staff the Conservation table should notify the administrator. The first meeting of the legal consulting committee will be held on March 9th Motion to adjourn was made and seconded at 12:10 PM. Vote: 6-0-0.