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HomeMy WebLinkAbout2000-01-19 Conservation Commission MinutesREADING CONSERVATION COMMISSION - Minutes of Wednesday, January 19, 2000 Town Hall Selectmen's Meeting Room Present: Chair, Nancy Eaton, Members Bethann Matathia, William Finch, Vincent Falcione, Ronald Tanner, Conservation Administrator Karen DeFrancesco Notified Absent: Mark Gillis, Consultants Harold Hulse and Leo Kenney 7:15 PM Discussion - Route 129 Project Plan Change, P & S Convenience Store Parking Lot. The Chair explained to owner Gary Buonorosa that work at his property was not included in the Route 129 filing and that was the reason for issuing the cease and desist and the notice of violation. The Commission understands he did not do the work himself but as property owner, he is jointly responsible. She stated there was another violation by this contractor at the other end of Route 129. Riverfront regulations became effective after the issuance of this Request for Determination and since the bulk of the work has been completed, the Commission must deal with an after-the-fact approval. The Chair explained the standard 25' Zone of Natural Vegetation. During Commission's site inspection, they noted clearing within the resource area in the back yard and explained the importance of making the habitat better than it was before the work. Mr. Buonorosa asked if we thought the work was an improvement and the Chair stated some was an improvement and some was not. While sheet flow from Lowell Street is no longer an issue with the curbing, there is sheet flow and pitching of the parking area to the right side of the store, which is not better. Mr. Buonorosa agreed that as long as he could park two cars to the right of the store he would agree to pull back the prior pavement to add a buffer before the river. He also inquired why he couldn't cut the grass in the back. Chair stated that had not been decided and that the standard was 25' Zone of Natural Vegetation between yard areas and wetlands. Commission discussed grading issues on the left side of the house/store. Mr. Buonorosa said a guardrail was proposed due to the steepness of the slope for safety issues. Originally a retaining wall was proposed. Mrs. Matathia suggested having D & R back in to explain their activity on the left side. The Chair suggested making separate decisions for each area. Administrator was directed to send a notice to the state contractor not to do any work to the left side of the building; i.e., guardrail, retaining wall, riprap or slope improvement until they come before the Commission with plans. With regard to the back yard, the Chair recommended Commission do an unofficial delineation for BVW in the spring, that the Commission maintain a 25' Zone of Natural Vegetation along the river and that the Commission visit in the spring to make a decision on those issues. Reading Conservation Commission Minutes of 1/19/00 Page 2 MOTION was made and seconded to approve a Plan Change to pave a 10 x 20 foot section to the right side and not allow work on the left side until contractor submits plans. Vote: 5-0-0. 7:30 Continued Public Hearing DEP 270-xxx, RGB #1999-41. Motion was made and seconded that the Continued Public Hearing be continued to February 2, 2000 at 8:30 PM at the request of the application, no further notice to abutters. Vote: 5-0-0. Cory Lane RGB 1999-15. Bethann Matathia MOVED and motion was seconded to issue an extension of the Order of Conditions from 10-27-99 to 10-27-2000. Vote: 5-0. Jim Kavanaugh requested the Commission issue a Partial Certificate of Compliance. He stated he had completed the housekeeping issues but that stabilization of soils still needs to be done. Motion was made by Bethann Matathia and seconded to issue a Partial Certificate of Compliance for DEP 270-319, RGB 1995-34, Lot 3 Cory Lane, for the structure only with ongoing conditions and stabilization to be done in the spring. Vote: 5-0-0. Plan Change - Lot 4. Mr. Kavanaugh explained the new grading was necessary to meet existing grades. Mr. Finocchio stated drainage will still function as originally proposed. Discussed a four foot wall would require a footing. Discussed a 1-2' high wall at the 100' buffer rising to 2-4' at the rear. It would be a constructed stone wall and loose fitting. Administrator requested details for the walls. Applicant has added stairs and walkways that results in an increase of impervious area from that on the approved plan. Discussed how to handle the issues under the state and the local bylaw. Motion was made by William Finch, seconded by Vincent Falcione, to approve the Plan Change and the applicant will submit wall details to the administrator. Vote: 5-0-0. 8:15 PM Continued Public Hearing - DEP 270-329, RGB 31999-42 Harvest Road, Lot 198. Present: Scott Consaul, attorney, William Bergeron, engineer, Dorothy Jones, applicant, and her nephew. Mr. Consaul reviewed the proceedings before the Zoning Board of Appeals and the ANR plan. Mr. Bergeron presented the plan and asked the Commission condition the order for lots to be ANR'd together. Soils were not done. Proposed construction is slab on grade. The Chair asked how Mr. Bergeron would handle Riverfront regulations, with proposed work 10' from top of bank and no zone of natural vegetation. Mr. Bergeron said they would request a waiver otherwise the lot would be made nonbuildable. Chair suggested it could be a very skinny house. Bethann Matathia raised questions about the BVW and Riverfront lines and the Chair questioned the accuracy of tree placement on the plan and w„ referred to Site Visit notes. On site a tree with roots extending into the footprint of the building is not shown on the plans to be removed. Mrs. Matathia emphasized the issue Reading Conservation Commission Minutes of 1/19/00 Page 3 of tree removal along the bank and subsequent erosion was raised at the previous meeting and not addressed in the filing. Applicant stated house will be 35' tall. Chair stated that all the canopy of older trees would be lost and that would alter the shading and temperature of the resource area. She explained the different issues needed to be addressed under the state regulations and the local bylaw and regulations. Mr. Bergeron suggested the house would provide the shade. The Chair inquired about the drainage easement with proximity to the proposed structure. Commission entered buffer zone documents into the record. Chair entered A Guide on Soil and Water Management for Local Officials. Quad sheet was entered into the record at the previous meeting. Mr. Consaul inquired if there were specific items in the referenced documents. Administrator stated no soils information was submitted, the BVW line was not agreed to, no waiver requests submitted, no ANR plan, so submitted plan is not accurate nor is the NOI which states lot was created before 1996. Applicant has not addressed the scope of alternatives in Section 10.58. Christine LeVeff, Line Road stated she owned a double lot Map 79, Lots 50 and 51 and 32 and 49 in the 1960s and sold Lots 50 and 51. Chair asked how project meets the second part of the alternatives analysis of no significant impact to the resource areas. Mr. Bergeron stated the house was the smallest they could make it. She inquired about the 10% or 5,000 square feet if recorded before 1996. If lot is recorded after 1996, limit is 10% of riverfront area. Mr. Bergeron said the two lots were recorded prior to 1996 and he could revise the plans to show it as two lots. Discussion was held about recording of lots and the ZBA decision. Subdivision of this area took place in 1921. The Chair read the standards for the 25' Riverfront and how the corridor should be maintained to the greatest extent possible. Attorney Consaul asked if the Commission was requesting additional information. Chair read the standards and asked how the applicant planned to meet them. Attorney Consaul said they had sized the house and its impact to be as small as possible. He stated he would request a setback waiver from ZBA. Paul McDonald, 39 Line Road, Map 79, Lot 50 inquired about soils and the height of the house since most houses in the area are only 15' high. He stated ZBA had denied a house with a second story due to surrounding neighborhood. Mike Ahern, 43 Line Road, stated he walks through the lot with his dog and cannot understand how a foundation can go in without disturbing the riverbank. Christine Lavach, 33 Line Road ask what would happen on the lot by Track Road. Mr. Bergeron said it would be left in its natural state. She asked if owner will be living there or selling it. Attorney Consaul said it was not - -relevant but she may sell. Chair asked if owner had approached abutters to sell the land - - - to them. Mrs. Jones said she had originally but not since the ZBA decision. She stated Reading Conservation Commission Minutes of 1/19/00 Page 4 her life is in disarray due to family health issues. Mr. Finch and Mr. Falcione said they did not see how they could approve the plan as presented. Chair stated since the Commission does not agree with the proposed wetland or riverfront line, that the applicant may want to provide information to support their position. Motion by Vincent Falcione to continue the hearing to February 2, 2000 at 9:00 PM at the request of the applicant with no further notice to abutters; seconded. Vote: 5-0. 9:45 PM - Certificate of Compliance, Lot 19, Carriage Estates II, 54 Zachary Lane. Chair expressed concern regarding all the changes that have taken place without approval. She inquired if Hayes had overseen the project. Mr. Bergeron said they had had no involvement since they staked the foundation footprint. He described the changes, the riprap/retaining wall and the violation restoration plantings. Commission stated the order had expired and they could not issue a Certificate of Compliance. Requested Mr. Fantasia attend a meeting to discuss changes, mitigation for additional impervious area (propane tank concrete pad and wall). MOTION was made and seconded that the Administrator send a violation notice to Mr. Fantasia. Vote: 5-0. Notify building inspector we would not sign off on Certificate of Occupancy. Old/New Business. Mr. Finch MOVED that the Commission approve the Draft 1999 Annual Report as amended. Vote: 5-0-0. Chair spoke with the Town Manager about the beaver petition (270 Lowell Street). He will wri te a response but welcomed Commission input. Maillet, Morgan and Somes Conservation Area provides 18 acres of flood storage capacity and for buffer. Upstream Higgins and Pitman provide an additional 10 acres and downstream 12 acres at Linnea Thelin Conservation Area. There are 43 acres of conservation land abutting and surrounding this branch of the Aberjona. The town has already considerably protected this area. Chair said she spoke with Town Manager about getting engineering services for surveying. He asked that we prioritize where we need it and he would see what he could arrange. In area of Maillet we need to know where the Town's boundaries are to judge whether higher water levels have an impact on private property. Town could proceed with a filing for drainage maintenance. If the problem gets worse, then they could deal with it. After February Town would need special permit to trap beaver from state and Commission could deal with Town filing simultaneously. Chair said we could hold an emergency meeting that did not require 48 hours notice if changed conditions warranted. She requested copies of our site visit notes of November 20 and 28 be forwarded to the town manager. Leo Kenney felt a permit for trapping was needed from the Commission under the local bylaw. Issues: Where are the wetlands? If it is BVW, even on private property, it is still wetlands. With engineering assistance, Commission can delineate line. Where does Reading Conservation Commission Minutes of 1/19/00 Page 5 town property end and private property begin? Administrator will provide copies of beaver booklets to Mrs. Matathia, Mr. Tanner and Mr. Falcione. Commission agreed to try a table at the Health Fair (Hawkes Field House) on March 9, 2000. Commission requested administrator to contact the Fire Chief and Rick Tomczyk about the Meadow Brook Golf Club contamination and cleanup. Mr. Finch stated the four Tier lA sites in North Reading and Wilmington have been approved to be Public Involvement Plan sites (PIP). The state is the responsible party for Sterling. Eric's Greenhouse. Commission directed administrator to send a letter to Mr. Goddard about removing plants from the BVW. Chair stated she and the Administrator would be at Woburn District Court on the issue of unpaid fines. 10:55 PM Adjournment. Mr. Falcione MOVED, motion seconded, that the meeting be adjourned at 10:55 PM. Vote: 5-0-0. Respectfully submitted, Nancy L. Eaton, Chair, from notes of Karen DeFrancesco, Administrator