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Home My WebLink About1999-12-15 Conservation Commission MinutesREADING CONSERVATION COMMISSION Minutes of Wednesday, December 15, 1999 Town Hall Selectmen's, Meeting PRESENT: Chair Nancy Eaton, Members, Bethann Matathia, Vincent Falcione, Ronald Tanner, Consultant Leo Kenney, Conservation Administrator Karen DeFrancesco and Recording Secretary Joy Mohr ABSENT: Mark Gillis, William Finch, Consultant, Harold "Lucky" Hulse 7:10 PM Violation on Rt. 129 Construction at P & S Convenience Store Town Manager Peter Hechenbleikner and Town Engineer Joseph Delaney represented the Town of Reading. The Conservation Commission was concerned with the runoff from the repaving of the P & S parking lot flowing into the Aberjona River. The Aberjona River abuts the rear of this property. Leo Kenney said the area has no berming. Vincent Falcione asked where the area would drain. Nancy Eaton stated that this part of the construction project was not filed for. There were 3 or 4 flagged areas around Rt. 129 that were issued a negative determination, Peter Hechenbleikner said they have installed hay bales and a silt fence to contain debris. The paving of the area to the left of the building will not be any closer to the wetland. The curbing will keep the overflow from adding to the river. He also stated that they have 2 days to finish this project. They need to complete this project before it snows so that the area can be plowed properly. The Commission was concerned with the parking, particularly the area between the P & S building and Intervale Terrace. They asked that the parking lot be paved only to the right corner of the building. Then add crushed stone with hay bales, in front of the stone, to keep people from parking there. On a motion by Bethann Matathia, seconded by Vincent Falcione, the Reading Conservation Commission voted to amend the negative determination of February 23, 1996, to approve the plan submitted on December 15, 1999, and that the pavement will end at the southeast corner of the building. Voted: 4-0-0 Town Manager Peter Hechenbleikner stated, as of the closing today, the Town is now the proud owners of Marion Woods. 7:55 PM On a motion by Vincent Falcione, seconded by Ronald Tanner, the Reading Conservation Commission voted to the accept the minutes of November 17, 1999 with the changes as amended. Voted 4-0-0 Reading Conservation Commission Minutes of 12/15/99 Page 2 8:00 PM Issuance Order of Conditions - DEP# 270-326, RGB# 1999-36, 59 Forest Street, Carl Bergeron Karen DeFrancesco submitted a draft order of conditions. She noted the changes in paragraphs A-3 and A-5. On a motion by Bethann Matathia, seconded by Vincent Falcione, the Reading Conservation Commission voted to approve the Order of Conditions for DEP#270-326, RGB# 1999-36, 59 Forest Street, as amended. Voted: 4-0-0 8:05 PM Public Hearing - DEP# 270-xxx, RGB#1999-41, 1090-1100 Main Street, Thomas Goddard Proposed greenhouse construction and pond clearing and dredging. Nancy Eaton swore in the applicants. Atty. Mark Favaloro represented the applicant. The following people were in attendance at the hearing: Mark Favaloro, Esquire, 348 Park St., No. Reading, MA; Collin Johannen, 178 Park St., No.Reading, MA; Martin Schmidt, 78 Ashley Place, Reading, MA; Colleen Auter_y, 64 Ashley Place, Reading, MA; Peter Gilligan, 52 Oak St., Stoneham, MA Atty. Favaloro submitted plans showing the location of the proposed greenhouse. On this set of plans several flags have been relocated and the greenhouse was moved to a new location. The applicant is also requesting to excavate the existing pond to 5' and keep it at the current location. Atty. Favaloro requested a continuation on the hearing for the greenhouse. Nancy Eaton said the new filing doesn't deal with the continued violations of the past three years. Nancy Eaton stated the submitted plan is defective and not acceptable, noting it is not stamped by a certified professional. She requested the concrete bounds for the area to the west of the pond be added to the plans. She asked the applicant to review page two of the Commission's recent site visit, and to answer those questions when the case is continued. Nancy stated the work at 1100 Main Street should be curtailed because the Commission never granted permission for it. Bethann Matathia asked the applicant to add the 1994 agreed wetland line to the revised plan. Leo Kenney asked for more information on the existing pond. The Chair entered the following documents into the record: 1. Buffer Zone Document 2. Farming in Wetland Resource Areas rev. 1/96 3. Aerial photos - 1974 4. Lenthal report - 9/28/98 5. Court stipulations - 8/5/98 & 7/31/97 6. Memo - Zoning Enforcement Order 5. Temporary Restraining Order - July 1998 - Site Visitnotes dated 1-0/22/95, 3/1-7/96.3/21/96, 3/30/96, 4/13/96,-10/12/96, - - - - 11/15/98, and 12/11/99 Reading Conservation Commission Minutes of 12/15/99 Page 3 Enforcement Orders dated 6/20/96, 7/12/96, 10/30/96 and 9/3/99 Cease and Desist Order dated 9/3/99 Certificate of Compliance - 1100 Main Street, 9270-262, RGB #1994-20 All violation notes issued from 1995 to 1999 On a motion by Bethann Matathia, seconded by Vincent Falcione, the Conservation Commission voted to continue the public hearing on DEN 270-xxx, RGB #1999-41, 1090-1100 Main Street, Thomas Goddard until January. 19, 2000, at 7:30 PM at the request of the applicant. Voted: 4-0-0 The Chair recommended issuance of a violation notice for: 1. The material that was cut and thrown into wetlands new flags 70, 50, and 52 on the south side of the driveway at 1100 Main Street. 2. The continued parking violation at 1100 Main Street. 3. The destruction of the replacement tree at 1100 Main Street, at Flag 9 4. The ongoing; violation of the cutting 5. The Commission will send an education let-ter to Mr. Goddard. On a motion by Vincent Falcione, seconded by Bethann Matathia, the Conservation Commission voted to issue fines on the new violations that were noted on the site visit for DEN 270-xxx, RGB #1999-41, 1090-1100 Main Street, Thomas Goddard. Voted: 4-0-0 On a motion by Vincent Falcione, seconded by Ronald Tanner, the Conservation Commission voted to continue to issue daily fines on DEN 270-xxx, RGB #1999-41, 1090-1100 Main Street, Thomas Goddard, for the failure to comply with the enforcement notice dated 9/3/99. Voted: 4-0-0 8:55 PM Order of Conditions Extension Request - DEP#270-295, RGB# 1997-269 Sunset Rock Lane, from 1/12/00 to 1/12/01(RGB Only) On a motion by Bethann Matathia, seconded by Vincent Falcione, the Conservation Commission voted to issue an extension on DEP#270-295, RGB# 1997-26, Sunset Rock Lane, from 1/12/00 to 1/12/01 (RGB Only). Voted: 4-0-0. 9:00 PM Order of Conditions Extension Request - DEP#270-310, RGB# 1998-29, Pleasant/Wilson St., from 1/29/00 to 1/29/01 (RGB Only) On a motion by Bethann Matathia, seconded by Vincent Falcione, the Conservation Commission voted to issue a continuance under the Reading By-laws only for DEP#270- 310, RGB# 1998-29, Pleasant/Wilson St., from 1/29/00 to 1/29/01 (RGB Only) Voted: 4- 0-0 9:10 PM Karen DeFrancesco reported on her site visit to 242 Main Street. She said the infiltrator system went in right. The plantings are in according to the plan and the bounds are in. She is waiting for the wetland report. Reading Conservation Commission Minutes of 12/15/99 Page 4 9:15 PM Marion Woods Parking Lot Review ' A small parking lot, for approximately two cars, needs to be installed at Marion Woods. Leo Kenney recommended using the Lobs Mill site. He also recommends planting a row of trees to mark the edge of the public way. 9:20 PM Karen DeFrancesco submitted the Conservation Restrictions Update 9:30 PM On a motion by Vincent Falcione, seconded by Ronald Tanner, the Conservation Commission voted to recommend to the Board of Selectmen that Bethann Matathia be the commission's representative for the Ad hoc Committee for review of legal services. Voted: 4-0-0 9:35 PM Certificate of Compliance, RGB# 1999-18,135 Oak Street Karen DeFrancesco stated there is a fence around the property and the site is stabilized. On a motion by Bethann Matathia, seconded by Vincent Falcione, the Conservation Commission voted to issue a Certificate of Compliance with the perpetual conditions as listed for RGB# 1999-18, 135 Oak Street. Voted: 4-0-0 9:50 PM Karen DeFrancesco updated the Commission on the EPA Phase II of the New Stormwater Regulations. She stated that the whole Town would be responsible for the quality of stormwater discharge. On a motion by Bethann Matathia, seconded by Vincent Falcione, the Conservation Committee voted to adjourn their meeting at 9:55 PM. Voted: 4-0-0 Respectfully submitted, Joy Mohr Recording Secretary