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HomeMy WebLinkAbout1999-08-25 Conservation Commission MinutesREADING CONSERVATION COMMISSION - "ASS. P 2:41 Minutes of Wednesday, August 25, 1999 Town Hall Selectmen's Meef ng Room PRESENT: Chair Nancy Eaton, Members, Will Finch, Bethann Matathia, Vincent Falcione, Ronald Tanner, Consultant Leo Kenney, Conservation Administrator Karen DeFrancesco and Recording Secretary Kathy Morgan ABSENT: Mark Gillis, John-Casciano and Consultant, Harold "Lucky" Hulse r-A$4 rA 7:15 PM The meeting was called to order. 7:16 PM Members discussed the FY2000 budget. 7:20 PM A motion was made and seconded to designate Karen DeFrancesco, Conservation Administrator, to sign the Estoppel Certificate for the 224 Salem Street conservation restriction. Voted: 5-0-0. 7:28 PM Plan Chan= - 450 Haverhill St.. DEP #270-291. RGB# 1997-1 The applicant would like to shorten his previously proposed 3-4 foot high wall on the side of the house towards Haverhill St. The wall would then be farther away from the resource area. A motion was made and seconded to find the plan change to be insignificant. Voted: 5-0-0. 7:30 PM Public Hearing T,andfill_ WAlkprc Rrnnk nrivP_ ('nrnnr.-Y- nFP:U 1.7(1-YYY :RGB# 1999-30 The public announcement was read and attendees sworn in. Brian Lawlor, from SMMA and Scott Egan, a wetland scientist from ENSR were present for the applicant. The portion of the property under consideration in this filing is the ditch in the south-western portion of the property. Scott Egan and the Administrator examined the soils and found them to be uniform, no mottle, and no signs of hydrology. The area is very disturbed. Vegetation in the area consists of staghorn, sumac, purple loosestrife, successional species. Around Flag B6 there are phragmyties and Willow trees up to Walkers Brook. The wetland line previously delineated was felt to be accurate. Chair asked what distance the cap will go. Brian Lawlor stated the cap will go to the bottom of the bank. Chair would like more definitive information on the cap coverage. The Administrator advised that some sludge from the water treatment plant was dumped there. A conceptual meeting is scheduled with CPDC and Conservation members on 9/15/99. A motion was made and seconded to close the Public Hearing. Voted: 5-0-0. A motion was made and seconded that the area submitted for delineation is not a resource area. Voted: 5-0-0. 7:50 PM Vie to transfer Town owned pare le_c to Co nsserrvation on Tine Rd (Map 68. Parcel 6 and Quannapowitt Park (ap 79, Parcels 114-120, 133-143, 147-165 , _ Knollwood Rd (l~/Lan 35 Parcel 6 and 7 and Governor's-Drive (Man 93, Par d1 Reading Conservation Commission Minutes of 8/25/99 Page 2 A motion was made and seconded to vote to request the Board of Selectmen to transfer town owned parcels to the care and custody and control of the Conservation Commission pursuant to Chapter 40, section 8C, on Line Rd (MAP 68, Parcel 6) and Quannapowitt Park (Map 79, Parcels 114-120, 133-143, 147-165), Knollwood Rd (Map 35, Parcel 6 and 7), and Governor's Drive (Map 93, Parcel 33). Voted: 5-0-0. 7:55 PM Re-issuance of a Certificate of Compliance - 33 Lynn Village Way (Lot 4), DEP# 270-2611, RGB# 1994-16 The owner was required to register the Certificate again by his bank. A motion was made and seconded to re-issue the Certificate of Compliance. Voted: 5-0-0 7:55 PM Continued Public Hearing - 38 Cross StreetLDEP# 270-314, RGB# 1999-7 The public announcement was read and attendees sworn in. Marissa DeMarco, the applicant, introduced herself and submitted an affidavit stating that she has observed Walkers Brook dry during some months of the year. Attorney Jamie Buchanan was present and represented Mrs. DeMarco. A plan was shown which indicates the DEP line, the Reading Conservation line, the LEC line and the grass line by DEP on the westerly edge of the BVW. The house the applicant proposes to build is smaller and outside the BVW but is within the buffer zone. The corner of the house is less than 25' to the BVW. Paul Finocchio, PH & Associates, indicated the grassed line, GI to G10, and stated they would install haybales and silt fence at that point. The house is 38 X 32, a split level. The lower level would be at contour 193. The house would have a driveway in front. They would do stockpiling on the westerly portion of the property and surround the material with haybales. The two sheds on the property would be removed. The Administrator stated that the 25' ZNV is shown at the grass line but not between the LEC and DEP line. She stated that the ground water data was done in June, when it should have been done between March and May to determine ground water elevation. B. Matathia questioned whether the grass line was surveyed or just referred to when the Superseding Order was issued. The Administrator stated that there is no surveyed plan at the time of the Enforcement Order or delineation. The Administrator referred to the opening letter of the Superseding Order which refers to the Reading Conservation's grass line being agreed upon as the BVW. Chair entered the site visit notes from 11/27/94, 3/11/95, 7/9/96, 6/25/98, 7/26/99, and 8/24/99. Within the Enforcement Order the applicant agreed to restoration. Chair read a letter dated 7/11/96 from former Administrator D. Nadeau, to Mr. Pacillo. Chair advised the applicant that it had been agreed upon that the grass line was not to be maintained. Attorney Buchanan referred to a letter of compliance from D. Nadeau. Chair stated that Mr. Nadeau didn't have the authority to grant a compliance without the Commission's approval. Reading Conservation Commission Minutes of 8/25/99 Page 3 Chair read site notes dated 6/13/98 and 6/14/98 which mentions observations of flooding in a 100 yr. storm event. A letter from Leonard & Helen Filippone of 39 Cross St. was read stating their observations of flooding in the area. A photo was attached to the letter. Attorney Buchanan stated that the Town Engineer has relocated the stream. V. Falcione stated, in his opinion, if the area were not mowed, vegetation would have grown in. Carol Mawn, 2 Cutter Street, daughter of and representing the Castaninos, 56 Cross Street, stated that they felt that any new construction would cause flooding damage. She gave a brief history of flooding in the area and how the town was asked to put in catch basins in 10/96, which they did. In June of 1998 they got flooded again. Ms. Mawn asked that the photo's submitted previously with regards to flooding at this site be re-admitted as evidence in this filing. She has observed a hose from Mr. Paciilo's house that goes into the street. She read Section 3.6.1 of the Zoning Bylaws. Chair submitted a Map of Registry Plan #1050 of 1981 end of Record Book 14419, that labels this parcel as "not to be a separate building lot." 9:00 PM Recess taken. 9:10 PM The Public Hearing back in session. The Administrator entered the following documents into the record: Wetland Buffer Zone and Water Quality (3-1-97), Buffers for the Protection of Wetland Ecological Integrity; Massachusetts Audubon Buffer Zones; Environment's Last Defense (1989); Wetland Buffer Zones, MACC Third Annual Fall Conference 10-14-95; Wetlands Environmental Gradients, Boundaries; and Buffers; Wetlands Functions and Values - MACC 9-28-96; Riverways Programs, Fact sheets on Functions & Values of Riparian Areas, Functions of Riparian Areas for Flood Control, Functions of Riparian Areas for Storm Damage Prevention, Functions of Riparian Areas for Wildlife Habitat, Functions for Fisheries protection, Functions of Riparian Areas for protecting Public and Private Water Supplies, Functions of Riparian Areas for groundwater protection, Functions of Riparian Areas for pollution prevention; The Importance of Protecting Riparian Areas Along Smaller Brooks and Streams. Letters from JDC Environment dated 7/27/99 & 8/15/99 were read into the record. Attorney Buchanan stated that Mr. Finocchio felt that the 1981 plan labeled "not to be a separate buildable lot" may refer to frontage. A motion was made and seconded to continue the Continued Public Hearing to 9/22/99 at 8:30 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 5-0-0. 9:15 PM Continued Public Hearing 379 Haverhill Street, DEN 270-322, RGB# 1999-24 Jack Rivers and Attorney Brad Latham were present. Mr. Rivers is requesting TO GOnI1ML WOUdIlU 11ag v wau 7, avauuvu Lin, avvvaa and he would grant a conservation restriction on the upland that is adjacent to the Reading Conservation Commission Minutes of 8/25/99 Page 4 conservation land near the Nike site. Chair advised Mr. Rivers that once a line is established its good for three years. She advised him that he should includewith the filing a description of any work beyond the line delineated and request waivers if applicable. Attorney Latham advised members of the history of the property, how a portion was sold off and then some time after that it was again owned by the same individual but in the meantime, the right-of-way was shifted. Mr. Latham submitted documentation of ownership of the property through the years. Chair was concerned with the rights of the right-of-way. Chair also requested more information regarding the underground storage tank and advised Mr. Rivers to speak with the Town Engineer. A motion was made and seconded to continue the Continued Public Hearing to 9/22/99 at 8:00 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 5-0-0. 9:3 5 PM Continued Public Hearing - 908 Main St., DEP# 270-xxx, RGB# 1999-27 Karen Malarkey, LEC Environmental Consultants and Attorney Columbus were present for the applicant. Revised plans dated 8/25/99 with the revised easement were submitted. The Administrator felt that the size and the variety of the plants submitted in the planting plan were inadequate. It was agreed that the size of plantings would be at least 1 1/2" - 2" caliper with 75% coverage within two years. Flags K, J, & I of the conservation line were brought away from the lot line because the abutting neighbor has expressed his desire to purchase the property adjacent to him. The applicant is granting to the town a drainage easement. The location of the easement was questioned. Attorney Columbus said the Town Engineer had put it in that location but he said he could check with him again. Members also questioned why flags D & I of the conservation line were placed where they were. Attorney Columbus stated he had requested his engineer to square the property off. A motion was made and seconded to continue the continued Public Hearing to 9/8/99, at 8:00 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 5-0-0. 10:00 PM Continued Public Hearing - 108 Scotland Road, RGB# 1999-26 A motion was made and seconded to continue the continued Public Hearing to 9/8/99 at 7:30 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 5-0-0. 10:05 PM A motion was made and seconded to adjourn. Voted: 5-0-0. Respectfully submitted, Kathy Morgan; ;I