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HomeMy WebLinkAbout1999-08-11 Conservation Commission MinutesC READING CONSERVATION COMMISSION EXECUTIVE SESSION 3 v , Minutes of Wednesday, August 11, 1999 Town Hall Selectmen's Meeting Room Present: Chair Nancy Eaton, Members; John Casciano, Vincent Falcione, Ronald Tanner, Leo Kenney Consultant, Karen DeFrancesco, Conservation Administrator, and Kathy Morgan, Recording Secretary Absent: Will Finch, Bethann Matathia, Mark Gillis, and Consultant H. "Lucky" Hulse 11:00 PM J. Casciano made a motion to go into Executive Session for the purpose of discussing litigation with respect to the Marion Road subdivision and Notice of intent and not to return to public session. V. Falcione seconded the motion. Roll-call vote taken: V. Falcione - yes, R. Tanner - yes, N. Eaton - yes, J. Casciano - yes. In reference to Kenwood Development Corp. DEP# 270-279, RGB# 1995-29 A motion was made and seconded to authorize town counsel to execute and file a stipulation to dismiss all claims with prejudice of Kenwood Development Corp. vs. the Reading Conservation Commission, Case #98-5986, subject to written verification to the Reading Conservation Commission that the land transfer closing has occurred and to dismiss the DEP Superseding Order. Roll-call vote taken: V. Falcione - yes, R. Tanner - yes, N. Eaton - yes, J. Casciano - yes. 11:25 PM A motion was made and seconded to adjourn both from the Executive Meeting and the Public Meeting. Roll-call vote taken: V. Falcione - yes, R. Tanner - yes, N. Eaton - yes, J. Casciano - yes. Respectfully submitted, Kathy Morgan, Recording Secretary READING CONSERVATION COMMISSION z. ASS ° Minutes of Wednesday, August 11, 1999 Town Hall Selectmen's M W` n itooi~ $0' Q PRESENT: Chair Nancy Eaton, Members, John Casciano, Vincent Falcione, Ronald Tanner, Consultant Leo Kenney, Conservation Administrator Karen DeFrancesco and Recording Secretary Kathy Morgan ABSENT: Mark Gillis, Will Finch, Bethann Matathia, and Consultant Harold "Lucky" Hulse 7:10 PM The meeting was called to order. 7:12 PM Eagle Scout Project - Andrew Pearson, Linnea Thelin Bird Sanctuary Andrew has nearly finished with his project but would like an extension to plant trees at the top of the slope. Members reviewed his Boy Scout Journal with pictures taken at different stages of the project. He also submitted a brochure that he has prepared for the library. A motion was made and seconded to approve the completion of the Boy Scout project and allow the boy scouts to plant trees in the fall. Voted: 4-0-0. 7:30 PM Continued Public Meeting - 11 Norman Road, RGB# 1998-26 A motion was made and seconded to continue the Continued Public Meeting to 8/25/99, at 9 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. 7:35 PM Minutes A motion was made and seconded to accept the minutes of June 16, 1999, as amended. Voted: 4-0-0. 7:40 PM Plan Change - Arthur B Lord Dr., YMCA, DEP# 270-312, RGB# 1999-16 Mr. Jennings, representative for the YMCA, explained that the location of forebay #2 would have to be moved west away from a root structure. They would also like to change the riprap down to 4-8" size, and hold off on the wetland planting for a month. They would like to get a partial occupancy for 9/1/99 because the, preschool will be starting. They would like to remove an Oak and will be changing grading from the building toward the wetlands to meet existing grades. Mr. Jennings advised that the curbing should be . done by the middle of next week. Members and the Administrator felt that too many items still remain open to issue a partial certificate. A motion was made and seconded to find that the plan change be considered insignificant. Voted: 4-0-0. A motion was made and seconded to allow the Administrator to sign off on the Certificate of Occupancy and require that the plantings be completed no later than 10/15/99. Voted: 4-0-0. Reading Conservation Commission Minutes of 8/11/99 Page 2 7:35 PM Decision - Partial Certificate of Compliance - 224 Salem St., DEP# 270- 305, 1998-18 The versa-loc wall and seeding is completed. Amendments were made to the two-party conservation restriction being made between Mr. Iapicca, the new owner, and the town. The applicant will notify the Administrator regarding the conservation restriction and a letter saying that the new owner has read all documents. A motion was made and seconded to issue a Partial Certificate of Compliance with the outstanding items being; survivability of vegetation and signing and recording of a three party conservation restriction. Voted: 4-0-0. A motion was made and seconded for the Conservation Commission to enter into a two-party grant of conservation restriction with Ron Iapicca, the new owner, and the town with respect to assessor's Map 91 both A & B, pursuant to Chapter 8, Section 4(c). Voted: 4-0-0. A motion was made and seconded to enter into a two-party conservation restriction with David Williams and Ron Iapicca individually and as R & R Trust, with respect to assessor's Map 91 both A & B. Voted: 4-0-0. The documents were then signed. 8.00 PM Continued Public Hearing - 379 Haverhill St., DEP# 270-322, RGB# 199 24 A motion was made and seconded to continue the Continued Public Hearing to 8/25/99, at 8:30 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 4-0-0. 8:15 PM Public Meeting - 80 Sanborn Lane, RGB# 1999-29 Bob Bent of Custom Quality Pools, was present and represented the applicant. In construction of the in-ground pool, all excess fill will be removed immediately, therefore, no stockpiling will be necessary. A 4' chain link fence will be around the pool. Chair advised that to the parcel to the rear of the property has a conservation restriction. L. Kenney asked that a garden edging or something similar be placed around the bottom of the fence to discourage critters from getting into the pool. One pine and three fruit trees will have to be removed. A motion was made and seconded to close the Public Meeting. Voted: 4-0-0. A motion was made and seconded to issue a negative determination with conditions being that a stilling basin be created if ground water is encountered and edging around the pool fence to redirect critters away from the pool. Voted: 4-0-0. 8:50 PM Continued Public Hearing - 908 Main Street, DEN 270- , RGB# 1999-27 Karen Malarkey of LEC Environmental Consultants and Attorney Stephen Columbus were present for the applicant. The applicants propose to build a single-family dwelling, approximately 1100 s. f. and a deck. Access to the new house would be through the common driveway composed of gravel. There is a drywell proposed. A vegetation planting plan was submitted. The haybale line is at the 25' line. A conservation restriction will be given from the BVW line and then outward on portions of lots 1, 2, & 3. Plans dated 8/3/99 have been submitted and the applicant is requesting a waiver of an engineer's stamp. Attorney Columbus advised that he has had talks with the town engineer regarding Reading Conservation Commission Minutes of 8/11/99 Page 3 the drainage easement. Chair reviewed site notes dated 8/9/99. The driveway was approved by the building inspector and will be discussed at the next CPDC meeting. Don Smith, 927 Main Street, has concerns with the drainage easement. Walter Mack, 911 Main Street, advised members that there is a revised plan more current than the 6/98 date referred to by Attorney. Columbus. A motion was made and seconded to continue the Continued Public Hearing to 8/25/99, at 9:30 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 4-0-0 9:00 PM Continued Public Hearing -108 Scotland Road RGB# 1999-26 Dave Johnson & Karen Malarkey of LEC Environmental Consultants were present. Dave Johnson described the changes made to the plan dated 6/29/99, revised 8/2/99. The driveway has been decreased to 700 s.f, the temporary wetland alteration has been done away with, and the dwelling is now 15' away from the isolated wetland. There is now an 8' additional vegetated buffer around the isolated wetland. A boundary marker will be placed at flag 2. A 24" Oak, two 10" Oaks, one 10" Maple, one 24" Elm, and one 10" Maple will need to be removed where the driveway and filled area are to be located. Ms. Malarkey submitted a letter from LEC to the Reading Conservation Commission referring to changes made to the Wetland Replacement Report dated 7/2/99. The Administrator noted that because the ground water level was taken in June, instead of between March and April, which is the best time to determine the mean annual high water level, soils should also be checked. L. Kenney stated that the original landowner broke up this land and made this into a wetland parcel, creating his own hardship. L. Kenney felt that no waivers should be given. He stated the house is within the 25' ZNV buffer. He also stated that the drainage to the wetland will change because the house and the driveway would change its course. Mr. Johnson stated that they could pitch the driveway towards the wetland. V. Falcione questioned the applicant why the Commission should allow less than the 25' buffer. The applicant was agreeable to let natural vegetation grow in from Flag 13 toward the house instead of creating a lawn. The Administrator visited the site in February and notice water at contour 264. A motion was made and seconded to continue the Continued Public Hearing to 8/25/99, at 10:00 PM, at the request of the applicant, in the Selectmen's Meeting Room, with no further notice to abutters. Voted: 4-0-0. 10:00 PM A motion was made and seconded to ask the Board of Selectmen to transfer town-owned parcels to the Conservation Commission care, custody & control pursuant to Chapter 40, Section 8C on North Main Street (Map 245, Parcels 6 and 7) and land adjacent to Reading Open Land Trust and Kurchian Woods (Map 195, Parcel 2). Voted: 4-0-0. Reading Conservation Commission Minutes of 8/11199 Page 4 10:19 PM Eric's Greenhouse A motion was made and seconded to issue an Enforcement Order and daily fines of $100 to Eric's Greenhouse for doing work without a permit as provided in Section 2 of the fine schedule. Voted: 4-0-0. A motion was made and seconded to instruct Town Counsel to return to Superior Court seeking a restraining order or other relief from the temporary restraining order issued 8/5/98 or the Administrator to issue Enforcement Order, Voted: 4-0-0. 10.30 PM The Corporex Conseptual Plan has been submitted. Members discussed a potential meeting schedule with CPDC. 10:45 PM 107 Walnut Street The owner has requested permission to take down a large dead Elm tree that is next to a vernal pool. The Administrator will advise the owner that approval has been given. J. Casciano made a motion to go into Executive Session for the purpose of discussing litigation with respect to the Marion Road subdivision and Notice of Intent DEP# 270- 279, RGB# 1995-29, and not to return to public session. V. Falcione seconded the motion, Roll-call vote taken: V. Falcione - yes, R. Tanner - yes, N. Eaton - yes, J. Casciano - yes. Respectfully submitted, Kathy Mor Recording Secretary