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Home My WebLink About1999-05-19 Conservation Commission Minutes„ , READING CONSERVATION COMMISSION 1c 6> 13 P : 41b Minutes of Wednesday, May 19,1999 Town Hall Selectmen's Meeting Room PRESENT: Chair Nancy Eaton, Members, Harold "Lucky" Hulse, Will Finch, Bethann Matathia, Vincent Falcione, Consultant Leo Kenney, Conservation Administrator Karen DeFrancesco and Recording Secretary Kathy Morgan ABSENT: John Casciano, Mark Gillis, and Daniel Forsythe, Consultant 7:10 PM The meeting was called to order. 7:11 PM Minutes A motion was made and seconded to approve the minutes of April 21, 1999, as amended. Voted: 4-0-1, Mr. Hulse abstained 7:20 PM Continued Public Meeting 270 Lowell Street, RGB# 1999-10 Applicants submitted a plan showing a 4' high plywood wall, 13' from the foundation of the house towards the wetlands with an additional haybale line behind the wall. A motion was made and seconded to close the Public Meeting. Voted: 5-0-0. A motion was made and seconded to approve and issue a negative determination with the usual conditions and if inappropriate soils are on site, the Administrator is to be notified to designate an alternative location for stockpiling. Voted: 5-0-0. 7:35 PM Continued Public Meeting 11 Norman Road, RGB #1998-26 A motion was made and seconded to continue the Public Meeting to 6/2/99 at 7:30 PM in this room, with no further notice to abutters, at the request of the proponent. Voted: 5-0-0. 7:40 PM Request for Plan han=e - 450 Haverhill St., DEP# 270-291, RGB# 1997-1 The applicant plans to increase the footprint of the dwelling by 25 sq. ft., 10 sq. ft. for a chimney and 15 sq, ft. for an entrance. The driveway was 16' and has been reduced to 14'. Flag # 15 has been moved 20' south. A motion was made and seconded that the Commission find the plan change to be insignificant. Voted: 4-0-1, B. Matathia abstained. 7:50 PM Certificate of Occupancy. - 72 Van Norden Road, DEP# 270-302, R # 1998-14 A motion was made and seconded to issue a partial Certificate of Compliance with the standard conditions plus the stabilization of the lawn and completion of the conservation restriction. Voted: 5-0-0. A motion was made and seconded to request the applicant to post a $500 bond for performance of the outstanding items. Voted: 5-0-0. 8:00 PM Continue Public Hearing 908 Main Street, DEP# 270-318, RGB# 1999-14 The public announcement was read and attendees sworn in. Attorney Columbus was present for the applicant. He advised that a contractor has been hired to remove by hand Reading Conservation Commission Minutes of 5/19/99 Page 2 all the debris. Karen Malarky, from LEC, explained the revised plan changes- Flag 30 & 31 now shown on the plan, removing Flag 49 and connecting Flags 48 and 50, the stone wall now shown on the plan along with the streams and "ditch" changed to intermittent stream. Flags 4A, between 4 & 5, and 36A, between 36 & 37, were added. Chair reviewed the site visit that the Commission made on 5/18/99. Walter Mack, 911 Main St., asked what future plans the applicant has regarding the water way. Atty. Columbus stated he would like to get more information regarding the history of the property. Don Smith, 927 Main St., stated that the neighbors would like the issue of the drainage taken care of even if a house doesn't go in. The Administrator will investigate the drainage easement and find out why the article was taken off the Town Meeting Warrant. A motion was made and seconded to close the Public Hearing. Voted: 5-0-0. A motion was made and seconded to approve the delineation of the wetland resource area as shown on plan last revised 5-10-99. Voted: 5-0-0. 8:20 PM Violation - 908 Main Street, P# 270-315, RGB# 1999,14 The applicant misunderstood while cleaning the property and dug a trench. The trench has been refilled and a contractor has been hired to hand clean the area. Members felt that since the applicant has been cooperative in cleaning the area fines should not be accessed. 8:30 PM Continued Public Hearing 25 Cory Lane Estates (Lot a, DFP# 27031,9, R # 1999-15 The public announcement was read and attendees sworn in. Attorney Senior and Paul Finocchio were present for the applicant. The DEP file number was received and Natural Heritage has been notified. The following periodicals and reference manuals were read 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, and Paper: "Decline & Expiration of a Wood Frog Population Following Large-scale Construction in Adjacent Upland Forest. Reading Conservation Commission Minutes of 5/19/99 Page 3 Jonathan Bockian, Lane Altman & Owens, representing the Zwickers - the prospective - buyers of the property, explained to members the position the Zwickers were in having sold their current house and having no where to go. Chair likewise explained the commissions position and their responsibility to protect the wetlands. Atty. Senior mentioned the fact that the applicant has put a large portion of this property under the protection of a conservation restriction. Mrs. Zwicker stated that she wanted the lot because it was private and a protected area. She stated she does not want a yard nor does she intend to put one in later. L. Kenney stated that since the 35' line was negotiated to be the ZNV and the developer was allowed to go in, the habitat area has already been disturbed. The applicants left the room. Upon their return, Atty. Senior proposed the following: On the original plan, dated 8/10/95 last revised 9/24/97, sheet 4, the line proposed for the conservation restriction on Lot 4 could be moved 5' to the west, an area of approximately Y x 80' long, approximately 400 sq. ft., two vernal pools are located in that area. After further review of the plans and some discussion about future projects at the site, the applicants indicated that a deck and landing, which was not shown on the plan, is needed for the back two-story egress. Members felt that if the new restricted area was given, which they felt would be a worth while area, and after review of revised plans showing the deck for the two-story egress, they would consider the project favorably. The new conservation restriction would have to state no additional decks, pools, patios, or pavers. The only work allowed in the back area would be stabilization and plantings. A motion was made and seconded to continue the Public Hearing to June 2, 1999, at 9:00 PM, with no further notice to abutters, in the Selectmen's room, at the request of the applicant. Voted: 5-0-0. During the break that the applicants for 25 Cory Lane were given, the Commission heard the Discussion item for 9:00 PM 9:15 PM Discussion - 218 & 224 Salem St DEN 270-305, R.,, GB# 1998-18 The applicant has cleaned up the debris, hired a new engineer, and pulled the fill away from the tree trunks. A motion was made and seconded to allow the applicant to continue with the interior work on 224 Salem and seeding in the compensatory storage area. Voted: 5-0-0. 10:15 PM Issuance of the Order of Condition - 12 Timberneck Drive, DEP# 270- 317, RGB# 1999-13 During the on site inspection, Members noticed that the Red Oak that the Commission had wanted to remain had a large gash. V. Falcione was not present at the inspection and Reading Conservation Commission Minutes of 5119199 Page 4 suggested methods that might work to save the tree. Those members who were at the inspection felt that the tree would die and needed to come down. A motion was made and seconded to approve and issue the Order of Conditions as amended. Voted: 4-1-0, V. Falcione against. 11:00 PM Request for Extension of OOC - 40 Azalea Circle, DEP# 270-232, RGB# 1991-3 A motion was made and seconded to grant an extension from 6-13-99 to 6-13-00. Voted: 5-0-0. 11:02 PM Request for a Certificate of Compliance - 80 New Crossing Rd. DEP# 270-285, RGD# 1996-9 A motion was made and seconded to approve and issue a partial Certificate of Compliance with the outstanding items being; verification of compensatory storage elevation and pump station invert elevations. Voted: 5-0-0. A motion was made and seconded to reduce the bond amount to $3000 plus 10%. Voted: 5-0-0. 11:15 PM 108 Van Norden Rd. The applicant wants to install a screened porch 80' from the wetlands. The Administrator was given approval to sign off. 11:20 PM Coolidge Middle School, Birch Meadow Drive Members will allow the Administrator to sign off as a field change from a 7' - 10' extension into the soccer field area, the recharge area. 11:25 PM Eric's Greenhouse Plants and other materials encroaching onto the front wetland. A motion was made and seconded to issue Eric's Greenhouse, Tom Goddard, 1090 Main St., a violation notice for plant materials to be removed from the wetland area within five days of receipt of the notice. Voted: 5-0-0. A motion was made and seconded to authorize the Administrator to issue an Enforcement Order at the end of the five days if the material is not removed. Voted: 5-0-0. A motion was made and seconded to authorize the Administrator to issue $300 daily fines in conjunction with the Enforcement Order. Voted: 5-0-0. 11:30 PM A motion was made and seconded to adjourn. Voted: 5-0-0. Respectfully submitted, Kathy MOT n, Recording ecretary