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HomeMy WebLinkAbout1999-03-24 Conservation Commission MinutesREADING CONSERVATION COMMISSION F_ _ i JUN! ~ P 2: 3b Minutes of Wednesday, March 24, 1999 Town Hall Selectmen's Meeting Room PRESENT: Chair Nancy Eaton, Members, Harold "Lucky" Hulse, Will Finch, Vincent Falcione, Mark Gillis (7:30 PM), Bethann Matathia, Conservation Administrator Karen DeFrancesco and Recording Secretary Kathy Morgan ABSENT: John Casciano and Consultant Leo Kenney 7:07 PM The meeting was called to order. 7:09 PM Reauest~o Amend Order - 80 New Crossing Rd.. DEP# 270-298. RGB# 1998-01 Mr. Cissel and Mr. Fruhbeis, the applicants, were present and represented by Attorney Kimball. The revised conservation restriction is being submitted 3/25/99, but because of the delay with the conservation restriction, the applicant is requesting to begin construction and submit the conservation restriction before the certificate of compliance is issued. Chair reviewed some unfinished requirements in previous projects on the property. The applicant is willing to sign the draft conservation restriction; and the commission will wait to sign until after its review by Mr. Lerner, Division of Conservation Services; and the Administrator will sign off on the building permit. 7:30 PM Discussion - Agricultural Uses Zoning Bylaw Amendment One of the members of the group petitioning the town for the new zoning law, Lyn Schmitt, came before the Commission seeking its support in favor of the new bylaw. Mrs. Schmitt advised members that the Board of Selectmen voted in favor 5-0, the Zoning Board of Appeals took no action, and CPDC is having an open hearing 4/5/99. M. Gillis asked if any other business, other than Eric's Greenhouse, would be affected by this bylaw. Mrs. Schmitt said no, not currently. Chair explained that the members were all in agreement that the Conservation Commission should not take a position on this issue. Review Land Swap - 695 Pearl St., Arlene and Dick Harper Mr, and Mrs. Harper were present. Chair explained to Mr. Harper that the land swap had been approved at Town Meeting and with the legislature, and that appraisals had been done previously. She went on to explain that the Commission thought he had revoked his offer. Mr. Harper had been ill but would still like to go through with the transaction. The Administrator will talk to Mr. Lerner about having new appraisals done. 8:10 PM Plan Change - 450 Haverhill St., DEP# 270-291, RGB# 1997-01 Ms. Matathia abstained from the project. Mr. Larkin was present and explained how he would like to swing the position of the house so that the front of it can be seen from the road. He plans to do no alterations to the rear other than clean it up. A site visit was Reading Conservation Commission Minutes of 3/24/99 Page 2 conducted 3/21/99, and Chair reviewed the site report. Chair asked Mr. Larkin if he plans to do landscaping under the pine trees located on the property line. Mr. Larkin said no, but he may put a fence up. Brenden O'Hagen, 450 Haverhill, asked what Mr. Larkin plans to do with the chimney and bricks at the rear of the property. Mr. Larkin said he will use the bricks in the driveway and finish grade where the chimney is now. David Schurman, 454 Haverhill St., asked what kind of house Mr. Larkin plans to build. Mr. Larkin advised a basic Colonial house with the same footprint. Rich Rogers, 444 Haverhill St., is concerned with the trees on the boundary line and the proposed house being situated so close to them. A motion was made and seconded that the Commission determine the plan change to be insignificant. Also the ZNV of Flag 15 needs to be revised on the plan and the area of disturbance needs to be changed. Voted: 5-0-1, Mrs. Matathia abstained. 8:30 PM A short recess was taken. 8:40 PM Land Donation - 72 Van Norden Rd Mr. Johnson wasn't present. A motion was made and seconded to accept the land donation. Voted: 6-0-0. 8:43 PM _Continued Public Hearing 76 Causeway Road DFP# 270-313, R B# - 1999-5 The public announcement was read and attendees sworn in. David Niemeyer, representing Mass. Highway Dept., reviewed the procedure that will take place as far as digging the contaminated soils down 3-5' and storing it as far away as possible from the wetlands on plastic sheets, then transporting it by a licensed individual, Bill of Lading submitted to DEP. They plan to reinstall four monitoring wells on site and two off site, location unknown. He realizes the site is sensitive and will use all precautions. Chair asked about the clarification report of affect on ground water. Mr. Niemeyer is unsure of the ground water level. He will be in touch with the water department. Chair asked that Mr. Niemeyer give a copy of the updated contour map and the RAM report to the Administrator and was advised to contact the Administrator to have her check erosion controls prior to any digging. Mr. Niemeyer said that he is confident they can get 80 - 90% of the contamination. They plan to take samples of the walls and test soils. If more contamination is found, they would have to come back to the Commission. A motion was made and seconded to close the continued public hearing. Voted: 6-0-0 A motion was made and seconded to issue an Order of Conditions with conditions as discussed. Voted: 6-0-0. 9:10 PM Continued Public Hearing 24-30 Bay State DEP# 270-3, 2, RGB# 1999-6 A revised plan dated 3-23-99 was submitted. Mr. and Mrs. Cain were present and represented by John Ogren, Hayes Engineering. After hearing the concerns of the members-of the ZBA regarding the location of the stormwater management, a design was Reading Conservation Commission Minutes of 3/24/99 Page 3 shown that locates the stormwater management area between Lots 2 & 3 which would be within the 100' buffer but outside the 25' ZNV. A site visit was conducted 3/21/99 and Chair reviewed the members observations. The Administrator advised that the B line is based on vegetation and that the Commission could protect that area under the bylaw. Chair advised that L. Kenney stated he would like to protect from the chain link fence, B8 to B 10, and following the 100' buffer going north-westerly to the property line. Chair emphasized the necessity of the canopy in the area to protect the wetlands. Test holes have been taken but no information has been submitted yet. Atty. Latham, attorney for the Cains, stated his objections to preserving the whole 100' and questioned why the Commission felt they needed to in this instance. 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; MA.CC 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, and The Importance of Protecting Riparian Areas Along Smaller Brooks and Streams. Chair stated, after reviewing the 1987 quad sheets, that there doesn't appear to be a stream on the property. Lee Ann Coyne, 25 Governors Dr., is concerned about the water level, flooding in her house, and the trees in the area. Charles McDonald, 41 Canterbury Dr., submitted a petition from the abutters showing their disfavor with the development. He also submitted an article from the Reading Chronicle (dated 3/9/99, page 12A) and the Boston Herald (dated 3/9/99, page 5). Jane Washburn, 30 Canterbury Dr., stated her concerns for saving vernal pools and wetlands. Mr. Cain, 29 Baystate Rd., said that he has lived in his house since 1968 and there were occational water problems but with each new development being put in the water problems seem to be less. Chair asked if the applicant was planning on adding infiltrators to the house after they move the stormwater management and would they remove or let them stay on the other houses. Mr: Ogren said yes they planned on adding infiltrators, but he was not sure about Lot 1. He stated soils would be brought in and infiltrators should be above the ground water level. Chair asked if there would be an additional change in the contour if infiltrators are required. Mr. Ogren didn't seem to think so. Chair asked if the cul-de-sac is the smallest it can be. Mr. Ogren said yes. Reading Conservation Commission Minutes of 3/24/99 Page 4 Chair asked the applicant to review B8 & B10 on the revised plan and look at the canopy protection around that area and northerly. Mr. Ogren said he would review the B line but mentioned that the B line goes through house 2. W. Finch explained to the applicants that in this case the Commission may decide to protect the entire 100' buffer because it is a high quality wetland system and because morphological changes in the area. Mr. Latham requested a continuance. Mr. McDonald added that if trees are removed, the water level will go up. He contradicted Mr. Ogren that the soil in the area is not sandy. Mr. Ogren stated that the water moves quickly through the soil and that it is a group A soil; he never stated what type of soil it is. Mrs. Cain explained that she plans to live in the house at Lot 1 and would only cut down as many trees that were needed to build the house. Mr. Latham requested a continuance. A motion was made and seconded to continue the Public Hearing to 4/21/99, at 7:30 PM, in the Selectmen's Room; with no further notice to abutters: Voted: 5-0-1; M. Gillis abstaining. 10:30 PM Cub Scout Project - Charles Moran, Parker Middle School Mr. Moran, the Assistant Den Leader of Den 9, Pack 733, explained his den's plans to erect blue birdhouses on the land located between the Parker Middle School's soccer field and the train tracks. Chair advised Mr. Moran that the land that he is referring to is not conservation property but either under the control of the School Dept. or the Board of Selectmen. Members asked what materials they planned to use and gave some suggestions for getting materials and asked how long the houses would be maintained. The Administrator will let him know whose control the property is under and will write a letter of approval to Mr. Moran. Members welcomed Beth Ann Matathia as a new member. A motion was made and seconded to appoint Daniel Forsythe as a consultant to the Commission, Voted: 6-0-0. 10:55 PM A motion was made and seconded to adjourn. Voted: 5-0-0. Respectfully submitted, t h Kathy Mor n,