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HomeMy WebLinkAbout2003-08-13 Conservation Commission MinutesMinutes, Reading Conservation Commission August 13, 2003 r ~t ~ i aA Reading Conservation Commission Meeting Selectmen's Meeting Room, 7 PM Wednesday, August 13, 2003 Present: Becky Longley, Bill Hecht, Doug Greene, Kelley Meier, Pat Lloyd, Will Finch, Commissioners; Fran Fink, Administrator; Leo Kenney, Consultant; Linda Boutoures, Recording Secretary The meeting was called to order at 7:00p.m. Old/New Business Meadow Brook Golf Club Members of the Golf Club, their architect, Ron Kirby, attorney, Brad Latham, and wetlands consultant, Joe Orzel, were present. Mr. Orzel described preliminary plans to expand the golf course from 9 to 18 holes. Work would include clearing about 90,000 square feet of the forest canopy and installing a boardwalk to reach new holes across the wetland and stream in the western end of the site. Mr. Orzel said permits had been granted for similar projects in Ipswich, Acton, and Plainville. They plan to protect Atlantic white cedar stands. The other area of concern is to the north near several vernal pools. The habitat was mapped by Natural Heritage i.e. spotted turtle, blue spotted salamander. They will have Natural Heritage involved with a site visit to see what their opinion would be. Ms. Lloyd then asked if there were any questions or comments from the audience or the Commission members. Mr. Finch asked what would happen if it went from a forest swamp to a shrub swamp, what will happen to water budget in the area? Would like to contact Massachusetts Association of Conservation Commissioners with questions of the affects on hydrology. Ms. Longley asked whether proposed cutting of canopy was to shoot over. Applicant said yes, and also for elevated boardwalk. Mr. Kenney would like to see specific site plans for this project before giving detailed feedback. Applicant said surveyors are in the process, hopefully they can have plans in a few weeks. Mr. Hecht was concerned about preserving upland habitat around vernal pools. Mr. Kenney said a drift fence study could be undertaken to determine migration corridors. He knows of one corridor across Grove Street near Family Circle. Ms. Fink asked for copies of the Orders of Conditions from other towns that were - - mentioned earlier. She zlso asked-about possible mitigation, longterm maintenance plans, proposed land swaps, and irrigation improvements. Minutes, Reading Conservation Commission August 13, 2003 Mr. Latham said a land swap would be needed, but they are exploring wetlands issues first. A Board member said they are looking at irrigation improvements. They have a permit for 14 million gallons per year. Last year they used 17. This year they expect 10. If they expand to 18 holes, they expect to need 19. They have discussed a buy-in arrangement with the MWRA and DPW, where the Town would use less water to offset their increase. Mr. Finch stated that the Ipswich River Watershed' Association was concerned about water use trade-offs and he was not sure whether the Town would approve additional use. The Commission encouraged those present to file a Notice of Intent with detailed plans. Harvest Road, Order of Conditions Mr. Donovan was present. The Commission discussed improvements in site conditions seen in recent site visits. Mr. Hecht moved to allow construction to begin on top of the existing foundation. Ms. Longley seconded. Voted 4-1 and the motion passed. 7:30p.m. Public Hearing, Notice of Intent, 15 Timothy's Place, DEP 270-398, RGB 2003-16 Procedures read, attendance sheet circulated, Commission introduced. The Commission reviewed a draft order of conditions. Ms. Meier moved to close the public hearing. Mr. Hecht seconded. Voted 5-0-0 in favor. Mr. Hecht moved to approve the Order of Conditions as drafted for the project. Ms. Longley seconded. Voted 5-0-0 in favor. 7:40p.m. Public Meeting, Request for Determination of Applicability, entire length of Interstate 93 in Reading Procedures read, attendance sheet circulated, Commission introduced. Anne Roche, Mass Highway Dept. Environmental Engineer, was present. Applicant stated that the Mass Highway Dept. is going before all Conservation Commissions that are involved in the project. The Mass Highway Dept. plans to use a spray device and an herbicide called "roundup" to control the vegetation on the side of the highway. This all came about because last year while the Highway Dept. was cutting overgrown vegetation, accidents were occurring with trucks and Highway Dept. workers. This spraying will consist of a truck-mounted sprayer. The sprayer will spray just under the guardrail 18" - 2' of a non-disbursing agent. Spraying will not be done in 20mph winds or higher and not be done 12 hours before or 24 hours after it has been raining. The Mass Highway Dept. sent plans to Natural Heritage. Final delineation of wetlands and spray zones will be made by MHD and Commission representatives at a later date. Ms. Longley asked what type chemical will be used? Ms. Roc e stated "roundup" and "oust". Just under guard rails - shoulders will be mowed. 2 Minutes, Reading Conservation Commission August 13, 2003 The Commission asked whether cost was a factor along with safety in MHD's proposal. Ms. Roche said spraying would probably be cheaper than cutting. The Commission asked how long the markers stay in place. Ms. Roche said some applied in mid-1990's were gone and others have to be moved because the setbacks have changed. Ms. Fink presented draft Findings and Conditions. She said this project is exempt from local bylaws and the Commission's role under the Wetlands Act is limited to boundary delineation. Prior to spraying there should be a 21 day notification to the board. Ms. Meier moved to issue a Negative Determination with Findings and Conditions as provided by Ms. Fink. Seconded by Bill Hecht. Voted 5-0-0 in favor. Public Hearing, Notice of Intent, 422 Grove Street, DEP 207-406, RGB 2003-33 Procedures read, attendance sheet circulated, Commission introduced. Elizabeth Wallis, Hayes Engineering, and Richard Bova, contractor/applicant, present. Ms. Wallis told Commission the applicant wants to demolish existing home and replace with new home, driveway and walkway. The home will be moved closer to the street, 21' from sideline off Grove St. The wetlands were delineated in June of 2003, based on vegetation and soils. Erosion control and limit of work area is a little less than 25' from wetland. The driveway will be a little bigger, garage will be located westerly of house. Trees in front yard not proposed to be removed, some trimming may occur. This is strictly a buffer zone project, but part of the proposed driveway would extend into the 25- foot,Zone of Natural Vegetation. Mr. Hecht asked whether the existing foundation will be removed. Mr. Bova said yes. Ms. Fink submitted a memo with comments and reviewed them. This memo was sent to applicant. Some clarification and alternatives analysis is needed. An abutter, Mr. Dicampo, told the Commission that the water settles on the street at the low spot between the two driveways. In the winter this water freezes. He has had a wet basement and is concerned about directing runoff from this lot away from his house. Ms. Wallis agreed that water puddles on the street. Mr. Dicampo suggested taking the driveway from the side of the house and putting it in the front, to get away from the wetlands. Ms. Fink stated that she had observed a large puddle between the two driveways, seeping into the woods, after a recent heavy rain. Mr. Dicampo gave permission for the applicant to enter his property for surveying purposes to compare various elevations and clarify runoff patterns. Ms. Meier moved to continue the public hearing to August 27, 2003 at 7:40 p.m. Mr. Hecht seconded. Voted 5-0-0 in favor. Public Meeting, Request for Determination of Applicability, 34 Bond Street, RGB 2003- 34 Minutes, Reading Conservation Commission August 13, 2003 Procedures read, attendance sheet circulated, Commission introduced. Mr. Greene arrived. Mr. and Mrs. Robert Bradlee, applicants, were present. They would like to take down a deck and replace with and addition and a new deck, also tear the driveway up, and put a screen porch over the existing deck. The Commission had not visited the site due to heavy rain on the scheduled day. Ms. Fink prepared a memo with her concerns. She disagreed with the wetland boundary flags and noted mowing going on in the wetland/Town Conservation Land, and also a swing set that needs to be removed. There are other neighbors that also appear to be mowing within the wetlands/Town land. The Commission discussed and amended the draft Findings and Conditions. Mr. Finch moved to issue a negative determination with Findings and Conditions as amended tonight, seconded by Bill Hecht. Voted 6-0-0 in favor. Public Hearing, Notice of Intent, 241 Pearl Street, DEP 270-408, RGB 2003-35 Procedures read, attendance sheet circulated, Commission introduced. . Patrick & Joanne Hathaway, applicants, were present. They propose an addition and deck to the rear of their house. Work will be done in compliance with 35' setback. Mr. Greene stated that there were no visible problems at the site visit. There did seem to be some communal dumping ground in the wetlands, and the Commission suggested that the Conservation Administrator should contact the abutters. The applicant also stated that he had talked to the neighbors and suggested that they cease and desist with the dumping. The Commission reviewed draft Findings and Conditions. Ms. Meier moved to. close the public hearing. Mr. Hecht seconded. Voted 6-0-0 in favor. Mr. Greene moved to issue an Order of Conditions for the project with the Findings and Conditions as drafted. Mr. Hecht seconded. Voted 6-0-0 in favor. Public Meeting, Request for Determination of Applicability, 53 Batchelder Road, RGB 2003-36 Procedures read, attendance sheet circulated, Commission introduced. Peter Tarasuk, applicant, was present. He would like to remove 6-7 trees in back of property, takeout overgrown bush, plant a lawn, extend existing fence on north side of lot line, put up new fence and relocate the shed. Mr. Greene stated that at the site visit the wetlands were not flagged and they were not sure of the property line. The shed may need to be brought up closer to the house to meet the 35-foot setback standard. Mr. Tarasuk said the green wire fence is the back lot _line. F 4 Minutes, Reading Conservation Commission August 13, 2003 Mr. Hecht questioned which trees were to be removed - marked or not? Mr. Tarasuk said they want to remove all trees with flags tied around them (more trees than were shown on the RDA site plan). The tree locations on the RDA plan also were not surveyed. Ms. Fink stated there were two letters from abutters and read them. One letter had concerns about flooding, and one had no concerns. After some discussion the Commission decided they needed more information about the wetland boundary, the trees to be cut, and other intended work. Mr. Finch moved to issue a Positive Determination. Doug Greene seconded. Voted 6-0- 0 in favor. Public Meeting, Request for Determination of Applicability, 24 Harold Ave, RGB 2003- 27 Procedures read, attendance sheet circulated, Commission introduced. Giorgio Fiorenza present. Applicant built a storage room under the existing deck, all work is done with exception of vinyl siding. Building Inspector has now approved the work. Mr. Greene stated that at the site visit there was mowing going on beyond the marked Zone of Natural Vegetation boundary. Mr. Fiorenza said he would tell his landscaper to cease mowing beyond the markers. The Commission noted that fines could be imposed if mowing does not cease. The Commission reviewed and amended draft Findings and Conditions. Mr. Greene moved to issue a Negative Determination with the Findings and Conditions as amended tonight. Ms. Longley seconded. Voted 6-0-0 in favor. Public Hearing, Notice of Intent, 553 Haverhill Street, RGB203-38, DEP 270-409 Procedures read, attendance sheet circulated, Commission introduced. Elizabeth Wallis, Hayes Engineering & Timothy Procopio, applicant, were present. Ms. Wallis said that an ORAD had been issued and the site had not been subdivided yet. The Applicant would like to construct new house, garage and driveway on a new lot. Work will be done within 100' of wetlands. The house is placed out of the 35' no-build zone. A stonewall separates the house from the river. The applicant hopes to share the existing driveway for both houses, but may have to build a new driveway over the new frontage for the existing house. There is a proposed silt fence approximately 35' from wetlands. The utilities are proposed from Haverhill Street for electric and sewer lines. Any excavating that is done with top soil and subsoil will be replaced in the same manner, reloamed and planted. Mr. Hecht asked whether the sewer line will replace the septic system. Yes it will. Existing septic system is next to house where new garage is proposed. Mr. Greene asked whether they would need a waiver from 25' to 35' zones. Yes they would for small part of driveway. Minutes, Reading Conservation Commission August 13, 2003 Ms. Fink passed out comments and went over these with the Commission and applicant. Additional information is needed. Mr. Greene moved to continue the Public Hearing to August 27, 2003 at 7:50 p.m.. Mr. Hecht seconded. Voted 6-0-0 all in favor. Ms. Meier moved to accept a minor project permit to replace an existing deck on 553 Haverhill Street. Ms. Longley seconded. Voted 6-0-0 in favor. Old/New Business 72 Van Norden, Order of Conditions - Mr. and Mrs. Hughes, owners, were present. Mr. Greene reported on the site visit. Mowing has been taking place beyond the Zone of Natural Vegetation and Conservation Restriction boundary. The Commission explained the purpose of the ZNV and that the limits of mowing were established in the Order of Conditions. The Commission suggested planting the ZNV with shrubs to restore the buffer. The Commission also requested a site plan showing the metes and bounds of the Conservation Restriction Area so that the Grant of Conservation Restriction can be finalized and executed. The Commission is working with David Johnson, the original builder on the conveyance of Lot 3B. The Commission can issue a Partial COC for the. Hughes's lot if they complete the work there. 28 Francis Drive -During site visit, everthing looked okay. Need as-built plan to confirm. Adams Way Subdivision, Order of Conditions - Need as-built site plans. Lot 2 may need swale and ZNV markers. 36 Pitman, Order of Conditions, DEP 270-385. No response to planting plan. Building inspector determined foundation of addition is not deep enough. Owner must take out or change grading. Architect said they would take out and try again. Commission asked to send violation notice to neighbor. 40-70 West Street, Environmental Notification Form - Ms. Fink submitted comments to MEPA during their site visit. 454 Grove Street, Enforcement Order - During site visit, slopes were stabilized and most trees and shrubs looked healthy. One maple tree has died. Letter to be sent asking them to plant replacement along with additional pines this fall. 538 Pearl Street; Determination of Applicability - A letter was sent by applicant requesting extension. Ms. Fink will send letter stating this is not legally possible. Commission Officers - -----Ms. Meier moved to reappoint Doug -Greene as Chairman and'William Finch as Vice Chair. Mr. Hecht seconded. Voted 6-0-0 in favor. Minutes, Reading Conservation Commission August 13, 2003 51/67 Sanborn Lane - Applicant paid excess filing fee. Ms. Longley moved to return filing fee in the amount of $450.00 to the applicant. Mr. Hecht seconded. Voted 6-0-0 in favor. Ms. Fink also reported that an appeal of the Order of Conditions was submitted to DEP. Minutes - Mr. Finch moved to accept the Minutes of June 4, 11, and 18 and July 30 as amended. Ms. Longley seconded. Voted 6-0-0 in favor. 178 Haverhill Street Ms. Meier moved to approve the minor project permit for a shed at 178 Haverhill Street. Mr. Hecht seconded. Voted 6-0-0 in favor. 47 Batchelder - Mr. Finch moved to approve the minor project permit for a fence at 47 Batchelder Road. Mr. Hecht seconded. Voted 6-0-0 in favor. Elementary School, Sunset Rock Lane - Ms. Meier made a motion and Mr. Hecht seconded to issue an Extension Permit under Reading General Bylaws, Section 5.7 to March 28, 2005, the date upon which the State Order expires. Voted 6-0-0 in favor. A letter will be sent to the Superintendent with the Extension concerning site conditions. 69 Eastway - As-built was submitted and work is complete. Ms. Meier moved to isssue a Certificate of Compliance for the addition at 69 Eastway. Mr. Hecht seconded. Voted 6-0-0 in favor. 294 Main Street/ Fleet Bank - Work has not resumed under the Enforcement Order. Ms Fink will contact owner and consultants. 49 Grey Coach Road and 37 Latham Lane - The Commission received status reports on both cleanup projects. Walkers Brook Crossing - Received reports on status of work, including areas where hay bales are rotting and sediments are getting over them. Ms. Fink contacted Eric Rulison and Ed Shaw to request repairs, will follow-up with site visit. Barrows Elementary School - Received plan for addition to school, including drainage improvements. There is a wetland on site. Ms. Fink will attend DRT meeting next Tuesday. Ms. Lloyd moved to adjourn meeting at 11:00p.m. Ms. Meier seconded. Voted 6-0-0 in favor. 7