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HomeMy WebLinkAbout2003-04-09 Conservation Commission MinutesMinutes, Reading Conservation Commission, April 9, 2003 K ER o Minutes of the Reading Conservation Comm1 issisi1 Selectman's Meeting Room, Town Hall -;°'r' April 9, 2003 J~ 11: Present: Doug Greene, Chair; Pat Lloyd, Vice-Chair; Larry Goulet, Karen Schneller, Commissioners; Leo Kenney, Consultant; Fran Fink, Administrator; Kelley Meier, Recording Secretary. Absent: William Finch, Thad Berry, Commissioners; Harold Hulse, Consultant. The Chair calls the meeting to order at 7:07 PM. Oid/New Business 14 Strawberry Lane, Preliminary Proposal Mona DeAngelo, owner, Mark Favalaro, attorney, and John Ogren, engineer, were present. Mr. Favaloro passes out a new site plan for a smaller house on the site. John Ogren from Hayes Engineering reviewed the details. Mr. Kenney arrives at 7:09 PM. About 2,500 square feet of the wooded area would be disturbed, or about 400 square feet less than the plan recently denied. The house would meet zoning setbacks and would be about 60 feet from the BVW boundary. Roof infiltrators and shrub planting would be included. Ms. Schneller arrives at 7:12 PM. Mr. Kenney makes a few comments. There doesn't seem to be a big reduction in impact area. Need to protect the vernal pool organisms, not just wood frogs that have been discussed at the past few meetings. He mentioned that there had not yet beena wildlife habitat evaluation during the vernal pool season. Mr. Favalaro wanted to know if this site plan accepted by the Commission. Would this be workable? The clock is ticking. The applicant would like to work with the Commission for this project and put heads together in order to work things out. Ms. Lloyd said that the Commission could not make any definitive decision because information and procedures are incomplete this evening. Mr. Kenney wants to know how the house is not adverse since it will remove habitat. He did not agree that shrubs would offset the loss of trees. He asked whether off-site mitigation had been considered. Ms. Lloyd asked whether there was any habitat on Lot 3 and whether the ZBA might relax the lot line setbacks to get the house farther from the pool. Mr. Favaloro thought the abutters might be opposed to relaxing the setback from the lot line. Ms. DeAngelo has spoken_with_the next door- neighbor and the neighbor is against the house coming any closer to the lot line. Minutes, Reading Conservation Commission, April 9, 2003 Ms. DeAngelo asked for suggestions for mitigation and said that she will take them into account and see what they can do. Discussion continued about vernal pool habitat impacts and mitigation but without any specific resolution or decision. 7:35 PM - Public Hearing, Notice of Intent, Robert and Maureen DeLuca, 18 Symonds Way, RGB 2003-7 The applicants are present, with Jack Sullivan, engineer from North Andover whose father-in-law is Mr. Deluca. Mr. Sullivan goes over subdivision of lot from 321 Haverhill Street, recent ORAD, and proposed house and driveway plans. Mr. Greene went on a site visit this past Sunday and went over the site visit notes. There are some vernal pools off site. Ms. Fink's passed out a memo and went over it. The applicants were willing to cease mowing the BVW and the ZNV within 25 feet (previous owner has been mowing). Mr. DeLuca would like to retain as much of forest cover as possible between house and hockey rink, but needs to remove a few trees to get proper grading for house and driveway. There is a large amount of burnt brush that is in the back by the wetlands that Mr. Deluca would like to have permission to take out by hand. Mr. DeLuca has received a DEP number, along with Ms. Fink. Ms. Fink will begin drafting Order of Conditions. The wetland on site needs to be examined more closely for indicators of vernal pool habitat. Ms. Lloyd moves to continue the Public Hearing to April 30 to 8 PM. Ms. Schneller seconds. Voted in favor, 4-0-0. 8:06 PM - Public Hearing, Notice of Intent, Kenneth Cain, 20 Melendy Drive, RGB 2003-8 Mr. John Ogren is present, along with Mr. Brad Latham, and Mr. and Mrs. Cain. Mr. Ogren presented the proposed site plan for a house and driveway. There is a BVW line on the back of the property. The BVW was determined back in 1998 when the area was being subdivided. The Commission felt at the time that there were wetlands plants before the BVW line and hired an outside consultant and came up with another line. The A-line is the edge of the BVW.. There is an existing storm water management area on the property for Melendy Drive runoff. It is sized to accept runoff from up to 2760 square feet of impervious cover on the lot.. There is no Zone A floodplain on the property, but a 100=year flood elevation was determined by engineering calculations during the subdivision approval process and is shown on the plan. Mr. Greene reported observations from the site visit this past Sunday. He asked whether soils tests had been done and noted the red maple canopy above the A-series wetland line. Mr. Ogren said he had looked for soils data but.had not found any. He passed out a letter from ENSR dated January 29, 1998 when the soils testing was done. There were no field data forms submitted by ENSR. --Ms. Fink submittedand reviewed a memo describing more of the historical records and noting that the OOC and COC for the subdivision had placed a permanent restriction on 2 Minutes, Reading Conservation Commission, April 9, 2003 development in parts of the lot. The proposed driveway was not in compliance with this restriction. She also presented site visit observations that would put the BVW boundary above the A-series flags. She recommended that the site plan be altered to meet the restriction, or that a new delineation be made at this time. Several Commissioners expressed a preference for complying with the restriction. Mr. Latham said they would consider revisions, but they also wanted to examine the previous OOC and might ask for a change in the restricted area. Ms. Fink noted that the OOC had not been appealed over this question. Ms. Lloyd moves to continue the Public Hearing to April 30 at 8:15 PM. Ms. Schneller seconds. Voted in favor, 4-0-0. 8:46 PM - Public Hearing, Notice of Intent, Albert Garbarino, 32 Old Farm Road, RGB 2003-9 The applicant, Mr. Garbarino presented a site plan to install an in-ground swimming pool. A 20 by 40 pool would be built, a 16 foot patio and 4 foot patio in the back, with a filter system. The rectangle on the plan includes the pool and patio and safety fence. Mr. Greene reported site visit observations from the past Sunday. He noted that Mr. Garbarino had discussed possible locations for the pump and filter system, which are not shown on the site plan. Ms. Fink submitted and reviewed a memo. The site previously had a ledge outcrop in the back yard. The outcrop was removed by a previous owner and the back yard was leveled. It is possible that more ledge exists in the proposed pool area. Rosemary De Benedetto, abutter, stated that the former owners did some blasting on the property, and there is extensive rock on the property. She asked about noise levels from the pump. Would people on Haystack Road hear and be disturbed by the noise? Would there be new greenery be put in? She thinks that it's great to have a pool for a young family, but the neighbors need to be taken into consideration for the noise. Is there any reason why the pool is being put in the upper left of the yard instead of closer to the house? Mr. Garbarino said the noise is like an air conditioner and a fence will be placed around the pump to muffle sound. He asked that the OOC be worded to permit an above-ground pool if the ledge is too extensive for an in-ground pool. Ms. Lloyd moves to continue the Public Hearing to April 30 at 8:30 PM without further notice to abutters. Mr. Goulet seconds. Voted in favor, 4-0-0. Old/New Business Van Norden/Fairchild LIP, Preliminary Proposal Mike Turgeon and Robert Scarano were present They had mailed a document called "Factual Analysis" to the Commissioners before the meeting. Members had received it on April 8 or 9. The analysis shows three different designs for possible condominium development. Mr. Turgeon reported a site visit with Ms. Fink and Mr. Finch to examine edge of water in vernal pools. The water from the northern pool joins with the water from the southern pool on the east side of the D island. The HH line on previous plans is not accurate. The ponding extends to K7 and J9 at the heat of the intermittent stream. The pording does not connect the two pools on the western side of the D island, but the HH line is also 3 Minutes, Reading Conservation Commission, April 9, 2003 wrong on that side. The CRLVP flags on site are closer to a correct boundary for the edge of water. The vernal pool to the west is accurately marked by the VP flags hung in 2000. He suggested a second site visit with Ms. Fink and one or more Commissioners to flag the edge of water so that it can be surveyed onto the site plan. Mr. Turgeon noted that the appeal of the ORAD is still pending with the DEP. He suggested that DEP could approve the vernal pool boundaries as part of a Superceding ORAD, after approval by the Commission. Another question raised in the ORAD is the extent of flood plain on the site. He suggested that the present ponding appears to follow the 110-foot contour, with the BVW line along the 112-foot contour, and thus the flood elevation might be 111. Mr. Turgeon noted that the 3 designs in the proposal were drawn before checking the edge of water. The 16-unit plan gives the best setbacks, but would need modification in light of the observed boundaries. He anticipates that the revised design would still require a variance from the 100-foot setback for vernal pools. To offset impacts, the developer is proposing a permanent restriction on the central/wetland portion of the site and the parts of the Buffer Zone not needed for development. He is also offering drainage improvements for street runoff upgradient of the site to improve water quality in the vernal pools. Mr. Kenney had some reservations about whether the mitigation offered would offset the impacts on habitat and wetlands. He suggested looking for off-site improvements to make up for the loss on this site. He also asked for a clearer plan showing work and restricted areas. He suggested the applicant consider deeded the restricted area to the Town. He asked what is known about runoff quality from existing up-gradient sites. Mr. Turgeon said some of the sites only have catch basins. Mr. Scarano offered putting oil hoods on the catch basins, but said they, have not yet analyzed the existing systems in detail. Ms. Fink suggested combining some individual units into larger buildings to get better setbacks. Mr. Scarano said the abutters were concerned about the single-family character of the area, but he could explore other layouts. Ms. Fink noted that DEP still has not responded to the appeal of the ORAD. She recommended that the appeal be withdrawn and the vernal pool boundaries and additional flood level analysis be submitted for an Amendment to the ORAD in Reading. She noted that the public review process would best be served by starting at the local level, where the Commission and abutter could participate fully. Mr. Scarano said he was willing to approach it that way. Ms. Lloyd said that she needed more time to review the designs and had only received them that day. She asked about possibilities for trails through the northern end of the site or connecting to abutting Town Conservation land. Mr. Turgeon said trails might be possible along the stone walls where the land is less wet. Perhaps trails could also be 4 Minutes, Reading Conservation Commission, April 9, 2003 developed or existing trails opened to the public on abutting private land to provide access from existing streets. The Commission asked how much of a commitment was being offered for off-site drainage improvements and whether it would include more than oil hoods. Mr. Scarano mentioned "baysaver" type water quality units to help remove TSS. A date was set to return and flag the vernal pools on April 11 at 9:30 AM. 24 Harold Avenue, DEP 270-303., RGB 1998-13, Request for Certificate of Compliance and Bond Release The site looks stable. Ms. Fink sent them a letter last July, they owe several documents. She will send another letter. 112 Colonial Drive, DEP 279-128, RGB 1984-14, Request for Certificate of Compliance Two Certificate Of Compliance were signed. There were re-issued because the originals were not recorded. Sanborn Lane between #51 and 67, Comprehensive Permit Application Comments will be sent for the ZBA hearing on April 24. They will draft the Comprehensive Permit decision soon. 468 West Street, Draft Comprehensive Permit The applicants were supposed to be on tomorrow night, but the hearing postponed to April 22. 40-70 West Street, Draft Comprehensive Permit The hearing was last week. There is a revised comprehensive permit, supposed to be redrafting it. Stream Team, Earth Day event proposal The Stream Team would like to use Biller Conservation Area for a picnic. The Commission approved the use. Ms. Lloyd moves to adjourn. Ms. Schneller seconds at 10:00 PM. Voted 4-0-0 in favor.