HomeMy WebLinkAbout2003-02-12 Conservation Commission MinutesMinutes, Reading Conservation Commission, February 12, 2003
V. ED
Minutes of the Reading Conservation Commission CLERK
Selectman's Meeting Room; Town Hall -i MASS.
Wednesday, February 12, 2003
Present: Doug Greene, Chair; Pat Lloyd, Vice-Chair; Larry Goulet, Will Finch, Thad
Berry, Karen Schneller, Commissioners; Harold Hulse, Leo Kenney, Consultants; Fran
Fink, Administrator; Kelley Meier, Recording Secretary.
Absent: none O O O O
Meeting comes to order at 6:58 PM.
Old/New Business
10 Cory Lane, DEP 270-287, RGB 1996-15
Ms. Lloyd moves to approves the Municipal Certification for the Grant of Conservation
Restriction.. Mr. Finch seconds. Voted in favor, 5-0-0.
Ms. Lloyd moves to issue the Certificate of Compliance. Mr. Finch seconds. Voted in
favor, 5-0-0.
Ms. Lloyd moves to release the bond in its entirety. Mr. Finch seconds. Voted in favor,
5-0-0.
49 Grey Coach Lane
The Commission reviewed the proposal to place a Notice of Activity and Use Limitation
on the deed for the site. The Commission decided not to take any action on the matter.
Ipswich River/I-93 Restoration, DEP 270-246, RGB 1992-21
The Commission reviewed photos and restoration report submitted by BSC. Mrs. Fink
also had documentation from Peter Tassi that the treatment building, equipment and
debris near Route 93 had been removed in 2000.
Ms. Lloyd moves to issue a Certificate Of Compliance. Mr. Finch seconds. Voted in
favor, 5-0-0.
Austin Prep, DEP 270-331, RGB 2000-4
Ms. Fink had sent out memo concerning work remaining to complete the project. The
Commission goes over it and decides to wait for a response from the school.
33 Line Road, DEP 270-366, RGB 2002-4
A site visit had been done. Things look to be in order, but can't tell about landscaping
due to snow. Need recording information. Need temporary utility pole and truck cap
removed. Ms. Fink will send out a letter.
Varney Circle Subdivision, DEP 270-249, RGB 1992-25
A resident requested a new Certificate Of Compliance suitable for recording. The
original was not recorded by the developer.
favor, 5-0-0.
Minutes, Reading Conservation Commission, February 12, 2003
Sunset Rock Lane Subdivision
Ms. Fink updates Commission. The only person who has not yet signed the Grant of
Conservation Restriction is Peter DeGennaro. The bank has not yet sent the bond for tree
planting. There are 2 houses up for sale - Lots 5 and 6, as well as Lot 4. The
Commission asked Ms. Fink to prepare Partial Certificates Of Compliance for the
individual lots where work is complete. A letter will be sent to Mr. DeGennaro.
Mr. Kenney arrives at 7:13 PM.
Sanborn Lane Comprehensive Permit Application
Ms. Fink reported on matters discussed at the most recent ZBA hearing. The Fire
Department sent memo to ZBA asking for wider roadway, turn-around, and other items
that will further strain the site.
468 West Street
There is not much new. They will be at the next ZBA meeting, and they will be drafting
a comprehensive permit.
40-70 West Street
There is not much new.
Van Norden Road/Fairchild Drive LIP
Mrs. Fink reported on the working group meeting this past Friday.
There will be site visit in Tewskbury on 2.22.03 at 9 AM, for those who are interested.
Ms. Schneller arrives at 7:21 PM.
306 Main Street
Ms. Fink reported that Tyree had submitted two new documents to DEP and the
Commission had received copies. Neither document described any new work.
Annual Report
The Commission reviewed the draft annual report. Mr. Goulet asked that there be a
comment about Monihan Lumber donating building items for Boy Scouts. Ms. Fink will
add Mr. Goulet's comments and submit the final version for the Warrant.
7:24 PM - Public Hearing, Notice of Intent, 14 Strawberry Hill Lane, DEP 270-381,
RGB 2002-35
Mona DeAngelo is present, along with Nicole Hayes from Sanford Ecological Systems
and John Ogren, engineer.
Ms. Hayes repeated the conclusion from the HEP analysis presented at the last hearing,
Ms. Fink handed out a memorandum and reviewed the questions raised, including
questions about the square footage of various existing and proposed areas on the site.
She asked why the HEP analysis did not give a value of 1.0 for the'first variable to credit
the vernal pool. Ms. Hayes said it was not included because it was not on the site.
Minutes, Reading Conservation Commission, February 12, 2003
Mr. Finch mentions that the HEP analysis can be difficult when the site is relatively
small.
Mark Favaloro entered the hearing.
Mr. Greene asked whether the applicant was ready to close the hearing. Mr. Favaloro
said there was nothing further to submit.
Mrs. Fink noted that her memo requested additional information.
Mr. Berry said that he did not think soils tests were needed for the roof infiltration system
at this time.
There was discussion about the HEP analysis and the alternative calculations prepared by
Mr. Greene and Mr. Finch for the last hearing.
Mr. Finch questioned whether the proposed shrubs would survive under the Norway
Maple canopy and whether the removal of a significant area of the tree canopy would
leave adequate core habitat area on the site.
Mr. Ogren stated that a soils test had been conducted on Lot 1. Groundwater there was at
elevation 236. The proposed drywells on Lot 2 are at 239. He stated that the proposed
design for the Lot 2 infiltrators is based on an assumed percolation rate and that the
system will store the 1-year storm volume. He stated that the existing 4-inch roof drain
could be extended to assure that it conveys runoff to the vernal pool watershed.
Mr. Favaloro noted that the neighbors supported the proposed house and were not
concerned about the habitat. He asked the Commission to issue an Order to Mrs.
DeAngelo.
Mr. Berry makes motion to close the public hearing. Mr. Goulet seconds. Voted, 4-0-1.
- ' Mr. Kenney noted that the Town Bylaw and Regulations protect the full vernal pool
habitat, not just the wood frog species that has been observed on the site. He also noted
that wood frogs are known to migrate through the forest more than 100 feet from vernal
pools. He noted that the applicant had previously subdivided and developed the
remainder of her property as a multi-lot subdivision. He suggested that, if the
Commission approves the project, they should include a condition that the shrubs be
planted and demonstrate complete growth before the clearing and building starts.
Mr. Berry makes motion to approve the project and issue and Order of Conditions. Mr.
Goulet seconds. Voted, 3-2-1. Motion does not pass because 4 votes are required under
the Town Charter to pass a motion.
Ms. Fink will draft a denial for the next meeting.
8:00 PM - Public Meeting, Request for Determination of Applicability, 56 Lawrence
Road, RGB 2003-1
Ms. Eaton is present and goes over what she would like to do. She has not opened her
pool in 7 or 8 years and can not financially afford it. She has two kids and the
neighborhood kids go over the fence and go right on top of the cover. She wants to
remove the pool for safety reasons and restore the area as lawn.
Ms. Eaton will take the chain link fence out of the middle of the property.
Minutes, Reading Conservation Commission, February 12, 2003
There is an intermittent stream going through the property. The Commission reviewed
draft conditions and amended them.
Mr. Finch moves to issue a negative determination with conditions as amended. Mr.
Berry seconds. Voted in favor, 6-0-0.
8:11 PM - Public Hearing, Notice of Intent, 320 Haverhill Street, DEP 273-276, RGB
2003-2
Steve Erikson, Brad Latham, and Wayne Keefner are present for the applicant.
Mr. Eriksen submits new materials and Mrs. Fink distributed materials received on
February 10.
Mr. Eriksen gives a presentation on existing and proposed conditions. The site includes
an intermittent stream and BVW. The construction of the building will be outside of the
buffer zone, however part of the drainage will be inside the buffer zone. Pervious pavers
will be used in the back end of the property. The driveway will be expanded in the
entrance part and will have a gravel trench to intercept runoff and prevent flooding Qn
Haverhill Street. Roof runoff will be infiltrated and runoff from the western end of the
driveway will be infiltrated, with a pump for overflow conditions.
Ms. Fink mentions that she got the file number from DEP. She goes over her memo. She
thinks that this should be continued until the next meeting so that every one has had a
chance to look at the new material that was passed out earlier this evening (Supplemental
Notice of Intent Information). Ms. Fink received this yesterday afternoon.
In response to the memo, Mr. Eriksen said that he would agree to move the BVW
boundary as suggested in the memo, and noted that the proposed work would still meet
setbacks.
Mr. Keefner described a change in the proposed discharge from the pump behind the
barn. Instead of conveying this water to the roof infiltration system, they propose to pipe
it towards the stream using the existing piping. Ms. Fink noted that the exsting pump
system was installed in the buffer without a permit and that the exact location and
condition of the discharge pipe has not yet been determined.
The VNA would like to take down the garage over the next couple of weeks and put in a
foundation for the proposed addition prior to receipt of the Order of Conditions. The
work area is outside the Buffer Zone. They would the Commission to sign off on the
demolition and foundation permits.
Mr. Berry said he would approve the proposed timing with certain conditions: the
erosion control is in place; any storing of materials should be on the north side outside the
Buffer; the applicants will be starting this project at their own risk; and the driveway will
be swept to prevent tracking sediments off-site or into the buffer zone.
4
Minutes, Reading Conservation Commission, February 12, 2003
Brad Latham agreed to have the applicant write a letter setting forth these conditions and
deliver it to Ms. Fink. With this understanding, the Commission authorized Ms. Fink to
sign off on the demolition and foundation permits.
Ms. Lloyd moves to continue the public hearing until February 26 at 7:30 PM with no
further notice to abutters. Mr. Finch seconds. Voted in favor, 6-0-0.
14 Strawberry Hill Lane
Mark Favaloro returned to the meeting and asked whether the 3-2-1 vote just taken
constituted an approval under the Wetlands Protection Act and a denial under the
Reading General Bylaws. The Commission asked Ms. Fink to consult Town Counsel on
the matter.
8:34 PM - Public Hearing, Notice of Intent, 48 Woodland Road, RGB 2003-3
Mr. Merullo is present and goes over a proposal to remove a screened porch and then
construct an addition and a deck on the back of his house.
Mr. Green report on the site visit. The work area is in the outer Riverfront Area. Erosion
controls will be needed.
The Commission reviewed draft Findings and Conditions. Mr. Merullo provided
information about the size of the porch and deck. The Commission noted that they have
not yet received the DEP file number or comments from MNHESP.
Mr. Berry makes a motion to continue this public hearing to February 26 at 7:45 PM,
with no further notice to abutters. Mr. Goulet seconds. Voted in favor, 5-0-0.
8:41 PM - Public Hearing, Notice of Intent, 1364 Main Street, DEP 273-387, RGB
2003-4
Willie Sclarsic, Scott Cameron, Alex Spiegel, and Bob Lucier are present for the
applicant.
Mr. Sclarsic presented information about the Medicaid and Medicare regulations that
govern the existing nursing home. The regulations limit them to one 12-bed addition
unless they go through a Certificate of Need process. They propose to add room for 12
beds, expand the day room on the eastern side, and add a deck. They will need to
relocate the fire lane.
Scott Cameron goes over where the new additions would be. The new bedrooms must be
within 100 feet of the nursing stations. He described the wetlands resources around the
site. There are two issues: there is an outstanding Certificate Of Compliance that they
have not received yet for the original building, and the additions in the front are inside the
setback zone. The plants in the replication areas for the original project are invasive
species and need replacement with native wetlands plants. They will need a variance for
the setback. They need to maintain fire access around the building and are proposing
pervious pavers for parts of the fire lane because the site is in the Aquifer Protection
District and already has about 38 % impervious cover.
Ms. Fink about the Phragmites. They are proposing to cut them and then apply herbicde
Minutes, Reading Conservation Commission, February 12, 2003
to the cut stems to kill them. They will plant a mixture of rushes, sedges, grasses, and/or
cat tails.
Mr. Cameron notes the issues that Ms. Fink has pointed out in a memorandum.
Mrs. Lloyd asks for clarifiaction of the fire lane - will it extend right to top of stream
bank? Mr. Cameron said that it would, and the existing row of trees would be lost. They
would put a gravel bed under the fire lane, then install pervious pavers and plant grass
between them. They could plant trees on the eastern bank of the stream.
Mr. Cameron stated that soils tests for the proposed roof infiltrators could not be carried
out until March. These are proposed to help recharge the aquifer. If the proposed soils
do not perc, they will seek other locations on site.
Mr. Sclarsic noted that there is a concrete deck where they would like to build the
addition. They would like to put a semi-permeable deck nearby. They can't move the
nurses station because it is right in the middle of the wing.
Mr. Finch asked whether the Fire Department would approve the width and materials of
the proposed fire lane. Mr. Sclarsic said that the state Fire Code seems to require 14 feet
and they propose 15 feet, but the Fire Chief did ask for 18 feet at a recent meeting. The
site can not provide 18 feet without direct wetland impacts.
Mr. Finch asked whether they could expand off the north end of the building instead of
the east. Mr. Sclarsic said that would be too far from the nurses station. Mrs. Schneller
asked whether the station could be moved. Mr. Sclarsic said it would be very difficult.
Mr. Kenney noted that they are asking for variances from both wetlands and aquifer
protection standards for a site that is already not in compliance. He noted that the Town
already has a problem with drinking water supply and the Ipswich River. He questioned
whether this site is the best place for additional beds. Mr. Sclarsic replied that they are
working to address the wetland problems and that the site will not have any more
impervious cover in the end .than it does now.
Ms. Fink asked about the two sheds on site. Mr. Cameron said that they could be moved
out of the ZNV. Mr. Sclarsic said one shed can be removed, the other one is needed to
store flammables and has to be at least 10 feet from the building. The Commission asked
for a proposed site and for proper storage for flammable materials.
Ms. Fink goes over her memo and the memo that Joe Delaney has sent out.
Mr. Goulet mentions that the older problems need to be taken care of first and the
additions later, so this needs to be continued to a later date and the old problems should
be taken care of.
dialog with the board in order to get some items solved. They wanted to give all the
6
Minutes, Reading Conservation Commission, February 12, 2003
issues tonight and then at the next meeting, bring all the engineering calculations at the
next meeting. Mr. Sclarsic will do anything and is happy to do it in order to fix the items
that need to be fixed. They are happy to start the ZBA process now if necessary.
Ms. Lloyd mentions that she does not feel comfortable telling what process the applicants
need to go in, in order to do what needs to be done.
Ms. Fink mentions that the Fire Department should be contacted for the width of the fire
lane.
Mr. Berry makes a motion to move this meeting to February 26 at 8 PM. Mr. Goulet
seconds. Voted in favor, 6-0-0.
Old/New Business
Request for transfer of funds from Wetland Fee Fund to General Fund
Mr. Berry makes motion to approve the transfer of $5,000 from the Wetland Fee Fund to
the Conservation Salary line of the General Fund. Mr. Goulet seconds. Voted in favor,
6-0-0.
58 Chequessett
Mr. Berry makes motion to approve minor project for shed. Ms. Lloyd seconds. Voted
5-1-0.
AmeriCorps
There is an opportunity to have a work crew some the Reading this summer to work on
Conservation Land improvements. The hunting policy working group was interested in
this. The Commission discussed several types of work the a crew could do. The
Commission authorized Ms. Fink to send in an application.
33 Dividence Road (demolition)
Mr. Berry makes motion to approve minor project for demolition of a small house. Ms.
Lloyd seconds. Voted 6-0-0.
166 Grove Street(shed)
Mr. Berry makes motion to approve closing the minor project for a shed. Ms. Lloyd
seconds. Voted 6-0-0.
Master Plan
Mr. Finch volunteered to be the Commission's representative on the Master Plan
committee.
Ms. Lloyd makes motion to adjourn at 9:50 PM. Mr. Berry seconds. Voted in favor, 6-0-
0.
7