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HomeMy WebLinkAbout2002-12-18 Conservation Commission MinutesMinutes, Reading Conservation Conunission, December 18, 2002 Minutes of the Reading Conservation Commission Selectman's Meeting Room; Town Hall Wednesday, December 18, 2002 Present: Doug Greene, Chair; Larry Goulet, Karen Schneller, Will Finch, Thad Berry, Commissioners; Harold Hulse, Leo Kerney, Consultants; Fran Fink, Administrator, Kelley Meier, Recording Secretary. The Chair calls the meeting to order at 7:03 PM. Old/New Business Order of Resource Area Delineation, 119 Van Norden Road, DEP 270-383, RGB 2002-37 Ms. Fink gave the Commission copies of a letter faxed that afternoon from Mr. Scarano stating that he could not be present and commenting on the draft ORAD. She noted that, because the hearing had been closed on December 4 and Mr. Scarano had not offered an extension of the time period for the decision, the decision had to be made by tonight. She noted that the Commission's site visit report needs to be added to the file. The Commission went over the draft ORAD and reviewed the letter sent by Mr. Scarano earlier today. The Commission amended the draft GRAD. Mr. Berry made a motion to approve the ORAD for 119 Van Norden Road and the end of Fairchild Drive with the attachment as amended during the meeting. Mr. Goulet _ seconded. Voted in favor, 5-0-0. The Commission asked Ms. Fink to note in the cover letter that the vernal pool season is coming up and thought the pools could be delineated this spring by direct observation. Mr. Kenney mentioned that we already have the high water marks for the vernal pools from the 2000-2001 site visits. 1375 Main Street, DEP 270-353, RGB 2001-11, Request for Occupancy of Units 4, 5, and 6 Present: Donald Van Dyne, developer. The Commission reported observations from a site visit done 12/15/02. There were some erosion problems on site. There were some tire marks in the lawn that occurred shortly after the first two owners moved in. The gutters are not in yet on 3 and 4. Mr. Van Dyne said that the tire marks were from the new owners. The Commission requested that he rope off the seeded areas to prevent further intrusions and repair the ruts. Van Dyne submitted anew letter of credit from Middlesex.Federal in.the amount of $50,000 with more site-specific language than the letter that was about to expire. He stated that the gutter on Units 5 and 6 had been connected to the infiltrators, and the Minutes, Reading Conservation Commission, December 18, 2002 additional chambers had been installed. Gutters and infiltrators had not been completed for Units 3 and 4. Ms. Fink reported that she and Town Counsel had reviewed the letter of credit and found it acceptable. Other documents related to the condo association were still under review. The splash pads need to be put in for the downspouts on Unit 8. A lot of work crews have been parking on the muddy areas. There are supposed to be 4 non-resident parking spots but they are presently in use for stockpiles. The driveways for units 4, 5, and 6 have not been paved yet. Mr. Greene raised concerns about the extent of disturbed soils and sediments washing down the driveway. Hay mulch needs to be put where soil it isn't stablized yet and needs to be thick enough so that you can't see the dirt. Mr. Berry made a motion to authorize Ms. Fink sign off on Certificates of Occupancy for Units 4, 5, and 6 provided that the following items have been completed: 1. Gutters, downspouts, underground connections and 3 additional chambers installed to complete roof runoff system for Units 3 and 4; 2. Hay mulch or other stabilization applied to all bare soils; 3. Rope off hydroseeded areas and repair ruts; 4. Apply binder coat to all driveways. Ms. Schneller seconded the motion. Voted in favor, 5-0-0. 7:48 PM - Public Hearing, Notice of Intent, Harvest Road, DEP 270-372, RGB 2002-17 The applicant had sent a letter requesting to continue the hearing to January 8 at 7:30 PM. The applicant does plan on paying the fee. Mr. Berry made a motion to move the meeting to January 8 at 7:30 PM. Mr. Goulet seconded. Voted in favor, 5-0-0. 7:52 PM - Public Meeting, Request for Determination of Applicability, 473 Lowell Street, RGB 2002-38 Present: Anthony Johnson, contractor, and Nancy Sweeney, owner Mr. Johnson presented the plan. The deck is going to be taken down and would like to put up a new one the same exact size, but with roof and enclosed and also put in a new garage. The current deck is rotting and would need to be taken down soon anyway. Deck would be on concrete footings. Garage would be slab on frost wall foundation. Mr. Finch reported the site visit notes. - - Ms. Fink reported site visit notes and-presented. a draft attachment for the Determination. - - 2 Minutes, Reading Conservation Commission, December 18, 2002 Mr. Berry made a motion to issue a negative Determination with conditions as drafted. Mr. Goulet seconded. Voted in favor, 5-0-0. 8:04 PM - Public Meeting, Request for Determination of Applicability, 57 Longwood Avenue, RGB 2002-24 Present: John Santullo, applicant and Fred Russell, engineer Mr. Santullo submitted a new site plan and drainage plan for this project. Fred gave a presentation. The Town Engineer had reviewed the inforination and had given his thoughts in a memo that was distributed during the meeting., Mr. Greene noted that the drainage calculations did not use 7 inches for the 100-year storm. Mr. Russell responded that the predicted water elevation in the swale would only be 2 inches with a 6.5-inch storm, so the swale would contain the 7-inch storm adequately. Mr. Finch asked how the swale would function when the ground was frozen. Mr. Russell responded that the drainage calculations assume frozen ground. In frozen conditions, the amount of runoff is near 100 per cent. Ms. Fink asked whether the proposed roof pitch would channel water into the roof between the house and garage and cause leaks. Mr. Russell stated that they could make the ridge line run the other way. The majority of the run off is going to be on the upper part of the driveway where it will be flat. Mr. Greene asked whether flow would be concentrated at the bottom of the driveway. Mr. Russell said the driveway is small and will only produce 0.6 cfs in a big storm, so there should not be a problem with scouring. Mr. Greene asked whether check dams or terraces could be placed in the swale to slow the discharge rate, and Mr. Russell stated that they could. Mr. Berry asked about the proposed edge of pavement at the lower end. Mr. Russell stated that the present parking area by the road will be removed and the driveway roundings will join the roadway pavement. Ms. Fink noted that the proposed grades at the upper end of the driveway fall from 122 to 116 and the slope is steeper than 3:1. Mr. Russell said the slope could be cut back to 3:1. Ms. Fink also noted that Joe Delaney should be consulted by the applicant about obtaining the driveway and the sewer/water permits. The proposed slopes may not meet the engineering standards. - -Mr. Berry made a motion to continue the public meeting to January$ at 7:45.PM. Mr. t`'J Finch seconded. Voted in favor, 5-0-0. The Commission asked Ms. Fink to draft a - ` Determination for that meeting. Minutes, Reading Conservation Commission, December 18, 2002 8:27 PM - Public Hearing, Notice of Intent, 14 Strawberry Hill Lane, RGB 2002-35 Present: John Ogren from Hayes Engineering, Mona DeAngelo, applicant, Mark Favaloro, attorney, and Nicole Hayes of Sanford Eclolgical, wildlife habitat consultant. Mr. Ogren presented a revised site plan. The driveway drainage will be going towards the street. Easement for 4-inch pipe will be moved. Proposes 4 dry wells to help to recharge groundwater. Provides inverts of 6-inch clay pipe. Adds 245-foot contour. Provides drainage calculations and water budget to vernal pool. Ms. Fink reported that Joe Delaney had looked at the drainage calculations and recommended that soils tests be done for the infiltrators. Ms. Hayes presented an analysis of the wildlife habitat. There are 3 habitats on site - vernal pool, upland woodland, and herbaceous/shrub community near street. She found earthworms, slugs, and insects in the leaf litter on site that provide food for amphibians, including wood frogs. Wood frogs use the vernal pool to breed and use the upland woodland for food, shelter, and cover. In portions of the site that remain undisturbed by construction (7,800 square feet vs. 3,500 to be altered), these are expected to remain also. The aquatic life in the vernal pool will not be impacted. She did not find migratory pathways such as stream corridors for the frogs to move from this area to other wetlands, thus this population is isolated. She has proposed planting numerous shrubs under the forest canopy to improve the habitat for the frogs. Mr. Greene asked whether Ms. Hayes had determined the habitat suitability index. She answered that she had not. Mr. Kenney questioned whether wood frogs hibernate in vernal pools, as stated in Ms. Hayes written report. He said that the example given for home range in the report is for bogs, and may not be the same as for upland woodland. Ms. Hayes said there was not a lot of information in the literature on upland woodland home ranges. Mr. Kenney thought that a study had been completed recently by Brian Windmiller. Mr. Kenney said that, if this particular population of wood frogs is an isolated population, and if 3,500 square feet of their habitat is destroyed and 7,800 preserved, then the project will destroy a significant percentage of their habitat. Recent development of the rest of Strawberrry Hill Lane has already reduced the available upland woodland habitat. He noted that the size of the population had not yet been determined, which might help determine whether the preserved area was large enough. Mr. Kenney noted that the figures attached to the report were difficult to read. Ms. Hayes passed around an original color copy which was much clearer than the black and white versions in the report and stated that she would mail a color copy to the Commission. Minutes, Reading Conservation Commission, December 18, 2002 Mr. Finch asked what factors the Commission should consider to determine whether the - proposed impact on habitat is significant. Mr. Greene suggested using habitat suitability indexes. Mr. Kenney was still concerned about the percentage of the habitat to be lost. Mr. Berry stated that he thought the report was good and that the mitigation plan was pretty extensive. He asked what the shrubs would do. Ms. Hayes stated that they would provide food for slugs and earthworms and provide thicker cover and escape for wood frogs. The Commission asked Ms. Fink to review the file for the original subdivision and for Lot 1 to find out more about the history of the site with the Commission. There was a wildlife report done on the property just downhill of this property at 8 Strawberry Lane. Mr. Greene asked what the carrying capacity of the site is for wood frogs and what the critical density is for an isolated population to survive. Ms. Hayes had not determined those things. Mr. Kenney questioned whether they could be determined. Mr. Finch thought the size of the area to be lost was likely to be significant because the whole area is presently habitat. Ms. Schneller asked that when the time is right in the spring, there should be an analysis of population size. Ms. DeAngelo said that she had lived in her house for 34 years and had raised 5 sons, none in whom had brought home any frogs. She asked how important the frogs were. Mr. Greene responded that the wetlands laws had established their significance and given the Commission the responsibility to protect them. Mr. Favaloro asked whether the size of the area or the size of the population was more important. Mr. Greene said the size of the population depends on the carrying capacity of the area and the core density (the minimum population needed to reproduce effectively). Ms. Hayes said that the population could not be determined at this time of year, but there might be models in the literature that would be helpful . Mr. Berry made a motion to continue the public hearing. Mrs. DeAngelo had reservations about paying for additional analysis if the permit was going to be denied. There was further discussion about what information could be submitted. Mr. Berry made a motion to close the, public hearing. Mr. Goulet seconded. Voted in favor, 5-0-0. Mr. Berry made a motion to approve the proposed work. Mr. Goulet seconded. Voted, 3-2-0. The motion did not pass because at least 4 favorable votes are required. - After further discussion, Mrs. DeAngelo agreed to submit additional- information-on the - wildlife habitat. Minutes, Reading Conservation Commission, December 18, 2002 Mr. Berry made a motion to rescind the decision to close the public hearing. Ms. Schneller seconded. Voted, 4-1-0. Mr. Berry made a motion to open the public hearing. Ms. Schneller seconded. Voted, 4- 1-0. Mr. Greene asked for an analysis of the carrying capacity of the area for wood frogs and the core density, and also habitat suitability index and HEP analysis. Ms. Hayes said she could do a theoretical analysis now, but could not study the actual population until next spring. Mr. Kenney recommended that the Commission hire a technical consultant. Mrs. DeAngelo stated that she would be willing to pay a reasonable fee, up to $5000. Mr. Kenney also said he thought the area to be lost was already enough information to determine significance. Mr. Finch said that he thought the land had already been developed as a subdivision and that the vernal pool habitat should remain protected. Mr. Berry made a motion to continue the public hearing until January 22 at 7:30 PM. Mr. Goulet seconded. Voted in favor, 5-0-0. 9:46 PM - Public Hearing, Request for Determination of Applicability, 23 Fairchild Drive, RGB 2002-39 A site visit was done on 12/15/02 by Mr. Finch and Mr. Greene. They reported on the condition of each tree that the owner proposed to remove or trim. Ms. Fink also reported site visit observations and gave out draft findings and conditions. There was discussion about which trees to cut or trim. Mr. Berry made a motion to issue a negative Determination to permit trimming of trees 4- 7, and taking down trees 1-3, 8, and the leaning trunk of tree 9. Mr. Finch seconded. Voted in favor, 5-0-0. Old/New Business Sanborn Lane, Comprehensive Permit Application The Commission reveiwed a draft memo to the ZBA The ZBA hearing is on 12/19/02. Mr. Berry made a motion to send the memo to the ZBA as drafted. Mr. Goulet seconded. Voted in favor, 5-0-0 468 West Street, Comprehensive Permit Application, revised plans Ms. Fink reported on the discussion of a revised plan during a hearing with the ZBA on -December 12. The revised plan has fewer units-and spreads them over more of the total acreatge, so it is better than the original design. There are many details that remain to be r designed. Minutes, Reading Conservation Commission, December 18, 2002 40-42 West Street, Comprehensive Permit Application, revised plans Ms. Fink reported that the applicant has come back with revised plans, again with fewer units. They are still going to have to fill wetlands and replicate, and still show a large retaining wall near the wetlands. There are still many details to be worked out. Enforcement Order, Sunset Rock Lane, DEP 270-295, RGB 1997-26 Ms. Fink reported that Mr. DeGennaro had sent a letter to the bank asking that they not release the bond as the Commission had requested. He had not sent a copy to the Commission. Jan Spencer at the bank forwarded a copy and asked for additional information. Ms. Fink had provided the information and met with Ms. Spencer. The bank's lawyers will review the information. Ms. Fink had also sent another reminder to the lot owners who have not yet signed the Conservation Restriction. 295 Main Street, Tree Removal Ms. Fink reported that she had issued a minor project permit for tree removal and trimming. The work had been completed and things look fine. Mr. Berry made a motion to approve the Minor Project permit. Ms. Schneller seconded. Voted 5-0-0. Mr. Berry made a motion to close the file. Ms. Schneller seconded. Voted 5-0-0. 187 Sanborn Lane Ms. Fink reported that the tree had been cut and the site is stable. Mr. Berry made a motion to close the file. Mr. Finch seconded. Voted in favor, 5-0-0. West Street RMLD site, proposed snow dump Mr. Finch and Mr. Greene had inspected the sites on both sides of the road. They did not see the earth berm east of the street that Ms. Fink had noted in a previous report, but she was certain it is there. The land on the western side of the street was determined not to be suitable for snow storage because it has no sturdy driving surface, and it has a vernal pool much closer to the proposed dumping area. The Commission would like to inspect the other area in the spring after the snow melts to make sure it is in good condition. 22 Berkeley Ms. Fink reported there was an oil leak from an underground tank. A new tank has been installed and an LSP has been engaged to analyze and clean up the site. There are no wetlands in close proximity. 43 Azalea Street DEP has issued an extension of the Order of Conditions until May 2003. 87 Walkers Brook Drive Mr. Finch reported that he had attended the Selectmen's hearing on extending the permit to operate. He had informed them about the on-going hazardous material release and Minutes, Reading Conservation Commission, December 18, 2002 asked them to encourage the applicant to address the clean-up. The Commission asked Ms. Fink to send detailed information to the Selectmen about the status of the site. Meeting For High School Renovations Ms. Fink reported a staff meeting on 12/12/02 to review proposed renovations. They include work in several playing fields, and there will be drainage improvements. Some work may trigger, wetlands permits. No work is proposed in Castine Field. Mr. Berry made a motion to adjourn at 10:16 PM. Mr. Greene seconded. 5-0-0.