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HomeMy WebLinkAbout2002-12-04 Conservation Commission MinutesMinutes, Reading Conservation Commission, December 4, 2002 Minutes of the Reading Conservation Commission Selectman's Meeting Room; Town Hall Wednesday, December 4, 2002 Present: Doug Greene, Chair; Larry Goulet, Will Finch, Thad Berry, Commissioners; Harold Hulse, Leo Kenney, Consultants; Fran Fink, Administrator; Kelley Meier, Recording Secretary. The chair called the meeting to order at 7:01 PM. Old/New Business Birch Meadow Elementary School, Birch Meadow Drive Ms. Fink reported that the school wants to build a field where the pine and oak trees are standing in the western portion of the site. The area abuts conservation land but is probably more than 100 feet from the nearest wetland. Plans are in the tentative stage. Fanta Lane (now Adams Way) The owners of Lot 1 moved in and wanted to take out the silt fence. Ms. Fink inspected. Grass looks sparse. They are working on the 2nd house. The final coat of pavement not done yet. The Cornmission.decided it would be best to keep the site fence in place until more of the site was stable. Mr. Kenney arrived at 7:07 PM 28 Francis Drive Ms. Fink reported that the neighbors had questioned the grading. She will contact the owner and contractor. 23 Buckskin Dr. Ms. Fink reported that the trees had been cut but the hay bales and ZNV markers had not been installed. A letter will be sent. Longwood Estates, Comprehensive Permit Ms. Fink reported that the developer had presented a revised site plan showing fewer units spread over more of the site. The ZBA will continue review. Willow Street/Summer Avenue (Fulgoni site) The Commission reviewed the ZBA decision to deny a variance to install the driveway for a proposed house from Summer Avenue rather than Willow Street. Minutes, Reading Conservation Commission, December 4, 2002 - 7:19 PM - Public Hearing, Notice of Intent, Harvest Road, DEP 270-372, RGB 2002- 17 Steve Eriksen and Richard O'Neill were present for the applicant. The Commission and the proponents discussed several possible methods for carrying out the proposed work in the bank, including types of machinery, access routes, time of year, placement of erosion barriers, and whether to pour the foundation and/or begin framing during or after bank work. The Commission was concerned that the bank work be completed and the plants be planted at the begirming of the annual growing season so that the plants would have the best chance to become well-established. The Commission wanted to minimize the risk that construction activities for the house would damage the bank or vegetation before it became established. Paul MacDonald, abutter on Line Road asked whether the house would have a slab foundation and Mr. Eriksen said that it would. Mr. MacDonald expressed concerns about water in his own cellar and the stability of the proposed work. He also asked about the loss of tree canopy and about fertilizer use. Mr. Eriksen responded that the canopy would be recreated with new trees and that the very small lawn area would minimize the need for fertilizer. The Commission reviewed the draft Findings and Conditions and made several amendments. The Commission noted that the full filing fee under the Town bylaw had not yet been submitted. The applicant's representatives requested a reduction in the fee, which had bee calculated by the Administrator as totalling more than $100,000. Mr. Berry made a motion to reduce the fee for work in land under water/BVW from $100,000 to $3,000. Mr. Goulet seconded. Voted, 2-2-0. Motion did not pass. Mr. Finch made a motion to reduce the fee for work in land under water/BVW from $100,000 to $20,000._ Mr. Greene seconded. Voted, 3-1-0. Motion did not pass. Mr. Berry made a motion to reduce the fee for work in land under water/BVW from $100,000 to $10,000. Mr. Finch seconded. Voted, 4-0-0. Motion passed. The total fee established will be $13,637.60, including $10,000 for work in LUW/BVW and $3,637.60 for the single-family house and for work in other resource areas and buffer zone. To date the applicant has paid $450. Mr. Goulet made a motion to continue the public hearing to December 18, 2002 at 7:30 PM. Mr. Berry seconded. Voted, 4-0-0. 8:23 PM- Public Hearing, Notice of Intent, 36 Pitman Drve, DEP 270-385, RGB t\ Mr. Olapade, applicant, and Kathy Guyott, architect, were present. Mr. Olapade presented a site plan showing 10 pine trees he wants to take down. The trees are marked Minutes, Reading Conservation Commission, December 4, 2002 now and are all in the ZNV. The trees blow with the wind and produce sap. They are small and very close together. Mr. Olapade is willing to plant other kinds of trees or shrubs. Mr. Greene recommended planting native species, 3-4 trees, 6-10 feet in height and spaced evenly. Shrubs could also be planted. The final planting could be approved by Ms. Fink. Planting should take place after the construction of the addition. The lawn should not be extended. Mr. Kenney recommended getting rid of the debris and the patio in the wetlands/conservation area. The Commission reviewed draft Findings and Conditions and made several amendments. Mr. Berry made a motion to close the public hearing. Mr. Goulet seconded. Voted in favor, 4-0-0. Mr. Finch made a motion to issue the Order of Conditions, with the Findings and Conditions as amended this evening. Mr. Berry seconded. Voted in favor, 4-0-0. 8:37 PM - Public Hearing, 14 Strawberry Hill Lane, RGB 2002-35 At the request of the applicant, Mr. Berry made a motion to continue the public hearing to r December 18, 2002 at 8:15 PM. Mr. Finch seconded. Voted in favor, 4-0-0. 8:43 PM - Public meeting, 57 Longwood Drive, RGB 2002-24 The Commission reviewed a revised site plan and raised several questions about the grading and drainage design. Mr. Berry made a motion to continue the meeting to December 18, 2002 at 8 PM. Mr. Greene seconded. Voted in favor, 4-0-0. 8:45 PM - Public Hearing, 119 Van Norden Road, RGB 2002-37, VNR Developer Present. Robert Scarano, applicant; Curt Young, WPI, wetlands consultant Mr. Scarano distributed copies of a revised site plan to Commission and Administrator. Administrator asked for 3 more copies to send to absent Commissioners. Mr. Young stated that changes on the plan included addition of Bank delineations along intermittent stream channel in eastern portion of site, new Note #10, addition of delineations for two vernal pools. Bank delineations are the J-, K- and L-series flags and are based on the break in slope. Both Vernal Pool delineations are based on plans submitted to MNHESP when pool was certified. Ms. Fink questioned whether the plans submitted to MNHESP were surveyed and -whether the-lines shown-on-the plans depicted delineations of the outer edges of the pools_ - or simply indicated their approximate locations. Minutes, Reading Conservation Commission, December 4, 2002 Mr. Young stated that the plans submitted to MNHESP were not surveyed, but in his opinion they were the delineation of each pool by MNHESP. Ms. Fink and Mr. Kenney responded that the plans submitted to MNHESP were never meant to delineate the pools, but only to show approximate locations. They agreed that MNHESP had certified, but had not delineated, the vernal pools. Mr. Young said that there is no methodology to delineate vernal pools in BVW under the state wetlands regulations and that the legally protectable vernal pool habitat would not extend beyond the BVW boundary under the state regulations. Mr. Kenney referred to the Foxborough case in which DEP had recognized a methodology for delineation. He also noted that the ANRAD site plans did not show any delineation for the third vernal pool in the northern portion of the site. Mr. Young stated that the third vernal pool was too far away and the applicant was not seeking its delineation at this time. Ms. Fink noted that Mr. Young and others from WPI had flagged vernal pool boundaries on the site under a prior Notice of Intent in 2000 and that Cuoco and Cormier had surveyed these delineation onto the site plans at that time. She asked why those delineations had not been shown on the ANRAD plans. The flags are still present on the site, along with some additional flags hung by Commission members during site visits at the observed edge of water in December 2000 and March 2001. Mr. Greene reported that, based on observations during the Commission's site visit, he believes that the J-, K-, and L-series flags accurately depict the banks of the stream. He asked whether the centerline of the stream depicted on the site plan was the thalweig. Mr. Young responded that the centerline is not the thalweig, it is just the line horizontally equidistant from the two banks. Ms. Fink asked whether the applicant had completed flood calculations to determine 100- year flood elevations or whether there were areas that would qualify as isolated land subject to flooding on the site or in the vernal pool areas. Mr. Young had not prepared any flood calculations. Mr. Kenney said that flooding/standing water had been observed within the central wetland system inside the site and the vernal pool to the west. John Grayson, abutter on Van Norden Road, asked whether the applicant had submitted a filing fee under the Reading General Bylaws. Ms. Fink stated that he had not submitted any local fee. 4 Minutes, Reading Conservation Commission, December 4, 2002 Mr. Scarano stated that he was only filing the ANRAD under the state law at this time. He stated that he would pay the Town fee when he files a Notice of Intent for work on the site, unless the fee is waived because the Town has joined in the Local Initiative project. Ms. Fink suggested that it would be in the applicant's best interest to have delineations confirmed under the Town Bylaw as soon as possible for use in designing proposed development. She noted that ANRAD's were filed for two other Comprehensive Permit sites recently and that both had been filed under the Town bylaw and had included the normal filing fee. Mr. Berry noted that the Commission can continue to participate in the public review process by the Selectmen and ZBA for the proposed Local Initiative/Comprehensive Permit project and can inform and advise both Boards about the applicability of both state and local wetlands regulations. Mr. Kenney noted that the site is not properly located on the locus detail on the revised site plans. John Barry, 100 Fairchild Rd, asked whether he could obtain a copy of the plan. Mr. Goulet gave Mr. Barry his copy. Mr. Berry made a motion to confirm the delineations of both stream banks as depicted on the revised plan submitted during this hearing. Mr. Finch seconded. Voted in favor, 4-0- 0. The Commission asked Ms. Fink to draft Findings to attach to an Order of Conditions for review by the Commission during their next meeting on December 18, 2002. Mr. Goulet made a motion to continue the public hearing to December 18, 2002. Mr. Scarano objected to the continuation. After further discussion between the Commission and Mr. Scarano, during which Mr. Scarano continued to object to a continuation, Mr. Goulet withdrew his motion. Mr. Berry made a motion to close the Public Hearing. Mr. Goulet seconded. Voted in favor, 4-0-0. 9:30 PM - Discussion on hunting policy on Town Conservation Lands Selectman George Hines was present and described recent events that had led to the posting of signs about bow hunting at entrances to Conservation areas. The Selectmen have asked the Conservation Commission to review and, if needed, update the present policy on hunting. They recognize that hunting may be good for wildlife management and recreation, but-want to make sure that it is conducted safelyand that the citizens are aware of when and where they might encounter hunters. He requested that the Minutes, Reading Conservation Commission, December 4, 2002 Commission make a presentation to the Board of Selectmen when they have completed their review. Sgt. David Stamatis was present. He identified himself as a resident, a hunter, and a representative of the Police Department. He presented information on the increasing size of local deer populations, numbers of pen-nits issued to hunters, dates of hunting seasons, state license requirements, and numbers of deer-vehicle collisions in Reading in recent years. He reported that in 18 years, there never had any problems with bow hunting in Reading except for occasional reports of suspicious persons or vehicles. A number of citizens were present, including both hunters and non-hunters. Many questions were raised and some answers were offered, including the following: Q: Do hunters have to tell police before they enter woods? A: No. Q: If deer is shot on Town land but travels onto private land before dying, can hunter enter private land? A: Hunter must knock on owner's door and ask permission. Hunter must use common sense and call police for help if a problem is developing. Q: An arrow was found in the Libby Avenue area. Are hunters supposed to retrieve arrows or mark with name? A: State does not require retrieval or marking, but hunter often do both. Q: How close can one hunt to houses? A: State law says a person cannot hunt within 500 feet of a house or 150 feet of a roadway. Q: What is the range of a bow and arrow? A: 20-30 yards is maximum for effective shot. Q: What is hunting method? A: Bow hunters usually hunt from stationary tree stand, wait for deer to approach stand, shoot downwards. Locate tree stands away from trails and houses for safety and so deer will not be scared away. Q: How much hunting goes on in Reading? A: Estimate 15-20 hunters known to hunt regularly in Reading. Take 4-5 deer per year in recent years. Typically hunt at daybreak or dusk when animals are active. Q: Can recent signs be taken down - concern is that they will attract more hunters. A: Selectmen want them to remain until end of season for safety reasons. They were requested by residents. Q: With the Town of Reading growing in density, are some conservation areas too small for hunting, given the 500-foot setback regulation? A: Yes, and Commission will discuss possibility of posting these as closed to hunters. Q: Why is it appropriate to have no hunting in Town Forest, but allow it on Conservation land? A: Town Forest Committee sets policy for Town Forest - need to ask them for reasons. Q: How often are people injured by bow hunters? A: According to national actuarial statistics, only one person has been killed in the last 30 years by bow hunting, and that incident was ruled a homicide. Q: What do hunters do if they see people? A: Leave the area. We try to identify the best place to put treestands before the season opens to stay:away. from people. Minutes, Reading Conservation Commission, December 4, 2002 Q: Would there be any benefit to having Town license hunters? A: Town may not have legal authority to do so and it is probably not necessary anyway, given the safety record. Q: How can the Commission/Town improve communication with both the public and hunters? A: Notices posted, published in paper, on Cable TV, mailed with a tax or utility bill. Notice to include locations, dates of hunting season, what to expect. Publish maps showing which areas are open to hunting and which are not. Q: Besides deer, what other animals are hunted with bow and arrow and what are the seasons? A: Need to find out more. Possibly turkeys. Q: How does hunter maintain the 500 feet, and tell where public land ends and private begins? A: Hunter is responsible for observing the setback. Town posts boundaries of Conservation areas, although there may be some gaps. Private land owners may also post their boundaries. Q: Would the Commission like to have a state Fish and Wildlife official do a presentation in February? A: Might be a good idea. Q: Can the Town make a law to have hunters only hunt from an elevated location? A: Will explore this suggestion. Q: Who put notice on cable Channel 22 that said "Do you want to ban hunting in Reading?" A: Not the Commission or the Selectmen. Q: Suggest considering practice in Yarmouth, where there are signs on Conservation Lands that there is deer hunting on certain dates in certain areas and to be cautious of the deer ticks. A: Will consider suggestion. Q: What hours are appropriate for hunting? Do tree stands damage trees? What types of tree stands are there? How should present rules for use of Conservation land be modified? A: Need more information. Q: Can a working group be put together to make policy recommendation, with work to be completed and put into action before 2003 hunting season? A: Yes, include Commissioners, hunters, non-hunters. Several people present volunteered to serve on the working group and the discussion ended. 69 Eastway, DEP 270-358, RGB 2001-21 The Commission reviewed an amended site plan submitted by the owners. They want to add a front porch. The Commission raised a number of questions and requested Ms. Fink to send a letter requesting further information. . Pondview Lane Subdivision, DEP 270-345, 2000-52 The Commission reviewed a revised site plan for Lot 4. Mr. Berry made a motion to accept the plan as an insignificant change under the Order of Conditions. Mr. Finch seconded. Voted in favor, 4-0-0. - Sanborn Lane between #51 and #67, Comprehensive-Permit Minutes, Reading Conservation Commission, December 4, 2002 Ms. Fink reported that a Comp Permit had been filed for this site. ZBA hearing is on December 19, 2002. She will draft comments for the Commission to consider during their December 18 meeting. Mr. Berry made a motion to adjourn at 10:45 PM. Mr. Goulet seconded. Voted in favor, 4-0-0.