HomeMy WebLinkAbout2002-11-22 Conservation Commission MinutesMinutes, Reading Conservation Commission, November 22, 2002
Minutes of the Reading Conservation Commission
Selectman's Meeting Room, Town Hall
Friday, November 22, 2002
Present: Doug Greene, Chair; Karen Schneller, Larry Goulet, Thad Berry,
Commissioners; Leo Kenney, Consultant; Fran Fink, Administrator; Kelley Meier,
Recording Secretary.
The Chair called the meeting to order at 7:32 PM.
Mr. Goulet passed out an article from the Boston Globe concerning the Ipswich River.
He also read a letter he had written to thank Monihan Lumber for donating to the Sledge
Woods Project.
Town Conservation Land Hunting Policy
Ms. Fink passed out articles from the Boston Globe about hunting. She explained why
signs had recently been posted on Conservation Areas about bow hunting and what the
general history and experience had been with bow hunting in town. The Selectmen had
requested time on the original November 20 agenda to discuss hunting with the
Commission, but could not attend the meeting when it was postponed to November 22.
This discussion will be continued on December 4, 2002 in order to have a Selectmen
present.
Leo Kenney arrived at 7:39 PM.
Elizabeth Brady, A Street, asked why only one sign was posted near the Timberneck
Swamp. She was concerned about the kids playing in there.
Carol McLaughlin, Bachelder Road, requested that the yellow signs be taken down, they
are too ambiguous. She asked that the rules for use of Conservation Areas be posted.
She asked about use by hunters before dawn and after dusk, and whether tree stands
damage vegetation. She thought hunting was too dangerous for residential areas. There
need to be warnings in the Chronicle or on cable television.
Mr. Kenney mentions that the hunting population is small in Reading and there are more
deer being killed by automobiles than by hunting. He stated that the hunters have to
comply with state laws and regulations.
Donna Bolier, Belmont Street, said kids walk to school and she is concerned that her kids
get to school and home safely. Would like notification by mail instead of signs. She
asked whether hunters had to register with the Police. Part of her backyard abuts
conservation land and she is worried about hunters coming onto her property due to
people not knowing that it's her property.
Mr. Greene stated that many Conservation Area boundaries are posted with signs, and
that any private land owner can post his or her own boundaries with no hunting signs.
Minutes, Reading Conservation Commission, November 22, 2002
Mr. Kenney suggested that the Commission examines maps of each area and determine
which areas are large enough to provide land for hunting that meets the state's 500-feet
setback from houses.
Jean Rosetti, 209 Charles Street, asked whether the Town had grown too dense for
hunting to be appropriate. With the signs, it's an open invitation to have hunters go into
the Conservation land.
Joanne Couture, Timberneck Road, asked to have more communication. She let her son
and a few friends go hike into the swamp, didn't realize that there was a meeting about
this tonight until a neighbor mentioned it.
The Commission noted that the Town Forest is not part of the Conservation
Commission's land, and there is no hunting allowed there.
The Commission will continue the discussion on December 4 and will try to collect more
information by then.
8:09 PM - Public Hearing, Notice of Intent, 36 Pitman Drive, RGB 2002-36
Mr. Olapade, owner, presented the site plan for a proposed addition. He would also like
to take down some pines that would be in the area of the deck and some in front of the
house, but these were not shown on the plan. The Commission requested a revised plan
\ and will schedule another site visit.
Mr. Greene mentioned that there was a picnic table and other debris dumped into the
wetlands that need to be removed. It'll probably be part of the Order of Conditions. He
would recommend that there be a connecting line from WF 11 to WF 15 on the BVW
delineation. There is also a patio straddling the rear lot line and partly on the abutting
Town Conservation Area. The owner said that he intends to remove these materials.
Mr. Berry made a motion to approve the Wetland line with modification to connect WF
11 to WF 15 directly. Mr. Goulet seconded. Voted in favor, 4-0-0.
Ms. Fink gave out draft findings and conditions.
Mr. Berry made a motion to continue the hearing to December 4, 2002, at 7:30 PM. Mr.
Goulet seconded. Voted in favor, 4-0-0.
8:30 PM - Public Hearing, Abbreviated Notice of Intent of Resource Area
Delineation, RGB 2002-37
Curt Young of WPI presented the site plan for the developer. Jim Bolduc of WPI was
also present. A previous ORAD expired at the beginning of the year.
Bolduc of WPI last April. She and Mr. Bolduc changed the locations of several flags at
that time. The BVW boundaries on the present ANRAD plan are the same as on the
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Minutes, Reading Conservation Commission, November 22, 2002
previous ORAD plan except for the relocation of the flags done last April. She had
- ` submitted written comments which the Commission and WPI had reviewed.
The Commission noted that certified venial pools exist within and on the boundaries of
the site, but they are not on shown on this new ANRAD plan.
Mr. Young stated that they only want to delineate BVW and buffer zones at this time. He
also stated that MNHESP had delineated the boundaries when they certified the vernal
pools.
Mr. Kenney and Ms. Fink responded that MNHESP had only certified the presence of the
pools, but had not delineated their boundaries. Ms. Fink noted that boundaries had been
flagged and mapped in the recent past by WPI and the Commission during review of a
Notice of Intent submitted in 2000. The Notice of Intent file includes site visit notes, site
plans, and other relevant materials. However, the Commission never voted to recognize a
vernal pool boundary because the NOI was withdrawn.
Mr. Young said that the WPA regulations specify a delineation method for vernal pools
located in land subject to flooding, but not in BVW and thus the pools could not be
delineated.
Mr. Kenney stated that the Town wetlands regulations and MNHESP publications
address ways to delineate vernal pools in BVW.
Mr. Goulet noted that he had attended a working group meeting on November 4 for the
LIP proposal now before the Selectmen. The Town Manager had directed the developer
to delineate the vernal pools and he had agreed to do so.
Mr. Young stated that they had agreed to provide the delineations made by MNHESP and
that he would add them to the ANRAD plans.
Mr. Kenney responded again that MN]EIESP had not delineated the pools, and then
requested that the high water marks be delineated.
Ms. Fink pointed out that it would be in the developer's best-interest to complete the
delineation of the vernal pools and all other resource areas on the site at this time so that
he can then base his design work on accurate delineations. She also noted that the
Selectmen will need this information to arrive at a decision on the LIP proposal now
under review. She recommended keeping the hearing open so that the applicant could
submit additional information.
Mr. Young again questioned whether there was an accepted methodology.
Mr.-Berry responded that-there are several recognized ways to-arrive at a delineation. He
said that the Commission could vote on the BVW delineation at this time, but will also
Minutes, Reading Conservation Commission, November 22, 2002
need to make findings about what other resource areas are present that have not been
delineated.
Mr. Young repeated that Mr. Scarano had only agreed to shown the MNHESP
delineation. He stated that the site contains Zone B floodplain, but the site plan does not
shown a delineation. He noted that an intermittent stream channel exists near Fairchild
Drive.
Abutter, Fairchild Rd, asked where is all the water going to go if the site is developed?
The Commission said that a drainage plan would be required with any Notice of Intent
for development on the site.
Mr. Vetter, 109 Van Norden Road, stated that the water gets fairly high behind his house
and on the subject land. He is concerned about flooding if the site is developed.
John Grayson, 145 Van Norden Road, stated that he is also on the working group with
Mr. Goulet, and that Mr. Scarano had agreed to provide all wetland information with the
ANRAD. He asked to keep the hearing open until Mr. Scarano responds to the questions
raised tonight.
Mark Mulvanitty, 139 Van Norden Road, asked whether it would be possible to have one
delineation approved and have everything else be bypassed?
Mr. Berry responded that the applicant will have to complete the delineations sooner or
later.
Ms. Fink went over parts of the minutes that were taken by the working group on
November 4 concerning what would be delineated.
Mary Ann Atwood, Pearl Street, asked why the developer would only delineate the BVW
in this ANRAD.
Mr. Young responded that all other resource areas are encompassed within the BVW.
Mr. Berry made a motion to approve the BVW delineations as shown on the plan. Ms.
Schneller seconded. Voted in favor, 4-0-0.
Mr. Berry made a motion to continue the hearing to December 4, 2002, at 8:10 PM so
that the applicant could provide the Commission the additional information requested.
Mr. Goulet seconded. Voted in favor, 4-0-0.
The Commission requested that Mr. Scarano and the project engineer attend the hearing
on December 4. Mr. Young stated that he would delineate the banks of the intermittent
stream. Ms. Fink entered the materials from the 2000 filings for the record.
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Minutes, Reading Conservation Commission, November 22, 2002
Old/New Business
Land between Apple Gate and Annette, RGB 2002-33, Order of Resource Area
Delineation
The Commission reviewed draft Findings and made amendments.
Mr. Berry made a motion to issue the Order of Resource Area Delineation
with the Findings as amended this evening. Mr. Goulet seconded. Voted in favor, 4-0-0.
266 Lowell, DEP 270-378, RGB2002-25, Order of Conditions
Applicants owe the remainder of the filing fee. The Commission reviewed draft Findings
and Conditions.
Mr. Berry made a motion to approve the Order of Conditions with Findings and
Conditions as drafted. Mr. Schneller seconded. Voted in favor, 4-0-0.
Fleet Boston, 294 Main Street, DA RGB 2002-6, OOC DEP 270-79
They came back and decided that they shouldn't plant the bushes now.
74, 80, and 86 Haverhill Street, DEP 270-260, RGB 1994-14
The Commission reviewed the as-built plan for the project.
Mr. Berry made a motion to approve the Certificate of Compliance. Ms. Schnelier
seconded. Voted in favor, 4-0-0.
1375 Main, DEP 270-353, RGB 2001-11
The Commission reviewed the present status of the site and requested Ms. Fink to send
the developer a letter. The occupancy permit for Units 7 and 8 was finally signed off.
The Zoning Board of Appeals is still working on the condo documents. Some of the
hydro-seed has been destabilized.
Burbank Arena, Symonds Way, DEP 270-258, RGB 1993-26
Things seem to be functioning properly. Ms. Fink went over the attachment for the
Certificate of Compliance.
Mr. Berry made a motion to approve the Certificate of Compliance. Ms. Schneller
seconded. Voted in favor, 4-0-0.
Sunset Rock Lane, Enforcement Order
The Commission reviewed a draft letter to be sent to Stoneham Bank requesting release
of bond as voted during the last meeting. The Commission signed the letter and asked
Ms. Fink to send it.
Wingate Property, 1364 Main Street
Ms. Fink reported that there is an old file for construction of the nursing home. No
Certificate of Compliance was issued. The file stopped where the trees/bushes were to be
Minutes, Reading Conservation Commission, November 22, 2002
planted in the replication areas. Wingate wants to construct an addition. The
Commission asked Ms. Fink to contact Wingate about the status and set up a site visit.
Walkers Brook Crossing, DEP 270-352, RGB 2001-14
The Commission approved a letter drafted by Ms. Fink in response to a request from Ed
Shaw of Dickinson Development concerning the fill materials to be used on the site.
Transfer of funds from special fund to print Open Space and Recreation Plan to
Conservation Fund
A donation came from AT&T. Part of it was used to print the OS and R plan. The donor
agreed to the transfer of the remainder to the Conservation Fund.
Mr. Berry made a motion to transfer the remainder to the Conservation Fund. Ms.
Schneller seconded. Voted in favor, 4-0-0.
93 Belmont Street
Ms. Fink reported that an existing house will be demolished and a new pre-fab house will
be placed onto the original foundation. Work is in RFA and buffer but does not involved
excavation and grading.
Austin Prep, 101 Willow Street, DEP 270-331, RGB 2000-4
The Commission received a query from the bonding agency about the status of the work.
Work is not complete. A letter will be sent to the school.
87 Walkers Brook, Texaco Station
The Commission received a letter from Motiva concerning their intention to clean the
area up.
Pondview Lane, DEP 270-345, RGB 2000-52
Contractor filed request for site plan revision, Lot 4. The Commission determined that
the house and driveway are satisfactory, but the proposed grading is not correct in several
places. A letter will be sent.
312 Haverhill Street, VNA
The VNA would like to buy the property next to Killam Elementary School. They want
to put hospice there and put in a few more parking spots and extend barn. Site plan has
been submitted to CPDC for review. The Commission will send comments to CPDC for
their public hearing.
St. Athanasius
Ms. Fink mentions that everything looks stable and grass looks good.
306 Main Street, Getty Gas
The Commission reviewed a report from the LSP that there is a drinking water well
nearby and the owners will be notified of the hazardous waste release.
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Minutes, Reading Conservation Commission, November 22, 2002
Minutes for approval -June 26, July 10 and 24, and September 12, 26, 2002
Mr. Goulet moved to accept all five sets of Minutes as drafted. Mr. Berry seconded.
Voted in favor, 4-0-0.
Meeting Dates, 2003
The Commission set meeting dates for 2003 as follows: second and fourth Wednesday
of every month except April, November, and December. April will be second and fifth
Wednesday, due to school vacation week. November and December will be first and
third Wednesday, due to holidays.
38 Cross Street, Appeal of Order of Conditions, RGB 1999-7
Ms. Fink reported status of case.
571 West Street, RMLD/Town land
Ted McIntire, DPW, would like to use the land where the phone company is storing
utility poles as a dump site for snow removed from the downtown area. Aberjona River
runs by south side and vernal pool lies to the northeast, but site is large enough to stay
away from these areas. The Commission had no objection to this use. Ms. Fink will
inspect the site and discuss details with Mr. McIntire.
Mr. Berry made a motion to adjourn at 10:10 PM. Mr. Goulet seconded. Voted in favor,
4-0-0.
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