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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 2 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. 4 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. 6 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. 7