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HomeMy WebLinkAbout2002-01-09 Conservation Commission MinutesMinutes - Conservation Commission, January 9, 2002 1 Minutes S S. Reading Conservation Commission Meeting 1U-0Z ill AR 2 5. 0,- Selectmen's Meeting Room, 7:00 PM Wednesday, January 9, 2002 Present: Will Finch, Pat Lloyd, Thad Berry, Doug Greene, Larry Goulet, Commissioners; Fran Fink, Administrator; Leo Kenney, Consultant. Also present: Daniel Thibeault, pending associate commissioner and potential commissioner. 7:00 Continued Public Hearing, Proposed Amendments to Town of Reading Wetlands Protection Regulations Discussion, including Fran Fink and town counsel's comments. Pat Lloyd moved to amend items 1 through 5, as amended at hearing. Doug Greene seconded. Voted 5-0 in favor. Pat Lloyd moved to amend items 9 & 10, as amended at hearing. Larry Goulet seconded. Voted 5-0 in favor. Pat Lloyd moved to amend 11, 12,.and 13, as amended at hearing. Doug Greene seconded. Voted 5-0 in favor. Doug Greene moved to accept proposed changes to items 14-23, as amended at hearing. Pat Lloyd seconded. Voted 5-0 in favor. Pat Lloyd moved to amend item 12 again to reflect changes in further discussion, and Doug Greene seconded. Voted 5-0 in favor. Doug Greene moved and Larry Goulet seconded amending Item 24, as amended at hearing. Voted 5-0 in favor. 7.30 Public Meeting, RGB 2001-34, Request for Determination of Applicability, 335 Main Street, William Stantial, Trustee, Elstan Trust Bill Manuell, Wetlands and Land Management in Danvers, presented. Mr. Manuell discussed that he believes only one portion of site has some indicators of wetland under local bylaw. Fran Fink believed areas 3 and 4 had hydric soils. Part of area 4 may have fill over hydric soils. Obvious human disturbance in that area. Rough piles of fill and trash. Mature vegetation was wetland species. Newer species were invasive and younger. Human disturbance in recent years may have caused vegetation to change. Soils show water there. Looking at topographical maps, this area is low point of large watershed. Have been reports that house directly east of property floods because of water coming off of property to her yard. Fran recommends positive determination under local bylaw if not under state. Ptihlic rnmmantc Mr. Westerman of 17 Avon Street. Brought some pictures from winter two years ago. Says area in southwest corner has constant pooling. Minutes - Conservation Commission; January 9, 2002 2 Fran Fink mentioned it's also a drought year. ~ Mr. Manuell said testing was done in November. Will Finch explained to public that when there's no winter we look at whether there is hydric soil in the area. Marian DeFiore of 219 Ash Street. Brought photos from September 1999 and March 2001. Her property is near area # 4. Has a drain. When heavy rain, water surrounds her property. Property is wet all the time, even in deep summer on her side of property line. She has seen water flowing onto her property from the applicant's property. Branches and trees on other side of stone wall may have interfered with vegetation. Ben Nichols of 25 Avon Street since 1945. On Aug. 6, 1963, wrote to superintendent of Public Works that property has a drainage problem affecting drainage system on land. Also discussed history of property and zoning history. Will Finch mentioned we don't have jurisdiction over zoning issue. Mr. Nichols mentioned the boiler room in building had frequent flooding. Mr. Nichols has photos. Dates and locations on back of photos. No further comments from public. Applicant requests continuation to get more information based upon photos of flooding. In the interim, applicant will do more calculations on surface water indicated, extent, etc. If there are any other photos, would be helpful, but they need to be dated and signed. Pat Lloyd moved to continue to Jan 23 at 7:45 p.m. in this room with no further notice to abutters. Doug Greene seconded. Voted 5-0 in favor. 8:00 Public Hearing, RGB 2001-35, Abbreviated Notice of Resource Area Delineation, 468 West Street, Johnson Woods LLC Procedure read; attendance sheet circulated; commission introduced. William Bergeron of Hayes Engineering presented. Owner took title in November, so that was when ANRAD plan was filed. Discussed plan and site walks. Discussed area of plan where there was a potential vernal pool area in the past. Mr. Bergeron said part of resource area delineation for office park. Was filled as part of Inwood office park and was replicated in another area. Reviewed Fran Fink's report and comments. Additional field data forms submitted and copies circulated. Waiver granted for scheduling hearing outside 21 days. Leo Kenney brought photo of area before filling. Water present and cattails growing and animal species identified. Fran Fink In 1974, map showed two ponded areas. Were both filled? One was within boundaries of farm, and one in Longwood. Fran Fink looked at soils out there. Very mixed. Had been plowed or filled. When Fran was Fink there, she looked at B-series wetland. There is a visible channel, which ~~vr.~„a+.~ w Yv,aaa~. a ayvvv utua, 11 +vvt.y iGt111i11 ilia,v \..J vti omiavv, Vut onian oapini ,J Rutl:.vilt~+l_'.: leaves wrapped in bunches around trunks pointing in downward direction as if washed down hill. If looking in spring, would there be a more definite hydrological connection? In the Minutes - Conservation Commission, January 9, 2002 3 wetland on the north side, second stream channel had water flowing. Doesn't know if dri es i in summer. If pennanent, then riverfront would extend farther. Wetlands across street may have buffer zone, etc. Might be worth trip to Woburn town hall to see what was on their side of the boundary. Doug Greene had some questions about changing delineation lines, A 32 to A 34 and E- series wetland. Leo Kenney missing wetland town topographic maps from 74 show two wetlands. When he was there in 91, only recalls one wetland. Doesn't know which one. Work on the roadway occurred in 92 or 93. Probably one referred to on Inwood plan was the one Leo looked at. Public continents Ben Nichols On three fingers of land through open trust land, asked about drainage. Asked about plan. Fran Fink analysis of filing fee. Figure out where lot lines are and what fees to charge. Brad Latham present, said entire land mass conveyed on one deed. Applicant requests one filing fee. Fran suggests we review before deciding. Bill Bergeron agreed to revise site plans based on discussion tonight. Pat moved and Thad seconded continuing hearing to 8 p.m. on Jan. 23 in same room with no notice to abutters at applicant's request. Voted 5-0 in favor. At this point, Pat Lloyd left meeting. 8:50 Continued Public Hearing, DEP 270-363, RGB 2001-29, Notice of Intent, Roadway and drainage improvements within Walkers Brook Drive and Village Street Walkers Brook Crossing, LLC Dave Pickart, VHB, presented revised and additional information. Wakefield Conservation Commission has closed hearing. Have filed S. 401 Water Quality Certification application. Submitted analysis of compliance with each performance standard. Difficult to provide compensatory flood storage due to existing elevations and level of development, but can demonstrate that elevation and lateral extent of flooding will not increase. Submitted analysis of RFA impacts and proposed improvements to offset expansion into undeveloped RFA (add topsoil and vegetation, remove invasive species and plant native species). Meets Stormwater Policy except for groundwater recharge, but is excused as redevelopment. Had talked to Rachel Freed at DEP about redevelopment status, but Rachel would not express an opinion while Conservation Commission is reviewing. Fran Fink - Presented memorandum. Need further clarification on some items. Motion made and seconded to approve request for waiver of ZNV standards in accordance with letter submitted by Brad Latham. Voted 4-0 in favor. Thad and Will stated they are comfortable with considering the project a limited project widening less than a lane, due to existing use of unpaved portions of roadway. The Commission asked Fran to draft Findings and Conditions for review and voted 4-0 to continue the public hearing until Janaury 23, 2002, at 8:15 PM with no further notice to the public. Minutes - Conservation Commission, January 9, 2002 4 9:15 Public Hearing, DEP 270-364, RGB 2001-33, Abbreviated Notice of Resource Area Delineation, Meadow Brook Golf Club and adjacent Town lands The Chairman opened the public hearing. Joe Orzel, Gulf of Maine, presented additional information concerning 100-year flood elevations, ILSF calculations and field observations of flooding in areas R and Q, proposed plan to remove leaves from vernal pool in area R, isolated depression south of area N, uncertainties about vernal pool boundaries. The Commission reviewed a draft Enforcement Order for the leaf removal plan in area R and voted 4-0 to issue the Order. The Commission discussed whether areas M and J contain vernal pools, or any other areas. Leo Kenney said that M and J are the only areas on the plan that might contain vernal pools not already marked as such. The Commission discussed whether the stream between the pond and the main stream was perennial. Joe Orzel stated that he had observed it dry and believes it to be intermitted, but it is also subject to drawdown for irrigation. The Commission reached a consensus to find that it is intermittent. The Commission asked that the Town Engineer review the information concerning flood elevations. Ben Nichols, Town Forest Committee - Noted that some of the land on the plans is Town Forest and Water Department land and that MBGC had not approached either department for permission to delineate. The Chairman apologized for the oversight. Mr. Nichols requested that the Town Forest Committee and Water Department be given a copy of the ANRAD materials and revisions. Several abutters asked questions about the purpose of the ANRAD process, some of the technical details of the information submitted, the appeals process, and future work on the site. The Commission explained the process. The Commission voted 4-0 in favor of continuing the public hearing to 8:45 PM on January 23, 2002. Old/New Business: Lot 3, 25 Cory Lane, DEP 270-280, RGB 1995-34 and DEP 270-319, RGB 1999-15, As- built plan and request for Certificate of Compliance Present: Lucio and Sylvana Perrina (developers), Mr. and Mrs Zwicker (owners) Discussed stability of site, need to complete second Conservation Restriction on Lot 4, need to obtain copy of deed to verify inclusion of restriction on impervious cover. The Perrinas will work with owner of Lot 4 on CR. Commission voted 4-0 in favor of releasing the bond and issuing the Certificate of Compliance, pending receipt of copy of deed. Fran Fink reported observations from site visit on January 7, 2002. Rest of Commission was denied access by owner for that visit. The Commission discussed present site Minutes Conservation Commission, January 9, 2002 5 conditions. The gravel in the LIAU and Field Edge had not been present during the - last Commission visit. The Commission voted 4-0 in favor of seeking Town Counsel assistance to obtain access. The Commission voted 4-0 in favor of issuing a fine for the present violation. The Commission asked Mrs. Fink to draft an Enforcement Order for the next Commission meeting. DEP and Dan Lenthall will receive copies. 268 Franklin Street, Fanta Lane Subdivision, Order of Conditions, DEP 270-333, RGB 2000-8 The Commission tabled discussion of the construction sequence and phasing of the bond requirement until the next meeting on January 23. 115 Charles Street, The Commission found the recent tree cutting to be acceptable and will not require restoration. The Commission approved the removal of trash and debris from the site. The owner will need to file a permit application for any future filling, grading, or construction. A letter will be sent. The Commission voted 4-0 to adjourn the meeting at 11:30 PM.