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HomeMy WebLinkAbout2011-01-19 Conservation Commission MinutesI Conservation Commission, January 19, 2011 MINUTES Reading Conservation Commission Meeting Selectmen's Meeting Room, 7:00 P1VI Wednesday, January 19, 2011 S p "9FE B Present: Bill Hecht, Chairman; Annika Scanlon; Barbara Stewart; Tina Ohlson; Jamie Maughan; Brian Sullivan; Fran Fink, Administrator; Maureen Knight, Recording Secretary. Absent: Brian Tucker Call to Order, Old/New Business 20 Chequessett Road, Enforcement Order The planting plan has not been submitted and several deadline extensions have not been met. Motion made by Ms. Stewart to send a letter requesting a planting plan by January 31, 2011, or the Commission will begin to issue daily fines. Mr. Sullivan seconded. Vote was 4-0-0. (Ms. Scanlon and Ms. Ohlson were not present yet.) 53 Zachary Lane, DEP 270-236, RGB 1991-10 Chris Coleman, owner, was present. Ms. Fink reviewed the records on file for this lot in the Carriage Estates II subdivision. There is some bond money being held. The Commission reviewed site visit reports. There was a little erosion on the south side of the house and at the edge the retaining wall, and Mr. Coleman was asked to stabilize these areas in the spring. " . Motion made by Ms. Stewart to issue a Partial Certificate of Compliance. Mr. Sullivan seconded. Vote was 4-0-0. Motion made by Ms. Stewart to release the bond in the'amount of $2000. Mr. Sullivan seconded. Vote was 4-0-0. Ms. Scanlon and Ms. Ohlson arrived. 107 Main Street, DEP 270-561, RGB 2009-23 Present: Jack Sullivan, engineer; Michael Palmer, owner; Chris Latham, lawyer; Patricia Dababneh, abutter Jack Sullivan submitted a revised site plan dated 12/29/2010 to correct existing problems on site and to meet requirements for marking and planting the Zone of Natural Vegetation. Mr. Sullivan said that they have contacted the owner of 95 Main Street concerning proposed planting of trees and the need to stabilize the soils there. The owner appears to be ready to accept the proposed trees, but prefers bark mulch to stone along the edge of pavement. They have asked the owner fora written agreement. The CPDC has approved the revised plan, with certain provisions. The Commission asked Mr. Palmer to revise the plan further. The ZNV bounds need to be at the edge of pavement, not on the 25' line, because of the variance granted for the building and driveway. The proposed Fraser fir needs to be changed to a species native to Massachusetts. Mr Palmer will come to the meeting next week with the revised plan. Patricia Dababneh, an abutter, asked a few questions about plantings and time frames, which the Commission answered. Conservation Commission, January 19, 2011 Walkers Brook Drive, DEP 270-363, RGB 2001-29 No as built plans have been submitted yet, and discussion was postponed. 311 Haverhill Street, DEP 270-429, RGB 2004-24 The Commission reviewed site visit reports and photographs. Ms. Grimmer had received an Order of Conditions in 2004 to add parking and play equipment in the back. The work has been, completed according to plan. The Commission will consider issuing a Certificate of Compliance during their next meeting. A month or two ago, a tree fell from the site onto the street. The DPW removed the tree, and returned to cut several more in the drainage easement on site. Some of the trees were hollow and dead. During work, they ran over an old septic system and it broke open. They pulled it out and then filled the disturbed area. It will need planting in the spring for stabilization. The Commission was not notified at the time. Motion made by Ms. Stewart to send a letter to Ms. Grimmer and DPW requesting the stabilization work. Ms. Ohlson seconded. Vote was 6=0-0. Public Hearing, Notice of Intent, John McCracken, 37 Pinevale Avenue, RGB 2010-29 Present: John McCracken Mr. McCracken said five years ago he put in a detached garage. Now he would like to add a two- bedroom addition of 15' x 26'. In the back yard he would like to level a hill, loam and seed it, and put in a retaining wall to stabilize the slope. He also proposed a fence around the back yard. Mr. Hecht gave a site visit report and asked questions about the proposed grading and retaining wall. Mr. Maughan asked about the 1987 wetland boundary shown on the plan, and Ms. Fink reviewed the delineation made when the garage was built. The proposed addition and grading are in the outer Buffer Zone, and the fence can be located to meet setback requirements. Ms. Fink will draft an Order of Conditions for the meeting on January 26th Motion made by Ms. Stewart to continue the hearing to January 26, 2011. Ms. Ohlson seconded. Vote was 6-0-0. Public Meeting, Request for Determination of Applicability, MassDOT - Highway Division, RGB 2011-1, reconstruction of Main Street This matter was postponed to February 9, 2011, at the request of the applicant. 10 Torre Street, DEP 270-538, RGB 2008-35 The Commission reviewed the as-built plan and the drainage maintenance report, and all seems in place. Motion made by Mr. Maughan to issue a Certificate of Compliance. Ms. Stewart seconded. Vote was 6-0-0. Motion made by Ms. Stewart to release the bond in the amount of $20,000. Mr. Sullivan seconded. Vote was 6-0-0. Conservation Commission, January 19, 2011 Mill Street Beaver Dam Present: Will Finch, 51 Mill Street Ms. Fink said Pam Merrill from the Regional Wetlands Office at D.E.P. in Wilmington called her for information about the recent breach of the beaver dam. Ms. Merrill had been contacted by a State Health official about a complaint from the property owner in North Reading about the way the matter was handled. The Commission reviewed the information available about actions by officials in both towns. Ms. Fink said all involved parties need to confer to get a long-time solution to this situation, including a Notice of Intent. She recommended bringing in beaver dam experts to analyze the situation and develop the best solutions. Will Finch said North Reading Conservation Commission did not issue the emergency permit for the breach because they wanted a Notice of Intent filed. The Commission will send a letter to all the parties and ask for an initial meeting to work towards a solution. Johnson Woods, DEP 270-416, RGB 2004-10 Bill Bergeron, engineer, and Attorney Brad Latham were both present. Mr. Bergeron presented revised site plans dated January 3, 2011, drainage analysis dated October 2010, memos from the Town Engineer dated December 9 and 20, 2010, the CPDC decision dated December 13, 2010, and his own letter commenting on the revisions. He requested approval of the revised building, trail, and trailhead park layout as a minor modification under the Order. He said that CPDC has approved the plan with some modifications. The original triplex and quadplex units will be replaced with more duplex units that are more marketable. There will be 14,000 additional square feet of impervious area due to the modifications for parking and driveways. The Town Engineer has accepted the drainage analysis. Buildings 45 and 55 remain in the Buffer Zone, but are no closer to the wetlands than on previous plans. Mr. Bergeron also noted two garage buildings that have been added to the plans on top of the existing underground pipe detention system. Mr. Bergeron said these are personal garages for unit owners and not service garages. The Town Engineer and Building Inspector had questioned whether these buildings could be built over the detention system during the CPDC review. Mr. Bergeron said he is working with a structural engineer to determine whether the garages can be built on a shallow (18") "Alaskan" foundation rather than the standard 4' deep frost wall. Ms. Fink recommended that the Commission not approve the garages until a detailed plan is submitted. Mr. Maughan suggested letting the Town Engineer and Building Inspector make the final decision. Motion made by Ms. Ohlson to accept the proposed layout modifications as a minor plan change, including the garages, provided that the Town Engineer and Building Inspector approve the- structural aspects. Ms. Stewart seconded. Vote was 6-0-0. Ms. Fink reported that a board member from Reading Open Land Trust had contacted her about laying out a trail route from Johnson Woods through the abutting ROLT land and Town Conservation land to the north. She had provided a GIS map and offered to schedule a site visit with members of ROLT, the Conservation Commission, and the Trail Committee in the spring to explore possible trail routes. Conservation Commission, January 19, 2011 Jacob Way, "Reading Woods" multi-family housing project - Environmental Notification Form and Site Plan Review Ms. Fink reported that Town staff had met to review the Environmental Notification Form. Staff had forwarded comments to Jean Delios, Town Planner and Community Services Department Head, including the comments Ms. Fink had drafted for the Commission to review. (The Commission had no concerns about that draft.) Ms. Delios was preparing a letter to MEPA that will include all the Town comments. A copy will be provided to the Commission when it is ready. The plans have also been submitted to the CPDC for Site Plan and other Zoning review. The hearing will open on January 24, 2010. The Commission reviewed draft comments to the CPDC. Mr. Hecht gave a site visit report and said that the design engineer is open to suggestions on the drainage design and other aspects of the plan. Motion made by Ms. Stewart to send the comments to the CPDC as drafted. Ms. Ohlson seconded. Vote was 6-0-0. FY 2012 Proposed Budget and Proposed Bylaw Revision The Commission reviewed copies of the overall budget proposal presented by the Town Manager and Finance Director to the Board of Selectmen on January 11, 2011, and the Community Services proposal submitted to the Board by the Department Head on January 18, 2011. Two proposals were included in these presentations that would directly affect the work of the Conservation Commission. One is a proposal to revoke Section 5.7 of the Reading General Bylaws, the Wetlands Protection Bylaw. The other is to reduce the Conservation Administrator position to halftime, or 18.75 hours per week, as well as making other staffing cuts in Community Services. Mr. Hecht reported on the Selectmen's meeting on January 18th. He said he was surprised that the Selectmen had not allowed comments or questions from the audience regarding the proposed budget, but they had scheduled another meeting on February 1St to allow comments. Mr. Hecht had given the Selectmen copies of written comments that he had prepared before the meeting, and a chart concerning permitting activities and filing fee revenues over the last ten years. One of the Selectmen had asked the Department Head to prepare a staff memo concerning the impacts of revoking the wetlands Bylaw before the February 1st meeting. Mr. Hecht also reported that he had been contacted by Kenneth Whittaker from the Mass. Association of Conservation Commissions. Mr. Whittaker has offered to help the Commission regarding the proposal to revoke the Bylaw, after the Commission has discussed the matter this evening. Ms. Fink handed out copies of an email received from the Department Head this afternoon, asking for assistance in drafting the staff memo for the Selectmen. The Commission directed Ms. Fink to provide the pertinent information, and to provide copies of the final version to the Commission when ready. The Commission discussed their concerns about the budget and bylaw proposals at length, raising a number of negative consequences that might occur as a result. They talked about plans for the meeting. on February 1st, and for follow-up during future hearings before Town Meeting and at Town Meeting, depending on the Selectmen's decisions on February lst. Mr. Hecht will take the lead in speaking for the Commission at the meeting. 4 Conservation Commission, January 19, 201.1 The Commission reviewed a draft memo from the Commission to the Selectmen about the bylaw, intended for presentation for the February 1St meeting. They made suggestions for revisions, and then continued the review to their January 26th meeting. Motion made by Mr. Maughan that the Commission thinks the Wetlands Protection Bylaw is important and needs to be retained, and that the Commission will work together to explain the importance of the Bylaw to Town officials and citizens in the coming weeks. Ms. Stewart seconded. Vote was 6-0-0. Ms. Stewart left the room. 10 Annette Lane Motion made by Mr. Sullivan to approve the Minor Project Permit for tree cutting. Ms. Ohlson seconded. Vote was 5-0-0 Annual Report Motion made by Ms. Ohlson to approve the Annual Report as drafted. Mr. Sullivan seconded. Vote was 5-0-0. Minutes for approval Motion made by Ms. Ohlson to accept the minutes of December 15, 2010 as drafted. Ms. Scanlon seconded. Vote was 5-0-0. Ms. Stewart returned to the room. Strout Avenue Water Treatment Plant, DEP 270-524, RGB 2008-2 Motion made by Ms. Stewart to issue an Extension Permit for three additional years, at the request of the Town Engineer. Ms. Scanlon seconded. Vote was 6-0-0. Timberneck Swamp The local hunter submitted a letter from the owner of the private land in the center of Timberneck Swamp, giving permission to hunt on the private property. Mattera Cabin Ms. Fink reported that Roux Associates, a local company, has volunteered to paint the inside of the Mattes Cabin in the spring, and to do additional service projects in the Town on a monthly basis. They are also considering stenciling storm drains to prevent dumping of hazardous materials, and have talked to the Trail Committee about other ideas. Adjournment Motion made by Ms. Ohlson to adjourn the meeting at 9:30 PM. Ms. Scanlon seconded. Vote was 6-0-0. 5