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HomeMy WebLinkAbout2011-06-22 Conservation Commission MinutesConservation Conunission, June 22, 2011 MINUTES ftE C r. iv ED Reading Conservation Commission Meeting CLERK TOWN Selectmen's Meeting Room, 7:00 PM o ~ C M ii s s Wednesday, June 22, 2011 51 ~ - Zoom Jul 28 P Present: Bill Hecht, Chairman; Annika Scanlon; Barbara Stewart; Brian Tucker, Jamie Maugham; Tina Ohlson; Fran Fink, Administrator; Maureen Knight, Recording Secretary. Absent: Brian Sullivan Call to Order The meeting opened at 7:00 PM. Old/New Business 71 and 73 Track Road, DEP 270-482, RGB 2006-30, and Emergency Certification The Commission reviewed site visit reports about a beaver dam in Walkers Brook between the houses at 71 and 73 Track Road. The dam has altered flow patters, and the banks of the brook have been undermined. Sediments have been deposited in the stream after washing out of the banks. The driveway at 73 Track Road is cracking and subsiding. The Health Director has inspected and will declare a health emergency to allow beaver trapping out of season. The DPW is planning to remove the dam and to excavate and shore up the driveway. They also plan to pack materials into the cavities at the bases of the stream banks to reinforce the banks. Ms. Fink has asked DPW to submit a written plan for the driveway and bank restoration work under the town-wide drainage Order. She also noted that the Order will expire in October, and recommended issuing an Extension Permit. Motion made by Ms. Stewart to issue an Emergency Certification to remove the dam and trap the beaver, pending the declaration of emergency by the Health Division and scheduling of the trapper. Ms. Scanlon seconded. Vote was 5-0-0. Motion made by Ms. Stewart to issue an Extension Permit for three additional years for the Order of Conditions. Mr. Tucker seconded. Vote was 5-0-0. Johnson Woods, DEP 270-416, RGB 2004-10 - Enforcement Order The Commission reviewed a surveyed site plan dated June 7, 2011, showing the wetlands boundaries near Longwood Road and the boundaries of the wetlands and Buffer Zone where shrubs and trees were cut in April. The plan showed that 9,213 square feet of wetlands and 3,761 square feet of Buffer Zone were altered. The Commission also reviewed a proposed Restoration Plan dated June 8, 2011 that describes the impacts of the violation and proposes planting to restore the wetlands and Buffer Zone. A follow up site visit will be scheduled in September to determine the extent to which stump sprouts and the new plants have restored the area. Motion made by Ms. Stewart to accept the restoration plan. Ms. Scanlon seconded. Vote was 5-0-0. Conservation Commission, June 22, 2011 107 Main Street, DEP 270-561, RGB 2009-23 Ms. Fink reported that the contractor is continuing to make progress on the corrective actions. The parking lot, curbing, and guard rail have been corrected. The inner Buffer Zone has not yet been restored with topsoil and plants. The Commission will continue to monitor work. 88-98 Walkers Brook Drive, DEP 270-489, RGB 2006-39 and DEP 270-502, RGB 2007-7 The site visit was done and the work has been finished. The Commission has not yet received the final as-built plans and maintenance report forms as requested last November. The site manager, Kevin Cuzzi, has reviewed the information and will provide the final information and request a Certificate of Compliance. Reading Memorial High School, DEP 270-416, RGB 2003-51 Ms. Fink reported a meeting with the Town Engineer, the Tree Warden, and the Superintendent of Schools to follow up on the letter sent by the Commission concerning the condition of the plants and soils in the Riverfront restoration area at the former Imagination Station. They acknowledged that many trees and shrubs had died. The Tree Warden had.pulled out the dead plants recently. They indicated there is no money available to finish the project. Ms. Fink made suggestions about actions that could be taken to keep vehicles and pedestrians out of the area and to find funding, and asked the Superintendent to send a letter responding to the Commission's concerns. Motion made by Mr. Tucker to issue an Extension Permit in accordance with the Permit Extension Act to February 13, 2013. Ms. Stewart seconded. Vote was 5-0-0. Ms. Ohlson arrived. Public Hearing, Notice of Intent, Yvonne Yau,14 Nelson Avenue, RGB 2011-10 Present: Mr. Yau, Applicant, Edward Ratcliffe, Surveyor, Tony Ferraro, Contractor Mr. Ratcliffe reviewed the revised site plan dated June 14, 2011, for the Commission. They added erosion controls for the storage unit and to protect the inner Buffer Zone. The Acting Health Administrator, Greg Erickson, has been contacted and will oversee the removal of the old septic system. Additional plants have been added to the proposed restoration area. Ms. Scanlon reported an inspection of the fencing at the abutting commercial property. The Commission discussed the request for a Variance from the 35' setback standard. Mr. Tucker had questions about where they would stockpile. The Commission reviewed the draft findings and conditions for the Order and made some revisions. Motion made by Ms. Ohlson to grant a Variance and allow the proposed foundation to be 30 feet from the wetland boundary. Ms. Stewart seconded. Vote was 5-1-0, Ms. Scanlon against. Motion made by Ms. Ohlson to approve the Order of Conditions with the findings and conditions as amended this evening. Mr. Tucker seconded. Vote was 6-0-0. 2 Conservation Commission, June 22, 2011 Public Hearing, Notice of Intent, Cedar Glen LLC, Elderberry Lane, RGB 2011-12 Present: Kevin Morin, PE, Mike Mazzerati, Contractor, Keith Construction Mr. Morin reviewed the revised site plans dated June 20, 2011 for the Commission. They have added information about the long-term maintenance program for the drainage system. They propose to retrofit the catch basins with hoods, but not replace them due to expense. They propose to enclose the dumpsters on site. The Commission asked questions about the feasibility of adding a water quality treatment unit before the drainage system outfall into the wetlands. The Commission reviewed draft findings and conditions for the Order with Mr. Morin and Mr. Mazzerati, and made revisions. Motion made by Ms. Ohlson not to require the addition of a water quality treatment unit. Ms. Stewart seconded. Vote was 4-2-0, Ms. Scanlon and Mr. Tucker against. Motion made by Ms. Ohlson to approve the Order of Conditions with the findings and conditions as amended this evening. Ms. Stewart seconded. Vote was 6-0-0. Motion made by Mr. Maughan to close the hearing. Ms. Stewart seconded. Vote was 6-0-0. Public Hearing, Notice of Intent, Vadaione, LLC, 244R Ash Street, RGB 2011-9 Present: Jack Sullivan, PE; Brad and Brett Maganzini, applicants The Commission reviewed the draft findings and conditions for the Order with Mr. Sullivan and the Maganzini brothers. They had no concerns about the draft. There were no comments on the revised drainage design from the Town Engineer. The Commission asked that the revised plans be submitted to the CPDC. Motion made by Ms. Ohlson to issue the Order of Conditions with the findings and conditions as amended this evening. Ms. Stewart seconded. Vote was 6-0-0. Motion made by Mr. Maughan to close the hearing. Ms. Stewart seconded. Vote was 6-0-0. 17 Partridge Road, RGB 2009-37 A site visit was done and only one tree remains to be planted. The tree is on site but the owners ran into old roots and need to try another location. The grass cover is good. Motion made by Ms. Stewart to close the Determination with the understanding that the last tree will be planted soon. Mr. Tucker seconded. Vote was 6-0-0. 4 Minot Street Letters were sent about unauthorized parking in the vacant lot at 306 Main Street, formerly a gas station, and the tenants at 4 Minot Street have ceased parking in the area. 306 Main Street, DEP 270-492, RGB 2006-41 3 Conservation Commission, June 22, 2011 The Commission reviewed a Phase V Remedy Operation Status Report dated June 2011, and an email message from Tyree Corporation, the clean-up company, concerning several changes in personnel at Tyree and Getty Petroleum, the owner. An ROS Report due last January was missed, and the June report does not include the samples that should have been carried out this spring. The risk assessment due for the wetlands contaminated with PCB's has not been done, either. A letter will be sent and the Commission will follow up in 60 days. 20 Chequessett Road, Enforcement Order The Commission reviewed a site visit report. Three trees, eight shrubs, and no herbaceous plants have been planted in the restoration area. The approved plan calls for six trees, fifteen shrubs, and seed mix. The Commission will send a letter asking that the remainder of the planting be completed. Hunt Memorial Park The Commission reviewed an email message from the Tree Warden saying he would have the baseball league contact the Commission to address the concerns. The league has not been in touch. The Commission will send a letter to John Feudo and Bob Keating holding the DPW responsible for working with their tenants on the dumping problems. End of Line Road, DEP 313-492 (Wakefield) The Commission reviewed a site visit report, the Notice of Intent, Order of Conditions, and site plan, and email correspondence with the Conservation Administrator in Wakefield. The proposed house and front yard will be in the flood plain that straddles the Town boundary, and also appears to be partly in wetlands. The Wakefield Administrator is consulting with the Wakefield Town Engineer about the flood elevation, and adjustments that should be made by Wakefield to the site plan. The Commission will send a letter to the Commission in Wakefield. 110 Grove Street, DEP 270-553, RGB 2009-8 The Commission reviewed a site visit report. The slopes have good grass cover and the retaining walls and plantings are all complete. The as-built plan has yet to be completed and the bounds for the zone of natural vegetation are still to be set. Causeway Road and other proposed roadway reconstruction projects The Commission has not received any permit applications or proposals for stormwater management improvements as requested. Jacob Way, DEP 270-579, RGB 2011-4 Ms. Fink reviewed the revised site plans, bond, rain garden calculations, and other preconstruction materials that have been submitted. The plan revisions include reconfiguration of the intersection of South Street and Jacob Way, and addition of a sewer pump station. and force main to the existing sewer in Main Street. There will be some lot line changes as a result of the roadway reconfiguration so that the Town will own appropriate rights-of-way along the roads. They have made additional drainage provisions for the roadway, and have revised the designs for the rain gardens to provide appropriate storage volumes and overflow devices. A site inspection is scheduled for June 28th to view preparations for the building demolition phase. 4 Conservation Commission, June 22, 2011 Motion made by Ms. Stewart to accept the plan changes. Ms. Ohlson seconded. Vote was 6-0-0. 281 Main Street, DEP 270-581, RGB 2011-5 The Commission reviewed a site visit report. The pavement has been removed and silt, snow and chain link fences have been installed. Ms. Fink has spoken with the LSP, who proposes to take topsoil from the contaminated area east of the building and place it in the Riverfront restoration area in the north central part of the site. The Commission asked that the soil be tested to be sure that it is suitable for replacement on site per Chapter 21E. Ms. Fink will request testing data. 84 Martin Road, Violation Notice The Commission reviewed a site visit report. Two trees of good size have been planted as required. Motion made by Ms. Stewart to close the order. Mr. Tucker seconded. Vote was 5-0-0. 285 Main Street, DEP 270-540, RGB 2008-34 The Commission reviewed the report from the LSP on the tank closure activities. The work under the Order appears to be complete. The Commission asked Ms. Fink to contact the owner and LSP about requesting a Certificate of Compliance so that the pending redevelopment work can begin. 29 Shackford Road, DEP 270-507, RGB 2007-16 The Commission reviewed an email from the owners with a proposed schedule for work this summer. The schedule did not include the application of loam and seeding needed to stabilize the slopes. The Commission will send a letter to include this work and finish the project this summer. 489 Lowell Street, RGB 2010-22 and Minor Projects The Commission reviewed the site visit report. The owners are working on the new deck and they have not yet begun the pool under the Minor Project Permit issued this month. The sheds and the extension of the driveway permitted last year are complete, and the grass is in very good condition. Motion made by Ms. Ohlson to close the Determination for the driveway and the Minor Project Permit for the sheds. Ms. Stewart seconded. Vote was 6-0-0. Sailor Tom's Way Subdivision The Commission reviewed a letter and revised site plan from Magee Construction, a new company that is taking over the site. Magee has set the limit-of-work line outside of the Buffer Zone and Vernal Pool Habitat. The Commission will send a letter confirming that the project will not require a Notice of Intent so long as the limit is strictly observed and erosion barriers are maintained. 40 Sunset Rock Lane, Conservation Restriction Ms. Fink has been working with Town Counsel and the owners on the Restriction. The owners' mortgage lender is not cooperating with a subordination, and Town Counsel is pursuing the matter. The Commission is open to recording the Restriction without the subordination, if necessary. Mattera Cabin The Commission reviewed a report from John Feudo, Recreation Director. He will put $3,000 from the Recreation fund into the Mattera Cabin revolving fund to start cabin use. Rental fees will go Conservation Commission, June 22, 2011 into the fund and cabin expenses will be paid from the fund. The Commission reviewed a draft policy for cabin use, and will discuss it further on July 13, 2011. A copy will be sent to Mr. Feudo for review. Office transition The Chairman has not yet received a response from the Town Manager regarding his email request for a meeting to discuss the office transition. A replacement Conservation Administrator has not yet been announced. Ms. Fink will provide a tour of the office on June 23rd with several Commissioners, the Conservation Clerk, Darlene Foley, and the Department Head, Jean Delios. Ms. Fink will prepare status reports and other information about office operations to assist with the transition. West Street, power lines The Commission reviewed the email from NSTAR, withdrawing their proposal to install a gravel access road between the northern end of West Street and the Woburn 'town boundary at Inwood Drive. 25 Curtis Street, DEP 270-576, RGB 2010-26 Ms. Fink gave a site visit report. The addition is finished on the outside and the grass is being seeded where the yard was disturbed. The owner is making plans to removed the shed from the wetlands. 95 Grove Street Motion made by Ms. Stewart to approve a Minor Project Permit for a shed. Mr. Tucker seconded. Vote was 6-0-0. Minutes for approval Motion made by Ms. Stewart to approve the Minutes of May 25, 2011, with a correction in the list of members present. Ms. Ohlson seconded. Vote was 6-0-0. Motion made by Ms. Ohlson to approve the Minutes of June 8, 2011, as drafted. Mr. Tucker seconded. Vote was 6-0-0. Commission Membership Tom Loughlin has been appointed to the Commission and Bill Hecht has been reappointed, both for three years beginning July 1, 2011. MACC Membership Motion made by Ms. Stewart to authorize payment of the annual membership for the Commission and Administrator in the amount of $645 from the professional development budget in the Department budget for Fiscal Year 2012, to be paid in July, 2011. Ms. Scanlon seconded. Vote was 6-0-0. Conservation Commission, June 22, 2011 Burbank YMCA The Y has filed a site plan with the Community Planning and Development Commission to expand the parking lot, including stormwater management improvements. The plan shows a limit of work outside the Buffer Zone and a Notice of Intent will not be required. 0 John Street (between 55 and 87 Walkers Brook Drive), DEP 270-578, RGB 2011-2 Ms. Fink reported that the gas company contractor had come in recently for signatures on the demolition permit application for the building on Walkers Brook Drive. The demolition and septic system work had not been carried out last winter as originally planned. Ms. Fink reviewed the Order, and found that the deadlines had passed this spring for the site visit and planting plan for Riverfront Area restoration work. Ms. Fink had contacted Mary Casey and scheduled a site visit for June 27, 2011. Economic Development Summit The chairman reviewed what happened at the meeting for the rest of the Commissioners. 66 Sturges Road Mr. Hecht and Mr. Maughan reported that they had received comments from Steve Oston concerning the applicability of the wetlands regulations to routine landscaping and concerning the statute of limitations under the laws. Mr. Oston is expected to attend the next meeting on July 13, 2011. Mr. Maughan will bring the issues raised-to the ad hoc bylaw review committee. Tina Ohlson This was Tina Ohlson's last meeting as a member of the Conservation Commission and they wished her well in future endeavors. Fran Fink This was Fran Fink's last meeting as the Conservation Administrator before retirement, and the members commended her for her work with the Commission. Adjournment Motion made by Mr. Maughan to adjourn the meeting at 9:38 PM. Mr. Tucker seconded. Vote was 6-0-0.