Minutes
Tuesday, December 13, 2005
Mr. Weiss, Chairman, called the Tuesday, December 13, 2005, meeting of the Conservation Commission to order at 7:30 PM in Room 14 of the North Reading Town Hall, 235 North Street, North Reading, MA.
Members
Present: Martin Weiss, Chairperson
Tim Allen, Vice Chair
Paul Dick, Member
Jonathan Cody, Associate Member
Absent: Kathleen Legere, Member
James Demetri, Member
Staff Mary Trudeau, Conservation Agent
Present: Kathy Morgan, Administrative Assistant
Guests:
Discussion/ Correspondence File/Minutes
Discussion: Mr. Allen questioned Mr. Dick to see if he was satisfied with the section of the minutes for the project at J. T. Berry referring to his denial of the project. Mr. Dick said that he approved of the minutes the way they were written.
Mr. Allen moved, seconded by Mr. Dick and voted 3-0;
that the Conservation Commission accept the Minutes for November 15, 2005, as written.
Conservation Commission Minutes of 12/13/05 Page 2
Richardson’s Garage
Mr. Richardson was sent a letter asking him to come to this meeting, but he was not present. Ms. Trudeau explained to members that two acres of the parcel were cleared. She is unsure as to the limit of the wetlands but feels that there may be wetlands in the area of the second berm. There are a lot of trees down – some maybe from the wind storm that passed through town. Ms. Trudeau will call Mr. Richardson and tell him he has to delineate the property and attend the next meeting of the Commission on January 10th.
Rte 62 Project
There was no representative for the project. Ms. Trudeau reported that Bayside’s calculations came in well over 5,000 s.f of disturbed area, proving the initial calculations to be wrong. Ms. Trudeau has requested an as-built plan be submitted, but feels as though it will not be submitted. She will pursue their representative for plans for the alterations but doesn’t know if it will get done. Mr. Weiss suggested that the Commission get a written response from the state’s representative to Ms. Trudeau’s letter and if no response if forthcoming, fines will be issued.
Captured Rainwater
Mr. Dick brought this grant proposal to members’ attention. The Ipswich River Restoration: U. S. EPA Targeted Watersheds Grant Program, The Mass. Department of Conservation and Recreation, with funding from the U.S. Environmental Protection Agency, is piloting innovative approaches to reduce severe low-flow problems in the Ipswich River watershed. Grant money will go for projects that capture roof runoff and use the runoff in their irrigation. Mr. Dick thought some of the 40B projects could sign up for this project. He suggested sending information to developers to educate them and if they are interested they can apply for the grant money.
40B Subcommittee
Mr. Allen volunteered to be a liaison from the Conservation Commission to this subcommittee, along with Ms. Trudeau.
Mr. Dick moved, seconded by Mr. Weiss, and voted 3-0;
that Mr. Allen and Ms. Trudeau participate on the 40B Subcommittee, representing the Conservation Commission.
Conservation Commission Minutes of 12/13/05 Page 3
2 Lantern Lane
Ms. Trudeau reported that she had a call from Mr. Depesa’s neighbor, Ms. Stone, stating that he did not continue his privacy, PVC fence down the property line, as he was required to do. He, instead, installed a chain link fence which does nothing for her privacy which was taken away when Mr. Depesa removed the vegetation between them. Mr. Orchard was present and explained that white pine trees were bought but not planted before the frost so they will have to wait. Mr. Orchard said that the chain link fence was used because they needed more flexibility. Ms. Trudeau will go out and look to see if the PVC fencing could or could not have been continued between the two properties.
J. T. Berry site/Lowell Rd.
Ms. Trudeau advised members that an appeal is in process on the project. Mr. Lowry, a representative for the applicant, said that the applicant agreed to pay for Mr. Long or another outside consultant the Commission would like to hire for the appeal process. Mr. Dick said that he would like to look into who the Commission hires as future consultants and would like more discussion on the person hired.
Certificate of Compliances
13 Equestrian Drive (245-432)
Ms. Trudeau went out to the site and thought the area was well landscaped.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission issue a Certificate of Compliance.
5 Tarbox Lane (245-856)
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission issue a Certificate of Compliance.
Conservation Commission Minutes of 12/13/05 Page 4
Public Hearings
3 Gifford Way (245-1176)
Greg Hockman, from Neve & Associates, was present for the applicant. Mr. Hockman explained that the wetland delineation approved in the ORAD is still valid.
Mr. Hockman explained that the property is located off Lisa Lane. To access the property, they will be doing a crossing over a large BVW with a three-sided bridge, 10’ wide up the drive with rip-rap slopes. There was a comment from DEP questioning why the applicant was putting a rip-rap slope instead of installing a retailing wall. Mr. Hockman said they wanted to provide less of a barrier. They will be mitigating one and a half to one for the replication. Some of the 12’ buffer is proposed to be disturbed within the wetland replication area. No drainage calculations have been done, but Mr. Hockman does agree that drainage is a problem in the area, stating that the channel just sits. Ms. Trudeau stated that previous applicants who filed for work on this property have been required to do
drainage studies. Mr. Hockman said that he is more than willing to provide drainage calculations. Ms. Trudeau requested the amount of material to be removed and would like the de-watering process outlined. Ms. Trudeau said that a retaining wall would require less alteration and asked that they consider it. Details of the excavation for the footings for the bridge were requested as well as review of the installation of utilities under the bridge.
Neighbors from Lisa Lane were present and stated their concerns about the drainage. One neighbor stated that there are open ditches for drainage. He said that when the subdivision was put in they used the wrong elevations and as a result a few of the yards in the neighbor flood continually.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission accept the applicant’s request to continue the Public Hearing to January 10, 2006, to supply the items requested.
13 Riverside Drive (245-xxx)
Kathleen Stewart, the applicant and homeowner, was present. Ms. Stewart would like to add an addition to the back of her house, constructed on piers. Riverfront area extends onto her property, but this project is below the threshold.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
Conservation Commission Minutes of 12/13/05 Page 5
that the Conservation close the Public Hearing and issue the Order of Conditions with the standard 35 conditions, but hold for a DEP#.
2 Country Club Road (245-xxx)
Ben Osgood, from New England Engineering Services, was present for the applicant. The applicant is replacing the existing septic system. The wetlands are located to the back of the property. The system will accommodate the same number of bedrooms but is larger because of the perc rate. Ms. Trudeau went out to the site and felt that wetland flag A2 should be brought in to the toe of slope, which brings the setback from wetlands to the system closer. As a result of the decreased setback, Mr. Osgood will need to review the plan again.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission accept the applicant’s request to continue the Public Hearing to January 10, 2006.
28 Leclair Street (245-1177)
Luke Roy, from O’Neill Associates, was present for the applicant. The property is a 2300 s.f. lot, right on Martins Pond. The replacement septic system will be located adjacent to the old existing cesspool. Variances are being requested from the Board of Health. Plastic materials will surround the system. Mr. Roy said that a tight-tank would be problematic for pumping. Accessing the property is a problem.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
That the Conservation Commission close the Public Hearing and issue an Order of Conditions with the standard 35 conditions, but hold until a Board of Health permit has been issued.
122 Elm Street (245-xxx)
Ed Radcliff, from E.S.S. Engineering, was present for the applicant. The existing house will be torn down and replaced with a 3 bedroom house. Resource areas include; inner and outer riparian and BVW. The septic system and tank are outside the 100’ buffer, but within the riparian area. The proposed house will be located 84’ from the edge of wetlands. Ms. Trudeau requested that calculations for alterations within the riverfront area be submitted. Abutters were present and the plan was explained to them.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
Conservation Commission Minutes of 12/13/05 Page 6
that the Conservation Commission accept the applicant’s request to continue the Public Hearing, to submit the calculations requested, to January 10, 2006.
Continued Public Hearings
1 & 8 Pilgrim Road (245-xxx)
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission accept the applicant’s request to continue the Public Hearing to January 10, 2006.
42 Kings Row (245-1169)
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission accept the applicant’s request to continue the
Public Hearing to January 10, 2006.
24/26 Lee Road (245-1173)
Luke Roy, from O’Neill Associates, was present for the applicant. Revised plans were
submitted dated 12/13/05. The wetland delineation was done by Leah Basbanes. Mr.
Dick wanted to review the site again with the botanist, but didn’t get the chance prior to
the hearing. Potential vernal pools were added to the revised plans. Ms. Trudeau
stated that Mr. O’Neill had requested that the Commission approve the BVW line, but
the buffers required around the potential vernal pools would restrict access to the
property. Mr. Roy was advised to request a continuance to discuss future plans with his
client.
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission accept the applicant’s request to continue the
Public Hearing to January 10, 2006
Adjourn
Mr. Allen moved, seconded by Mr. Dick, and voted 3-0;
that the Conservation Commission adjourn the meeting at 9:35 PM.
Approved ___________________Date ________
| 
