HomeMy WebLinkAboutCONSERVATIONminutes02252008-20080422153342
Conservation Meeting
February 25, 2008
Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Carole Matthew;
Cindy Ostrowski; Michele Grenier, Conservation and Environmental Planner
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2. DiScu~sion.'\Vith..Anf1.'....I'tII(:,NI.,l1erny,L()u....I\II~!Ji~IIO.al1d..Jeff..Heidelb~rg':,
VegetationM_nagement-MansfieldCrossing~ #211-704. '
Lou Masiello, Director of Development for W/S Development Associates LLC,
Ann McMenemy of ERM and Jeff Heidelberg, Project Manager were present.
Ann McMenemy, on behalf of Route 140 School Street LLC, presented
information regarding the vegetation management-the pruning and thinning of
trees and vegetation-around two of the three permitted pylon signs, located on
the west side of Route 140 south and along the east side of Route 495 north, to
improve sign visibility and to a lesser extent, building visibility from these major
highways.
A driveway had been permitted in this area with the approval of the Planning
Board and other local boards but was never approved by Mass Highway
Department, who owns and maintains this area.
W/S has prepared an application to Mass Highway to ask their permission to
allow W/S to hire an outside contractor to go on this property and take specific
branches off the trees and remove shrub.
Mass Highway would send a representative from their landscaping department to
watch the removal of tree branches to thin the foliage in this area.
Part of the submission materials to be sent with the application is a letter of
support from the local boards of Selectmen, Conservation and Lee Azinheira, the
Tree Warden.
Lou told the Commission they went first to Planning Board, voluntarily, since they
had played such an active role in the appearance and visual aesthetics of the
center. Lou thought it appropriate to go to them even though they would not
have a discretionary role to play in the decision. The Town Manager agreed they
should consult with the Planning Board first. W/S asked for an informal
recommendation, which the Planning Board granted. The Planning Board will
recommend the Selectmen authorize the tree trimming. W/S has asked the Tree
Warden for his opinion; he has advised verbally that he intends to recommend
the pruning but he does want an opinion from Conservation and the Selectmen.
The work will be accomplished without any disturbance to a resource area; no
erosion control will be required. All work will be done from the Mansfield
Crossing site or from the shoulder of Routes 140 and 495. Any work not
accessible from these areas will be done by hand (handsaws or chainsaws). All
trees and vegetation will be removed from these areas, chipped or mulched and
used onsite at the mall or disposed of offsite.
Ann told the Commission the trees to be taken down are aspen, oaks and pine.
On Route 140 the pruning will be limited to the lower branches of approximately
20 oak trees and the thinning of a stand of white pine saplings with some shrub
removal. The cutting will not impact the highway runoff drainage ditch in this
area.
On 1-495 north, Lou told the Commission the pruning is necessary to provide sign
visibility to southbound travelers. Upper branches will be pruned from oak and
white pine trees with minor pruning of a stand of aspen. Lou told the
Commission the vegetation management in this area would have no impact on
the function or value of the drainage ditch.
Michele told the Commission the ditches are storm water runoff ditches and
Conservation, under the Wetland Protection Act, has no jurisdiction over them.
She said Mass Highway has always cut and prune this area of 1-495.
Paul asked Lou how many trees would have been removed in this area if the
roadway had been allowed by the state. Lou said that an area of approximately
315 sq. ft would have been clear-cut. He told the Commission they are asking
permission to trim branches and shrubs from a much smaller area.
A Certified Arborist (MCA) would do all work and a professional wetland scientist
would be on site during the pruning/cutting. The Planning Board has also
requested a representative for the town is.present when the trimming takes
place; Lou told the Commission Shaun Burke, Director of Planning and
Development, would be the town's representative. Lee Aziinheira, the tree
warden, should also be present.
For the future, Lou would like to establish a regular maintenance plan for the
cutting/pruning of these areas.
Carole requested a letter from Lenny Flynn, President of The Natural Resources
Trust of Mansfield, Inc. (NRT) to Bernard McCourt, District Director MHO, dated
February 6,2008, be read. Cindy read the letter stating NRT is opposed to the
issuance of the permit. Lenny feels the signs serve no purpose; the sign on 495
is past the turn for the shopping center and the sign on 140 is placed where the
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developer failed to get approval for an access curb cut and entrance to the mall.
He feels the multicolored signs are a distraction to drivers.
Lou told the Commission he feels the signs are tastefully done and do not pose a
hazard to drivers. He said the stores in the mall have a right to visible signage
directing people to the mall.
Paul thinks the Commission should wait until all other Boards have been
consulted before writing a letter of approval. He would like a maintenance plan
submitted at that time. W/S will return for the March 10, 2008 meeting.
Ann said she would meet any Commission members who would like to walk the
site. Cindy, Joe and Paul will meet with Ann in March to view the area to be
pruned/cut. The Commission would also like Michele to set up a meeting with
Shaun Burke to discuss the tree pruning and cutting. March 4th would be good
for Cindy, Joe and Paul. Michele will let Shaun know.
Discussion ended 7:40 pm.
3. Certificate of Compliance: Bradford Hasting$, 1fDani~lIeL~ne.~211-
0795
Bradford Hastings, the homeowner, is asking for a Certificate of Compliance on
an Order of Conditions issued on April 26, 2007.
Michele performed a site walk on February 14, 2008. The applicant has
complied with the Order of Conditions; signage reading "Environmentally
Sensitive Area-Do Not Disturb" (on the wetland line, every 50 ft.) and a drywell
for the roof drain. An as built has been submitted.
Joe asked if Conservation had a standard sign for applicants to buy and if not,
would it be better if the signs were purchased through Conservation.
Michele said the town cannot purchase the signs; a special account would have
to be established for Conservation to purchase the signs. She sends people to
the Taunton Sign Co. because the town uses them for signage. Conservation
specifies what has to be put on them and the size.
Because there were only 5 signs to be made, Brad told the Commission the
Taunton Sign Co. would not make them. They told Brad to make the signs out of
plastic. The signage at 11 Danielle Lane is a piece of wood bolted to the metal
posts and Mylar plastic signs have been stapled on to the wood.
Joe told Brad he has done a great job on this project but he is concerned about
the signs. He is not sure how long the plastic signs will last.
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He was also concerned about the natural pathway leading out to the wetlands. If
it is possible, he would like Brad to move the signs on both sides of the path a
little nearer to the pathway to make people more aware of the wetlands.
Paul made the motion to issue a Certificate of Compliance for 11 Danielle Lane,
with the stipulation that the signs nearest the natural pathway be moved closer to
the pathway.
Cindy seconded.
Passed 4-0.
Hearing ended at 7:45 pm.
r 4. .CertificateofCom(mallc~:JeanneD.iqn,22Fl'alllDri"e..#211-S40.. .... .f.1
Attorney Peter Clark submitted a letter on behalf of a bank. The house is now
being sold and the bank will not accept the sale without a Certificate of
Compliance.
22 Fram Drive, Lot 5, had no conservation issues but was included in the Order
of Conditions issued to the George Fram Estates subdivision and shows up on all
the deeds of every house built in the subdivision. Michele recommends the COC
be issued.
Michele told the Commission this is an example of why an Order of Conditions
should be issued for the roadway, utilities, etc. only and each lot be given a
separate Order of Conditions. All the houses in this subdivision with
Conservation issues have been issued partial Certificates of Compliance.
Because the attorney's letter requested a partial release of the Order of
Conditions for Lot 5, Cindy would like Michele to call Peter Clark and clarify the
request; it should be for a complete Certificate of Compliance.
Paul would like anyone requesting a Certificate of Compliance to be present at
the hearing.
Paul made the motion to issue a Certificate of Compliance for 22 Fram Drive, Lot
5- #211-540 (partial or complete should be determined by calling Peter Clark and
having a new letter submitted for a complete release of the Order of Conditions.
Carole seconded.
Passed 4-0.
Hearing ended 7:50 pm.
.5. i RequesfforDete.rminatiol1ofApplicabillty:. F~~iai~rangVJY~ri~,4S(..
WindchimeDrive. . ..
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James and Fadia Brangwynne, the applicants, were present.
The RDA was filed for the installation of an in-ground pool within the 100 ft. buffer
of bordering vegetated wetlands. The pool will be located approximately 75 ft.
from the BVW and within the fenced-in yard.
The filtration system will be a cartridge filter; no backwash required. B&L Pools,
Oxbridge, MA, will do the work. The work will start April 21st. A salt-water
generator will be installed, eliminating the need for chlorine. All extra fill will be
removed from the property.
Cindy made the motion to accept the plan as drawn for the installation of a pool
at 45 Windchime Drive and to issue a Negative 3 Determination; all fill is to be
removed from the site and a cartridge filtration system is to be used.
Carole seconded.
Passed 4-0.
Hearing ended 7:57 pm.
la.Notice of Intent:MarkBlanCl1ette,69KlngStreet.#2t1-()~07. >>i I
The Notice of Intent was filed for the removal of an existing building and concrete
wall and the construction of a dwelling with an attached garage, deck, stairs,
driveway and utilities within the 100 ft. discretionary zone. The site is within a
1 OO-year flood plain; flood plain filling and compensation calculations have been
submitted.
The hearing will be continued because not all information necessary to make a
determination has been received. RIM has to perform borings (soil testing) as
requested in a memorandum by John Sullivan, Town Engineer, dated February
14, 2008. Also at this time, there does not appear to be an area for floodwater
displaced by the project, a concern John Sullivan has addressed in this
memorandum.
17. Village. atWiUo""Crossing,~li3 Bran.cll $treet.#211-0809.
..:'1
The Notice of Intent was submitted for 56 new cottage residential units at Village
at Willow Crossing, an age restricted residential development. The proposed
project will include the 56 new units, a clubhouse, a roadway with appurtenant
storm drainage system and power, gas, sewer and water utilities. The majority of
work will be located outside the 100 ft. buffer of bordering vegetated wetlands.
The area is within the 200 ft. Riverfront, Back Bay Brook.
The hearing will be continued. The applicant needs time to address comments
made in a memorandum, dated February 11, 2008, by Richard Alves, Senior
Engineer.
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'..:8..' Discussion:.... James and .L,sterEpstein,9001\t1apleStreet.211-423.1
Discussion started at 8:00 pm.
James and Lester Epstein, the landowners, were present. The Commission
requested their presence at the meeting to discuss on-going problems at 900
Maple Street.
On September 5,2007, James and Lester Epstein were issued an Enforcement
Order for their property on Maple Street. A site visit found debris and equipment
in the 25 ft. nodisturb area.
The Order of Conditions is still outstanding; only a partial Certificate of
Compliance has been issued because at the time of issuance, final grading and
stabilization were not completed. The Commission would like James to file for a
complete Certificate of Compliance.
At this time, the Commission would like the wetland line re-flagged, extending the
line on the entire property and in the future use this line as the limit of clearing.
Cindy wanted to know if Mr. Epstein could call the person who originally
delineated the wetlands and have them restore the wetland flags instead of re-
delineating the line. Michele and Paul suggested he call Michael Trowbridge to
get the information regarding the delineation done 13 years ago. The
Commission will accept the line being restored but would still like Mr. Epstein to
extend the line on the entire property.
James and Lester will call Michael Trowbridge and both will return for the March
10th meeting.
Discussion ended at 8: 15 pm.
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Paul asked for information about the Little League leasing contract for the playing
fields off Otis Street (The Sweet property, donated to Conservation). Each
Commission member has received a copy.
The original agreement allowed for the construction of baseball fields and to
make associated improvements. The lease was for a term of three (3) years with
an option to renew for another three ~3) year period with the annual rent of one
($1.00) dollar due on or before the 18 of November of each year. This contract is
dated February 27, 1989. There is no evidence the contract was ever renewed
or updated.
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Paul asked that the Commission review the contract. The commission might want
to amend or add to the contract. He gave an example: no artificial lighting is
allowed on the fields now but in the future someone might request that lighting be
installed.
Carole made the motion to accept the minutes of February 4,2008 as written.
Cindy seconded.
Passed 4-0.
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Cindy made the motion to adjourn at 8:40 pm.
Carole seconded.
Passed 4-0.
Next Meeting will be March 1 0, 2008 at 7:00 pm.
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Joseph Mulkern
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Date
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