HomeMy WebLinkAboutCONSERVATIONminutes03102008-20080507185524
Conservation Meeting
March 10,2008
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Present: Joe Mulkern, Chairman; Paul Boyden, Vice ChairI1J~~;}~,r~~ ~tfhew:~
Cindy Ostrowski; Michele Grenier, Conservation and Enviro\1me'rlbU Prariner~ I
1. M~eting called to order at 7 :10 pm.
.2. Request for Determinati()n of Applicability: Michael D'Antonio, 31 Lakeview
A venDe. .
The Request for Determination of Applicability was filed for a cesspool upgrade to a
Title 5 septic system within 100 ft. of Greenwood Lake. The cesspool will be pumped,
filled with sand and crushed. Hay bales and silt fence will be installed at the 50 ft. line.
Ralph Maloon of RIM Engineering represented the applicant.
A total of 4 pine trees would be removed. Paul would like the trees to be removed on the
plan. Michele reminded Paul the trees are out of the 100 ft. buffer.
Paul asked if it was possible to move the septic to the other side of the driveway.
Ralph told Paul environmentally this is the best location. It is farther away from the lake
and is an improvement over the cesspool. He told the Commission if the system is
moved to the other side of the property, the setbacks couldn't be met. A variance would
have to be filed for the street and the house. Ralph did not think a variance would be
granted. The driveway also would have to be moved because there is not enough room
on the right side of the property to accommodate the septic system.
Michele reminded the Commission the new septic system is in the front of the property,
as far away from the lake as possible and is a far better system than the existing cesspool.
Cindy made the motion to accept the plan for 31 Lakeview Avenue as drawn, dated
February 20, 2008 and to issue a Negative 3 Determination. Hay bale/silt fence to be
installed on the 50 ft. line and certified by Michele before work starts. 4 pine trees can be
removed. The lawn is to be loomed and seeded over the septic leach field.
Hearing ended 7:25 pm.
.3. Sha:nnW. Kelly; 20 Carol J{oad: Lifting of Enforcement Order.
Michele performed a site visit on January 10,2008 and again last week. Mr. Kelly has
complied with the Enforcement Order; the wetlands were delineated, the debris has been
removed from the wetlands and the signs reading "Environmentally Sensitive Area- Do
Not Disturb" are located on the 50 ft. line. She recommends the Enforcement Order be
lifted.
Mr. Kelly was not present. Karis North, Mr. Kelly's lawyer, had asked Michele to lift the
order tonight because the courts are taking the case to the next level of prosecution if the
order is not lifted; a letter will be fax to Karis tomorrow as there is a deadline.
Cindy also visited the property; she found Mr. Kelly has complied and the signage is up
but she told the Commission the signs are only 112 inch by 2 inches. She asked if there
was a standard size required and if not could the Commission require a certain size.
Michele said at a later time, the dimensions of the signs required should be discussed and
a standard size decided on.
Cindy told Michele she found a battery in the wetlands. Michele told her it might not be
on Mr. Kelly's property; part of the wetland is on another person's land.
Cindy made the motion to lift the Enforcement Order for Shaun Kelly of 20 Carol Road.
Carole seconded.
Passed 4-0.
Cindy mentioned a possible violation at 6 Carol Road. The owners filed with
Conservation 1-2 years ago. They appear to be constructing a shed within the 100 ft.
buffer of BVW without a conservation permit. Michele will do a site inspection.
Hearing ended at 7:30 pm.
4. Discussion: Ann McMenemy, Tree Pruning/Cutting Mansfield Crossing Mall.
Ann McMenemy of ERM, Jeff Heidelberg, Project Manager and Bob Frazier were
present.
At the meeting of February 25th, Ann presented information regarding the vegetation
management in the area of the Mansfield Crossing signs on Route 140 South and 1-495
North. Ann explained W/S was preparing an application to Mass Highway for
permission to prune or cut branches, thinning of saplings and removal of some shrubs.
WS came before the Commission to request a letter of approval for the pruning. They
have the approval of the Planning Board, the Tree Warden and were going before the
Board! of Selectmen.
At the February 25th meeting Ann, Lou Masiello, Director of Development for WS
Development Associates, LLC and Jeff Heidelburg, Project Manager agreed to return
tonight for a decision to give the Commission time to consult with Shaun Burke to get
answers to any questions they might have and to give the Board a chance to view the
areas to be cut/pruned.
Cindy, Joe and Carole are not in favor of the cutting/pruning.
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Lenny Flynn, President of the Natural Resources Trust' of Mansfield, Inc. gave the
Commission copies of the Highway Beautification Procedures concerning sign control.
Mr. Flynn is against the planned pruning and cutting of trees around the signs on Route
140 arid 1-495. He told the Commission the purpose of the sign control program is to
control the amount of advertising signage erected on public highways to promote safety
and preserve the state of natural beauty. If the signs are located within 660 ft. of a right-
of-way, the signs are limited to directional signs and notices of natural wonders, scenic
and historical attractions. The mall signs do not serve as highway directional traffic
signs, their only purpose is branding identification for the stores in the mall.
He said NRT, Mass Highway, the Conservation Commission and the Department of
Conservation Services, along with the taxpayers of Mansfield have, in the last 35 years,
acquired more than nine hundred acres of conservation land in this area. He hopes the
Commission will not approve the cutting/pruning of this area.
Joe asked for a motion in support of or against the vegetation maintenance plan. No
motion was made at this time. Paul thinks the best motion to make at this time would be
a motion to reconsider and he would like to have another member of the Commission
present before a vote is taken. He asked if WS could go forward without the letter of
recommendation from Conservation. Jeff said they needed the letter in order to present
the aw]ication to Mass Highway.
Paul asked when the marking and flagging of the trees would take place. Jeff said the
trees couldn't be marked until Mass Highway has approved the application.
Joe again asked for a motion and Cindy made the motion that the Board not support the
reference letter to the Board of Selectmen. Carole seconded and the motion passed 3-1.
Ann asked that the Board write a letter providing reasons for the refusal.
Discussion ended 7:57 pm.
5. James Epstein, 900 Maple Street-Enforcement Order and Certificate of
Compliance.
J ames and Lester Epstein were present.
After further investigation, it was found that the house at 900 Maple Street was built in
1993 before the Mansfield By-law was written in 1999. Michele told the Commission the
Order of Conditions is not under the 25 ft. or 50 ft. no disturb rule.
Jimmy Epstein asked if the wetlands still needed to be delineated now that the 25 ft. set
back in no longer necessary. He was told the delineation would have to be done if he
does anymore work on the property. He asked about mowing and cutting trees that are
dead. Michele told him there is to be no more clearing on the lot, no more cutting trees,
even dead ones without contacting Conservation and no activity in the wetlands.
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Cindy wanted it made clear to Mr. Epstein any work on the property would require a
Notice of Intent.
Michele went out to the property today (March 10th) to make sure the cinder block and
netting have been removed from the uncertified vernal pool. Everything has been
removed from the wetlands. Mr. Epstein has complied with the Enforcement Order.
Carole wanted to know about the wetlands east of wetland flag #8. Michele told her in
the Order of Conditions dated 5-17-1993 any reference to flag #8 is a finding. Mr.
Epstein was not asked to delineate. On the [mal plan submitted, dated AprilS, 1993 and
revised on June 1, 1993, a note states the wetlands westerly of flags 1-3 and easterly of
flag #8 have not been flagged, located or confirmed. Any work other than the area shown
on this plan will require the delineation of the wetlands on the entire property and the
filing of a Notice of Intent.
Cindy made the motion to issue a Certificate of Compliance for 900 Maple Street.
Carole seconded.
Passed 4-0.
Paul wants tonight's discussion in the form of writing sent to Mr. Epstein with complete
clarification by the Board about any further work done on the property requiring a Notice
of Intent.
Hearing ended at 8:10 pm.
16....N~tife()f.Inte~lt: .IVlarkBl~nchette, 69I{jfig.Street.
Joe opened the hearing for 69 King Street.
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 100-year flood plain;
flood plain filling and compensation calculations have been submitted. Applicant asked
for a continuance to March 24th.
Cindy made the motion to continue.
Paul seconded.
Passed 4-0.
Hearing ended at 8:01 pm.
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7. Notice of Intent:Villllgcat Willow Crossing, Benchmark Assisted Living,D~lm....
. McKenzie, Inc~, 253 Branch Street. . . .
Joe opened the hearing by reading the proposal.
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The Notice of Intent was filed for the construction of new cottage residential units (age
restricted residential development). The proposed project will include 56 new units, a
clubhouse and roadway with appurtenant storm drainage system and power, gas, sewer
and water utilities.
Hearing will be continued to 4/14 at the applicant's request; they need time to review
engineering memorandum.
Cindy made the motion to continue.
Paul seconded.
Passed 4-0.
Hearing ended at 8:02 pm.
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Little League fields off Otis Street (The Sweet Property): At the February 25th meeting,
the Commission members were given a copy of the lease agreement to the Town of
Mansfield for the use of the fields. Paul asked the Commission to review the contract to
see if anything needed to be added or amended.
The lease agreement allowed for the construction of the baseball fields. The lease was
for a term of 3 years with the option to renew for another 3 year period with the annual
rent of one ($1.00) per year. The contract is dated February 27, 1989 and has not been
renew since that date.
Paul noted there have been improvements made to the driveway. The driveway was
unpaved and a source of a significant amount of dust during the spring, summer and fall
months. A homeowner adjacent to the fields had been unable to use their property during
the Little League season because of the dust. The dust exacerbated an existing health
condition affecting their son.
Paul thinks the paving of the driveway should be added to the contract. In the past, when
the Little League season was over, members of Conservation, Recreation and the Little
League would walk the site to make sure the fields did not require any clean-up or
maintenance. He does not think this has been done in a long time. He would like to set
up a time to walk the area with a representative from Recreation and the Little League.
Michele will speak to Lorilee (Recreation) and contact Steve Mallett of the Little League
to set a time. The Commission agreed Tuesday afternoon or Saturday before 12:00
would! be the best times.
Paul also expressed concern about the pond on the property. It has become overgrown
with weeds.
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Michele received an e-mail on Saturday March 8th from John D' Agostino requesting she
inspect Hodges Brook: the railroad has been cutting trees and brush along the tracks and
the treeslbrush have been put in the brook. Michele tried to get back to the area but due
to high water, could not. She will try again.
Carole asked about Suzanne Estates (Suzanne Mary Development). A letter, sent
certified and by normal delivery, was mailed to Keith Signorelli on February 6th about the
conservation restriction. The letter to Mr. Signorelli has not been acknowledged.
Michele has placed 2 unanswered phones calls also. Cindy asked if he does not respond
to the certified letter does Town Council get involved. Michele feels it is up to the
Division of Fisheries and Wildlife and Natural Heritage; they have jurisdiction; they
requested the restriction (in a letter dated 12/27/04, the Division of Fisheries and Wildlife
and NHESP requested that a deed restriction or conservation restriction be placed on the
currently forested back portions of lots 3 and 4 to ensure that these lots remain forested in
perpetuity). Natural Heritage has jurisdiction over this property because of the vernal
pools and the blue-spotted salamander, an endangered species. Conservation has no
jurisdiction. A Notice of Intent was never filed because all of the houses were out of the
100 ft.
The Commission reviewed the draft of the restriction and made a change to paragraph 10;
it should read, "no use of motorized vehicles will be allowed". The restriction was
forwarded to RIM Engineering. As far as Michele knows the restriction has never been
completed or recorded. Paul would like Michele to contact Natural Heritage and she will
also call Tim McGahan, the attorney who prepared the restriction so a final document can
be prepared.
Carole would like a final clarification sheet (not a draft) done regarding the criteria for
enforcement of the 50 ft. set back the Commission would like Michele to write into the
regulations. Paul would like the final draft to go Bob Mangiaratti, Town Council, for
legal wording so at a later date we are not trying to defend something that is indefensible.
Cindy asked if Michael Trowbridge had been contacted about the damaged silt fence on
the Meeks property, 72 Williams Street (Appaloosa Estates). Michele told her it has been
repaired.
Michele wanted the Commission to know she taught a course on vernal pools at the
Middle School on Wednesday, March 5th. The students are studying vernal pools as an
after-school group. They expressed an interest in helping Michele flag a vernal pool.
Cindy made the motion to approve the minutes of February 25, 2008 as written.
Paul seconded.
Passed 4-0.
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I 9... Adjou~nment.
Paul made the motion to adjourn.
Cindy seconded.
Pass 4~0.
Next meeting will be March 24, 2008 at 7:00 pm.
Cb~
Joseph Mulk~rn, Chairman
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