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HomeMy WebLinkAboutCONSERVATIONminutes04282008-20080529130313 Conservation Meeting April 28, 2008 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Carole Matthew; Cindy Ostrowski; Jack Smith; Linda Falk; Derek House; Michele Grenier, Conservation and Envirotnnental Planner. It. Meeting called to order at 7:00 pm. 2. Abbreviated Notice of Resource Area Delineation: Carlos SQria,440Forbes Boulevard, Toyota Motor Sales. Paul opened the hearing for 440 Forbes Boulevard at 7:00 pm. Cubellis, on behalf of Toyota Motor Sales, submitted an ANRAD to conftrm the wetland boundaries of the resource areas at 440 Forbes Boulevard. This is a 24.5-acre parcel of which the western portion of the property is undeveloped consisting of upland and wetland areas. Approximately 2,113 linear ft. of BVW, know as Wetland Series A, and approximately 848 linear ft. of isolated vegetated wetlands, designated as Wetland Series C and D, will be delineated within the 24.5 acres. Chris told the Commission Toyota is not proposing any work at this time. The eastern portion of the property has been developed by Toyota for a warehouse and parking. A portion of the eastern most IVW was approved through an Order of Conditions issued on June 6, 2007, DEP #211-0793. Strategies, Inc. delineated the wetlands on the western portion in October 2007. There are intermittent streams located in the BVW; these areas were not delineated. At the line of delineation, there was no water in the streams. Paul asked in which direction the water flows from the site. Chris said it appears to flow in a southerly direction under Forbes Boulevard. Two isolated IVW systems are located on this portion of the property. The larger isolated wetland is located in the center of the site and has been designated Wetland Series A. Chris explained the Town of Mansfteld Wetland By-law has jurisdiction over any isolated wetland greater than 5,000 sq. ft. Wetland A is approximately 57,628 sq. ft. The smaller isolated wetland is located between wetland A and the BVW and is less than 5,000 sq. ft. Cindy asked why they are back for more delineation. Michele said only a partial delineation was done in 2007. She has looked at the total line; nothing has changed, the delineation is accurately done. Chris said there does not appear to be any potential or certifted vernal pools on the property and the area is relatively flat. He told the Commission Wetland A has an average depth of less than 6-inches and standing water to a volume of less than IA-acre- feet. Jack made the motion to accept the plan, dated 4-03-2008, as delineated for 440 Forbes Boulevard-DEP #211-0812. Derek seconded. Passed 7-0. Hearing ended at 7:15 pm. Joe, having arrived at 7:05 pm, took over the meeting. 1..3. Request for.Certificate of Compliance:StephenMcSweeney, .16KeliLane. The Notice of Intent was filed in January 2007 for a 24x16 addition off the back of the garage and an 8 ft. addition to the back of the house. When originally filed, it was thought the property was within an Estimated Habitat, when in fact it had been removed in October 2006. This house was built in 1997 before the Mansfield by-law. As part of the Order of Conditions, no further work was to be done in the 25 ft. area-no clearing, no disturbance such as pools, storage structures, swing sets, etc and signs to read "Environmentally Sensitive Area-Do Not Disturb" were to be placed on the 25 ft.line, on metal posts, not on trees. The applicant was to install roof drains, to empty into drywells. The McSweeneys are on vacation but left a message with Michele, letting her know the signs have been ordered but have not been installed. The drywells have been installed. Because the signs are not up yet, Cindy is not comfortable with issuing the Certificate of Compliance until all conditions have been met. A hot tub and landscaping pavers have also been added; they were not included in the original filing. Cindy said the back of the hot tub is approximately 22 ft. from the natural wetland line. Michele will go back to 16 Keli Lane and check the wetland measurements. Cindy made the motion to continue to May 12th as long as the owners of 16 Keli Lane or a representative can be present. Paul seconded and added that Michele make sure the applicant is present; the hot tub and signage need to be discussed. Passed 7-0. Hearing ended at 7:25 pm. Paul reminded Michele pictures should be taken for all certificate of compliance requests. 2 Hearing ended at 7:25 pm. 4. Request for Determination of Applicability: Richard & Deana DeSilva, 3 Kybren Circle. The RDA was filed to do work outside the 25 ft. no disturb zone. House was built in 2003. Michele; owners want to take down only 3 trees, remove brush and re-slope the lawn to extend the back yard. Cindy feels they are going to remove more than 3 trees. There is a 75 ft. easement shown on the plan. There can be no tree clearing or construction in this area. Larry Mahoney, Guerrini Landscaping Co. representing the applicant. On Thursday, April 24th, Michele and Mike Hentchey from Guerrini Landscaping re- staked the line. 7 stakes were placed at the 25 ft. and 1 stake was placed at the 75 ft. easement. Larry Mahoney of Guerrini Landscaping presented new plans this evening. Cindy measured the wetland line and discovered the stakes are 21 ft. from the line, not the 25 ft. required. She presented pictures of the area. She also thinks flag 23 should be moved because there are a lot of obligate species that should be encapsulated by flag 23. She asked if Conservation should wait. before establishing the wetland line because "we are seeing things come out now that we wouldn't normally catch." Michele and Joe will re-measure and re-stake the wetland line. Cindy also would like to be on site when the wetland line is re-measured and staked. Cindy made the motion to continue until May 12, 2008. Carole seconded. Passed 7-0. The Commission questioned the 75 ft. no tree cutting easement; who requested the easement? Michele told the Commission she asked Jennifer (planning Department) and John Sullivan (Town Engineer) about the easement; Planning Board did not request the easement and it is not recorded anywhere in the Planning Board minutes. Michele will call Ralph Maloon, RIM Engineering, to see if he knows anything about the easement. Paul suggested looking under the DEP #-Michele does not think there was a filing for the house because the house is outside the 100 ft. - or checking with ZBA. The house was built as a Form A lot and was not included in the Patricia Marie Village, a residential compound. Hearing ended at 7:50 pm. Is. . No~ce of Intent: Joseph Gonsalv~s,137Nfilr street, <CaI1oeRiverCaIllpgroQ1ld. Continued to May 12,2008. Application is still going through the Zoning Board of Appeals. The applicant will be going before Zoning May 6th. 3 I 6. Notise.ofIntent: The Village of Willdw Crossing, 253 Branch Street. Continued to May 12, 2008 17. Not!~eoflntent: >MarkBlan.chette, 69 'King Street. Continued to May 12, 2008. The plan has been revised; the house will be built within the footprint of the original house. 18.0th~f Business: I 254 Elm Street: Michele received an anonymous phone call about work being done at this property. Michele has looked at this property at the owner's request for the last 3 years; the owner has called Michele each year to check for a possible vernal pool. Area in question dries up in summer but is wet all winter. The homeowner has removed the existing grass to level out the area. There is a wetland on the property but no alteration has occurred within the wetland but the 25 ft. no disturb has not been maintained. She left her card asking the homeowner to call. She has since been in contact with the owner and has asked him to plant 10 blueberry trees; nothing else will do well in this area because it is upland. The rest of the area will be loamed and re-seeded. Paul asked if an enforcement order went out. Michele said no enforcement order was issue because the owner did not touch wetlands, he only removed the grass in the 25 ft. no touch zone. Paul asked Michele to send a letter outlining what the homeowner needs to do. Michele is to be contacted when the work is done. 230 West Street: Enforcement Order went out on April 24, 2008 to Christopher and Kristen Lyle for the alteration of wetlands and within the 100 ft. buffer zone of bordering vegetated wetlands; mature trees and vegetation have been removed. Michele asked that the homeowner hire a wetland scientist, PWS, approved by the Commission, to delineate the existing wetlands and show the extent of alteration. Owner was asked to attend the May 12th meeting to discuss the delineation and restoration plans. Mr. Lyle came in April 28th to see Michele. He told her the area used to be a roadway built and maintained by the railroad. The railroad is responsible for the dumping. Since he bought the property, he has been cleaning out the area. He brought in pictures of the debris he has removed. He explained he is just trying to clean up his property. 4 Michele told the Commission most of the trees were downed in the last storm; it does not look like the owner has clear-cut anything fresh. The homeowner is willing to work with Conservation. RIM Engineering did the original plan and Ralph called Michele today to asked if John Chatier could do the delineation. Cindy asked what John's qualifications were. Michele told the Commission he is in the process of obtaining his PWS. She has written him a letter of reference as part of the process and said he is required to have 6 years of experience. He has been delineating wetland lines for years. Carole asked to have 2.5 and 2.6 of the wetland by-law clarified. There seems to be some confusion concerning the application of the by-law. 2.5: If the existing house buffers BVW or an isolated wetland less than 5,000 sq. ft. (if not on the ESH map), or other resource areas, the Conservation Commission can use discretion in allowing or disallowing the project. 2.6: "Notwithstanding" (regardless) of 2.5, if the existing house buffers an Estimated Habitat and/or Priority Habitat, or a CVP, then a 100 ft. buffer must be maintained and the Commission has no discretion. Cindy asked if RIM has submitted the changed plan for the ANRAD for 655 North Street~#211-0811. Michele said revised plans have been submitted with the changes asked for by the Commission: removal of the wetland symbols from the existing drainage ditch and flags have been put on the fence line. 69 King Street: the applicant will build within the existing footprint. Carole asked about the Notice of Intent filed for 137 Mill Street; she questioned the wording of "discretionary zone" -should have been 100 ft. buffer zone. The ad was placed using the wording "discretionary zone" because that is how the applicant submitted the filing. Paul submitted a work order to the DPW last week so boulders can be placed at the end of the Little League field. Signs will be made by the DPW to read "Conservation Area- No Motorized Vehicles Per Order of the Conservation Commission". The wording will be adjusted depending on the size of the signs. Suzanne Estates: Signage can now be put on this property. It will require a work order and the signs will be paid for by Conservation. Michele will go out to see how many signs are needed. Carole asked if a barrier of boulders needed to be put in place. Michele does not feel it is necessary. Eastfield Estates-Jay Zola. Carole would like Michele to check on Eastfield Estates. A Conservation Restriction was written for the parcel of land off Nicole Road, Map 40, Parcel 103 for 13.31 acres of land, part of the subdivision known as Eastfield Estates. 5 Minutes: No motion was made to approve the minutes. 430 Fruit Street should be changed to "potential vernal pool across from 430 Fruit Street". 900 Maple Street: Michele talked to Nick Riccio; Mr. Epstein has not been cutting any more trees or done any additional work. He has put down additional wood chips but has not encroached further. Cindy made the motion to lift the Enforcement Order on April 28, 2008 for 900 Maple Street Paul amended the motion to include the statement there is to be no more activity other than what was stated in the Certificate of Compliance issued March 10, 2008. Jack seconded. Passed 6-0. Derek House abstained. Carole asked Michele if Mr. Epstein was given a 25 ft. no touch buffer. Michele told the Commission when Mr. Epstein does additional work requiring a permit application, he will be required to have the rest of the property delineated from flag 8 and to maintain the 25 ft. buffer (the wetlands westerly of flags 1-3 and easterly of wetland flag #8 have not been flagged, located or confirmed). 19. Adjournment. 'I Paul made the motion to adjourned at 8:30 pm. Cindy seconded. Passed 7-0. Next Meeting May 12, 2008 at 7:00 pm. C2A/YWL- Joseph Mufkern, Chairman S -/.;2. -oi? Date 6