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.
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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.
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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:
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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.
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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.
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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.
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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
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