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HomeMy WebLinkAboutCONSERVATIONminutes05122008-20080611182020 Conservation Meeting May 12, 2008 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; CiIidy Ostrowski; Carole Matthew; Jack Smith; Linda Falk; Derek House; Michele Grenier, Conservation and Environmental Planner. 11. . Meeting called to order at 7:00 pill. '..2. .EllforceIDent .Orderf ...Cliristopher.&...KrisieniLyle,230Wesi$ireet. Continued to June 9,2008. RIM Engineering has been hired to draw up a plan. When the plan has been completed, Michele will visit the property. 1....3.......Certificate.of(:olllpliance: . Stephelll'1c$weel1ey,.l(iKelipape-#211-0'790~ . Stephen McSweeney was present. Michele and Rick Alves, Assistant Engineer, measured and found the distance to the hot tub from the wetland flag to be 37 ft. The signs have been posted. All conditions have been met and the as-built now shows the drywells, the location of the hot tub, landscaping pavers and the bump out on the side of the new addition. Motion was made to issue a certificate of compliance for 16 Keli Lane-#211-0790. . 4. Request for Determination of Applicability: Richard & Deana DeSilva, 3 Kybien Circle. Mike Hinchey, Guerrini Landscaping, represented the applicant. This is a Form A lot and not part of the Patricia Marie Village Subdivision. All stakes and wetland flags are located correctly and Michele recommends a Negative 3 Determination. Mike Hinchey told the commission the applicant only wants to take down the dead trees and branches (some are leaning toward the house) and clear some brush to make a better backyard; the homeowner would like to elimiIiate the sharp drop off. Mike Hinchey also told the commission the side and back yards were not graded properly when the house was built and this has caused a water problem. He told the commission most of the trees are dead or dying because of water rot. Derek agreed. Michele told the commission the 75 ft easement might have mistakenly been put on the plan for 3 Kybren Circle (no filing was made when the house was built). The easement is not on the property deed. Michele has informed the applicant who can research for more information. She has also asked Ralph Maloon of RIM Engineering to look into why the 75 ft. was put on the plan since no other property in the area has an easement. Cindy made the motion to accept the plan as drawn, dated March 5, 2008 (RIM Engineering), for 3 Kybren Circle. The applicant is to maintain the 75 ft. restricted easement for no tree clearing and maintain the 25 ft. buffer; signage reading "Enviro:hmentally Sensitive Area-Do Not Disturb" is to be place on the 25 ft. line on center posts every 25 ft.; silt fence to be placed at the line of work and remain in place until all work is completed. The applicant was given permission to remove 6 trees and multiflora rose and the raspberry bushes. The applicant is required to hire a certified arborist to determine if the black walnut tree toward the driveway at the north end of the property is dying: if it is determined the tree is dying, the homeowner can remove the tree; if the tree is deemed healthy, only the leader leaning toward the house can be remove, Linda seconded. Passed 7-0. I 5. Request for Determination of Applicability: George Johnson, 37 Bird Road. . George Johnson, the homeowner, was present. The above ground pool will be located on existing lawn in an area that was once a gardert. The pool and deck will be located 20 ft. away from the house and 37 ft. from the wetlartd area. A cartridge filtration system will be used, requiring no backwash. Cartridges are removed, rinsed and returned to the system. Silt fence will be installed. No trees will be removed. The property was thought to be in a Natural Heritage area; after looking at the Natural Heritage Map of 2006, it has now been determined not to be. Paul asked Mr. Johnson to submit a better plan showing the pool to scale. The deck will be located on the side of the house and the pump system for the pool is well away from the wetlands. Paul made the motion to accept the plan as submitted for 37 Bird Road for an above ground pool with deck and to issue a Negative 3 Determination. The applicant is to submit an upgraded plan showing the pool to scale. Paul would like pictures taken upon completion of the work for the file. Linda seconded. Passed 7-0. ..6. Reqfiest for Determination of Applicability: DPW -Highway-Vegetation ... . Managtment. .. . . . . . . 2 Mark Cook of the Mansfield DPW was present. The RDA was filed for vegetation management in rights-of-way at various locations in town. Mainly sidewalks and road curbs in the downtown area will be done. Mark explained the state requires a filing every 5 years of a vegetation management plan. New regulations now require a commercial certification; Mark was licensed 7 years ago. He is required to be on site at all times during the application. The herbicide Round-up will be used; it is used in low concentrations. The chemical will by applied through spraying. If close to water, the application will be done by hand. The application will be done at night and DPW will notify residents through advertisement 45 days before the application. Paul made the motion to issue a Negative 3 Determination for the vegetation management for the town's rights-of way and change the wording to reflect the 5 year cycle for visitation instead of 3 years. Jack seconded. Passed 7-0. 17...l\l(~t~ce()f.Int~Ilt:...l\1icha.~I&l\1ich.el~nald.asarre, .1()JElys~R,oad... #211-()815 Michele Baldasarre, the homeowner, was present. As an abutter, Carole Matthew recused herself and sat in the audience. The Notice of Intent was filed for an in-ground pool with patio, fencing and landscaping. A portion of the project is located in a Natural Heritage area of endangered and/or special concern species. The pool will be located outside the 100 ft. area of a vernal pool on the property. Michele and Carole walked the site. The pool will be within a grassed area on the side of the house; it is the only place it can go because of the septic system. The pool will be approximately 175-185 ft. from the wetlands and 200 ft. from the vernal pool. She told the corrimission a letter from NHESP was received May 23, 2008 stating "the project will not result in an adverse effect to the actual Resource Area habitat of state-listed wildlife species;'. The representative for Andrews Pools told the commission the filtration system would be a Zodiac G Vessel. This system greatly reduces the amount of chlorine needed and uses a mineral cartridge that gets replaced every six months. Cindy asked that the filtration system be place to the side of the house. Paul wants to make sure all the setbacks for the septic system have been met - 20 ft. from leaching field and 10 ft. from the tank. He would like the Board of Health dimensions on the plan and an approval letter from Scott Leite, Board of Health Agent. 3 Paul made the motion to accept the plan for the construction of an in-ground pool at 103 Elyse Road and to issue an Order of Conditions. He also requested the Health Agent be asked to write a letter saying he approves of the location of the pool in regards to the septic system and has satisfied all Board of Heath requirements (the setbacks-20 ft. for the leaching field and 10ft. from the tank). Cindy seconded. Passed 6-0. (Carole did not vote) I 8. Notice of Intent: Joseph Gonsalves, 137 Mill Street-#211';0810. I Joseph Gonslaves, Steve Gonsalves and Mark Burmeister, the applicants were present. Ralph Maloon, RIM Engineering represented the applicants. On 3/31/2008, Michele along with Cindy, John Chartier (RIM Engineering) and Mark Burmiester from the Canoe River Campgrounds reviewed the wetland line and the riverfront top-of-bank. All flags are accurate. A box culvert will be used for the crossing of an intermittent stream; the work is outside the 50 ft. of bordering vegetated wetlands. Michele told the commission the Riverfront alteration is .3%; 10% or 5,000 sq. ft. is allowed. The area was previously disturbed/cleared for the installation of the new sewage system. The area is flat and no more trees will need to be cut. Mr. Gonsalves told the commission he has a total of 85 acres, part of which is bordered by conservation land. He would like to use 3 acres of a 45-acre parcel for the new campsites. There is an additional 20 acres across the street the town took for water protection. Mr. Gonsalves told the commission the sites will be pull-through sites and that there is 100 % sewer for each site, even the tent sites. Jack told Mr. Gonsalves he has done a nice job at the campgrounds. Joe asked if a few campsites could be eliminated to avoid work in the 100 ft. buffer zone. He would like the plan revised so no work is done in this area. The campsites will be gravel and/or crushed stone. No pavement will be used to eliminate the possibility of run-off. The zoning board approved Mr. Gonsalves permit on May 6th but the permit will not be signed until the appeal period of 21 days has been met. Mr. Gonsalves will receive his approval by July-August. Cindy made the motion to continue to June 9 to allow for new plans, removing all work out of the 100 ft. buffer zone. Paul seconded. 4 Passed 7-0. Derek and Linda asked Mr. Gonsalves for permission to walk the site. It was decided the commission would walk the site on Friday, May 16th at 9:00 am. 19..N~ticeofllitent:The YillageatWmo\VGrossiD.g,253JJraJjclrStreet-#21.1-9~()91 Continued to June 9,2008. Waiting for the applicant to go thru the Planning Board process. 110. Notice of Intent: Mark Blanchette, 69 King Street-#211-0807. . Ralph Maloon, RIM Engineering represented the applicant. New plans have been submitted with no compensation for the flood area. The proposed house will be built on the same footprint as the existing house at new elevations. Michele told the commission this is allowed under the flood zone regulations. She told the commission the whole site is in a flood plain. She recommends issuing the Order of Conditions. The trailer on site will be removed. Ralph told the commission the house will be just outside the 25 ft. and the foundation will be concrete block. The driveway will have to be gravel. There is a pile of fill on the lot that has been there for more than 20 years, based on the trees that have grown around it. It was thought this could be used for flood compensation. John Sullivan, interpreting the Wetlands Protection Act (in a memorandum dated February 14th and another dated February 26th), said the pile couldn't be used as compensation. Ralph agreed. Mter 2 meetings with John Sullivan, Mark Blanchette and Ralph it was decided there is no land on site for compensation at the upper levels of the flood plain. At a final meeting between Ralph, John Sullivan, Michele and the building inspector, it was decided the applicant could only build where the existing house is on site. Ralph told the commission there might be an alternative; if it can be worked out, the applicant would re-file-re-filing would be necessary because the house would not be built on the existing footprint. If they can compensate the flood plain on an adjacent piece of land at the same flood levels, if a deal can be worked out with the neighbor, the applicant would be able to put a larger house in a different location on the property. Joe asked Michele to clarify flood compensation. She told the commission if you alter land within a flood zone, you have to compensate somewhere else to replace that flood area, at an equal level. Joe asked about the demolition of the existing house. He is concerned about the debris going into the wetlands. Michele told Joe the commission can require special fencing be 5 installed on the property. The material from the existing house would have to be disposed of properly. Joe and Jack feel the house can be dismantled by hand if necessary, especially on the wetland side of the house, to insure the wetlands are not damaged. Paul would like to restrict any activity on the wetland side of the house. Cindy wanted to know if permanent fencing should be required after the project is completed. Joe does not think a fence can be put up without damage to the wetlands. Derek agreed; a fence will just slide into the wetlands because of the close proximity to the wetlands. Carole wanted a clarification concerning the 25 fU50 ft. If an alternative is found and the applicant is able to build a larger house in another location on the property, would he be held to the 25 ft. because the site is disturbed with an existing house or would he be held to the 50 ft. for new construction? The applicant would re-file/submit new plans under new construction regulations. Cindy made the motion to accept the plan as drawn, dated April 16, 2008, and added the following special conditions: a temporary chain link fence with fabric lining will be installed along the 25 ft. no disturb line to prevent debris from the demolition and construction from entering the wetlands; fencing will remain in place throughout construction; the site is to be cleaned before the fence can be removed; Signage reading "Environmentally Sensitive Area-Do Not Disturb" will be placed on metal posts on 50 ft. centers on the 25 ft. no disturb line; the applicant will be restricted from doing anymore work on the wetland sides of the house to prevent any damage/disturbance to the wetlands. Linda seconded. Passed 6-0. Derek abstained. Ill. Other Business: 49 Oak Street: It was believed the homeowner had filled in wetlands. Michele visited the property; no one was home and she could not see over the 10 ft. fence. There is an IVW (isolated vegetated wetland) on the site. Michele has since discovered the wetlands are behind the fence and no alteration has occurred. She told the Commission the property has only been issued a partial certificate of compliance. A work order for the signs for Suzanne Estates has been submitted; could be several months for the signs to be completed. Jennifer Carlino of the Norton Conservation assisted Michele in collecting species to certify a vernal pool on the Mansfield property abutting the railroad tracks that run along the MansfieldINorton line; this is the proposed area for the new MBTA track. Approved minutes of April 28, 2008-Linda/Paul 7-0 6 Approved minutes of April 14, 2008-Derek/Linda 7-0 I 12.A.djournttlent: Paul made the motion to adjourn at 9:30 pm. Jack seconded. Passed 7-0. Next Mee2 will be June 9, 2008 at 7:00 pm <: u ~ ck-Ye I . Joseph Mulkern, Chamnan (; - 9 - oJ- Date 7