HomeMy WebLinkAboutCONSERVATIONminutes06092008-20080624152214
Conservation Meeting
June 9, 2008
Present: Joe Mulkern, Chair; Paul Boyden, Vice Chair; Carole Matthew; Derek
House; Cindy Ostrowski; Jack Smith; Michele Grenier, Conservation and
Environmental Planner
r t.Meetingcalledtoorderat 7:06pm.
12. Not;iceofIntent:. Joseph Qonsalves, 13T Mill Street-#21t-0810
Paul opened the hearing for 137 Mill Street.
Steve Gonsalves and Mark Burmeister were present with Ralph Maloon of RIM
Engineering. On May 12, 2008, the commission asked that all work be removed from the
100 ft. buffer zone. A new plan has been submitted by RIM Engineering showing all
work removed from the 100 ft. area. Michele recommends issuing the Order of
Conditions.
Carole said she was glad to see everything has been moved out of the 100 ft. area and that
everything meets the requirements of the by-law.
Cindy mentioned that two areas on site have recently been disturbed. ill March when
Michele, Cindy and John Chartier of RIM Engineering reviewed the wetland lines, the
area had not been disturbed. Derek said it looked as if, as the areas were being cleaned
up, the debris was being pushed closer to the wetlands. Mr. Gonsalves and Mr.
Burmeister said the areas of concern had to be cleared of brush, trees, etc. for the
campground to open for the season. Michele will go out to the campgrounds tomorrow to
look at the areas in question to decide what needs to be done.
Paul would like an ongoing clean-up schedule submitted to keep the commission apprised
of all work taking place at the campground.
Joe arrived at 7: 12 pm.
Cindy made the motion to accept the plan-DEP #211-0910- for 137 Mill Street, the
Canoe River Campgrounds, as revised on May 15, 2008, for 11 additional campsites and
gravel driveways (all work is out of the 100 ft. buffer of bordering vegetated wetlands)
and to issue the Order of Conditions with the following special conditions; signage to
read "Environmentally Sensitive Area-Do Not Disturb" on 50 ft centers on metal posts on
the 50 ft. line; an inspection of the on-going clean-up by Michele with an agreed upon
schedule for when it will be done and if there is any necessary planting that needs to be
done within the 100 ft. buffer.
Jack seconded.
Passed 6-0.
Cindy clarified her motion: after Michele looks at the disturbed areas tomorrow, if it has
been disturbed up to the wetland line, the applicant will need to replant the 25 ft. buffer to
the wetland line. The site visit will be at 1:00 Tuesday.
Hearing ended at 7:25 pm.
1.3. . Certificate.ofCompliance:.Perry.&FeckLLC, 981WestStreet-#211-0792
The proposed project was the construction of a house with deck, utilities and related
grading within the 100 ft. buffer of bordering vegetated wetlands. Two lots were
combined into one. There is an isolated wetland, approximately 1 + acre, on the
property.
Signage reading "Environmentally Sensitive Area-Do Not Disturb" has been placed on
the 50 ft. no disturb line, on poles and grass is established. All conditions have been met
and Michele recommends issuance of a certificate of compliance.
Paul made the motion to issue an order of conditions for 981 West Street-DEP # 211-
0792.
Carole seconded.
Passed 4-0. Jack and Derek abstained.
Hearing ended at 7:30 pm.
4. C e rtifilcate of.C om plia n ce: Jam. es & Nancy Carabitses, 258 Branch Street. .
.. '_.- '-' "'--' --' -". -'.-" -, '---',- .... ,. ," . --.. ',.-." ....-- "-.. - ....-. -,".. ,',- .. ...... .. -.. .. ....
.#211-678.. . . . .. . . .
The public hearing was held on January 27, 2003 for an addition to an existing house.
No special conditions were attached to the Order of Conditions. An as built has been
submitted. The project was built according to the plan and Michele recommends a
Certificate of Compliance be issued.
Derek asked how long a notice of intent is valid. Michele said a NOI is good for 9 years
but needs to be renewed every 3 years. He asked Michele if the homeowner had
requested an extension for the addition applied for in 2003. Michele explained the work
had been completed well within the 3-year time frame; the applicant just did not apply for
a certificate of compliance. An applicant only needs to apply for an extension if the work
has not been completed within the 3 years.
Paul made the motion to issue the Certificate of Compliance for 258 Branch Street-DEP #
211-678-based on the inspection by Michele.
Cindy seconded.
Passed 6-0.
Hearing ended at 7: 35 pm.
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Is. EnforcementOrder: ..Christopher & Kristen Lyle, 230iWest Sh'ed.
The property line needed to be re-surveyed. Conservation is still waiting for RIM to
finish preparing a replication plan. The hearing for the enforcement order will be June
23, 2008.
16. . Request for Determination of Applicability: .... Water Department, Kurt Gaffney.
Robert Chapell of Woodard & Curran; mc. was present. He told the commission the
work would take place on Oak, Williams, Old Elm, School and West Streets to replace
water services. All work will take place in paved municipal roadways.
The proposed work will take place inside the limits of the 100 ft. buffer zone. The work
on Oak Street will include the installation of a new 8" ductile iron water main, water
services to 12 houses and paving. At the culvert crossing on Oak Street, directional
drilling will be performed under the stream to prevent environmental damage.
On Williams, Old Elm, School and West Streets, the work will consist of installing new
water services to replace the out-dated services, hydrants, new water mains at the
intersections, removal of old hydrants and paving. The old water mains will be cut and
capped.
Hay bales and silt fence will be installed along the sides of the roads. m addition, filter
fabric will be installed in all catch basins in the areas of construction.
Mr. Chapell said the work will be advertised in July and the work will start in August.
He said the work would take approximately 90 days to complete. Any trenches would
need to settle over the winter so the final paving will occur next year. The erosion
control would remain in place until the final paving is done.
Michele performed a site visit on 5/16/2008 on all the proposed areas of work. All work
is within the roadways and up driveways or yards where connections are being made.
Jack asked who would be overseeing the project. Derek wanted to know if the town
would make sure the silt fence and hay bales are properly maintained through the winter.
Michele said the town and/or the contractor would be responsible for the maintenance.
Jack thought it would be a good idea to have weekly reports submitted on the condition
and maintenance of the silt fencing and hay bales.
Paul made the motion to accept the plan as presented and issue a Negative 3
Determination with weekly reports submitted to Conservation once construction starts to
make sure the silt fence and hay bales are properly placed and remain intact.
Jack seconded.
Passed 6-0.
Hearing ended at 7:50 pm.
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I 7. Notice of Intent: The Village at Willow Crossing, 253 BranchStreet-#211-0809
Ed Valanzola, the applicant's attorney, Steve Paqetter, representing Benchmark and
Brian Gillis of Dunn McKenzie were present.
Ed Valanzola told the commission the applicant has been before the planning board
several times. Benchmark proposes to amend the 1998 special permit under the Planning
Board to allow for the addition of 56 cottage-style units. Last Wednesday a motion was
made to have Mr. Burke, the Planning Board Director, prepare a decision to allow the
amendment to the special permit. Ed explained the 1998 special permit approved the
construction of 198 units but only 166 were actually built. The 56 new units will be on a
30-acre parcel, abutting the bike path, Back Bay Brook and Branch Street, bringing the
total units to 222. He told the commission that under the by-law 250 units could be built.
Paul asked about future building. Ed said the property couldn't be developed any further.
Brian Gillis from Dunn McKenzie gave a brief summary of the project. The project will
be known as the Village at Willow Crossing ITI. The project consists of 56 units,
distributed among 14 buildings, in addition to a new clubhouse and roadways.
The 30 acre parcel is bounded easterly by the bike path, southerly by a forested area,
westerly by the Back Bay Brook, a perennial stream, and northerly by Branch Street.
There are isolated wetlands located toward the southerly portion of the site, which were
delineated in an ANRAD and approved in an ORAD June 12, 2006. Brian Gillis told the
commission the property is not located within an estimated habitat area and there are no
vernal pools on site.
The proposed development has 65.7 percent open space in the area of the wetlands and
the majority of the walking trails and will remain untouched.
Roof runoff will be infiltrated into the ground using individual Cultec drainage chambers.
Stormwater will be directed into a series of grassed swales and drainage basins.
Soil testing has been done with soils ranging from excellent to average. There is a
moderately high water table.
Some trees will be removed and will not be replaced but the walking trails, wetland areas
and the forested area will remain basically untouched. Brian told the commission the
existing walking trails will remain in place and will eventually be connected to the 2
miles of walking trails proposed for the new site. The area will be landscaped to blend
into the existing site.
Entrance to the site will still be from Cobb Street with emergency access through Branch
Street. The entrance from Branch Street will be gated and locked.
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Joe asked if construction would be done in stages. Ed said the roadway will go in ftrst
and then the construction of the cottages, in clusters of 2, 4 or 6 units, will begin. Ed said
the work will probably start in the fall (September) but the construction might be put off
until next spring and will take approximately 4 months to complete. Steve Paqetter said
the goal right now is to build all the roadways and improvements, the clubhouse and 10
of the cottages. The foundations will go in but because of the high water table, the
cottages will be built on slabs. The slabs won't be poured until the spring.
Michele told the commission all engineering questions and concerns have been
addressed. They have kept the alteration of the inner riparian area to 1.6%; Michele said
they could have gone to 5,000 sq. ft. or 10%. She said the alteration is mainly for grading
purposes. She said most of the work is outside the 100 ft. area and all the work is outside
the 50 ft. no-disturb area. She praised the applicant for staying out of the 100 ft. area as
much as possible.
Carole asked for a deftnition of a cottage. Mr. Paqetter said the cottages would come in
two sizes: 28 cottages will be 1,150 sq. ft., 2 bedrooms and 1Y2 baths. 28 cottages will
be 1,350, 2 bedrooms and 1Y2 baths. The developer is also considering units (16 of the 56
units) approximately 1,500 to 1,800 sq. ft., loft-style, giving the option to have a 3rd
bedroom with bath. These will only be built at the request of potential buyers.
Cindy asked if the board wanted signage to be used. Carole thought signs should be put
along the walking paths and buffer zone.
Derek was concerned about the walking trails that go through wetland areas and the trails
along the river. His concern is the increase in foot trafftc and agrees signs should be in
place to prevent damage. Mr. Valanzola told the commission there would be no increase
because it is private property; the public would not be using the trails. Due to the age of
the residents, he doubts they would go off the trails, possibly damaging resource areas.
Mr. Paqetter told the commission Benchmark has really embraced "green" technology.
They have talked about creating sitting stations along the walking trails and sidewalks.
He told the commission the trails would be well maintained because most of the residents
are in their 70' s so safety is certainly a factor. He said Benchmark is very aware of the
need to respect and protect the area around the trails. He does not think Benchmark
would have a problem with signage to the extent they are signs that ask people using the
trails to respect certain areas.
Cindy would like the signage put on 50 ft. centers along the trails. Carole would like the
signs put on the large isolated wetland. Derek thinks signage at the entrances would be
sufficient, one at the entrance to the trail towards the river and one on the trail to the left
of the wetlands. Paul: "You have to use a little discretion-50 ft. may be called for in
certain areas, in other areas 100 ft. may be good. When Benchmark gets ready to place
the signs, it is important that Michele be called so she can walk the site with Benchmark
people to incorporate Benchmark signs with the required conservation signage." Cindy
asked if some membership of the board could go out with Michele to decide where these
signs should go. Any board member can go.
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The commission was concerned with future upgrades to the walking trails. Michele said
any work on the trails near the river or wetlands would require conservation approval.
Mr. Paqetter said during construction, if the trail areas need improvement, Benchmark
will come back before the board.
Derek made the motion to accept the proposed plan for the Village at Willow Crossing
ill - D EP #211-0809-consisting of minimal work within 100 ft. of wetlands and staying
outside of the 200 ft. part and to issue an Order of Conditions.
Carole seconded.
Passed 4-0. Jack abstained. Cindy opposed.
Hearing ended at 8:30 pm.
IS....NoticeofIntent:MarkHoward,..35LaIl1ern Lane-#211~()S13
Notice of Intent was filed for the construction of a 40'x28' addition and septic system
within the 100 ft. buffer of bordering vegetated wetlands and the previously disturbed
area of the 200 ft. Riverfront of Hodges Brook.
The septic system, exempt from the Riverfront Act, has the approval of the Board of
Health.
Michele performed a site walk with RIM Engineering on May 29,2008. The wetland
flags and the high mean annual river flags are accurate. Disturbance in the riverfront is
approximately 1,120 sq. ft. or .06% disturbance. This is allowed because it is a
previously disturbed area. The regulations allow 10% of total riverfront alteration, or
5,000 sq. ft., whichever is greater.
Mr. Howard went before the ZBA for a variance and the hearing was continued. Because
the variance would probably been denied because of the size of the addition, the applicant
has modified the plans, eliminating the breezeway, reducing the size of the addition from
28 ft. to 24 ft. Ralph told the commission the applicant is still working with the architect
because there is just a small portion of a corner of the addition that technically needs to
be reduced. A new plan will have to be submitted showing any changes to the actual size
of the addition. A total of 5 trees will be removed.
Paul made the motion to accept the plan dated April 29, 2008 and issued an Order of
Conditions for 35 Lantern Lane- D EP # 211-0813- with the submittal of a new plan that
conforms to ZBA requirements and noting that a total of 5 trees will be removed.
Jack seconded.
Passed 6-0.
Hearing ended at 8:43 pm.
19.i..Qtl1erBusiIless
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The Order of Conditions for the removal of filter cake from the wetland resource area off
Stearns Avenue, applicants Town of Mansfield and Hercules fucorporated. DEP has
finally assigned a number to the filing-#211-0814. The applic~ts are still working with
EP A; the filter cake has not been removed.
The Order of Conditions for 10 Millstone Court, Maura & James Borah-#211-0806
(installation of an 18'x36' in-ground pool with concrete decking and fencing) needs to be
re-signed. The original signed order has been misplaced. Cindy asked if it was ok for
Michele to go back to look at the potential vernal pool and certify if necessary. Michele
told her Mr. Borah had given permission and the commission had asked that this be done
but it was not put in the motion. She has looked at the site and has determined it is not a
vernal pool. There is a cement culvert at each end providing an inlet and outlet. The area
was designed as a drainage basin.
Extension of the Order of Conditions for William Richard, Richard Bros. Co., 905 South
Main Street-DEP #211-0724. Mr. Richard is putting in the last building, a gas station.
The commission would like to add signage as a condition to the extension. Michele said
you couldn't just add things to the order. She will call Mr. Richard and ask him to install
signage reading "Environmentally Sensitive Area-Do Not Disturb". The request will not
go in the extended order of conditions, but will be put in the certificate of compliance
when it is issued.
Cindy made the motion to extend the Order of Conditions for 905 South Main Street to
allow the construction of the [mal building, a gas station.
Paul seconded.
Passed 4-0. Jack and Derek abstained.
Derek asked about 3 Kybren Circle-did the arborist determine if the black walnut tree
toward the driveway at the north end of the property is dying? The tree was declared
healthy and only the leader leaning toward the house was removed. He also inquired
about 37 Bird Road. The filing was for an above ground pool. The applicant was
supposed to submit an upgraded plan showing the pool to scale.
Joe wanted to know what is going on at 69 King Street; Michele said construction has not
begun.
Carole told the commission that the silt fence has not been put in at 890 Maple Street.
Michele will check on Tuesday. Michele has also requested that 12 additional hay bales
be placed on site-the hay bale line did not extend far enough.
Carole told the commission that her neighbor at 103 Elyse Road-DEP # 211-0851-
received a call from Natural Heritage. They wanted to know if any trees were being
removed. They also suggested he put meshing up on the bottom of the fencing so
salamanders will not migrate into the yard. Mr. Baldasarre also had to pay an additional
charge of $300.00 to Natural Heritage.
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Carole made the motion to accept the minutes of May 12, 2008 as written.
Derek seconded.
Passed 6-0.
Cindy asked to set the date and time for the site walks for the next hearings; Tuesday,
June 17th, starting at 5:00 at Town Hall.
r.l0...Adjournntent
Paul made the motion to adjourn at 9:05 pm.
Jack seconded. Passed 6-0.
Next . be June 23, 2008 at 7:00 pm.
c; -.;.3 - 0 g-
Date
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