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HomeMy WebLinkAboutCONSERVATIONminutes10202008-20081119190609 Conservation Meeting October 20, 2008 Present: Joseph Mulkern, Chair; Paul Boyden, Vice Chair; Jack Smith; Carole Matthew; Michele Grenier, Conservation and Environmental Planner. 11. Meeting called to .order at7:04 pm. 2. Request for a Certiflcateof Compliance: Michael Baldasarre, 103 Elyse Road -#211-0815 . The Notice of Intent was filed in April 2008 for the construction of an in-ground pool with a patio around the pool with fencing and landscaping. A portion of the project was located in a Natural Heritage are of endangered and lor special concern species. Michele told the Commission everything has been done according to the plan submitted and she recommends a Certificate of Compliance be issued. Paul would like Michele to take pictures. Approved 4-0. Hearing ended at 7:06 pm 1.3. Request for Determination of Applicability: Mass Highway Department. Thomas McGuire and William Travers were present. The proposed project will begin at the North Attleborough town line and will run northerly to the Mansfield/Foxborough line. The major wetland crossing is the Wading River. Work will include asphalt milling to a depth of 1% inch, resurfacing with 1% inch of asphalt, reflective paving markers, repairing shoulders and medians, selective clearing and thinning of trees and vegetation along the edge of the road to re-establish vehicle recovery zones and for sight distance/visibility of signs. Tom told the Commission the trees have not been trimmed in 20 years due to the reduction of the work force. Guardrails will be repaired or replaced as needed. Paul asked where the funding for the work would come from. Tom told him the project would be 90% federally funded with 10% coming from the state. This is a 7 million dollar project. The work would start next summer. Michele rode with Mass Highway along the areas of work and the only area of concern is around the brook. Sedimentation control, consisting of hay bales and/or silt fence, will be placed and inspected by Michele. All the work will occur within the existing roadway. Paul made the motion to accept the proposal for the pavement milling and resurfacing of Route 1-95 from the North Attleborough town line to the Foxborough town line and to issue a Negative 3 Determination. Siltation/hay bales will be placed as needed and inspected by Michele. Jack seconded. Passed 4-0. Hearing ended at 7: 13 pm .4. Request for Determination of Applicability: Cynthia Hobbs-Barrett, 16. Shannon Lane. . Steve Rumba, Collins Civil Engineering Group was present. The RDA was filed for the up-grade of a residential septic system within the 100 ft. buffer of bordering vegetated wetlands. The new leaching field will be in the front of the house on existing lawn outside the 100 ft. buffer zone. Existing plumbing will remain in the back of the house and connect to the new tank ("0" box), to be installed outside the 50 ft. A new plumbing pipe will wrap around to the front to the new field. Only work in the buffer zone will bethe trenching for the new pipe. Silt fence will be installed around the work limit. The wetland line has been properly delineated. Jack made the motion to accept the plan for 16 Shannon Lane as submitted, dated September 13, 2008, and to issue a Negative 3 Determination. Siltation/hay bales at the limit of work will be installed and inspected by Michele. Paul seconded. Passed 4-0. Hearing ended at 7:26 pm. 5. Amendment to an existing Order of Conditions:. Charles Sylvia. & Glen Christi no, 5 LakeviewAvE!nue - #211-0770. . Charles Sylvia, the homeowner was present. The amendment to the Order of Conditions, dated July 14, 2006, is to enable Mr. Sylvia to build a dock and repair a stone wall on the property. Michele told the Commission the house is complete and the plantings Conservation requested are done. Carole wondered if the amendment would be good for 3 years or if it would follow the time frame of the Order of Conditions. Michele said the amendment would only be good until the current Order of Conditions runs out. Only an extension of an Order allows more time. 2 Michele spoke to Heidi Davis about the proper way to handle the amendment; a plan should be attached with a letter to the Order of Conditions stating the Commission approved the amendment. Michele thanked Mr. Sylvia for coming forward about the dock because she has found numerous docks on the lake that were never permitted. Paul asked Mr. Sylvia to use plastic decking instead of pressure-treated lumber. He told Mr. Sylvia he would need to submit an as built when the work is completed. Paul made the motion to accept the amendment to the Order of Conditions for 5 Lakeview Avenue, plan revised 10/14/2008, referencing the word dock. Michele will write a letter to be attached to the file along with an inspection schedule; Mr. Sylvia is to keep Michele apprised of the work. An as built will need to be submitted before a Certificate of Compliance can be issued. Jack seconded. Passed 4-0. Hearing ended at 7:37 pm. 16.. Notice ofIntent:.DavidDiamolld,>1910IdElm Street I Liz Dupre of Clear Water Environmental and David Diamond, the homeowner, were present. The Notice of Intent was filed for the replacement of a septic system within the 100 ft. buffer of bordering vegetated wetlands. The new system will be on the existing lawn. Michele recommends issuance of the Order of Conditions with a hay bale line. A Jet System, consisting of an advanced treatment tank, a pump chamber, an on-site subsurface sewage distribution system and associated piping and grading, has been approved by the Board of Health. Wetlands were delineated by Engineering Consultants, Inc. Paul made the motion to accept the plan for replacement of the septic system at 191 Old Elm Street as submitted with a silt fence/hay bale line to be inspected by Michele. Carole seconded. Passed 4-0. Hearing ended at 7:20 pm. 7. Notice of Intent: Perry DiMascio, Williams Street - forest Heights - #211- 0822.. . Ralph Maloon, RIM Engineering, and Stan Feck, the applicant, were present. 3 Also present: Michelle Busharis, 175 Tremont Street, an abutter. The Notice of Intent was filed for a drainage system and two drainage discharge locations to be located within the 100 ft. buffer of bordering vegetated wetlands. The drainage will be for a cluster housing development. Michele walked the wetland line on June 1, 2008 and found it to be accurate. The proposed roadway is located outside the 100 ft. buffer zone. Any lots located within the 100 ft. buffer will have to have a separate filing. A drainage system will be located on the north side of Williams Street and east of Robinson Pond. There is a wetland on an abutting property to the east of this property but will not effect the roadway. The roadway will also be at least 200 ft. away from the pond. The drainage will be parallel to Williams Street. There will be an outlet, a gravel swale, down by Robinson Pond. Michele asked Ralph to re-design the outlet because a portion was over the BVW line. The swale has now been pulled out of the wetlands. New plans have been submitted. The swale and a retention basin will be constructed outside the 50 ft. The swale and retention basin are necessary because the town will not allow the applicant to use the drainage system on Williams Street for surface water. The surface water will flow off the hill, be picked up by the swale and then drained into a small retention area. The swale and retention area will be constructed to control the balance of flow to Robinson Pond. Ralph told the Commission they have been to the Planning Board twice and will meet with them October 22, 2008. Paul wondered about stormwater management. Ralph said the project would have a deep sump and oil/water separators. Michele said the application complies with the stormwater regulations. She also said John Sullivan has reviewed the plans. Ralph told the Commission if the area for the cluster development is 35%, you no longer have to comply with item #3, TSS removal, or item #4, ground water recharge, but you still have to comply with no more water leaving the site than at the pre-development stage. This project is over 35%; it is about 38%-40%. Michele Busharis, a Tremont Street resident was concerned about the water flowing in the back of the property. Ralph said there will be a 100 ft. buffer around the development and the swale will take care of the water. No work is proposed in the Tremont Street area. Jack made the motion to accept the plans as shown, revised October 20, 2008. Paul seconded. Passed 4-0 Hearing ended at 8:10 pm. 4 Is. New Business Maple Street Conservation Land: A letter was received from Lorilee Fish, the Parks and Recreation Director, regarding the Maple Park Trails. She told the Commission this is a beautiful, peaceful area that is under-utilized. She suggested that the mapping and improvements to the trail/roads in Maple Park would make a great Eagle Scout project or Gold Award Project for the Girl Scouts. She has offered her time and assistance with this project. She told the Commission she was concerned about fire pits in the area, a situation that needs to be addressed. She walked the property with Don Tebeau, from the Fire Department. Paul thought the work could be done by students from the high school and middle school and by cub scouts and the brownies. (8:15 pm) NRT Discussion: Stephen Holford, President of NRT, Colin Cauldwell, Lou Andrews, Leonard Flynn, members of NRT and Marc Marcussen of 25 Keefe Lane, an abutter to NRT land were present. This was a reported potential wetland violation at 69 Charles Street. It was reported that wetlands had been filled in, heavy equipment was being stored on the property and the land had been cleared by the homeowner at 69 Charles Street. In 2004, Lou Andrews told the Commission it was brought to the attention of NRT that there was an encroachment on NRT land in the rear of 69 Charles Street. Mr. Andrews and Mr. Flynn went out to the property and found that work had been done; filling and basic construction had been done. A pile of fill had also been placed close to a wetland on NRT land. Basically, it was determined Mr. D'Ambra was trespassing on NRT land; Mr. Cauldwell and Mr. Andrews visited the property and did some measurements from the marker on the property and determined Mr. D'Ambra had encroached on the property. They notified Mr. D'Ambra and he promised to remedy the situation. The property was visited again a week later and it looked as if Mr. D'ambra was taking care of the problem. Conservation received a complaint in 2008 from Marc Marcussen of 25 Keefe Lane, who also abuts NRT land. Mr. Marcussen witnessed the work and the equipment used to grade and fill the lot Again, Mr. Cauldwell and Mr. Flynn roughed out the dimensions of the property and it looked as if Mr. D'Ambra had cleared 60 to 75 ft. of NRT land. In addition, fill material had recently been placed on the site; the area has not grown back. The pile of fill from 2004 had been removed; Colin said he was not sure if it had been removed from the property or pushed into the wetlands. Trees have also been removed. Mr. Cauldwell told the Commission "we are concerned that it is NRT land and we don't want people violating the property by filling in wetlands and cutting trees. NRT would like the historical wetland line determined and the wetlands restored." Mr. Cauldwell would like a planting scheme to be submitted. 5 Michele said she, Cindy, Paul and Joe looked at the property and found no violations; the wetlands had not been filled in and she did not think trees had been cut. Mapping from 8 years ago by GIS was viewed; the yard has not changed in 8 years. Michele said she also talked to John Sullivan and Rick Alves about the property. Mr. D'Ambra said he had not filled wetlands. Joe said Mr. D'Ambra was told to stop cutting and mowing the NRT land and Paul recommended Mr. D'Ambra have his property surveyed (define the back property line only) and then put up a fence. Joe said Mr. D'Ambra realized he was encroaching on the property. Carole said this is the first time she has heard anything about a fence. She said it is not right for certain people on the board to make decisions. It should be discussed as a board. In regards to the changes on the property, Mr. Cauldwell said: "It certainly has changed because the maps are different. There is material on 1 map that does not show on the other map. Mr. Cauldwell reminded the Commission about 2 cases that occurred when he was on the board that are similar to this property. 40 Grove Street: Mr. Fontanini was issued an enforcement order in June 2006 for filling wetlands and working within 100 ft. of a vernal pool. He was required to hire a Professional Wetland Scientist to determine the original/historic wetland line. He was required to remove the fill and restore the wetlands and replant. 95 York Road: Michael Atwill had inadvertently cleared 79 trees within the 100 ft. buffer zone of bordering vegetated wetlands and Blake's Pond, altering 8,000 sq ft. of wetland. 18,000 sq. ft. was replanted with trees, bushes, ferns. Both property owners were required to have the property surveyed, restore/replant, install fencing and add signage to the property. Mr. Cauldwell told the Commission trees have been removed and potentially some fill material has been placed in the wetlands. "At the very least, it is work within the 100 ft. buffer. It has been over time this has been done, but in a couple of cases I have cited, it did not stop the Commission from requiring remediation by the person who did it. The remediation will have to take place on our property. NRT will want to be involved, have some input." Mr. Cau/dwell: "In Mr. Fontanini's case, the Commission had pictures and we did not take his word; he adamantly said he never filled wetlands. Mr. Fontanini had pictures and aerial views and the Commission still asked for soil samples." Mr. Cauldwell reminded the Commission that in the past when there has been a compliant concerning a wetland violation, an enforcement order has been issued, the violating party has been brought before the board and told what they need to do to correct the violation. "At the very least, Mr. D'Ambra is working in the buffer zone. Conservation has jurisdiction. He has cut trees in the buffer zone, whether it is in the 25 ft. or the 50 ft." 6 Mr. Cauldwell said the historical map shows that Mr. D'Ambra has worked in the buffer. It shows he worked within the wetland and potentially filled the wetlands. He told the Commission he saw fill material; it was cheap fill, not fill that would have been on the property naturally. Mr. Cauldwell would like Mr. D'Ambra to have a soil evaluation done to find the extend of the encroachment; he would like this handled the same way Grove Street and York Road were handled. Carole asked if soil samples were taken when Michele, Cindy, Joe and Paul visited the property. Michele said samples were taken but not when they were all there, that she had gone back to take the samples. She said she would do them again. Carole feels Mr. D'Ambra should have been brought in for a hearing. She thinks Michele should go out with the auger and take samples and then have NRT and Mr. D'Ambra come back before the board. Mr. Flynn said he had talked to Michele and she said she had talked to John Sullivan, Town Engineer. When Mr. Flynn asked Mr. Sullivan, he said he had not had a discussion concerning 69 Charles Street with Michele. Michele said it was Rick Alves. Mr. Flynn said Rick told him the only discussion he had with Michele was how to read the scale on the map; no discussion about the possible violation. Mr. Flynn told the Commission NRT owns approximately 300 acres of which 246 acres have conservation restrictions. "We take our stewardship responsibility very serious. We make all our land open to the public. We have a very basic rule-'take nothing off it, leave nothing on it and enjoy it'. It is a small lot with a small disturbance. If we let this go, it sets a terrible precedence. It has to be acted upon seriously." Mr. Flynn said he hoped it would not go this far. Gary D'Ambra never acknowledged the letter of 2008. (He told the Commission he acknowledged the letter of 2004; he even went to Lou Andrews's house to apologize, but apparently never stopped using the land). Mr. Flynn said they would rather have avoided all this but because Gary D'Ambra did not respond, NRT is left no recourse but to move forward with the case. Mr. Flynn also said in Michele's response to NRT's letter, the issue that was raised was never addressed. Joe: "We will call Mr. D'Ambra before the Commission with NRT if they want to attend and discuss what the next step will be. We will request soil samples be taken." (8:55) I 9. Old Business Lester Epstein, Maple Street, Map 40, Block 92. Mr. Epstein was issued an Enforcement Order in October 2007 for filling in a certified vernal pool, #1968. 7 A letter, dated October 15, 2008, was received from Brandon Moss of Murphy, Hesse, Toomey & Lehane with a proposed restoration plan for the vernal pool located at Maple Street, Map 40, Block 92. Carole: "In the letter, dated October 15, 2008 from Brandon Moss, law office of town council, not once is it mentioned that this is a certified vernal pool. It describes it as a depression. The whole point of all this is a certified vernal pool has been filled in. The word vernal pool is not mentioned once in the restoration plan." She would like any reference to a depression changed to certified vernal pool with the identification #1968. Paul would like to have the document re-worded to reference the vernal pool. Michele said it is called a depression because at this time it is a depression; it is no longer a vernal pool. Joe would like #5 of the restoration plan to read "minimum" instead of "approximately" 15 to 20 yards of material. Carole is also concerned about the vernal pool in the rear of the property. She feels it should be certified. Paul would like this area examined to make sure it is in fact a vernal pool. Michele told Carole the certification of the potential vernal pool in the back of the property can be a requirement when the restoration is complete and the enforcement order is lifted. The Commission asked when the restoration can be done, if there is still time before the end of this year. She said there is still time; it is better if it is done now and not in the spring. Minutes 110. Adjournment Adjourned 9:15 pm. Carole/Paul. Next Meeting - November 17, 2008. ~2L~ Josep Mulkern, Chairman II-i)-OJ- Date 8