HomeMy WebLinkAboutConservation Comm. 05/17/2021Town of Mansfield RECEIVED
Conservation Minutes OWN CLERKS OFFICE
May 17, 2021
2021 JUN 29 ADIS
MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFO 7
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Present: Michael Healey, Chair; Dr. Aaron Roth, Vice Chair; Aaron Gallagher;ISaoY1��s;jt�l�yro'Gonyer,
Conservation and Environmental Planner.
Also present: Sally Fehervari, Colin Cauldwell.
The Chair read the following notice:
Whereas both the Federal Centers for Disease Control and Prevention and the Massachusetts Department of
Public Health have advised residents to take extra measures to put distance between themselves and other
people to further reduce the risk of being exposed to COVID-19, Governor Baker has issued an order
suspending certain provisions of the Open Meeting Law, Massachusetts General Law c. 30A, §20.
In order to satisfy the Open Meeting Law requirements, today's Town of Mansfield Conservation Commission
meeting will available to the public via GoToWebinar and Mansfield Cable. The instructions for joining via
GoToWebinar are in the Meeting Notice on the Town's Website at www.mansfieldma.com and then clicking
on today's date on the calendar.
The Chair read the following notice:
"It is important to us that you have a platform for your questions and comments during this meeting, therefore
to ask questions or make a public comment during tonight's virtual meeting you must have registered and
joined the meeting via GoToWebinar where you now have the ability to submit your question or comments
through the questions option in your control panel, or you can use the raise your hand option to be allowed
to speak.
For those who have joined the meeting via telephone who would like to ask a question or make a comment,
you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are
asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6.
Please then state your name and address, and when acknowledge by the Chairperson you can then state
your question or comment. When you are done with your comment please mute your phone again by pushing
*6.
As with any public meeting we ask you to be respectful of the Board members and the other residents who
are making their comments by patiently and quietly waiting your turn. Thank you."
1. Meeting Called to Order at 6:32 pm.
2. New Business:
• Sally Fehervari, Canoe River Heritage Trail, Cemetery Trail and Site Work.
Ms. Gonyer explained this is a request to talk about establishing a new trail system and noted there is a lot of
history with this subject property.
Mr. Cauldwell suggested Ms. Fehervari do the overview of the project and he would present the details of the
project. Ms. Fehervari said she is the Outreach Officer for the Mansfield Democratic Town Committee.
A GIS and proposed layout of the site were shown. Ms. Fehervari thanked the Commission for the opportunity to
talk about this community service project. She said the path to the cemetery is one-half mile long and trees have
obstructed the trail to the existing gravel pit. She said once you get to the gravel pit and you take the path to the
left to arrive at the cemetery. She said the project is to clear the trail, have some signage, tidy up the cemetery
area, research the history of the site, map the area and put up fencing around the cemetery. She said right now
there are four graves for the Ephraim Leonard family and then there are graves sites within and outside the
existing fencing for the Leonard family slaves. She said there is a bike trail surrounding the cemetery so this area
would also need to be tidied up. She said the site contains granite stones, fencing and a sign that describes who
Ephraim Leonard was and the history of the farm with a separate piece for the slave graves. Ms. Fehervari
mentioned there is a construction site with materials on the Red Trail and Mr. Cauldwell said there are several of
these on this site (a picture dated March 27, 2021 was shown). Ms. Fehervari said things to be done would be the
Town Engineer would survey the entrance at Mill Street and also the 10-foot wide right-of-way from Ephraim
Drive, the Red Trail, because it would be better to bring any fencing material from this area to the site; she said
after all materials are on site, the right-of-way will not be used. She noted the project is just to go to the cemetery;
the Boy Scouts will clear the half -mile trail.
Mr. Cauldwell said he has enlisted the aid of a Boy Scout troop to clear the Yellow Trail from Mill Street to the site.
He said the site contains the graves of three women, the wives of Mr. Leonard, and one man. He explained Mr.
Leonard was an industrialist and a founder of the Town of Mansfield and he also excavated Mill Pond by slave
labor. Mr. Cauldwell noted Mr. Leonard had up to thirty slaves at a time and was the only slave owner in
Mansfield. He said they want to preserve this site and recognize the contributions of the African Americans that
are buried there. He said he has tentatively scheduled the Boy Scouts in June to clear the trail to the base of the
cemetery. He said he is acting on behalf of Natural Resources Trust and noted Ms. Fehervari is also a member of
N RT.
Mr. Cauldwell said they are looking into ground -penetrating radar technology, available to them at a reasonable
cost, so they can see how many graves sites are there, because many of the stones marking the slave graves have
been scattered or displaced. He said this would be a very important part of this project to determine how many
graves are actually there; he said they will then design a substantial fencing system using granite posts with chain
link fencing to surround the entire cemetery once they find the extent of the burials.
Mr. Cauldwell said they are asking permission to do this project on town -owned property (parcel 43-20) and will
keep the Conservation Commission updated about what they discover and what the ultimate design will be. He
said this will be a long-term project because there is a fundraising aspect to it as well. He said they would like the
10-foot town -owned land that goes from Ephraim Drive to the site staked out to get the equipment needed to do
the ground penetrating radar analyst and the fencing to the site. He noted the ground penetrating radar would
have to be one of the first things to be done.
Ms. Gonyer asked if anyone from this neighborhood has been notified about this project. Mr. Cauldwell said he
spoke with the resident who lives at the end of the cul-de-sac who is aware of the cemetery and he also
volunteered he is the only one who rides a dirt bike out there. Mr. Cauldwell believes this person has actually
cleaned the cemetery area in the past.
Ms. Gonyer asked if the trails are social or historic trails. Mr. Cauldwell said in 1974 the Gonsalves family sold this
lot to the town when they established the campground; he said the trail to the gravel pit, formally owned by Mr.
Gonsalves, is the old roadway that has been there for fifty years. He noted the right-of-way to Mill Street is
narrow, ten feet at its narrowest point, and said they do not want to trespass on anyone's property so this area
would need to be well defined.
2
Ms. Gonyer asked about parking. Mr. Cauldwell said there will be parking at the end of the trail only because it
is just too dangerous to park on the street. He said you could park on Ephraim Drive or park at the old Hartwell
School, which is town -owned property, off Ephraim Drive on Mill Street.
Ms. Gonyer said her concern was the project would be taking on more land that we can maintain, but the project
would be more for visiting the cemetery trail, focusing on the heritage and the history of the cemetery, as opposed
to a new trail area. She said the Commission would need a parking plan with trash receptacles, signage, etc., and
a good concept of how this would be maintained in perpetuity. She asked if NRT would help with the maintenance
on this property. Mr. Cauldwell said yes they would help but the only reason they are doing the trail work is to
access the cemetery and noted the trail is well defined. Ms. Gonyer said there is another historical cemetery,
Happy Hollow Cemetery, in town under the Conservation Commission name, that Conservation may want to
restore with fencing, granite posts and chain link and suggested maybe doing both sites in combination.
In regards to parking, Ms. Fehervari said when you look at other conservation land such as the Dorothy York and
Marie Strese properties, there is not much parking at these sites either. She does not believe this would be a
heavily traveled site, so parking on the street would be more than ample. She said there would have to be some
signage at the trail head stating where to park. Ms. Gonyer asked if there would be trail signage, maybe even
kiosks, and if this would be done through the town. Mr. Cauldwell said they are proposing to design and create a
historical plague at the cemetery and could also put a sign at the street that this is part of the Canoe River Green
Belt and contains a historical site. He said they do not need kiosks or trail maps. He said they can do the trail
marking.
Board Comments:
Mr. Healey said because the cemetery is located very close to someone's house, he was concerned people wanting
to visit the cemetery would be walking through other people's property and said signage would help prevent this.
Mr. Cauldwell said the only reason they want the right-of-way between the properties delineated is so they can
have access to the cemetery during the construction phase, so this area would not be marked as an entry because
they want them to access through Mill Street only. Mr. Healey said they can talk with Mr. Alves about what would
be a safe area to park. Ms. Gonyer asked if the trail is dry. Mr. Cauldwell said the area is mostly dry.
Ms. Gonyer said she is working with the Police Department to get the dirt bike issue in Mansfield under control.
She said there are 2 or 3 parcels that we have habitual dirt bike users that is causing degradation to the wetlands
and vernal pools and noted if they are on town -owned land, motorized vehicles are prohibited. Ms. Fehervari said
there are some nice paths here along the river also.
Dr. Roth said this is a great and important project but we would need to have some idea what the long-term trail
maintenance would be but, other than this issue, he does not have any concerns and supports the project. Mr.
Healey and Mr. Gallagher agreed. Ms. Joynes said it sounds like there will be no ground disturbance and they are
just tidying up the graves. Mr. Cauldwell said the only penetration would be when the fencing is done for the
posts. Ms. Gonyer said Mass Historic does get involved with these sites all the time and if this site was deemed
to be a site of significance, Mass Historic would have a say in the project.
Mr. Cauldwell said if anyone wants to know the history of this property they can google Ephraim Leonard.
Ms. Gonyer asked abut the topography of the parcel. Ms. Fehervari said the parcel is fairly level to the gravel pit
and then there is an incline to the cemetery.
Ms. Gonyer will visit the site with Mr. Cauldwell and will also look at the subdivision plan to see the language for
the right-of-way. She will follow up with all the different services they are asking about such as the engineering
department potentially locating the right-of-way and making sure we are not dealing with any type of private
issues. She said her biggest concern would be the parking on Mill Street. Ms. Fehervari said they will take the
responsibility for talking with the neighbors.
Mr. Gallagher made the motion to accept the project for the cemetery and site work for the Canoe River Heritage
Nature Trail as proposed.
Dr. Roth seconded the motion.
Ms. Joynes — favor
Mr. Healey— in favor
Mr. Gallagher— in favor
Dr. Roth — in favor
Motion passed 4-0-0 at 7:17 pm.
Tomorrow Ms. Gonyer will set up a time to walk the site.
3. Notice of Intent: Richard C. Alves, 499 East Street, Map 33, Parcel 11. DEP SE 211-0989.
Mr. Healey opened the hearing for 499 East Street for the construction of two (2) concrete building slabs and compensatory
flood storage within 100 feet of Bordering Vegetated Wetland.
Mr. Alves explained a Request for Determination of Applicability was filed and approved in December 2018 and this Notice
of Intent reduces the number of slabs from four to two. Mr. Alves presented a site plan to adjust the grading and construct
two concrete slabs and a compensatory flood storage basin, in which a portion of the construction falls within Flood Zone AE,
based on the FEMA Maps, effective date July 7, 2009; the flood maps show a flood elevation of approximately 121 in this
area. He said they are proposing a net value of 1,418 cubic feet of filling with a ratio of 2:1 and they are also providing a 12"
equalizer pipe to connect the flood elevations to eliminate additional work and clearing within the 50-foot to the Bordering
Vegetated Wetland. He said under the RDA they were able to clear everything up to the 50-foot buffer and 8" mulch socks
were installed along the 50-foot buffer and a small portion of mulch sock will be added near the compensatory storage area
and will not be removed until all disturbed areas in the vicinity of the construction have been permanently stabilized; once
the area has been stabilized the mulch sock will be spread evenly for the habitat. He said they are trying not to do anymore
disturbance in the resource area. He noted Ms. Gonyer reviewed and agreed with the delineation for the application.
Disposal of any materials will not be permitted within the wetlands, streams or any other water resource area and all care
shall be taken to prevent any adverse impacts to the resource area. He said the intent is to have the work performed by a
contractor hired by the town before the end of the fiscal year with assistance from DPW and the Engineering Division; Mr.
Alves noted if the work is not done by the end of June, they will lose funding for the work.
Mr. Alves said they received a letter from Paula and Ulrich Bruggemann regarding noise issues.
Mr. Gallagher questioned the compensatory storage and asked if it is calculated on the foot per foot basis. Mr. Alves said yes
with a 2:1 ratio, so roughly 28+cubic feet of compensatory storage would be provided below the elevation of 121.
Mr. Healey asked if the firing range is currently in use. Mr. Alves said yes and to the best of his knowledge, it is only scheduled
for two days a week. He said the slabs will be used for trailers. He said the proposed site location is approximately 800 feet
to the closest single-family home and they will work with the abutters to try to mitigate the noise pollution. He said the plan
in front of the Commission is just for the trailers. He said he will work with Michael Ahern to try to get this constructed before
the end of the fiscal year. He said the shooting range will still continue two day a week with no increase. He noted that guns
are also being fired at the Mansfield Fish and Game Club across the street. Mr. Alves said they can work with them to figure
out what the noise problem is and he deferred to Ms. Gonyer to get a better understanding of the potential issues with the
Mansfield Fish and Game Club.
Ms. Gonyer read the letter from Paula and Ulrich Bruggemann into the record.
Mr. Alves and Ms. Gonyer talked with Detective Frank Archer and he said the firing range is only used two days a week and
he believed a lot of the louder sounds were coming from the Fish and Game Club.
Ms. Gonyer said what the Bruggemanns' are asking is reasonable and we need to know the answers and at least establish
communication with someone to get the answers; she said she is not sure who would be the one to decide what and how
the firing range can be used and if there is a plan for it.
Public Comments
The Chair read the following notice:
"It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask
questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting
via GoToWebinar where you now have the ability to submit your question or comment through the questions option in
your control panel, or you can use the raise your hand option to be allowed to speak.
For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are
now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your
question. Please mute when you are no longer live. you can unmute your phone by pushing *6. Please then state your
name and address, and when acknowledge by the Chairperson you can then state your question or comment. When
you are done with your comment please mute your phone again by pushing *6.
As with any public meeting we ask you to be respectful of the Board members and the other residents who are making
their comments by patiently and quietly waiting your turn. Thank you."
Ms. Bruggemann commented about Mr. Alves' comment about the firing range being 800 feet away and said Ms. Gonyer
measured 500 feet from the property line. Ms. Gonyer said Mr. Alves measured from the shoot range, she measured from
the edge of the limit of work. Ms. Bruggemann said she spoke with one of her neighbors who told her the noise is very loud.
She said they have notice how much louder it has become and would like to know what type of weapons they are able to
use. She said she also had concerns about the effect this would have on the birds and wildlife. Mr. Alves said a lot of the trees
and vegetation in this vicinity are dead or the trees have fallen and this could increase the noise level. Ms. Bruggemann
agreed this is part of the issue but there has been an increase in the type of weaponry that is being used with the training.
She said there are one or two times a year where they are there the entire week and they are shooting from early in the
morning to late at night. Ms. Gonyer said what she will reach out to the Chief and the regional group and to maybe get a
schedule for when the week-long event happens and get a contact person. She would like to be on the property to hear the
noise because it would be the best way to assess and experience the situation. She can also reach out to the Mansfield Fish
and Game Club; she noted that most of the club's shooting area is enclosed.
Ms. Bruggemann said she had a conversation with someone today who said one of the other concerns is environmental and
asked, when there is a shooting range, where do the shell casings go, because traditionally they have lead in them and if you
are in a water shed area the lead could infiltrate into the water. Mr. Healey said the bullet is shot into a target and an
inbankment. He said the town has wells in this system but believes the police shooting range and Fish and Game Club have
been in operation long enough that if they were generating any type of a concern, we would have already found it with
routine monitoring of our groundwater quality from those wells.
Ms. Bruggemann said is does sound like they are now using automatic weapons and this is something they would like to know
about if this is the case. Mr. Healey said he lives in the neighborhood and said he hears the reports of gun fire, but he has
not heard anything that sounds like an automatic weapon. Ms. Bruggemann said she will send a video to Ms. Gonyer and she
can pass it along to Mr. Healey. Ms. Bruggeman said they understand that the shooting range has been there for 40 years,
long before most of the house were built, but maybe it is time to revisit this at some point. Mr. Alves said regarding the semi-
automatic weapons, as per the Chief and to the best of his knowledge, they are using semi -automatic weapons two days a
week and the Fish and Game Club is using automatic weapons. As to the sound and where it is coming from, he said we
would have to talk with the Fish and Game Club. He said this seems to be a pre-existing condition and they are looking to put
these two slabs in the vicinity to put trailers and there will be no additional firing. He said they can work with the Chief to
answer any additional questions. As to how often they are shooting at the Club, Mr. Alves said he does not have the answer
and suggested that Ms. Gonyer or the Chief follow up with Fish and Game Club.
In regards to the question of noise and the effect on wildlife, Dr. Roth said he did survey work on the Cape at Camp Edwards
and they did not find any impacts on wildlife at all, but this is a more dense and fragmented area, which may have an effect
but overall the relationship between that kind of noise and general wildlife behavior was ok. He said also it was his
understanding that Mansfield does not have a noise ordinance because you cannot regulate noise; he said they have tried in
the past to change this but it was voted down.
Mr. Healey said this is an existing historic use and we need to get a schedule from the town or the regional group official for
when the shoot range will be used. Mr. Alves said he received a text that the Chief will reach out to Ms. Gonyer tomorrow.
Mr. Bruggmann said life is changing and we have to adapt to certain things. He said he realized the shoot range has been
there for forty years but now there are more people around and maybe it is time to think of things to do. He said it is regional
and maybe all can contribute to the solution.
Dr. Roth made the motion to issue an Order of Conditions to Richard C. Alves, 499 East Street, Map 33, Parcel 11, for the
construction of two (2) concrete building slabs and compensatory flood storage within 100 feet of Bordering Vegetated
Wetland under DEP SE 211-0989 with the following Special Conditions under the Mansfield Wetland Protection By-law
Chapter220:
Findings:
At their May 17, 2021 public hearing the Mansfield Conservation Commission issued an Order of Conditions to
Richard C. Alves, Jr., Six Park Row, Mansfield, MA. The site plan dated March 31,2021 to accompany the DOC was
drafted by Richard C. Alves, Jr., P.E., Town of Mansfield Engineering Division
• All roof run off is being directed to a drywell or equivalent drainage component.
Special Conditions under the Mansfield Wetland Protection By-law:
• RECORD THE ORDER: The start of work may not be issued until the Order of Conditions has been recorded with the
Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the
Registry.
• SITE PLANS: All work must conform to the plans "Site Plan" dated March 31, 2021, referenced as "the plan of record"
in this Order.
• LIMIT OF WORK/START WORK: All limits of work and erosion controls shall be installed prior to any construction or
excavation. The Applicant shall notify the Agent when the erosion controls have been installed (at least 5 business
days in advance of the proposed start work date). Once the erosion control has been inspected, the Agent may
authorize the start work date. Limited tree & shrub clearing may be permitted in order for the installation of the
erosion controls under the direct guidance of the Commission or the Agent. The Agent or Commission must be
notified of any clearing prior to the inspection of erosion control.
• EROSION CONTROLS: The erosion controls, to be installed at limit of clearing and work as per the plan, shall consist
of a 8" diameter (min.) biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each sides of sock
or equivalent (do not pierce silt sock with stakes). See the Conservation Agent (Agent) for specific erosion control
design standards.
• ADDITIONAL MITIGATION:The Commission reserves the right to require additional mitigation or erosion control
devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site.
• LIMIT OF WORK MAINTAINED: The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion
control devices will remain in place and be maintained throughout the construction process and until all disturbed
areas are stabilized.
• ROOF RUN OFF: All roof runoff is to be directed in drywells or equivalent drainage components approved by the
Commission. The Commission or its agent shall review the locations of the drywells. All drainage components are
to be maintained.
• START OF WORK: The Conservation Commission or its agent is to be notified of the starting date of the work prior to its
commencement.
• MODIFICATIONSTO ORDER: Any modifications or revisions to the plan(s) referenced in this Order must be submitted
to the structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features
must be reviewed bythe Commission. If, aftertheir review, the Commission finds that the changes are not significant
enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be
considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new
Notice of Intent, then the applicant is required to file accordingly.
• CERTIFICATE OF COMPLIANCE: The Certificate of Compliance shall be requested in writing upon completion of the project.
At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter
signed by a professional engineer, certifying that the work has been done in accordance with the approved plan.
• STORMWATER MANAGEMENT & OPERATION AND MANAGEMENT PLAN: All the terms and conditions set forth in the
Stormwater Management Plan for the Notice of Intent for 499 East Street prepared by the Town of Mansfield Engineering
Division and submitted on April 29, 2021 are to be included with this Order of Conditions. All on -going 0&M plan activities
are to be recorded as noted. All reports and checklist are to be submitted to the Commission as noted.
Ms. Joynes seconded the motion.
Dr. Roth — in favor
Mr. Gallagher — in favor
Mr. Healey — in favor
Ms. Joynes — in favor
Motion passed 4-0-0
Hearing ended at 8:19 pm.
Ms. Gonyer will follow up with the Police Department and the regional group to answer the abutting resident's concerns
and questions.
4. Request for Determination of Applicability: Ralph Bellavance, 128 Lawndale Road, Map 40, Parcel 70
Mr. Healey opened the hearing for the construction of a detached 26'x32'two-car garage within 100 feet of Bordering
Vegetated Wetland.
Michael Trowbridge, Hutchins -Trowbridge Associates, Inc. presented for Mr. Bellavance.
Mr. Trowbridge said this is a single-family house and the Applicant will be building a detached garage and will continue the
existing driveway about ten feet to match up with the new garage. He said the area where Mr. Bellavance is proposing the
garage is an existing grassed area, and a silt sock, as shown on the plan, will be installed to the rear of the house along with
roof drains connected to a drywell. All work is being done within the lawn area, with the closest siltation control 50 feet away
and the actual structure being proposed is approximately 78 feet from the Bordering Vegetated Wetland. Mr. Trowbridge
noted this was part of the original proposal when the house was built years ago but the garage was never done. He said
maybe one tree will have to be removed.
There were no board comments.
Public Comments:
The Chair read the following notice:
"It is important to us that you have a platform for your questions and comments during this meeting, therefore
to ask questions or make a public comment during tonight's virtual meeting you must have registered and
joined the meeting via GoToWebinar where you now have the ability to submit your question or comment
through the questions option in your control panel, or you can use the raise your hand option to be allowed
to speak.
For those who have joined the meeting via telephone who would like to ask a question or make a comment,
you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are
asking your question. Please mute when you are no longer live. you can unmute your phone by pushing *6.
Please then state your name and address, and when acknowledge by the Chairperson you can then state
your question or comment. When you are done with your comment please mute your phone again by pushing
*6.
As with any public meeting we ask you to be respectful of the Board members and the other residents who
are making their comments by patiently and quietly waiting your turn. Thank you."
There were no public comments.
Ms. Joynes made the motion to issue a Negative Determination for reason #3, work will not impact the resource
area, to Ralph Bellavance,128 Lawndale Road, Map 40, Parcel 70 for the construction of a detached 26' x 32'two car -garage
within 100 feet of Bordering Vegetated Wetland with the following conditions:
1. Erosion control installed per plan. Erosion control shall consist of 8" diameter (min.) biodegradable mulch -filled silt sock;
2. Agent to inspect erosion control;
3. All roof drains to be directed to a drywell as shown on plan;
4. Erosion control must remain in place until all disturbed areas have been seeded and stabilized;
5. Notify agent when project is complete.
Dr. Roth seconded the motion.
Ms. Joynes — in favor
Mr. Healey —in favor
Mr. Gallagher — in favor
Dr. Roth — in favor
Motion passed 4-0-0
Hearing ended at 8:28 pm.
5. Request for Determination of Applicability: Anil Kishore Atluri, 11 Stratton Road, Map 8, Parcel 12.
Mr. Healey opened the hearing for the removal of one (1) tree and installation of a fence within 100 feet of Bordering
Vegetated Wetland.
Homeowner Mr. Anil Kishore Atluri was present.
Ms. Gonyer said she had been to this property a couple of times and had walked the property with the homeowner. She
explained this is a single-family dwelling and the property is connected hydraulically with a very large surface water body that
is listed as a potential vernal pool but it has not been certified. She said the water body is obviously also some flood control
for the neighborhood, acting like a wet basin for retaining rain water and is groundwater fed as well and would be considered
part of the resource area even though it is under 5,000 square feet. She said this is a small depression on the side of the
property. Ms. Gonyer said Mr. Healey actually was out at the site and spoke with the homeowner. If Mr. Atluri was to fill the
depression he would be filling a resource area. Ms. Gonyer said Mr. Atluri wanted to fence in his property and noted there is
only 20+/-feet between the house and the depression; the area is flat at the house but then it slopes toward the depression.
She said Mr. Atluri wants to level out the yard and she explained to the homeowner this can be very procedural considering
that if you are filling in a wetland you would have to restore. She has no problem with the removal of the pine tree and will
talk directly with the homeowner about where the fencing can go; she will discuss how to handle the situation with the
depression.
Mr. Atluri said he measured the depression and it is about 150 square feet. He said he does not understand how taking care
of this small area would impact the resource area. He said the depression is very close to the house and attracts flies, and
yellow jackets and is a breeding ground for mosquitoes. He said he needs to level the area and fill the 150 square -foot area
and get permission to cut the pine trees; he noted there are a couple of trees that need to be removed not just one pine tree
and said he will use the cut trees as a barrier.
Mr. Healey said the depression is fed by ground water and while on site he noticed the homeowner was pumping water out
of the depression; he said he observed ground water entering the depression so it is hydraulically connected to the ground
water and represents a resource area and you cannot fill a resource area. To answer Mr. Atluri's question about the
depression being a wetland, Mr. Healey said the area does have hydric soils and, if it is hydraulically connected, then it is a
wetland.
Ms. Gonyer said the approved subdivision plan shows the edge of the Bordering Vegetated Wetland. To clarify, Ms. Gonyer
said we are not saying you cannot do anything but you would need to have a surveyed plan of the land and then file a Notice
of Intent. She said in the RDA application Mr. Atluri said he wanted to remove some trees, add fencing and wanted to stop
erosion from the house, but no where in the application is there a solid plan of how you would fill this area in and where you
would replicate. She said this is all permittable but you would have to go through the proper procedure and have a wetland
scientist flagged the wetland, hire a land surveyor to survey the depression area and then hire a professional engineer to do
an analysis of the area. She noted you can fill up to 5,00 square feet, which is permissible under state law if you go through
the Notice of Intent process. She said we can talk about the fence and the trees under the RDA but touching that land form
is not part of this application.
Mr. Atluri said the fencing of the lot is his primary concern along with protecting the house from erosion of the soils
surrounding the house and preventing water from causing any future issues with the existing structure. Ms. Gonyer asked
what type of fencing is proposed and the fence location. Mr. Alturi said he gave a sketch of where the fence would be. He
asked what he could do with the water area and if the water could be used to water the lawn. Ms. Gonyer said no because it
is a potential vernal pool. She explained this type of water body has a lot of protection and you cannot adversely impact
and/or alter the area. She said the plan shows a chain link fence around the entire property but Mr. Atluri said he wants to
enclose the dry areas only. Mr. Healey said the fence is also a barrier to the migration of animals that may use this resource
area. He said the map is not adequate to answer the questions asked tonight and a more detailed, to scale, plan is needed
with a description of what you are going to do.
Mr. Gallagher suggested Mr. Atluri talk with an engineer to get him through the process and have the application updated.
He said the Commission cannot approve anything because right now we do not have a graphic that we can refer to in our
decision that shows what you are going to do.
Ms. Joynes said there are other things Mr. Atluri wants to do and from a financial perspective, to do a fence now that you
might want to move later would be expensive. She said it seems this is all one project. Mr. Healey said the Commission would
need a site plan prepared and stamped by a professional engineer to indicate the current conditions at the property and the
proposed activities Mr. Atluri is planning to do.
Mr. Atluri asked that the NOI packet be sent to him and said he would file. Ms. Gonyer will send the NOI, a list of local
engineers and surveyors by email. He asked about the trees he wants to remove. Ms. Gonyer asked how many trees would
be removed. Mr. Atluri said there are six trees. Ms. Gonyer said the Commission would need a plan to scale showing all six
trees to be removed.
Mr. Gallagher suggested the hearing be continued to June and Mr. Atluri take the plan shown and mark the location of each
tree.
Dr. Roth said Mr. Alturi mentioned cutting down the trees and using them as a barrier. Mr. Atluri said yes, it would be a
natural barrier Dr. Roth said no, the trees would have to be removed from the property.
Ms. Gonyer said the hearing should be continued to June 28`h and no work can happen until after the June hearing; no permits
have or will be issued tonight.
Public Comments:
The Chair read the following notice:
"it is important to us that you have a platform for your questions and comments during this meeting, therefore
to ask questions or make a public comment during tonight's virtual meeting you must have registered and
joined the meeting via GoToWebinar where you now have the ability to submit your question or comment
through the questions option in your control panel, or you can use the raise your hand option to be allowed
to speak.
For those who have joined the meeting via telephone who would like to ask a question or make a comment,
you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are
asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6.
Please then state your name and address, and when acknowledge by the Chairperson you can then state
your question or comment. When you are done with your comment please mute your phone again by pushing
*6.
As with any public meeting we ask you to be respectful of the Board members and the other residents who
are making their comments by patiently and quietly waiting your turn. Thank you."
There were no public comments.
Dr. Roth mad the motion to continue the hearing for Anil Kishore Atluri, 11 Stratton Road, Map 8, Parcel 12 for the removal
of one (1) tree and installation of a fence within 100 feet of Bordering Vegetated Wetland to June 28, 2021.
Mr. Gallagher seconded the motion.
Ms. Joynes — in favor
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Mr. Healey —in favor
Mr. Gallagher —in favor
Dr. Roth — in favor
Motion passed 4-0-0.
Hearing ended at 9:17 pm.
6. Old Business:
• Proposed draft of new Stormwater Management Regulations under Stormwater Management By-law
Chapter 185.
Mr. Gallagher made the motion to continue this item to the June meeting.
Ms. Joynes seconded the motion.
Dr. Roth — in favor
Mr. Gallagher — in favor
Mr. Healey- in favor
Ms. Joynes — in favor
Motion passed 4-0-0 at 9:18 pm.
• Approval of April 26, 2021 minutes.
Dr. Roth made the motion to approve the April 26, 2021 minutes.
Mr. Gallagher seconded the motion.
Ms. Joynes — in favor
Mr. Healey— in favor
Mr. Gallagher — in favor
Dr. Roth — in favor
Motion passed 4-0-0 at 9:19 pm
7. Adjournment:
Motion to adjourn at 9:20 pm (Gallagher/Joyner)
Dr. Roth — in favor
Mr. Gallagher — in favor
Mr. Healey — in favor
Ms. Joynes — in favor
Motion passed 4-0.
Next meeting will be June 28, 2021.
Michael Healey, Chair Date
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