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HomeMy WebLinkAboutCONSERVATIONminutes05182009 CONSERVATION MEETING MAY 18, 2009 Present: Joe Mulkern, Chair; Paul Boyden, Vice Chair; Derek House; Jack Smith; Michele White; Carole Matthew; Michele Grenier, Conservation and Environmental Planner. 11. MeetingcaUedtoorderat.7:00pm 2. Certificate of Compliance: Stacie and James Hooper, 73CampbeU Street, #211-0721. . Stacie and Jimmy Hooper were present. Stacie and James Hooper are seeking a Certificate of Compliance ("COC") on the Order of Conditions dated December 1, 2005. Michele informed the board that an as-built dated May 11, 2009 has been submitted. The house has been constructed according to the plan. Plans for an unattached garage were included in the Notice of Intent, filed May 3, 2005 (plan of record - November 23, 2005). The foundation for the garage has been completed. The garage will be built at a later time. Michele was on site when the drywells were installed as per the Order of Conditions. Paul Boyden asked whether the hay bales, installed prior to the construction, were still in place. Michele said because the construction of the house is complete and the foundation for the garage is done, she told Mr. and Mrs. Hooper that the hay bales could be removed so the grass could be re-established. Paul Boyden asked if any new conditions needed to be included in the cae. Michele stated that prior to beginning construction on the garage, a silt fence would be required behind the line of work. This requirement should be included in the cae. Furthermore, Conservation should be informed when construction on the garage begins. Paul Boyden suggested granting an extension of the Order of Conditions rather than issuing a partial COC; the Hoopers would have to come back again for a complete COC when the garage is finished. Paul told the Hoopers the Order of Conditions can be extended for three years with an additional extension of 3 years. Michele explained to the Hoopers the Order of Conditions can be extended for a total of 9 years from the original date of issue, at which time the OC would expire and any work not completed would require a new filing. The request for a COC will be held until the garage is complete. Paul made the motion to grant an extension of the Order of Conditions, dated 12/1/2005, for 73 Campbell Street - DEP #211-0721- for 3 years. The order can be extended an additional 3 years if necessary. The request for the Certificate of Compliance will be added to the file to be used when the garage is completed. Jack Smith seconded. Passed 6-0. Hearing ended. 7:10 pm. 3. Request for Determination of Applicability: James and Aimee Pfeiffer, 51 Lantern Lane. James and Aimee Pfeiffer were present. The RDA was filed to replace a deteriorating deck. The deck will be expanded approximately 2.5 ft. to the right side of the house with new stairs to allow for the use of an existing side door. The deck will be constructed in the existing foot print except for the additional 2.5 ft. The original footings might have to be replaced. The house was built in 1979. The deck was added in 1981. Michele asked that a hay bale line be placed at the limit of work starting at the new stairs and extending around the screened porch area to the left corner of the house. The original plan was mislabeled - the riverfront area was labeled the Rumford River. The riverfront area is actually Hodges Brook. Plans with the correction have been submitted. Paul Boyden would like the agenda to reflect this change. This project will need a variance from zoning because the distance from the deck to the back property line is only 37 ft. The zoning board hearing will be in June. Derek House made the motion to accept the plan by Hutchins-Trowbridge Associates, dated 5/11/2009, for 51 Lantern Lane - the house was built in 1979 and the deck was built in 1981. A Negative 3 Determination will be issued; hay bales to be installed according to plan with the addition of hay bales extending to the left corner of the house. The hay bale line is to be checked by conservation and remain in place until construction is complete and the grass has been re- established. Paul seconded. Passed 6-0. Hearing ended at 7:20 pm. 4. Request for Determination of Applicability: Richard Sierrit, Jr., 701 North Main Street, Unit A. Richard Sierra, Jr., owner of Unit A, was present. The RDA was filed for construction of an llx16 deck within the 100 ft. buffer zone. 2 Michele informed the board that the quitclaim deed for 701 North Main Street, Unit B has been submitted. Paul noted the plan does not designate sides A and B and would like this included on the plan of record. The deck is outside the 50 ft. no touch. An additional hay bale line will not be required as there is an existing hay bale line located on the 50 ft. line. Derek House made the motion to accept the plan dated 4/1/2009 for an 11x16 addition to the existing deck, to be constructed within the 100 ft. buffer, for Unit A at 701 North Main Street and to issue a Negative 3 Determination. Additional hay bales will not be necessary. Conservation shall be notified when the deck has been completed. Paul seconded. Passed 6-0. Hearing ended at 7:30 pm. 15. Notice of Intent: .. Kevin and Jaquie Duffy, 20 Carriage House Lane, #211,,0830. David Hobaica of Easton Pool and Spa and Jaquie Duffy, the homeowner, were present. The Notice of Intent was filed for an in-ground pool with concrete decking around the pool. This project is within an ACEC, the Canoe River, and Estimated and Priority habitats. There are no wetlands on site. A retaining wall will be installed if necessary. A letter, dated May 7, 2009, has been received from Natural Heritage. This project is located within the habitat of the Eastern Box Turtle and the Marbled Salamander. Based on their review, this project will not adversely affect the habitat. Based on the MESA review, the project will not result in a prohibited "take" of state-listed rare species. A chain-link fence will be installed at the rear property line. Existing fencing on both sides of the property will remain in place. Carole Matthew informed the board that when her neighbor had an in-ground pool installed, Natural Heritage recommended meshing be installed along the bottom of the fencing to prevent the migration of the spotted salamander. Carole will get information on type and height of the mesh fencing. David Hobaica told the board that the pool will have a cartridge filtration system requiring no backwashing. 3 Carole Matthew made the motion to accept the plan for 20 Carriage House Lane - DEP #211-0830- plan dated April 2, 2009, for the installation of an in-ground pool and to issue an Order of Conditions with the following conditions: 1) a chain-link fence to be installed on the rear property line; 2) a mesh fence will be added to the chain-link fence - the type and height of which to be determined; 3) hay bales to be installed and inspected by conservation. This project meets 2.4 of the Mansfield by-law. Jack Smith seconded. Passed 6-0. Hearing ended at 7:37 pm. Paul Boyden noted this plan does not show the abutting properties. Are there resource areas or other concerns on the properties that might affect the project? "The plan is inadequate for this board making decisions with this drawing. We don't know what is on either side. There could be a vernal pool on the properties." Paul added the commission would no longer accept plans without surrounding properties shown on the plan. 16. Notice of Intent: Stacy and Sea. 11 Brumble, 25 Cooper Road, #211-0831. David Hobaica of Easton Pool and Spa and Sean Brumble, the homeowner, were present. The Notice of Intent was filed for an in-ground pool with concrete decking around the pool. The project is within an ACEC, the Canoe River, and Estimated and Priority habitats. There are no wetlands on the property. The house is surrounded by a solid cedar fence and no additional fencing will be required. Because the fence is flush to the ground, no meshing is necessary. A letter was faxed to Mr. Hobaica from Natural Heritage May 18, 2009. NHESP has determined the project will not adversely affect the habitat of state-protected rare wildlife species or result in a prohibited "take" of state-listed rare species. Derek House read from the Natural Heritage letter; NHESP recommends that the proposed patio around the pool be designed so it is not flush with the patio apron or edge. The pool edge should be higher than the concrete patio or the concrete patio should be built at a higher level than the surrounding area to prevent salamanders from drowning in the pool. NHESP also recommends the use of a Froglog; these devices act as an escape ramp for turtles, frogs, insects and small mammals from the swimming pool. Derek House made the motion to accept the Notice of Intent - DEP #211-0831 - for 25 Cooper Road for an llx36 in-ground pool, plan received 4/30/2009, and to issue an Order of Conditions. Silt fencing or hay bale barrier will not be required. The existing wooden fence shall stay in place as required by Conservation. All grass areas must be re-established before a certificate of compliance can be issued. This project meets 2.5 of the by-law. Carole seconded. 4 Passed 6-0. Hearing ended at 7:50 pm. 7. Other Business: 1.) Patriots Way, Lot 10 #211-0689: The Deberghes came before the board August 13, 2007 asking permission to expand their backyard. The board voted not to allow any work within the 100 ft. buffer of the vernal pool. At a later date, it was discovered the homeowner had removed the shrub layer and taken down trees within the 100 ft. The homeowner was required to replant the area with trees and bushes. Carole Matthew asked if all the required trees were replanted as she saw only bushes in the pictures. Michele indicated blueberry bushes, 4 white birches and 7 or 8 large trees - 10 to 25 ft. high - were planted along the side. She also told the board that the drainage on the left side of the house had been moved to give the Deberghes more of a yard. The board asked why an enforce- ment order was never issued for clearing the trees and the shrub layer. Approximately 2,000-3,000 sq. ft. of land was altered within the 100 ft. buffer of the vernal pool (#4044). Because there is some confusion between Michele and the board concerning this property, it will be continued until the file can be examined. The Commission would like to know the number of the house. 2.) Little League Contract: The addendum to the contract needs to be completed and signed. For future reference, a diagram of the field to include location of the boulders, the disturbed gravel road, the paved road, the stone wall, the wooded path and the signage should be submitted along with the addendum. It was suggested that the Engineering Department could map out the location of the boulders and the signage requested by the Commission and the location of the paved part of the driveway. The Commission also requested the Little League submit a maintenance schedule for the driveway. Derek was concerned about the area to the right of the boulders where the signs were to be located; this area is where the motorcycles, ATV, etc. enter. Boulders can not be placed here because it is a truck entrance. Derek suggested a gate be installed to prevent any motorized vehicles from entering. 3.) 69 King Street #211-0807: Hearing date May 12, 2008. Because there was no land on site for compensation for the flood plain, the Order of Conditions was issued for the house to be built on the existing foundation within the original footprint. Ralph Maloon of RIM Engineering told the board at the May 12, 2008 meeting that the applicant was trying to buy an adjacent piece of property to compensate the flood plain. If there were compensation, the applicant was told they would have to re-file and would be held to the 50 ft. no touch for new construction. An inspection by the building inspector determined the existing foundation could not be used and after a meeting with Alan Brown, Ralph Maloon and Nick Riccio, a new plan was submitted with the house 47 ft. away from 5 the wetlands. Michele told the board it was not necessary to compensate; she said DEP agreed no compensation was needed. After discovering the house had been built in a new location, the board asked Alan Brown, the new owner, to file a new NO!. An Amended Notice of Intent was filed with Conservation. The hearing was on the agenda for the April 13, 2009 meeting. The board continued without hearing the filing until more information was available. At that time, Carole Matthew asked that Town Council be notified to get a ruling since the house had already been built in the new location. Derek House asked that the Zoning Board be informed of the project. He was of the opinion that once the plan changed, it should have gone back to ZBA for a ruling. Derek House asked who had signed off on the building permit. Michele stated that she had not signed the permit. Memorandums from John Sullivan, dated February 14 and 26, 2008 were discussed by the board. These memorandums discuss the need to compensate for the flood storage that would be lost as a result of the proposed project, the need for flood insurance and a deed restriction, prohibiting any outside structures such as sheds and garages and no pools. Notes are included from a meeting with Attorney John Pol lis, Ralph Maloon, Mark Blanchette (the original owner) Michele, Nick Riccio and John Sullivan. John Sullivan's conclusion: there were two options for allowing the applicant to build on the property; 1) rebuild on the existing footprint or 2) compensate for the flood plain elsewhere, as DEP indicated they allow. The board was told there is a potential buyer for the property. The Commission would like to schedule a meeting with Nick Riccio, Ralph Maloon of RIM Engineering, Alan Brown, the applicant and John Sullivan, Town Engineer, to discuss this project. Derek House made the motion to table 69 King Street until further information is gathered. Jack Smith seconded. Passed 6-0 Meeting has been tentatively scheduled for June 3rd at 6:00. 4.) Covidien: Covidien has work teams made up of employees who go out into the community to help the town and the residents with yard work, plantings in the town and the cleanup of areas such as the trails in Great Woods. They will even paint. This year the teams will go out on July 9th from 9-11:30 or 12 noon. This is something they do each year to give back to the community. One suggestion this year is to plant flowering bushes along the Rails for Trails. Another location needing some help is the Maple Street Park especially around the entrance to the park. Paul told the board the dedication for Corporal Robert Francis Hardy will be June 11, 2009 at the Maple Street Park. He has asked Lorilee Fish to contact Covidien to see if members of the team can spruce up the entrance to the park before the dedication ceremony. 6 5.) Electric Company, Bird Road: The Notice of Intent, dated April 14, 2009 for the proposed substation to be constructed on Bird Road, has been withdrawn. The Mansfield Municipal Electric Department will go through the MESA and NHESP process and will then resubmit the application if necessary . Carole Matthew wanted Michele to know the Electric Department should not be selecting the consultant to review and comment on the application. She cited 5.2 of the Mansfield by-law which states the Commission is authorized to require any applicant to pay the costs/expenses for a consultant. The Commission would pick and vote on the consultant. 6.) Maple Street, Map 40 - Parcel 92: vernal pool #1968 restoration. Restoration started on April 29, 2009. Commission asked that Michele make frequent checks with pictures to make sure the vernal pool is functioning. 7.) Douglas Drive: A call on May 9, 2009 from Jamie Goncalves of the Mass DEP Emergency Response unit of an alleged complaint about black flex pipes either drafting or discharging into the Wading River in the Douglas Drive area. Additionally, it was noted that there was white piping at the bottom of the river, possibly a filter or pump. Mike Ahern, Conservation Constable, was asked to go out to check out the complaint. He found several homes in the area have been using the systems for irrigation purposes for a number of years. Mike Ahern saw no evidence of discharge into the river. Upon contacting Mr. Goncalves, Mike Ahern was told DEP does not have any rules on withdrawal of water unless it exceeds 100,000 gallons per day which is not the case here. The Board of Health does not have an issue with this. 8.) Fairfield Green #211-691: Fairfield Green received a partial certificate of compliance because buildings F and G were not complete. The Commission also asked that the applicant provide a map showing the location of wetland protection signage and provide contact information for the landscaping/maintenance contractor. A report was supposed to be submitted to Conservation in the spring and again in the fall of 2009 on the health and/or replacement of the replication area plantings. The Commission asked Michele to check on these items. Minutes of April 27, 2009 - page 5, paragraph 2 should read amendment 2.5 instead of 2.6. Is. Adjournment: Derek made motion to adjourn at 8:45 pm. Paul seconded. Passed 6-0. Next meeting will be June 15, 2009 C 2/Yh- Joseph MUlkern, Chairman ch-J- "- 7-cJ-cJ~07 Date 7