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.
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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.
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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.
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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
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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.
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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
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