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HomeMy WebLinkAboutCONSERVATIONminutes08102009 ) Conservation Meeting August 10,2009 iLl Present: .Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele Wiifi;~) -- f[ ~-"' ]: 08 Colin Cauldwell; Carole Matthew. 11. Me~ting calI~dto ortler at 7:00pm. -I 2. Certificate QfCoDtpliance;l(ingman}loll.d I)alll Rick Alves, Senior Engineer for the town was present. A "record drawing" instead of an "as built" has been submitted, signed and stamped by Mark Mitch of Weston and Sampson, stating the dam was constructed according to the proposed plan. Michele White and Paul Boyden performed a site visit on August 4, 2009 with Rick Alves, Senior Engineer for the Town of Mansfield. Everything looked good. Colin Cauldwell also visited the site. Rick Alves told the board there are no field changes not reflected on the original plans; only changes are the fence style, trees have been planted and mulch added. Rick told the board the contractor has seeded the area twice; the geese are eating the grass seed. Paul Boyden reminded Rick Alves about the letter to DEP concerning a tree that has fallen into the surrounding trees close to the wetlands. The Maple tree is about 3-4 ft. in diameter and has been completely uprooted. The board and Rick Alves agreed the tree should be cut and removed due to safety reasons. Colin Cauldwell made the motion to issue the Certificate of Compliance for the Kingman Pond Dam project as presented, plan dated July 29, 2009. Carole seconded. Passed 5-0. Hearing ended at 7:07 pm. 1.3. Certificate of Compliance: 474 Bird RQad, AndrewAu$tin - #211-0832. Andrew Austin was present. The Notice of Intent was submitted for the expansion of an existing deck. All conditions have been met; all footings were dug by hand as required by the board and the Order of Conditions has been recorded. Mr. Austin submitted before and after photos of the project. o Colin Cauldwell made the motion to issued a Certificate of Compliance for Andrew Austin, 473 Bird Road, DEP # 211-0832. Carole seconded. Passed 5-0. ) Hearing ended at 7: 1 0 pm. 14. NewBllsmess: Nathan and Kenneth Meyers - an update on his Eagle Scout project in Corporal Robert F. Hardy Park/Conservation Area (formerly Maple Street Park). Nathan presented a list of items he has removed from the park. He told the board he has removed 16 bags of trash from the park. He said people have already trashed some of the previously cleaned trails. He told the board there was a lot of building material along the fence by National Lumber. He also wanted the board to be aware that parties are being held on top of the hill over-looking the pond and that there is evidence fires are being built. He also reported a large tree has fallen across one of the paths in the park. Nathan requested that the tree be removed because it is a safety issue along with making the path impassable. The path is located in back of the park by the DPW garage. Mike Ahem will be called for the removal of the tree. Kenneth Meyers told the board there are other paths that have logs across them; they have been left in place because people can still walk the paths and this will prevent motor vehicles from using the paths. Nathan told the board the only things left to do are marking of the trails, painting the fIre hydrants and the sign. He hopes to have the project completed by Labor Day. Paul Boyden said the need for more parking spaces will be discussed after the project is completed. 71 Marshall Avenue: The owner of this property was asked to come to the meeting tonight to discuss the property, Lot 2, which is for sale, and Lot 1 in back of the house. A potential buyer would like to purchase ~ of an acre of Lot 1 to enlarge the back yard. The buyer wanted to know if there were any conservation issues that would prevent him from enlarging the backyard for a play area for his children. There is a stream separating the lots; the buyer would put a footbridge over the stream and clear the area past the bridge. The owner was not present. If the work is to be allowed, an RDA would have to be illed. Paul Boyden and Colin Cauldwell both agreed the present condition of the stream would have to be addressed. I. 5. Old Business: () 230 West Street, Kristen Lyle: Mrs Lyle called about a tree that had fallen in a wind storm but the tree was left hanging in the surrounding trees. She wanted to know if she could take the tree down or if she needed to come before the board. After a site visit, Paul Boyden told Mrs. Lyle she could take the tree down - it is a hazard to the family. He also noted that a lot of the trees in the yard have dead branches at the top. He feels 2 ) there is too much fill around the bases of the trees - trees are unable to breathe, they are suffocating, and this could be a problem in the future. Mrs. Lyle was made aware of this. 69 King Street - DEP #211-0834: An update on the progress of work: Michael Donovan of Fidelity Joint Ventures was present. He told the board that Phil Beatty was on site; he took out what he believes is the right amount of soil based on descriptions given him by Ralph Maloon of RIM Engineering after Mr. Maloon's conversations with the/town engineer. Ralph Maloon will be on site tomorrow or Wednesday of this week for measurements. If the measurements are right, poles will be put in place, so the grading can be finished and the area loamed and seeded. The staked hay bale/siltation fence has been installed and certified by Ralph Maloon. Joe Mulkern asked that the propane storage tanks be removed; the tanks have been removed for grading purposes and because one was within the 50 ft. area and would interfer with the fencing the board. will require. The tanks have been removed. Paul would like the board to consider what conditions need to be added to the deed restriction in addition to John Sullivan's comments. Paul suggested that one of the conditions should read "or any other structures that would decrease flood volume storage" . \, ) Debris in the back of the property on the right-hand side still needs to be cleaned. Michael Donovan said this would be taken care of as soon as the grading is done. Michael Donovan told the board he is concerned that the After-the-Fact Notice of Intent has not been acted on. The NOI filed in January 2008 (DEP #211-0807) by Mark Blanchette (Order of Conditions issued May 14, 2008 was recorded but a Certificate of Compliance has not been issued) is defunct so he feels he is operating in a gray area; the board has told him he can go out there to do the grading, etc but the new After-the-Fact NOI, DEP #211-0834, was never opened at a hearing and an Order of Conditions has not been issued. Alan Brown's Amended NOI (filed March 25,2009), hearing date April 13, 2009) was never acted on by the board. Paul Boyden told Michael Donovan the After-the-Fact Notice of Intent would be given an Order .of Conditions which would supersede the DEP #211-0807 filing. Paul thought the board might have to issue an OC to the Amended NOI stating the filing was "not completed". The After-the-Fact Notice of Intent would have to be opened before the Order of Conditions is issued. Michael Donovan told the board he was concerned that at a later date, someone researching the property would fmd the outstanding Notices of Intent and the Orders of Conditions, with no Certificates of Comliance issued, resulting in an unclear title. The board decided to contact Chris Ross at DEP on the proper procedure. There is also an active Enforcement Order. o 3 ) Michael Donovan also asked the board for the specs of the fence; he said he did not recall the need for the fence on the 50 ft. line. The board felt it had been discussed in previous meetings after the house was moved. Colin Cauldwell asked that the silt fence be checked and fixed. Verizon: Julie Freshman of Resource Controls~ working as an environmental consultant on behalf of Verizon - Verizon plans to install underground conduit (FIOS) as an upgrade/repair to existing underground telephone utilities. All of the proposed work will be within existing utility easements, rights-of-way and within existing road shoulders. Some of this work will be completed within the buffer zones of resource areas - wetlands, rivers, perennial and intermittent streams. Approximately 100 streets throughout Mansfield will be affected. Julie told Paul 10 streets are slated to be done this year. Verizon will be submitting an RDA for any work done within the buffer zones. A NOI would be filed where necessary. A meeting is scheduled for August 19th at 9:00 am at Town Hall with Julie Freshman, representatives ofVerizon and the contractor. Mark Cook, Mike Ahem, Lee Azinheira and Gary Babin have been notified of the meeting. John Sullivan and Rick Alves were also invited but will not be attending. Medline, DEP #211-0706 (formerly National Development): Joe Mulkern, Paul Boyden and Michele White have visited the site. The site has issues that need to be addressed, namely the swale on the property; silt has been allowed to enter the swale. It was originally thought the swale was owned by the state. It has now been determined Medline owns the swale. Paul Boyden had asked Rick Alves to check the condition of the swale; he was on site today and asked that the contractor double up on the erosion control to prevent anymore silt from entering the swale. Paul Boyden would like a letter sent to the AMB and Hagen Companies to address the areas in the back of the properties, primarily the condition of the swale area. Colin Cauldwell asked if a Stormwater Management report had been done when the Notice of Intent was filed. A report was done in July 2004. (Notice of Intent filed August 6, 2004, Order of Conditions issued December 1, 2004. An Extension of the Order of Conditions was granted November 19,2007 to expire December 1,2010) Hatheway Patterson Superfund site: Mike Ahem told Paul Boyden today the freight cars would be on site in about 2-3 weeks; the cars will be used to transport the contaminated soils to Michigan. Test borings will also be done on the site. Mike Ahem will keep the board updated. o Colin Cauldwell would like the whole board to go to the site. 4 . ) Discussion: 23 Lakeview Avenue, Catherine Memory - DEP #211-0780. Original filing was for a new septic system and a lO'x15' with a 5'x5' triangular shaped section. All work was to be outside the 25 ft. area. In June, Mrs. Memory filed for a Certificate of Compliance. When a site inspection was done, it was discovered the entire 25 ft. no touch area had been bricked and landscaped. This activity violates the valid Order of Conditions, dated September 7, 2006, as well as the plan dated 8/28/2006. The board feels what was presented to the board and approved is not what was built. In addition to the patio, the new stairs are now in the 25 ft. The board wanted to know why the door and stairs were moved. The board would like a letter from Nick Riccio explaining why the location and configuration of the door and stairs were changed. Colin would like to have Mrs. Memory and/or a representative present at the next meeting. Abutters: Edward Verrochi, Mary Ann Verrochi and Joe Verrochi of 27 Lakeview Avenue. Mary Murphy, 29 Irving Drive; Kathy Bush, 335 Haversham Road; and John Murphy, 15 Spruce Street, North Attleboro, MA (Mr. Murphy inquired about a piece of property near Mrs. Memory in regards to what could/could not be done on the property) were also present. The Verrochis brought pictures of 23 Lakeview Avenue showing the property before the addition was built. The pictures show a very small patio area on the right side of the property. At the July 20, 2009 meeting, Michael Trowbridge had argued that because there was an existing patio, 2.2, paragraph #4 of the by-law applied to the new patio; that it was a replacement or improvement to the existing patio. John Murphy told the board he is interested in purchasing the small bungalow next to Mrs. Memory. He wanted to know what he could or could not do with the property, such as cutting trees. The bungalow shares a right-of-way with Mrs. Memory; Mr. Murphy asked about improvements to the driveway. Carole Matthew told him he would be fined if any work including cutting trees was done within the 25 ft. area. Regarding Mrs. Memory's property, Mr. Murphy told the board he was concerned with the stairs extending down to the water. He said excavating along with the removal of trees, was done not only for the patio but for the stairs. He said truck loads of fiU were removed. He said the stairs were existing but the steps were very steep; the stairs now go back 6 to 10 ft. o 5 . ) Mr. Murphy wanted to know what rules and regulations would apply as far as any work on the property such as grading and tree removal? He was told grading associated with additions is allowed. Trees are allowed to be removed if they become a safety hazard. Colin Cauldwell made the motion to continue the discussion for 23 Lakeview Avenue to the August 24, 2009 meeting. Carole seconded. Passed 5-0. Southbound Ramp of 1-495: Site visit was performed Wednesday night with Maryann Magner and Heather Fuller from the firm of Jacobs. Conservation issues include Riverfront, the Back Bay Brook, intermittent and perennial streams, a number of culverts and bank restoration and wetland replication. The project will require a filing with Conservation. The representatives said they would like to be on the agenda for the first meeting in September. 858 School Street: Pedro Laredo, the property owner, would like to remove an existing shed and build a new shed on the existing foundation. The new shed will be the same width but will be 2-3 ft. taller. Paul Boyden wanted the board to be aware of this building permit. The board decided to have Mr. Laredo file an RDA for the new shed because of wetland issues. Paul Boyden also had noticed a lot of trees have been removed on the property. Bird Road Substation DEP #211-0809: Notice of Intent filed April 2009 (RDA filed in October 2008). Referencing the letter dated July 21,2009 from Natural Heritage which states the project will not result in a prohibited ''take'', Michele White asked if the board would still require an outside assessment. Carole Matthew said yes, as per 5.2 of the by-law. She reminded the board past filings have had to do assessments; Clementine Drive, Gilbert. Street and Eastfield Estate Paul Boyden asked Michele White if she would write a letter for the proposals (RFP). Letters will go out to Hyla Ecological Services of Somerville, MA, Swampwalkers Ecosystem Specialists of Haverhill, MA, and Call of the Wild of Falmouth, MA. A letter will also be sent to the Electric Department to let them know the request for proposal letters are going out. o Colin Cauldwell made the motion to send a letter informing the Electric Department that absent the state's Natural Heritage Program making a site evaluation, the Mansfield Conservation Commission will require an assessment be done by a qualified biologist so the board can make an informed decision - reference 2.6 and 5.2 of the by-law. 6 .) Paul Boyden seconded. Passed 5-0. 175 Essex Street, Karl Clemmey: This property is being handled by the state. Shaun Burke has been in touch with DEP regarding the activity on this site. (OEP # 211-0748) Colin Cauldwell asked about money for conservation land; he would like to fmd out how much money we have, what the money can be used for and how do we access the money. He also asked where the money for fines imposed for violations goes. Is it put into the general account or into Conservation's accounts. Colin Cauldwell also spoke to John Thomas concerning the filing of an ANRAD for the Plymouth Street soccer field. Carole made the motion to accept the minutes of July 20, 2009 as written. Paul seconded. Passed 4-0. Colin Cauldwell abstained. I 6. Adjourum.ent: Carole Matthew made the motion to adjourn at 8:50 pm. Colin Cauldwell seconded. Passed 5-0. Next meeting will be August 24,2009. C )-/ fir1/Vt/\-- cp~,~/~~ Joseph Mulkern, Chairman ~'-~v-ot Date o 7