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HomeMy WebLinkAboutCONSERVATIONminutes11162009 Conservation Meeting November 16, 2009 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Jack Smith; Colin Cauldwell; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner Meeting called to order at 7: 05 pm. 1. Eagle Scout Project, Josh Lampron - Marie F. Streese Memorial Conservation Area - corner of Branch and Ware Street. Josh Lampron of Troop 17 and Kenneth Meyer, Scout Master, were present. As an Eagle Scout project, Josh will be repairing the conservation area sign at the beginning of the trails. He will be replacing the shingles with cedar shingles and the molding around the sign also will be replaced. The roof will be bolted on because the present roof can be lifted off. A small mailbox will be attached to the sign for maps of the trails in the conservation area. Josh will also be adding two signs near the road. Josh will be clearing 2 trails, approximately 1.25 miles. The overgrowth will be hand-trimmed. Any clippings will be placed back into the woods to provide ground cover for small animals. Any trash will be picked up. The trails will be marked by spray painting the trees on the right side of the trails. The shorter trail will be marked with blue and the longer trail will be red. Josh will be replacing signage from a previous Eagle Scout project; the signs have been damaged and are deteriorating. The new signs will be vinyl for durability; the signs would be placed on the trees. The signs will contain either maps or information about the local habitat or animals. Former and current members of Josh's troop will be helping with the project, requiring 100 to 150 hours to complete. He plans on doing the work Friday through Sunday this winter and in the spring of next year. He estimated the cost of the project to be $500.00 which he hopes to raise by sending letters to local businesses for donations. The board asked that Josh mark the trees on the trails with a circle and use red cedar shakes for the roof. Josh will report back to the board when the project is complete. The board would like pictures of the project for the file. Colin Cauldwell made the motion to accept the project as presented. Derek House seconded. Passed 7-0. I 2. Mass Highway Southbound On-Ramp - #211-0836 Continued to December 14. 2009 I 3. Request for Determination of Applicability: Charlotte Kreutzer, 70-72 High Street - Map 23, Parcel 170. Charlotte Kreutzer, the property owner, was present. The Request for Determination of Applicability was filed for the removal of trees, pruning vegetation and landscaping within the 200 ft. Riverfront, the Rumford River. Ms. Kreutzer told the board she has owned the house for 25 years and the trees have been pruned back previously. She would like to take down a willow tree, pine trees, maples and junipers. The willow tree abuts Fulton's Pond and the Rumford River; the willow tree has caused damage to the fence, cars, the house and electrical wires. Ms. Kreutzer would also like to remove a maple tree on the bank of the resource area. Invasive bamboo has also taken over this area; Ms. Kreutzer would like to remove the bamboo - it would have to be dug out and would need the board's approval. There are two retaining walls on the property; a high retaining wall toward the street and a smaller one along the riverfront. The high wall is in good shape but he smaller one has deteriorated. The junipers are in the front of the house and were damaged when the town put the sidewalks in; she would replace them with holly, arborvitae or box wood to provide a hedge. Also in the front, a large white pine is encroaching on the house - branches come down all the time and the roof line has been damaged. This will be replaced with a dogwood tree. The maple tree, a lilac and forsythia bush will stay. On the right-hand side to the property, Ms. Kreutzer would like to remove a maple tree; it is 5 ft. from the house and the root system has damaged the sidewalk. A large pine tree would also be removed because it is encroaching on the neighbor's property. In the back of the house, Ms. Kreutzer would like to remove several Swamp Maples; the root systems have been compromised because they are too close together. If she can't remove all the maples in this area, she would like to take down 1 or 2. Ms. Kreutzer asked the board if she could add gravel to the existing driveways. She told the board she has done this in the past. All affected areas would be re-Ioamed and seeded; no grading will be done. In the lawn area, Ms. Kreutzer would like to grind the stumps. Most of the stumps will be brought down to grade. Elizabeth reminded Ms. Kreutzer she is within resource areas; inner riparian zone, in the bank and a flood zone. She will have to compensate if the area is filled because of the flood plain. Elizabeth proposed shrubs along the bank because of the steepness of the area. She would like any trees removed replaced with indigenous plantings. Paul Boyden and Colin Cauldwell agreed the willow tree is dying and a danger. Colin Cauldwell said when ever a bank is restored by the town they remove all the trees immediately because it compromises the ability of the bank to re-stablize. Ms. Kreutzer said she would not be touching the bank except for the removal of the maple tree. Jack Smith would like to take a look at the property. 2 Carole Matthew told Ms. Kreutzer it is the first time the board is seeing the plan she submitted tonight. Derek House asked when Ms. Kreutzer would like to start the work. She said she would like to remove the trees before winter or early spring. Derek said he would like to see the property and thinks the work should be done in the winter. Joe Mulkern told Ms. Kreutzer she would have to come back before the board. The board needs to know what plantings and types of trees will be used. Ms. Kreutzer will contact Elizabeth about the trees and the best way to proceed with the project. Colin Cauldwell asked if the board could agree on some of the tree removal; some are dangerous. Ms. Kreutzer said she would like to do all the work at one time; she is not in any rush. Elizabeth asked if the board would like to remove the dangerous trees under an Emergency Certification. Paul Boyden asked if Elizabeth would like the trees to be removed marked by Ms. Kreutzer. Then Elizabeth could go back and make a determination concerning what trees can be removed and what the trees should be replaced with. Michele White said the project should have a Notice of Intent; the Wetlands Protection Act does apply to this project. All the issues can then be put under an Order of Conditions - tree removal, replanting and the stabilization of the bank. Colin Cauldwell made the motion to issue a positive determination for the RDA submitted for 70-72 High Street. The applicant will be required to file a Notice of Intent in order to proceed with the tree removal, replanting and the landscaping update. Jack Smith seconded. Passed 7-0. Hearing ended at 7:45 pm. 14. Request for a Certificate of Compliance: 69 King Street, Map 19, Parcel 129. #211-0807 and #211-0834 Michael Donovan of Fidelity Joint Ventures is requesting Certificates of Compliance (COe) for 69 King Street. One COC is for the Order of Conditions, dated, May 15, 2008, issued to Mark Blanchette - DEP #211-0807; the property was sold by Mr. Blanchette to Alan Brown, who violated the Order of Conditions. The second COC is for an Order of Conditions, dated September 15, 2009, issued for an After-the-Fact Notice of Intent, DEP #211- 0834. Michael Donovan told the board all conditions have been met; 8 trees and 18 shrubs have been planted, the 5 ft. high chain-link fence has been installed with signage, reading "Environmentally Sensitive Area-Do Not Disturb", attached to the fencing, the lawn area is growing and the no touch zone has been cleaned up. A deed restriction was required for this property and Mr. Donovan told the board the paperwork is complete. The board was given a copy of the restriction. Paul Boyden asked that the deed restriction be mentioned in the COC with the wording 'in perpetuity' added. A partial coe will be issued for DEP #211-0834; a complete coe will be issued when the lawn and plantings are established. The partial coe will allow the buyer to close on the property. 3 Elizabeth told the board 6 Red Maples, 2 White Pines and 10-12 highbush blueberry and sweet pepper bushes have been planted. She would like to wait to see if the plantings survive before a full COC is issued. Jack Smith would like the plantings monitored for a couple of growing seasons. He said the deed restriction should be attached to the COC in perpetuity. Joe Mulkern had concerns about the fence. He thought the fencing was to go totally around the property on the 50 ft. line. Elizabeth told the board she had reviewed the DVD of the September 14, 2009 meeting; the fence was to go along the back and side of the house and end at the back steps with a 10 ft. clearance from the house. Joe would like the fence extended to prevent the area from being used as a back yard. Colin Cauldwell asked if more signs could be installed in this area. Joe suggested more trees be planted to keep the 50 ft. area from becoming lawn. Elizabeth told the board they could amend the conditions if at a iater time they thought it was necessary. Colin made the motion to issue a partial cac for 69 King Street, DEP #211-0834 - plan dated 7/6/2009, based on the work to date and that there be a 2-year planting re-inspection to make sure plants are growing and healthy. The deed restriction is to be recorded and returned to Conservation with the book and page numbers. Carole Matthew seconded. Passed 7-0. Joe Mulkern amended the motion made by Colin; the project can be revisited if the wetlands are not being properly protected. Derek House seconded the amended motion. Passed 7-0. Colin Cauldwell made the motion to issue the cac for DEP #211-0807 as an invalid Order of Conditions: it is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No further work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Derek House seconded. Passed 7-0. Hearing ended at 8:06 pm. 5. Request for Determination of Applicability: Eric & Jennifer Schwartz, 11 Brookside Road - Map 13, Parcel 48. The Request for Determination of Applicability was filed for a 20'x12' deck to replace an existing lO'x12' deck along the back of the house. The new deck will not extend any further behind the house than the existing deck; the new deck will not be any closer to the wetlands. The project will require two (2) 12-inch footings with sonotubes. Eric Schwartz, the homeowner, and Jack Ludvigsen, the contractor for the project, were present. Elizabeth told the board the deck is approximately 64 ft. from the wetlands and a stream that is part of Hodges Brook. She referenced DEP filing #211-454; this filing was for the construction of the home in 1997. She 4 believes there has been more clearing than is allowable. The homeowner has been made aware of this. Elizabeth suggested a few indigenous plantings to protect the brook. No hay bales will be required. Jack Ludvigsen told the board the 2 footing will be dug by hand. The homeowner will plant 8-10 blueberry bushes or anything the board recommends. Colin Cauldwell made the motion to issue a Negative 3 Determination for 11 Brookside Road for the proposed deck, all work beyond the 50 ft. line. Applicant has agreed to plant 8-10 high bush blueberry bushes to re- establish the buffer zone between the wetland area and the lawn; plantings to be inspected by the agent in the spring of 2010. No hay bales will be required. Derek House seconded. Passed 7-0. Hearing ended at 8:15 pm. 6. Request for Determination of Applicability: Carol Sosman & Peter W. Ham, 42 Windchime Drive - Map 35, Parcel 124 The Request for Determination of Applicability (RDA) was filed for an addition to the existing house within the buffer of an isolated wetland area and an ACEC. The project plan includes the addition of a garage with a second floor on the southwest side of the house, extension of the dining room on the northeast side of the house and the replacement of an existing deck with a screened porch and deck, not to exceed the existing deck footprint. The entire house, built in 1980, is within the 100 ft. buffer; because of when the house was built, the house is exempt at the 25 ft. All work will be outside of the 25 ft. area and almost out of the 50 ft. area. Elizabeth told the board that while inspecting the site for the RDA, she issued an Enforcement Order for the removal of cut vegetation thrown into the wetlands and a potential vernal pool. The applicant will remove the vegetation by hand and Elizabeth will inspect the area before any work starts on the project. Elizabeth would like to see staked hay bales added to the silt fence. Paul Boyden asked that the plan, dated October 20, 2009, showing a farmer's porch in the front of the house be updated - on the architectural drawings, dated October 6, 2009, the farmer's porch has been replaced with a portico. The board asked Carol Sosman to initial the plan with the corrections. Derek House made the motion to issue a Negative 3 Determination for 42 Windchime Drive, referencing the plan dated October 20, 2009, updated November 16, 2009, for all the proposed additions that fall within this RDA - a Notice of Intent is not required. Staked hay bales are to be added to the proposed silt fence; applicant is to call Elizabeth when the erosion control has been installed for an inspection; erosion control to remain in place until construction is completed and area has been re-established. The Determination of Applicability is not to be issued and no work is to be started until Elizabeth has inspected the wetlands to clear the Enforcement Order. Carole Matthew seconded. Passed 7-0. Paul Boyden made the motion to ratify the Enforcement Order, issued November 2, 2009, for 42 Windchime Drive. Colin Cauldwell seconded. 5 Passed 7-0. Hearing ended at 8:30 pm. I 7. Notice of Intent: John &Donna Moran, 15 Surbridge Drive- Map 41, Parcel 194. #211-0838 The Notice of Intent was filed for the installation of an 18'x36' in-ground pool with concrete decking. A 4 ft. 6- inch fence will surround the pool. The area is within an Estimated Habitat of Rare Wildlife and an ACEC, the Canoe River. A MESA review has been requested. John Moran, the homeowner, and David Hobaica of Easton Pool and Spa were present. Dave Hobaica read the MESA response letter dated November 13, 2009 - NHESP #6-19718. Based on the review of the information that was provided and the information in the NHESP data base, the project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. The NHESP determined that the project, as currently proposed, would need to be conditioned to avoid a prohibited "take" of state-listed rare species. The letter stated that in-ground pools are a threat to state- listed amphibians, like the Blue-spotted Salamander. The following conditions were recommended by NHESP; elevate the pool apron or edge so the decking around the pool is not flush with the pool apron or edge - the apron should be 3-4 inches higher than the concrete patio to prevent salamanders from getting into the pool or elevate the concrete patio 4-6 inches higher than the existing grade; or build an interlocking wall or a smooth surface wall with no gaps on the back side of the pool along the woods-side of the pool - the wall should be at least 6-inches high. The NHESP also strongly recommends the use of a Frog-log or similar device. Elizabeth told Mr. Hobaica the board would need to see the letter. She said she went out to look at the site. She would like to see the size of the apron because it is an alteration. The delineation of the area is from 2006 - DEP #211-764 - and is not current. There is just one flag on site; she was not able to verify where the wetlands are at this point. The flags should be re-hung. Derek House would like to see a scaled plan with a delineation of the wetlands. He said it looks like the pool is well within the 25 ft. no touch. Colin Cauldwell agreed the board needed to see the wetland line. Carole Matthew Derek House made the motion to continue to December 14, 2009 so a more detailed drawing of the delineation can be submitted and Conservation has the MESA letter. Colin Cauldwell seconded. Passed 7-0. Dave Hobaica will get a more detailed, cleaned up plan. He will e-mail the MESA letter to Elizabeth. Carole Matthew asked about the isolated pocket; was there a vernal pool? She said the map shows 3-4 potential vernal pools on site. Elizabeth will look at the site again for vernal pools. Hearing ended at 8:44 pm. 18. NoticeofIntent: Marcus Marcussen, 25 Keefe StreehMap , Parcel. #211-0839. 6 The Notice of Intent was filed for the proposed construction of a 20'x22' garage within the 100 ft. buffer of bordering vegetated wetlands. The new garage will be put in the location of the existing garage but will be turned 45 degrees for easier access. The area will be filled in and the garage will be built on a slab. Marcus Marcussen, the homeowner, was present. An Enforcement Order was issued in September. Mr. Marcussen had already started the work before the Notice of Intent was filed. Elizabeth recommended double-staked hay bales with silt fence at the limit of work because the wetlands are very close. Joe Mulkern asked her if there was any damage to the wetlands; Elizabeth said she did not notice any damage. Colin Cauldwell would like to see roof drains to dry wells, one on each side of the garage with the drains towards the rear of the property. Derek House told Mr. Marcussen an as built will need to be submitted. The plan submitted with the Notice of Intent shows only the 25 ft. and 100 ft. lines; the 50 ft. line needs to be added along with the locations of the roof drains and dry wells. Mr. Marcussen initialed and dated the plan of record, dated 10/28/2009, with the location of the roof drains and dry wells added. Colin Cauldwell made the motion to approve the plan as drawn for 25 Keefe Street, DEP #211-0839, amended and initialed on November 16, 2009 by Mr. Marcussen showing the roof drains and dry wells, and to issue an Order of Conditions with the following conditions: 2 (two) roof drains and 2 (two) dry wells to be installed towards the rear of the property beyond the 25 ft. line; double-staked hay bales and silt fence to be installed at the limit of work with the hay bales/silt fence to be inspected by the agent before any work begins and remain in place until construction is complete and the area has been stabilized; when the applicant applies for a Certificate of Compliance, an as built must be submitted with the 25, 50 and 100 ft. lines shown on the plan. Jack Smith seconded. Passed 7-0. Hearing ended at 9:08 pm. I 9. Old Business: 166 Dean Street - Map 26, Parcel 117. A letter was sent to the owner on October 5, 2009. Homeowner had cut trees and shrubs within the bordering vegetated wetlands abutting Kingman Pond Dam. Elizabeth is working with the homeowners to restore the wetland vegetation. She suggested an RDA be filed for the replanting. The bridge at Judy's Lane - the bridge has been closed to foot traffic due to the poor condition of the bridge. Oliver Kozlowski, a member of the Planning Board, has spoken to Elizabeth about the bridge; he would like to see the bridge repaired or replaced because it is the only way to access the area. The board discussed ways to fix the bridge, through volunteers and donations. 7 110. New Business: 21 Mill Street - The septic system has failed and is leaching into the wetlands. Homeowner will tie into town sewer. Septic system will be crushed and abandoned. Staked hay bales to be placed at the limit of work during sewer tie-in. A site visit was performed on November 2, 2009. An Emergency Certification was issued November 4, 2009 Derek House made the motion to issue an Emergency Certification for 21 Mill Street due to the failed septic system leaking into the wetlands; the house will tie into town sewer - staked hay bales will be placed at the limit of work during the sewer tie-in. Caroie Matthew seconded. Passed 7-0. Bernie Raftrey of Fairfield Green: requesting a letter stating based on a site inspection by Elizabeth, the site is in compliance with the Order of Conditions (buildings f and G are complete, signage installed and replication plantings are in good shape) and a full Certificate of Compliance can be issued (a full was issued in error before all work was completed; only a partial should have been issued). Elizabeth recommended fencing be installed to prevent any mowing in the replication area. The board can go back and amend the conditions if it becomes necessary to add fencing to protect the replication area. The board still needs snow removal and the landscaper's information. York Conservation Area: A compliant was taken from an abutter concerning the park; kids drinking, fires. Paul and Colin were informed. Also in this area, pines trees have been cut down. Area will be looked at. Michele White will draft a letter to Easton Pool and Spa and all other pool companies working in the Town of Mansfield to inform them the Conservation Department will no longer be relying on GIS to determine if there are any conservation issues on the site. She will also write a letter to be given to each applicant concerning their responsibilities when starting a project. The letter is to remind them to check with all departments - Planning, Zoning, Conservation, Building and the Board of Health. It will also remind the applicant that if any changes to an approved plan are made, they must return to the appropriate department for approval. Elizabeth told the board there will be a MEPA meeting and a site walk on Friday, November 20, 2009, at 2:00, for National Grid. She is unable to make the meeting and asked if anyone from the board could be there. Carole Matthew will go. Elizabeth will contact Chris Cox for more information on the meeting. Elizabeth told the board about proposed changes to the DEP Wetlands Program. Due to budget cuts and the possibility of further reductions, the administration of regulations of the Wetlands Protection Act could become the responsibility of the local Conservation Commissions 8 A letter will be sent to Nick Riccio, Inerim Town Manager, the Board of Selectmen and the Finance Committee regarding an increase in hours for Elizabeth. Carl Nelson - Williams & School Streets: Carl Nelson would like to donate land on School Street in exchange for a zoning change on another parcel of land he would like to farm. 111. Adjournment: Motion to adjourn at 10:00 pm - Cauldwell/Boyden. Passed 7-0. NEXT MEETING DECEMBER 14, 2009 at 7:00 pm. J':7Ea~' ~",m'" Date rd6~ 020/0 9