HomeMy WebLinkAboutCONSERVATIONminutes04132009
CONSERVATION MEETING
APRIL 13, 2009
Present: Joe Mulkern, Chair; Paul Boyden, Vice Chair; Jack Smith; Michele White;
Derek House; Carole Matthew; Michele Grenier, Conservation and Environmental
Planner.
11. Meeting called to order at 7:00 pm.
2. Notice of Intent: Planners Designers Architects, Inc.: 55 Cabot
Boulevard - #211-0826.
Hearing continued from the March 23, 2009 meeting.
Richard Riccio of Field Engineering, the applicant Stephen Archibald of Planners
Designers Architects, Inc., and David Thibault of Tyco Valves & Controls LP were
present.
After locating the original plan for the building, the wetland area has been
determine to be a drainage swale for detention. A revised plan, dated April 8, 2009,
has been submitted, with the wetland area now labeled an existing non-jurisdictional
drainage system and the addition has been moved approximately 80 ft. away from
the drainage swale. An additional area of BVW in the southwest corner of the
property will remain as is. Wetlands to the left of the building are to be left in a
natural state.
Hay bales and silt fence will be placed around the addition to keep any debris from
entering the drainage swale.
Derek wanted to know if there are any plans to clean out or improve the drainage
swale. The applicant will make any repairs necessary and clean out the swale to
make it functional. Michele asked the applicant to provide a maintenance schedule.
Derek made the motion to approve the revised plan, dated April 8, 2009, for 55
Cabot Boulevard and issue an Order of Conditions with the following changes noted;
moving the addition, cleaning out the drainage swale and providing a maintenance
plan for the swale.
Jack seconded.
Passed 6-0
Hearing ended at 7:07 pm.
3. Certificate of Compliance: Charles Sylvia & Glen Christi no, 5 Lakeview
Avenue - #211-0770.
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Charles Sylvia, the homeowner, was present. The house was reconstructed within
the same footprint of the original home with a new foundation and a deck. Mr.
Sylvia also added a dock. (Original plan dated May 22, 2006 with a revision date of
July 18, 2006. An Order of Conditions was issued July 18, 2006. A dock was added
to the plan 10-14-2008 which resulted in an amendment to the Order of Conditions,
referencing the dock). An as built has been submitted dated April 9, 2009.
Michele told the Commission the house as been rebuilt according to plan, the dock is
in and the trees required by Conservation have been planted and the grass is
established. She recommended that the replanted area be monitored for 3 years,
with a report and pictures submitted once a year.
Paul Boyden made the motion to issue a complete Certificate of Compliance for 5
Lakeview Avenue.
Joe Mulkern seconded.
Passed 6-0.
Hearing ended 7:10 pm.
4. Request for Determination of Applicability: Richard Sierra, Jr., 701
North Main Street, Unit A.
Request for Determination of Applicability was filed for the construction of an 11 ft.
by 20 ft. deck within the 100 ft. buffer of bordering vegetated wetlands (on side A).
Alan Brown's son was present, representing the applicant.
The proposed deck is out of the 50 ft. no touch area. Michele recommends a
Determination of Applicability be issued.
The board wanted to know if all conditions have been met by Mr. Brown for this
property. Michele said the signage has been placed (two signs placed on the
corners of the property with an additional two placed equally apart across the chain-
link fence) and the plantings (6 blueberry bushes, spaced evenly along the fence
and 2 red maple trees) will be done this week. The Conservation Restriction has not
been done.
Carole Matthew and Paul Boyden want to see all the conditions met before deciding
on the RDA. The board expressed concern about Unit B wanting to do additional
work.
Derek made the motion to table the RDA for 701 North Main Street until the
conservation restriction has been received and approved and the Certificate of
Compliance has been issued and recorded properly.
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Paul Boyden seconded.
Passed 6-0.
Hearing ended at 7:20
15. Notice of Intent: Jeffrey Horn, 14 Millstone Court - #211-0827.
Notice of Intent was filed for the installation of an above-ground swimming pool
within the 100 ft. buffer of bordering vegetated wetlands and within an ACEC, the
Canoe River. The pool will actually be located where the former owner of the
property also had a pool; no further excavation will be necessary. Wetlands were
delineated by Leanne Bradley.
Michele performed a site walk and the wetland line is correct. The pool is going on
existing grass and is located outside the 50 ft. area. The pool will be approximately
10 ft. of the corner of an existing deck and 59 ft. from the wetland line.
Mr. Horn told the Commission the pool will have a sand filtration system. He was
asked to give information regarding the filtering system. The filtration system is to
be located on the side away from the wetlands to prevent any backwash from
entering the resource area.
Paul Boyden made the motion to accept the plan for an above-ground pool at 14
Millstone Court, plan dated February 26, 1999, with the condition that the filtration
system be placed on the side away from the resource area and that information on
the system be submitted to Conservation.
Joe Mulkern seconded.
Passed 6-0.
There is a potential vernal pool on land abutting 14 Millstone Court. The land is
owned by NRT. The Commission asked that Lenny Flynn be contacted about
certifying the pool.
Hearing ended at 7:30 pm
6. Amended Notice of Intent/Order of Conditions: Alan Brown, 69 King
Street - #211-0807.
Ralph Maloon, RIM Engineering, was present.
An Amended Notice of Intent was filed because the location of the house had been
moved without the approval of the commission.
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The approved home was to be built on the existing footprint. If an alternative to the
submitted plan was found, if the plans changed at all, the applicant was to re-fiIe
under new construction regulations; the applicant would be held to the 50 ft.
instead of the 25 ft. The house was move away from the wetlands, approximately
47 ft. The old foundation was 26 ft. from the wetlands.
Paul Boyden wanted to know how the plans were changed without the board's
knowledge and approval and if the house being moved was better for the property.
Ralph Maloon told the board the building inspector insisted on a new foundation.
After meeting with Nick Riccio, the building inspector, and Alan Brown, the
applicant, it was decided, since the foundation needed to be replaced, that it would
be best to move the house to a better location. The building inspector allowed the
permit to go thru because it had been signed off on by the conservation agent and
because the foundation was going to be the same size as the exiting one, the plan
would not require compensation for the flood plain.
Derek House said when the house was moved, it became a brand new house. The
project did not conform to Mansfield's by-law. The applicant would have been held
to the 50 ft. no touch.
The board was concerned because work was done in the 25 ft. area when the
existing house and foundation were removed. Ralph told the board work was done 3
ft. into the 25 ft. area for the installation of the siltation control.
Carole Matthew would like town council contacted for advice on how to proceed.
Derek House would like to hear from ZBA and Building. He said the project was not
a ZBA issue when the house was being built on the existing foundation; ZBA ruled
the house an existing structure, so a variance was not necessary. Once the plan
changed, it should have gone back to ZBA for a ruling.
Paul Boyden made the motion to table the hearing based on tonight's discussion.
Jack Smith seconded.
Passed 6-0.
Hearing ended at 7:55 pm.
I 7. Old Business:
1.) 23 Riverside Drive - Mr. Lei. The addition has been started. The homeowner
would still like to use the displaced soil from the addition to level out his backyard.
Cabot Pond is in the back of the property. Michele has tried to get in touch with the
homeowner to set up a time and date to perform a site visit.
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2.) Patriots Way - #211-689: A total of 6 signs have been installed: along the
southerly property lines of lots 10 and 11, the easterly lot line of lot 9 and the
frontage of Common Open Space area #3, no less than two signs per lot. The
Certificate of Compliance for the subdivision only, can be issued. The
Commissioners would like pictures taken of the placement of the signage for the file.
Pictures are to be e-mailed out to the board. The vernal pool on lot 10 has been
certified (#4044).
Carole made the motion to issue a Certificate of Compliance for Gourdin Estates,
Red Mill Realty Trust, Mill Street for the subdivision only.
Paul Boyden seconded.
Passed 4-0. Derek House and Michele White abstained.
3.) Maple Street, Map 40 Block 92 - Restoration of Vernal Pool #1968 - Michele has
been in contact with Jimmy Epstein; the restoration of the vernal pool will start this
next week - the contractor is all set. Jimmy Epstein will call Michele to let her know
when the restoration will start. Michele will be on site for the restoration. Carole
Matthew would like to be called when the work starts; she would also like to be
present. All board members will be e-mailed with the information.
Carole reminded the Commission that in 2007 Colin Cauldwell asked to have the
larger vernal pool located in the back of this property certified.
4.) Little League - Otis Street - The board discussed the addendum to the contract.
The board will meet at the Little League field Tuesday April 21st at 4:30 pm for an
inspection of the fields.
5.) Carole asked if everything at Patriots Way, Lot 10, had been restored. Michele
said the trees were planted and the grass has been re-established.
6.) Paul Boyden told the board the repair of Kingman Pond Dam is not completed.
7.) Amendment to 2.5 of the Mansfield By-law: 2.5: The follOWing activities may
be permitted within 25 ft. of a bordering vegetated wetland: the creation of
wetland replacement or mitigation areas, installment of drainage outfalls, grading
work associated with additions to existing single family homes, work on existing
commercial or industrial facilities that have a de minimis impact to the wetland
resource area and it's function and value, the maintenance and construction of
trails, resource improvement projects, such as cleaning of streams or the creation of
park areas. These exceptions will be reviewed on a case by case basis.
Some members of the board would like [wetland resource area] to be changed to
[bordering vegetated wetlands]. They felt the amendment as written could include
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vernal pools if the wording [resource area] is used. The amendment is to be
specific to wetlands area, not all resource areas.
It was decided that town council should be contacted for his opinion.
8.) Derek made the motion to approve the minutes of March 9, 2009 as written.
Paul Boyden seconded.
Passed 5-0 - Jack Smith abstained.
Paul Boyden made the motion to approve the minutes of March 23, 2009 as written.
Derek seconded.
Passed 5-0 - Michele White abstained.
9.) The board inquired about Medline on Forbes Boulevard - Michele has been out
to the site. Siltation control is in place and everything looks good.
10.) Carole asked about Bird Road, site of the future tower for the proposed sub-
station for the Electric Department; she wanted to be sure the applicant is staying
100 ft. away from the Priority and Estimated Habitats on the property.
Is. Adjournment:
Paul Boyden made the motion to adjourn at 8:50 pm
Derek House seconded the motion.
Passed 6-0.
Next meeting will be April 27, 2009.
~airman
10-/9-01'
Date
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