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HomeMy WebLinkAboutConservation Comm. 10/24/2022Town of Mansfield Conservation Minutes of October 24, 2022 1. Open Meeting at 6:07 pm. RECEIVED FOINN CLERKS OFFICE 2. Request for Determination of Applicability: Christopher and Genna Marie MurZIZ pfiy, Fre ic'4 II' 3 Lane, Map040, Parcel 233 1"JA jSFIELD r t,,.A, USFTTS Mr. Healey open the hearing of Christopher and Genna Marie Murphy, 22 Fredric Lane, Map 040Parce 233 for the removal of three (3) trees to install a new in -ground pool with patio apron. The existing patio adjacent to the house will be replaced with a deck and a new patio to be constructed adjacent to new deck within 100 feet of a Bordering Vegetated. Homeowner Christopher Murphy was present. Ms. Gonyer said this is an RDA for the installation of a 14" x 28" in -ground pool with a 46-foot wide apron located on a previously developed lawn area. Three mature hardwood trees will need to be removed to install the pool. The pool and associated apron are located approximately 60 feet away from the Bordering Vegetated Wetland. Included in this project is the removal of an existing patio, located along the house line to be replaced with a 16' x24' deck. An additional 12' x 18' patio is proposed adjacent to the new deck. Ms. Gonyer said there is a lawn area up to the 25-foot area where the proposed fence is to be located and she would like to see three (3) Maple saplings planted in the area between the 25-foot and the lawn area with this area allowed to naturalize. There were no virtual or audience comments. Board Comments: Mr. Gallagher asked about the type of fencing that would be installed. Mr. Murphy said there would be a separate fence around the pool and said there is a PVC fence in the front now but there will be a chain link fence on the property line. Ms. Gonyer recommended a Negative Determination be issued for Reason #3. Dr. Paten made the motion to issue a Negative Determination for reason #3, no work will impact the resource area, to Christopher and Genna Marie Murphy, 22 Fredric Lane, Map 040, Parcel 233, for the removal of three (3) trees to install a new -in -ground pool with patio apron and the existing patio adjacent to the house to be replaced with a deck and a new patio constructed adjacent to the new deck within 100 feet of a Bordering Vegetated Wetland with the following Special Conditions: • Erosion control is to be installed as shown on the plan and maintained throughout the entire project until all disturbed areas have been stabilized. • The Agent must inspect erosion control. • Agent shall be notified of the start of work. • Designate a location for dumping of lawn clippings, to be approved by Agent, outside the 25- foot No Disturb Zone. • Remove all lawn debris including leaves, twigs, branches, etc. from the 25-foot No Disturb Zone and within the resource area. Discontinue all dumping within the 25-foot No Disturb Zone. • Three saplings shall be planted on the property including the lawn section in the 25-No Disturb Zone. • All Construction Notes on the Plan of Record are to be included as conditions (including all pool standard conditions). • Excavated material is to be removed from the site the same day as excavation occurs. • Stockpiling of any material is to be located in the front yard near the driveway. • Pool O&M Conditions: 1. All new in -ground pools shall use a cartridge filtration system or a filtration system where all backwash is directed into a drywell on the same property. 2. At no point shall pool backwash be discharged into a wetland resources area. 3. All pool water is to be de -chlorinated before it is drained from the pool. All drained water is to be drained over the land/lawn of the same property. 4. Frog Logs or a similar product are to be used in the pool. Mr. Gallagher seconded the motion. Motion passed 5-0-0 at 6:21 pm. 3. Request for Determination of Applicability: Barun Biswas, 20 Perkins Avenue, Map 018, Parcel 020. Mr. Healey opened the hearing for Barun Biswas, 20 Perkins Avenue, Map 018, Parcel 020, for the removal of an existing deck, and construction of a sunroom with a new deck within 100 feet of Bordering Vegetated Wetland. Homeowner Barun Biswas was present. Ms. Gonyer said this RDA is for the removal of an existing 12' x 14' deck, to be replaced with a 14' x 22' sunroom with a new 12' x14' deck next to the sunroom. The deck/sunroom will be on pilings. The expansion of the sunroom and deck will be over an existing garden area and all work is within the lawn area. She said she verified the wetland in the field but noted there is a substantial break in slope after a narrow strip of lawn area; this low point is still upland with another break at the boundary of the Bordering Vegetated Wetland. She said the limit of the yard runs along the 25-foot buffer from the wetland. Erosion control will be located within the lawn area. Ms. Gonyer said because there are slopes close to the lawn edge, any roof runoff from the sunroom should be directed to a Cultec drywell, to be located at a higher location on the property. The staging area would be from the driveway in the front left of the property. She mentioned the footprint of the sunroom will be within the deck area. She recommended a Negative Determination for Reason #3. Board Comments: Mr. Gallagher asked if any shrubs would be removed. Mr. Biswas said no. Mr. Gallagher asked if there would be any work within the 25-foot area. Ms. Gonyer said the distance from the work would be 30 feet. She said the Commission would have to make sure there is no work within the 25-foot area. She said she would re -verify the 25-foot line. Mr, Gallagher said an as built plan would have to be submitted. He said the wetland should be located. The limit of work would be outside the 25-foot area. Ms. Gonyer recommended a Negative Determination be issued for Reason #3. Mr. Gallagher made the motion to issue a Negative Determination for reason #3, no work will impact the resource areas, to Barun Biswas, 20 Perkins Avenue, Map 018, Parcel 020, for the removal of an existing 12' x 14' deck and construction of a 14' x 22' sunroom with a new 12' x 14' deck within 100 feet of Bordering Vegetated Wetland with the following Special Conditions: • Erosion control is to be installed as shown on the plan and maintained throughout the entire project until all disturbed areas have been stabilized. • The Agent must inspect the erosion control. • The Agent shall be notified of the start of work. • Work staged from the driveway. • Roof runoff to gutters, downspouts and/or small drywell or equivalent. • Plant 4-5 small shrubs along the lawn line and the first slope to help protect against erosion. This area should be left to naturalize. • Homeowner must provide an as built plan when work is completed. Dr. Roth seconded the motion. Motion passed 5-0-0 at 6:41 pm. 4. Notice of Intent: Michael Bonin and Jerry Perreault, 44 Oak Street, Map 015, Parcel 032. DEP SE 211-0999. Mr. Healey open the hearing for Michael Bonin and Jerry Perreault, 44 Oak Street, Map 015, Parcel 032, under DEP SE 211-0999. Homeowners Michael Bonin and Jerry Perreault were present. Mr. Bonin said they want to install a pre -cast 9' x 11' pool. He said the pool is outside the 100-foot buffer but there is a small portion of the paver patio within the Riverfront Area. Mr. Healey said they are within the 25-foot No Touch Zone and Mr. Gallagher noted the whole house is within the Riparian Zone of the Riverfront Area. Mr. Bonin said this is the only place the pool can possibly go on the property. Ms. Gonyer said she is not so concerned about the Riverfront Area of the Hodges Brook but said the more critical situation here would be the Bordering Vegetated Wetland. She noted there is a stockade fence in the back of the property and there is not much room between the back of the fence and the wetland; she said there is a steep slope at the fence line down to the wetland area. She said there is work proposed in the 25-foot area including drainage and the pool apron. She noted there are exemptions for re -grading within the 25-foot area but not for structures associated with a single- family house lot. She said the proposed pool is at 25 feet so the issue is mainly with the pool apron and de -watering would also be an issue; she noted there is a 20-foot setback from the septic system and a 10- foot set back from any structures. She said the project cannot be approved under the by-law as designed and the applicants would need a variance for approval. She said she would be meeting with RIM Engineering and the homeowners to work through the issues with the project. Mr. Bonin said this will be a saltwater pool. He asked if the issues are with the pool, the apron and drainage. Mr. Healey said yes, including the fence. He said they could pull the fence back and let the area behind the fence naturized. Ms. Gonyer said the hearing should be continued. Mr. Healey and Dr. Roth will do a site visit. There were on virtual or audience comments. Dr. Roth made the motion to continue the hearing for Michael Bonin and Jerry Perreault, 44 Oak Street, DEP SE 211-0999, to November 28, 2022. Ms. Joynes seconded the motion. Motion passed 5-0-0 at 7:07 pm. S. Notice of Intent: Mohammed Abdullah, 0 Allen Avenue, Map 021, Parcel 391. DEP SE 211-0998. Mr. Healey opened the hearing for Mohammed Abdullah for the construction of a single-family dwelling with a two -car garage and minimal clearing within the 200-foot Riverfront Area of the Rumford River at 0 Allen Avenue. Additional work will be within the 100- and 200-foot Riparian Zones and the 100-year Flood Plain. Mr. Gallagher made the motion to continue the hearing for Mohammed Abdullah, 0 Allen Avenue to November 28, 2022. Ms. Joynes seconded the motion. Motion passed 5-0-0 at 7:07 pm. 6. New Business: • Conservation Updates: The Commission was given the fee schedules for Mansfield and other towns along with the state fees for review. Ms. Gonyer noted the fees have not been changed in a long time. She said the Commission can change the fees without going to Town Meeting. The Commission would vote on the proposed fee schedule at the next meeting and be submitted to the Select Board for approval. 0 Guided site visits with the Commissioners or in-house appointments: Ms. Gonyer asked if the Commission would like to start doing site walks. She said the Commissioners can visit the sites together or individually. • Trail Steward A workshop will be held Thursday, October 2711 at Town Hall for anyone interested in volunteering. Ms. Gonyer has been working with the town's GIS coordinator, Chris Slinko, and all the trails have now been GPS'd and new trail maps are being done. Ms. Gonyer said she has applied for a grant for new kiosks and trail markers. Ms. Gonyer attend the MACC fall conference. Adjourn: Motion to adjourn at 7:16 pm (Gallagher/Paten). Passed 5-0-0. Next meeting will be November 28, 2022 at 6:00 pm. / 5 ��ti 12-I1--22 Michael Healey, Chair Date