HomeMy WebLinkAboutConservation Comm. 04/29/2024Town of Mansfield 10, oft
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RECEIVED
Conservation COMM'ssran OFFICE
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Ms.
Not
ea ey, Chair, WKOMI mi ac ona r anon o E; aron a ag er an
mservation and Environmental Planner
O'Hara, and Mr. Jonathan Hedlund
uuesxs: ivir. i im Huoott, Mr. Paul Jodice, Mr. Kevin Boyden, Mr. Craig Cygawnoski, RIM Engineering
Minutes: Sharon Varricchione
1. Call the Meeting to Order: Mr. Michael Healey, Chair, called the meeting to order at 6:06pm.
2. Request for Determination of Applicability (RDA), Amy Garrabrant, 534 East Street (Map 31 Parcel 20) for the
construction of a three -season deck within 100 feet of a Bordering Vegetated Wetland..'
Ms. GonyeY stated that she a.,.... -A,-A ...ai, +� a ...,......:- tw......... Tk; a i. «: ci._.. c.....
12'x16' three -season deck o
confirmed that the deck wo
in the front of the house.M
this would be a condition. Iv
Ms. Gonyer stated they can
advise that the erosion cont
Motion: To issue a Negative
the regulations and Bylaw, h
East Street (Map 31 Parcel 2
Vegetated Wetland with the
• (2) PLAN OF RI
• (3) LIMIT OF U
• (6) ROOF RUN,
• (8) START WOI
• (12) CDC WITF
• (24) DUMPINC
* Excavated soil
• Schedule a ime
Passes: 4:0 (Roth /MacDon2
3. Notice of Intent (NOI) DEP
the construction of an addit
(BVW). Variance Requestifrs
portion of the addition with
I could be removed.
etermination for Reason #3 (work described is within the Buffer Zone, as defined in
will not alter an Area subject to jurisdiction under the Act to Amy Garrabrant, 534
for the construction of a three -season deck within 100 feet of a Bordering
)Ilowing special conditions:.
ORD
RK
F -the roof runoff from addition shall be directed in a drywell orequivalent*
NOTIFICATION.'
S-BUILT
IF LAWN CLIPPINGS IS PROHIBITED
o be stored in the front
ine uii#h 4hc Faun# n# #hc onrl of #hauinr4
a
Ms) Katelyn stated that there was an issue with the abutter notifications so this would be moved to the next
hearing, Katelyn met with Mr. Craig Cygawnoski regarding the variance and what could be adjusted before the
next hearing.
4. Motion: To issue a motion to continue James IV & Stephanie Parker's NOI application, 10 Dane Street, to the
June 1011 hearing for the construction of an addition to a single-family house within 100 feet of the Bordering
Vegetated Wetland (BVW).
Passes: 4:0 (MacDonald /Gallagher)
S. Request for Determination of Applicability (RDA) Kevin Boyden, 41 Lakeview Ave. (Map 004 Parcel 043) to
determine if the Installation and continued use of a hydraulic jet thruster (Aqua Thruster) within the shallow waters of
Greenwood Lake is a jurisdiction activity under the Massachusetts Wetlands Protection Act, General taws, Chapter'
131, Section 40 (as amended), and the Mansfield Wetland Protection By-law.
Ms. Gonyer stated the applicant did not deliver a copy of the application to the abutter/owner of the property
at 41 Lakeview Ave and therefore the RDA application needed to be withdrawn. She stated that Mr. Boyden, the
applicant from 37 Lakeview Ave, can refile with a new RDA if he chooses to and that he would need to notify the
owner/abutter.
Mr. Boyden stated that he previously asked what the requirements were, that it was advertised in the paper and
that he spoke to the Conservation Planner and he filled out the application. Ms. Gonyer shared his application
with him showing the area that stated that the abutters must be notified and his signature stating that this had
been done but it was not.
Motion: To withdraw the application for the RDA at 41 Lakeview Ave., Kevin Boyden
Passes: 4:0 (MacDonald /Gallagher)
5 Notice of Intent (NOI) DEP SE 211-1012 Igor & Faina Schwartz, 43 Lakeview Ave (Map 4, Parcel 52) Proposed
work includes the removal of a portion of the house with a new addition to be constructed within a FEMA Flood'
Zone and within 100 feet of an Inland Bank of Greenwood Lake.
Mr
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was but of their jurisdiction and suggest
Motion: To issue an Order of Condition.
removal of a portion of the house with a
feet of an Inland Bank of Greenwood
roof
i of
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ial
�r recommended that
also the limit of the
ting shed as shown on
ny design questions for
:e sun exposure and
issues. Mr. Gallagher
> the tree, Ms. Gonyer
some plantings along
Ir. Healy said that it
er.
ap 4, Parcel 52) for the
god Zone and within 100
Special Conditions (see
Additional Special Condition List)
1, RECORD ORDER
2. PLAN OF RECORD
3. LIMIT OF WORK
4. ADDITIONAL MITIGATION
5. STABILIZATION
6, ROOF RUNOFF
7. CONSTRUCTION SEQUENCE
8. ` START WORK NOTIFICATION.
9. ' PRE -CONSTRUCTION MEETING
10.+ DOC ON -SITE
11. CDC WITH AS -BUILT.
12. REVISIONS TO BE REVIEWED
13.NO SYNTHETIC CHEMICALS
14. DUMPING OF LAWN CLIPPINGS IS PROHIBITED
Additional Special conditions:
• Trees along inland bank are not to be clear-cut. Applicant must meet with Agent to determine if selective
clearing is necessary in this area to preserve the integrity of the existing retaining wall.
• 30"flak near existing shed to remain if possible, Agent to review onsite with contractor
• 5-foot stripof existing lawn located along top of bank (top of retaining wall) to be planted with low growing
native plantings and/or conservation seed mix. Agent to meet onsite to determine area.
Passes: 4:0 (Gallagher /MacDonald)
6 Administrative items:
Correspondence
o Ms. Kathleen Burke, 31 Lakeview Ave., spoke regarding her abutters (27 Lakeview Ave) and the installation
of a second dock along the property line that now causes issues when she is docking her boat at her dock only
a few feet away from 27 Lakeview Ave's second dock. Ms. Gonyer stated that the Commission does nothave
a policy that limits how many seasonal (temporary) docks homeowners may Install per residence and we do
not require state filings for these seasonal structures. The Chair and Ms. Gonyer discussed how they could
look into Chapter91 to see if it applies. This could be a big deal as it may require all structures below Mean
Highwater within the lake to have a dock license. If the docks have pilings that are driven into the Land Under
the Water, then the that would be in Conservation jurisdiction. If the posts on a seasonal dock are on wheels
and are then rolled out on top of the bottom of the lake, the Commission does not have jurisdiction. The Chair
also mentioned that in Chapter 91, he read that if you do install a dock, either seasonal or permanent, then
you cannot impede others access to their dock or land. He then mentioned that they recognized Ms. Burkes
concern and that they would need to do more homework and reach out to the State/DEP. Ms. Gonyer stated
they could also come up with their own dock policy to use as a guidance to avoid future issues going forward
and if needed RDAs could be requested. The Chair mentioned creating a by-law as one of the options. Ms.
Burke thanked the Commission for any help that they could provide towards the dock being moved over away
from the property line ( at least 7 feet) per her letter.
o Resident Ms. Denise O'Conner added that with Ms. Burke's;neighbors two docks is basically a courted off
swimming area which takes away lake use away from others because of these very long docks. Ms. Gonyer
thanked her and said they can look into this situation and then look into drafting a dock policy.
o Mr. Ron Quintilliani, 41 Lakeview Ave, stated the Greenwood(aka Bungay Lake) Lake Association had spent
money to help and try to keep lake healthy and the Association has gathered information from experts and
they have really changed the health of this lake. Ms, Gonyer mentioned she would reach out to the Lake
Association to see what their policies are and to help clarify all of this. He said that they all need to work
together. He then mentioned the Lake Association's Annual Meeting is held in April and the next one r
would be in 2025 Ms. Gonyer stated they will start working on their end to help with the dock situation
including setbacks.
o Mr. Carl Susinger, 47 Lakeview Ave, clarified that the hydraulics used in the water is only 12 inches that just
moves water around. Ms. Gonyer said they closed that hearing and could not discuss it further and will be
following up with it.
Conservation Updates
0 5/13/24 Open Space & Recreation Committee (OSRC) Public Workshop —
The purpose of the SPREDD OSRC open house workshop was to give an open space presentation,
try get feedback from residents, and answer any questions. The feedback would then be
incorporated into an action plan and submitted to the DCR within a few months.
o Stormwater Operation & Maintenance Discussion— Ms. Gonyer stated she had a;productive meeting with
DPW and now has a response plan on how respond tackle storm water issue calls when they are reported
by residents or the Town. They will be working with DPW going forward.
o The next Conservation Commission meeting is 6/10/24 at 6pm.
o The Trail Map Signs are underway and will be going up hopefully in June.
o Turtle Crossing Signs— Mr. Roth saw these signs. Ms. Gonyer stated that she is trained in moving turtles,
she has gotten calls to move them and that it will be more challenging when the turtles hatch. Mr.
MacDonald stated that there was a lot of work going on right now in the William Street area where turtles
can be found. Ms Gonyer agreed and mentioned she is working with DPW to help get turtle crossing signs
up to get the awareness out there.
o March 2024 minutes for review and approval
Motion: To approve the March 2024 minutes.
Passes4:0 (Roth/Gallagher)
7 Adjournment: e
Motion: To close the meeting at 7:28pm,
Passes: 4:0 (MacDonald/Gallagher);
26
Date