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HomeMy WebLinkAboutCONSERVATION 10152012 RECEIVED Town of Mansfield 1-0W 1 CLERKS S OFFICE Conservation Minutes October 15,2012 no MAR I cl P 2: 48 Present: Joseph Mulkern, Chairman; Colin Cauldwell; Paul Boyden; Jatk i igh";Ipsp r le Matthew; Michael Healey;Elizabeth Leidhold,Conservation and Environmenta tVi p ..:,gym �"fIUSEtf Ir1? Request for Certifica}te of Compl ance XMelissa,lliasiff Almeida,4'Keli Lane DEP'2111,0578 ' '�A`�� ,. 5_.... ., �� �'..:,�" om:}�yfF s'. Mr. Almeida is requesting a release of a Partial Certificate of Compliance to a full Certificate of Compliance. A partial was issued on November 25, 1998 because the final stabilization of the lawn was not completed;the lawn was completed in the spring of 1999. A representative was not present. Mr. Boyden made the motion to continue the hearing for 4 Keli Lane until November 19, 2012. Mr. Cauldwell seconded the motion. Motion passed 6-0-0. 4:' Request�forrDetermination ofA �rx ppbcabkihty Mark) Cook,420 424'Gilbert°Stree ;Map 7, Parcels 18,81 r{ r 3' a '�,r 4 7P., �M,ik .N i ka 5 3 ? 0 3 xi t Vf y T ' The Request for Determination of Applicability (RDA) was filed for the installation of a driveway, overhead and underground utilities to construct a single-family house within the 100-foot buffer of bordering vegetated wetlands. The property is within an Estimated and Priority Habitat of Rare Wildlife.The filing is to verify that no work is within 100 feet of wetlands as delineated at the site. Mark Cook was present. Mr. Cook explained the property is approximately 10.10 acres and the project consist of the installation of black top driveway,overhead and underground utilities as needed for the construction of a single-family home. There is an existing, man-made pond on site that is spring fed. The wetland line, as shown on the plan, was flagged by Walter Hewitson on September 8, 2012 and Elizabeth has reviewed the delineation. The property is within an Estimated Habitat of Rare Wildlife as indicated on NHESP maps and based on a review of the information, the project as currently proposed, will not result in a prohibited `take" of state-listed rare species (letter dated September 4, 2012-NHESP File No: 12-31299). The resource area is the Wading River and the property line is the centerline of the Wading River. If any work is found to be within 100 feet of the resource area, erosion and sedimentation controls, including straw wattles, will be installed upslope of all vegetative areas. The disposal of any material into wetlands, streams or other water resource areas will not be permitted and all care will be taken to prevent any adverse impacts to the resource area. 1 DEP had no comments. Elizabeth recommended a Negative 2 Determination because Mr. Cook is only asking for the verification of the wetland line and the entire project is outside the 100-foot"no touch"area Mr. Cauldwell made the motion to issue a Negative 2 Determination for 420-424 Gilbert Street, Map 7, Parcels 18&81. Mr. Healey seconded the motion. Motion passed 5-0-1. Plan of Record "Sewage Disposal System, 424 Gilbert Street", dated 9-10-12, revised 9-10-12, prepared and stamped by.Michael A.Trowbridge, P.L.S., Hutchins-Trowbridge Associates, Inc. ! 3� After-the'Fact Request'for Determination of Applicability Town'.of Mansfield West Street „Bridgeover the Rumford River,Map 26 within the town Right-of Way The After-the-Fact Request for Determination of Applicability (RDA) was filed for the emergency repairs to the West Street Bridge over the Rumford Rivera The work was done from the south side of the gutter line to the parapet, approximately 750 feet westerly from the intersection of North and West Street. The hole in the bridge created a hazard to automobile traffic and allowed runoff to flow directly into Rumford Rivera Mr. Richard Alves,Town Engineer,was present. Mr.Alves told the Commission Mass Highway does bridge inspections every two years. An inspection of the West Street bridge took place on May 3, 2012 and a Structures Inspection Field Report was issued with recommendations to resolve the problems on the bridge. He said the bridge was built in 1914. Mr.Alves explained the repairs were completed under the Emergency Certification issued October 3, 2012. The majority of the work was done from the roadway surface,involving saw cutting pavement, jack hammering concrete decking, setting rebar, forming and pouring the mix. Prior to the start of work,a tarp was placed under the bridge to prevent debris from falling into the Rumford River. Mr. Alves said, in order to do the work,DPW removed two of the uppermost stop logs of the Fulton Pond Dam 48 hours prior to the start of work to temporarily slow the water flowing under the bridge, allowing, S & L Construction to perform the work in the dry. Mr. Alves said the southside sidewalk was also repaired. Mr.Alves told the Commission there will be no change in pre-and post-conditions at this site and no materials will be allowed to be deposited into resource areas and all care taken to prevent any adverse impacts to the resource area All excavated materials will be disposed of appropriately off- site. 2 Mr.Alves said there were no comments from DEP. He said the footings for the bridge will require additional work at a later time and the work will fall under the Notice of Intent to be filed for maintenance work throughout the town. Mr. Cauldwell made the motion to ratify the Emergency Certification for the repair of the town bridge over the Rumford River on West Street, as shown on the plan, "Emergency Repairs- West Street Bridge Assessors Map 26 in Mansfield, MA", dated October 1,2012. Mr.Smith seconded the motion. Motion passed 6-0-0. Mr. Cauldwell made the motion to accept the RDA filed for the West Street bridge repairs and issue a Negative 2 Determination. Mr.Smith seconded the motion. Motion passed 6-0-0. 4 After the-Fact Request for Determination,of Applicability Charlotte Kreutzer X70 72�High . f� tit a ¢ xa t tat e 3 m u ' ' r Street,Mapz23,Parcel 170. V t , a F x . A,r .Q t �, This is an after-the-fact filing for work done without a building permit or conservation filing. The work included the removal and replacement of a deck with new joists and footings within the 100- foot buffer of bordering vegetated wetlands,the 200-foot riverfront area and a flood zone. Christopher Todd,the contractor doing the work,was present. Mr. Todd explained he was hired to replace some floor boards on an existing deck and while repairing the deck, he discovered the sill on the house was rotted and removed the deck to make the repairs to the house. The deck was replaced with pressure-treated decking. Elizabeth told the Commission the work was done within 10 feet of the river bank. Elizabeth said an RDA was filed in November 2009 to remove vegetation, with a Positive Determination and the applicant was asked to file a Notice of Intent. Elizabeth told the Commission this was never done. She said a tree was recently removed as part of the replacement of the head wall by the town. The Commission asked that Elizabeth take a look at the property to determine if additional vegetation has been removed. Mr. Healey said there is a diverter coming off the roof drain with the flow going towards the bank. He said the flow should be re-directed away from the bank. Mr. Cauldwell suggested roll-out socks be put on the end of the downspouts. Mr. Cauldwell made the motion to issue a Negative 3 Determination for the replacement of an existing deck within the 100-foot buffer of bordering vegetated wetlands, the 200-foot riverfront area and a flood zone at 70-72 High Street with the following conditions: a roll-back diffuser is to be installed on the roof drain nearest the river bank to replace an existing cement drainage trough which is discharging directly to the river. Mr. Healey seconded the motion. Motion passed 6-0-0. (Th Plan—Hand-drawn diagram on GIS downloaded on September 25, 2012. 3 K5. Request,for Determination ofiApplicability t Michael Lindley,1090e East.Street,Map*7,Parcel to g. The Request for Determination of Applicability(RDA),was filed to convert an existing screen porch to a dining room within the 100-foot buffer of bordering vegetated wetlands and an ACEC. The property is also within an Estimated and Priority Habitat,of Rare Wildlife but the work is exempt because the project is proposed on the existing lawn. Michael Lindley,the homeowner,was present. Mr. Lindley told the board three sonotube footings will be dug for structural support for the dining room addition, approximately 70 feet from a bordering vegetated wetland. The footings will be hand-dug and all excavated material will be disposed of off-site or away from the wetland areas. Elizabeth has no issues with the project and recommends a Negative 3 Determination be issued. Mr. Cauldwell made the motion to issue a Negative 3 Determination for 1090 East Street, Map 47, Parcel 63 to convert an existing screen porch to a dining area with the following conditions: footings are to be dug by hand and all excavated material is to be disposed of off-site or away from the wetland areas. Mr. Boyden seconded the motion. Motion passed 6-0-0. Plan "Modified plan with GIS image showing proposed location of three footings" — received September 26,2012. 6 Notice of Intenta,RobinFDevine,x119 York Road, Map;2,Parcel 204. DEP 211 0893 s€T,f nr 11,7 The Notice of Intent was filed for the installation of an in-ground pool, apron, patio, 12'x18' pool house, retaining wall, fence, gates, raised fire pit area and related grading within the 100 ft. buffer zone and within the 200 ft outer riparian zone,Wading River,and flood zone. David Hobaica of Easton Pool and Spa and Robin and Tim Devine were present. Mr. Hobaica told the Commission there are no feasible options that will put the pool in an area that will cause less impact because the entire backyard is within the buffer zone. The resource areas were flagged by RIM Engineering,Co.. DEP Comments: An Alternatives Analysis is supposed to be performed for all projects in a riverfront area. When was the batting cage built? Elizabeth said the standard for delineating the 200-foot riverfront is to flag the Mean Annual High Water. She recommended this be done so the 200-foot can be accurately located. She told the Commission the project is within a surface water protection district and within the riverfront area to the Wading River. 4 Elizabeth said a lot of debris has been disposed of in the wetland area. Mr. Hobaica said if the application is approved,the homeowner will remove some trees and clean out the wetlands. Mr. Healey was concerned with the elevations on the property and the amount of material that would have to be removed. He asked if the excavated material will be stockpiled on site. Mr. Hobaica said it will be removed to an off-site location. Elizabeth asked why the pool is located so far back in the yard and if it could be moved to the side farther away from the wetlands. Mr. Hobaica said the pool can be moved 4 or 5 feet toward the house but the pool has to be a minimum of 10 feet from the foundation and deck. Mr. Mulkern said if the orientation of the pool were changed,the pool would be out of the 200-foot riparian zone. Mr. Devine was asked about the batting cage. He said it has been there for 6 or 7 years. He told the Commission he would relocate it. Elizabeth said the river is located down the slope in back of the cage and there is a significant amount of debris going down the slope. Mr. Boyden said the cage is a violation of the 25-foot rule. Mr. Cauldwell said it is also a violation of the 200-foot Riverfront Act and the Wetland Protection Act and he would like the batting cage removed from the 25-foot area. He said he would like an aerial photo history to determine when the batting cage was actually built and an Alternative Analysis with different scenarios and a narrative explaining why it is not feasible to do the project any other way but as presented tonight. Mr. Hobaica told the Commission there is a berm separating the properties of 119 and 123 York Road. He said the Devines have met with the abutter at 123 York Road, Brenda Dingle. She showed photographs of both properties and asked that the project be moved to the south side of the property, away from the property line which runs across the berm. Ms. Dingle said if the project is allowed as shown on the plan, the grade will be taken down from 152-153 in the front to 148. She is concerned she will lose the trees on her side of the berm as well as the trees of top of the berm. She told the Commission the high water mark is at the berm which drops off about 7 feet to the backyard at 119 York Road. She said if she loses the tree line or the ground water changes, her property will be affected, with more of her property becoming wetlands. She said she wants the Devines to enjoy their property but would like the pool moved away from this area, the berm to be left intact and as many trees as possible kept. Mr. Hobaica said he will submit a new plan with more detail and will change the orientation of the pool. Mr. Cauldwell made the motion to continue the hearing for a Notice of Intent, DEP #211-0893, 119 York Road to November 19, 2012 with the submittal of the following information: an Alternative Analysis is to be done; the batting cage is to be removed from the 25-foot"no touch" area;show the pool parallel to the house, not perpendicular as planned and closer to the house; remove the debris from the 25-foot area; find the Mean High Water (MAHW) mark and calculate the 200-foot setback from the MAHW of the riverfront; add a cross section of the berm to the plan. Mr. Boyden seconded the motion. Motion passed 6-0-0. 5 7 Request for`Certificate of Compliance`" Deana DeSilva,3 Kybren Circle}D R#211`0881 '" } r.. ...� 1.AY`a�m tt"sw� `-.:*�,��;ty r rim,��S' Elizabeth told the board the signs at the limit of work have not been installed. David Hobaica, Easton. Pool and Spa, asked if the sign posts are to be installed in cement. Elizabeth said they are to be permanent metal signs with concrete footings, installed at 25-foot intervals along the 25-foot"no touch" line. Mr. Cauldwell made the motion to continue the hearing for 3 Kybren Circle to November 19, 2012. Mr.Smith seconded the motion. Motion passed 6-0-0. Y 5 �A tr )'i 5 i xis - `: 8. E Request for Determination of Applicability: :Paul andDenise 1Mahon`ey,6 Winslow Way,LMap ° Parcel 36 and 38 x The Request for Determination of Applicability (RDA) was filed in June 2012 for the removal of overgrown brush, replanting the area with bushes and flowers and the installation of an above- ground pool within 100 feet of a stream. Elizabeth told the board she has had no communication with the homeowners since June. She asked if the Commission wanted to act on this to get it off the agenda. She said a Positive Determination can be issued without prejudice, requiring the applicant to file a Notice of Intent. Mr. Boyden asked that the hearing be continued and suggested Elizabeth do a site visit and take pictures of the property. Mr. Healey said he would go with her. Mr. Cauldwell made the motion to continue the hearing to November 19, 2012. Mr. Healey seconded the motion passed 6-0-0. 9.: Agent's No"tes On October 1, 202, Elizabeth was contacted by Lee Day, the Assistant Building Inspector, about the properties at 1176 and 1180 East Street. While doing an inspection in the area, Mr. Day notice grading and filing of wetlands had been done on the properties. Mike Healey went out with Mr.Day and photos were taken of the unpermitted activity. Karen and Anthony Pace, 1180 East Street: Mrs. Pace said they removed weeds, brush and poison ivy off the hill. They have placed silt fence at the bottom of the hill with hay bales placed at the start of the slope. Bryan Haynes,1176 East Street: Mr. Haynes is selling the house and wanted to clean up the area and plant grass. Mr. Healey told Mr. Haynes and Mr. and Mrs. Pace one of the indicators of wetlands is the vegetation. He said the wetland line cannot be determined because the vegetation has been 6 removed. The homeowners will have to hire an engineering firm to find the hydric soils to determine the wetland line. Mr. Cauldwell said the board needs to know where the wetland line and the 25-foot"no touch"areas are located to determine where the disturbances are in relation to the wetlands. He suggested the homeowners submit a plan with this information. Enforcement Orders will be issued to the homeowners, requesting that an After-the-Fact Notice of Intent be filed for the restoration of the wetland areas. A list of engineers will be sent to the homeowners. Daniel Baublis, 20 Jason Lane: Received a letter from Mr. Baublis; he will proceed with the requirements of the Enforcement Order. He will need a list of engineers and will submit a Notice of Intent with a restoration plan. Mr. Cauldwell said the sub-division plans for Jason Lane show a drainage swale with a headwall that continues into the swamp. He talked with Richard Alves, Town Engineer,about the dog kennel that has been placed the swamp. Mr. Alves said he would not recommend putting the kennel in the drainage swale because the swale discharges directly into the wetland. Mr.Cauldwell said under the new storm water regulations, it is required that each outfall be tested. Mr. Alves will submit a letter discussing his conversation with Mr. Cauldwell. Scott Goddard of Goddard Consulting submitted Requests for Determination of Applicability for 335 and 375 Gilbert Street on behalf of Mark Perron of T& M Realty Corporation. Mr. Goddard missed the submittal date for the October 15, 2012 meeting and was informed he would have to be on the November 19, 2012 agenda. Because the legal deadline for holding a public hearing within 21 days of submittal could not be met, Mr. Goddard asked that a special meeting be held. The board will hold the special meeting on November 5,2012 at 1:00 pm. £)ys; �. y r A':.y p``'dh�'''v' r,�"e�"I "'7'��1,4*T ;"f-'`n✓ s ii'1598`6 S.h1 Sea v t x`z.${` ' �r a k a 4 r art J - z Hunting issues on Sweets Pond Conservation Area— is target shooting with a rifle allowable on Conservation Land? The Police Department has been referring people inquiring about target shooting on this property to Conservation. Mr. Cauldwell said hunting is allowed but is highly regulated on this parcel of land. He said target shooting probably should not be allowed on Sweets Pond Conservation Area because of the potential for lead contamination, the close proximity of homes and a recreation field in the area. He said there is a target range at the Mansfield Fish and Game. 7 1., Old Business a Mr. Cauldwell made the motion to approve the minutes of September 24, 2012. Mr. Healey seconded the motion. Motion passed 6-0-0. February 13,2012 minutes were approved at a previous meeting and were signed. August 20,2012 minutes will be signed at the next meeting-no quorum. Carole Matthew discussed Wildlife habitat criteria-Habitat Evaluation for Existing Homes. , ,, Y,*P.:*tj fi cra.o n ,,x k:l i.t r t.,CI £U* xi f 4 S t c;.e"2 x j t 2 r 1 s @ 4 Z2V Adjaiurnment v t 4a x t clh u uw,R ,sfit m,,,- � e t. Motion to adjourn-Cauldwell/Mulkern. Motion passed. The next meeting will be November 19,2012. (..--- j//71--- 3 -/b- -azo/3 --, Joseph Mulkern,Chairman Date 8