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HomeMy WebLinkAboutCONSERVATION 02082010 CONSERVATION MINUTES FEBRUARY 8, 2010 PRESENT: Joe Mulkel'll, Chairman; Paul Boyden, Vice Chairman; Michele White; Colin Cauldwellj Carole Matthew; Elizabeth Leidhold, Conservation and Environmental Planner. Meeting called to order at 7: 15 pm. 11. Notice of Intent: 12 PllIlltingfleld ROlld, Christopher lInd l\'bureell Driscoll pEP #211.0843 Continued from January 25, 2010 meeting. Chris Charette of Charette Land Surveying and Chris Driscoll, the homeowner, were present. The Notice of Intent was filed for the construction of an attached 24'x24' garage and a 6' mudroom/breezeway on an existing house. The driveway will to be reconstructed to allow access into the garage. All work wonld be within the 100 ft. buffer to bordering vegetated wetlands and an Estimated Habitat of Rare Wildlife. At the January 25th hearing, the board asked that roof drains with dry wells and double-staked hay bales toed-in to silt fencing be added to the plan. Chlis Charette was also waiting for a response from Natural Heritage. A revised plan, dated FeblUary 6, 20 I 0, has been submitted with roof drains - I in front and] in back of the house - and double-staked hay bales added to the silt fence. A letter, dated January 29, 2010, from the Division of Fisheries and Wildlife - NHESP file No.: 10-27662 - was also presented; the proposed project will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species and will not result in a prohibited "take" of state-listed rare species. Elizabeth would like the applicant to plant 5 or 6 shrubs between wetland flag 8 and the lawn. Chris Charette asked for information on the types of shrubs to be planted. Elizabeth will provide a list of suitable shlUbs for the area. Carole Matthew asked if any trees would need to be cut. Chris Charette said a few trees would need to be trimmed but not taken down. Carole Matthew and Elizabeth complimented Chris Charette on the presentation. Colin Cau]dwell made the motion to accept the plan as drawn for ]2 Plantingfield Road, original plan dated December 22, 2009, revised plan dated February 6, 2010, showing the roof drains/dry wells and the double-staked hay bales/silt fence and to issue an Order of Conditions with the following conditions: the applicant will work with the Conservation Agent to develop a planting schedule for the area between flag #8 and the lawn; agent is to be called to inspect the erosion controls before any work starts to make sure the hay ba]es/silt fence have been properly installed; all erosion controls and flagging will remain in place until the work is complete, the area has been stabilized/re-established and a Certificate of Compliance has been issued. Carole Matthew seconded. Motion passed 5-0. Hearing ended at 7:23 pm. 12.Reqll~t for Deterlninlltionof Applicability: CSX T1'l\nSportlltion --vegetation MlInllgement No representative was present. No by-law fee has been submitted. 1 Michele White made the motion to continue the hearing for CSX Transportation to Februmy 22, 20 I O. Colin Cauldwell seconded. Motion passed 5-0. Hearing ended at 7:25 pm. I 3. New Business: Gilbert Street Land. Lou Andrews would like to submit an article for Town Meeting to transfer ownership of land on Gilbert Street from the Town of Mansfield to the Conservation Commission. The parcels are 4-1, 4-12, 4-17, 4-18 and 4-19. Paul Boyden asked the board if they wanted it to be "active" recreation or "passive" recreation. The board would like the land to be used for "passive" recreation. Paul Boyden made the motion to send a letter to NRT and the Board of Selectmen regarding the acquisition of the land on Gilbert Street. Colin Cauldwell seconded. Motion passed 5-0. Lou Andrews told the bOaI'd a Conservation Restrictions (CR) should be placed on these parcels of land to provide another layer of protection. He said the land should be transferred first and then the CR can be placed on the parcels. Lou also would like the town to vote to acquire by Eminent Domain a parcel of land on Gilbert Street, parcel 4-13, approximately 25 acres, to be given to the Conservation Commission. Lou told the bom"d the owner of the land is unknown so an independent title search would have to be done. Paul Boyden moved to take parcel 4-13, owner unknown, on Gilbert Street. A title search will be done before the land is accepted by Conservation. Colin Cauldwell seconded. Motion passed 5-0. Bob Mangim'atti will be contacted about the title search. Great Woods Land Lou told the board he has researched all the deeds of town-owned property in the Great Woods and when some of the property was taken, Chapter 40, Section 8C of the Massachusetts General Laws was not put on the deeds. He asked that an article be put on the next Town Meeting to address adding the provisions of Massachusetts General Laws Chapter 40 Section 8C to the deeds of pm'cel 14-10 -land by Judy's Lane/Cobbler's Corner - and 15-171 and 15-172 - by Hodges Brook, land that was given to the Town of Mansfield when Brookside Estates was built. Problems with other acquisitions in the Great Woods: In 1993 at the annual Town Meeting, Articles 23 & 24, the town took several parcels by Eminent Domain that were never recorded at the Registry of Deeds. The parcels are 15- 53 and 15-55. Colin Cauldwell made the motion to have Town Council proceed on recording the deeds for parcels 15-53 and 15-55. Carole Matthew seconded. 2 Motion passed 5-0. Also at the 1993 annual Town Meeting, Article 25, parcels 15-57, 15-63 and 14-61 were taken by Eminent Domain. These parcels were not recorded at the Registry of Deeds. Colin Cauldwell made the motion to have Town Council record the Eminent Domain proceeding from 1993, Article 25, to clear the title for parcels 15-57, 15-63 and 14-61. Carole Matthew seconded. Motion passed 5-0. Lou will get a copy of Town Meeting articles 23, 24 and 25 for the board. Lou Andrews and Lenny Flynn have requested an article be put on the next Town Meeting for Conservation Restrictions on lots 14-2. 14-3, 14-9, 14-11, 14-17, 14-18, 14-19, 14-51 and 14-61 in the Great Woods to provide further protection. All parcels are under the provisions of Massachusetts General Laws Chapter 40 Section 8C. Lou told the board NRT believes a Conservation Restriction was approved for parcel 12-1 in the Great Woods but there is no recording at the Registry of Deeds. Town Council should check to see if a CR was ever done for parcel 12-1. A Conservation Restriction should be put on parcel 12-1. Colin Cauldwell made the motion to put an article at Town Meeting to put Conservation Restrictions on parcels 14-2, 14-3,14-9, 14-11, 14-17, 14-18, 14-19, 14-51 and 14-61 in the Great Woods. Carole Matthew seconded. Motion passed 5-0. Lou said NRT would write the article. I 4. Old Business: The board was asked to review the by-laws of other towns for any changes they would like to make to the Mansfield By-law. Elizabeth also told the board the Town Manager would like to establish a schedule of fees for inspections and violations. Elizabeth will write a list of fees and regulations to be added to the Mansfield By-law with the board's approval. 15 Sturbridge Drive: Dave Hobaica has never submitted the revised plan requested by the board. Elizabeth told the board the Order of Conditions COC) was never issued and the 21 day period has now been exceeded. The OC was supposed to be issued in November 2009. Elizabeth has made numerous calls to Dave Hobaica and received no response. She has also called the homeowner. She believes the work has already been started without the OC being issued. She asked if the homeowner needed to come back before the board with a new filing. She will check tomorrow to see if the work has started. She will get confirmation from DEP as to how to proceed. Michele White said an Enforcement Order should be issued if the work has been started. Elizabeth has written a letter to St. Mary's Church for the washout in the back of the retention area; sediment is going into a stream and eventually will enter the Canoe River. 3 A letter to the Mansfield Fish and Game Club needs to be sent informing the club of the board's decision to re- establish the "no hunting" policy for Corporal Robert Francis Hardy Conservation Area, formerly Maple Street Park. Signs will have to be made and a notice submitted to the local papers. 900 Maple Street: Colin Cauldwell feels the property needs to be look at; there is a chicken coop, shed, a blne tarp structure and equipment stored in the buffer area. A violation notice needs to be issued for the property. Paul Boyden said the board could go to court and get a trespass notice. Paul will call Brandon Moss for legal advice on how to proceed. Letter to ZBA, Board of Health, Planning Board and Building Department: Paul submitted a letter to the board for review regarding issues with the by-law and their application, impact and function relative to other town boards when a person applies for permits, etc. The board approved the letter. Colin Cauldwell would like an up-date on the Clemmey properties; Essex Street - the replication/restoration areas - and on South Main Street, back parking lot area. - silt fence violation. Colin Cauldwell made the motion to approve the minutes of January 25, 2010 as written. Paul Boyden seconded. Motion passed 4-0. Joe Mulkern abstained. I 5. Adjournment: Adjourned at 8:16 pm. Jif fjU/llL- cJ2(J/ {J Date Joe Mulkern, Chainna 4