HomeMy WebLinkAboutCONSERVATION 04122010
CONSERVATION MINUTES
APRIL 12, 2010
PRESENT: Joe Mulkern, Chairman; Paul Boyden, Vice Chairmani Jack Smith;
Derek House; carole Matthew; Colin Cauldwelli Michele Whitei Elizabeth Leidhold, Conservation and
Environmental Planner.
Meeting called to order at 7:00 pm.
11. Notice of Intent: . Mansfield Athletic Complex,Plymouth Street -#221-0847
Applicant requested a continuance to April 26, 2010.
Colin cauldwell made the motion to continue the hearing for the Mansfield Athletic Complex to April 26,
2010.
Motion passed. 7-0.
12. Abbreviated Notice of Resource Area Delineation: Ware Street, Stan Feck -#211-0844
Applicant requested a continuance to April 26, 2010.
Paul Boyden made the motion to continue the hearing for Ware Street to April 26, 2010.
Colin Cauldwell seconded.
Motion passed. 7-0.
,. 3. NoticeofIntent: Maple Leaf RealtY Trus(S57 Maple Street -#211 :082
Applicant requested a continuance to April 26, 2010.
Derek House made the motion to continue the hearing for 557 Maple Street to April 26, 2010.
Motion passed.
At this time, because there were no representatives for the Notice of Intent for 27 Bliss Avenue, Derek
House made the motion to table the hearing until later in the meeting and Michele White seconded. The
motion passed 7-0.
IA.Request for Extension: Sam pateV2821291 and 296 Chauncy Street -#211-789.
Sam Patel, the property owner and Ed Tartufo, of Jack Conway Realtors were present.
Sam Patel has asked for an extension of the Order of Conditions (OC) issued May 31, 2007 for a restaurant
and a retail building on Chauncy Street. He wants to keep the OC active for future development of the
property. The OC has been recorded at the Registry of Deeds. Presently, there are no plans to move
forward with the project. The wetlands delineation was verified by Michele Grenier, the former
Conservation Agent for Mansfield. Wetlands were flagged by Dr. Jerome Carr. No activity has occurred on
the property.
Some of the wetland flags are down or missing. Elizabeth cited Condition #16 in the Order of Conditions:
flags must be maintained until the Certificate of Compliance has been issued. She said there is a lot of
debris on the property including cement forms as well as invasive species.
Paul Boyden asked that any wetland flags missing or down be re- established in the same location. He
said the plans stand as drawni if there are any changes to the original plan, the applicant will have to
come back before the board for approval.
Elizabeth said the hay bale/silt fencing should be established along with the signage and fencing called for
in the Order of Conditions. Elizabeth said she was surprised there were not more conditions established
for this property.
Mr. Patel has donated the back piece of the property to MMASi he will be developing only the front portion
of the property. Mr. Patel will clean up the property this summer.
Paul suggested the minutes from the original filing be checked for additional conditions. There were
questions about egress/ingress onto Woods Avenue. He would like to see any recommendations from
Engineering and the Planning Board. Ed Tartufo said they have met with Engineering, Building and the
Planning board.
Paul Boyden made the motion to grant an extension of the Order of Conditions, issued May 2007, for DEP
#211-789, as presented, referencing those drawings that are applicable for 282, 292 and 296 Chauncy
Street. Applicant will have to come back before the board with any new or altered plans.
Hearing ended at 7:20 pm.
15.certificateofCornplianc~: Keith & Kelly Wells, 30 FredricLane- #211-0833
The applicant has requested a Certificate of Compliance (COe) for an Order of Conditions issued July 8,
2009. Pian of record is a hand-drawing on a mortgage inspection plan. The property is within a Natural
Heritage Area of Rare Species and an ACEC, the Canoe River.
Applicant was required to submit an engineering as built when the pool was completed with two (2) flag
points of the closest points to the wetlands for reference.
As per the letter from Natural Heritage, dated July 1, 2009, the applicant was required to install a frog-log
and the patio was not to be flush with the pool apron or edge and the edge/apron was to be higher than
the concrete patio or the entire concrete patio was to be built at a higher level than the surrounding area.
Keith Wells told the board they are using a frog-log for the pool - he brought the frog-log to show the
board. The surround for the patio is constructed of rocks and has been elevated above the iawn.
Elizabeth said the vegetation is coming in nicely and the special conditions have been met. She
recommends the COC be issued.
Colin Cauldwell made the motion to issue a Certificate of Compliance for Keith and Kelly Wells, 30 Fredric
Lane, DEP #211-0833.
Derek House seconded.
Motion passed 7-0.
Hearing ended 7:25 pm.
I. 6.iNotice of Intent: Jay & RobinPresentato, 27 Bliss Avenue-#211-0848
David Hobaica, Easton Pool and Spa, representing the Presentatos was present.
The Notice of Intent was filed for the installation of an in-ground pool Within the 100 ft. buffer zone of
bordering vegetated wetlands and within 200 ft. of the perennial stream between the 2 Fulton Ponds. An
existing above-ground pool will be removed; the in-ground pool will be installed in approximately the same
location as the existing pool.
Dave Hobaica told the board all work will be outside the 25 ft. buffer. A dewatering area has been noted
on the plan and silt fencing will be installed.
Elizabeth told the board the applicant did not fill out Section B for riverfront on the Notice of Intent. GIS
clearly shows the property is in the riverfront area between the 2 Fultoh Ponds. She asked that Dave or
RIM note the inner and outer riparian zone on the plan.
Elizabeth cited 310 CMR 10.58 (6) (b) and 10.02 (e) - 10.58 (6), [certain activities or areas are
grandfathered or exempted from requirements for the RiverFront Area] - (b) certain minor activities as
identified in 310 CMR 10.02 (2) (b) (e) - [the conversiOn of lawn to uses accessory to residential structures
such as decks, sheds, patios and pools provided the activity is located more than 50 ft. From the mean
annual high-water line within the riverfront area or Froln bordering vegetated wetland, whichever is farther
and erosion and sedimentation controls are implemented during construction. The conversion of such uses
accessory to existing single-Family houses to lawn is also allowed]. Elizabeth said because the pool will be
on existing lawn and is 80+ ft. From the resource areas the project is alloWable. She said when the Order
of Conditions is issued, it should be noted that the board recognizes this is in the Riverfront Area but is
allowable under 310 CMR 10.58 (6) (b) and that the project is not exem~t from the Mansfield by-law. Any
Future projects on the property would need to file under 10.58 of the state regulations. Carole Matthew
said the project does meet the by-law and the standards of the state regUlations.
Because of the drop off into the wetland area, Elizabeth would like silt fence with double-staked hay bales
installed at the limit of work.
Colin Cauldwell made the motion to accept the plan as drawn for an in-ground pool at 27 Bliss Avenue with
the following special conditions: double-staked hay bales with silt fence to be installed as per the detailed
sheet in the Conservation office at the limit of work - erosion control to be inspected by the agent before
any work starts; the plan of record must note that the project is alloWable under 10.58 (6) (b) of the
Riverways Act and under Sections 2.4 and 2.5 of the Mansfield Wetland By-laws; a cartridge filter will be
used requiring no backwash from the pool to prevent discharge into the wetland area; dewatering into
siltation area only.
Jack Smith seconded.
Motion passed 7-0.
Hearing ended 7:45 pm.
I 7 . Request for Detennination of Applicability: Edward JaJl1eS<J1l III, 6 DiMascio Drive
David Hobaica, Easton Pool and Spa and Ed Jameson were present.
RDA filed for the installation of an in-ground pool; there is a proposed pool house on the plan. A retention
pond on the property is not shown on the plan but is part of the subdivision plan. Revised plans were
submitted.
Paul Boyden asked that the retention pond be added to the plan. He said the board should have had the
new plans before tonight's meeting. He said the board could not make a decision tonight without reviewing
the plan.
Derek House said the pool needs to be 25 ft. away from the retention pond. Colin said the pond is not
considered a resource area. Michele White said it is a 5tormwater retention pond; in the Stormwater
Regulations, wetland retention ponds, any stormwater conveyance or pond is not considered a resource so
even if it is considered a wetland retention or detention basin, it was still constructed for stormwater
management. Colin said the plans for the subdivision heed to be checked to make sure the retention pond
was constructed in accordance with the plan. Elizabeth said there is nothing preventing material from
entering the pond.
Derek House asked if the subdivision has a Certificate of Compliance (COC). A COC has not been issued.
Paul Boyden said partial Certificates of Compliance sholJld be issued for the lots already built.
Joe Mulkern suggested the hearing be continued to allow for the Town Engineer to look at the property, to
make sure the retention pond is in compliance. The retention pond needs to be delineated with elevations
added.
Elizabeth told the board that the Order of Conditions (OC) for the subdivision has expired. The OC was
issued in August 2006 and no extension was filed. Colin Cauldwell said the applicant would have to re-
apply for an OC and then request a Certificate of Compliance for the subdivision.
The homeowner was told to contact RIM Engineering and have Ralph Maloon contact the builder.
Colin Cauldwell made the motion to table the hearing Until April 26, 2010.
Derek House seconded.
Motion passed 7-0.
Hearing ended at 7:50 pm.
IS.\New/Old Business:
Ratification of the Emergency Certification for Ware Street: Water washed over the roadway during the
heavy rains, undermining both sides of the headwalls. The town dropped rip rap into the stream to
prevent siltation from going downstream. Erosion controls will be installed, debris placed to prevent the
roadway from washing out will be removed, the sidewalk and roadway will be stabilized and the rip rap
placed in the stream to prevent siltation from going downstream will be removed.
Elizabeth will work closely with Rick Alves to make sure there is no additional impact to the resource areas.
Elizabeth showed the board pictures of the pipe under Ware Street. She suggested the existing pipe be
replaced with a box culvert to prevent fiooding in the future. Jack Smith Said there are no plans to change
the size of the pipe. Derek House asked if the board could request that the pipe be replaced with a larger
pipe. Would FEMA fund the request with a grant?
Colin Cauldwell made the motion to ratify the Emergency Certification for Ware Street.
Motion passed 6-0 with 1 abstention
A roll call vote was taken - Derek House, aye; Carole Matthew, aye; Colin Cauldwell, aye; Paul Boyden,
aye; Joe Mulkern, aye; Michele White, aye. Jack Smith abstained.
Change of plan request for a Notice of Intent for 15 Sturbridge Drive - #211-0S36.
Homeowners - John and Donna Moran. Mrs. Moran was present.
The Notice of Intent was filed for the installation of an in-ground pool. Property is within an Estimated
Habitat of Rare Wildlife and ACEC, the Canoe River.
When excavating for the in-ground pool, the installer hit ledge. The applicant would now like to install an
above-ground pool with decking. The pool will be farther away from the resource areas but closer to the
house then originally planned. A new plan has been submitted.
Elizabeth told the board the above-ground pool will have a lesser impact to the resource areas.
Derek House asked about the plantings within the 25 ft. area - plantings were to be done in the 25 ft. no
touch area between the existing shed and the property line to prevent run-off from the lawn into the
wetlands. Donna Moran said the plan submitted by Dave Hobaica shows the plantings in another location.
She said they the plantings would be done as the board requested.
Carole Matthew asked Mrs. Moran about the filtration system for the above-ground pool. Mrs. Moran said
they would use whatever the board requested. The board would like the system to be a self-contained
cartridge system, requiring no backwashing.
Mrs. Moran signed and dated the revised plan for the file.
Derek House made the motion to accept the change of plan requested for the Notice of Intent, DEP #211-
0838, for 15 Sturbridge Drive, referencing the plan dated April 12, 2010 for an above-ground pool instead
of an in-ground pool. All other conditions to remain the same.
Colin Cauldwell seconded.
Motion passed. 7-0.
Hearing ended at 8:00 pm.
Wetland Violation: 167 Dean Street, Dave Trollo. Cutting of mature trees and shrubs within bordering
vegetated wetlands. The violation was discovered by Rick Alves, Interim Town Engineer, when he was
inspecting Kingman Pond Dam.
Elizabeth told the board as least 5 mature trees and a substantial amount of wetland shrubs were removed.
Mr. Trollo said he is aware of the 25 ft. no touch. He disputed one picture showing branches within the
wetlands; he said he did not place the branches there. He also told the board he did not remove any
shrubs.
Elizabeth suggested if Mr. Trollo is proposing any activity within 100 ft. of wetlands, he should have the
wetlands delineated and submit a plan. She would like the mature trees replaced along with some
indigenous wetland vegetation.
Michele White asked if the board was going to require an After the Fact Notice of Intent and make the
delineation and restoration part of the Order of Conditions. Elizabeth said Mr. Trollo can do the restoration
under an Enforcement Order (EO), allowing Mr. Trollo to start the work immediately instead of going thru
the NO! process.
The board asked that a Professional Wetland Scientist (PWS) be hired to first delineate the wetlands and
then develop the restoration plan. Elizabeth told Mr, Trollo to call the office and she will give him some
names of a profeSSional wetland scientist. She told him the PWS can do both the delineation and
restoration plan. She also suggested signage for the area. She said a batting cage has been placed close
to the wetland area; she will check the position of the Cage after the delineation.
Colin Cauldwell made the motion to issue an Enforcement Order for 167 Dean Street. Mr. Trollo is to have
the wetlands delineated first then come back before the board with a restoration plan. He was told to hire
a botanist.
Derek House seconded.
Motion passed. 7-0.
Mr. Troilo will return either on April 26 or May 10th depending on when the delineationf restoration plan is
done. He will call Elizabeth to let her know.
Violation: 41 Bird Road, Debbie Conlon. The homeowner removed 2 trees that were undermined by all
the rain. The trees were dead and leaning on the hoUse, becoming a safety issue. The trees removed were
approximately 68 ft. from the house and the wetlands. The board asked that Mrs. Conlon contact
Conservation the next time she has an emergency sitl.lation and the agent will go out to inspect.
Mrs. Conlon asked that the board check on her nel\:lhbor; the neighbor has been using a 4 inch pipe to
remove water from his basement and she noticed sUds and a blue oil slick. The water is entering the
wetlands. She said many of her neighbors are dumplrig grass clippings in the wetlands. Elizabeth will take
a look at the property. Derek said he would also check the property.
Derek House made the motion to table the Enforcement Order for 41 Bird Road until April 26th so Elizabeth
can check out the property and the board has more InfOrmation.
Michele White seconded.
Motion passed 7-0.
West Street Bridge: A large tree stump floated down the river and hit the sewer pipe under the bridge.
Rick Alves, Interim Town Engineer, told Elizabeth the pipe is now cracked. The bank has been disturbed
but will be stabilized qUickly. The tree stump has beEln removed.
Joe Mulkern signed the letter to William Ross, Town Manager, asking for support for the Town Meeting
articles for the Gilbert Street parcels.
130 Forbes Boulevard: Elizabeth wanted the board to be aware of a change in the plan for 130 Forbes
Boulevard - the applicant has changed the posts for the fence from 1 in 8 ft. to 1 in 5 ft. Elizabeth wanted
to know if the board has a problem with this change. The board is ok with the change. A revised plan has
been submitted.
Colin Cauldwell and Derek House asked about the groundwater issue; has it been resolved? Elizabeth said
it has but Rick Alves does not want the board to apprbve a plan "pending" again.
Colin Cauldwell: Has a Boy Scout looking for a project; would like to do work on the Codding Property.
Paul Boyden read the additional articles to be submitted to the special Town Meeting.
Article 15 reads "to see if the Town will vote to pel'lnit the Conservation Commission to create, thru the
Town Accountant, a "special account" to accept funds for the preservation, acquisition, rehabilitation and
repair of Conservation controlled properties and to request title searches and necessary legal assistance
where required". This would ensure that Conservation controlled properties would be properly maintained
and would allow for the acquisition of additional parcels of land.
Article 16 reads "to see if the Town will vote to permit certain transfers of funds from existina "land
acquisition accounts" including any Conservation fees or fines to the "Special Account" as it is defined in
Article 15. This would make funds available for the Ifi<lintenance of Conservation land to ensure the land is
properly cared for and can be used safely by the residents of Mansfield". An example: the footbridge over
Rumford River near Cobbler's Corner is currently in disrepair and has been declared impassable; simply, we
need a new footbridge. Conservation, in the past, has had help from the Boy and Girl Scout organizations
in clearing over-grown pathways and performing miriiir repair work at stream crossings.
Colin Cauldwell made the motion to accept the proposals as written by Paul Boyden concerning the
distribution of Conservation money.
Derek House seconded.
Motion passed 7-0.
Michele White has read thru the Wetland Enforcement Manual. Section 6 concerns site visits for potential
violations. She gave each member a copy of Section 6 and also an example of a violation notice. The
Wetland Enforcement Manual is on the DEP website.
I 9. Adjournment
Colin Cauldwell made the motion to adjourn at 8:55 pm.
Motion passed 7-0.
NEXT MEETING WILL BE APRIL 26, 2010
Q,///J/WL ch.dl-
Joseph Mul ern, Chairman
S--IO -ol.(}l(}
Date