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HomeMy WebLinkAboutCONSERVATION 06142010 CONSERVATION MINUTES JUNE 14, 2010 PRESENT: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Carol Matthew;, Colin Cauldwell; Michele White; Jack Smith; Elizabeth Leidhold, Conservation and Environmental Planner. Colin Cauldwell made the motion to approve the minutes of May 10th and May 24th as written. Carole Matthew seconded. Motion passed 4-0 Paul Boyden arrived. 3. Notice of #211-0842 Michael Trowbridge, Hutchins-Trowbridge Associates, Mr. and Mrs. Paul Thibault, the landowner and Deborah Hill of Wetland Strategies, Inc. were present. The hearing was continued from the May 10th meeting to the June 14, 2010. The proposed project is a single driveway to service two single-family dwellings off Maple Street within the 100 ft. buffer of bordering vegetated wetlands and within an ACEC, the Canoe River. The driveway will require a crossing of an intermittent stream as well as filling of bordering vegetated wetlands. The site is not within an Estimated or Priority Habitat of Rare Species. Wetland Strategies, Inc. was hired to review the Notice of Intent filed for the project. The original plan called for a 32 ft. long by 48 inch reinforced concrete pipe. It will be replaced with a 24 ft. long box culvert. The new plan also calls for a rip-rap apron to be placed at each end of the culvert; Elizabeth said Rick Alves, Interim Town Engineer asked for the apron. Michael Trowbridge told the board the replication plan has been revised. The "Wetland Replication Plan for Map 38, Parcel 46, Maple Street, Mansfield" by Walter Hewitson, PhD, Botanist, stamped and received May 21, 2010, will be attached to the Order of Conditions. At the May 10, 2010 meeting Deborah recommended the applicant submit the following: a cross section of the box culvert at the stream crossing; a detailed cross section of the wetland crossing; a cross section of the replication area showing existing and proposed elevations- to aid the contractor during construction; a restoration plan be submitted for any temporary impacts to the resource areas and a restoration plan for the removal of the pipe at the cart path; existing and proposed grading information. She also asked that a monitor be hired for the project to oversee the construction of the replication area; the monitor would oversee excavation, inspect and verify the siltation fence, make sure the hydrology of the replication area is sufficient to support a wetland plant community. The monitor would be pre- approved by the Conservation Commission and would work closely with the Conservation Agent, the Commission and the contractor. The replication area plantings would be monitored for two (2) growing seasons to make sure the plantings are healthy - any dead or dying plants would be replaced. A report would be submitted as to the health of the replication area at the end of each of the two (2) growing seasons. 9 trees were to remain in the replication area but because the excavation for the replication would compromise the root systems of the trees, Deborah recommended the trees be removed. Carole Matthew asked if all comments had been satisfactorily addressed by the applicant. Deborah Hill said she felt the culvert could be reduced further but the proposed culvert will greatly reduce the alteration to the wetland area. She said all other comments have been addressed. Derek House asked if the culvert could be reduced to 22 ft. to further minimize the impact to the resource areas. Michael Trowbridge told the board the pipes come in 6 ft. sections - the pipe would have to be cut down. The board agreed to the 24 ft. culvert. It was suggested that a pre-construction meeting with the Conservation Commission and the agent, the monitor and site contractor be held before any work starts. The installation of the box culvert and the restoration is to be done during the dry season, July l't through October pt. Colin Cauldwell made the motion to approve the Notice of Intent filed for Maple Leaf Realty Trust, 557 Maple Street - DEP #211-0842 - reference plan dated October 10, 2009, revised June 8, 2010 - and issue an Order of Conditions with the following special conditions: a wetland monitor, approved by the Commission will be hired to work closely with the Commission and agent; the monitor is to be on-site to oversee the construction of the replication areas, any excavation, the inspection and verification of the erosion controls and to make sure the hydrology of the replication area is sufficient to support a wetland plant community; the replication area plantings would be monitored for two (2) growing seasons to make sure the plantings are healthy - any dead or dying plants would be replaced; reports and pictures for the two (2) growing seasons are to be submitted as to the health of the replication area at the end of each growing season; a pre-construction meeting between the Commission and/or the agent, the monitor and any site contractors is to take place before any work starts; erosion controls are to be inspected by the agent before any work begins; after the work is complete, but before the Certificate of Compliance is issued, all remaining wetland flags and silt fence/hay bales are to be removed and the areas stabilized; the wetland replication plan submitted by Walter Hewitson is to be attached to the Order of Conditions. Paul Boyden seconded. Motion passed 5-0. Jack Smith abstained. Jack Smith arrived at 7: 26 pm. Hearing ended at 7:28 pm. 14. Request for Determination of Applicability: Kenny and Yvonne DeFazio, 88-90 High Street. I Kenny DeFazio, the homeowner, Anthony Jodice, the contractor for the project and Ralph Maloon, RIM Engineering were present. The hearing was continued at the May 24th meeting to June 14, 2010. The RDA was filed for a 16'x16' utility shed within 100 ft. of a buffer zone and the 200 ft. Riverfront. The entire property is within a Zone A or 100 year flood zone. Because the shed is being placed in a fiood zone, the applicant will need to compensate for flood storage. The new plan calls for a catch basin to be placed at the rear of the shed - a total of 256 sq. ft. of compensation is needed. The catch basin has been designed for 288 sq. ft. of compensation. 2 An e-mail sent by Nick Riccio, Inspector of Buildings/Zoning Enforcement Officer, stating that the shed has been designed and the plan stamped by a Massachusetts registered professional engineer and as presented, appears to meet the requirements of the Massachusetts State Building Code, regarding flood resistant construction. Elizabeth will meet with the landscaper regarding the planting schedule to protect the bank. She suggested erosion controls be placed around the new plantings until the roots have been established. She said the restoration plan looks good; the plantings will have to be monitored. Colin Cauldwell and Joe Mulkern asked that erosion controls also be placed around the shed. When Elizabeth meets with the landscaper, the need for silt/hay bales will be assessed and if necessary, a field modification of the erosion controls will be done. Paul Boyden would like pictures taken of the pond to show the current water levels. Colin Cauldwell made the motion to accept the plan, revision date June 14, 2010 for 88-90 High Street and issue a Negative 3 Determination. Method 1 for flood compensation will be used as shown on the plan; silt fence/hay bales are to be inspected after installation by agent before any work starts and modified in the field if necessary; the agent will meet with the landscaper during the replication. Jack Smith seconded. Motion passed 6-0. Hearing ended at 7:43 pm. I 5. Request for Determination of Applicability: Heron Crest, LLC, 631 East Street, Map 33, Parcel 20-22. The RDA was filed to finish the two remaining buildings, (1) 7 unit condo building and (1) 4 unit condo building, under an expired Order of Conditions - #211-687. Work is within the 100 ft. buffer of bordering vegetated wetlands and within an ACEC, the Canoe River. No representatives were present and the board asked that the hearing be continued to June 28th. Colin Cauldwell made the motion to continue the hearing for Heron Crest, LLC to June 28, 2010. Carole Matthew seconded. Motion passed 6-0. Hearing ended at 7:50 pm. This is one of three filings, lots 1, 2 & 3, for Wayside Estates. Scott Rolfe, for Matt Long, the applicant for Wayside Estates, asked if the 3 filings could be combined. The board asked to hear the filings one at a time. The RDA was filed for the construction of a residential home with driveway, utilities, septic system and landscaping. The RDA was filed to confirm all proposed work is not within the jurisdiction of the Massachusetts Wetlands Protection Act and the Town of Mansfield Wetlands Protection By-law. Project is within an Estimated and Priority Habitat. 3 A letter, dated June 4, 2010, stating the previous determination has not changed and the project will not result in a "take". No septic plans have been submitted for this property. Scott Leite, the Health Agent, agreed with Paul that the hearing should not go forward until the septic system is installed. Paul told Mr. Rolfe and the property owner, John DesVergnes, it is hard to condition a plan when you don't have a total picture of the work to be done. Elizabeth had asked for changes in the delineation; she asked that some wetland flags be moved or removed. A new plan has been submitted with the revised flag locations. Elizabeth will need to review the new flag locations. Faina Schwara, 25-29 Saddle Ridge Road, told the board the water table is very high on this property. She questioned why they were being allowed to build on the property now when it was not possible before. She is concerned the new houses will affect the water table, causing flooding of existing homes. John DesVergnes said new percolation test were done on the site, there are suitable soils, and the percs were witnessed by Scott Leite, the Health Agent. Scott Rolfe said there is no evidence the building of the houses would alter the ground water. The board asked that the hearing be continued to June 28, 2010. Hearing ended at 8:00 pm. 7. Request for Determination of Applicability: Wayside Estates, LLC - 16 Saddle Ridge Road, Map 3, Parcel 216. The RDA was filed for the construction of a residential home with driveway, utilities, septic system and landscaping within the 100 ft. buffer of bordering vegetated wetlands. Hearing will be continued to June 28, 2010. The RDA was filed for the construction of a residential home with driveway, utilities, septic system and landscaping. The RDA was filed to confirm all proposed work is not within the jurisdiction of the Massachusetts Wetlands Protection Act and the Town of Mansfield Wetlands Protection By-law. Hearing will be continued to June 28, 2010. 19. Certificate of Compliance: 860 Maple Street, Christopher Colby - #211-0794. Chris Colby was present. Elizabeth, Colin Cauldwell and Paul Boyden visited the site; all work is in compliance with the Order of Conditions. Colin Cauldwell made the motion to issue a Certificate of Compliance for 860 Maple Street, DEP #211- 0794. 4 Paul Boyden seconded. Motion passed 6-0. Hearing ended at 8:03 pm. Enforcement Order for Elm Street, Thomas Walsh. Mr. Walsh, Kristen Walsh and Robert Patneaude were present. The Mansfield Conservation Commission received multiple reports of alterations of bordering vegetated wetlands and a tributary to the Wading River. The activities are occurring close to the Waish Well site. Thomas and Kristen Walsh and Robert Patneaude were present. The board is concerned about the large amount of siltation going into the wetlands. The board would like permission from Mr. Walsh to access the property to look at any resource area violations on the property. Mr. Walsh said he would like to be on site when the site visit is planned. Elizabeth will call to set up a time for the visit. Mr. Walsh said he was concerned he did not receive a call before the Enforcement Order was issued. Colin Cauldwell made the motion to ratify the Enforcement Order for Thomas Waish for the property off Elm Street in Mansfield. Carole Matthew seconded. Motion passed 5-0. Jack Smith abstained. Hearing ended at 8:08 pm. David Troilo, 167 Dean Street: An Enforcement Order was issued on April 13, 2010 to David Troilo for the cutting of mature trees and the removal of wetland vegetation. A wetland delineation and wetland restoration plan, dated April 21, 2010, has been submitted by BSC Group. Elizabeth told the board the tree stumps are re-growing and Mr. Troilo has done a good job restoring the wetlands. Mr. Troilo would like a letter from the board stating the restoration has been done to the board's satisfaction. Colin Cauidwell made the motion to authorize a letter be sent to Mr. David Troilo. Carole Matthew seconded. Motion passed 6-0. The board signed a letter to the Selectmen regarding the Vickery land donation. The deed will be recorded at the Registry of Deeds. Catherine Memory, 23 Lakeview Avenue Agreement: Mrs. Memory will pay a fine of $1,500.00 for violating Section 2.4 of the Mansfield Wetland Protection By-law; she will remove 161 sq. ft. of pavers and the area where the pavers are removed will be loamed and seeded; a detailed plan for the buffer plantings will be submitted for approval by the Conservation Agent and the plantings will be monitored for two (2) growing seasons through reports and photographs; she will change out the building material (pressure-treated lumber) used for a step and a landing for the stairs leading to Greenwood Lake with a composite material. Mrs. Memory has asked for 5 an extension of the 90 days to complete the work to 180 days so she will have time to hire contractors and obtain the proper permits. Mrs. Memory is to submit an "as built" plan within 45 days of the completion of the work, showing the iocation of the house, the stairs and pavers along with the spacing of the pavers. The "as built" should show the elevations of the property before any work was started and the final elevations of the land. Elizabeth asked if the board wanted item #5 removed from the agreement; Conservation has not received an approved plan showing the buffer plantings along Greenwood Lake. Elizabeth told the board a Certificate of Compliance can not be issued until the Enforcement Orders of July 7' 2009 and October 27, 2009 have been lifted. A copy of the agreement for Mansfield Youth Baseball was given to the board. The board will review the agreement and will add or make any changes to the agreement. The agreement will be discussed at the June 28th meeting. The Chairman of Mansfield Youth Baseball will be asked to come to a meeting to sign the agreement. Elizabeth is meeting with Nationai Grid on Tuesday, June 15, 2010 at 1:00 pm. at Great Woods. Colin Cauldwell said there is a lot of pruning to be done on the site and the work should be done in the winter. Elizabeth feels National Grid should file a Notice of Intent for the work being done. Elizabeth told the board that all departments are meeting with the Selectmen and Bill Ross. Conservation will be meeting at 9:15 Friday. Elizabeth told the board there are new Open Meeting Law regulations. Elizabeth said she inspected 7 building permits today and there are more waiting to be inspected. She told the board building permits are being issued without being signed off by Conservation. She said this could be a liability for the town. Colin Cauldwell said he would bring this issue to the attention of the Selectmen and the Town Manager at the Friday meeting. Colin Cauldwell has a plan for the pedestrian foot bridge located off Judy's Lane. The plan has been stamped by a P.E. from Weston & Sampson. Colin Cauldwell made the motion to adjourn at 8:45 pm Carole Matthew seconded. Motion passed 6-0. NEXT MEETING WILL BE JUNE 28, 2010 AT 7:00 PM. /~ I oIzdl~ d {;j1tyt4j ,;;20 / {J 6