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HomeMy WebLinkAboutCONSERVATION 04112011 Mansfield Conservation Minutes April 11, 2011 Present: Colin Cauldwell, Chairman; Michele White, Vice Chairman; Joe Mulkern; Carole Matthew; Jack Smith; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meeting was called to order at 6:45 pm. Lou Andrews, President of Natural Resources Trust of Mansfield was present. Mr. Andrews told the Board some of the deeds for conservation land have not been updated or filed with the Registry of Deeds. He said at the 1993 Annual Town Meeting Articles 23 & 24 for lots 15-53, 15-55 in the Great Woods were taken by eminent domain. The taking was not recorded at the Registry of Deeds. Both parcels are owner unknown and have no deed history. Mr. Andrews said he has created new deeds and an Order of Taking for each parcel; the orders and deeds need to be signed by the Selectmen and filed at the Registry of Deeds. Lots 14-61, 15-57 and 15-63, Article 25, in the Great Woods were taken by eminent domain to clear title. The takings were not recorded at the Registry of Deeds. Mr. Andrews said Parcel 14-61 was purchased by the town in 1980 (deed B2036 P0340). The deed needs to be updated to reflect the transfer to the Commission. Parcel 14-57 was purchased by the town in 1978 (deed B1881 P0169). The deed needs to be updated to reflect the transfer to the Commission. Parcel 15-63 is already under Ch. 40 s. 8c and no further action is required. Mr. Andrews has given Elizabeth the deeds for the parcels approved at the 1993 Town Meeting. Mr. Andrews said the parcels approved at the 2010 Town Meeting have not been done. In a letter dated April 11, 2011, Mr. Andrews recommended the information for the parcels approved at the 1993 and 2010 Town Meetings be sent to town council for review and then recorded at the Registry of Deeds. A letter will be sent to town council with the information. Mr. Mulkern seconded the motion. Motion passed 6-0. 2. Notice of Intent: Stan Feck, Christian & Feck Development, Dolan Estates, Ware Street, Map 32, Parcel 13. #211-0856. The Notice of Intent was filed for the construction of a four lot cluster subdivision with related grading and utilities. Due to limited access, approximately 6,190 square feet of wetlands would be filled and a stream crossing is proposed. The applicant has requested the hearing be continued to May 16, 2011. Mr. House made the motion to continue to May 16, 2011. . Ms. White seconded the motion. Motion passed 6-0. 3. Request for Determination of Applicability: Mansfield Municipal Electric Department, Chris Cox, High Street, Map 21, Parcel 137 . The Request for Determination of Applicability was filed for the trimming of trees and cutting brush along the fence line between the storage yard and the Rumford River. The applicant requested the hearing be continued to May 16, 2011. 1 Ms. Mathew made the motion to continue the hearing to May 16, 2011. Mr. Smith seconded the motion. Motion passed 6-0. I 4. · Request for Determination of Applicability: Lexie Raczka, Green Earth Hornets, 250 East Street. The applicant, Lexie Raczka, and Michael Trowbridge, Hutchins-Trowbridge Associates, Inc. were present. The Request for Determination of Applicability was fiied for a proposed green house in the area of the hockey fields at Mansfield High School. Mr. Trowbridge told the Board the work is proposed within an existing developed lawn on the edge of the 50 ft. buffer. He said they are not proposing any siltation controls. Ms. Raczka is president of the Green Earth Hornets, an environmental club at Mansfield High School. She said the green house will be used as an outdoor class room for the science departments at the school. The green house will be approximately 18.5 'x12.5' . Elizabeth said the work is proposed on the existing lawn and no erosion controls are necessary because the area is level. She said it is a good project. Mr. House asked if there was a letter from the Selectmen or the school committee about the project. Mr. Trowbridge said he is signed as the representative of the school on the project and the project was voted on at the last committee meeting to endorse the project. Ms. White made the motion to issue a Negative 3 Determination for the Green Earth Hornets project - the work described in the request is within the Buffer Zone, as defined in the regulations, but will not alter the Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent. Mr. Smith seconded the motion. Motion passed 6-0. I 5. Request fora Certificate of Compliance: Jay and Robin Presentato, 27 Bliss Avenue. #211-0848 Jay Presentato, the homeowner, was present. The Notice of Intent was fiied for an in-ground pool within the 100 ft. buffer of bordering vegetated wetlands and within 200 ft. of an unnamed perennial stream. The homeowner has requested a Certificate of Compliance. Elizabeth told the Board the site is located within the outer riparian zone of a perennial stream between Fulton's Pond and Kingman Pond. She said the area is stable. Ms. White made the motion to issue a Certificate of Compliance for 27 Bliss Avenue, DEP #211-0848. Mr. Smith seconded the motion. Motion passed 6-0. I 6. Request for Determination of Applicability: Joan Powers, 153 Stearns Avenue, Lot 3, Map 41,ParceI23. Michael Trowbridge, Hutchins-Trowbridge Associates, Inc. was present. Mr. Trowbridge said the wetland delineation was verified in an ANRAD (#211-0858) approved November 2010. Approximately 3,000 linear feet of wetland boundary and two (2) isolated wetlands on the property were delineated, for a total of 7,400 sq. ft. of wetland delineation verification. The septic system is at least 150 ft. from the resource areas. A portion of the house will be within the 100 ft. buffer; the rest of the project is outside the 50 ft. buffer. 2 Elizabeth asked Mr. Trowbridge if this house is any closer to the wetlands than the new house at 155 Stearns Avenue (Lot 1). She said one of the conditions for Lot 1 was when construction was complete, signage, reading "Environmentally Sensitive Area - Do Not Disturb", was to be placed on the 50 ft. no disturb line, with a minimum of 3 signs to be placed on metal post and on 50 ft. centers. She asked if the Board wanted to require the signage for this property. Ms. Matthew asked the size of the isolated wetlands. Mr. Trowbridge said the larger one is approximately 7,000 square feet and the smaller one is 2,000 square feet. She asked the distance between the 50 ft. line and the garage and driveway. Mr. Trowbridge said the garage is approximately 20 ft from the line and the driveway is 10 ft. from the line. Mr. Mulkern would like signage on the 50 ft. line from flags B-23 to B-17. Mr. House said he would like signage in the back of the property because of the potential Vernal pools on the property. Mr. Trowbridge will revise the septic plan to show the 100 ft. buffer line around the isolated wetlands and the potential vernal pools. He said the larger wetland is jurisdictional under the Mansfield Wetland Protection By-law because it is over 5,000 sq. ft. but the smaller one is non-jurisdictional. Mr. House made the motion to issue a Negative 3 Determination for 153 Stearns Avenue, Lot 3 - the work described in the request is within the Buffer Zone, as defined in the regulations, but will not alter the Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent - with the submittal of a revised plan showing the 100 ft. buffer around the isolated wetlands; it is to be noted on the revised plan there are potential vernal pools in the back of the property; signs reading "Environmentally Sensitive Area - Do Not Disturb" are to be placed on the 50 ft. line from flags B-23 to B-17 on 50 ft. center on metal posts. I 7.< Request for Determination of Applicability: ..Kristenand Christopher Lyle,230 West Street. Kristen and Christopher Lyle, the homeowners, were present. Mr. and Mrs. Lyle would like to remove three trees within the 100 ft. buffer of bordering vegetated wetlands that have become infected with Hemlock Woolly Adelgid. There is concern the trees could fall on the house. Elizabeth said the homeowner could cut the diseased portions of the trees since the trees are not fully infected at this time or remove the trees. Because the trees are within the buffer zone and if the trees are removed, she would recommend the trees be replaced with low growing shrubs to protect the wetlands. Mr. Lyle told the Board he is planning to cut the trees but is not going to stump them to minimize the impact to the wetlands. He told the board there is a lot of seasonal growth in this area that is allowed to grow naturally and is not cut. Ms. White made the motion to issue a Negative 3 Determination for 230 West Street - the work described in the request is within the Buffer Zone, as defined in the regulations, but will not alter the Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent. Mr. House seconded the motion. Motion passed 6-0. I 8. .... Request for Determination of Applicability: Michael and Dianne Pacheco,. 8 Angelina Lane, Map 34,. Parcel 262. .. I Michael and Dianne Pacheco were present. The Request for Determination of Applicability was filed for the construction of a 294 square foot deck within the inner riparian area of USGS designated perennial stream, Back Bay Brook. The proposed deck will extend from the existing deck down to the corner of the pool. The pool was installed without a filing; the applicant was told by the former agent they did not need to file for the installation of the pool. Both the pool and the proposed work are on existing lawn. Elizabeth said the house is approximately 100 ft. from the wetlands; the pool is 42 ft. from the wetlands. 3 Ms. White made the motion to issue a Negative 3 Determination for 8 Angelina Lane - the work described in the request is within the Buffer Zone, as defined in the regulations, but will not alter the Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent. Mr. House seconded the motion. Motion passed 6-0. I 9. After-the-Fact Request for Determination of Applicability: Jeffrey Horn, 14 Millstone Court, Map 37, Parcel 250. I Karen Horn was present. Without filing, the applicant constructed a deck with 6 concrete tube footings within the 100 ft. buffer of bordering vegetated wetlands and within an ACEC, the Canoe River. Elizabeth told the Board a Notice of Intent was filed for the pool in April 2009 but the deck was not included on the plan. The deck is between the house and the pool. The applicant was granted a variance for the construction of the proposed deck, connecting the existing deck to the above-ground pool on November 5, 2010. Ms. White made the motion to issue a Negative 3 Determination for 14 Millstone Court - the work described in the request is within the Buffer Zone, as defined in the regulations, but will not alter the Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent. Mr. Smith seconded the motion. Motion passed 6-0. I 10.. Request for Certificate of Compliance: Jeannine Jarvis, 45 Old Elrn Street. #211-515 Attorney Edward Valanzola was present. Attorney Valanzola said the house is being sold. A title exam came back showing a partial Certificate of Compliance (COC) was issued in November 1997 on an Order of Conditions issued in 1996. It was noted on the partial COC the landscaping and lawn stabilization had not been done at that time. Attorney Valanzola submitted a letter with photographs showing the remaining work has been completed. He said he is looking for a final Certificate of Compliance for a closing on Friday, April 15, 2011. Elizabeth said there was a wetiand crossing at 45 Old Elm Street but the wetland restoration was done on the adjacent lot, 35 Old Elm Street, DEP #211-514. Mr. House asked if a Certificate of Compliance had been issued for 35 Old Elm Street. Elizabeth said a partial had been issued. Attorney Valanzola said he is only asking for the complete Certificate of Compliance for 45 Old Elm Street. Mr. House asked for clarification: are these two separate projects on two separate lots? Mr. Cauldwell said there are two Orders of Conditions, one for each lot. The Board asked that a letter be sent to the owner of 35 Old Elm Street regarding the partial Certificate of Compliance; the owner should apply for a complete Certificate of Compliance. . Ms. Matthew said the Board should make sure the replication area was properly done. Ms. White said the partial was probably issued because they were waiting for the growing season to see if the replication area was viable. The Order refers to one portion of a two lot project. Ms. White said the partial COC states that it is here-by certified that only the follOWing portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed - final landscaping and 4 lawn stabilization necessary. She said it is her opinion the partial was issued because they were waiting for the growing season to see if the replication area was properly done. The Order refers to one portion of a two lot project which involved the crossing of a bordering vegetated wetland area with a common driveway serving two single family house lots - Lot 35 Old Elm Street, SE 211-514 and Lot 45 Old Elm Street, SE 211-515. If after two growing seasons the wetland species were not well established, the applicant was to consult with the agent for additional measures to ensure prope-r stabilization. A letter dated December 3, 1996 from Robert E. Chavaree requested a partial COC for Lot 2, 35 Old Elm Street - SE 211-514; all conditions of the permit had been complied with, except for re-establishing the vegetative growth that required a growing season. A letter dated October 27, 1997 from Robert E. Chavaree requested a partial COC for Lot 1, 45 Old Elm Street - SE 211-515; all of the conditions would be complied with, weather permitting, including re-establishing the vegetative growth that required a growing season. Elizabeth told the board the replication detail sheet Is for Lots 1 & 2 Old Elm Street and is in both partial Certificates of Compliance. The Board asked what plantings for the replication area were approved. She said the area was to be planted with three (3) red maple, eight (8) high bush blueberries, nine (9) sweet pepperbush and seven (7) sphagnum mosses. She asked Attorney Valanzola if OHI Engineering, Inc. could verify the replication area was done as proposed. Attorney Valanzola said he would call OHI Engineering. Ms. White made the motion to issue a final, full Certificate of Compliance for 45 Old Elm Street, DEP #211-515, contingent upon receiving a letter that the restoration area was constructed properly. Mr. Smith seconded the motion. Motion passed 6-0. 111. Agent's Notes Enforcement issue on High Street. Elizabeth received a letter from Norton Conservation Agent, Jennifer Carlino, inquiring about the basin on Rt. 495 south adjacent to the Norton Reservoir. She wanted to know when Mass DOT plans to do the final grading, loam and seed for the basin. She is concerned that turtles will emerge from the Reservoir at the end of May, beginning of June to nest in the sandy soil of the basin. If Mass DOT can finish the basin prior to the end of May, there won't be an issue but if the basin is not finished until after May/June, the turtles and/or the eggs in the basin will be crushed. Elizabeth forwarded the letter to Mass DOT and to Paul Leofanti, of J.H. Lynch & Sons, and Karro Frost, of New England Environmental, Inc. She will let the Board know their responses. Enforcement issue, Elm Street: Elizabeth spoke to the engineer, who has agreed to ask the property owner to remove the material from the stream by hand. She said they are proposing to cut the pipe in half and put a detention pond at the end of the remaining pipe so it will not discharge onto town land. Mr. Cauldwell said Elizabeth should ask the property owner for some restoration where they excavated onto town property, maybe a swale, dam or dike with trees planted. This will be a separate filing. CSX will be starting their Right-of-Way Vegetation Management. A memorandum from Rick Alves, Interim Town Engineer, concerning the drainage repair/upgrades on otis Street. He will be filing a Notice of Intent for the proposed project. The project consists of removing the existing 18" PVC pipe due to inadequate cover and replacing it with an 18"x36" H-20 load concrete box culvert. This area of Otis Street is a scenic roadway; there are no stonewalls within the area of construction or trees that would need to be cut so no filing is planned under the Scenic Road By-law. He is filing with Natural Heritage. Outreach Announcements: The Introduction to Vernal Pools presentation was held on April 7, 2011. On Saturday, April 9th, from 9-10 am, a walk in Great Woods (parking off Oak Street) was held to identify and certify a vernal pool. Ms. White said everyone had a great time. 5 The Conservation Commission joined the Keep Mansfield Beautiful for the Great American Clean Up of Mansfield on April 30th to help with the clean-up of the Corporal Robert Francis Hardy Conservation Area, formerly Maple Park Conservation Area and the Great Woods. On April 29, 2011 Elizabeth will do two workshops on wetlands at the school for grades 6-12. Michele White told the board the Conservation Commission will be an exhibitor at the Green Schools Organization Environmental Affair at the Mansfield High School on April 30, 2011 On May 12th from 6-8 pm, Christine Odiaga, Southeast Regional DEP Wetland Circuit Writer, will do a presentation on DEP Stormwater Management Standards as they pertain to the Wetland Protection Act. Mr. Cauldweli has volunteered to do a series of Bird Waiks through local Conservation Areas. The Great Woods Walks will take place Sunday May 8th and May 22nd at 7:00 am. The Corporal Robert Francis Hardy Walk will be held Sunday May 1Sth at 7:00 am. The Judy's Lane bridge is complete. The ribbon cutting ceremony will be on April 23'd at 10:00 am. NRT will be having a Conservation Fair on October 1, 2011. The Little League contract was discussed. The Board signed the contract with the name change - from Mansfield Little League to Mansfield Youth Basebali. Mr. House asked if the Board needed to look at the Mansfield Soccer Fields. The Board discussed the changes to the regulations. 112. Adjournment Meeting adjourned at 9:30 pm. Next meeting will be May 16, 2011 at 7:00 pm. (P,L,(7J"..JAud CC~ Colin Cauldweli, Chairman 41r; /(. 12-011 Date 6