HomeMy WebLinkAboutCONSERVATION09192011
MANSFIELD CONSERVATION
MINUTES
SEPTEMBER 19, 2011
Present: Colin Cauldwell, Chairman; Michele White, Vice Chairman; Joe Mulkern; Paul Boyden; Carole Matthew;
Jack Smith; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner.
11. Meeting was opened at 6:45 pm.
6:45 pm: Lou Andrews/NRT in to discuss transfer documents from 2010 town meeting.
Mr. Andrews said he received the Conservation Restriction and Easement back from the state.
Under I. Purposes, on page two (2): F. Water Quality and Protection of Wetlands was added because the
Rumford River flows into the wetlands.
Under II. Prohibited Acts and Uses. on page two (2): A. the wording 'Except for bridges over the Rumford River,
referred to in Paragraph III below" was added.
Under III. Permitted Activities and Uses, on page three (3): "the Restriction would not prohibit the construction of
a second bridge across the Rumford River off South Main Street" was added.
Mr. Andrews said he will try to file the copies within the next week. He said the documents will have to be signed
by all the members of the Conservation Commission and NRT and then the documents will be sent to the Secretary
of Energy and Environmental Affairs for a final signature. The documents will then be recorded at the Registry of
Deeds. .
Mr. Andrews said the transfer documents are done. He said the cost of mailing them will be between $450-$600
dollars.
A motion was made by Mr. Boyden to take the money from the Discretionary Fund to pay the mailing costs.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
Mr. Andrews said he would pay for the cost of registering the documents and then will be reimbursed.
He reminded the board of the Conservation Fair on October 1st. He said he will be building duck boxes. NRT will
be paying for some of the cost of the lumber for the boxes but asked if the board would consider contributing to
the cost. The board will donate $100.00 toward the cost.
He said he will be making up kits for the kids to make the boxes themselves. A map of pre-designated spots will
enable the kids to pick a spot for their box.
Mr. House made a motion to designate $100.00 for the Conservation Fair for the duck boxes.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
As an Eagle Scout project, Mitchell Negus will be constructing a footbridge to span the small stream that flows in
front of the Jordan/Jackson Elementary School. At the hearing in August, Mitchell discussed proposed changes to
the plan - DEP #211-0866.
The original design approved at the March meeting called for a set of stairs on either end of the bridge. When the
project was presented to the Seiectmen, it was suggested a structural engineer design the bridge. Mitch consulted
with an engineer and a plan was devised to build the bridge from the top of one bank to the other, avoiding the
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need for the stairs. The bridge would require two concrete pads be placed at either end of the bridge where it
meets the top of the bank. Two sets of three sonotubes would be placed on either side of the brook.
Elizabeth said it is a substantially different project then was originally presented. She said there are specific
conditions: footings are to be excavated by hand, the Bank in the area of the proposed bridge is to be restored
with vegetation approved by the Conservation Commission and the work is to be done in the summer months
when the intermittent stream is at its lowest level or dry. Mitchell said he is still planning to put down loam and
grass seed or vegetation to prevent future erosion. He said he will need to place a layer of gravel because the
concrete pads need to sit on gravel.
Elizabeth said it is a good project but very different from the original proposal. She said the board can handle the
differences in an amendment to the original Order. She said hay bales and silt fence should be put down gradient
from all excavation.
Mr. Smith said it is a good project.
Ms. White said it is a better design than the original. It increases the accessibility. An Amended Order should be
given for this pian because it is vastly different from the first plan which had four cement footings. The new plan
calls for eight footings.
Mr. Mulkern made motion to accept this plan pending Elizabeth going out to the site and agreeing with the new
project.
Mr. Smith seconded the motion.
Ms. White asked if the motion include the filing for an Am'ended Order. Mr. Mulkern said yes but Elizabeth would
have to oversee the project. Ms. Matthew asked if Elizabeth was Willing to do this.
Mitchell said he would like to start as soon as possible. He told the board he has to have the entire project
completed before April 3, 2012 because he has to be "eagled" by his eighteenth birthday.
Because it is a new project, Mr. House asked if the board could re-write the Order to state the project can be done
in the winter or when the water is lowest, instead of the dry season. Mr. Cauldwell said he might run into frost if
the project is delayed. Mitchell said the concrete needs to be poured before the ground freezes.
Mr. Mulkern asked if Mitchell could pour the concrete first, then come back with the Amendment to the Order.
Elizabeth said the Amendment is not on the agenda; it has not been applied for or advertised. She said the board
can extend the window under the Amended Order so he can work in November or December.
Mr. House asked if the Amendment needed a public hearing; if so, the motion made would be out of order. Mr.
Mulkern withdrew the motion.
Mr. House made the motion to have Mitch Negus to apply for an Amended Order.
Ms. Matthew seconded the motion.
Motion passed 7-0-0.
I 2. Request for Determination of ApplicabilitY - Fred Giovino, 252 Pratt Street, Map 30, parcei 15.
The Request for Determination of Applicability was filed for the construction of a detached two-car garage to the
rear of house
William McDermitt, the contractor, and Fred Giovino, the homeowner, were present.
Elizabeth said the garage will be constructed approximately seventy feet from the wetlands; the wetlands are
located directly behind an existing shed on the property.
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Elizabeth recommended toed-in silt fence to be installed at the limit of work, approximately 25 feet around the
proposed project. The erosion controls are to be inspected by Elizabeth before any work begins.
Mr. House said the wetlands are not marked on the plan. Mr. McDermitt submitted new plans with the wetlands
delineated. Both plans will be included as plans of record.
Mr. Boyden made the motion to accept the plans as submitted, dated May 25, 2010 and the amended plan, dated
September 19, 2011. (Plan "Plot Plan of 252 Pratt Street showing approximate garage location", dated received
August 16, 2011, and "Certified Plot Plan of 252 Pratt Street showing approximate wetland location", dated
received September 19, 2011)
Because the distance between the proposed garage and the wetlands is not correct, Elizabeth changed the
measurement from eighty-seven feet to the correct measurement of seventy feet. Mr. McDermitt initialed the
change.
Ms. White seconded the motion.
Motion passed 7-0-0.
I 3. ReqUestfOl'[)ete[mination of Applicability - Peter M. Crotty, 208 Willow Street, Map 28, Parcel 2.
The Request for Determination of Applicability was filed for the construction of a 24' x 24' two-bay garage within
the Outer Riparian Zone to Rumford River.
Mr. and Mrs. Crotty were present.
The proposed work will be on existing lawn on the west side of the house and within 146 feet of the Rumford
River. Cabot's Pond is to the left of the house.
Elizabeth said an alteration of the Outer Riparian Zone is allowed under 310 CMR 10.58 as long as there is
compensation for the alteration. She recommended Mr. and Mrs. Crotty plant two or three shrubs in the area
adjacent to Cabot's Pond. She said erosion controls are not necessary because the area is level.
Ms. White made the motion to issue a Negative 3 Determination for a two-car detached garage at 208 Willow
Street. (Plan - "Garage Plot Plan 208 Willow Street", Michael Trowbridge, Registered Land Surveyor, Hutchins-
Trowbridge Associates, Inc., dated June 2, 2011)
Mr. House seconded the motion.
Motion passed 7-0-0.
14. Requestfol'.(,;eHfti€$teOfCorllpliance: Elwood Sheppard and Carl Nelson; 160 SpringStreeE. DEp#211-84
Jim Lazzara, the owner of the property, was present.
Mr. Lazzara is requesting a Certificate of Compliance for work that was permitted twenty-eight years ago but never
done. The proposed work was the expansion of Cabot's Pond; the pond was to be expanded by ten acres. The
Order of Conditions was recorded at the Registry of Deeds. Mr. Lazzara told the board he wants to clear the deed.
Ms. White said the wording on the request is that the above reference Order of Conditions has lapsed and
therefore is no longer valid and the work regulated by it was never started.
Mr. Boyden made the motion to issue a Certificate of Compliance for DEP #211-84.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
I 5. Recj\1estforrbeteWl116ationofApplicability -Richard Alves, Morrison Well, 311 Plain Street,Map!, Parcel 26.
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Richard Alves, Town Engineer, was present.
The Engineering Division is proposing to install a new I" water service on the west side of the existing gravel
roadway, approximately 1,500 feet from the water treatment plant. Erosion and sedimentation controls, including
silt fencing, shall be installed upslope of all vegetative areas. The disposal of any material into the wetlands,
streams or other water resource areas will not be permitted. As such, all heavy equipment needed for this work
will be within the existing gravel roadway (the access path) and all care will be taken to prevent any adverse
impacts to the resource area.
The work area will be on Plain Street at Morrison Well #10 and Mahana Well #6, just north of Interstate 95. Mr.
Alves told the board the Morrison and Mahana Wells are active wells. The location of the service Is on the opposite
side of the existing wetland.
Mr. Alves said DEP has directed the Mansfield Water Division to achieve the new 4-Log Inactivation of Viruses
Regulation Ground Water Rule (GWR) of the water that is being pumped from these stations. To meet the ground
water rule regulations, the town must maintain a 24 hour reading of the chlorine residual level from the treatment
plant chlorine injection pump, approximateiy 1,500 feet from the pumps.
Elizabeth said it will take only a few hours to install the line and fill in the trench; because of this, she said she does
not have a problem with the project. She asked that the work not be done while it is raining.
Ms. White made the motion to issue a Negative 3 Determination of Applicability for the new water service at 311
Plain Street. (Plan - "Morrison Well Site", dated September 1, 2011)
Mr. Boyden seconded the motion.
Motion passed 7-0-0.
16..ReqUestf()r.6etetmjl1~tiQnofApplicabllity: VAMRealtyTrust, 241 Francis Avenue1fv1ap 30,Pa(CllI76.
The Request for Determination of Applicability was filed for the installation of ground mounted solar arrays in the
southeastern most portion of the site, in the existing paved areas. Pole mounted solar arrays will be constructed
within the limits of an existing detention basin.
Charles Canali, VAM Realty Trust and Richard Barthelmes, Lynnfield Engineering, Inc. were present.
At the August hearing the applicant was asked to prOVide information on the impact to the detention basin and its
holding capacity when the solar arrays are installed. The restoration area needed to be inspected.
Mr. Canali told the board a diagram with a table concerning the displacement was filed with the original application.
Ellizabeth said the grass seed has started to grow but the area is very sparse. Mr. Canali said he has put additional
grass seed in the restoration area.
Mr. Barthelmes told the board the applicant will be installing fifty-one 24-inch concrete columns to set the solar
arrays on. He said measurements were calculated by taking the area of the columns multiplied by the height of
the columns; a total of 474 cubic feet would be displaced.
Mr. Barthelmes said as part of the construction, the approximately 27,000 cubic feet of rip rap at the bottom of the
pond was removed. Table 1 indicates no reduction in detention basin capacity will result due to the installation of
the solar arrays.
Elizabeth asked if the function of the detention basin would be the same. Mr. Barthelmes said yes, the pond is
control by a 24-inch outlet pipe that is set 2 feet above the bottom of the pond, creating additional storage below
the outlet pipe.
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Mr. Cauldwell asked if there is an Operations and Maintenance Plan. Mr. Canali said no. Mr. Cauldwell asked that
an 0 & M Plan be drawn up with a schedule of maintenance.
Ms. White made the motion to issue a Negative 3 Determination for 241 Francis Avenue with the condition that the
area cleared that was referenced in the Enforcement Order, dated June 27, 2011, be reseeded and inspected by
the Conservation Commission to ensure successful restoration of vegetation. (Plan "VAM Realty Trust, 241 Francis
Avenue, Solar Array, revised July 21, 2011 and "Table No.1 Solar Array VAM Realty", received July 29, 2011)
Mr. Mulkern seconded the motion.
Motion passed 6-0-1
17. Notlc;eofIriferif:Yil;iP9VeBuildingRealty Trust,1l0Spring Street,Map 28,Parce1157. DEP#211-0870
The Notice of Intent was filed for the construction of a single family dwelling and grading within the 200 ft. Outer
Riparian Zone and within the flood plain.
Jim Lazzara, the property owner, and Paul DeSimone, Colonial Engineering, Inc., were present.
At the August hearing, Mr. DeSimone was asked to provide more information: an alternative analysis, address the
Town Engineer's comments, clarify the issues for Lot I, submit a resource area improvement plan and an updated
plan with spot elevations.
Elizabeth told the board that the applicant has prOVided a more comprehensive Alternatives Analysis and will not be
doing any work in the Inner Riparian Zone. She said they have submitted information on the impacts to the flood
zones and the compensation. She asked Mr. DeSimone if he has submitted all the new information - the
Alternatives Analysis and the revised plan - to DEP. Mr. DeSimone said he would send all the information to DEP.
Richard Alves, Town Engineer, in a memorandum dated August 10, 2011, stated that based on a FEMA 100-year
flood elevation, only the first floor of the house would be above the 100-year flood elevation; the flood elevation in
this area is roughly 134; basement slab elevations are at 135; all existing utilities, etc. will be above this elevation;
most of the lot would be flooded except for the house footprint if the 100-year flood elevation is reached; no space
below the 100-year flood elevation can be converted to living space; no equipment, appliances or storage can be
maintained below the 100-year flood elevation; no outside structures such as shed or garages, swimming pools,
filling, foundations or items that would decrease the available flood storage volume are allowed; a Deed Restriction
should be placed on the property regarding any future work.
Richard Alves, in a memorandum dated September 19, 2011, said the revised plan dated September 12, 2011,
satisfactorily addressed any remaining comments of the August 10, 2011 memorandum. In this memorandum he
stated that a copy of the deed with the recorded restrictions, along with a final as built plan of the completed work,
with certification of elevations and final fill volume and signed and stamped by a Massachusetts Professional Land
Surveyor and or Professional Engineer will be required prior to occupancy or a certificate of compliance, whichever
comes first.
Both the memorandums are to be added to the Order of Conditions.
Ms. Matthew asked what the set back from the deck to the 100 ft. Inner Riparian Line. Mr. Alves said it was 65.66
ft.
Mr. Boyden asked that the ground water table be added to the plan.
Mr. Alves suggested that signage surround the compensatory storage area so the future homeowner does not go
in, thinking it is a depression on the property and fill it in by accident. He said this should be added once the area
has been built out. The signage should be permanent and placed every 50 ft.
Ms. White made the motion to issue an Order of Conditions for DEP #211-0870 for 110 Spring Street, Map 28,
Parcel 157. The Orders are to include: A Deed Restriction on the property referencing the Town Engineer's
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memos of August 10, 2011 and September 19, 2011; memos are to be attached to the Order of Conditions; three
permanent signs reading "Environmentally Sensitive Area - Do Not Disturb" be placed at the limit of work on 50 ft.
centers, on metal posts; once the area has been built out, the compensatory storage area for this lot, located to
the south on Lot #3 is to have permanent signs, reading "Environmentally Sensitive Area - Do Not Disturb", placed
on 50 ft. centers, on metal posts and surrounding the entire area; straw waddles are to be installed and inspected
by the Conservation Agent prior to the start of work; the revised pian is to show ground water depth; an as built,
signed and stamped by a professional Engineer or land surveyor, should be submitted prior to the issuance of a
Certificate of Compliance; a copy of the Deed with the recorded restrictions will be required prior to occupancy or a
certificate of compliance, whichever comes first.
Mr. Smith seconded.
Motion passed 7-0-0.
8./N()~iS~{qf;f6te'I1!1{~F~hFeck'lC:hrlstian& Feck. [5evelopment
DEP,#211,0856'iE"2E,"
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 wetland filling and a stream crossing is proposed.
The applicant has requested a continuance to the October 17, 2011 meeting.
Ms. Matthew made the motion to continue the hearing for Dolan Estates to October 17, 2011.
Mr. Mulkern seconded the motion.
Motion passed 7-0-0.
9. Notice of'Intent::Thomas Johnson (Reit Management & Research LLC) 44 Cabot Boulevard, Map Parcel DEP
#211-0869 ',' -"
The Notice of Intent was file for the initiation of an aquatic management program to control nuisance aquatic
vegetation in a man-made pond. Maintenance practices will include a hydro-raking project; aeration and prudent
use of USEPA/MADAR register aquatic herbicides.
Mr. Cauldwell told the board the applicant has requested a special meeting be held next Monday, September 26,
2011. The board denied the request.
Mr. Boyden made the motion to continue the hearing for 44 Cabot Boulevard to October 17, 2011 meeting.
Ms. White seconded the motion.
Motion passed 7-0-0.
Agent's Report:
Approve the minutes of August 15, 2011. Elizabeth asked that paragraph four on page 3 be change from "mostly
non-invasive species' to "no invasive species".
Ms. White made the motion to approve the August minutes as amended.
Mr. Mulkern seconded the motion.
Motion passed 5-0-2.
The Conservation Department has received an update on Mass Highway wetland restoration and invasive species
report from New England Environmental, Inc.
Elizabeth asked that the board approve, as per the Order of Condition for the Mass Highway project, the invasive
species removal plan.
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Mr. Boyden made the motion to accept the plan to control invasive species.
Mr. House seconded the motion.
Motion passed 7-0-0.
The Conservation Department has received a monitoring report for the Maple Street (Map 38, Parcel 46) project
from LEC Environmental Consultants, Inc.
Elizabeth told the board the project has started; erosion controls have been instalied and some trees have been
cut. Elizabeth has Inspected the erosion controls. She has asked Mark Manganello, the Wetland Monitor, to
provide regular monitoring reports.
Karro Frost, the Wetland Monitor for the Mass Highway project, has asked that the board approve a third monitor
to oversee the project while she is on vacation; the second wetland monitor has another project to oversee.
Elizabeth told the board major work Is proposed In the next couple of days; they are currently doing work in the
Riverfront Area, cleaning out the culverts and working on the airport bank restoration. She said she would feel
more comfortable waiting until Ms. Frost returns from vacation.
Outreach announcements:
Ms. White reminded the board of the NRTjConservation Fair on October 1, 2011 on the south common from 10 am
to 3 pm. She said she will be setting up a table.
She has been working with the town's GIS Department to create maps of hunting areas within Conservation land.
She said she has rough drafts of the maps but nothing has been finalized.
She told the board there will be a high school student doing his senior project with the Conservation Department.
With the help of the student, she hopes to be able to address some of the projects the Commission has been
unable to get to such as trail maintenance, trail clean-up and the marking of the boundaries.
Mr. Cauldwell told the board for the Conservation Fair there will be activities such as a walk in the Great Woods at
9:00, activities at Fulton's Pond, kayak displays, other water-related displays, kid-related activities and contests
such as finding and measuring the largest tree in the Town of Mansfield. He said the Selectmen have approved
the closing of Park Row for the Fair.
Mr. Cauldwell told the board that Selectman Moran discussed the Outreach program at a recent meeting. Mr.
Moran said the program was doing a great job informing the community of the many functions of Conservation.
Oldj New business:
190 Mill Street: Jeff and Sharon Watterson, the property owners, were present.
Elizabeth: A letter with an Enforcement Order was sent on August 16, 2011 (sent both certified and by regular
mall) asking the property owners to apply for a permit for work not covered under the original filing for the site.
The letter asked that the owners file the application before tonight's meeting; an application has not been received.
Mr. Watterson told the board he and his wife have been overwhelmed by the Zoning Board issues. He said he did
not know there was a time frame for the filing. This information was prOVided In the Enforcement Order.
Elizabeth said she met with the property owner on March 28, 2011 and the filing was discussed. She said the
activities that have occurred on the property that are within jurisdiction need to be permitted. She said a plan
outlining the work not included in the original filing should be submitted and the resource areas should be flagged.
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Mr. Cauldwell told Mr. Watterson when work occurs within an area under Conservation jurisdiction, a permit is
required. Work not included under the 2005 Order of Conditions needs to be permitted. The board needs to know
what has been done.
The Conservation issues include: drainage from the roof flowing into the wetlands; a stonewall in the wetland
area; fencing with gates, concrete pads; no building to the right of the original building - additional buildings have
been built on the property; no storage behind the building; an existing driveway was to the left of the house - a
new driveway was put in, to provide access to the building. The Electric Department installed a pole 10 ft. from
the wetlands. These changes were made after the Certificate of Compliance was issued in 2009.
Attorney Edward Valanzola, the representative for the abutter to the left of the property at 186 Mill Street, gave a
brief history of the zoning and conservation issues and asked the board to seek an Enforcement Action against the
Wattersons. He said they have received clear notice to file an After-the-Fact Notice of Intent.
Attorney Valanzola told the board the Enforcement Action would allow the court to oversee and establish a time
frame for the filing. He said the Wattersons would still have time to hire an engineer to help put together the
filing.
Mr. Cauldwell asked what the town's liability would be in terms of filing the Enforcement Action. He said this has
been an issue in the past; the town does not back the board in legal matters.
Attorney Valanzola said he has talked with Town Council about the legal issues regarding the Zoning Board of
Appeals and said it has been decided that this is a separate issue. The appeal is pending but this does not stop
Conservation from going forward with the After-the-Fact Notice of Intent. He said this delay is costing his client
money.
Elizabeth said Town Council recommended the board issue an Enforcement Order.
Mr. Mulkern said before the board decides to take court action is it possible the Wattersons can hire an Engineer to
get the paperwork in order and present it at the next meeting. Mr. Watterson was told to go back to the engineer
who did the original plan in 2005.
Mr. Cauldwell asked what the penalties would be for the Wattersons if the Enforcement Action was filed. Attorney
Valanzola said the court would issue fines. Attorney Valznzola said the board can vote tonight to go forward with
the Enforcement Action; the court would then issue a date for the submittal of the Notice of Intent and would
determine a monetary fine for each day after this date.
Mr. Boyden asked if Attorney Valanzola had been in contact with Mr. and Mrs. Watterson's attorney. Attorney
Valanzola said he has spoken with Attorney Mark Antine but nothing can be done until the Notice of Intent has
been file.
Mr. House suggested the Wattersons be given thirty days to file an as built showing what has been done.
Ms. Matthew and Mr. Cauldwell agreed the Enforcement Action should be filed with the court. Attorney Valanzola
said the board can still request the filing but in the interim can seek an Enforcement Action.
Mr. Mulkern made a motion to enforce the Enforcement Order and request an After-the-Fact Notice of Intent with a
plan be filed by the October 17, 2011 meeting.
Ms. Matthew seconded the motion.
Motion passed 7-0-0.
(Attorney Valanzola added "and seek an Enforcement Action because the Wattersons ignored the first Enforcement
Order".
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Mr. Cauldwell said the board is essentially asking the Wattersons to comply with the original Order. The matter
will be given to the court and if they do not comply there will be penalties.
Elizabeth asked if the board would issue another Enforcement Order tonight. Mr. Cauldwell said the board was
asking that the Wattersons comply with the initial Order.
Mrs. Watterson asked the board to investigate the property at 186 Mill Street. She said they are doing work on
Conservation Land - cutting trees and dumping yard waste. She said they ride ATVs on Conservation Land and
there is a pool in the wetlands that was never permitted. She said her father had asked repeatedly for someone to
investigate.
The board asked that Mrs. Watterson submit the list of the alleged violations and any pictures she might have.
The board will investigate.
Discussion: Perry DiMascio: 6 Shea Circle - DEP #211-0873 - Change of plan
In August of this year, an Order of Conditions was Issued for a new home at 6 Shea Circle. The potential buyer for
this property has asked that the location of the proposed house be changed. The house would be moved forward
toward the street approximately ten feet and to the right side of the property, toward "Lot 4", approximately nine
feet. The proposed move will not resuit in any change to the iocation of the limit of clearing or silt fence.
Ms Matthew asked Mr. DiMascio if he had cut trees at the 100 ft. vernal pool buffer line. Mr. DiMascio said the
trees had come down in the hurricane; he removed only the trees that had fallen. He said the silt fencing had
been damaged by the fallen trees.
Elizabeth said she is concerned there would be less of a yard with the new plan. She told the board she noticed
while inspecting the property that on the Norton side of the development post rail fences with signage have been
placed on the properties. She said this might be a way to handle a tight yard like 6 Shea Circle; the board might
want to think about making this a requirement. Mr. DiMascio told the board he suggested to the Norton board that
post and rail fencing be put on the 25 ft. line. The Norton board approved the suggestion.
Mr. Cauldwell said if the board approved this change to the plan, they should require something very structurally
significant delineating the no disturb areas.
Elizabeth said she would recommend that additional plantings be added to the areas where plantings have been
removed.
Elizabeth also said the 100 ft. vernal pool line needs to be clarified; is it from the edge of the pool, from the
bordering vegetated wetlands or the wetland around the pool? Wetland Flag 8 is the closest point to the vernal
pool.
She told the board this change would be a field modification if there is less impact on the resource areas than the
original filing.
Mr. DiMascio was asked if the potential buyer would agree to put up a fence. He said if the fencing had been
approved at the August hearing it would be something the buyer would agree to but to tell them now, because
they want to move the house, making it no closer to vernal pool, that they are required to put a fence on the
property, he said he would have to ask them if they would agree to the fence. Mr. DiMascio pointed out that on
the original plan the house is 102 feet from the rear wetland. The proposed plan is 112.5 feet from the wetland.
By moving the house forward, there would be 10 feet less of driveway impervious area.
Ms. White asked if the board had asked for signage along the driveway. Mr. DiMascio said three signs were
required, one at the corner of the house and one each at either corner of the house.
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Ms. Whte said if the house is still outside the 100 ft. vernal pool buffer and there is already signage, she does not
have a problem allowing the house to be two feet cioser. The fact the board did not require fencing for the
original house, perhaps additional signs in this area would be sufficient.
Elizabeth told the board the applicant can be required to put up fencing if an Enforcement Order is issued but the
Orders are ciosed; the board can re-open the Orders or issue an Enforcement Order to required the additional
work.
Mr. DiMascio said there were no hay bales proposed or shown on the plan due to the site's very flat topography
and there was no discussion of hay bales at the public hearing. He said item number 5 of the "Special Conditions"
of the Order of Conditions makes reference to the agent inspecting hay bales. Mr. DiMascio said even after having
sustained heavy rains and winds, there has been no sign of silt infiltration or erosion beyond the silt fence which is
in place as shown on the approved plan. Mr. DiMascio is asking to continue the project while maintaining the silt
fence as shown on the plan with the addition of hay bales only in the unlikely event that it appears that they will be
necessary.
In the areas where vegetation has been removed, Elizabeth said the vegetation should be identified and a planting
plan submitted. Mr. Cauldwell said the shrubs and herb layers should be restored.
Mr. Mulkern made a motion to allow the house to be moved where the buyer wants. A planting plan is to be
submitted.
Elizabeth said procedurally, to allow any work, even the plan for the additional plantings, there is no fliing to allow
this work unless there is an Enforcement Order Issued. There is no permit for this work. Mr. House said Elizabeth
is saying there needs to be two separate motions; the first would be for the field adjustment for the house to be
moved and the second motion would be to issue an Enforcement Order with a pianting scheme to allow for the
planting work.
Mr. DiMascio asked if the requirement would be for a planting plan or a post and rail fence.
Mr. Mulkern withdrew the motion.
Mr. Mulkern made a motion to allow for the house to be moved to the new location because it is a minimal impact
and it shortens the driveway, lessening the impervious.
Ms. White seconded the motion.
Motion passed 6-0-0.
Mr. House made a motion to issue an Enforcement Order for 6 Shea Circie; the applicant is to submit a planting
plan to be approved by the agent and re-establish the area of disturbance to protect the vernal pool (disturbance
caused by the hurricane of 2011).
Mr. Mulkern seconded the motion.
Motion passed 7-0-0.
Elizabeth will help Mr. DiMascio develop a planting scheme.
Ms. White said the Wattersons of 190 Mill Street have requested enforcement action against 186 Mill Street.
Elizabeth told the board she has noticed work being done on town-owned land in this area. She said there is a
path from 186 Mill Street to the Conservation Land.
Mr. Amos Robinson of 170 Mill Street gave the board permission to access his property to view the property at 186
Mill Street. They can also view the property from 190 Mill Street
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27 Lakeview Avenue: The homeowners were asked to file an After-the-Fact Notice of Intent. Mr. Cauldwell asked
if Elizabeth has heard anything from the property owner. Because there has been no response from the property
owners, Mr. Cauldwell said Town Council should be approached about the property.
Elm Street - Walsh property: Elizabeth has not heard from the owner. The board asked that the owner by called.
Maple Street, Map 40, Parcel 92 vernal pool: The board asked that a letter with the restoration plan be sent to the
owner to set up a date and time to view the restored vernal pool.
Mr. House told the board he was approached by a Cub Scout Pack Leader who asked if there was a project the Cub
Scouts could do in the spring. Mr. Cauldwell said the trails are in terrible shape from the hurricane and this might
be a good project for the Cub Scouts.
Ms. White made the motion to adjourn.
Motion passed 7-0-0.
Next meeting will be October 17, 2011 at 7:00 pm.
(dL (iJ &<.<M<ll
Colin Cauldwell, Chairman
1/5/;Z
Date {
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