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HomeMy WebLinkAboutCONSERVATION 11052012TOWN OF MANSFIELD CONSERVATION MINUTES NOVEMBER 5, 2012 Present: Joseph Mulkern, Chairman; Colin Cauldwell, Vice Chairman; Paul Boyden; Michael Healey; Carole Matthew; Elizabeth Leidhold, Conservation and Environmental Planner. Also present: Scott Goddard, Manager and PWS of Goddard Consulting LLC and Mark Perron, T & M Realty Corporation, the applicant. Meeting called to order at 1:00 pm. Mr. Goddard submitted Requests for Determination of Applicability for 335 and 375 Gilbert Street on behalf of Mark Perron of T & M Realty Corporation on October 10, 2012 for the October 15, 2012 meeting. Mr. Goddard and Mr. Perron had been told numerous times the submittal date for the October 15`h meeting and to file an Abbreviated Notice of Resource Area Delineation. Mr. Goddard was informed he would have to be on the November 19, 2012 agenda but because the legal deadline for holding a public hearing within 21 days of submittal could not be met, Mr. Goddard asked that a special meeting be held. The Request for Determination of Applicability for Lot 3, 335 Gilbert Street, Map 4, Parcels 14, 15 and 137 was filed to verify the wetland line closest to the proposed work. A Certified Vernal Pool ( #2937) is within the bordering vegetated wetlands located on the right side of the property with two additional vernal pools in the back of the property on the remaining land of Massapoag Realty Trust. The limit of work for the house and septic system is greater than 100 feet from all bordering vegetated wetlands and the boundaries of the Certified Vernal Pool. The Request for Determination of Applicability for Lot 1, 375 Gilbert Street, Map 4, Parcels 25, 26 and 136 was filed to verify the wetland line closest to the proposed work. There are bordering vegetated wetlands along the entire southern edge of the property as well as the west side. A vernal pool is located to the back right side of the property. Mr. Goddard explained that the Requests for Determination of Applicability for 335 Gilbert Street and 375 Gilbert Street were filed to determine the extent of jurisdiction within the proposed house lots, driveways, septic systems and utilities. He told the board the boundaries for both properties were verified in 2001 by him and Michele Grenier through an ANRAD filing. He said the 150+ acre parcel was approved as a 6 -lot subdivision that, because of financial issues, was never constructed. These two lots and an additional lot are ANR lots approved through the Planning Board (Lots 1, 2 and 3). Mr. Goddard said the houses would be more toward the front of the properties and, because of soil conditions, the septic systems would be to the rear of the properties. Mr. Goddard told the board he filed with NHESP for a MESA review because the proposed project is within the habitat of Blanding's Turtles, a "Threatened" species. He said during the construction, the applicant will take all measures necessary to protect the habitat as per a construction plan submitted to MESA. The MESA report was not submitted with the filings. 1 Mr. Goddard told the board he reviewed the delineation line from 2001, replaced some of the missing flags, and re- delineated a portion of the line in the left front (flags Al -A20) and the upper right side of the property (61 -137) at 375 Gilbert Street. Mr. Goddard said the limit of work is greater than 100 feet. Elizabeth's comments: The wetland line at 375 Gilbert Street contains 200+ flags and 335 Gilbert Street has 100+ flags. She explained this would be considered a new delineation because some of the line has been re- delineated by Mr. Goddard. She said there are flood plain issues at 375 Gilbert Street and there is no record Mr. Goddard has spoken to MESA. She said this work would not be accepted in other towns. Elizabeth cited 310 CMR 10.05, paragraph 4: [to establish the extent of bordering vegetated wetland and /or other resource areas on land subject to protection under M.G.L. c. 131 § 40, applicants may use the Abbreviated Notice of Resource Area Delineation for the confirmation of a delineated boundary of bordering vegetated wetlands and /or other resource areas on the site, prior to filing a Notice of Intent for proposed work. Alternatively, the boundary of bordering vegetated wetland or other resource areas may be determined through the filing of a Notice of Intent], 3. [To confirm the boundaries of resource areas and certify that the requirements of 310 CMR 10.02 (2)(b) 2. will be met for activities in the Buffer Zone, applicants shall use the Abbreviated Notice of Resource Area Delineation). Elizabeth told the board she repeatedly asked Mr. Goddard to submit an Abbreviated Notice of Resource Area Delineation, as stated on the Site Inspection Report of October 4, 2012. He was told the deadline to file for the October 15, 2012 meeting but did not submit in time to be on the agenda. She recommended the board issue a Positive Determination and ask that the applicant file an ANRAD. She suggested the board might want to have an outside consultant review the delineation. Mr. Cauldwell told Mr. Goddard that the board can review the wetland flags as presented on the submitted plan but said the board cannot make a decision on an ORAD issued 11 years ago; the GRAD filing of 2001 does not qualify for the Permit Extension Act. Elizabeth said the plans submitted with the RDA do not show the location of the re- delineated flags. Mr. Cauldwell said the applicant will have to hire a consultant. Ms. Matthew asked what criteria were used to determine the line for the Certified Vernal Pool. Mr. Goddard said it was determined by the Mean Annual High Water. Mr. Healey made the motion to issue Positive 2B Determinations [the boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination] for 335 Gilbert Street, Lot 3 and 375 Gilbert Street, Lot 1. Mr. Cauldwell seconded the motion. Motion passed 5 -0 -0. 2 Mr. Cauldwell made the motion to request an ANRAD be filled to determine the resource boundaries of 335 Gilbert Street, Lot 3 and 375 Gilbert Street, Lot 1. Mr. Healey seconded the motion. Motion passed 5 -0 -0. Hearing adjourned at 1:55 pm. Cauldwell /Healey — passed 5 -0 -0. Joseph Mulkern, Chairman - d9� -'2Ui Date