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HomeMy WebLinkAboutCONSERVATION 03182013_201308141547Mansfield Conservation Minutes March 18, 2013 Present: Joseph Mulkern, Chairman; Christopher Marcheselli: James Turnbull; Jack Smith; Carole Matthew; Michael Healey; Elizabeth Leidhold, Conservation and Environmental Planner. 1. Meeting called to order at 7:00 pin. 2. Request for Determination of Applicability: Stan Feck, Lot 4, 15 Camden Lane, Map 7, Parcel 180. Michael Feck was present. The Request for Determination of Applicability was filed for a driveway and related grading within the 100 - foot buffer of bordering vegetated wetlands. The proposed single - family house and the sewage disposal system are outside the 100 -foot buffer but portions of an existing loam pile and the proposed driveway are within the buffer zone. Regarding Natural Heritage, Michael Feck said the project was already approved before the line was re- delineated as Priority Habitat, Under 10.13, projects or activities that were not in a Priority Habitat when proposed but the project site thereafter is re- delineated as Priority Habitat or a new species is included by the Division as Priority Habitat, are not subject to review. Michael Feck said he has called Natural Heritage requesting a letter stating the area has since been re- delineated to include Priority Habitat, and that a review is not necessary. Elizabeth asked that a letter or an e -mail from Natural Heritage be submitted. As shown on the plan, straw wattles will be placed prior to the start of work along the front potion of the driveway and along the edge of the loam pile. The erosion controls are to remain in place and maintained until the disturbed areas are re- established. Elizabeth said the lot is upland in the area of the proposed house but the slope of the land is very steep in some areas. She recommended the straw wattles be substituted for sturdier erosion controls. She asked if the Commission feels comfortable closing the hearing, pending a letter or e -mail from Natural Heritage. Mr. Healey said the erosion controls should be extended another seventy-five feet toward the west side of the property, along the edge of the roadway and up to the 100 -foot buffer zone, where the topography gets steeper, so sediment does not wash into the resource area. He suggested staked compost wattles be used instead of the straw wattles. He asked if the loam pile will be used on site or removed. Michael Feck said the existing loam pile was created when the subdivision was approved before the property was purchased by his father, Stan Feck. He said the loam pile will be removed or used for final grading or fill. Ms. Matthew asked that three permanent "Environmentally Sensitive Area - Do Not Disturb" signs be placed in the habitat area, along the 25 -foot line at flags 61 -68. Mr. Healey made a motion to accept the proposal for Lot 4, 15 Camden Lane, as shown on the plan, "Sewage Disposal Plan for Lot 4 Use. No. 15 Camden Lane ", dated February 6, 2013, and issue a Negative 3 Determination with the following conditions: the staked compost wattles be extended along the driveway an extra seventy-five feet to the west of the site; three permanent "Environmentally Sensitive Area -Do Not Disturb" signs be placed along the 25 -foot buffer, at flags 60 -68; approval is contingent upon receiving a letter or e -mail from Natural Heritage regarding 10.13. Ms. Matthew seconded the motion. Motion passed 5- 0-0. 3. Abbreviated Notice of Resource Area Delineation: Robert Vann, Bismarck Real Estate Partners, Inc., 229 and 243 School Street, Map 11, Lots 3 and 5. DEP #211 -0897 The hearing for 229 and 243 School Street will be continued until April 22, 2013. Mr. Turnbull arrived. Old Business; Request to discuss the modification to the plan of record for 315, 321, 333 and 339 School Street, Mansfield Commons, DEP #211 -0860. Attorney Edward Valanzola withdrew the request. Received a letter, dated March 14, 2013, from Sam Patel requesting an extension of the Order of Conditions for 282, 292 & 296 Chauncy Street (corner of Routes 106 and 140), Map 20, Lots 183 -185, DEP #211 -0789. Elizabeth explained the Order of Conditions was approved in 2007 and received an extension in 2010, extending the Orders to April 12, 2013. Because there is a possibility the project may change, she said if the board decides to extend these Orders again, the applicant should be made aware it is for this project only. Mr. Patel would have to file for an amendment to the Order of Conditions if the project changes. Ms. Matthew said this was a limited project for a restaurant and hotel approved May 2007 but never done. Because Mr. Patel or Edward Tartufo, his representative, was not present, Elizabeth asked that the hearing be tabled while Mr. Marcheselli tried to contact Mr. Tartufo. Mr. Healey said when the applicant or a representative is not present, it forces the Commission to act on the applicant's behalf, by doing this, it could create liability issues for the town and the Commission members. He said in the past, the Commission has always required a representative to be present. Mr. Healey said the letter requesting the extension says the site has been cleared as per the Order of Conditions and a preliminary site plan is being prepared for submission to the building inspector; once approved, Mr. Patel will have a building designed for the site and return to all necessary departments for approval. He said the Commission cannot give approval for the site when they do not know what they are proposing to do. 4. Agent's Notes: Open Space Plan Discussion: Elizabeth told the Commission the Open Space Plan needs to be renewed this year. She has contacted all the departments for updated information. Elizabeth said the Recreation Department is working on their section; the School Department has already submitted their changes; Kurt Gaffney and Lee Azinheira have updated the Water Department and Infrastructure sections. She said Lou Andrews has submitted updated information for Natural Resources Trust. She has contacted the Garden Club and will contact the Boy Scouts and the bike path representative. Elizabeth said it is beneficial to the town to have the users of open space participate. She would like to schedule an Open Space public meeting for April 22nd at 5:30 pm, before the regular meeting. Mr. Mulkern signed the Municipal Roadway Vegetation Management Plan and Yearly Operational Plan, renewing the plans for five years. Approval of minutes: September 24, 2012, October 15, 2012, November 19, 2012, December 17, 2012, January 28, February 25, 2013. Ms. Matthew asked that the September minutes be held out. Elizabeth will meet with the representatives for "Lincoln Place', 253 Branch Street. A plan approved in 2008 was for a subdivision for "Willow Crossing ". This plan showed the original delineation with a perennial stream. A new plan for a 10 -lot subdivision, called "Lincoln Place ", was submitted to and approved by the Planning Board in July 2012, referring to the Back Bay Brook as an intermittent stream. This plan was never given to the Conservation Commission. The ORAD, DEP #211 -0766, issued in June 2006 expired in 2009. Elizabeth said when the previous agent issued the ORAD, she check Modified - wetland flag 11B moved and a potential vernal pool in the D series and added the 200 -foot riverfront for Back Bay Brook - and Inaccurate - the boundaries described on the referenced plan and in the ANRAD were found to be inaccurate and cannot be confirmed. She said a new ANRAD should be submitted to verify the wetland delineation; any work proposed within the 100 -foot buffer zone or within 200 feet of the perennial stream would require a Conservation filing. The project may also require a stormwater permit. Elizabeth and Richard Alves, the Town Engineer, sent numerous memorandums to the owner of the property but he never responded. In February 2012, she told the owner the delineation was no longer valid and suggested he file an application to develop a new delineation for the line. She explained even if all the work is kept 100 feet from the jurisdictional areas, any subdivision of four or more lots would be subject to stormwater review. She said the new owner was not aware there were any issues with the property. Elizabeth explained there is a big difference as far as setbacks; a perennial stream requires a 200 -foot setback with an additional 100 feet for the inner and outer riparian. An intermittent stream requires a 100 - foot setback. She said there is nothing in the file that says the delineation was ever approved. In the Planning Board Certificate of Action, dated July 12, 2012, one of the conditions was that any outstanding comments in the June 6, 2012 memorandum from Richard C. Alves, Jr., Town Engineer and the May 1, 2012 memorandum from Elizabeth Leidhold, Conservation Department, must be fully and satisfactorily addressed. S. New Business: Mr. Mulkern asked if the parking lot at the Fairfield Green (792 West Street) is a no -salt area and if there was a designated snow storage area. He said the fences are being ruined because snow from the parking lots is being dumped over the fences by a back hoe. (There is a designated snow storage area and no road salt is to be used on site). Mr. Healey said he inspected the work area at 777 West Street on Monday, March 18th because the assistant building inspector noticed trenches were being dug close to the resource areas. He met with Colin Chernowetz of Pro -Tech Energy Solutions, LLC, the contractor for the project. All work is outside the resource areas. Elizabeth and Mr. Healey attended the DEP stormwater seminar. Elizabeth said a power point of the presentation will be on line. The Commission returned to the hearing for a request for an extension of the Order of Conditions for 282, 292 & 296 Chauncy Street. Because a representative was not present, the hearing will be continued to April 22, 2013. Mr. Healey made a motion to continue the extension request from Sam Patel for DEP #211 - 00789, 282, 292 & 296 Chauncy Street, to April 22, 2013. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. 3 Mr. Healey suggested the Commission might want to modify the Rules and Regulations to clarify the Commission's position on how to handle situations like this. 6. Adjournment: Motion to adjourn: Marcheselli /Healey. Motion passed. April 22, 2013 Joseph Mulkern, Chairman y- 20 - -.20 13 Date