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HomeMy WebLinkAboutmin of conservation com 05/09/2005 (' Conservation Commission Meeting May 9, 2005 i~'~ .1'''\ \ I:,' I') ,. I.,,' 'j t",;; ,':' OFF ICE "f I, F- DM ?: l\ I ~.J Iii ~... . Present: Paul Boyden, Chair; Carole Matthew; Christine W~~ye,~iq~ll'1} Cauldwell; Marc Marcussen; Jack Smith; Michele GreniE1ti i~~~f'M~c:rrs:t Environmental Planner. Steven Klain, the homeowner, was present. Michele recommended the Commission grant the Certificate of Compliance. The drywell has been moved to the front, even further from the resource area. Elizabeth had requested these changes be made. Michele has a letter from Elizabeth accepting the plan of record, dated January 12, 2005, titled "Proposed Garage Addition" to 120 Stearns Avenue. Christine made the motion to issue a Certificate of Compliance. Colin seconded. Passed (5-0). ~ Possible violation-dumping debris and large limbs on the Spring Street parcel within 100 ft. of Bw.J and blocking a stream channel. Carl Nelson had come into the office last week and told Michele he would call her to set up a time to walk the site with her this week. She has not heard from him and feels an enforcement order should be issued Colin made a motion to send an enforcement order regarding the property on Spring Street to Carl Nelson if he doesn't come to the 7:15 hearing. Carole seconded. Passed (5-0). Possible violation-dumping debris and large limbs on the Gilbert Street property within 100 ft. of Bw.J and a stream channel. On Monday, May 5, 2005, Michele met with Bill Brown, Patricia DePoutot's brother, on the property. He removed all of the debris from the area. r' r' Paul would like Michele to send a letter to the DePoutots, letting them know that she did a site visit and has approved the clean up and that the Commission also approves. r~~_i~-,~.;:".,',..'" ;iF~ .. v, ''':''::'~:'';':::''''::':'.:' .:: ,:.: .,:; , ,:;~:i \ti:c"~Y;,"/t:/'>':_:j,"'" -,,:-, \'t!:-:-~i,:F"<~-'" David Oberlander and Peter DeGirolamo came to the hearing to discuss their non-compliance with special condition #6 of the Order of Conditions issued for this site. The restrictions concern parcels 7,9 and 11. Condition #6 stated that no Certificate of Compliance shall be issued until the Conservation Restriction on Lots 7,9 and 11 has been recorded at the Registry of Deeds. The proposed restriction shall be submitted to the Commission for review and approval. Also, no Certificate will be issued until the signage is posted along the rear of lots 7,9 and 11. The language for the signs will be finalized with the Commission prior to posting. The Order of Conditions was issued in April 2003. The subdivision plan was not approved until April 2004. r- The Order of Conditions was not recorded until 2/14/05 after lots 7 and 9 were sold. Lot 11 has not been sold. Since they do not own the properties any longer, Dave Oberlander doesn't feel they have the right to put the restrictions in place without the homeowners' permission. Since both isolated wetlands are greater than 5000 sq. ft., he feels that the Mansfield By-Law will prohibit the homeowners from doing any work in these areas. Dave also stated that the area on these lots located within the 50 ft. area is minimal. On lot 7 only 22 sq. ft. of land will be affected. On lot 9, the affected area is 2,125 sq. ft. and on lot 11, 1,278 sq. ft. is affected. Based on this information, Bay Brook proposes: r' 1. The homeowners of lots 7 and 9 will be notified by Bay Brook, of the existence of the isolated wetlands behind their property as well as the fact that the isolated areas are greater than 5,000 sq. ft. In addition, a copy of the Mansfield By-Law will be provided to each homeowner with an explanation of how the by-law affects each property. 2. Bay Brook will comply with the signage requirement. 3. Bay Brook will make a donation of $1,500.00 to the Mansfield Conservation Commission, to cover any costs that would have been associated with the Conservation Restriction being put in place on these lots. 4. If the Mansfield Conservation Commission agrees with the proposals, Bay Brook would like the requirement of the Conservation Restriction removed from these lots. r' Paul says legally we don't have the right to remove the restrictions from the Order of Conditions. Michele wanted to know if the restrictions have been put on lot 11. Dave stated they have not. Michele feels they should have been put on the deed last week. They can still go to the Registry of Deeds and have the restrictions added to the deeds. Signs should say: "Environmentally Sensitive-No Disturb Area". Signs should go up as quickly as possible. The restriction will prohibit "tree removal except for dead or diseased trees within the 50 ft. buffer zone" (Paul says the restrictions can be no more than what was required in the 2003 Order of Conditions). Dave Oberlander was also told to put the restrictions on lot 11 as soon as possible. Dave Oberlander was present. Proposed work: Reconstruction of Existing Subsurface Disposal System, upgrading to Title 5 standards. r- The system, which is a cesspool being upgraded to a septic system, will be put on the side of the house. Meets all the requirements for Title 5 with the exception of the property line set back. Michele performed a site walk on May 4th and has consulted with Scott Leite. He doesn't have a problem with the plan. Scott went out on Friday to perform a perc test. He said it passed the perc test-the perc rate is more than 2 minutes per inch. Everything will be brand new except the pipe coming from the house. Michele feels that an Emergency Order can be issued or a Negative Determination given. Christine made a motion for a Negative 2 Determination. Michele will be notified when hay bales are in place for inspection. Marc seconded. Passed (6-0). r- r- Dana Clow of Advanced Concepts and Randy Miller, owner of Miller Recycling Corp. Old Business: Construction of a portion of a water quality swale within the buffer zone, to bring the run-off to the existing detention basin. Proper delineation of the resource area was not able to be done when the plan was originally submitted. Flags 1 thru 17 needed to be put on the revised plans. Michele has visited the site and examined the plan and everything that Elizabeth wanted is now included on the plan-hay bales, siltation fencing and additional flags Carole made the motion to accept a Negative Determination for 73 Plymouth Street, Miller Recycling. Jack seconded. Passed (6-0). Dana Clow and Randy Miller were present. Proposed project: Construction of a permanent concrete scale pit and installation of a stationary truck scale adjacent to an existing site access driveway within the buffer zone to a bank resource area. ~ The scale consists of a foundation and a concrete pit and will measure 12 ft. by 72 ft. and will be 5 ft. deep. Michele performed a site walk on May 3rd. The MAHW of the River is correctly delineated. The area of the proposed scale is directly off existing pavement away from the river. The area is comprised of upland vegetation including Russian Olive, Red Oak and White Pine. There are about 25 trees, some shrubs and ground vegetation. The construction of the scale will cause the removal of 2 mature pine trees and 3 or 4 shrub-size Pine and Russian Olive. They will avoid the cutting of any Oak trees. The plan does not show the grade of the culvert and Paul would like to see this on the plan. The plan indicates a limit of tree clearing. The contractor is obligated to preserve as many trees as possible including a large mature tree in the back. A tree well will be used. They will be back to Conservation with an additional proposal for work behind the new pavement. They need a determination from ZBA for an extra trailer storage area and the r- proper treatment of that area. r- If they receive ZBA approval, they will file a Notice of Intent. Paul wants to be sure Conservation is on the sign-off list after ZBA makes a decision. Carole made the motion to issue a Negative 3 Determination with the conditions on the plans and to include the invert of the culvert on the plan. Christine seconded. Passed (6-0). Thomas McGuire, District Environmental Engineer for Mass Highway, was present. Proposed work includes cold planning, resurfacing and related items necessary to rehabilitate the roadway on Rt. 140, south of School Street to the Foxborough town line. This is a resubmittal for a Request for Determination of Applicability. A total of 2" of black top will be removed and they will be putting 5" back down. Most of the work has been done. The work left is loaming and seeding, some guard rail and island work. There is some sidewalk work to be done also. ~ Hay bales and siltation fencing are in place. They are requesting a Negative Determination and will need 3 or 4 months to finish the project. Colin made the motion to issue a Negative 2 Determination for the remainder of the Rt. 140 work. Carole seconded. Passed (6-0). The Request for Determination of Applicability for Vegetation Management was not advertised and will be put on the agenda for May 23rd. The Vegetation Management overwhelmingly is done via grass mowing (95%). Two sets of regulations govern here-the Wetlands Protection Act but primarily it is the 333 CMR 11 from the Department of Agricultural Resources and its Pesticide Control Act. They require a 10ft. setback from the BVW. Mass Highway voluntarily does a 25 ft. setback. Regulations require a 100 ft. set back from public service water supplies. Mass Highway does a 400 ft. setback. They ,r- r- have increased a lot of the minimum setback distances. This reduces the amount of sprayed area. The whole roadway will not be sprayed, just where there are guard rails, jersey barriers and sloped granite edging. Christine wants to be sure this is on the spray/no spray sketches. This will be included in the Request for Determination of Applicability. The herbicides will be applied by low pressure spraying. Products such as Oust Extra and GlyPro Plus will be used and have been approved by the Department of Agriculture and the DEP for use in sensitive areas. Spraying will start middle to late June. The herbicide is sprayed on the leaves and stems, weeds, grass and small bushes. Thomas McGuire will return on May 23rd. He would like to be put last on the agenda. Michael Trowbridge was present. Proposed work: an in-ground pool within 100 ft. of Bw.J and the Wading River. ~ The proposal is to construct an in-ground pool and fencing, to be located in the rear of the yard on existing lawn. The edge of the fencing is approximately 74ft. from the edge of the river and 62 ft. from the wetlands. The proposed fencing will be chain link or pvc. The site is limited as to where the pool can be located. The southerly side of the house is limited as it has a drainage easement and the northerly side has the septic and the driveway. The only alternative is to slide the pool towards the shed. If the pool is put in this location, there is a gain of an additional 5 feet to the River. Carole wanted to know what kind of filtering system would be used. Will it be self-contained/rechargeable. At this time, Michael Trowbridge does not know. Christine wanted to know if the lawn would be expanded and if there would be any tree cutting. The pool will be installed on the existing lawn with no landscape alterations. The area has been cleared to the wetlands. Colin-be sensitive to the chemical issues so there is no discharge into the wetlands. The Order of Conditions can't be issued tonight because there is no DEP number. r- r- Colin made the motion to accept the plan with the condition that a closed system will be used for the chemicals associated with the pool and the grass area not be extended closer to the wetlands. Carole seconded. Passed (6-0). Dr. Jerry Carr, of Carr Research and Anthony Scarpellini, the applicant, were present. There is no project proposed at this time. The purpose of the hearing tonight is the delineation. A Notice of Intent will be filed at a later date if necessary. Michele performed a site walk May 3rd. She agreed with the Bw.J line. She changed the MAHW flags and requested a new plan showing a straight line from #19 river flag directly to # 24 flag. She also requested revised plans with the removal of the buffer zones. The whole lot is within the 100 ft. wetland line but not within the 100 ft. riverfront line. r- There is no DEP number yet. Colin made the motion to accept the delineation as drawn. Carole seconded. Passed (6-0). The Applicant has requested a continuance until June 13th. Colin made the motion to continue Mansfield Crossing to June 13th. Christine seconded. Passed (6-0). Donna and Mark Levine, the homeowners were present. ,r- Land was cleared within a Natural Heritage Area. The Levines did not check with the Conservation Commission before cutting the trees. They were asked to stop work and come to the hearing on May 9th to discuss the clearing and to arrange a site visit by the agent. -- Michele asked the Levines to stop working in the area and they have. Michele has not been to the site. Mrs. Levine says the area was being cleared for a play area and that only 12 to 15 saplings and some brush has been cleared. Colin wondered if there were any restrictions on the deed. Mr. Levine is not aware of any restrictions. Christine wanted the Levines to know that the area they live in has vernal pools and is a habitat for rare and endangered species. Michele will go to the site on Tuesday and will let the Levines know if they need to return May 23rd. She will also check to see if there are any restrictions on the deed. Because they are in a Natural Heritage Area where no cutting is allowed, the levines will probably have to replant the trees. ~ 1. Village Landing: Michele received a request to put in a walking path through the woods with 7 workout stations. She went on a site walk. They are staying out of the 25 ft. "no touch" zone but will be working within 100 ft. of the Canoe River. No trees will be taken down, only low vegetation will be removed and wood chips will be used on the pathway. The Commission would like a Request for Determination of Applicability filed. 2. Herb Hawksley would like to donate a piece of land that abuts the Canoe River and NRT land. There is a problem with ownership of the land. Lenny Flynn is looking into the matter. 3. Village at the Pointe, Reservoir Street. The Order of Conditions expired in 2004. Michele has asked them to file a new Notice of Intent. 4. South Main Street. Michele and Dave Field went to the site on Friday along with Chris Ross from DEP. Dan Clemmey was also present. ZBA had granted a variance to the Clemmeys so they did not have to make a real parking lot and the area is now 100% silt. r- Chris Ross from DEP has told the Clemmeys they will need to excavate the area. r- Michele called the EPA. They were reluctant to get involved but she feels they should because it is a direct discharge. Chris Ross had Michele give him copies of the pictures taken Friday on the site walk and he will discuss the matter at DEP. He will get back to Michele sometime next week. 5. 900 Maple Street. Michele needs to do a site walk and will get DEP involved. 6. The Commission decided that all RDA's will be advertised for 7:00. A motion was made by Colin to accept the minutes of April 25th. Christine seconded. Passed (6-0). Motion: May 23, 2005 at 7:00 p.m. t/roj/J!5 crate r- r-