Loading...
HomeMy WebLinkAboutmin of conservation com 05/23/2005 (' 05 JUN ! 6 PH 2: 4 I Present: Paul Boyden, Chair; Carole Matthew; Christin~,w~.." ...~~~~Iin_ Cauldwell;. Marc Marc~ssen; Jack Smith; Jerry St. Hi~i",~M~~~~er, Conservation and Environmental Planner. . KECEIVEtj Conservation Commission M..tiftg ,. ?!. 0 F Fie E May 23, 2005 A letter was sent to Mark and Donna Levine. The Levines had been cutting trees and clearing brush for a ball field. They had not check with Conservation before cutting and Michele had asked them to stop. They came to the May 9th meeting to discuss the violation and to arrange a time for a site walk. The cutting and clearing of the land is within an Estimated Habitat of Rare Wildlife. The work is not within a wetland or near a vernal pool. The property is approximately % of an acre. It is an upland area with no wetlands on the property. Colin made a motion to vote to ratify the letter and Enforcement Order for 56 Pattys' Road. Jerry seconded. Passed 6-0. ;- Michele feels the area can be left as is, have the Levines replant the trees or file a Notice of Intent for the work they want to do. Carole: No work should have been done in this area. We have never allowed the cutting of trees or work in a Natural Heritage Area and if we allow the Levines to file a Notice of Intent we will be setting a precedent. The Levines need to follow the state regulations and the town By-Law. Colin wanted to know if there were any restrictions on the deed. Mrs. Levine says there are no restrictions and nothing in the disclosure at the sale of the house. Paul wanted to know if there is a plot plan showing the disturbed area. Mrs. Levine has the plan and will bring it to Michele. Paul would like pictures taken and site walk scheduled. Jack would like to see the property. Colin and Marc will take a look at the site on Wednesday, May 25th at 5:00. The Levines will be present. Michele spoke to Jenna Garvey at Natural Heritage. They do not want to get involved at this time and will leave it up to the Conservation Commission since .-. the town By-Law overrides the state. (' The Levines need to come back to the June 13th meeting. Attorney Arthur Russo attended the hearing, representing Jason Sisto. The violation: Clearing of trees and vegetation within a Bordering Vegetation Wetland without a Notice of Intent. The land was cleared by Ryan J. Boire, Land Clearing and Logging, on May 11th. Trees were being ripped out of the wetlands and Michele feels it is probably not fixable. Attorney Russo read a letter from Jason Sisto. In the letter he states he was clearing the land to build a house and had called Town Hall to see if he needed permission and was told no. He said he was not aware that he needed a permit to cut. Paul feels the contractor should have known the area was wet. The contractor was also issued an Enforcement Order and fined. The contractor will have to restore the site to its natural state-restore any altered areas and replace the trees ;- removed. The contractor will have to present a restoration plan to Conservation for approval. Jason Sisto needs to have the site delineated by a wetland scientist, approved by Michele, by June 30th. The wetland consultants he has contacted are unable to do the delineation for at least 3 months. He has met with Aimee Viens of Pare Engineering Corp. and she will be able to do the delineation immediately. Colin made a motion to vote to ratify the Enforcement Order for Balcom Street issued to Jason Sisto. Marc seconded. Passed 7-0. Michele would like the fact that Jason Sisto did not call any consultant companies in Massachusetts for a wetland consultant written in to the minutes. Aimee Viens is from a company in Rhode Island. Carole made a motion to vote to ratify the Enforcement Order issued to Ryan Boire Land Clearing and Logging for Balcom Street. Colin seconded. Passed 7-0. ( .-. Ron Tubman, a land surveyor and Matt Long, from Coler and Colantonio were present. Michele and Ron walked the site 2 weeks ago. Michele had reviewed the wetland lines and wanted some wetland flags moved. Ron Tubman has made the changes and submitted a revised plan. There are approximately 59 acres in Wayside Estates with frontage on Saddle Ridge Road, Old Farm Road, Wayside Drive and Carriage Lane. The parcel is between the Bungay and Wading River watersheds. This is a subdivision, half of which was completed in the 1970's (the northern half). The 59 acres is the second half that was never completed. The infrastructure for the remaining half was built and includes a stormwater system, road cuts and catch basins. The stormwater system has maintained some function of carrying stormwater off of the site. There are isolated wetlands, man-made wetlands and Bordering Vegetated Wetlands on this property. Some of the pre-existing wetlands are now connected and some of the roadway cuts are now part of the wetland complex. .-. There are vernal pools in wetlands 1, 9, 12, and 3. Wetland 12 is not a natural wetland and wetland 9 is a natural cranberry bog. No project is proposed at this time. No elevation or flood study has been done. Carole would like to request that the vernal pools be certified. Another plan designating the vernal pools needs to be submitted. Carole made the motion to accept the delineation for "Wayside Estates" as presented in the revised plan dated May 23, 2005 with the following stipulations: the vernal pools in wetlands 1, 9, 3 and12 be certified, another plan be submitted designating the vernal pools and the intermittent streams be located and delineated. Christine seconded. Passed 7-0. Stacie and James Hooper were present along with Earl Chartier from RIM Engineering. ~ ( The applicant proposes to construct a 36x60 dwelling, driveway, 24x24 detached garage within the 100 ft. buffer zone of a BVW. Siltation control is to be staked in place prior to construction and maintained until all work is completed and the area has been loamed and seeded. All gutters are to be tied into a drywell to reduce the off site flow. Michele has walked the site twice and the wetland line is delineated correctly. There are no vernal pools on the property but there is wetland. There are no endangered species on the site and the wetlands are being preserved. She also asked RIM to take the house out of the 50 ft. "no touch" zone. A new drawing, revised May 19th has been submitted. The garage has been eliminated. A shed will be built instead. Christine would like to know the distance to the culvert and if the stream is intermittent or perennial. Colin agreed. Michele feels the stream is not within 100 ft. of the property-probably more than 200 ft. .-- Christine would like the Order of Conditions to require, after construction, fencing (either a "living" fence, chain link, wood or granite posts) to mark the "no disturb" area and signage to read "Environmentally Sensitive/No Disturb Area", to be posted every 50 ft. The signs need to be on posts, not on the trees. Michele said that the house is 50 ft. away from the wetland, that no other house in the subdivision is 50 ft. away and that this is all upland area they are building on. The Hoopers are at this hearing to get a permit because they are within 100 ft. ofthe wetland. Colin made a motion to accept the plan as drawn by RIM Engineering, dated May 19, 2005, further noting that the Commission requires a line delineating the 50 ft. "no disturb" zone, that it be designated by a "living" fence or other fencing, subject to the approval of the Conservation Agent. Also that the 50 ft. "no touch" zone be delineated as such during construction so the construction crew will not enter (Mr. Chartier stated that the siltation control will be in place before construction). Siltation fencing needs to be inspected prior to construction and permanent signs, to read "Environmentally Sensitive/No Disturb Area", need to be put up after construction is completed, to be placed every 50 ft. on posts, not on trees. Also that a Deed Restriction be placed on the deed and that Conservation receive Book/Page reference of the initial filing-the restriction should read: The line delineating the 50 ft. "no disturb" zone (delineated by the "living" fence, chain link, wood or granite posts) is permanently in place, no disturbance beyond 50 ft. ~ Christine seconded. ( Passed 7-0. Mr. Volpe, the applicant, and William Whalen of W. T. Whalen Engineering Co. were present. Proposed project: Repaving a private way to a uniform width and grade. A small portion is located within the 200 ft. riverfront area. Michele has reviewed the wetland and riverfront lines and has approved them. The area within the riverfront is the corner of an existing road that the Town of Mansfield requires to be raised slightly to re-direct the drainage away from the river. A line of hay bales should be placed at the limit of work. Michele has no concerns and recommends issuing the Order of Conditions. .-. Christine made a motion to accept the Order of Conditions based on the drawing dated April 28, 2005, with the condition that hay bales be put in place and that Michele to be notified when the hay bales are in place for inspection. Colin seconded. Passed 7-0. Thomas McGuire, District Environmental Engineer, for Mass Highway Department-Vegetation Management, Route 1-95 from North Attleboro town line to the Foxborough town line. The majority of the vegetation management will be done by mowing, hand cutting, etc. (95%). 4% is done by using textile plastic fabric under guardrails to prevent vegetation growth. Only 1 % is done by the use of herbicides. Herbicides to be used are Oust Extra and Glypro Plus and will be applied by low pressure spraying and will be applied only to the foliage of the plants not on bare ground. All herbicides to be used have been approved by the Department of Agriculture for use in "sensitive areas". Sensitive area restrictions apply to public ground water supplies, surface water supplies, private drinking water supplies, riverfront areas, wetlands and certified vernal pools. There are "no spray" zones and others designated as alternate-year spray zones (zone 2). .-. These zones will be designated by colored plastic reflectors attached to the guardrails. A blue reflector designates the beginning of a "no spray" zone, a ( brown reflector marks the beginning of a "limited spray" zone and a brownlblue reflector designates the beginning of an alternate-year spray zone. The spraying will be done by Vegetation Control Services, Inc. of Athol. Colin made the motion to accept as presented. Carole seconded. Passed 7-0. 1. Jake's Way. Jay Zola and Peter DeGirolamo were present. Lots 7,9 and 11 need Conservation Restrictions, to be recorded at the Registry of Deeds. They have the restriction for lots 9 and 11 but not for lot 7. Mr. Zola would like a partial Certificate of Compliance issued for sixteen of the lots that have been sold or are in the process of being sold. Lot numbers are 3, 4a, 5, 6a, 8a, 9, 10a, 11, 12a, 13, 14a, 15, 16a, 18, and 20. That would leave the Commission with 8 lots as security for the completion of Bay Brook Village's obligations. ;- Marc made the motion to accept the partial release for the lots listed above excluding lot 7 until there is a restriction order on the lot. Colin seconded. Passed 7-0. 2. Formerly Nicole Village, Map 40, Lot 103 Nicole Road. Jay Zola would like the Commission to review the Conservation Order and accept the land donation. There are 15 acres total-there is a conservation restriction on 13 acres and there are 2 acres of buildable land. The Natural Heritage has confirmed that the land is near or within an actual habitat of the Eastern Box turtle and the marbled salamander. Carole would like paragraph 3, parts 1 and 2 removed from the Conservation Restriction. Since it was written by the Natural Heritage, Mr. Zola does not feel he can amend the restriction. Mr. Zola wondered if the Commission will want the land if the restriction can't be amended. Paul feels Michele should call the Natural Heritage to see if it can be amended. All the Commission members were in favor (7-0) of accepting the land regardless if the Conservation Restriction can be amended or not. ~ 3. Michele performed a site visit at 10 Reservoir Street and notice asphalt ~ had been dumped within 100 ft. of BVW. In addition, 3 mature beech trees have been cut down. She will send out a letter tomorrow to the land owner, Gazzola Realty Trust, requesting that they submit a plan to remove the asphalt and to restore the trees. 4. 999 Maple Street: The homeowner has cleared right up to the uncertified vernal pool, probably with Dick Lewis' approval. The owner says he has a letter from Dick giving him permission to clear. Michele has the letter. 5. Miller Recycling, Plymouth Street: Paul says that rugs have been dumped into the retention pond and should be cleaned out. Michele will investigate. Colin made the motion to accept the minutes of May 9, 2005. Marc seconded. Passed 6-0, Jerry abstained ,.-. June 13, 2005 at 7:00 p.m. ~zdc)s Dae I ,,-