Loading...
HomeMy WebLinkAboutmin of conservation com 06/27/2005 r " '"..;1. 'I',:.".. t".,t~1 '~ ", 'c. niCE r Conservation Commiasion Meeting June 27, 200k :; U :.i '3 Pi] 2: 3l. Present: Colin Cauldwell, Vice Chairman; Carole Matthews;,J~~' ~m~~ .JeITY st. Hilaire; Michele Grenier, Conservation and Environmental Pla^~:"" 1 ,tJ:) E T T 5 The Levines had taken down trees in a Natural Heritage Area. Michele says the Commission can have the Levines replant, leave as is or let them file a Notice of Intent for the work they want to do. Colin did a site visit and feels the Levines should be required to replant the area. Jack feels they should be allowed to file a Notice of Intent to replant or clean up the area and make it safe. Mrs. Levine says the area is dangerous. Michele said a Notice of Intent does not need to be filed to clean up or restore the area-the Commission only needs to decide if they will give the Levines permission to do the work they wanted to do originally. I r Carole-The Commission can't allow them to do this because the Town By-Law won't allow us to and they need to restore the area. Colin-This is a simple issue of someone in the neighborhood taking exception to what you have done, calling the Conservation Office to see if it was legal. We have to ad on all complaints and enforce the law. This did not come from a member of this Commission. He also wanted the Levines to know that if the Commission thought there was any intent on their part to violate the law, the Commission would have fined the Levines. Con Com does not feel there was any intent. Donna feels there have been a lot of misnomers about them and their property spoken in the hearings and between members of the Commission. Mark feels they have been treated unfairly. Jerry-We have not allowed this in a Natural Heritage Area in the past and he feels the Levines should restore the area. Colin wanted to knoW if there is a process that will allow the Levines to appeal to the state and Michele says there is no appeal process. r r Jerry made a motion requiring the Levines to replant the area with like species of trees-not necessary to replant same size trees- and that they be allowed to ground down the stumps. Carole seconded. Passed (4-0). Mr. Levine stated that they will be seeking legal council and will be drafting a letter to the Town Manager and the Board of Seledmen. Earl Chartier, RIM Engineering and William Richard were present. Siltation control and a portion of the tail wall are within the 100 ft. buffer zone. Siltation control will be staked prior to construdion and will be maintained until the work is complete and the area has been grassed and stabilized. The majority of the projed is outside the 100 ft. buffer zone of the wetland. There is no work in the 25 ft. or 50 ft. "no touch" areas. The hay bale line and a stormseptor are located on the edge of the 100 ft. buffer zone, except for a portion of the tail wall. r- Michele performed a site walk on 6/8/05. The wetland area is corredly delineated. She recommends the Commission issue an Order of Conditions. Carole made the motion to issue an Order of Conditions based on the site plan for 905 South Main Street, revised and dated 6-7-2005. Jerry seconded. Passed (4-0) Earl Chartier, RIM Engineering and Owen and Darlene O'Neill were present. The O'Neills were asked to file the Notice of Intent for the completed construdion of a 2-car garage within 200 ft. of a perennial stream. They are also constructing a deck. The deck will be off the rear of the house and the garage is to be extended off the left side of the house. The driveway will be extended up the left side of the lot and encompass a portion of the back of the garage. A dry well has been added to the plans. r Michele recommends issuing an Order of Conditions with a 25 ft. "no touch" line with a living fence along the river line (can be blueberry bushes or wildflowers, etc.). r T (' Carole would like the Order of Conditions to stipulate no further tree cutting in the 25 ft. area. Jack made the motion to accept the plan of June 22, 2005 and to issue an Order of Conditions with a 25 ft. "no touch" line, a living fence of blueberry bushes, wildflowers, etc. and the stipulation that there be no further cutting of trees within the 25 ft. area. Carole seconded. Passed (4-0). Raymond Hartnett and Forrest Emery of Phoenix Environmental Group were present. Proposed work: to construd a 30 ft. x 70 ft. garage, extend the driveway, retaining walls, finish grading and landscaping within the 100 ft. buffer zone. There was also an accidental alteration of 500 to 600 sq. ft. of BW'J and the restoration is included. The site is in the Canoe River Aquifer. The revised plans are dated 6-22-2005. r Michele has visited the site twice, once with Forrest Emery when he was delineating the site and last week to check the line. The wetland line and altered area is corredly delineated. She also wanted the Commission to know that Mr. Hartnett had immediately started to restore the altered area and have also replanted High Blueberry Bushes and Spice Bushes. The Cinnamon Ferns have re-established themselves. Michele also said that they have done everything that was asked of them and that Mr. Hartnett and Forrest Emery have kept her informed about what was happening on the site. Michele would recommend the issuance of the Order of Conditions. Michele wanted to know what the driveway would be constructed of. Mr. Emery said it will be dense graded gravel and will be sloped so any stormwater runoff will be minimal. The rock line drainage channel located on the northerly side of the property line will be moved and relocated southerly in side the site so there won't be any problem with runoff on to the abutters property. Michele would like to see 2 dry wells, one in front and one in back of the garage. Forrest Emery asked if the Commission would accept a 4 ft. pre-cast concrete sump with 2 or 3 ft. of stone beneath and around the wells. Michele says this is acceptable. r r y r Carole made the motion to issue an Order of Conditions and to accept the plan dated 6/22/2005 with the addition of the 2 drywells. Jack seconded. Passed (4-0). Forrest Emery will add the 2 drywells to the plans and Michele asked that the width of the driveway and what the driveway will consist of be added also. r Stephen Nelson, representing the Mansfield Health Center and Suanne Santos of Hayward, Boynton & Williams were present. Proposed work: 2 additions to the building, one toward Copeland Drive and a small addition off the side of the building away from the driveway. A small expansion of the parking lot as well as re-striping the lot will be done to get the proper number of spaces to satisfy the zoning regulations. Some small areas of the existing pavement (within the 25 ft. area and within the 100 ft. Riverfront area) will be removed. Michele has visited the site twice, once with Suanne and Stephen. The site is accurately delineated. She has spoken to Nick and they both feel the plan looks good. DEP has no comments or questions. Because they are adding more parking spaces, there is a site Review Meeting June 21 and she will attend. Before construction begins, siltation fencing and hay bales will be in place. The siltation fencing will go all around the site. Where it is hard to put the fencing, double hay bales will be used. Carole wanted to know if the areas of pavement to be removed would be restored. Suanne said the areas will be restored with either grass or similar shrubs that are already there. Colin-the detention basin is over-grown with vegetation-is it functioning at full capacity. Suanne said that while it is overgrown with vegetation, it is still functioning but that it needs to be maintained to prevent any further vegetation growth. Jerry made the motion to issue an Order of Conditions based on the plans drawn 6/1512005 and that the areas where pavement has been removed be restored with grass or shrubs. Carole seconded. Passed (4-0). ,--.. r T ,..,- Requested a continuance until July 11, 2005. Michele feels that at our next meeting with ESS, we need to bring up the fact that new construdion has a 50 ft. no touch. Colin wanted an update on Acorn Manufacturing-Michele will talk to Nick. Michele-Clemmey property-behind Staples. Has tree-cutting machinery on site, taking down trees in the wetland area. She took photographs and gave her card to the operator and told him to stop. J A letter was sent to Mr. Kevin Rettman of 531 Bird Street in regards to the pump that is dumping or removing water from the BVW. The letter was returned because the home is rented. The letter has been sent to the owners who live in Stoughton. r A letter was sent to Douglas and Amye Kelly of 241 South Main Street. They are in violation of 310 CMR 10.00 ofthe Massachusetts Wetland Protedion Act and the Mansfield Wetland Protedion By-law for diverting a stream and impounding the water in their backyard. The stream was altered about 8 years ago. Michele requested that the roots be cut that are going through the stream and that the area be cleaned so the water can run unobstruded. An Enforcement Order was sent to Steven Borghi of 102 York Road. They are in violation of 310 CMR 10.00 the Massachusetts Wetland Protedion Act and the Mansfield Wetland Protection By-law for the existing in-ground swimming pool and the addition of fill in the driveway within the BVW and within the 25 ft. and 50 ft. "no touch" zones without a valid Order of Conditions. Michele has been in contact with Mr. Borghi and has requested he come to the next meeting. r Violation: Mr. Andres Gazzolo, 10 Reservoir Street: concerning dumping of asphalt within 100 ft. of BVW-A letter was sent June 14th. He was asked to remove the asphalt. Some has been removed. Michele would like him to have borings performed to determine how deep the asphalt remains in the area and remove the remaining asphalt. She had asked him to come to the June 27th T T r r- I r- meeting with a plan for the clean up. Michele has not heard from Mr. Gazzolo. She will call or send another Jetter, requesting he come to the July 11th meeting. Motion: To adjourn at 8:30 (Jack-Carole) All in favor. Oat ext meeting: July 11, 2005 at 7:00. ~ dVfJ5 --- VICe: ChArr- ---- r 1