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HomeMy WebLinkAboutmin of conservation com 09/26/2005 :~{ 1" 'I ...~ J." IJt I VF~} 1 ':'^" -4<.-loi-._' . (., neF ICe:- Conservation Commission Meetingj OCT 25'1 ... I t.: September 26, 2005 .. Pl"1 3: I 0 Present: Colin Cauldwell, Chair; Paul Boyden; Jerry St. Hill:d.k;~~~~ew; Michele Grenier, Conservation and Environmental Planner. It, S Michele sent a letter to the homeowner, James Valentine, to let him know he was In violation for work done in the BVW and Bungay Pond without a Notice of Intent, taking down trees within a wetland and the asphalt around the house. Mr. Valentine explained that when he bought the house it had been condemned. He took down a number of trees within 25 ft. of the lake because the trees were leaning over the house. At the time, the area was not wet and he did not realize he was actually in the wetlands. Colin explained to Mr. Valentine that any work done within 100 ft. of a wetland (required by the state thru the Mass. Wetlands Protection Act) requires that he come before the Conservation Commission to explain what work is to be done and also told him that Mansfield's by-laws are more strict than the state. Mr. Valentine said he had to do the work to bring the property up to code because he could not get insurance. He explained that the trees were weakened by the installation of the septic tank. The new septic system was put in by the previous owner about 7 or 8 months ago because they could not sell the house. Colin wondered why Scott Leite would issue a permit to replace a tight tank in a wetland situation without coming before the Commission. Mr. Valentine put down the asphalt because of the tight tank. Michele will see Scott Leite, the Health Agent, to see why the Title 5 was granted before the Conservation Commission was notified because of the wetlands. Mr. Valentine wanted to know if he would be able to put stone in for drainage and a wall to protect the remaining trees. Colin told Mr. Valentine he needs to come back before the Commission with plans for the property. Michele offered to help Mr. Valentine with the plans. Paul made the motion to table this matter until the Commission gets more information from Scott. Carole seconded. Passed 4-0. Mr. and Mrs. Mahoney were present. Applicants were in violation for cutting trees without filing and were told to stop by Colin. The Mahoneys would like to cut the trees that are hanging over their home and deck and remove weeds and over-grown plants in their yard. The weeds and plants are wetland species. They will need to work in the 25 ft. "no disturb" zone. They want to clear right up to the stream running behind the house which is a "no disturb" zone from 25 ft. from the edge of the vegetated wetland, which is Speckled Alder. Colin explained to the Mahoneys that the area is an ACEC in the aquifer, which is a recharge area for the river. Michele-if there are actual dead or dying trees in this area, the Mahoneys could hire an arborist and have him certify which trees are dead and that it is a safety issue. Then Conservation will allow the cutting. They can also have the lEtIand line delineated to determine where they can work Michele feels the Commission should give the Mahoneys permission to cut 1 pine tree that is dead and hanging over their deck. . She recommends they be required to replant the cut trees and that there be no more work within the 25 ft. zone. The Commission asked that Michele make an appointment with the Mahoneys to take a look at the property. She can advise them about what can and can't be done. Paul wants a sketch from them and a date set for the site visit (within the week). Paul made the motion to table the RDA for 6 Winslow Way until Michele has made an appointment to visit the property (within the week) and has made an informal assessment. She will map out the 25 ft. area. The Mahoneys are to submit a sketch or plot plan to Conservation. Jerry seconded. Passed 4-0. Ian Ford was present. The Notice of Intent is for the restoration of altered riverfront (Rumford Pond). Mr. Ford is replicating the area that was disturbed. The applicant had recently purchased the property and was trying to clean up the debris left in the back yard, including concrete, metal and stumps. This area has now been cleared and rough graded. Mr. Ford only disturbed about 50 ft. of the 100 ft. riverfront. Michele helped Mr. Ford with the plans to replant with native species. She recommends an Order of Conditions be issued. When the planting is complete Mr. Ford should call Michele for a site inspection. He should also let her know how the plantings are doing before the first snowfall. Monthly reports on the condition of the trees, shrubs and plants should be submitted during the growing season (April- September 2006). Carole made the motion to accept the restoration as proposed, for 114 Rumford Avenue, and to issue an Order of Conditions with the stipulations proposed by Michele. Paul seconded. Passed 4-0. Thomas McCafferty was present. The Notice of Intent is for an in-ground pool and the required fencing. It will have a self-contained filter. The security fencing will not be placed in the 25 ft. zone. The state has approved this project. Because this is a Rare Species site, Carole asked to have the Order of Conditions state that there will be no further building or disturbance allowed in this area. Carole made the motion to accept the plan for the pool at 5 Keli Lane with the stipulation that the security fencing be kept out of the 25 ft. "no disturb" zone, that no further disturbance or building be allowed in this area (Carole would like this recorded at the Registry of Deeds) and that hay bales and siltation fencing be put in back of the pool during construction. Michele is to be called when the hay bales and fencing are in place for certification. T T Jerry seconded. Passed 4-0. Mr. McCafferty would also like to fence in his entire yard for safety reasons. It will be black chain link and he will not be fencing in the replication area (this area is on the side of the house. Paul suggested that Mr. McCafferty stake out the area to be fenced and Michele will check the area when she certifies the hay bales and silt fencing. Jerry made the motion to include an addendum allowing the fencing, to be stake and examined by Michele, on the existing grass area. This must be added to the plot plan, signed and dated. Carole seconded. Passed 4-0. Continued until October 3, 2005. Cindy Ostrowski, Christine Weaver's friend, has submitted her application to be a member of the Conservation Commission and will be in front of the Selectmen in October to be sworn in. Michele will let the Commission members know the date. Carole wanted to know if there has been any follow-up on Bird Road to make sure the pump has been removed from the wetlands. Carole also wanted to know if Michele has been to 999 Maple Street to see if there is still work and equipment in the wetlands. She feels the owner should be made to restore the area. Paul feels DEP should be notified about 999 Maple Street. He thinks the Town Manager should contact Mr. Mangiaratti, Town Council, and have him send a letter to the owner. Paul would like the Andy Gazzola (10 Reservoir Street) matter resolved. Michele had the Town Manager call Mr. Gazzola and inform him that DEP will be called if the matter is not resolved. DEP visited Jack Smith and Mr. Cook's property and found they are not in violation. Colin wanted an up-date on various Clemmey properties: . T Essex Street-the appeal will be heard in November. Michele should call Mr. Mangiaratti to get a copy of the appeal. South Main Street- the design was not accepted by the state. The Clemmeys will be submitting a new design and if it is accepted, they will come before the Conservation Commission with a Notice of Intent. Home Depot-The area has been replanted. Barry MacLean, 13 Oak Leaf-This was a violation-he had cleared the whole back yard, altering BVW. The area has been delineated and he is putting together a Notice of Intent. Tom Connor, 71 Marshall Avenue-Violation-in-ground pool installed without filing, within 100 ft. BZ of BVW and a stream. Michele will check on this matter. Lenny Flynn has approached the owner of the property on West Street, two parcels of land that are wet and within the 200 ft. riverfront, making the lots unsuitable for building. The lots are for sale and Michele is still receiving numerous inquiries from people wanting to purchase the land. Lenny has told the owner that the Town of Mansfield may want to buy this property. Paul made the motion to accept the minutes of September 12, 2005. Carole seconded. Passed 3-0 with Jerry abstaining. A motion was made (Colin/Carole) to adjourn at 8:15. All in favor. Date of next meeting: October 3, 2005. (JL. ~.~ ( ( Aci.~ Colin Cauldwell, Chair ~ vh,)-- , te ( . y