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HomeMy WebLinkAboutmin of conservation com 11/14/2005 RECEIVED Tn\~HI r\ ;:-~lJ~ nfc leE \ un! l I...l..,'", ,\\..) U , 06 JUN - 6 AM II: 36 MANSFIELD MASSACHUSETTS Present: Colin Cauldwell, Chair; Jerry St. Hilaire; Carole Matthew; Jack Smith; Cindy Ostrowski; Michele Grenier, Conservation and Environmental Planner. Conservation Commission Meeting November 14. 2005 The request is for an above ground pool, approximately 48 ft. from Bordering Vegetated Wetlands. The applicant would like to also add 4 ft. on to an existing deck, extending it out to the pool. The above ground pool will be located outside the 25 ft. no disturb area. Michele has no problem with the plans but would like a hay bale line to protect the wetlands. She recommends a Negative 2 Determination. Jerry made the motion to accept the plan and issued a Negative 2 Determination, with a hay bale line. Carole seconded. Passed 4-0. The After-the-Fact Notice of Intent is for an in-ground pool, 16x32 within the 100 ft. buffer zone of a Bordering Vegetated Wetland. The pool and fence were built outside of the 25 ft. no disturb area. The house with the pool was built in 2002 (plan dated 29 June 2002). Michele and the Commission members agree that this entire project should have had a Notice of Intent. A hay bale line had been added at the time of construction. The grade of the no disturb area is steep and consists of brush and saplings. Colin wanted to know what kind of filtration system is being used and Mr. Connor said it was a closed system and that no chlorine is used in the pool. Cindy had observed a hose in the wetland area and wanted to know if the pool was being drained into the wetlands and Mr. Connor stated that the pool is not being drained into the wetland area. She also saw grass clippings in the wetlands and Mr. Connor was told to remove the clippings and to not dump anything into the wetlands. r Mr. Connor wanted to know if he could put the grass clippings beyond the wetlands and Colin said only if it is an upland area. Michele and Cindy will look at the area. Colin wanted to know if the area between the pool and the wetlands was vegetated to prevent wetland contamination. Since the area has not been landscaped, Mr. Connor will need to put together a landscaping plan as soon as possible. Colin told him that Michele would help him with the planting scheme. Colin told Mr. Connor that he would also need to put a permanent fence around the pool. Jerry made the motion to issue an Order of Conditions. The Order is to state that the owner will be allowed to plant in the 25 ft. zone to stabilize the slope, that a planting scheme be submitted to Michele for approval and that grass clippings will be removed and will no longer be dumped in the wetlands. Carole seconded. Passed 4-0. Replanting a Bordering Vegetated Wetland 25 ft. no alter zone. An Enforcement Order was issued to Barry Maclean because he had cleared the wooded area within the buffer zone. logs, shrubs and brush piles were placed close to the wetlands. No alteration occurred within the actual wetlands. Mr. Maclean was advised to hire a Wetland Scientist to determine the presence of wetlands, to mark the wetland line and to determine a plan to replant the Bordering Vegetated Wetlands 25 ft. no alter zone. The buffer area on this property is all distinctly upland. Colin advised Mr. Maclean to plant in the spring. Michele explained to Mr. Maclean that after he has replanted she will perform a site walk to approve the planting and then a Certificate of Compliance will be issued. Mr. Maclean will need to take the Certificate of Compliance to the Registry of Deeds to have the conditions removed from the deed. The wetland line is accurate and the 25 ft. no disturb area has been staked. Michele approved the planting scheme and recommends issuing an Order of Conditions. Cindy made the motion to accept the plan/planting scheme as shown and to issue an Order of Conditions. The Order is to state that the log/brush piles will remain in the back of the property and that the applicant can remove any dying or dead trees. r Carole seconded. Passed 4-0. Jack arrived at this time. Michael Trowbridge was present. The project is to construct 2 single-family homes with driveway, utilities and septic within 100 ft. of Bordering Vegetated Wetlands. The work proposed is outside the Riverfront Area of the Little Canoe River. 30.2 acres will be donated to the Town of Mansfield. The hearing was continued from the October 24, 2005 meeting. At the time of the hearing it was thought that perhaps the homes to be built were in an Estimated or Priority Site. Michael Trowbridge had sent a certified letter to Natural Heritage for clarification. Michele received a letter from Natural Heritage on November 2nd indicating the project is near but not within the actual habitat of state-listed rare wildlife species and will not adversely affect the habitat. Carole wanted the minutes to state that the Commission applied the By-law (Section 2.6) but that Natural Heritage deemed it unnecessary to come out for a site walk to determine if the project occurs within the habitat of state-listed rare wildlife species. She wanted it written in the minutes that a corner of lot 19 is near but not in the habitat. Carole wanted to know if ConCom could require a deed restriction on lot 19. Jerry doesn't feel the Deed Restriction is out of line. Colin feels because there are not any vernal pools on this site, that a Deed Restriction is unnecessary. Jack wanted to know who would enforce the Restriction. Michele also doesn't feel this is necessary because all building permits go thru Conservation. Cindy wanted to know what would happen if the owners, in the future, wanted to add a pool or an addition to the house. Colin believes the by-law we apply is enough to restrict any additional work especially since the applicants would have to file again for any additions or pools. The Order of Conditions can state what can and can't be done. He also stated that the 50 ft. buffer applies to this project. The Commission wanted to know how the 30.2 acres would be donated. Lenny Flynn said the land would be given jointly to the Town and the Natural Resource Trust with no Conservation Restriction. The Commission would like signage, "Environmentally Sensitive-No Disturb Area", placed on the 50 ft. buffer line. They also would like to restrict how the land can be used-no motorcycles, ball fields, etc. Jerry made the motion to accept the plan as drawn and to issue an Order of Conditions with the stipulation that signs (to read Environmentally Sensitive No Disturb Area) be placed every 100 ft. along the 50 ft. buffer line on steel posts (not on trees) no passive recreation be allowed and that the deed to the 30.2 acres be turn over to the Town of Mansfield/Natural Resource Trust before a building permit is issued. Cindy seconded. Passed 5-0. Chris Cox and Gary D'Ambra were present. The Electric Department will be installing a concrete encased duct bank in the public right of way on School Street through an intermittent stream. There is no dominant wetland vegetation in this area. The work will be performed during low flow. The project requires that the duct bank cross the area of a box culvert. The Electric Department worked with John Sullivan to determine the best location to cross the area of the culvert. John did not want the duct bank to go under the existing box culvert because the town may replace the culvert in the near future. The contractor will install plating to block the water from flowing into the area on the side of the road where the trench for the duct bank will be installed. The water will be pumped out of the area to the other side of the barrier. After the excavation of the trench and installation of the duct bank, the plating will be removed and the water will be allowed to return. In areas along the duct bank where trees and shrubs will be removed, the area will be loamed and seeded. The work will begin in the spring when the area is drier, the end of Feb or the beginning of March. Michele would like to see high bush blueberry bushes planted along the stream bank. She recommends issuing an Order of Conditions in accordance with the submitted plan. Colin made a motion to accept the plan as drawn and to add high bush blueberry bushes along the stream bank. Carole seconded. r Passed 5-0. Bill Buckley, from Bay Colony Group, Inc. and Skip Coppola were present. The applicant is relocating an 8" water line and hydrant due to construction of 2 new loading bays, retaining wall, concrete pad and reconstruction of a parking lot. Some of the work will lie within the buffer zone to a Bordering Vegetated Wetland that exists within a drainage ditch along the east property line. The proposed relocation of the hydrant to the edge of the parking lot is approximately 14 ft. from the wetland line and the water line will be in the opposite direction of the BVW. The fire department had asked for the relocation to this area. Michele recommends an Order of Conditions be issued with a hay bale line. Jerry made the motion to accept the plan as presented, dated 9-26-05, with the addition of a hay bale line. Jack seconded. Passed 5-0. Michael Trowbridge was present. This hearing is for the construction of a septic system for an existing home within the 100ft. buffer zone of Bordering Vegetated Wetlands and within the Riverfront Area. Michael said the owner of the property would like to slide the septic toward Franklin Street to save 2 trees. The proposed septic system is outside of the 50 ft. no disturb area and meets or exceeds the requirements of Title V. The leaching area is approximately 68 ft. from the edge of the wetlands. Siltation control is proposed on the site and will be installed prior to construction. The area of the septic system is separated from the brook by an existing driveway and overgrown grass. An alternative to the proposed system would be a tight tank, which would still require excavation within the Riverfront area and is the least preferred alternative. Michele and Cindy visited the site and Michele recommends an Order of Conditions be issued. Cindy made the motion to accept the amended plan, dated November 14, 2005, allowing the septic to be moved more towards Franklin Street. Jack seconded. Passed 5-0. Michael Trowbridge was present. The proposal is to construct a new septic system within 100ft. of Bordering Vegetated Wetlands and Greenwood Lake. The system meets or exceeds Title V requirements. The leaching area's closest point falls approximately 56 ft. from the edge of the wetland. Siltation control will be installed to prevent any siltation from entering the Greenwood Lake or the wetlands. The septic repair is outside of the 25 ft. no disturb area and is approximately 50 ft. from the lake. Michael explained that the house is for sale and that the future owner would like to move the septic forward 10ft., and that this will be in the as built. Michele recommends an Order of Conditions be issued. Cindy made the motion to accept the amended plan, dated November 14, 2005, and issue an Order of Conditions. Jack seconded. Passed 5-0. Lenny Flynn presented a project to the Commission that will create a greenbelt along the length of the Canoe River through CRAAC's five member towns. The purpose of the project is to protect municipal water supplies, wildlife and wetland areas and to provide passive recreation areas for the public. Lenny has drafted a letter to be sent to Mansfield landowners within 500 ft. of the Canoe River to inform them of the Canoe River Aquifer Advisory Committee interest in acquiring land. He explained that CRAAC cannot own land, so any land that might be purchased would be turned over to the Conservation Commission or to a land trust. The land would be purchased with money from private/public funds and federal and state grants. r T Lenny explained that creating the riparian corridor along the river would also add value to the adjacent properties. Lenny asked permission to send the letter along with a brochure explaining the greenbelt project in more detail. The Commission voted to allow Lenny to send the letterlbrochure to the landowners within 500 ft. of the Canoe River. Lenny would also like a plaque made for the home site of Samuel Codding. He also expressed concern about a well on the Codding property. The well is opened and he feels it is a safety issue-the town would be responsible. He wondered if it would be possible to put a fence around the well to preserve it (without filling it in> but would still allow people to see it. Jack will look at the site to see what can be done. A motion was made to adjourn. All in favor. Date of next meeting: November 28, 2005. &- ~~~.J~~/~- ~ Colin Cauldwell, Chair J I /leJo~ Date' 1 r ~