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HomeMy WebLinkAboutmin of conservation com 01/23/2006 r: \ (' \' " ,'.,.-' ._~ r Conservation Commission Meeting January 23, 2006 -7 pH I".. . 1"', \, n:.' L.~' Present: Colin Caul dwell, Chair; Paul Boyden, Vice Chair; Carole Mai~;-:Jlb~ lSllilti[f S Jerry St. Hilaire; Cindy Ostrowski; Michele Grenier, Conservation and Enviromental Planner. Michele recommends a Certificate of Compliance be issued after visiting the site 2 weeks ago with John Parmentier of Dunn McKenzie and reviewing the plan. Colin made the motion to issue the Certificate of Compliance. Passed 5-0. r" Christian Cardosa, the homeowner, was present. The request is to upgrade an existing septic system. The septic system is designed according to regulations. The leaching field is outside the 1 00 ft buffer zone and the tank will be 82 ft. from the buffer of the Bordering Vegetated Wetlands. There is an intermittent stream within the wetlands. Paul wanted to know if the septic field could be expanded in the future if it needed to be. Mr. Cardosa said the system has been upgraded to 4 bedrooms. Michele recommends issuance of a Negative Determination. Paul made the motion to issue a Negative 2 Determination. Jerry seconded. Passed 5-0. Michele recommended lifting/releasing the Enforcement Order that was issued in April 2005. r" Colin made the motion to lift the Enforcement Order. Passed 5-0. " r- This filing is for the construction of a two-story addition plus a full basement to the rear of the current structure as well as a single-story addition on grade to the left (south) side of the original structure. (Mitchell Finn of Buttonwood Enterprises is the representive) The proposed addition is within an Estimated Habitat, within the existing back yard. The limit of work is shown on the plan. Michele said she is waiting for a letter from the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife. Carole made the motion to accept the plan for an addition to 56 Patty's Road as drawn, with the minutes noting that it is an existing house structure, therefore conforming to the Mansfield by-law. The plan should be stamped with the date 1-23-2006. An Order of Conditions will be issued pending a letter with a negative finding from Natural Heritage. Hay bales must be installed prior to construction and certified. Paul seconded. Passed 5-0. Ann Langille, Electrical Engineer, and Gary D' Ambra, Line Forman, were present. r" The proposed work is to upgrade electric facilities on an electric easement on private property. The pole to be replaced and the new switch pad is adjacent to a drainage ditch (within 100 ft.) The proposed work is outside the I 00 ft. buffer zone and will be performed from the parking lot side of the existing pole. The work area is approximately 1 0 ft. from a drainage area that flows parallel to the parking lot to an area approximately 250 ft. away at the rear of the property. A hay bale line will be installed in the area between the drainage area and the existing pole to prevent sediment from entering the ditch. Hay bales must be certified. Jerry made the motion to accept the plan as drawn, dated January 2006, with the additional requirement that the hay bales be certified by an independent person and to issue a Negative 6 Determination. Jack seconded. Passed 5-0. Cindy arrived. r" r _ r- Scott Goddard of Carr Research and Ralph Maloon of RIM Engineering were present. Scott and Michele walked the wetland line and took out flag # 18 so that # 17 now connects to flag #19. She noted that the site is presently flooded and that the area has an outlet. She feels the area should be looked at in the spring for a vernal pool. Michele recommends issuing an ORAD. Scott brought revised plans to show the flag changes. Paul wanted the minutes to state the actual date Michele and Scott walked the site, 1-19- 06 and that it be noted that the weather conditions were clear and cold/no snow but raining. He also wanted to know if the upland area increases with the changes. Ralph said that there is a decrease of about 100 sq. ft. There were many abutters at the meeting, concerned about flooding and the vernal pool. They were wondering what the town and the Commission would do to insure that the excess water would not cause more flooding. Colin explained to the abutters that this hearing is to certify the wetland line is accurate only and represents what is actually on the site. If in the future the applicant proposes to do something, the Commission would place conditions on the proposal to minimize the r" impacts on the wetlands, off-site flows (water would infiltrate instead of flow off the site). He assured the neighbors that the wetlands would not be filled in. Michele and Colin explained that the question concerning whether the square footage of the upland area is enough to allow for a build-able lot is a Planning Board issue. The Commission needs to investigate whether there were special conditions concerning this lot when the subdivision was originally built. Carole made the motion to accept the revised plan for the delineation of33 Angelina Lane and that the actual weather conditions and the date of Michele and Scott's site visit be noted and that this is subject to further investigation. New plans with the correct date, 1-18-2006, showing the upland area recalculated to show the decrease in the square footage must also be submitted. The potential vernal pool will be verified in the spring of 2006. Paul wants the actual site walk date on the drawing for a reference point. Paul wanted it noted in the minutes that there is a continuing investigation regarding the original Order of Conditions as to which conditions were actually carried out. Jerry seconded. Passed 6-0. r" ,"-- Scott Goddard of Carr Research, Ralph Maloon of RIM Engineering and Brian Smith, the applicant. This is a continuation of the December 12,2005 hearing for a Notice of Intent proposing a residential subdivision, including road, houses, driveways, utilities and related grading. There will be 6 lots on approximately 17 acres. Lot 5 will also have a retention pond. Ralph explained that he had originally filed staying 50 ft. from the wetlands that contain vernal pools. At the last hearing he was informed that because he was in a Natural Heritage Area he needed to be 100 ft. from all wetlands. He has revised the plan and all work on the site will now be 100 ft. from all the wetlands. He told the Commission that he had received a letter from Natural Heritage, dated 1-3-2006, stating that NHESP had determined the project is within the actual habitat of the Blanding's Turtle. Michele has since received a call from John Reggison of Natural Heritage who says it is not within the actual habitat. Ralph said the MESA review is still ongoing. Carole wanted to know who determined the boundaries of the wetlands containing vernal pools. Scott said an ANRAD was done on this property about 5 years ago. During the ANRAD process, Michele, working as a consultant, and Scott delineated the wetlands. All of the vernal pools are within wetlands. They identified 12 vernal pools on the site. r" Scott wondered if it would be appropriate for the Commission to issue a Notice of Non- Significance rather than an Order of Conditions because all the work will be outside of the 100 ft. buffer zone. Colin-Even if the work is outside the buffer there are still conditions the Commission would like to be placed on this property such as signage (No Disturb Area). Michele and Colin feel an Order of Conditions should be issued. Michele wanted to know if every house lot would be 100 ft. from the wetlands and Colin wanted to know if all work such as grading would also be outside the 100 ft. buffer. Ralph said all lots and associated work would be out of the buffer. Michele would like a colored plan with limit of work and the lot lines on it submitted. Paul wanted to know the difference between the plan dated Nov. 2200 and the Dec. 13th plan. Ralph said the Nov. 2200 revision was engineering comments only and the Dec. 13th revision was planning board and the Commission's revision from 50 ft. to 100 ft. ~ Scott wanted to know if the applicant could withdraw the application for this project since the Conservation Commission has no jurisdiction. He said they only have to deal with Natural Heritage under their MESA regulations that are separate from the Wetlands '. r Protection Act. Natural Heritage can regulate areas beyond the 100 ft. buffer zone into upland areas that will not affect whether this Commission can issue permits, etc. Paul-it affects it in that the Commission can put in more strident conditions. Scott-if we withdraw the application, this project can still be built. It does not require permitting from this board; why would we want to go thru the effort to obtain an Order of Conditions for a project that doesn't require it. We only have to deal with Natural Heritage. Michele-only Natural Heritage has to look at the project because they are now out of the 100 ft. buffer. Carole-because we now have no jurisdiction will we be informed of the findings of Natural Heritage? Michele told Carole and Cindy that Natural Heritage will send Conservation a copy of their findings. Michele feels the Commission should issue an Order of Conditions to keep this project under Conservation control. Ralph would like to withdraw the application and asked what he needed to do. Michele told him he would need to request in writing to withdraw. r- Ralph wanted to know what the Order would state. Colin-it would require that the hay bale line be certified and that signage be put in the rear of the lots to let the owners know that the area is an Environmental Sensitive ArealNo Disturb Area. Colin told Scott the hearing could be continued to give the applicant time to decide what he would like to do. Scott decided to continue. Paul made a motion to continue the hearing for "Gilbert Park" to the 13th of February at 6:30. Jack seconded. Passed 6-0. This filing is for the construction of a paved driveway within the 100 ft. buffer zone. Dan and Bill Clemmey and Richard Nylen, attorney for the Clemmeys were present. r" Right now the Applicant needs better access to the property. The existing road does not allow for trailers or heavy machinery to enter the property. The exiting road, which is presently gravel, will be paved. A barn will also be built but does not require a filing. r- Michele had changes made to the plan, dated 1216/2004. She said the road and the riprap are considered an alteration. She requested that the wetlands be delineated across the road and that the riprap be pulled out and a reinforced box culvert be installed in its place to maintain the connection between the BVW's and that a replication area be installed. She spoke with DEP. DEP indicated that this is separate from the existing appeal presently in the courts and asked that Mr. Clemmey obtain an Order of Conditions. Michele-when an Order of Conditions is issued, we should require a wetland scientist be on site and that the replication area be built before any further work is done. Attorney Nylen told the Commission that the land is not part of the court action. Dan Clemmey explained that the alteration was unavoidable. He explained that the wetlands, at one time, before Essex Street was constructed, flowed from the other side of the road. The wetland on the property is now an isolated wetland, not fed by another source. He feels they have satisfied the requirements of the Wetlands Protection Act Regulations, 10.53:3,e, concerning the alteration, replication and minimization. Mr. Nylen feels they have satisfied the requirements for a "limited project"; there is no other alternative for the roadway that will have less of an impact on the wetland and that will allow use for farm purposes and that they have mitigated for the impact with the replication. .r" Cindy asked how the Alternative Analysis requirements were satisfied and who has jurisdiction. Mr. Nylen explained as an alternative you have to show there is not a better alternative to avoid the alteration. He told her that the Commission would make any decisions regarding the requirements. Colin would like to see hay bales or "limit of work" signs to insure that no activities take place in the area involved in litigation. Mr. Nylen said he would not be opposed to having the Order of Conditions state that no work is to be done in the disputed area. Michele told Dan that he can start the barn now but the replication area should be excavated now and ready for planting in the spring. Carole made the motion to accept the revised plan, dated 1216/04, for 175 Essex Street and issue an Order of Conditions. Special conditions are that a wetland scientist will be hired and will provide monitoring reports for 2 years, a planting scheme will be submitted, "limit of work" signs are to be placed every 50 ft. along the area in litigation, that there will be no work in the disputed area, the replication area be started (excavated and ready for planting in the spring) before any other work starts and the re-vegetation of the wetland area be monitored. Jerry seconded. Passed 5-0, with 1 abstention. r" r ~ ,r" Scott Goddard gave a brief summary of the history of Angelina Lane. Carole made the motion to accept the December 12, 2005 minutes. Cindy seconded. Passed 6-0. Motion made to adjourn at 9:30-Jerry/Carole. Passed 6-0. Next meeting will be February 23,2006 at 6:30. Carole made a motion to re-open the hearing on "Gilbert Park" to address the Order of Conditions. Paul seconded. Passed 6-0. All the Commission members agreed there needed to be signs, to read "Environmentally Sensitive Area-No Disturb", erected in the rear of all the lots in this subdivision and that r the hay bale line be certified. Carole made the motion to accept the plan for "Gilbert Park" as drawn, dated 12-13- 2005, and to issue an Order of Conditions stating the hay bale line will be certified and that signage will be placed on the 100 ft. line in the back of all lots (1-6), to read "Environmentally Sensitive Area-No Disturb". Signs are to be placed on posts, not on trees. Colin seconded. Passed 6-0. Carole made the motion to close the meeting Cindy seconded. Passed 6-0. CL ~./~'<~ Colin Cauldwell, Chair U C-r ~6 Date / r- [ T