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HomeMy WebLinkAboutmin of conservation com 03/27/2006 r..~r~(l;r' ~\frl1 :,.,. :,..)' ;.,," ~ !) ~... ;,) r- Conservation Commission Meeting March 27, 2006 05 !\PR II PH I: 36 ! IF 1 C: ~ '1 0 Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole MhHh~~Ii~~JSiiiif;S Cindy Ostrowski; Michele Grenier, Conservation and Enviromental Planner. Michael Atwill, the applicant and Michael Trowbridge were present. Mr. Atwill inadvertently cleared 79 trees within the 100 ft. buffer zone to Bordering Vegetated Wetlands and Blake's Pond, altering 8,000 sq. ft. of wetland. At this time, the trees have not been removed. The trees cut were located on land owned by the City of Attleboro. Mr. Atwill believed he owned the land to the pond (was told by the original developer) and was not aware he needed permits to simply cut trees. Several lots in the neighborhood do in fact own down to the water. 18,000 sq. ft. will be replicated. r' With help from the Mansfield and Attleboro Conservation Agents and Michael Burgess, Superintendent of Water for the City of Attleboro, a planting scheme has been agreed upon. Michael Burgess, who could not attend tonight's meeting, sent a letter (3/27/2006) stating that Attleboro is in complete agreement with the recommendations. Mr. Atwill was told the trees and logs that are in the pond will have to be removed so the stream is not blocked and the debris located adjacent to 91 York Street must also be removed. Mr. Atwill was concerned about the need for heavy equipment to remove the trees, further damaging the area. Colin told him the work would have to be done by hand/hand tools. The Town of Attleboro would like a permanent fence installed along the entire length of the Atwill property line. Mr. Atwill asked if split rail fencing would be sufficient. Mr. Atwill will have the property surveyed before the installation of the fence. Cindy wondered if signage should also be put along the property line. Paul wanted to know why the remainder of the trees would be left and not cleared. He also felt it would be better to have the stumps flush to the ground. Attleboro wants the trees and stumps (stumps left as is, not cut or ground down) left for wild life purposes. ,r"' T T r- Colin said the ultimate goal is to regain the functionality of the water shed and to re- establish the area. Permits from the Army Corps of Engineers and a 401 Water Quality certificate must be obtained. The planting must be completed by June 1 st of this year and must be done by a professional landscape contractor with a certified arborist approved by the Conservation Commission. Colin told Mr. Atwill he should be ordering the plantings now. The arborist will let him know if additional plants need to be purchased. A growth/survival report will be submitted for 2007 and 2008. Any dying or dead plants will have to be replaced ,-.. Cindy made the motion to approve the Order of Conditions as follows: the property will be surveyed before the installation of a split rail fence or one of Mr. Atwill's choosing, along the property line abutting the Attleboro land-the bottom of the fencing must be a minimum of 6 to 8 inches above the ground to allow for turtles, etc. to pass; signage- "Environmental Sensitive Area-No Disturb Area" -will be installed on 50 ft. centers, on posts, not on trees; a planting scheme will be submitted from a certified arborist; a professional landscape contractor must be approved by the Conservation Commission; 2 seasons of growth/survival reports will be submitted (for 2007 and 2008) and all dead and dying plantings will be replaced; target date for completion of the planting will be June 1, 2006; the trees will be moved from the water, trees and brush will be removed and dispersed in a natural appearance within the upland area; all work will be done by hand/hand tools; a 401 Water Quality certificate and 404 Army Corps of Engineers permit must be obtained. The planting scheme is as follows: 40 2-inch caliper red maple, 20 6-7 ft. eastern hemlocks, 20 5-6 ft. douglas firs, 40 2-gal. cinnamon fern, 20 2- gal. sensitive fern and 40 5-gal. high bush blueberry. Paul seconded. Passed 4-0. Colin abstained. David Tammaro, representing the Petrillos. The applicant is proposing a garage (24x24) on an existing dwelling within an Area of Critical Environmental Concern, the Canoe River and in a Natural Heritage and Endangered Species Area. The garage will be attached to the house by a breezeway. Michele visited the site; there are no wetlands or streams located near the parcel. A copy of the Notice of Intent was sent to Natural Heritage and Michele received a letter on March 27, 2006. Based on the current information, the NHESP has determined the project will not adversely affect the habitat. She has faxed a copy of the letter to DEP. ,--.. ,--.. Cindy made the motion to accept the plan as drawn for 23 Sturbridge Road. Jack seconded. Passed 5-0. Carole wanted an amended motion to state this house was built in 1996 prior to the 1999 Mansfield By-law. Passed 5-0. Michael Trowbridge, representing the Sturtevant Family Trust. This filing is for the repair/upgrade of the septic system within the 100 ft. buffer to Bordering V egetated Wetlands and within the 200 ft. Riverfront Area of Hodges Brook. The underground heating oil storage tank, installed in 1976 and taken out of service in 1995, will be removed by Penney Engineering, Inc. They will remove any remaining heating oil and water in the tank. The heating oiVwater will be properly disposed of. Septic meets or exceeds Title 5 specifications. The system will be installed as far as possible from Hodges Brook and is separated from the brook by an existing house. The leaching field's closest point is approximately 160 ft. from the brook. Hay bales will be installed prior to construction. r Carole made the motion to accept the plan as shown, for 5 Carol Road, to upgrade the septic system within 200 ft. of Hodges Brook with the hay bales to be certified. Cindy seconded. Passed 5-0. Gregory Robinson of Real Pro Rehab, Inc. was present. This filing is for a 2-car garage with a master suite above within the 100 ft. buffer of Bordering Vegetated Wetlands. The addition will be 75 ft. from the BVW and approximately 95 ft. from the wetlands. Michele visited the site on 3-16-06 and recommends a hay bale line 50 ft. off the BVW line, that the hay bales be certified and that an Order of Conditions be issued. Mr. Robinson will call Michele when the hay bales are in place. r' Paul made the motion to accept the plan for 283 Elm Street, with hay bales to be placed at the end of the work area and certified. Carole seconded. Passed 5-0. r- Robert Meeks, the applicant and Michael Trowbridge were present. This hearing was continued from February 27, 2006 and is for a residential development consisting of an existing house and 3 additional houses with a common driveway. The driveway is an existing roadway and has been replaced twice. Additional houses are out of the 50 ft. area and there will be no altering of wetlands. Paul feels John Sullivan should be involved. There is an intermittent stream on the property. As the applicant will be crossing the stream, this becomes a limited project. The stream crossing might require a box culvert. There are no vernal pools on the site. The applicant is currently going thru the Planning Board process (many revisions- detention basins, etc). Michele and the Commission feel the applicant should go thru the Planning Board process before coming back to Conservation. At a later date, the open spaces will be discussed. Michele thinks the land is landlocked, abutting town land. ,-.. Michele told the Commission that the changes to the wetland line that she requested are shown on the revised plan. Michael needs to send a letter on the Wednesday before the meeting on the following Monday if he wants to continue. Paul made the motion to continue indefinitely. Jack seconded. Passed 5-0. Jack left the meeting at 8:00. Robert Patneaude, the representative and Thomas Walsh, the applicant, were present. Michele told the Commission members that the wetland lines are delineated properly but she is still not sure why they are putting in a drainage ditch. There will be no alteration to the wetlands. Mr Patneaude explained that the swale is already in place. The swale was placed to r"' facilitate drainage, reshaping what is there. The applicant is trying to return the land to fields. They would like to loam and seed the area as soon as possible to prevent erosion. T T ,--.. Colin wanted to know why the lien was put on the property and wondered if this will be enough to satisfy the court order. Mr. Patneaude said he had researched but had not been able to document why the order was issued. Michele thinks Town Council should look at this. Paul feels the Commission needs to know what has or has not been done as far as the conditions of the court are concerned and that Nick (Building Department) and Mr. Mangiaratti, Town Council, need to be involved. There possibly is a vernal pool on property and this will have to be looked at in the spring and certified. Mr. Patneaude wanted to know if they could loam the buffer zone to prevent erosion. He was told he could not until more information was given. Paul made the motion to continue to 2 weeks. Carole seconded. Passed 4-0. ,--.. Cindy made a motion to accept the February 27, 2006 minutes as written. Carole seconded. Passed 4-0. Motion made to adjourn at 8:45 pm-Cindy/Carole. Passed 4-0. Next meeting will be April 1 0, 2006 at 6:30. <<L{L~(O;~ ) Colin Cauldwell, Chair / c;Jv /06 Date r r T