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HomeMy WebLinkAboutmin of conservation com 05/15/2006 Conservation Commission Meeting May 15, 2006 'r 'H~I~1 ~ESEtVEO ,l'i'~\: ',!,..RKS OFFICE 06 JUN 28 AM '0= 36 MANSFIELD . MASSACHUSETTS . " I Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Jack Smith; Jerry St. Hilaire; Cindy Ostrowski; Michele Grenier, Conservation and Environmental Planner. This is a wetland violation enforcement order. Shaun Kelly, the homeowner was present. Equipment and debris has been placed within the 25 ft. no touch zone of Bordering Vegetated Wetlands. A path has been trampled down by 4-wheelers/trucks through BVW and across the river. A trail has been made through the wetlands. Mr. Kelly is also illegally withdrawing surface water from the river and has installed r" an illegal electric line. Michele would like Mr. Kelly to hire a professional Wetland Scientist to delineate the BVW and the mean annual high water line of Hodges Brook. Mr. Kelly was also told to remove all equipment and debris out of the 50 ft. no touch area of the BVW. Mr. Kelly told the Commission that the trails were there before he bought the house. He said he had called Building Department and was told he didn't need a permit for the electrical line. Mr. Kelly has been watering his lawn from the wetlands. He had called the Health Department and was told there was no problem with the withdrawal. Michele told him that it is a state regulation. The Commission told him he needs to stop the withdrawal from the wetlands and he should install an irrigation well. Colin said there must be an Order of Conditions from when the house was built, stating he needed to stay 25 ft. away from the wetlands. r" Michele said she had received numerous calls concerning the 4-wheelers and dirt bikes using the property. Colin told Mr. Kelly that no motorized vehicles are allowed on Conservation Land or in the Wetlands. ,. (' Cindy made the motion to incorporate the following: Require signage on 4.5 ft. metal posts with 50 ft. centers along the entire property line, to read "Environmentally Sensitive Area-No Disturb Area"; require Mr. Kelly to hire a wetland scientist to delineate and flag the wetlands; remove all equipment and debris out of the 50 ft. no touch area of the BVW; the pump and all electric, etc concerning the pump be removed from river; allow pathways to re-vegetate and no more unauthorized activity such as motorized vehicles be allowed on the land. All work should be completed on or before September 1, 2006. Paul seconded. Passed 4-0. Paul suggested that Mr. Kelly might want to add ''No Trespassing" signs to his property. John Sullivan, Town Engineer, was present. .--. The Request for Determination of Applicability was filed for subsurface investigation at the Kingman Pond Dam to support design for future improvements and reconstruction of the dam. The work will be done within the 100 ft. buffer zone of an area protected by the Wetlands Protection Act. No work will be done in the wetlands. No trees will be cut but some brush and branches will be trimmed on the dam but the trimming will be done outside of the wetland resource area. There will be a minor withdrawal from the pond. John said the filing was for drilling bore holes and the Town will file later for the reconstruction of the dam. He is requesting a negative 3 determination since the proposed work is in the buffer zone but will not cause any alteration to the wetland. Soil probes and 4-inch borings will go down to about 10 to 20 ft. on the crest and side of the dam and will be filled upon completion of the work to maintain the integrity of the embankment. These will be approximately 10ft. from the west side of the spillway and also 90 ft. further west along the dam. Cindy wanted to know why the investigation was being done. John said the Town is concerned about the integrity of the dam. The investigation will allow them to see how the dam was constructed and the make up of the dam. John said there had been some seepage from the dam and this will also be looked at. r' Staked hay bales will be installed to prevent contamination of the wetland area. Paul concerned about the elevation of the pond, feet above the spillway. T T . . r John said the Kingman Pond would remain at the same elevation, 1 ft. above the spillway. Paul made the motion to issue a Negative 3 determination, with the hay bales to be installed before construction begins. Jack seconded. Passed 4-0. The Notice of Intent was filed for grading and clearing for construction of a Police Shooting range within the 100 ft. buffer of Bordering Vegetated Wetlands and within an ACEC area, the Canoe River. Michael Trowbridge and Mike Ahern were present. r Michael Trowbridge explained that the town had approved the construction of a new shooting range because the existing range is too close to an existing house on East Street and the owner had some safety concerns. He also said that the berm is out of the 25 ft. no disturb area and that for safety purposes, the berm can not be moved any further to the south because of the houses in the area. Colin wanted to know if any further construction would be done. Mike Ahern told him that presently only the berm will be constructed. At a later date a shed might be built. If necessary, they will refile. Paul wanted to know if they need a recovery program for the bullets because of the lead contained in the bullets. Michele said the EP A has a lead recovery program and that DEP has started to give enforcements to all gun clubs-the clubs have to find a recovery system for the lead especially where wetlands are concerned. Michael Trowbridge will check to see what might be required. Paul made the motion to accept the plan for the Police Shooting Range on East Street with hay bale line to be certified. Michele will investigate the need for a recovery program, whether it is mandated or not. Jack seconded. Passed 4-0. r r .. r' Jerry arrived at 7:05. The Notice of Intent was filed for the crossing/filling of an existing drainage ditch/intermittent stream for access to athletic fields within 100 ft. of Bordering Vegetated Wetlands and within an ACEC area, the Canoe River. Michael Trowbridge and Mike Ahern were present. Michael Trowbridge told the Commission that access is needed to the athletic fields from the parking lot at the Jordan-Jackson School. He told the Commission that 2 crossings are being proposed. Michele wanted to know if it is a drainage ditch or an intermittent stream. Colin said it is an intermittent stream because it has been there for years. If it is documented as a drainage ditch and the bank is altered, it will trigger a wild life study and could require the replication of the bank. r' Michael, when asked ifhe wanted to continue the hearing so more information can be obtained in regards to the ditch/stream, he said he would withdraw the easterly crossing. Only the westerly crossing will be built. Michael will submit a new plan to show only the westerly crossing. Cindy made the motion to accept the plan as drawn, minus the easterly crossing; certified hay bale line to be installed and maintained until disturbed area is graded and seeded. Jack seconded. Passed 5-0. The Notice of Intent was filed for the installation of a 20x40 ft. in-ground pool with concrete decking and fence within the 100 ft. buffer of Bordering Vegetated Wetlands and within an ACEC area. Jane Cote from Easton Pool & Spa was present. Jane explained that a cartridge filter would be used because of Conservation Land (no backwash on filter). The Commission asked that Jane verify the scale of the plan. Michele would like a hay bale line around the spoils area. .--. Cindy made the motion to accept the plan, removing the 50 ft. buffer line (incorrectly drawn), with a hay bale line for the spoils area and that the scale verification. Paul seconded. r T t r'- Passed 5-0. Jane Cote from Easton Pool & Spa was present. The Notice of Intent was Filed for the installation of a 20x40 ft. in-ground pool with concrete decking and fencing within an Estimated Habitat of Rare Wildlife and within an ACEC area, the Canoe River Aquifer. Limit of work is outside the 100 ft. buffer. A letter has been sent to Natural Heritage and Michele is waiting for an answer. Jane said a cartridge filter would be used. Michele would like hay bales around the 100 ft. buffer line to prevent debris from going into the wetlands. A motion was made to accept the plan as drawn, adding a hay bale line around the 100 ft. buffer. Hay bale line is to be certified. Jack seconded. Passed 5-0. r" Jane Cote from Easton Pool & Spa was present. The Notice of Intent is for the installation of an 18x36 ft. in-ground pool with concrete decking and fencing within an Estimated Habitat and within an ACEC area, the Canoe River Aquifer. There are no problems as far as the wetlands are concerned and no hay bales are required. The Commission would like to see a cartridge filter system used here also and Jane agreed. Michele gave the homeowner permission to cut some trees. No letter has been received from Natural Heritage as of May 15th. Michele will call to make sure there are no problems as far as Natural Heritage is concerned. ,-.. Cindy made the motion to accept the plan as drawn with the addition of a cartridge filter system. Michele will check with Natural Heritage to make sure there are no problems with the plan. Jerry seconded. r .. r" Passed 5-0. Motion was made to adjourn at 8:30 (Paul/Jack). Passed 5-0. g will be June 12th at 6:30 pm. 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