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HomeMy WebLinkAboutmin of conservation com 06/26/2006 .r' Conservation Commission Meeting June 26, 2006 Present: Paul Boyden, Vice Chair; Jack Smith; Cindy Ostrowski; car~~~lMTS St. Hilaire; Michele Grenier, Conservation and Environmental Planner. ... TOWN ~f~W~~FFICE 06 JUL , 1 PM 12: 22 Michele received an anonymous call that wetlands were being altered at 10 Longwood Circle. An enforcement order was issued (on June 5, 2006) to Mr. Prew after Michele and Mike Ahem visited the site and found that the wetland vegetation had been excavated and pushed back into the Bordering Vegetated Wetlands. At least 200 sq. ft. has been altered and the ground is severely scraped. Mr. Prew explained to the Commission that he was clearing up Maple trees that had been blown over during the winter. He said he had cut the trees and leveled out the area with a backhoe. r' Michele would like Mr. Prew to hire a wetland scientist to determine the extent of the alteration, determine where the actual wetland line is and restore the area by pulling the debris back and replanting. Mr. Prew said he would hydro-seed the area, plant blueberry bushes and pull the debris back. Paul told Mr. Prew to establish the line first and then come to Conservation with a restoration plan. Mr. Prew also told the Commission that there is a ~ acre man-made pond on the property. He said that grass clippings, brush and other debris is being dumped on the other side of the pond by other homeowners. Paul asked Michele to check. Cindy made the motion requiring Mr. Prew to hire a wetland scientist to delineate the wetland line, submit a replication plan after the line has been established and file with Conservation. After he has filed, signs reading "Environmentally Sensitive Area-Do Not disturb" will be installed on 50 ft. centers on the wetland line on metal posts (not trees). Carole seconded. Passed 5-0. r An as built plan and a letter were received requesting a Certificate of Compliance for Lot 1, Ware Street. . ~ ;- Jerry made the motion to approve the Certificate of Compliance for Ware Street, Lot 1. Carole seconded. Passed 5-0. The Notice of Intent was filed for the reconstruction of an existing dwelling and repair of the septic system. The house will be reconstructed within the same footprint of the original house and a new foundation will be added along with a deck. The reconstruction of the house will take place outside the 50 ft. buffer of Greenwood Lake except for the proposed deck. The repair of the septic is outside the 100ft. buffer of the lake. The deck will be 40 ft. from the pond. There are no wetlands on the property. Bob Colleral represented the applicants. Siltation control/hay bales will be in place until construction is complete. r' Cindy made the motion to accept the plan for 5 Lakeview Avenue, dated May 22, 2006, and issue an Order of Conditions to include the following conditions: silt fencinglhay bales to be certified and no further or future work be done within the 25 ft. buffer zone. Jerry seconded. Passed 5-0. Mr. Colleral wanted to know if the beach area could be cleaned. Because there are no wetlands on the property, Michele told him that he can but he can't take down any trees or remove any shrubs or bushes. When she goes out to certify the siltation control, she'll let them know what they can do. Paul told the Commission that the dimensions of the silt fencing, etc. should be on the as built on any new filings. The Notice of Intent was filed for construction of a 64x44 house with an attach 24x24 garage, sewage disposal system, utilities and related grading within the 100 ft. buffer zone and within the 200 ft Riverfront Area, Hodges Brook. Ralph Maloon from RIM and Mr. Campbell were present. Siltation control will be staked in place prior to construction and maintained until the work is complete and the area had been grassed and stabilized. r- Test holes 1,2 and 3 did not pass a percolation test. Test holes 4 and 5 were the only location with a successful percolation test. ~ The area being disturbed for the subsurface sewage disposal system has been reduced by the use of 40 mil plastic breakout grade barriers. It will be a 1500 gal. septic tank. The septic will be 10ft. from the property line. Michele told the Commission all work will be done outside the 50 ft. buffer but the work is within the 200 Riverfront. She asked that Ralph submit a narrative on the riverfront alteration. Under the Wetlands Protection Act, this is an allowable project because the house is out of the 100 ft. Riverfront area and the alteration is less than 10%. Michele recommends the issuance of the Order of Conditions. Cindy made the motion to accept the plan as drawn, dated 11-30-2005, and to issue an Order of Condition with the inclusion of signage stating "Environmentally Sensitive Area-Do Not Disturb" on metal posts, not on trees, on 75 ft. centers to be put on the buffer line. The Order of Conditions will also state there is to be no disturbance in the future such as pools and sheds and no trees, brush etc will be removed. The siltation fencinglhay bales have to be certified. Ralph will submit a narrative on the Riverfront alteration according to the Wetland Protection Act. Carole seconded. Passed 5-0. r- Ralph Maloon and Ralph and Debra Giovaniello, the applicant, were present. The Notice of Intent was filed for the construction of a 20x24 addition with related grading within the 100ft. buffer of Bordering V egetated Wetlands, within an Estimated Habitat of Rare Wetland Wildlife and within an ACEC, the Canoe River. The project is not exceeding 50% of the footprint of the existing single-family house. The limit of work and siltation control is on the plan and no trees will be removed. Siltation control will be staked in place prior to construction and maintained until work is completed. Michele performed a site inspection on 6-16-2006. A small portion of the addition is in the buffer zone. She explained the project fits the Exemptions from Review for projects within a Natural Heritage area, 321 CMR 10.14: "The following Projects and Activities shall be exempt from the requirements of321 CMR 10.18 through 10.23: (3) the maintenance, repair or replacement, the vertical expansion or additions that do not exceed 50% of the footprint of an existing single family or two family home within existing paved and lawfully developed and maintained lawns or landscaped areas. This project meets these requirements. ~ Cindy made the motion to accept the plan for 3 Jennifer Drive as drawn, dated 6-2-2006 and to issue an Order of Conditions. Jerry seconded. T T ~ Passed 5-0. Ralph Maloon and Perry DiMascio were present to discuss 2 different proposed plans for the roadway for a subdivision, "Autumn Park", on Essex Street. A cluster subdivision of 12 lots is in Mansfield and a conventional subdivision of 4 lots is in Norton. The construction of the homes is within the 100 ft. buffer of Bordering Vegetated Wetlands and an Area of Critical Environmental Concern, the Canoe River. This is a 44-acre parcel, formerly the Sweet Farm. About 35% of the unused land will be donated to the town. There is no proposed disturbance of wetlands. The vernal pools have not been certified to date. Carole reminded the applicant that when they filed the ANRAD in October 2005, the Commission asked him to certify the vernal pools. r' In order to access the larger rear upland area, Ralph explained the roadway would be placed between an isolated wetland with a vernal pool and a Bordering Vegetated Wetland, making it a limited access road. One roadway plan is right along the wetland line (will be touching the wetlands) but 100 ft. from the vernal pools. The other plan shows the roadway 75 ft. from the vernal pools and 25 ft. from the Bordering Vegetated Wetlands. Cindy wanted to know why it is considered a limited access road. Michele explained that under the Wetland Protection Act, if you have to go thru wetlands or a resource area to access the upland area, it is considered a limited project. Ralph said they are still in the Planning Board process. The next Planning Board meeting will be August 9th. Michele had no comment. She feels the applicant is working in good faith. Paul asked for comments from the Commission: Jack abstained. Carole wants the roadway to be the required 100 ft. from the vernal pool but would accept the 25 ft. from the wetlands. Cindy agreed with Carole concerning the vernal pools. She said the Commission needs to assume it is a vernal pool and feels the vernal pool needs to be certified before the applicant goes any further. She also wants the applicant to adhere to the 50 ft. new construction by-law. Jerry prefers the roadway plan that will have the least impact on the wetlands. Paul also thinks Colin should be involved with any decisions regarding this project. r- Mr. DiMascio said this is a limited project and they are trying to find the best area for the roadway, where there will be the least impact. Ralph told the Commission if they have to .~ stay 100 ft. from the vernal pool or 50 ft. from the wetlands, there would be no room to build the roadway. Carole reminded Mr. DiMascio that a vernal pool is not considered a limited project. Ralph told the Commission when the roadway is put 100 ft. from the vernal pool it puts it up against the wetlands. Roadway will be 24 ft. with a 3.5 ft. grass area between road and sidewalk. 5 ft. concrete sidewalks will be installed with a 1 ft. berm on each side. Carole told Mr. DiMascio to go thru the Planning Board process first then come back to Conservation. Paul wondered if the Planning Board would waive the requirements for a roadway and approve 40 ft. for the road. Michele will write a letter in regards to shrinking the roadway to allow for less impact on the wetlands/vernal pool. An Enforcement Order was issued to Peter Fontanini, 40 Grove Street. Michele told the Commission that approximately 15,000 sq. ft. of dirty fill was pushed into the Bordering Vegetated Wetlands. r Starting 6-26-2006, Mr. Fontanini will be fined $300.00 per day until the fill is removed. A professional wetland scientist, approved by the Conservation Commission, shall be hired and the original wetland line determined. A replication plan approved by the Commission will be submitted and the altered wetland area restored. Deep Hole Soil Boring Samples will be performed by a professional soil scientist approved by the Commission to determine extent of wetland alteration. The Commission would like DEP to get involved. Michele will send a letter. Paul made the motion to accept the minutes of June 12, 2006. Carole seconded. Passed 5-0. Paul Boyden, Vice an If) 8~ cliO ~ Date r-