HomeMy WebLinkAboutmin of conservation com 07/10/2006
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Conservation Commission Meeting . " ',) OFF let
July 10,2006 06 AUG 2 I PH 1: 23"
Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chai{; l~'k~~it1Pf!?lVdy
Ostrowski; Carole Matthew; Jerry St. Hilaire; Michele Gr~Ma>/~l\~l~'f1d
Environmental Planner.
Peter Fontanini, Attorney Edward Valanzola and Phil Beatty were present.
Approximately 15,000 sq. ft. of dirty fill was pushed into the Bordering Vegetated
Wetlands.
Michele asked that a professional wetland scientist, approved by the Mansfield
Conservation Commission, be hired to determine the original/historic wetland line. The
altered area must be restored, with a replication plan submitted to the Commission and
DEP for approval. Deep Hole Soil Boring Samples are to be performed by a soil
scientist, approved by the Commission to determine the extent of wetland alteration.
Starting 6/26/2006, a fme of $300 per day will be imposed until the fill is removed.
r-' Attorney Valanzola told the Commission Mr. Fontanini has lived on the property since
the late 1940' s. He said there was a wetland area in the rear of the property but after the
construction of Route 95, the wetland was dry. He said 2006 is the first year there has
been standing water in the low area of the property.
A neighbor is in the process of buying the property and asked Mr. Fontanini to spread the
dirt to level the property. Mr. Beatty was the excavator. The newer piles of dirt are fill
from another property Mr. Beatty is excavating for a new foundation. These piles have
been removed to the original property. Attorney Valanzola said the vegetation is already
growing back.
Attorney Valanzola explained the area had been filled in the 1940's and 50's, thru the
1980' s. The area was originally a garden and the piles of dirt were brought in with the
intention to expand the garden. The piles of dirt have been there for 20 plus years, long
enough to have a vegetated cover. He said the neighbors are willing to state the piles have
been there a number of years. He does not believe any wetlands have been filled and told
the Commission that the wetlands do not show on the GIS Map. There is only a small
portion of the property that is actually wet.
Attorney Valanzola said, to the extent that there may have been wetland filling in the
past, much of it may have been done prior to 1964 when the Wetlands Protection Act was
passed. Given the lack of state jurisdiction of isolated wetlands in 2006, he feels the
,,- recent filling would not be covered by the Wetlands Protection Act. The fill that might
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have taken place in the wetlands prior to the Mansfield by-law of 1999 would be exempt
from needing a local wetland permit.
Attorney Valanzola said Mr. Fontanini wants to do what ever the Commission feels is
necessary to make it right and asked if the fme could be suspended until the next hearing.
Carole reminded them about the 25 ft. and 50 ft. setback from the wetlands. Attorney
Valanzola said the setback has not been breeched.
Michele said that no soil/boring samples have been done. There is wetland vegetation all
around the area and she noted the area does not need to be wet to be a wetland. She feels
the wetlands have been filled in over a long period of time.
Colin: "There has been an accusation that wetlands have been filled. You maintain they
have not. We need to know where the wetland soils end."
About 240 ft. has been disturbed according to Mr. Fontanini. Michele would like soil
boring samples done every 1 0 ft.
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Michele said she saw 5 different ferns, Maple trees, pepperbushes and blueberry bushes,
all wetland vegetation. Attorney Valanzola disagrees with Michele about the vegetation.
He said the area is dry and that wetland vegetation grows outside of wetland areas. He
asked if they could have the 2 weeks before the next meeting to fmd and consult with a
wetland scientist.
Paul asked Mr. Beatty the amount of fill removed. Mr. Beatty said about 300 yards had
been removed.
Cindy asked that Mr. Fontanini hire a professional wetland scientist but one agreed upon
by the Commission.
Cindy made the motion to accept the enforcement order with the provision the fine will
accrue from 6-26-2006 if it is found that wetlands have been filled.
Carole seconded.
3 opposed (Jerry, Paul, Colin) 3 for (Cindy, Carole, Jack).
Jerry said he is uncomfortable with punitive fines and a volunteer board issuing fmes.
Michele feels Mr. Fontanini has shown good faith in coming here tonight and feels the
fine should start if and when it is found the wetlands were filled in.
Paul reminded the Commission that DEP has not responded to the Enforcement Order,
that we don't know what their response will be.
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A second motion was made by Paul to accept the Enforcement Order with the suspension
of the fine for 2 weeks until the July 24 meeting or if there isn't a quorum, until such time
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a quorum is met. The fines will be re-instated (starting 6-26-206) if progress isn't shown
as far as hiring a professional wetland scientist to determine the wetland line, the
restoration plan, to be approved by Conservation and DEP and the hiring of a
professional soil scientist to determine the extent of the alteration.
Jack seconded.
Passed 6-0.
The Notice of Intent was filed for the construction of an addition to an existing
commercial building, including the rebuilding of an existing 12" pipe underneath the
existing driveway. A portion of the building construction falls within the 100 ft. buffer.
Tony Esposito of Outback Engineering and Eric DeLong, the applicant, were present.
Michele told the Commission the proposed addition is outside the 25 ft. and the 50 ft. no
work area. The existing pipe to be rebuilt is within an isolated wetland. Both the
addition and the replacement are located within an existing gravel driveway area. She
recommends issuing an Order of Conditions.
Tony told the Commission they are currently adding a 7,500 sq. ft. building outside the
50 ft. buffer. The applicant filed with the Planning and Building Inspector for a site plan
review.
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There is a ditch that is intermittent on the property.
This filing is for a 4,800 sq. ft. addition, a portion of which will be in the buffer zone. A
portion of the paved handicap parking also will be in the buffer. They will be extending
the gravel edge of the existing parking area so 18 ft. can be maintained from the building
for fire access. There is no plan to pave the gravel driveway with the exception of the
handicapped parking area, as requested by the Planning Board.
There is a detention basin on site, sized to mitigate the 2, 10, 25 and 100-year storm. It
was proposed to the Town Engineer during the construction of the larger addition and
was sized to equate with the amount of sq. footage of both additions. A major portion of
the roof drainage will be going into the detention basin.
John Sullivan requested additional work, the reconstruction of the 12" pipe underneath
the existing driveway. The pipe connects one wetland to an isolated wetland.
John has approved the plan.
Siltation control will be in place from the start of construction until the project is
complete and the area stabilized.
There is a new transformer pad for the site, recently constructed to connect the
,,- underground electric from the transformer to the nearest utility pole. This work was done
within the buffer zone.
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Paul asked if any test holes were taken. Tony said yes but the results were not good. The
test results are on the plan.
Colin wanted to know where the detention basin drains. Tony told the Commission it
empties out over a wooded/vegetated area to the ditch. There will be riprap at the outlet.
Colin is also concerned what the impact will be to the wetlands with the increased flow
off the parking lot. He does not want to upset the ecology of the wetlands across the
street because of the increase. Tony does not believe there will be an increased flow to
the other side of the street.
Paul wanted to know about a snow removal plan. Mr. DeLong said presently the snow is
piled on the edge of the parking lot. Paul would like a site designated for the snow.
Tony suggested the snow be removed to the area by the detention pond so run off will go
into the pond.
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Paul made a motion to accept the plan for 457 School Street, dated May 17, 2006, and to
issue an Order of Conditions with the designation of the snow storage area, the hay bale
line to be certified and John Sullivan's comments regarding the isolated area be included
in the Order of Conditions. John Sullivan is to be informed of any engineering issues that
haven't already been resolved.
Carole seconded.
Passed 6-0.
The Notice of Intent was filed for the construction of a 28x38 house, 24x24 attached
garage, driveway, sewage disposal system, utilities and related grading within the 100 ft.
buffer of Bordering V egetated Wetlands and an Estimated Habitat of Rare Wetland
Wildlife. The Notice ofIntent was submitted and approved by NHESP. The project, as
currently proposed, will not result in a prohibited "take" of state-listed rare species.
Perry DiMascio and Ralph Maloon of RIM Engineering were present.
Michele did not accept the original plans presented because the house/garage was within
the 50 ft no work area. New plans dated 7-6-06, were submitted, with all work outside of
the 50 ft. no work area.
Colin wanted to know if the plan meets the requirement of percentage of upland verses
wetlands. Ralph said the plan has been approved by the Planning Board and conforms to
zoning regulations.
Siltation control will be staked in place prior to construction and maintained until work is
complete and the area is stabilized.
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All roof drains will be tied into dry wells. The driveway will be as far away from the
wetlands as possible (60 ft. is the nearest point).
Michele said the plan complies with the 50 ft. no touch.
Cindy visited the site and said the intermittent stream is running and frogs are present.
The stream is not on the plan. She feels the stream needs to be located and added to the
plan. Michele would like a stream stat study done to determine if the stream is
intermittent or perennial. Michele believes the stream is intermittent. Colin told the
applicant if the stream was found to be perennial, a 100 ft. set back would be required.
Carole told Mr. DiMascio the letter from Natural Heritage only pertains to state
requirements. Our by-law requires a site visit and allows the hiring of a consultant at the
applicant's expense. "I want to apply the by-law fairly to everyone in this town. Ifwe
accept the letter and disregard 2.6 of our by-law, our by-law should be amended. We
need to hold all applicants to the rule of the by-law." She told Mr. DiMascio in order to
fairly enforce our by-law, he needs to hire a consultant to go out and physically look at
the parcel to see if it is a habitat.
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Michele: "Weare under state regulations for consultants fees, so it is up to the applicant
to pay for the evaluation of both 18 and 19 Clementine Drive. Because it is a Natural
Heritage Area for Threatened and Endangered Species, the Commission is asking to have
the area looked at more closely to see if it is a habitat for these species."
Colin said under the wetland law you have to go with the higher standard. For the by-law
to be applied the following will be required from the applicant: perform a stream stat
study to locate the stream and add to the plan; hire a professional wetland scientist, at the
applicant's expense (the Commission will get 3 proposals and give the information to Mr.
DiMascio); a site visit by Natural Heritage.
Both Paul and Carole noted that even though the letter states that Natural Heritage has
determined the project, as currently proposed, will not result in a prohibited "take" of
state-listed rare species, it also states that any changes to the proposed project or any
additional work beyond that shown on the site plans may require an additional filing with
NHESP. If the site plans change or new rare species information becomes available, the
evaluation may be reconsidered.
Colin explained to the audience the Commission is requiring the applicant to provide
more information on the stream and the rare/endangered species, conditions to be set on
the plans so he can go forward with the project. If there are rare/endangered species and
they will be impacted by the plan, the applicant will be unable to go forward.
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Paul made the motion to continue until we get further data regarding the project. The
applicant is required, at their expense, to hire a wetland consultant, approved by the
Commission (the Commission will get 3 proposals and give the information to Mr.
DiMascio); required to have a stream stat study done to locate the stream, determine if
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the stream is intermittent or perennial and the stream added to the plan; Natural Heritage
to perform a site visit.
Cindy seconded.
Passed 6-0.
Mr. DiMascio told the Commission he would contact Natural Heritage about the site
walk.
The Notice of Intent was filed for the construction of a 30x24 house, 24x24 attached
garage, 24x34 deck, driveway, sewage disposal system and related grading within the
100 ft. buffer of Bordering Vegetated Wetlands and an Estimated Habitat of Rare
Wetland Wildlife. The Notice of Intent was submitted and approved by NHESP.
Perry DiMascio and Ralph Maloon of RIM Engineering were present.
This project for 18 & 19 Clementine Drive first came to Conservation as an ANRAD
February 27, 2006. The lots have different owners.
The stream that runs thru 18 Clementine Drive also runs thru this property. The land falls
within the Mansfield Water Protection District.
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Michele did not accept the original plans because the house/garage were within the 50 ft.
no work area. New plans were submitted with the house/garage remaining in the 50 ft.
area.
The work is out of the 25 ft. buffer with the house 32 ft from the buffer. Mr. DiMascio
said the project would not be able to be built if the applicant is held to the 50 ft.
Mr. DiMascio asked if the Commission members would hold him to the 50 ft. no touch.
The Commission was polled. All agreed the applicant must be outside of the 50 ft. area.
Michele asked if the SAS (soil absorption system) could be put under the driveway. She
feels the applicant could move the driveway to the other side of the property, downsize
the house and eliminate the garage to enable the project to go forth.
Ralph told her the SAS has to be 20 ft. minimum from the dwelling. Moving the
driveway to the other side of the property can't be done.
Mr. DiMascio said if the house is downsized and the garage eliminated, the value of the
property would be greatly decreased. He said the house would be approximately 6 ft. by
40 ft. if all the rules and regulations were followed. The house would be unmarketable.
Carole noted that the Mansfield by-law supersedes Natural Heritage.
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This property will also have to be evaluated by a wetland consultant, a stream stat study
done to locate the stream and determine if it is intermittent or perennial and a site visit by
Natural Heritage, the same stipulations required for 18 Clementine Drive.
If the project will be held to the 50 ft., Mr. DiMascio asked the Commission to deny the
project tonight. He said there is no point in going further with the project, incurring more
expense. Ralph suggested they continue to the next meeting to give the applicant time to
decide if, by making the changes required by the Commission, they will still have a
feasible project.
If Mr. DiMascio is denied this application, the denial will be because of the
environmental impacts resulting from grading and the large amount of fill.
A motion was made to continue until July 24, 2006.
Cindy seconded.
Passed 6-0.
Cindy wanted the Commission to know about a past filing for 3 Longwood Circle. The
applicant, Joe and Bonnie Frazier had filed a Notice of Intent (#211-767) for the
installation of an in-ground pool within the 100 ft. buffer of BVW. Cindy had noticed 12
r-' trees had been cut down, 4 or 5 of the trees were in the 25 ft. buffer. Mr. Frazier was not
given permission to cut any trees.
Mr. Frazier had spoken to Michele and agreed to replant 4 red maples and 8 high bush
blueberry.
The Commission would like an Enforcement Order to be issued to Mr. Frazier. He needs
to replant, with the planting scheme to be approved by the Commission and to have
signage.
Michele will issue an Enforcement Order.
Paul made a motion to accept the minutes of 6-26-2006.
Jerry seconded.
Passed 5-0. (Minutes were signed by Paul because Colin was not present at the meeting
of 6-26-2006).
Paul made the motion to adjourn at 9:30.
Jack seconded.
r' Passed 6-0.
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r Next meeting will be July 24,2006 at 7:00 pm.
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Co m auldwell, Charr
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