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HomeMy WebLinkAboutmin of conservation com 07/10/2006 r- ." ~f~;IVtD ~~~ , \.'i:HI'(" 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 , T ~ 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. r-' 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. ,,- 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 20f8 r T ~ 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. (' 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. 30f8 11 ~ 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. r-' 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. r-' 40f8 r I r 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. r-' 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. ,,- 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 50f8 r T ~ 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. (' 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. ,,- 60f8 r ..., r'" 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. 70f8 . T r Next meeting will be July 24,2006 at 7:00 pm. <?I#4~(Jaf Co m auldwell, Charr r- ~ 80f8 r IT ~~t Date