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HomeMy WebLinkAboutCONSERVATION06202016Town of Mansfield Conservation June 20, 2016 Minutes Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; Jack Smith; David Hobaica; Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting opened at 7:04 pm. 2. Request for a Certificate of Compliance: William LeFavor, 69 King Street, Map 19, Parcel 129. DEP SE 211 -0807 Ms. Gonyer explained the Order of Conditions was issued on May 19, 2008 for a single - family house; under this applicant, no work was started and the Order has expired. Mr. LeFavor is requesting a Certificate of Compliance to remove this Order from the deed. She recommended a full Certificate of Compliance be issued. Matthew Rieth made the motion to issue a full Certificate of Compliance to William LeFavor, 69 King Street, DEP SE 211- 0807; work was never started. Mr. Marcheselli seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:06 pm. 3. Request for Certificate of Compliance: William Lefavor, 69 King'Street, Map 19, Parcel 129. DEP SE 211 -0834. Ms. Gonyer said the Order of Conditions was issued in September 2009 and a single - family house was constructed in the approved location with a chain link fence and signage along the 25 -foot No Disturb Zone. The lot has been stabilized and the Order has since expired. Ms. Gonyer recommended a full Certificate of Compliance be issued, to include an ongoing condition that the fence and signage remain in perpetuity. Mr. Marcheselli made the motion to issue a full Certificate of Compliance to William Lefavor, 69 King Street, DEP SE 211- 0834 with the following condition that the fence and signage remain in perpetuity — see Condition #10 of the Order of Conditions. Mr. Hobaica seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:09 pm. 4. Certificate of Compliance: 10 Knight Way, Map 3, Parcel 269. DEP SE 211 -520. Ms. Gonyer explained this filing was approved in October 1995 for a single - family house on Lot 18 (now 10 Knight Way). A partial Certificate of Compliance was issued in November 1996; at that time the partial COC only verified the house location and a full COC was to be issued once the disturbed areas (lawn) were graded and stabilized. The lot has been stabilized and Order of Conditions has since expired. She recommended a full Certificate of Compliance be issued. Mr. Rieth made the motion to issue a full Certificate of Compliance for 10 Knight Way, Map 3, Parcel 269, DEP SE 211 -520. Mr. Smith seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:12 pm. 5. Request for Certificate of Compliance: Stephen Gallant, 6 Carol Road, Map 13, Parcel 67. DEP SE 211 -0903. Homeowner Stephen Gallant was present. Ms. Gonyer said this filing was approved with an Order of Conditions on July 11, 2013 for regrading (new drainage) of a side yard for a drainage swale, a channel drain for the driveway, a chain link fence and the repaving of a driveway for a single - family house lot. An area of crushed stone was to be replaced with pavers; this work was never done. She said the fence was installed along the perimeter of the back yard. At the Commission's request, four (4) Dogwood trees were planted along the back fence line. A deck was also rebuilt. Ms. Gonyer recommended a full Certificate of Compliance be issued. Mr. Marcheselli made the motion to issued a full Certificate of Compliance to Stephen Gallant, 6 Carol Road, Map 13, Parcel 67, DEP SE 211 -0903. Mr. Rieth seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:16 pm. 6. Request for Certificate of Compliance: Christopher Colby, 68 Williams Street, Map, Parcel. DEP SE 211 -0940. Ms. Gonyer explained this filing was approved with an Order of Conditions in May 2015 for a single - family house within 100 feet of a Bordering Vegetated Wetland. A partial Certificate of Compliance was issued for the property in November 2015, verifying the house location and was issued to allow for a land transfer; a full Certificate of Compliance would be issued once the lawn area was stabilized and the "Environmentally Sensitive Area" signs installed; the lawn area has been stabilized and the signs have been installed. She recommended a full Certificate of Compliance be issued. Mr. Rieth made the motion to issued a full Certificate of Compliance to Christopher Colby, 68 Williams Street, Map 6, Parcel 43, DEP SE 211 -0940. Mr. Hobaica seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:19 pm. 7. Request for Determination of Applicability: Melissa Almeida, 4 Keli Lane, Map 40, Parcel 285. Homeowner Melissa Almeida was present. Ms. Gonyer explained this application is for the removal of seven (7) mature trees (6 Red Maple and 1 White Pine) within the 25 -foot No Disturb Zone and within the wetland on a single - family house lot. She said the applicant came before the Commission in 2013 for the construction of an in- ground pool with associated patios, shed, and fence; a Certificate of Compliance was issued in 2015. Recently the homeowner had a tree company come out and review the trees beyond the fence; the tree company recommended the seven trees be removed for safety reasons. The applicant then contacted Ms. Gonyer. Ms. Gonyer said these are mature trees; there are many younger trees in this area, which will not be removed. She recommended the trees be flush cut and replaced 2:1 with substantial size saplings. Ms. Almeida said the trees to be removed are mostly mature Red Maples with one pine tree. She said because of the in- ground pool and fence, the trees will be removed by crane; the crane will be positioned on mats in the driveway, but if necessary, the crane can be placed in the side yard to reach the furthest trees. Ms. Almeida said the abutting neighbor, Jason Wisdom, has been verbally notified. Ms. Gonyer asked for a letter or e -mail from Mr. Wisdom stating he is aware the trees will be cut. Ms. Gonyer noted the trees are showing signs of senescence (graduate stage of death and decay in trees), with algae and lichen. She said because of the size of the lot and the maturity of the trees, she does not see a potential impact if the trees are flush cut. If approved, she would like to be notified when the work starts and noted the determination allows for seven (7) trees to be cut; if anything changes, she should be contacted. Mr. Healey said if the trees on the south side of the house are beyond the reach of the crane, maybe these trees should be cut and left in the wetland. Mr. Hobaica said more damage would be done to the canopy if the trees were allowed to fall into the wetland and then cut into sections. Mr. Marcheselli made the motion to issue a Negative Determination for reason #3 to Melissa Almeida, 4 Keli Lane, Map 40, Parcel 285 for the removal of seven (7) mature trees for safety purposes within 100 feet of a Bordering Vegetated Wetland (work will not alter Resource Area) with the following special conditions: Trees are to be flush cut; two (2) trees within the resource area shall be cut and left in place; notify the agent after the trees are cut. Mr. Rieth seconded the motion. Motion passed 5- 0 -1(Mr. Hobaica abstained). Hearing ended at 7:43 pm. 8. Request for Determination of Applicability: TEC Associates, Massachusetts Coastal Railroad Right -of -Way Vegetation Management. Ms. Gonyer explained Vegetation Management Plans (VMP) are submitted and approved separately from the Wetland Protection Act and the Yearly Operation Plan (YOP) would be submitted under a Request for Determination of Applicability; she said it was noted in this filing that the VMP expired December 31, 2015 but there is no associated filings. She suggested the hearing be continued until she receives the actual VMP. Mr. Marcheselli made the motion to continue the hearing for TEC Associates, Massachusetts Coastal Railroad Right -of -Way Vegetation Management. Mr. Rieth seconded the motion. Motion passed 6 -0 -0 Hearing ended at 7:48 pm. 9. Correspondence: 10. New Business: 11. Old Business: Restrict Hunting at Sweets /Kalnin Property (Map 3, Parcel 306): Ms. Gonyer said she visited the site and found a large fort with a fire pit on Town property. She said someone is using the area to dump couches and other debris, large trees have been cut and ATV and dirt bike trails have been made. She said DPW will have to be involved in the clean up of the site. While at the site she notice an abandoned vehicle with bullet holes; the Mansfield Police Department was contacted and they are investigating. She said this is not a very large site and with state regulations restricting hunting within 500 feet of residences, the hunting area for this land is very smaller. Mr. Marcheselli asked if Sweet family members were notified about the proposed restriction of hunting. Ms. Gonyer said she has not heard from any family members. She said from discussions with abutters to this property, she does not believe this area is used by many hunters. Mr. Rieth noted the ball fields are nearby. Ms. Gonyer said this land was donated in 1977 and the original deed does not stipulate for hunting to be allowed. She noted this issue has been on the agenda since January 2016 and no one has come forward with complaints or concerns about the decision. Mr. Healey said if the hunting ban is approved on this property, the Commission can always re- evaluate the issue in the future. Mr. Rieth made the motion to have no hunting on the Sweets /Kalnin Property (Map 3, Parcel 306). Mr. Smith seconded the motion. Motion passed 4 -2 -0 (Smith, Rieth, Healey, Hobaica for and Marcheselli and Maxwell opposed). Ms. Gonyer asked that $150.00 be allocated for new signs prohibiting hunting, date specific, on Sweets /Kalnin and the Marie Streese Conservation Area. Mr. Hobaica made the motion to allocate $150.00 to purchase "No Hunting" signs for the Sweet /Kalnin and Marie Streese Conservation Area. Mr. Rieth seconded the motion. Motion passed 6 -0 -0. Site updated: 8 Jewell Street and 140 Williams Street. Ms. Gonyer said approximately fifteen trees have been cut out side the limit of work at 140 Williams Street. She contacted the property owner; he said everything removed was approved by Magdalena Lofstedt, the acting agent while Ms. Gonyer was on leave. Ms. Gonyer visited the site with Town Engineer Richard Alves; Mr. Alves had been on site with Ms. Lofstedt when the trees to be removed were discussed. Mr. Alves said only a couple of trees were approved to be removed. There is also a pile of dirt and debris on site that Ms. Lofstedt recommended be removed. Ms. Gonyer said 8 Jewell Street looks ok. She said the owner was given permission to remove 7 -8 pine trees within the 25- foot No Disturb Zone. She said if there is a violation on these sites, she would suggest the applicant come back for a discussion. She would recommend restoration and the pile of dirt and debris be removed and the area regraded. She said because of the impact to the site over the years, the area could use top soil, shrub layer and ground cover. Mr. Marcheselli made the motion to approve the minutes of May 16, 2016, Mr. Hobaica seconded the motion. Motion passed 5 -0 -1 (Mr. Maxwell abstained). Ms. Gonyer said electronic copies of the Open Space Plan will be sent to the Commissioners. 12. Adjournment: Motion to adjourn at 8:35 pm. (Marcheselli /Rieth) Passed. Next meeting will be July 18, 2016. Michael Healey, Chairman Date