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HomeMy WebLinkAboutmin of conservation com 09/11/2006 .. RECEIVED "lY' , C\ rQ!{C; OJ:'F !('IE ... ,"' 1'; ~".' '... t f \., Conservation Commission Meeting 06 OCT 24 PH 12: 23 September 11,2006 t1Ar~Sf IELD Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole ttMS~ETT.s Monachino; Cindy Ostrowski; Jack Smith; Jerry St. Hilaire; Michele Grenier, Conservation and Environmental Planner. r- John Sullivan, Town Engineer, and Boy Scout Matthew McCue were present. John Sullivan filed the Request for Determination of Applicability for the maintenance and improvement of the West Street Duck Pond (near Fulton Pond Park) as an Eagle Scout project proposed by Matthew McCue. The project is located between the Fulton Pond Dam and West Street. The main improvement includes the addition of a fountain in the middle of the pond, along with improvements to the surrounding area. The work will also include: the installation of an underground electric service to operate the fountain; three or four mounted molded-plastic ducks within the pond; the addition of a small granite monument and plaque adjacent to the pond; maintenance cleaning of the area and an existing pipe. r John said the outlet pipe on the pond side is presently clogged and will be cleaned out and fitted with an up-turned (elbow) pipe and grate to control the pond water level. He said the level should at least be maintained at 3 ft. Paul was concerned about the water level at Fulton Pond Dam and how it would affect the levels in the duck pond. He wanted to make sure the water level in the duck pond would be maintained. John said the fountain will be in operation between April and September and with the proposed outlet control, should function as needed during normal operation of the dam. John will check with Mark Cook about Paul's concerns. Matthew told the Commission the fountain will have 3 tiers and will have a continuous spray of approximately 16 ft high and 20 ft. wide. The 3 or 4 plastic ducks will be mounted on stainless steel pipes or on concrete posts. The posts will have adjustment points, so the ducks will always be at water level. John said the work is not within a wetland area or within an area subject to protection under the Wetlands Protections Act. The filing is made under the Mansfield Conservation Commission By-Law. The by-law, under paragraph 2.2.2, does not apply to maintenance and repair of existing structures and facilities used to provide public services and existing public ways and associated drainage facilities, provided the Commission is notified prior to the beginning of the proposed work. r- lof7 An existing pole will supply electricity for the fountain. r- Prior to the start of work, the inlet pipe from Fulton Pond to the duck pond will be shut off. An erosion control barrier, consisting of an embedded siltation fence and staked hay bales will be placed around the outlet pipe to prevent any debris or sediment from reaching the river. The boy scouts and the DPW will do the work within the next few months. Work should be completed by November 2006. Michele performed a site walk in August; there are no wetlands associated with the pond. John has requested a Negative 2 Determination. The proposed work is within an area subject to the Mansfield By-Law, but will not remove, fill, dredge or alter that area. Paul made the motion to accept the plan as submitted, dated 8/21/2006, for the improvements and maintenance of the West Street Duck Pond and to issue a Negative 2 Determination. Jack seconded. Passed 7-0. r- Kurt Gaffney, Water Operations Manager and Robert Chapell of Woodard & Curran, Inc. were present. The work will be performed in paved municipal roadways, to include Ware Street, Essex Street, Steams Avenue and an easement located between Necco Road and Monahan Lane. The work will start on East Street, heading south, and will involve the replacement of an existing 8-inch water main with a new 12-inch main on Ware Street and Essex Street up to Mill Street. The town will also be relocating hydrants, replacement services, valves and fittings. Catch basins will also be installed. The second phase of the project involves the installation of a new 12-inch water main through the easement between Necco Road and Monahan Lane. Necco Road and Monahan Lane are dead end lines. To connect the line, this area will be done using directional drilling. This will result in no landscape disturbance (saving the trees). The drilling will involve about 360 ft. The third phase of the project is the tie in of Steams Avenue and will extend through to the Easton Town Line. The Mansfield residents, currently connected to Easton, will be r 20f7 disconnected from the Easton line and connected to the Mansfield line. There are no wetlands along this route. r Bob Chapell told the Commission the 8-inch water main on Ware Street is being replaced because the system is old and leaking and they have had numerous breaks (some last week). By replacing the old main with 12-inch pipe, it will increase water capacity and the quality of the water. Kurt and Robert both said directional drilling is a good way to go when dealing with buffer zones and resource areas. Cindy wanted to know what directional drilling is. Kurt explained both sides of the area are opened and a machine drills and pulls through a solid high-density pipe. This serves as the conduit for the water. Michele drove and walked the entire installation route with Robert Chapell to review the location of the wetlands in relation to the work and review the underground boring method offNecco Road to Monahan Lane. She said the wetlands are far enough away from the road so it should not be a concern. All the work is within the existing roadway and the drilling will be performed under a small wetland area. Hay bales and/or siltation fence will be put along the side of all the roadway areas abutting wetlands. She recommends a Negative 3 Determination. Kurt said they would be going to a special Town Meeting this fall for approval. Work r will start in the spring of 2007, weather permitting. The directional drilling will take about a week to complete. Cindy wanted to know why the work is being done on Ware Street. Kurt said it is simply to up-grade the system. She asked why they were replacing the line on Necco Road to Monahan Lane. Bob explained these are dead end lines and there is concern about the deterioration of the water quality. Also, by tieing in to the East Street main, it will enable the town to maintain the service to this area if there should be a break or failure in the system. Bob Chapell also said they are looking at directional drilling for select culvert crossings (3 or 4 culverts) on Ware Street. One culvert already has an existing crossing but needs to be maintained. There is a concern the existing culverts are rusting out. Jerry made the motion to accept the plan for the Ware Street and Essex Street Water Main Improvements, project # 212637.01, dated August 2006, and to issue a Negative 3 Determination. Paul seconded. Passed 7-0. r 30f7 Michael Koury, the homeowner was present. r The Notice of Intent was filed for an in-ground pool within an Estimated Habitat Area. The distance between the closest project disturbance and the associated resource area is 110 feet. The project is also within an Area of Critical Environmental Concern, the Canoe River. Lakeside Pool and Supply Co. will be installing the pool. Mr. Koury told the Commission a 6 ft. cement apron would be installed around the pool. A chain link fence, 48 inches high, will be installed around the apron. A sand filtration system will be used and backwashed 1 or 2 times a season. Colin suggested Mr. Koury add a dry well for the backwash so it does not drain on to the lawn or into the wetlands. He would like this made a part of the conditions. Because the pool is approximately 110ft. from the wetlands, Michele recommends an Order of Conditions be issued. She told the Commission Mr. Koury filed because he was in an Estimated Habitat. r Cindy asked the distance from the house to the pool. Mr. Koury said the pool would be located 28 ft. from the house. Cindy would like this added to the plan. Cindy made the motion to accept the plan as drawn for the installation of the in-ground pool for 19 Jameson Court (plan of Record dated April 24, 1996) with the conditions that the sand filtration system be backwashed into a dry well and that the plan show the distance between the house and the pool is 28 ft. Ben seconded. Passed 7-0. Ralph Maloon of RIM Engineering was present. This filing is for a proposed addition on the back of the existing garage with an addition connecting the house to the garage (this addition is not included in this filing, not a Conservation concern). A 12x12 deck and a 5.5x4.5 bulkhead will be added along with a new sewage disposal system and related grading. Some of the work will be done within the 100 ft. buffer zone. Siltation control to be staked in place prior to construction and maintained until work is complete and area has been grassed and stabilized. r- 40f7 r Michele had no comments. She performed a site walk, the wetland line is accurate and all work is outside the 25 and 50 ft. no disturb area. The sewage disposal system meets all the state and Mansfield requirements. An existing shed will be moved. Colin asked where the shed would be relocated. Ralph did not know at this time. Colin wants it to be a condition that the shed not be placed beyond the limit of work. Cindy made the motion to accept the plan as drawn, dated August 17,2006, with the following conditions: the shed not be located beyond the limit of work and an as built be submitted when the work is completed. Jack seconded. Passed 7-0. Continued to October 23, 2006. Michele wanted the Commission to know the borings are being done for 40 Grove Street on Tuesday, August 12th at 10:00 am. Michele will be present. r- Continued to October 23, 2006. Michele said the applicant would be coming back with new plans. Michele talked to Town Council by phone (nothing in writing). Bob Mangiaratti said because the owner has owned the land from day one, it will not be a taking. She had a chance to exercise her right to sell. He also said the By-law should be re-written for clarification of the 25 ft and 50 ft. no touch area. Carole made the motion to accept the Conservation Restriction as written for the parcel of land off Nicole Road, Map 40, Parcel 103 (the house number-25 Noreen Road), for 13.31 acres of land, part of the subdivision known as Eastfield Estates. Paul seconded. Passed 7-0. Cindy made the motion to approve the minutes of August 28, 2006. Ben seconded. Passed 7-0. r 50f7 ~ Robert Meeks, 72 Williams Street, 5-lot subdivision, Appaloosa Residential Compound-continued indefinitely-Michael Trowbridge wanted to know if the Town is still interested in the land Mr. Meeks would like to donate to the town. The land abuts land already owned by the town. The Notice ofIntent was filed January 17,2006. Angelo Pasqualino, 22 Angelina Drive-Michele told the Commission Mr. Pasqualino will have to submit a new Notice of Intent. The original filing was dated May 23, 2006. Essex Street: The State Attorney has given Mr. Clemmey permission to build the barn. The barn is not in the disputed area. Chris Ross from DEP has been in contacted with the State Attorney. Mr. Clemmey has not been given permission to do any work on the roadway or fencing. Colin would like something in writing confirming the State Attorney has given permission to erect the barn. Michele should contact the State Attorney or Chris Ross for a confirmation letter. "...-.- 102 York Road: Michele told the Commission Mr. Borghi did not sell the house. Michele had sent him a letter and has phoned him with no response. The Commission would like to issue Mr. Borgi a court order. Michele will talk to Town Council about a court order, the pros and cons. Paul: there could be a fine if not corrected within a reasonable time or lack of a response. Conservation Restrictions: Carole would like to talk with the Town Council about the pros and cons of Conservation Restrictions verses gifts of land. Signs: The Commission would like Michele to draw an accurate sized sign that reads "Environmentally Sensitive Area-Do Not Disturb" to show to applicants who are required to put the signs on their property. Heron Crest: The Commission wanted to know if anything has been done about the Certificate of Compliance for this project, has a letter been sent? The Commission had requested a letter be sent to the construction company to inform them a partial Certificate of Compliance has been issued for Unit A 201 only. They need to get a final Certificate of Compliance for the entire project before the Commission will issue any more partials for individual units. Colin reminded the Commission that Conservation is only concerned with the units near the wetlands. r 6of7 ~ 1 9-11 Hampshire Street: Grass clippings had been thrown into the wetlands by the landscaper. Michele said the grass clippings have now been removed from the wetlands. She and the owners of 9-11 Hampshire Street think a neighboring building has also been throwing grass clippings into the wetland area. Michele will continue to monitor. 262 Plain Street, James Valentine: Mr. Valentine was notified by letter September 21, 2005 that he was in violation for work done in the BVW and Bungay Pond without a Notice of Intent. Mr. Valentine was in violation for the existing asphalt around the home and within the bordering vegetated wetlands and Bungay Pond. He had also cut trees within the wetland. When Mr. Valentine came before the Commission on September 26, 2005, he was told he needed to come back with a plan for the property. Colin said Mr. Valentine is digging up along the lakefront, putting in rocks. Jack has seen a truck with fresh stone backed into the driveway. The Commission would like Michele to check back with Mr. Valentine. 95 York Road: Colin would like Michele to check on Mr. Atwill's progress. r National Lumber: Colin would like Michele to check back with National Lumber in regards to the fence gates. Have they been removed? 10 Longwood Circle, Herbert Prew: Mr. Prew was issued an Enforcement Order June 5, 2006. He was required to hire a professional wetland scientist to delineate the wetland line and submit a replication plan to Conservation. Nothing has been submitted to Conservation. Michele will check with Mr. Prew. Jerry made the motion to adjourn at 9:15. Carole seconded. Passed 7-0. Next meeting will be October 23,2006 a~~ Colin Cauldwell, Chair loft- J.kL Datb { ,r-- 70f7 1 .