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HomeMy WebLinkAboutmin of conservation com 10/23/2006 RECEIVEO ~. ~ "'Ie ~"'.. t"1. ~1 f"" r"""\ ',,"", """ I (..., t~ .,' :, ~,' "', ,~..l r ]- : '__' L "'~. 1;,' r 06 NOV 20 PM 12: S2 Conserva:::~~~i= M~tJ:6~~~~~TS Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole Matthew; Ben Monachino; Cindy Ostrowski; Jack Smith; Michele Grenier, Conservation and Environmental Planner. 'ftJ3. ore- ,. ",. ,JlalldeJd 2 As-Built plans submitted, one for the construction of an apron, taxiway and access road and one for the construction of the hangers. Michele performed a site walk in September and both As-Built plans agree with the original plans and the site. She recommends a Certificate of Compliance be issued. Paul thought the runways and buildings were in great shape. r The applicant will come back to Conservation for the repaving of another area. Paul made the motion to accept the Certificate of Compliance for the Mansfield Airport Quadrant Four (Order of Conditions, #211-0695). Ben seconded. Passed 6-0. A septic As-Built plan was submitted (revised 1-13-(6). The area has been loamed, seeded and stabilized. Michele m8de a site inspection on September 25,2006. She said the area is stable and the grass is coming up. She recommends a Certificate of Compliance be issued. Paul made the motion to accept the Certificate of Compliance for 260 Plain Street (Order of Conditions, #211-0741). Jack seconded. Passed 6-0. r lof7 (' The Request for Determination of Applicability was filed for the excavation and construction ofan in-ground Gunite pool within the 100 ft. buffer of bordering vegetated wetlands. Bob Blain of Pools by Andrews and James Harlor, the homeowner, were present. Michele walked the site on October 12, 2006. The pool will be located approximately 52 ft. from the wetlands. She would like silt fencing or a hay bale line placed on the wetland line to establish the end of the work area. She recommends issuing a Negative 6 Determination. The pool will be on the lawn directly behind the home. The grade is flat. Michele asked if the site ever flooded. Mr. Harlor said the area had flooded this past spring for the first time since he has owned the house. Mr. Blain said they would be going down about 9 ft. Because of the high Water table, a layer of crushed stone would be put down. A hydrostatic valve would be installed to remove the water before the pool is built. Paul thinks it would be a good idea to get a soil sample first. The Commission asked that no materials be stored on site. Mr. Blain said all spoils (' would be removed from the site except for the fill needed for backfilling. . A cartridge filter will be used, eliminating the need for chlorine. Cindy asked why a Notice of Intent was not filed. Michele said DEP does not require a Notice of Intent if it is 25 ft./50 ft. way. This applies to pools, patios, porches, decks and additions. DEP does not want to see NOI filings for anything 50 ft. or more for anything. Paul made the motion to accept the plan as drawn, dated April 26, 1996, and to issue a Negative 6 Determination with the condition a silt fencing/hay bale line be placed 25 ft. from the wetland line; hay bales are to be inspected; no spoils are to be stored on site; all material excavated be removed from the site. Jack seconded. Passed 6-0. 10hn Sullivan, Town Engineer and Rick Alves were present. ~ The Notice of Intent was filed for the construction of an 8 ft. wide gravel access path for the maintenance of an existing cross-country sewer from Plymouth Street to King Arthur Way. This is a "limited project" . Work to be done will be in an area protected by the Wetlands Protection Act and the Town of Mansfield Wetland Protection By-law. 20f7 Replication of some wetlands and adjustments to existing sewer manhole cover grades r will also be necessary. John said the sewer line, some of which has turned to wetlands, extends from Plymouth Street to King Arthur Way. There is access from King Arthur Way to a brook on the site but not from Plymouth Street to the brook. In order to service the manholes on either side of the brook, workers must hop over the brook. The proposed access path would start about 40 ft: west of Plymouth Street and extend about 110ft. from the brook. Entrance to the path would be from the Plymouth Street Recreation area, near the tennis courts. John told the Commission that due to the lack of access from Plymouth Street to the sewer line, needed repairs to the line have not been done. He said that 3 of the manholes are presently leaking. John explained that sewer structures in disrepair allow an inflow of water into the town's System. It can also allow for sewage to flow into the adjacent wetlands. Rick said the proposed gravel path would be approximately 8 ft. wide, at grade or approximately a foot above existing topography at low points. All the work would take place within the Town's existing 3D-foot wide sewer easement. .r' Rick explained that by raising the gravel access road, the manhole covers would need to be raised to get them out of standing water. Rick told the Commission approximately 11,710 sq. ft. of wetland will be disturbed along the sewer line. The replication will be done in 6 areas within the existing sewer easement or adjacent town property. The replication is 11,800 sq. ft. The replicated wetland would be hydrolOgically connected to the same body of water as the original wetland. Soils removed from the wetland lost during construction would be removed and used immediately in the replication areas or stockpiled until needed. Michele walked the site in June and delineated the wetlands in July and August. She recommends an Order of Conditions be issued. Michele said they would be required to do a 401 Water Quality Certificate The work: will be performed by DPW during the summer months of next year. The Engineering Department will perform the construction layout and inspection. An erosion control barrier of hay bales and silt fence will be installed prior to construction and will be removed only after the area is stabilized. The fencing will be discarded off-site and the hay bales will be left to deteriorate naturally. r Rick said hay bales would be placed along the areas of disturbance and along the entire perimeter of the replication areas. 30f7 r Trees will be cut on Town property only. Michele will work with John on a plant list/planting scheme. Paul made the motion to accept the proposal as drawn (dated September 6,2006) for the construction of an access path for cross-country sewer maintenance and the replication of 11,800 sq. ft. (#211-0783) with silt fencinglhay bales to be placed at the areas of disturbance and along the replication areas. A 401 Water Quality Certificate will also be required. Jack seconded. Passed 6-0. .. 6. Netiee er. _.. The Notice of Intent was filed for the purpose of constructing a 23xl7 addition, deck, sewer connection and related grading within the Riverfront Area (Robinson Brook). No work is proposed in the 100 ft. buffer zone. The addition will be constructed on the side of the house. Ralph Maloon of RIM Engineering was present. r Ralph told the Commission the work is totally out of the 100ft. buffer and above the flood plain but almost entirely in the Riverfront Area except for 15 ft. in the front of the house. Grading and landscaping have previously disturbed the location of the proposed work. An alternative plan would be to place the addition to the rear of the house, making it closer to the wetlands and Robinson Brook. Approximately 1,400 sq. ft. of the Riverfront Area will be altered. Ralph told the Commission the house would be connected to the Central Street sewer line. A pump chamber will be installed in the same location as the existing septic tank. The existing septic tank is to he pumped, crushed and the area filled with clean sand and gravel. Michele told the Commission the work area is within the 200 ft. Riverfront Area but not the 100 ft. It is out of the 50 ft. no touch and not within the 100 ft. buffer of wetlands. She recommends an Order of Conditions be issued with silt fencing or a hay bale line at the limit of work. The applicant will not be required to do an alternative analysis. Cindy had noticed pine tree limbs along the bank of the brook. Michele wiJllook at the area around the brook tomorrow when she visits the site. A motion was made by Cindy to accept the plan for construction of an addition, deck and sewer connection, as drawn, dated September 22, 2006, and to issue an Order of Conditions with hay bale line/silt fence at the limit of work, on the 100 ft. buffer line. Ben seconded. r Passed 6-0. 40f7 11 ,1" r S1;' ,4t Grove 8....1 40 Grove Street: Peter Fontanini, the land owner, Attorney Ed Valanzola, Ralph Maloon, RlM Engineering and Jerome Carr of Carr Research Laboratory, Inc. were present to discuss the wetland alteration. Colin reminded the applicant he was only on the agenda to give the Commission an update on what is going on as far as the property is concerned. Dr. Carr flagged the limits of an isolated wetland based on soil and vegetation. RIM Engineering located the flags (#1-31) and new site plans have been drawn up. Flags 1-3 and all flags numbered 5 and higher are in upland areas and not a concern as far as the violation is concerned. The Enforcement Order stated approximately 15,000 sq. ft. had been filled. Mr. Carr feels a maximum of95 ft. of wetland has been filled. At the request of the Conservation Commission, a soil evaluation was done. 4 trenches were excavated (the trenches have been added to the site plan) initially. Dr. Carr had 3 additional trenches dug. Along with soil observations, Dr. Carr noticed trash, metal parts, tires, concrete pieces stumps and numerous boulders in the old fill. After the excavation of additional smaller trenches, Dr. Carr believes the extent of the disturbance to be approximately 88 sq. ft. Having evaluated the soil samples of both new and old fill, Dr. Carr concluded the old fill was from glacial till. Soil from the recent ~ activity was from a naturaI sandy soil. Dr. Carr ordered aerial photographs of March of2004. Dr. Carr observed several hedges and row of trees as well as some fence lines. Dr. Carr feels the photographs confirm that most of the area had been filled a number of years before the hedgeltree/fence line existed; the old fill observed in the trenches was already in place. The photographs show an area of wetland, now filled, but not filled prior to 2004. Dr. Carr feels when you look at the combined aerial photography and the soil evaluations, the total wetland filling is approximately 230 sq. ft., about 2 per cent of the 15,000 sq. ft. referred to in the Enforcement Order. Colin thanked Dr. Carr for the presentation Michele told the Commission that there is a potential vernal pool on site and there is fill that needs to be removed. It consists of big sewer connections, cables, tires, stumps, etc. Paul wanted to know if pictures had been taken of the site when Michele first went to the site and during the recent excavation. No pictures were taken when the violation was first reported. Colin asked Michele when Peter Fletcher would be on site. Michele and Peter will be r there the 25th of October. 5of7 .- ( Carole wanted to know why Dr. Carr had not seen the vernal pool. Dr. Carr does not think there is a vernal pool on the site, based on his observations in July. Michele said the area would have to be looked at in the spring of 2007. Michele will send any information sbe receives from Peter Fletcher to Dr. Carr and Attorney Valanzola as soon as she receives it. Colin feels the hearing should be continued until the November 2Th meeting: we will get Mr. Fletcher's report. It will be reviewed and the applicant will then file to be put on the agenda for the 27th. Attorney Valanzola would like to still be at the November 13th hearing. Angdo Pasqualino, 33 Angdina Lane: Continued indefinitely. Robert Meeks, 72 Williams Street, "Appaloosa Residential Compound-#211-0747- land donation: Colin told the Commission Natural Resource Trust has voted to accept the land. Will be continued to November 13, 2006. Mr. Borghi, 102 York Road: The contraetorcalled, took the blame for the work that has been done. A hay bale line has been put in place as of last Friday to prevent further r erosion. Michele will go out to York Road with Mike Ahem inspect. Cindy would like to go with her. Paul asked Ben what legally could be done. The violation occurred over a year ago. He wondered if a court order should be issued to Mr. Borghi. Ben suggested that Bob Mangiaratti be called. Herbert Prew, 10 Longwood Cirde-Michele has heard from Mr. Prew and he will submit an After-the-Fact Notice of Intent and submit a replication plan to Conservation. Michad AtwiII, 95 York Road-#211-0752-A phone message was left in regards to Mr. Atwill's progress. The Town of Attleboro has also caUed Michele to inquire what has been done, ifany plans have been submitted. Attleboro is going forth with the lawsuit/fine against Mr. AtwiII. Mr. Atwill was to have done a second planting by this past September. Michele will follow up with a letter and Michele and Cindy will also do a site visit. Police Shooting Range: Cindy wanted to know if anything had been done about the Police Shooting Range-#211-0758- as far as a lead recovery program. Michael Trowbridge was supposed to look in to a program. Michele has dealt with this at other ranges and has material from the EPAon lead recovery for the Commission to read. r Colin said the state bas a program. 60f7 r- Cindy asked Michele if she has compiled the list of successful replication areas. By the next meeting, she should have the list and pictures of each replication for the Commission. Vasilios Boutas, 18 and 19 Jennifer Drive-#2ll-0731kleed restriction for 30.2 acres donated. The deed restriction has not been done yet. Michele told the Commission someone is in the process of buying both parcels and the restriction would be part of the sale. The new owners will own the 30.2 acres. Mullin Rule: On May 12, 2006, a bill was signed by Governor Romney, enabling a member of a municipal board, committee or commission who has missed a meeting to participate in future proceedings where the same matter continues to be discussed. It would require the Selectmen vote to accept the new rule. It will also have to be accepted at Town Meeting. The Commission asked Michele to talk to Lauren to see if they have accepted the new rule. r Barry MacLean, 13 Oakleaf Drive-#211-0754-Enforcement Order was issued to Mr. MacLean because he cleared a wooded area within the buffer zone, logs, shrubs and brush were placed close to the wetlands. Mr. MacLean was advised to hire a Wetland Scientist to delineated the wetland line and to submit a planting scheme to replant the bordering vegetated wetlands 25 ft. no alter zone. Michele said the plants are in and she will put together a report. ShauD Kelly, 20 Carol Road-Enforcement Order issued April 25, 2006: Michele needs to look at the site to make sure Mr. Kelly has put up signs along the entire property line. Mr. Kelly was to have the work completed by September I, 2006. "Gilbert Park"-#211~744-need to check to make sure signs (Environmentally Sensitive Area-Do Not Disturb) were put up for lots 1-6 On the 100 ft. buffer zone line in the back of the lots on 100ft centers. Carlos & Elizabeth Vieira, 430 Fruit Street: Enforcement Order issued April 11, 2006. Michele sent Mrs. Vieira a letter, has not heard back. Mn. Barnes, PiDe Street: illegally using land for dirt bike riding. Michele told the Commission the bikes are no longer being used on the land. Eagle Scout Troop 55 Project: a scout member wants to do a cro~ over a stream in Great Woods. Colin asked that the scout be put on the November 13th agenda to present his idea. Michele told Colin to have him call her. Colin told him he should come to the hearing with sketches and a materials list. Also will need a time frame for when the project would start and end. r 70f7 r Essex Street: the Commission is concerned about the fence, what is the extent of it and there is some concern that contaminated fill is being use on the site. Michele will contact DEP about the contaminated soil and will look at the fencing. National Lumber: Colin-site cleaned up nicely, gates are still there. Check to see if they are necessary. The Commission had asked National Lumber to remove the fence gates. Mansfield Crossing: hay bales have been installed backward and the silt fencing has been folded the wrong way. Paul need confirmation the hay bales/silt fencing is in right. Michele will walk the site on Wednesday. Mansfield Crossing, Lou Masiello: Michele needs to send a letter to Lou Masiello about the open space (Norbeck property-parcel is approximately 75 acres of which they are developing 35 to 40 acres with the remainder being left as open space. Colin would also like a letter sent to Mr. Masiello about the donation to the Town of Mansfield. Colin feels the tenants should be involved in this process also. Soccer fields: they are doing some grading out in the back. Michele needs to look at the fields. Colin suggested hay bales should be placed around the piles in the field. ("' Paul made the motion to accept the September 11, 2006 minutes. Carole seconded. Passed 6-0. Cindy made the motion to accept the September 27,2006 minutes. Paul seconded. Passed 4-0. Ben and Carole abstained. Paul made the motion to adjourn at 9:30. Jack seconded. Next meeting will be November 13, 2006 at 7:00. (j;t ~~tt(!C~) Colin Cauldwell, Chairman [lit 3 ~6 I / Date ~ 8of7 . -