HomeMy WebLinkAboutCONSERVATIONminutes08132007-20070906083951
Conservation Meeting
August 13, 2007
Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole Matthew; Jack Smith; Joe
Mulkern; Cindy Ostrowski; Michele Grenier, Conservation and Environmental Planner.
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Attorney Ed Valanzola and Mr. And Mrs. Deberghes were present.
Mr. Deberghes wrote a letter and submitted a proposal to Michele, asking the Commission
for permission to clear a portion of their backyard to make a small play area for their
children. Due to the slope of the property and the placement of the foundation, the rear
yard is too small to even allow for a swing set. They are requesting permission to clear
into the 100 ft. buffer of a certified vernal pool.
They have lived in Mansfield for about 8 years and bought their house last fall. At the
time they were aware of a vernal pool on site and that a portion of their property was
within the 100 ft. buffer zone, limiting the use of the land. In addition, there is an access
and utility easement on the left side of their property.
Mr. Deberghes told the Commission the vernal pool is surrounded by 300,000 sq. ft. of
common land that will never be developed.
The vernal pool was certified on June 19, 2006.
Ed told the Commission when they first looked at the property it was their understanding
the house was going to be located more to the front of the property. The foundation was
put in a location they hadn't anticipated. The builder told them they would get some relief
from Conservation as far as the vernal pool was concerned and gave them a plan with the
100 ft buffer of the vernal pool designated as an "area subject to special concom request"
but the approved plan designated this area as a "no disturb area".
They had already put $50,000.00 down as a deposit when they discover some of these
issues-the vernal pool, access road.
Ed told the Commission they only want to put in a small lawn in their backyard. A stone
or wood wall would go across the back of the property to serve as a barrier for the vernal
pool. The Deberghes' have considered creating an additional habitat area, to create more
of a vernal pool habitat. Suitable soils and plants would be brought in to insure the health
of the habitat. They are opened to suggestions or ideas from the Commission to help
create more of a backyard, and will appreciate whatever the Commission can do for them.
Paul feels the house could not have been moved forward enough to allow for a bigger
backyard.
Mr. Deberghes told the Commission that the access and utility easement has been made
into a retention basin, further limiting the use of their land.
Michele had no comments other than to tell Mr. and Mrs. Deberghes that our by-law
restricts all work within 100 ft. of a certified vernal pool. The Commission has never
allowed work to be done in this area.
All agreed this was a problem concerning the builder. Ed Valanzola said whatever
recourse they might have with the builder does not change their backyard. Monetary
damages won't change the problem.
Michele told the Deberghes' there is a no disturb buffer zone around the vernal pool on
the approved plan. The Order of Conditions also stated signage, no less than two signs
per lot be placed along the southerly property lines of lots 10 and 11, the easterly lot line
of 9 and the frontage of Common Open Space area #3. The signs should read
"Environmentally Sensitive Area", the exact language to be decided by the Commission.
Colin told the Deberghes' that all these conditions would have been placed on their deed.
Cindy feels the builder knew the restrictions the vernal pool would require.
Carole feels it is in the town by-law, the 100 ft cannot be waived. If one person is allowed
to work within the 100 ft no touch area, everyone else will expect to be able to do the
same.
Ed Valanzola said he knows the Town's position has been pretty consistent about no work
within the 100 ft. But state regulations do allow for this as long as there is no adverse
effect. He feels there is some discretion. "We can look at this and try to provide a
reasonable solution."
Cindy said she feels bad for the homeowner; it is a shame the builder misrepresented the
property but people need to do more research when buying a home. She feels the 100 ft.
buffer cannot be touched.
Mrs. Deberghes told the Commission the vernal pool was not certified at the time they
signed papers to buy the house.
Colin told the Deberghes' that the 100 ft. no touch is the absolute minimum protection
vernal pool species need to survive. The 100 ft. buffer is to provide the necessary
safeguards to protect the resource areas, under both the state and local laws.
Paul said this property should never have been passed. A Notice of Intent should have
been filed for some of these houses.
The Deberghes' asked why the signage had never been put in place. Michele said there
has been no request for a Certificate of Compliance for any of these lots. If the builder
had filed for a Certificate of Compliance, prior to the issuance, the site would have been
examined for compliance of the Order of Conditions. If the Order of Conditions had been
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recorded at the Registry of Deeds, the Deberghes' would have known about the conditions
and the attorney would have applied for the Certificate of Compliance to remove the
conditions from the deed before closing on the property.
Colin told the Deberghes' he would give them a sense of the board vote.
Paul made the motion that the Board vote on the presentation as given and not allow
work within 100 ft. of the vernal pool.
Cindy seconded.
Passed 6-0. Ben abstained.
13... Notice of Intent: .860 Map1t!Street,Anl'lit! Bau.....tt::lli...Q7$4"
Michael Trowbridge, Hutchins-Trowbridge Associates, was present.
Michael brought an overlay, per request of the Commission at the last meeting, of the
former plan so the Commission could see the changes made to the new plan, dated July
10, 2007, removing the driveway from the 25 ft. area with minimal disturbance to the
property of Mr. Bill Bauer, Annie's son. The house, 2-car attached garage, utilities and
grading are also out of the 25 ft.
Some portions of the driveway are within the 50 ft. area. Michael told the Commission a
stone trench would run the length of the asphalt driveway. Roof drains and dry wells
have been added to the plans, a request the Commission made at a previous meeting.
Michele feels the driveway is now located outside the 25 ft. no disturb area, the applicant
has done what the Commission asked and an Order of Condition should be issued. Paul
and Joe agreed.
Cindy still would have preferred 50 ft. She wanted to know why the easement could not
be redone to allow for the 50 ft.
Cindy also would like signage on the 25 ft. line, on 25 ft. centers not 50 ft. centers. She is
concerned if the signs are 50 ft. apart, someone in the future could decide to disturb the
area and wants it very clear that the homeowner cannot go beyond the area to cut or
build. Michele thinks 50ft. centers would be sufficient.
Carole would prefer the applicant be held to the 50 ft. but she agreed with Michele; the
Commission asked for 25 ft. and the applicant has complied.
Cindy made the motion to accept the driveway revision, dated July 10, 2007 and issue an
Order of Condition with the following conditions: Signage reading "Environmentally
Sensitive Area-Do Not Disturb" on 25 ft. centers, on metal posts, to be placed on the 25
ft. set back from the edge of the wetlands; Siltation control to be placed on the 25 ft. line
and certified. The siltation fence can be removed when the vegetation has been re-
established and the Certificate of Compliance has been issued. The hay bales should be
spread to deteriorate naturally; Roof drains and dry wells will be installed.
Carole seconded.
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Passed 6-1; Cindy opposed.
Hearing ended at 7:40 pm.
4. AbbreviatedN()tice ()fReso~rceArea .DeIh1f!atiOrt:83W.nfel'~~~t,DlJttonR.ealty
Thu~ . .
Hearing started at 7:42 pm.
Briscoe Lang (the project Environmental Scientist) of Pare Corporation, Bill Buckley of Bay
Colony Group, Inc. and Francis Spillane, an attorney, were present.
The site is an approximately 7.6 acre parcel of land located on Winter Street, situated
between Franklin Street and Maple Street. The property includes a single family home
with an open field, wooded upland and wetland area. Stonewalls crisscross the wetland
area and there appears to be an old cart path that cuts through the wetland. The
surrounding area consists of a residential development, wooded upland and wetland
areas, including Whiteville Pond.
The wetland area is located on the east side of the site and originates at a culvert located
under Winter Street. The wetland area is also located within the Canoe River Aquifer Area
of Critical Environmental Concern. There are no certified or potential vernal pools on this
site. There are no perennial rivers within 200 ft. of the site.
In April, Bay Colony Group, Inc. asked Pare Corporation to examine the delineation that
had been partially done by another consultant and adjust the line as Pare saw necessary
to complete the delineation. 1,753 linear feet were delineated.
Michele walked the line and observed wetlands across the street. Because the wetlands
were not on the plan, she requested these wetlands be delineated and shown on the plan.
A new plan has been submitted.
Michele also requested further delineation at 75 Winter Street to see if there were any
wetlands on this property. Without the owner's permission, he could only look around but
did not see anything that looked like a resource area.
Colin thought there might be an area that had the characteristics of a vernal pool on the
property. Briscoe and Michele do not feel there is a vernal pool on site. Colin told Briscoe
if there is a vernal pool, it would have to be certified.
Cindy wanted to know what would happen if next spring a vernal pool is found on site.
Michele told her if one is found on the property, when a Notice of Intent is filed,
conditions will be placed on the site. The Notice of Intent will override the ANRAD.
Colin wanted the applicant to know the Commission will be enforcing the 50 ft. no touch
for new construction and if a vernal pool is found the applicant will be held to the 100 ft.
set back.
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Ben made the motion to accept the delineation plan for 83 Winter Street, dated March 30,
2007, revision date July 24, 2007.
Jack seconded.
Passed 7-0.
Hearing ended at 8:00 pm.
15. Notice of Intel1t:1SLakeviey.tAvenue,R()~rt"okey. ......
Hearing started at 8:00 pm.
The Notice of Intent was filed for the repair of the septic system within the 100 ft. buffer
of Greenwood Lake.
The septic system will be in the front of the house and a very small portion is within the
buffer of the lake. The difference between the closest project disturbance and Greenwood
Lake is 35 ft.
Michele recommends the Order of Conditions be issued.
Cindy made the motion to accept the plan for the replacement of the septic system for 15
Lakeview Avenue, dated July 24,2007, as drawn and issue an Order of Conditions.
Joe seconded.
Passed 7-0.
Hearing ended at 8:10 pm.
16.... Notice of Intent:. i279;287 a 295 Sc::t10()1 $tI-eet, BOl1lerEl1gint!t!ril1g.
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Continued to August 27,2007. Waiting for a new plan.
7. Not "Ice 0 fInten. t:O ffStear n sAven ue , John D 'AgoStino, Town Manager and RancJv
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Maud, Hercucles Incorporated. . ... .
Hearing started at 8:10 pm.
John D"Agostino, Town Manager, Michael Richard of Weston & Sampson were present.
John gave a history of the property; the site was gifted to the town in 1963 and was to be
used as a second landfill area. Over the years the filter cake and contaminated (primarily
calcium carbonate) wastewater from Hercules Incorporated, a manufacturing facility, has
eroded off of the landfill and has been deposited into the wetlands on the property. The
wetlands are located approximately 240 ft north of the landfill.
The site is being cleaned up under an order from the state and will be closed.
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Because of the contamination to the groundwater in areas surrounding the site, John told
the Commission public water was installed in this area.
Michele delineated the site and a few weeks ago and walked the site with a Weston and
Sampson engineer. She told the Commission the area is located in an Estimated Habitat of
Rare Wildlife and within an Area of Critical Environmental Concern, the Canoe River
Aquifer. The work described in the Notice of Intent will be allowed because of the
emergency nature of the situation.
The proposed project involves removing the filter cake from the wetland resource area
and from the wetland buffer zone. Michael told the Commission the filter cake would be
consolidated to the landfill approximately 240 ft. south of the wetlands. A soil cover will
be installed over the 1.4- acre landfill to eliminate potential human exposure and to
provide erosion control.
The filter cake varies in depth from less than 1 inch to approximately 6 inches.
Michael Richard told the Commission the filter cake would be removed from the wetland
resource area manually using shovels. The filter cake will be transferred to the bucket of
a low ground pressure skid steer. A Gradall will be used to remove the filter cake from
the wetland buffer zone to prevent damage to the vegetation.
Only the filter cake will be removed, leaving the wetland soils in place within the
delineated wetland areas. Removal of the filter cake is anticipated to expose the original
topsoil and bring the area back to its original elevation; additional topsoil will not be
necessary.
The wetland vegetation will be disturbed, but not stripped. The organic, top layer of the
wetlands soils contains the rootstock and seeds for many wetland plant species. It is
expected that the rootstock and seeds will re-establish the wetlands without additional
planting.
The landfill will be covered with a soil cover consisting of 18 inches of sand and 4 to 6
inches of topsoil and then re-vegetated.
Erosion control measures, consisting of silt fence and hay bales, will be established prior
to the start of work.
Cindy made the motion to accept the plan for the removal of the filter cake from the
landfill in the Town of Mansfield, as per plan, dated July 20, 2007.
Ben seconded.
Passed 6-0. Jack abstained.
Hearing ended at 8:20 pm.
I...,. .40 .GrO"e$tree*:EnforCel11ent()rd.E!r/W~tliir1dRe~Ol'iltio.I1.. ........
Hearing started at 8:20 pm.
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Attorney Ed Valanzola, Ryan Bianchette of Allen & Major Associates, Inc., Peter Fontanini
the landowner were present.
The Commission met informally with Attorney Ed Valanzola, Ryan Bianchette of Allen &
Major Associates, Inc. and Peter Fontanini the landowner on July 9,2007, to see what
needed to be done to move forward with this site.
At that time, the Commission asked that a final replication plan be drawn up to include
pulling the gravel from the wetland and re-grading to reduce the slope of the BVW. The
Commission was concerned about the slope of the area and wanted the grade reduced.
Ryan was also asked to submit a construction schedule and a planting scheme.
The construction sequence and planting scheme are included on the new replication plan
dated 7/31/2007.
The replication plan calls for the removal of the existing gravel from the wetland. The
slope of the bank has been reduced from 400 to 100. The planting scheme will consist of
Red Maple trees, winterberry and high bush blueberry shrubs and cinnamon ferns, with an
upland seed mix.
Michele told the applicant the months of September and October would be a good time to
start the replication. The replication should be monitored for 2 years, with monthly
photos and reports submitted to the Commission. She approves of the planting plan.
The perspective buyer of this property wanted to know what restrictions would be
imposed on the property as far as the ability to build on the site. He was told if he
wanted to build within the 100 ft buffer of the wetland, he would have to file a Notice of
Intent. Anything outside the buffer there are no restrictions. There is a 100 ft. no disturb
buffer around the vernal pool and work of any kind will not be allowed; this area does not
get maintained, no grass mowing, removal of trees, etc.
Colin told the applicant the Enforcement Order will be removed upon successful
completion of the replication.
Cindy made the motion to accept the replication plan for 40 Grove Street as shown on the
plan, dated 7/5/2007, with the removal of the existing gravel from the wetland and the
reduction of the bank slope. The Commission asked that signage be placed on the 100 ft.
line of the vernal pool. The signs will read "Environmentally Sensitive Area-Do Not
Disturb" to be placed on 50 ft. centers, on metal posts. Siltation/hay bales to be certified.
The siltation/haybales can be removed only after the successful completion of the
restoration.
Carole seconded.
Passed 7-0.
Hearing ended at 8:40 pm
1_. . Other Business:
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Ben made the motion to accept the minutes of July 23,2007 as written.
Paul seconded.
Passed 6-0.
Ben made the motion to accept the amended minutes of July 9,2007.
Paul seconded.
Passed 6-0.
900 Maple Street: Michele will send an Enforcement Order to James Epstein. As shown
on the Order of Conditions plan, dated May 17, 1993, a 25 ft. no disturb area should be
maintained around the entire site where wetlands and a vernal pool are located. The
Enforcement Order asks that Mr. Epstein remove all the equipment and debris that is
presently in the 25 ft. no disturb area. No Certificate of Compliance has been issued, only
a partial dated 10/18/95.
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Meeting adjourned at 8:55 pm.
Next meeting will be August 27, 2007.
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Colin Caul well, Chairman
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