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HomeMy WebLinkAboutConservation Comm 02/11/2019Town of Mansfield Conservation Commission February 1P, 2019 Minutes RECEIVED i 0'=`N,RK S OFFICE 2o1q BAR 13 P 27 31 Present: Michael Healey; Chairperson, Aaron Roth, Diane Simms, Chris Marcheselli, KostaIAWU�1-9 Katelyn Gonyer; Conservation and Environmental Planner, Christopher George; Reco�jS,tiCijSF!TS Guests: Michelle Farley (Lincoln Rd), Bob Mattice (Branch St), Julia Camp (Lincoln Rd), Robert Camp (Lincoln Rd), � , tVleetmg Ca11'ed tiro Order ., The meeting of the Conservation Commission was called to order at 7:02pm by Chairperson Michael Healey at Town Hall in Room 3A/B. Joseph Lynch 271 Branch Street (Map 34 Parcels 100 101 & 102 DEP SE 211-0948) Construction of on -grade solar panels with associated site improvements within 100 feet of bordering Vegetated Wetlands. Katelyn Gonyer explains the Solar Project located on Branch St. The project itself did not have disturbance to the ground. She says she thought it was a pretty neat job except for some issues with fencing. The fence is cutting off part of a dirt bike trail and hopes it will remain there. She confirms everything was in compliance with the terms and conditions. 75,000 square feet of upland was to be preserved as part of the plan. The owner would like to close out the project. She recommends issuing the full certificate of compliance with the suggested conditions. Mr. Healey opens the floor for guests to speak. Michelle Farley addresses the Commission and shares her concern over the Solar Project. There is a small piece of land preserved and she considers it disingenuous to build there. Mr. Healey agrees with her statement. Dr. Roth agrees with her statement. Ms. Gonyer advises it be placed into a Conservation Restriction (CR). Ms. Simms asks if there is any benefit from a CR and if it would impact their taxes. Ms. Gonyer says yes. Ms. Simms verifies the original order of protection did not say "CR". Ms. Gonyer says that is correct it only said, "Preserved." Ms. Simms says she does not want the abutters to have to return every year because the Conservation Commission changes due to term limits. Ms. Gonyer says the main goal would then be to get a CR on the property. Mr. Healey says he is disappointed that they would talk about conserving the land only to come forward with a plan to develop on it. He suggests voting on approval with it contingent on them having proper certificates. He says this will be the only legal issue that will allow for a clean slate on a certificate. Mr. Healey says this will be continued next meeting. Bob Mattice addresses the Commission and discusses the Solar Project. He says it's a considerable eyesore and that it should be periodically checked for trash. Ms. Simms mentions seeing the dead trees along the property route. Ms. Gonyer says she is working on bringing this to the attention of the Planning Board. Rob Camp addresses the Commission about the Solar Project. He says they've had significant problems since it was built and it's flooding some of their yards. Mr. Marcheselli asks if it's due to the Solar Farm or the Buildings. Mr. Camp doesn't know. Ms. Simms asks Mr. Camp to provide a letter from the affected neighbor to provide more technical information about the problem and to provide this to the Conservation Commission. Ms. Gonyer says she is unable to make a sight visit with approval of the owners. Mr. Camp discusses that they were supposed to install plants and trees to hide the Solar Project from the bike path. He says any trees planted have already died and has contact Lynch but never heard back. Ms. Gonyer offers to bring this information to the appropriate Board or Commission. Ms. Gonyer says an order for conservation should be used under Chapter 81 to use passive recreation as perpetuity. The only thing to change that would be to change the entire law. Ms. Simms says it's a %vote in the State Senate to overrule a conservation restriction. Ms. Gonyer says it's the safest way to save land. *Motion to hold the certificate of compliance and to continue the construction for Joseph Lynch Parcels; 271 Branch Street (Map 34, Parcels 100, 101, & 102, DEP SE 211-0948) of on -grade solar panels made by Ms. Simms, 2nd by Mr. Marcheselli, Vote 5-0 PASSED Steve Ruzzo 251 Branch Street (Map 34 Parcel 100) Construction of a cell tower and associated access road within 100 feet of Bordering Vegetated Wetland and a potential vernal pool. Ms. Gonyer reads an email from the developers that they would like to push their hearing on until the next meeting. Ms. Gonyer says they are meeting with the planning board this month and they should delay this; as they are working things out internally. Ms. Simms asked when they can certify this as a vernal pool. Ms. Gonyer says its private property; so she needs permission from the property owner. Ms. Simms asks when this would occur if they received permission. Ms. Gonyer said late March or early April. Ms. Gonyer says that it does carry the potential of being a vernal pool and therefor needs to be treated as a vernal pool. Mr. Healey fields for questions. There are none. *Motion to continue the hearing on the notice of intent for Steve Ruzzo made by Mr. Marcheselli, 2nd by Dr. Roth; Vote 5-0 PASSED Mansfield Crossing Letter Ms. Simms asks about the dates of inspections; as they are not related to the storms mentioned. Ms. Gonyer says this is apart of an ongoing process. Mr. Healey says they're also supposed to be verifying. the salinity of the pond. Ms. Gonyer said she has been working with them but have faced some Pi resistence on how they are testing. Mr. Healey says if they have used something that didnt work, then what is there alternative going to be. Ms. Gonyer says she hasn't seen anything since this conversation. She has a few locations she will be surveying in the spring and she will add this to her locations. Mr. Healey says one of the problems with the current treatment is its meant to remove solids; not necesarily salt. Ms. Gonyer says she will reintroduce that issue to her priority list and will do an inventory. Dr. Roth asks how they test it. Ms. Gonyer says they use salinity probes but they also take water samples. She will provide a follow up at the next meeting. The Commission is introduced to the new member Kostas Loukos. The Commission introduces themselves. STI Old 9usme s Ms. Simms says she was at a red light and was looking down Pratt Street, at a property that had been discussed at a previous Conservation Commission meeting, when she noticed a big pile of dirt or something. Ms. Gonyer says she should be involved if there is a large pile of dirt. Dr. Roth confirms the previous owner was notified. Ms. Gonyer says the previous owner had dug into some grading and will be taking a look at some property lines over there in the near future. Ms. Gonyer is waiting for a survery to see if that land should be taken and is waiting to bring this to the Select Board. Mansfield has historically brought this to Town Meeting but going forward the charge of the Conservation Commission is to approve these types of actions. 1,10-1 11pdae oto E nfiaYcetneitt Orders i Item A Ms. Gonyer will be meeting says its a piece of plank that's built into the grade, so there are no supports. She says there is a very bizarrely divided lot and there are some issues with the land that was disturbed. She will be in touch with Nick to do a site visit. Item B Ms. Gonyer says they have been given electricity back, so subpumps are functioning again. Ms. Simms asked where the subpumps run to. Ms. Gonyer says into the middle of the yard. She says the site is stable but there is a lot of planting that needs to occur. They will be putting up a splitrail fence and they need to redo an entire addition. Dr. Roth asks if they've been stablilzed to prevent it from spreading. Ms. Gonyer says yes. She says the site looks terrible. Too many things were cut down and they did not consider how much water those items soaked in. This is creating a large amount of rot on the property. She feels this lot will never fully drain. Mr. Healey asks what the end game will be for that project. Ms. Gonyer said they've boarded up the house and are still moving forward. Item C Ms. Gonyer says they have lost a few members on the Open Space and Recreation Committee but is working on getting new members. She will continue to talk with the contractor and move forward. This will lead to clean up in Great Woods. Ms. Simms said, for the next agenda, there should be written annual goals. Ms. Gonyer agrees and offers that any current board members are welcome to join. Item D Fine Procedures: Ms. Gonyer would like to start talking to administration about how to do these daily fines. She says they are limited to $50.00 fee and would like to see about having this changed to a $250 one-time fine. She will be looking to see how other Town's handle this issue. Mr. Healey says they'd want to have it defined by a timeframe; to be able to reissue another fine. Mr. Marcheselli asks what the building department does. Ms. Gonyer says they are capable of doubling the fine. This section of the bylaw cannot superscede the begining of the main bylaw. Mr. Marcheselli says the problem with that is their warrent will be closing within the next couple weeks. Ms. Simms asks if she can research this item first before moving forward with a motion. Ms. Gonyer agrees with this. Ms. Simms will write up this information and provide it to Ms. Gonyer. *Motion that the conservation commission supports changing the bylaws for up to a $250.00 fine made by Mr. Marcheselli, 2nd by Mr. Loukos; Vote 4-0 PASSED (No Guests in the Attendance) Department Update: Ms. Gonyer has been provided an intern, named Jonas. He will be doing 8-10 hours a week. He will be taking plans to identify wetlands lines and converting them digitially. These will be validated lines. Site Walk: Ms. Gonyer mentions she would like the members to walk sites more frequently. She would like to have group walk throughs, once the spring arrives. It's discussed having these meeting's posted. Ms. Simms does not believe it needs to be posted because it's considered information gathering. Ms. Gonyer would like to post for these anyways; just to be safe. Approval of Meeting Minutes: *Motion to approve meeting minutes from January 14`h, 2019 made by Dr. Roth, 2nd by Ms. Simms; Vote 3-0-2 PASSED *Motion to adjourn made by Dr. Roth, 2nd by Mr. Marcheselli; Vote 4-0 PASSED Michael Healey, Chair if Date 4