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HomeMy WebLinkAboutCONSERVATIONminutes10152007-20071126144357 Conservation Meeting October 15, 2007 Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole Matthew; Joe Mulkern; Cindy Ostrowki; Ben Monachino; Michele Grenier, Conservation an Environmental Planner. Hearing started at 7:02 pm. Owen and Darlene O'Neill, the homeowners were present. The Notice of Intent was filed for the construction of an attached 2-car garage with a master bedroom above and a deck. An Order of Conditions was issued June 28, 2005, with the special conditions that a living fence would be planted along the 25 ft. no touchline and would include highbush blueberry or other species of the owners choosing that a drywell would be installed. The drywell has been located on the left of the garage. A certified plot plan, dated September 17, 2007, has been submitted. Michele did a site visit October 9,2007 and all the conditions have been met. Owen told the Commission that one of the bushes in the living fence has not done well. Cindy said when she was doing a site visit today she felt 3 of the plantings were not doing well. Michele told Owen to cut the plants back and wait until spring to see if the plants come back. Cindy noted there was brush and grass clippings dumped over the stonewall on the property. Owen told the Commission he had dumped his grass clippings over the wall years ago, but he now has a landscaper. The Commission thought the landscaper might be responsible for the dumping and would like the landscaper contacted. Owen does not believe the landscaper is dumping the clippings, that he is removing them from the property . While Cindy was back there, she noticed a lot of dumping in the surrounding areas of the O'Neills property. Michele had also noticed the dumping and will send out letters to the property owners. The Commission asked that Michele take a look at the area. Cindy made the motion to accept the plan dated September 17, 2007 as presented and to issue a Certificate of Compliance for 69 Morrow Street with the caveat in the spring the living fence will be examined and if any of the plantings have not survived, they will be replaced. Paul seconded. Passed 6-0. Hearing ended at 7:08 pm Hearing started at 7:08 pm. Christopher Brenneis, the homeowner, was present. Chris would like to take down a metal shed, located in the back of the property close to Greenwood Lake and replace and relocate a 12x18 ft. gambrel pre-fabricated shed. Chris told the Commission the shed might be smaller, possible 12x16 ft., but would not be larger than 18 ft. The new shed will be located in the front of the house on the existing gravel driveway. Presently the driveway goes all the way down to the lake. The location of the new shed will essentially cut the driveway in half. Chris told the Commission the driveway from the new shed to the lake will be eliminated and the area will be seeded to make a yard. Colin told Chris the project would be an improvement, preventing driveway run-off from entering the lake. Paul: "When the project is finished, we should take a look at it". Colin told Chris to call the office when the project is complete so Michele can take a look to make sure the finished project ended up being what was represented here. Cindy made the motion to accept the plan as presented on October 15, 2007 and to issue a Negative 3 Determination. Carole seconded. Ben questioned if it was the right motion with regards to the driveway; the driveway from the shed is to be eliminated to the lake and seeded. The motion was amended to include the caveat the driveway would be eliminated from the location of the new shed to the lake. Paul seconded. Passed 6-0. Hearing ended at 7: 12 pm. c:ij~\)ll~ii.fiiiif1:IIRQi;i;lcr Hearing started at 7:12 pm. Steve and Molly Desjardins, the homeowners and Jane Cote of Star Pools were present. The Notice of Intent was filed for an 18x38 ft. in-ground swimming pool with attached spa, with concrete decking and fencing within the 100 ft. buffer of bordering vegetated wetlands. Michele told the Commission the wetlands have been delineated. It is 82 ft. from where the fence will be to the resource area. The hay bale line is shown on the plan. Michele feels there is no need for siltation fencing; the hay bales will be fine. Cindy asked about the filtration system. A cartridge filter (closed system) will be used, eliminating the need to back wash. All material not needed would be trucked off site. The heating unit for the spa will be housed on a slab on the right side of the house and Mr. Desjardins would like to put a roof over the unit. He was told to speak to the building department about the plumbing for the spa and the lean-to roof; the roof might require some permitting. A cabana will be located to right of the deck. It is not on the plan submitted. Cindy wanted to know if any more trees would be removed. Steve said no more trees would be taken down. Paul made the motion to accept the plan as drawn, dated 1/10/94, and to issue an Order of Conditions for 14 Longwood Circle with the following conditions: a new plan showing the cabana must be submitted; no material is to be stored on site; hay bale line is to be installed and certified by Michele; an as-built should be submitted when the project it complete. Joe seconded. Passed 6-0. Hearing ended at 8:30. @~~!:o;gj~j-iijini~f:_~\-i.,iWWk\m,;;;------- 1.} Lester Epstein, Maple Street: An Enforcement Order was issued to Mr. Epstein on October 10, 2007. A certified vernal pool, #1968, has been filled on this property, Map 40/ParceI92. The Enforcement Order requires Mr. Epstein to hire a Professional Wetland Scientist to design and construct a new vernal pool twice the size of the original to be approved by the Mansfield Conservation Commission, Natural Heritage and the Department of Environmental Protection. The new vernal pool must be completed before December 1, 2d07. A Notice of Intent must be file with Conservation before November 1, 2007. Michele said Mr. Epstein came in today to talk with her; she said he was very polite. He is claiming there is not a vernal pool in the front of the property. There is however a large vernal pool in the back of his property. He said the front area has water because of drainage from the road. He told her he had never been notified about the certified vernal pool (#1968). Michele tried to call Kyla Bennett, who certified the pool in 2000. Michele would like to see the paperwork from her concerning the certification. Carole told the Commission there were 2 people from Fish and Wildlife with Kyla when the pool was certified. Carole said she has spoken to Kyla and she would be available to come to a meeting and is also willing to go out to the property to look at the vernal pools with the Commission. Michele would like Kyla to confirm it is actually the pool she certified. Cindy would like to set up a site visit with Kyla and the Commission. Michele will set a time that is convenient for Kyla, the Commission and Mike Ahern, the Conservation Constable. The Commission feels Lester should also be present for the visit. Paul would also like the vernal pool in the back of the property checked. Colin would like Lester Epstein to come to the November 12th meeting to discuss what needs to be done. Michele will contact Mr. Epstein. 2.) James Epstein will come to the hearing on November 26th to discuss his Enforcement Order for 900 Maple Street. As shown on the Order of Conditions plan, dated May 17, 1993, a 25 t. no disturb area was to be maintained around the wetlands and vernal pool location. The Enforcement Order asked that Mr. Epstein remove all the equipment and debris that is presently in the 25 ft. no disturb area. The Order of Conditions is still outstanding; no Certificate of Compliance has been issued. Mr. Epstein should submit an as-built to Conservation with a request that a COC be issued so the Order can be removed from the property deed. 3.) 8 Patriot's Way (#211-0689): Mr. and Mrs. Deberghes came before Conservation to ask the Commission for permission to clear a portion of their backyard to make a small play area for their children. They were requesting permission to clear into the 100 ft. buffer of a certified vernal pool. At the August 13th meeting, the Commission voted to not allow any work within 100 ft. of the vernal pool. They have since taken down trees and the shrub layer is totally gone in the area behind their house. Colin was out there before and after the meeting. There is a significant difference. Colin said they have cleared 2,000-3,000 sq. ft. of property. Michele said she had gone out there before they came to Conservation to look at the area. She told them they cOLJld take down 5 trees, 2 of which were leaning toward the house. She thought the trees had already been removed when they came before Conservation. Paul said when they came to the hearing they were not going to touch anything in the back of the house. Cindy: They did not mention the 5 trees when they came before us. Joe: They just did what they wanted to do. A line of 5 shrubs as been established in the back of the cleared area, closest to the vernal pool. Colin does not think the species that are being replanted are appropriate for this area. He wants the area re-established. Michele will have them do a landscaping plan. Cindy wanted to know if the signage the Commission requested has been put up. Michele said they have been ordered. Joe and Cindy are concerned the other homeowners in the subdivision will want to do the same thing. Colin wants Michele to find out how many houses have vernal pools and wetlands in their back yards, which will put them under Conservation jurisdiction. Carole: Maybe we should send a letter to all the homeowners. We need to remind them of our by-law. Colin: Just to let them know they could be subject to it. Michele will send letters to each homeowner about the by-law and Colin would like her to contact Mr. and Mrs. DeBerghes to tell then how chagrined/about how over the top they went. 4.) Colin walked the sewer line on Plymouth Street. It has been totally mowed. The mowing equipment went in and out of the wetlands and into an intermittent stream. Paul: Check the work order that got issued for the work. Michele should check with Lee Azinheira. s.) Colin asked how Michele was doing with the regulations concerning the 50 ft. no touch. He would like to set a date for Michele to complete the regulations. She will have them done by December 10th. Colin is most interested in all the reasons we were going to enforce the 50 ft. set back. The criteria for enforcement of the 50 ft. set back: 1. Heavily wooded parcels where development calls for removal of a significant numbet of trees. 2. Parcels where the slope of the land poses a significant run off threat to resource Areas greater than 4-1. 3. Parcels that fall within an Estimated Habitat as shown in the Atlas. 4. Parcels abutting significant amounts of Conservation Land. 5. Parcels that contain large areas of grassland habitat. 6. Parcels that fall within an Area of Critical Environmental Concern (ACEC). 7. Parcels that fall within a Zone II water protection district. 8. All land within 50 ft. of an intermittent stream. 6.) Town Master Plan: Paul made the motion to appoint Joe Mulkern to the committee for the Master Plan as the Conservation representative. Carole seconded. Passed 6-0. Colin said the Community Preservation Act, a critical part of preservation of open space, is an important issue for Joe to bring to the committee. Joe asked that the Commission get him any information needed to present this to the committee. Colin suggested he call Lenny Flynn. 7.) Canoe River Bridge: Colin wants Michele to call about the lack of siltation control in place at the site. He said the site is a mess and needs to be cleaned up and have the proper erosion control because it is a public water supply. Michele said she has already call twice and has not heard back. 8.) Susanne Estates (#211-0693) a six-lot residential compound: An ANRAD was filed on October 7,2003. A Notice of Intent was not required because all the homes were to be built out of the 100 ft. area. Carole wondered if the vernal pool certification had been confirmed and if the boulders/living fence and the signs have been placed at the access roadway as requested by Conservation on September 27,2004. An area of open space was to be donated to the Town and at the September 27,2004 meeting the Conservation Commission voted to accept the parcel of open space. Has anything been done as far as this open space is concern? 9.) 47 Lancashire Drive (#211-0800): Robert Catenacci, the property owner came before Conservation on July 9, 2007; a Notice of Intent was filed for a pool, retaining wall and associated grading. The house on the property was being replaced but did not fall under Conservation jurisdiction. Because of the slope of the property, Colin wants to make sure hay bales have been placed on the bank behind the pool (on the 30 ft. line (approximate) on the backside of the wall to protect the wetlands. Joe told the Commission that the house has only been framed. Michele is to check the hay bales. 10.) Branch Street: Off Branch Street/40B project: Carole said there are vernal pool on this property. Are they staying away from them? Are there signs up? Michele will check. 11.) Mansfield football field at the high school: Paul told the Commission the new bleachers have been constructed. They would now like to extend the bleachers. Michele told him to set up a day and time for a site walk. Paul would like Walter Parker and Margaret Conaty to be there for the site walk. 12.) Log Book: Paul wants Michele to begin to keep a logbook of all her site visits, to be presented at each Conservation meeting. The log should contain the address, date/time of visit and any comments concerning the visit. Paul would like before and after pictures taken at each visit. If the logbook is not implemented, Paul will be off the board. Cindy made the motion to accept the minutes of September 10, 2007 as written. Carole seconded. Passed 6-0. ,f;6~",'la.tlit'. Motion was made to adjourn at 8:05 pm Next meeting will be November 19, 2007. ~OJ~(~ 1(1~7 Colin Cauldwell, Chairman Date