HomeMy WebLinkAboutCONSERVATIONminutes11192007-20071213125446
Conservation Meeting
November 19, 2007
Present: Colin Cauldwell, Chair; Carole Matthew; Cindy Ostrowski; Ben
Monachino; Jack Smith; Michele Grenier, Conservation and
Environmental Planner.
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Attorney Ed Valanzola and Peter Fontanini, the property owner, were present.
Michele said the replication area has been planted. The plants have now gone into a
dormant stage. She wanted to know if Mr. Fontanini would be filing a Notice of Intent.
Ed Valanzola wanted to know if it was necessary. If Mr. Fontanini does not need to file,
then it will be left up to the new owner to submit a Notice of Intent.
Michele told Ed it is not necessary for Mr. Fontanini to file but it is necessary that an
Order of Conditions be given with the Enforcement Order to be passed on to the new
owner.
She said it would be written into the Order of Conditions to have the new owner get in
touch with Conservation so they will know what is required. The Commission will
require the new owner to hire a wetland scientist for reports on the health of the
replication plants every 2 months for two years. If any plants die, they will need to be
replaced. She recommends the Enforcement Order be lifted.
Cindy made the motion to remove the Enforcement Order with an Order of Conditions
attached for 40 Grove Street, with the following conditions: bi-monthly reports are to be
prepared during the 2008 and 2009 growing season and submitted to the Conservation
Commission by a professional or certified wetland scientist approved by the Commission;
any dead plants are to be replaced.
Ben seconded.
Passed 4-0.
Hearing ended at 7:06 pm
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Hearing started at 7:06 pm.
Mary Beth Hayes, project manager and Ore Desilets, PWS of ENSR were present.
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ENSR is requesting a Certificate of Compliance for Wetland Remediation and Restoration
Activities at the Compo Chemical Facility at 240 Branch Street, in accordance with the
Order of Conditions issued on May 1, 2002.
Michele did a site inspection in October. Everything looks good and she recommends
issuing the Certificate of Compliance.
Ben made the motion to issue a Certificate of Compliance for 240 Branch Street.
Cindy seconded.
Passed 4-0.
Hearing ended at 7:14 pm.
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Jack Smith arrived.
Hearing began at 7:15 pm.
Steve Kimball and Theo Kindernaus of Stantec Consulting Services, Inc. were present.
Danielle H. Spicer, Project Manager submitted a request to extend the Order of
Conditions issued December 1, 2004 for the project on West Streetj305 Forbes Blvd.
They are requesting the Order of Conditions, DEP # 211-0706, be extended for the full
three-year period.
Due to the current market conditions, the owners have been unable to go forward with
the construction on the project.
Michele said everything is the same on the site, nothing has changed and she
recommends issuing the extension for the full 3 years. The Commission wanted to know
when the project would begin and Steve said AMB Property Corporation would begin
construction soon. .
Carole made the motion to extend the Order of Conditions, dated December 1, 2007, for
West Streetj305 Forbes Blvd for 3 years, to December 1, 2010.
Cindy seconded.
Passed 5-0.
The original Order of Conditions has been lost and the Commission will sign a new one
tonight.
Hearing ended at 7:20 pm.
Hearing started at 7 :20 pm.
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Mr. Lester Epstein was present.
Mr. Epstein was asked to the meeting to discuss the vernal pool on his property that has
been filled in. Mr. Epstein was issued an Enforcement Order on October 10, 2007 for the
filling in of a certified vernal pool.
Kyla Bennett certified the pool in March of 2000. She is having a notarized letter
prepared stating this is the area of the vernal pool she certified on Mr. Epstein's property.
Michele has been in touch with Misty Ann Marold and Maria Gabriel from Natural
Heritage. There is a file concerning VP 1968, indicating Mr. Epstein was notified of the
certified vernal pool. Next week Michele will go to Natural Heritage to review the file to
make sure the certification was done properly and that pictures were taken. She will
check to see if Mr. Epstein was in fact notified by the state of the certification.
Mr. Epstein requested he be given a copy of all documents from Natural Heritage.
Michele said DEP would probably get involved because the vernal pool was filled in.
Mr. Epstein wondered how it could be a vernal pool. When he purchased the property in
the 1960s, there were 3 buildings on the land. The area where the vernal pool is was the
foundation of one of the buildings. He said there is a larger vernal pool in the back of the
property
Michele: "Unfortunately, in the state of Massachusetts, old foundations do become
vernal pools." She explained vernal pools could be as small as a ditch or as large as a
lake. Colin has seen a wheel rut be certified as a vernal pool.
Mr. Epstein acknowledges the area of the vernal pool has been filled in, but did not
realize it was a vernal pool. He does not believe he was ever notified of the certification.
Mr. Epstein feels there is a vendetta against him and his son. The original complaint was
for the illegal removal of trees at 900 Maple Street and then the vernal pool across the
street on Lester Epsteiq. property became an issue. An Enforcement Order was sent to
James Epstein for 900 Maple Street on August 21,2007 for the illegal removal of trees.
Hearing ended at 7:35 bm.
14 Longwood Circle, #211-0803: Cabana not on plan submitted for October 15,2007
hearing. Has a new plan been submitted?
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8 Patriot's Way: Has landscaping plan been submitted? Michele told the Commission
RIM is working on a plan. 8 trees and blueberry bushes will be planted. Have signs been
put up yet? The signs have been ordered. Has Michele checked the backyards of the
other homeowners in Patriot's Way?
Michele will send a follow-up letter to the homeowners as soon as she as done a site visit.
The Commission asked why the Deberghes' needed to take the trees down. Michele said
of the 5 trees removed, 2 were leaning towards the house.
47 Lancashire Drive: Michele needs to check the hay bales. Colin wanted to know if
the pile of gravel has been removed. Carole wanted to know if signs have been put up.
Branch Street: 2nd inquiry - Carole asked about the vernal pool off Branch Street. She
asked Michele to check to make sure they are staying away from the vernal pool and if
signage has been put up. The area is on the road after Bay Road.
Susanne Estates: 2nd request from the Commission to Michele: has the vernal pool
certification been confirmed and have boulders/living fence and signs been placed at the
access roadway as requested by Conservation on September 27, 2004?
Colin told the Commission that one of the vernal pools in Susanne Estates has already
been filled.
Also, did Michele check on the open space donated to the Town of Mansfield? At the
September 27,2004, the Conservation Commission voted to accept the parcel of space.
Essex Street - Perry & Feck, Autumn Park, #211-0776: Carole wanted an update on
the roadway; because of the placement of the roadway, 2 replication areas are necessary.
The front replication area has been completed. Carole wanted to know if the roadway has
been extended and if so, has the 2nd replication been done. She wanted to know if all the
Conditions had been met. The Commission was told because of the real estate market,
the project has been put on hold. The roadway has not been extended except for what
was needed for 2 houses, lots 11 and 12.
Gilbert Street, Lot 7, #211-0788 - Conservation Restriction: 61.4 acres were given to
the town, to be placed under a Conservation Restriction (the Restriction must be
approved by Conservation, Natural Heritage, the Selectmen and Town Council). The
Restriction would be placed on both sides of the roadway, making it impossible to
expand the roadway to meet subdivision requirements. Have we heard anything more
about the Restriction? Michele said Town Council is reviewing it.
69 Morrow Street, #211-0725 - 2nd request from the Commission to Michele: When
Owen and Darlene O'Neill came before the Commission requesting a Certificate of
Compliance on October 15'2007, grass clippings were found in the wetlands beyond a
stonewall behind this property. The Commission wanted the landscaper contacted to
make sure he knows not to dump the clippings into the wetlands; the clippings are to be
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removed from the property. The neighbors also appear to be dumping in the wetlands.
Michele will take a look at the area and will send letters to the whole neighborhood.
Peter Fontanini - 1301 East Street: has a Certificate of Compliance been issued for
this property? The area is within an Estimated Habitat and work was done within 100ft.
of wetlands. Carole would like Michele to take a look at this property to make sure Mr.
Fontanini is not encroaching on the 100 ft. buffer of the rare species habitat and is staying
out of the vernal pool that is on site.
Wetland Replications: 3rd request for a list with pictures of replicated wetlands in the
town of Mansfield.
494 Stearns Avenue-Stan Feck, #211-0778: the Notice of Intent was filed as an
emergency filing for the construction of a water service tie-in to municipal water to
replace an existing well found to be contaminated. The project is located within. 100 ft of
wetlands, in a Natural Heritage Estimated Habitat Area and ACEC, the Canoe River.
There is also an uncertified vernal pool on site. The Commission would like Michele to
check the site.
School Bleachers: Cindy asked about the bleachers being extended at the School. Colin
told her it is up to the school when and if they proceed with the extension.
The Commission asked Michele to get a brochure from the Nature Conservatory.
Ben made a motion to accept the minutes of October 15,2007 as written.
Carole seconded.
Passed 4-0. Jack abstained.
17. AdjournDlent:
Motion was made to adjourn: Ben/Cindy - Passed 5-0
Meeting adjourned at 7:55 pm.
Colin Cauldwell, Chairman
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