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HomeMy WebLinkAboutCONSERVATIONminutes01222008-20080205133933 Conservation Meeting January 22,2008 Present: Paul Boyden, Vice Chairman; Carole Matthew; Joe Mulkern; Cindy Ostrowski; Michele Grenier, Conservation and Environmental Planner. Stan Feck and Perry DeMascio of Perry & Feck, LLC were present. Perry DiMascio requested a Certificate of Compliance be issued for 18 Clementine Drive. The Order of Conditions was issued on August 31, 2006. Michele performed a site visit on December 12,2008. Everything has been done according to the plan. The grass is established and signage reading "Environmentally Sensitive Area-Do Not Disturb" has been posted. She gave the applicant permission to remove the hay bale/silt fencing and she recommends a Certificate of Compliance be issued. As one of the conditions required by the Commission, a Conservation Restriction - no motorized vehicles; no structures such as a shed, fence, pools, additions; no removal of vegetation; approval from the Conservation Commission required for cutting or removal of any trees for safety reasons; - will be written on the deed. Paul would like the DEP #211- 0775 referenced on the Conservation Restriction. Cindy made the motion to approve the issuance of the Certificate of Compliance for 18 Clementine Drive, with the Conservation Restriction written on the deed. Carole seconded. Passed 4-0. Hearing ended at 7: 14 pm. Lou Andrews was present. Thomas F. Mahoney, PE requested a Certificate of Compliance for the Quadrant 1 Pavement Rehabilitation at the Mansfield Municipal Airport. As-Built plans were submitted and the project has been built as shown on the plans and in accordance with the Order of Conditions issued March 14, 2007. A stone trench was added during construction under the drip line of the T hangar buildings to capture the roof runoff. Michele performed a site visit with Lou Andrews on January 8, 2008. All work has been done and the replication area is thriving. In the spring/summer of2008 and 2009, she will revisit the replication area to make sure the plants are in good condition. Dead species will be replaced. She recommends a Certificate of Compliance be issued. Cindy made the motion to issue a Certificate of Compliance for the Quadrant 1 Pavement Rehabilitation for Mansfield Municipal Airport, 265 Fruit Street. Carole seconded. Passed 4-0. Hearing ended at 7: 15 pm. With the resignation of Colin Cauldwell, Paul asked the Commission to name a new Chairperson. Carole nominated Joe Mulkern and Cindy seconded. Passed. Paul will stay on as Vice Chairman. Reorganization ended at 7: 17 pm. Robert Baker, Sr. and Robert Baker, Jr. of Ocber LLC were present. The Request for Determination of Applicability was filed for the construction of a 2-family home within the 100 ft. buffer of bordering vegetated wetlands. The wetlands are located across the street at 69 King Street and are approximately 85 ft. from the proposed construction. Michele performed a site visit on December 19,2007. The lot is currently vacant. She recommends the issuance of a Negative 3 Determination. Cindy recommended a Determination of Applicability be issued with a Negative 3 Determination. Carole seconded. Passed 4-0. Hearing ended at 7:20 pm. 2 Matt Long of GPR Southeast LLC and Peter Clark, the applicant and owner of the Lot C were present. The Notice of Intent was filed for construction of a single-family home within the 100 ft. buffer of bordering vegetated wetlands and within an Area of Critical Environmental Concern, the Canoe River Aquifer. The distance between the closest project disturbance and the associated resource area is 68 ft. The plan was prepared by GPR Southeast LLC and revised January 11,2008. Michele recommends roof drains and drywells for the home and garage. Hay bales and silt fence will be placed at the limit of work, outside the 50 ft. no disturb buffer. Paul would like to see the house moved out of the 50 ft. buffer. By turning the house to face the driveway, it will allow for the garage to be mostly out of the 50 ft. buffer. Matt said if the house has to be moved, it would involve moving the septic, which would require another perc test be done. Joe and Cindy agreed the house should be positioned so it is outside the 50 ft. buffer if at all possible. Carole wanted to know about the isolated vernal pool on the property. Matt told her it is barely hydric and has little or no water. There is very little vegetation. The Commission decided to continue the hearing to February 4, 2008 so new plans can be submitted. Hearing ended at 8:05 pm. No residents were present. Carole wondered why the Habitat Protection Priorities in the Taunton River Watershed was not mentioned. Michele said this would be added to the Open Space and Recreation Plan. Because only 4 Commissioners were present, it was agreed that the discussion would resume on January 28th when more members are present. Michele updated the Commission on the following: 1) The "Environmentally Sensitive Area-Do Not Disturb" signs are posted on Jake's Way. 3 Everything looks good. 2) Michele met with Bob Mangiaratti, Town Council, the court order for Lester Epstein, Maple Street, requiring Mr. Epstein to restore the vernal pool on his property, was filed last week. The court date is February 14,2008. 3) 47 Lancashire Drive: Michele performed a site visit and the DEP signs have been restored. The piles of dirt are being reduced, as the dirt is being used for fill around the house. The remainder of the pile will be used for landscaping purposes. The piles have been stabilized (a concern of the Commission due to the closeness to the wetlands). Michele requested the silt fencing behind the piles be replaced and this has been done, providing more protection. The Commission wanted to make sure the vacancies on the Board are posted. Karen Doucette will put them on the web site. Suzanne Estates: Owner does not want to donate the land at this time. He did not want to put the living fence/boulders and signage on the property, the stipulation the Commission put on accepting the donation. The owner told Michele RIM had not been given permission to speak for him about the land. Carole wanted to know if the vernal pools had been certified and if a deed restriction could be put on this land. Michele said this subdivision never came before Conservation. We have no jurisdiction, unless there is a filing, to request the vernal pools be certified. Paul would like Town Council to look at Suzanne Estates and the donation. Michele would prefer to talk to Natural Heritage first before involving Town Council. Paul would like Michele to call Ralph Maloon at RIM, since he was the applicant's representative. There is a deed restriction draft that has been mailed to the Commission members. The draft is presently with Natural Heritage. Carole wanted to know if Michele had received permission to go on this property. Michele had called the owner for permission and having received no answer, entered the property. She said the land has not been touched from the last time she was there other than the garbage/debris has been removed. Michele will call Ralph Maloon and Natural Heritage and then follow up with Town Council if necessary. At the November 19,2007 meeting, Colin had said a vernal pool in front of the property had been filled in. The commission would like Michele to check the area to confirm there was a vernal pool. Cindy would like Michele to check on the status of the following past hearings: 4 1) 14 Longwood Circle - hearing date October 15, 2007 - the applicant decided to add a cabana, not shown on the submitted plan. Has the new plan been submitted? Michele is checking with Michael Trowbridge, waiting for a call back. 2) 8 Patriot's Way - hearing date November 11,2007 - has a landscaping plan been submitted by RIM? Michele will call Ralph about the landscaping scheme. Cindy also wanted to know about the other homes on Patriot's Way; do any of the other homes have conservation issues? Michele and Jane checked/measured the plans for the subdivision and no other homes have wetland issues. 3) Gilbert Street - Hearing November 19,2007 - The Conservation Restriction is still being reviewed by Natural Heritage. The Rare Species Habitat Assessment was received by Conservation on December 12, 2007 and was sent to the Commission. 4) Autumn Park, Essex Street - hearing date July 9, 2007 - 4 vernal pools on site were to be certified. Has this been done by Michele or someone else? On 6/02/07, Michele and employees from RIM Engineering collected the appropriate data to certify 3 of the 4 vernal pools. These certifications have been approved by Natural Heritage and are in the me. The 4th pool was also observed and was dry. Michele will send the Commission a paper copy of the certifications. 5) 1301 East Street, Peter Fontanini, #211-0683 - inquired about at the November 19, 2007 meeting -RIM is doing the paperwork for the request for a Certificate of Compliance. Cindy asked how long an Order of Conditions is valid. Michele said the Orders are good for 3 years and the applicant can apply for an extension. Can it be amended to add a deed restriction? Only if there is a project change or a request for an extension. Mr. Fontanini's property is no longer considered to be in an Endangered Species Area. Carole would like an update on the following past hearing: 1) Maple Street, Map 40/Parcel 92, Lester Epstein - Carole would like the vernal pool in the back of this property certified as soon as possible. Under the court order, Mr. Epstein must file a Notice of Intent to restore the altered vernal pool. At that time the Commission can require him to certify all vernal pools on the property. Mr. Epstein will be required to hire a Professional Wetland Scientist (PWS). 2) Simora Landscaping - An Enforcement Order was issued for 86 Eastman Street on July 20, 2005 because the landscaper was altering bordering vegetated wetlands and was within the 25 ft. no touch area. Michele asked that boulders be placed along the edge of the limit of work, abutting the wetlands. She also asked that all existing piles of landscaping materials including wood chips, stones and soil be moved away from the BVW-lO or more feet from the BVW- and the silt fence be restored. The work was to be done by July 23, 2007. The boulders are located at the edge of limit of work and the silt fencing as been restored. Piles are moved around daily and they are within the silt fence area. 5 3) 981 West Street, Lots 2 & 3 - hearing March 26, 2007 - Michele was to monitor tree removal and signage was to be posted. Monitoring was done on 5/20/07-noted in the field log book. Signage has been posted. 4) 494 Stearns Avenue, Stanley Feck - Notice of Intent filed as an emergency filing for the construction of a water service to tie into the municipal water, replacing an existing well that was found to be contaminated - Carole inquired about the uncertified vernal pool on the property. Michele performed a site visit on August 31,2006. Water line went down driveway. No resource areas were altered. Existing silt fence from construction of house was in place with additional silt fence added at the request of Michele. 5) Plymouth Street - mowing complete. Sewer line work and access road is complete. 6) Clarify 50 ft. restrictions Colin wrote up and Michele was supposed to write into regulations. She will have them completed by next meeting. 7) Money in the General Fund - she would like to get the money out of the General Fund and back in Conservation's account. Michele will call other town's to see how they handle the revenue coming in for filings. 8) Carole would like to have the Estimated Habitat map shrunk to a more manageable size and have copies made for each of the Commission members. The map sent by Natural Heritage is not a good map so Michele will have copies made from the MA Natural Heritage Atlas. Joe took over the meeting at this time. Carole made the motion to accept the minutes of December 10, 2007 as written. Cindy seconded. Passed 3-0. Paul abstained. Paul made the motion to adjourn at 9:30 pm. Cindy seconded. Passed 4-0. Next meetings will be January 28, 2008 for Open Space and Recreation Plan and on February 4, 200~ngs. JO~IiMuI~:~' Da~- Y-o:r 6