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HomeMy WebLinkAboutConservation Comm. 9/24/2020Town of Mansfield Conservation Minutes September 24, 2020 1 C MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFORM '' I4 Present: Michael Healey, Chair; Diane Simms; Aaron Gallagher; Sarah Joynes. The Chair read the following notice: Whereas both the Federal Centers for Disease Control and Prevention and the Massachusetts Department of Public Health have advised residents to take extra measures to put distance between themselves and other people to further reduce the risk of being exposed to COVID-19, Governor Baker has issued an order suspending certain provisions of the Open Meeting Law, Massachusetts General Law c. 30A, §20. In order to satisfy the Open Meeting Law requirements, today's Town of Mansfield Conservation Commission meeting will available to the public via GoToWebinar and Mansfield Cable. The instructions for joining via GoToWebinar are in the Meeting Notice on the Town's Website at www.mansfieldma.com and then clicking on today's date on the calendar. 1. Conservation Meeting Called to Order at 6:02 pm. 2. Old Business: Update from Open Space and Recreation Committee: Ms. Simms said the first priority is the Trail Maintenance Plan. A draft will be the primary agenda item for the October 26, 2020 Open Space and Recreation Committee meeting. Ms. Simms said future agenda items will be to review the Committee Charge; once reviewed, a draft will be sent to the Conservation Commission for review. Persuant volunteer waivers, Ms. Gonyer has reviewed what other towns do for waivers. She said, because of the liability to the town, there needs to be a procedure in place on how to work with volunteer groups and a waiver form. Ms. Gonyer recently went out with DPW to look at the bridge at Marie Strese. DPW is working on a short-term fix at this time but there will have to be a long-term plan to replace the bridge with something more substantial. Approval of August 17, 2020 minutes: Ms. Simms made the motion to accept the minutes of August 17, 2020 as written. Mr. Gallagher seconded the motion. Ms. Simms - in favor Mr. Gallagher - in favor Mr. Healey — in favor Ms. Jaynes — abstained Motion passed 3-0-1. 3. Request for Determination of Applicability: Timothy P. Anderson, 69 Monahan Lane, Map 42, Parcel 141. Homeowner Timothy Anderson was present. 1 Mr. Healey said the RDA was filed for the construction of a 22'x30' attached two -car garage within 100 feet of Bordering Vegetated Wetland and the work is outside the resource area so there will be no adverse impacts. He said the conditions should be no stockpiling of soil too close to the resource areas, erosion control, roof drains into drywell or stone trench to allow more infiltration of roof runoff in the event of rain as well as the standard Determination conditions. There were no comments from the Commission. Public Comments: The Chair read the following notice: "it is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Ms. Simms made the motion to issue a Negative Determination, for reason #3, work will not impact the resource area, to Timothy P. Anderson, 69 Monahan Lane, Map 42, Parcel 141, for the construction of a 22'x30' attached two - car garage within 100 feet of Bordering Vegetated Wetland with the following conditions: 1. Agent is to be notified of start of work; 2. Prior to the start of work the Agent is to inspect the siltation control (per plan, Mansfield GIS Viewer" dated August 4, 2020). Erosion control shall consist of 8 diameter (min.) biodegradable mulch filled silt sock and must remain in place until all disturbed areas have been seeded and stabilized; 3. All roof runoff is to be directed to gutters/downspouts, dry well(s), stone trenches or equivalent to allow for more infiltration of runoff in the event of rain; 4. Stockpiling of any material/soil must be on pavement and away from any resource areas; 5. All disturbed areas must be stabilized as soon as possible; 6. If there is a change in the plan, the Applicant must come back to the Agent or the Commission; 6. Agent is to be notified when project is complete and all disturbed areas have been seeded and established; email with photos is acceptable. Mr. Gallagher seconded the motion. Ms. Simms — in favor Mr. Gallagher —in favor Sarah Jaynes - in favor Mr. Healey —in favor Motion passed 4-0-0. Hearing ended at 6:18 pm. 7 4. Request for Certificate of Compliance: John Walsh, Willow Street, Lots 20 & 21, Map 12, Parcel 27. The Order of Conditions was issued for the construction of a common driveway serving two single-family homes along with associated drainage, water and utilities within the 100-foot buffer of Bordering Vegetated Wetlands and an Inland Bank under DEP SE 211-0932. Mr. Healey said Ms. Gonyer had no issues with the request for a Certificate of Compliance. He noted that one of the conditions in the Order was the buffer strip plantings shall be successful within the first two growing seasons; Mr. Healey said this has been done and recommended a full Certificate of Compliance be issued. There were no comments from the Commission. Public Comments: The Chair read the following notice: "it is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Ms. Jaynes made the motion to issue a full Certificate of Compliance to John Walsh, Willow Street, Lots 20 & 21, Map 12, Parcel 27 for the construction of a common driveway serving two single-family homes along with associated drainage, water and utilities within the 100-foot buffer of Bordering Vegetated Wetlands and an Inland Bank, under DEP SE 211-0932. Mr. Gallagher seconded the motion. Ms. Simms— in favor Ms. Jaynes — in favor Mr. Gallagher— in favor Mr. Healey — in favor Motion passed 4-0-0. Hearing ended at 6:23 pm. 5. Request for Determination of Applicability: Christopher Cox, Mansfield Municipal Electric Department. The RDA was filed for vegetation management within a utility easement within 100 feet of Bordering Vegetated Wetland and Inland Bank of Sweets Pond. 0 Mr. Healey said this hearing will be continued so the wetland line can be better defined; they will cut back to the 100- foot area and then decide if further cutting is necessary. There were no comments from the Commission Public Comments: The Chair read the following notice: "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. You can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Ms. Simms made the motion to continue the hearing on the request of Christopher Cox, Mansfield Municipal Electric Department for vegetation management within a utility easement within 100 feet of Bordering Vegetated Wetland and Inland Bank of Sweets Pond. Ms. Jaynes seconded the motion. Ms. Simms — in favor Ms. Jaynes - in favor Mr. Gallagher— in favor Mr. Healey— in favor Motion passed 4-0-0. Hearing ended at 6:28 pm. 6. Notice of Intent: Nicholas Riccio, 77 School Street, Map 26, Parcel 98. DEP SE 211-0985 The Notice of Intent was filed for the construction of a proposed dwelling, grading, driveway and utilities within 100 feet of Bordering Vegetated Wetland. Michael Trowbridge, Hutchins -Trowbridge Associates, and Nicholas Riccio, the applicant, were present. Mr. Trowbridge said Mr. Riccio is proposing to construct a single-family dwelling on a 15,000 square -foot lot. Mr. Trowbridge said the lot was established in 1968 and, because of the limited space on the lot, a narrower and deeper house was designed for the lot. He noted the lot is on sewer and town water. He said the wetlands were flagged by. Brad Holmes, Environmental Consulting and Restoration, LLC. 4 Mr. Trowbridge said there will be some fill brought into eliminate any grading in the 25-foot No Touch Zone and boulder retaining walls will be placed on a portion of the left and right sides of the property. He said staked silt sock will be installed prior to construction and roof drains will be connected to a drywell. Mr. Healey said he spoke with Ms. Gonyer prior to the meeting and she does not have any issues with the project. He said the area is flat and soil tests were done. There were no comments from the Commission. Mr. Gallagher said he had no comments. Ms. Jaynes asked if there would be a garage. Mr. Trowbridge said the Applicant tried to work within the footprint they had and there would not be a garage. Ms. Simms said she had no comments. Public Comments: The Chair read the following notice: "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. you can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Mr. Gallagher made the motion to issue an Order of Conditions to Nicholas Riccio, 77 School Street, Map 26, Parcel 98, for a proposed dwelling, grading, driveway and utilities within 100 feet of Bordering Vegetated Wetland under DEP SE 211-0985, with the following Findings and Special Conditions: FINDINGS: • At their September 24, 2020 public hearing the Mansfield Conservation Commission issued an Order of Conditions to NIC-CO Builders, LLC, Nicholas Riccio Esq., 56 Pratt Street, Mansfield, MA. The site plans to accompany the OOC were drafted by Trowbridge and Associates. The plan of record is dated August 20, 2020 • The jurisdiction wetlands on site are a Bordering Vegetated Wetland and an inland bank of an intermittent stream. The jurisdiction buffer zone is 100 feet from these resources. • Brad Holmes of ECR was the professional wetland scientist that performed the delineation. • The scope of work includes: the construction of a proposed single-family dwelling and associate features including a house, porch, deck, boulder retaining walls, walkways and a driveway) in area zoned as Residential 2. This property is on sewer. • The house is located approximately 29' from the wetland boundary. 5 • All roof run off is being directed to a stormwater device in the rear of the lot. SPECIAL CONDITIONS UNDER THE MANSFIELD WETLAND PROTECTION BY-LAW CHAPTER 220 1. RECORD THE ORDER: The start of work may not be issued until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. SITE PLANS: All work must conform to the plans "Conservation Plan 77 School Street" dated August 20, 2020, referenced as "the plan of record" in this Order; 3. PRECONSTRUCTION MEETING: Prior to the start of work, the Agent, Applicant/Representative (including, but not limited to Wetland Scientist, Land Surveyor, Project Professional Engineer) and the contractor must meet onsite to review all terms and conditions of the Order, including the site plan and any special conditions; 4. LIMIT OF WORK/START WORK: All limits of work and erosion controls shall be installed prior to any construction or excavation. The Applicant shall notify the Agent when the erosion controls have been installed (at least 5 business days in advance of the proposed start work date). Once the erosion control has been inspected, the Agent may authorize the start work date. Limited tree & shrub clearing may be permitted in order for the installation of the erosion controls under the direct guidance of the Commission or the Agent. The Agent or Commission must be notified of any clearing prior to the inspection of erosion control; 5. EROSION CONTROLS: The erosion controls, to be installed at limit of clearing and work as per the plan, shall consist of a 8" diameter (min.) biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). See the Conservation Agent (Agent) for specific erosion control design standards; 6. ORDER ON SITE: The Applicant shall be responsible to ensure that all contractors have received and reviewed the Order of Conditions (along with all associated site plans, documents, maps, etc. approved by the Commission); 7, WETLAND FLAGS: Wetland flagging must remain in place until the project has been completed and .the Certificate of Compliance issued; 8. ADDITIONAL MITIGATION: The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site; 9. LIMIT OF WORK MAINTAINED: The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized; 10. STABILIZATION: Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1(but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up actions; 11. ROOF RUN OFF: All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells. All drainage components are to be maintained; 12. CERTIFICATE OF COMPLIANCE: The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan of all approved structures and letter signed by a professional engineer certifying that the work has been done in accordance with the approved plan; 13. MODIFICATIONS TO ORDER: Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new 9 Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 14. SIGNAGE: Signage for single family lots: Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally Sensitive Area" signs on the subject lot. The quantity and location of the sign are to be designated by Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at Conservation Department; 15. NO SYNTHETIC CHEMICALS: No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. NO DUMPING Of LAWN CLIPPINGS: Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. All lawn clipping and debris must be stockpiled as far as possible from all protected wetlands as allowable within the subject property; 17. WETLAND DELINEATION: The Wetland Delineation was approved as flagged and noted in the Wetlands Delineation Memo from Environmental Consulting & Restoration, LLC, dated September 10, 2020; Ms. Simms seconded the motion. Ms. Joynes — in favor Ms. Simms — in favor Mr. Gallagher— in favor Mr. Healey— in favor Motion passed 4-0-0. Hearing ended at 6:40 pm. 7. Request to Amend an existing Order of Conditions: AGS Development, 310 West Street, Map 11, Parcel 21. The proposed amendment will include an addition, deck, fencing, restoration planting area and associated drainage for a single-family dwelling within 100 feet of a Bordering Vegetated Wetland and Intermittent Stream under DEP SE 211- 0980. Elyse Tripp, Outback Engineering, Inc., Elliot Schneider, with AGS Development Corp. and the owner of the property, and Mark Manganello, LEC, were present. Mr. Healey said a third -party consultant was hired at the expense of the Applicant for a peer review. Ms. Tripp said Mark Manganello reviewed the wetland line and submitted a report dated August 28, 2020 and an updated the plan based on his report was submitted. She said a second report was submitted September 17, 2020 with a few smaller details and said these changes, which had to do with the amount of restoration, have been done. She said the restoration is to be done and signed off on before any exterior and interior work is done; she said, as far as the amount of restoration in the existing disturbed areas, they will work with Ms. Gonyer. Ms. Tripp said additional silt fencing will be added. Ms. Tripp said they have incorporated all of Mr. Manganello's comments for the addition and deck, the driveway will be moved farther from the wetlands, a post and rail fencing will be added as a physical limitation forgoing into the wetlands and conservation signage will also be added. Mr. Healey said he agreed with moving the driveway to the west side of the house, the split rail fence and signage. He asked the Applicant if she was comfortable with the wetland line. Ms. Tripp said she, Mr. Manganello and Ms. Gonyer agreed with the wetland line. Mr. Healey noted the proposed addition to the back of the house is still on the plan and is outside the 25-foot No Touch Zone but said, according to the Building Department, the existing foundation for the addition does not meet code so a new foundation would be required for the proposed addition. Mr. Schneider said the existing foundation has already been removed and the proposed addition will be on piers. Mr. Healey noted a revision puts the proposed deck and stairs to the west instead of closer to the 25-foot No Touch Zone; Ms. Tripp said the deck and stairs will be on footings. Mr. Healey said he is against having the sump pump, even if it is gravity drainage, going out into the 25-foot No Touch Zone and asked if the Applicant has looked at an alternate place to get rid of the water from the basement. Mr. Schneider said, after surveying the whole area, this is the best area because it makes a hydraulic connection to the wetland. He said he believes the By -Law does allow something like this under current circumstances. Mr. Healey agreed but said this has never been allowed before. The Commission, the Applicant and Mr. Manganello discussed possible alternatives to the sump pump. Mr. Gallagher said this area is flat and believes they cannot do anything without a pump. Mr. Healey suggested using an infiltration galley with an emergency spillway but Mr. Gallagher said the water would still have to be daylighted somewhere and the only place to daylight is where it is currently being shown on the plan. Mr. Schneider asked about relocating the pump to the west side of the property. Mr. Gallagher suggested the Applicant could cut back the pipe just passed the fence and add rip rap in this area; he said this would alleviate Mr. Healey's concerns about the 25-foot No Touch Zone, would provide water treatment and you would not have to worry about an infiltration system that might not work four months of the year. Mr. Manganello said his concerns were the high groundwater, elevations, the pump being relocated and its ability to function in the spring. All agreed with Mr. Gallagher's suggestion of cutting back the pipe just beyond the fence line, using a force main pump and daylighting at elevation 155. Mr. Schneider said he would have their engineer design a plan accordingly, which will be submitted to the Commission for approval. Comments from the Commission. Mr. Healey asked Mr. Manganello if he had any concerns based on the discussion tonight, or if everything had been addressed. Mr. Manganello said the Applicant has addressed almost all of his findings and recommendations from the August 28th letter but said he also submitted a second letter dated September 17`h, with additional recommendations, which were based on a revised plan; he said these recommendations have been incorporated into the plan. Mr. Healey said there is now a viable solution for the sump pump and the water issues. He said Mr. Manganello and Ms. Gonyer are of the opinion the restoration work should be done first before work is started on the exterior and interior of the house. Mr. Manganello said this is correct and they have included a construction sequence on the plan that includes 17 items, but the restoration is to be done first with an inspection by Ms. Gonyer to confirm the work was done correctly and then the Applicant can move on with the other activities, 1-6. Mr. Schneider agreed they would do items 1-6 before moving on to the next stage. Mr. Gallagher had no further comments. Ms. Simms asked about the increase in impervious surface. She said the driveway looks much larger on the new plan and said there is an addition and a porch on the front of the house that are not included on the newest plan. Mr. Schneider said the driveway will be for one or two cars. He said the addition will be to extend a bedroom, either 8'x12' or smaller and there will be no porch on the front of the house. He said the proposed deck will be 10'x12'. Mr. Schneider said he will submit the information to Ms. Gonyer about the driveway, to be approved by the Commission. He noted the driveway will be done in spring 2021. He said they will start the restoration immediately and will follow the construction sequence. Mr. Manganello suggested, because it is already late September, the Commission go forward with the Amended Order of Conditions so they can get a permit in hand and get the restoration plantings in the ground. Mr. Healey polled the board to see if they were in favor of issuing the Amended Order tonight to allow the Applicant to proceed with the restoration efforts; Mr. Gallagher— in favor Ms. Simms — in favor Ms. Jaynes — in favor Mr. Healey— in favor. Mr. Healey asked that the site plan and the construction sequence as presented on the plan dated September 18, 2020 be referenced in the Amended Order. Public Comments: The Chair read the following notice: "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you onlyhave your phone unmuted while you are asking your question. Please mute when you are no longer live. you can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Mr. Gallagher made the motion to issued an Amended Order of Conditions to AGS Development, 310 West Street, Map 11, Parcel 21, under DEP SE 211-0980, for the proposed amendment to include an addition, deck, fencing, restoration planting area and associated drainage for a single-family dwelling within 100 feet of a Bordering Vegetated Wetland and Intermittent Stream, per the plan dated September 18, 2020, with the construction sequence associated with the plan. Special Conditions as follows: 2018 ADDITIONAL SPECIAL CONDITIONS FOR 310 WEST STREET UNDER THE MANSFIELD WETLAND PROTECTION BY-LAW CHAPTER 220 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. All work must conform to the plans dated November 1, 2018 referenced as "the plan of record" in this Order; 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work; 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site; 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up actions; 6. All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 7. A construction sequence is to be submitted to the Commission prior to the start of work; 8. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 9. Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the Engineer and/or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing; 10. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record; 11. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 12. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 13. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 14. Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally Sensitive Area" signs on the subject lot. The Applicant must install 12" x 18" metal signs on a permanent metal post. The quantity and location of the sign are to be designated by the Agent in the field. Contact the Conservation Department for signage details, sign vendors, and method of installation; 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. A wetland monitor, pre -approved by the Mansfield Conservation Commission, is to be hired at the applicant's expense. The wetland monitor is to be present during construction and during all work within Conservation Commission jurisdiction; 17. Wetland Monitor shall provide weekly updates in writing to the Conservation Commission during construction to update the Commission regarding the status of the construction within Conservation Commission jurisdiction; 18. Wetland Monitor shall report back to the Commission once the replication areas have been constructed and planted and quarterly for the next three growing seasons; 19. The replication area plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission. A Full Certificate of Compliance cannot be issued until the two growing seasons have passed AND 75% survival rate has been achieved; 20. Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well; 21. Agent shall meet with Wetland Monitor to develop a more detailed time line and construction sequence; 22. Plan to be submitted with location of sump pump discharge; 23. Any additional conditions that the Agent deems necessary can be brought to the Wetland Monitor's attention. FINDINGS: 10 • At their September 24, 2020 public hearing the Mansfield Conservation Commission issued an Amended Order of Conditions to AGS Development Corp., 10 Owl Drive, Sharon, MA 02067. The site plans to accompany the OOC were drafted by Outback Engineering Incorporated. The plan of record is dated October 28, 2020. SPECIAL CONDITIONS UNDER THE UNDER THE MANSFIELD WETLAND PROTECTION BY-LAW CHAPTER 220 24. RECORD THE ORDER: The Order of Conditions must be recorded with the Bristol County Registry of Deeds and the receipt of the Order returned to the Commission filled in by the Registry. The Agent shall not issue a start work date until the Order has been recorded; 25. SITE PLANS: All work must conform to the plans "Site Plan 310 West Street (Assessors Map 11 Lot 21) in Mansfield Massachusetts, revised October 28, 2020, referenced as "the plan of record" in this Order; 26. LIMIT OF WORK/START WORK: All limits of work and erosion controls shall be installed prior to any construction or excavation. The Applicant shall notify the Agent when the erosion controls have been installed (at least 5 business days in advance of the proposed start work date). Once the erosion control has been inspected, the Agent may issue a start work date. Limited tree & shrub clearing may be permitted in order for the installation of the erosion controls under the direct guidance of the Commission or the Agent. The Agent or Commission must be notified of any clearing prior to the inspection of erosion control; 27. NOTIFICATION OF START AND COMPLETION OF WORK: The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement and when project is complete; 28. EROSION CONTROLS: The erosion controls, to be installed at limit of work, per the plan, shall consist of an 8" diameter (min.) biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each side of sock or equivalent (do not pierce silt sock with stakes). See the Conservation Agent (Agent) for specific erosion control design standards; 29. ORDER ON SITE: The Applicant shall be responsible to ensure that all contractors have received and reviewed the Order of Conditions, along with the associated site plans, documents, maps, etc., approved by the Conservation Commission; 30. WETLAND FLAGS: Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 31. LIMIT OF WORK MAINTAINED: The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized; 32. ROOF RUN OFF: All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 33. CONSTRUCTION SEQUENCE: Work on the exterior and interior of the house can start once items 1-9 in the General Construction Sequence have been completed, as stated in the Peer Review Report #2 dated September 17, 2020, prepared by LEC Environmental Consultants, Inc.; 34. CERTIFICATE OF COMPLIANCE: The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project submit an as -built plan of all approved structures and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 35. MODIFICATIONS TO ORDER: Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 36. SIGNAGE: Signage for single family lots: Prior to receiving a Certificate of Compliance, the Applicant must install eight (8) permanent 4" discs; the III discs are to be installed on the split rail fence. The discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at the Conservation Department; 37. NO SYNTHETIC CHEMICALS: No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 38. NO DUMPING OF LAWN CLIPPINGS: Dumping of lawn clippings and/or yard debris into wetland and/or 25- foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. All lawn clipping and debris must be stockpiled as far as possible from all protected wetlands as allowable within the subject property; 39. These special conditions as well as the previous conditions from 2018 (attached) must be followed. Ms. Simms seconded the motion. Ms. Joynes— in favor Mr. Gallagher— in favor Ms. Simms — in favor Mr. Healey — in favor Motion passed 4-0-0. Hearing ended at 7:20 pm. 8. Notice of Intent: Steve Chorney, Community Gardens, LLC, 500 School Street, Map 6, Parcel 116. Construction of a 78,000 square -foot building within 100 feet of Bordering Vegetated Wetland. DEP SE 211-0983 Scott Goddard, Goddard Consulting, Attorney James Gallagher, Steve Chorney, Tim McGuire, Edmund Spruhan were present. Mr. Goddard gave an update on the project. He said at the first hearing they submitted a site plan for a large building on a re -development site. He said the plan was reviewed by the Town Engineer and Ms. Gonyer and the project has been going through the Planning Board process as well. He said they submitted a second plan revision two weeks ago that showed a modification to the site plan to include a loop road around the building as well as other minor plan changes such as snow storage/removal, and minor drainage modifications, the result of the stormwater review by the Town Engineer. In further discussions with the Planning Board, the proposed loop road is going to be removed from the project; the loop road was withdrawn because it would have triggered additional work within the 25-foot No Disturb Zone of a non -restorative nature. Mr. Goddard noted it is largely the same plan initially presented at the first hearing with some minor changes, including snow storage and drainage; he said the revised plan was submitted September 23, 2020. Comments from the Commission: Mr. Healey commented there would be a lot of fill removed from the site, which is a good thing for the resource areas; he asked if the fill would be removed up to the edge of the wetland. Attorney Gallagher said right now there are piles 10 feet high that go right to the wetland edge so the fill will be removed but a very thorough restoration plan has been submitted and the entirety of the 25-foot area and more will be restored and planted with native vegetation. Mr. Healey said all the issues with the stormwater design have been resolved; Mr. Spruhan said this is correct. Mr. Gallagher said his concerns were with the stormwater and where the outlets were going because the locations are not shown on the plan. He noted the Town Engineer had reviewed the drainage but he asked that the drainage design be explained. Mr. Spruhan reviewed the drainage design, the outlets and emergency overflow. 12 Ms. Simms had no questions. Ms. Jaynes asked about monitoring the return of any invasive species. Attorney Gallagher said this was included in the narrative of the planting plan, that there would need to be some level of monitoring initially and the use of herbicides or spot treatments. Mr. Gallagher said he would like to see some erosion control/rip rap around the outlets and the path the overflow would normally take to prevent any erosion and prevent the water from scouring out the area. He said the overflow could go on the grass, the landscaping or the 25-foot areas to spread the overflow out. Mr. Spruhan agreed to incorporate rip rap into the plan. Mr. Healey said the Applicant would have to amend the plan to show the rip rap detail on the emergency spillways/emitters. Mr. Gallagher asked if the Town Engineer had looked at all the drainage calculations. Mr. Healey said yes but the Commission has not received a memo from Mr. Alves with his comments; Ms. Gonyer told Mr. Healey all Mr. Alves' comments have been addressed by the Applicant. Mr. Healey said the plan does not show any storage areas for agricultural material such as fertilizer, composting, etc. outside the building footprint. Mr. Chorney said any materials would be stored inside the building. Mr. Healey said a plan with the loop road removed and the addition of rip rap associated with the emergency drains would have to be submitted. Attorney Gallagher said they are asking for a motion to issue the Order of Conditions tonight, subject to the submission of the revised plan. Mr. Healey said all of Ms. Gonyer's concerns were addressed and the Commission could make a motion to issue the Order with the stipulation that a revised plan showing the loop road removed and the addition of rip rap around the outlets and overflow areas be submitted prior to the issuance of the Order. He said one of the conditions should be that there will be no outside storage of fertilizers, pesticides, or composting of materials. Public Comments: The Chair read the following notice: "It is important to us that you have a platform for your questions and comments during this meeting, therefore to ask questions or make a public comment during tonight's virtual meeting you must have registered and joined the meeting via GoToWebinar where you now have the ability to submit your question or comments through the questions option in your control panel, or you can use the raise your hand option to be allowed to speak. For those who have joined the meeting via telephone who would like to ask a question or make a comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted while you are asking your question. Please mute when you are no longer live. you can unmute your phone by pushing *6. Please then state your name and address, and when acknowledge by the Chairperson you can then state your question or comment. When you are done with your comment please mute your phone again by pushing *6. As with any public meeting we ask you to be respectful of the Board members and the other residents who are making their comments by patiently and quietly waiting your turn. Thank you." There were no public comments. Mr. Gallagher made the motion to issue an Order of Conditions to Steve Chorney, Community Gardens, LLC, 500 School 13 Street, Map 6, Parcel 116 for the construction of a 78,000 square -foot building within 100 feet of Bordering Vegetated Wetland under DEP SE 211-0983, with the following Special Conditions under the Mansfield Wetland Protection By -Law, Chapter 220: FINDINGS: • At their September 24, 2020 public hearing the Mansfield Conservation Commission issued an Order of Conditions to Steve Chorney, Community Gardens LLC, 2 Clark Street, Sharon, MA. The site plans to accompany the OOC were drafted by Spruhan Engineering, P.C. The plan of record is dated October 2, 2020. • The jurisdiction wetlands on site are Bordering Vegetated Wetlands. The jurisdiction buffer zone is 100 feet from these resources. • Nicole Hayes of Goddard Consulting LLC was the professional wetland scientist that performed the delineation. • The scope of work includes: the construction of a 78,000 square -foot building, driveway/parking, walkway, landscape area, removal of fill piles and stormwater management in an area zoned as Planned Business District. This property is on town water and sewer. • The proposed building is located approximately 29' from the wetland boundary. SPECIAL CONDITIONS UNDER THE MANSFIELD WETLAND PROTECTION BYLAW CHAPTER 220: 1. RECORD THE ORDER: The start of work may not be issued until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. SITE PLANS: All work must conform to the plans "500 School Street, Mansfield, Massachusetts, Civil Plans" revision date October 2, 2020, prepared by Spruhan Engineering, P.C, referenced as "the plan of record" in this Order; 3. PRECONSTRUCTION MEETING: Prior to the start of work, the Agent, Applicant/Representative (including, but not limited to Wetland Scientist, Land Surveyor, Project Professional Engineer) and the contractor must meet onsite to review all terms and conditions of the Order, including the site plan and any special conditions; 4. LIMIT OF WORK/START WORK: All limits of work and erosion controls shall be installed prior to any construction or excavation. The Applicant shall notify the Agent when the erosion controls have been installed (at least 5 business days in advance of the proposed start work date). Once the erosion control has been inspected, the Agent may issue a start work date. Limited tree & shrub clearing may be permitted in order for the installation of the erosion controls under the direct guidance of the Commission or the Agent. The Agent or Commission must be notified of any clearing prior to the inspection of erosion control; 5. NOTIFICATION OF START AND COMPLETION OF WORK: The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement and when project is complete; 6. EROSION CONTROLS: The erosion controls, to be installed at limit of clearing and work as per the plan, shall consist of an 8" diameter (min.) biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). See the Conservation Agent (Agent) for specific erosion control design standards; 7. ORDER ON SITE: The Applicant shall be responsible to ensure that all contractors have received and reviewed the Order of Conditions (along with all associated site plans, documents, maps, etc. approved by the Commission); 8. WETLAND FLAGS: Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 9. ADDITIONAL MITIGATION: The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site; 10 LIMIT OF WORK MAINTAINED: The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized; 11. STABILIZATION: Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side 14 slopes greater than 3:1(but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up actions; 12. ROOF RUN OFF: All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 13. STORMWATER MANAGEMENT: All the terms and conditions set forth in the Stormwater Management Plan for the 500 School Street project prepared by Spruhan Engineering, P.C., revised September 15, 2020 to be included with this Order of Conditions. All on -going 0&M plan activities are to be recorded as noted; 14. CERTIFICATE OF COMPLIANCE: The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan of all approved structures and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 15. MODIFICATIONS TO ORDER: Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 16. SIGNAGE: Signage for industrial, commercial or any large scale project: Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally Sensitive Area" sign(s) on the subject lot. The Applicant must install 12"x18" metal sign(s) on a permanent metal post. The quantity and location of the sign(s) are to be designated by Commission or the Agent on a case by case basis. Contact the Conservation Department for signage details, sign vendors and method of installation; 17. NO SYNTHETIC CHEMICALS: No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 18. NO DUMPING OF LAWN CLIPPINGS: Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. All lawn clipping and debris must be stockpiled as far as possible from all protected wetlands as allowable within the subject property; 19. OUTSIDE STORAGE: No outside storage of fertilizer, herbicides, pesticides or fungicides or any other organic or agricultural material is allowed; 20. RESTORATION MONITORING: Monitoring reports shall be prepared for the restoration area by a qualified wetland scientist for a period of two (2) additional years after restoration is complete. Monitoring program will consist of early summer and early fall, to include photographs and details about the vitality of the restoration area. Invasive species to be monitored and removed; 21. BUFFER ZONE RESTORATION AREA: Plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission. A Full Certificate of Compliance cannot be issued until the two growing seasons have passed AND 75% survival rate has been achieved; 22. FENCING: After plants have been installed and invasive species treated a Split Rail Fence will be installed along the proposed access road; 23. INVASIVE SPECIES MANAGEMENT PLAN: Applicant shall install native plantings outlined in the Buffer Zone Restoration Plan dated September 15, 2020, prepared by Goddard Consulting LLC. Ms. Joynes seconded the motion. Mr. Gallagher— in favor Ms. Simms— in favor Ms. Joynes— in favor Mr. Healey — in favor. 15 Motion passed 4-0-0. Hearing ended at 8:01 pm. 9. Adjournment: Motion to adjourn at 8:09 pm. Gallagher/Joynes. Mr. Gallaher— in favor Ms. Joynes — in favor Ms. Simms — in favor Mr. Healey — in favor Motion passed 4-0-0. Next meeting will be October 19, 2020 at 6:00 pm. Chair l / -16—ZO&O Date 16