HomeMy WebLinkAboutConservation Comm. 09/27/2021Town of Mansfield
Conservation Commission
September 27, 2021 Minutes
RECEIVED
_F' S OFFICE
2021 NOV 30 A 9: 09
Present: Michael Healey, Chair; Dr. Aaron Roth, Vice Chair; Aaron Gallagher;jgi�q��!n s; Jeffrey Paten;
Sarah Jaynes; Katelyn Gonyer, Environmental and Conservation Planner r,A r r `;
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1. Meeting opened at 6:04 pm.
The Commission welcomed new member Jeffrey Paten.
2. Reorganization of Board:
This agenda item will be on the November agenda.
3. Discussion with Natural Resources Trust (NRT) Deborah Snyder regarding Canoe River Heritage Trail.
Ms. Gonyer noted the Ms. Snyder asked to withdrawn the request.
4. Request for Certificate of Compliance: Casper Puerzer (Dalton & Finegold, LLP), 30 Saddle Ridge
Road, Lot 3, Map 3, Parcel 19, under DEP SE 211-0937.
Mr. Healey said the Order was issued for the construction of a single-family dwelling with associated
appurtenances within the 100-foot buffer zone of Bordering Vegetated Wetland and Natural Heritage
Estimated and Priority Habitat.
Ms. Gonyer said the Applicant asked that the request for a Certificate of Compliance be withdrawn. She
recommended the Commission accept the request.
Ms. Champagne said there were two virtual attendees; she said if anyone had any questions or comments
they can raise the hand tool or press *6 on their phone to unmute themselves to be heard.
There were on comments virtually or from the audience.
Mr. Gallagher made the motion to accept the withdrawal of the request for a Certificate of Compliance
from Casper Puerzer (Dalton & Finegold, LLP), 30 Saddle Ridge Road, Lot 3, Map 3, Parcel 19, under DEP
SE 211-0937
Dr. Roth seconded the motion.
Mr. Healey —in favor
Aaron Gallagher— in favor
Jeffrey Paten — in favor
Dr. Roth — in favor
Diane Simms — in favor
Sarah Jaynes — in favor
Motion passed 6-0-0 at 6:10 pm.
5. Request for Determination of Applicability: Denise Mahoney, 6 Winslow Way, Map 41, Parcel 443.
Mr. Healey opened the hearing for Denise Mahoney for the removal of trees, invasive and overgrown
shrubs and saplings and a new landing on the existing rear deck within the buffer of an Intermittent
Stream.
Denise Mahoney was present
Ms. Gonyer said the homeowner has been trying to do this work since 2012. Ms. Mahoney said one tree
is hanging over the deck and she would like to remove the saplings in the yard.
Ms. Gonyer said the homeowner is not expanding the deck but will turn the landing. Mr. Healey said they
are cutting the saplings and stabilizing the slope and said they can use a vegetated cover to prevent the
saplings from re -growing. Ms. Mahoney said they will do whatever Ms. Gonyer asked them to do to
stabilize the slope. Ms. Gonyer said the homeowner can colonize the area by planting something with a
good root system. Ms. Gonyer said she will work with the homeowner to get the appropriate plants. She
recommended a Negative 3 Determination, no resource area will be impacted, be issued.
Dr. Roth said because the Commission does not have a planting/work plan, the Commission needs to have
some language that would cover everything so the homeowner will not need to come back to the
Commission.
Ms. Champagne advised anyone attending virtually to use the hand tool or * 6 to unmute their phone
There were no comments virtually or from the audience.
Ms. Gonyer suggested the damaged pines trees be removed; the trees will need to be flush cut.
Ms. Gonyer said if they are going to do any more work they would need to come back. She said she has
no problem meeting the homeowner on site to go over the work and the plantings.
Dr. Roth made the motion to issue a Negative Determination, for reason #3, with the following conditions:
1. All disturbed areas are to be stabilized as soon as possible prior to the winter months;
2. Agent shall be notified in writing when project is completed and all disturbed areas have been
stabilized;
3. All trees are to be flush cut;
4. Erosion mitigation methods must be approved by the Agent prior to the start of work.
Mr. Gallagher seconded the motion.
Mr. Healey — in favor
Mr. Gallagher —in favor
Dr. Roth — in favor
Ms.loynes — in favor
Ms. Simms — in favor
Mr. Paten — in favor
Motion passed 6-0-0 at 6:31 pm.
6. Request for Determination of Applicability: Thomas Dornan, 23 Hall Street, Map 36, Parcel 140,
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Mr. Healey opened the hearing for Thomas Doman for the restoration for cutting and clearing of natural
vegetation and re -grading within the boundaries of resource areas, an Intermittent Stream and Bordering
Vegetated Wetland.
Homeowner Dawn Doman was present.
Ms. Gonyer said this filing is the result of a stop work order. She said there is a swale/ditch in the back
yard and material has been pushed into the stream in the past. She said the homeowner was unaware of
the wetland system in the back yard so he started to clear the area by cutting all vegetation and re -grading
the minimize the slope. She said because the homeowner did not know where his property line was, he
cut on the abutting property. The property line was staked by RIM Engineering and there was some
disturbance on the abutting property, which was in conservation jurisdiction.
Because of the private property issue, both parties will have to approve the restoration plan. Ms. Gonyer
asked that they incorporate an isolated wetland that is located in the front area of the property. She said
the homeowners are proposing a living wall of arborvitae or some type of border plantings along the back
portion of the property to delineate their property line and the existing shed will be moved. All disturbed
areas will be loamed and seeded with a wetland meadow mix.
Ms. Donan said from the house, to the side of the pool and five feet off the patio, the area slopes down
and they would like to level this area so it can be a usable area. Ms. Donan said they were not aware the
removed trees were not on their property.
Dr. Roth asked what type of fence, as shown on the plan, would be installed. Ms. Donan said a chain link
fence would be installed around the back yard. The fence next to the house would be a gated privacy
fence. Ms. Gonyer said the fence would be 50 feet away from the resource area.
Erosion control will be installed at the 25-foot area. Mr. Healey asked if the homeowners were still
planning to move the shed. Ms. Donan said yes, the shed would be moved over to the side of the property.
Ms. Gonyer said the shed would be on existing lawn area.
Ms. Joynes asked if the siltation control would be on three properties. Ms. Gonyer said this would not be
necessary: the erosion control will be on the Applicant's property and, as necessary, on the abutters
property to protect the impacted area.
Ms. Simms asked if the abutter at 83 Hall Street, whose land was disturbed, has approved the plan for the
two Red Maple trees. Ms. Gonyer was in contact with the abutter and as long as the area is restored and
everything is replaced, they are fine with everything.
There were no questions from the audience or virtually.
Mr. Gallagher made the motion to issue a Negative Determination, for reason #3, with the following
conditions:
1. All disturbed areas are to be stabilized as soon as possible prior to the winter months with a
conservation seed mix in the designated area;
2. The Conservation Agent is to be notified in writing when the project is completed and when all
areas have been stabilized;
3. Saplings and Red Maple trees are to be planted on the abutting property as approved by the
abutter and Agent.
Ms. Joynes seconded the motion.
Ms. Simms — in favor
Ms. Joynes — in favor
Dr. Roth — in favor
Mr. Gallagher— in favor
Mr. Paten — in favor
Mr. Healey — in favor
Motion passed 6-0-0 at 6:51 pm.
7. Notice of Intent: Scott & Denise McKay, 38-40 Pine Needle Lane, Map 31, Lot 120.
Mr. Healey open the hearing for Scott & Denise McKay for the replacement of the septic system,
associated site grading and disturbance within 100 feet of Bordering Vegetated Wetland under DEP SE
211-0990; the existing septic tank and leaching pits will be removed.
Brad Fitzgerald, the project engineer from SFG Engineering, said a Title 5 was done and the whole system
needed to be replaced. The old system will be abandoned and this area will be filled in and loamed and
seeded to recover this area. The new system, at its closest point will be approximately 55 feet from the
Bordering Vegetated Wetland (BVW). The septic tank and pump chamber will be approximately 28 feet
from the edge of the BVW. The grading around the actual leaching field will be approximately 45 feet from
the wetland area; this area will be loamed and seeded, Prior to the start of work, erosion control will be
installed and will remain in place until the grass has been established and there is no danger of erosion
into the wetland.
There were no questions or comments from the audience or virtually. Ms. Champagne asked if people
attending virtually have questions or comments to please use the hand tool or unmute themselves to be
heard at this time.
There were no comments from the audience or virtually.
Mr. Gallagher made the motion to issue an Order of Conditions to Scott & Denise McKay, 38-40 Pine
Needle Lane, Map 31, Lot 120, for the replacement of the septic system and associated site grading and
disturbance within 100 feet of Bordering Vegetated Wetland, the existing septic tank and leaching pits
will be removed, under DEP SE 211-0990, with the following Special Conditions 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 plan dated August 4, 2021, 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. The Conservation Commission or its agent is to be notified of the starting date of the
work prior to its commencement.
7. 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.
8. Wetland flagging must remain in place until the project has been completed and the
Certificate of Compliance issued.
9. 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.
Applicant must include any hardscaping, patios, walkways, etc. on the as built plan.
10. 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.
11. 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.
Mr. Paten seconded the motion,
Dr.
Roth — in favor
Ms,
Joynes — in favor
Ms.
Simms — in favor
Mr.
Gallagher — in favor
Mr.
Healey — in favor
Mr.
Paten — in favor
Motion passed 6-0-0 at 6:58 pm.
8. Old Business:
• Review Open Space handbook:
Ms. Gonyer said the Open Space handbook link was sent to the Commission; she said she can print out
the handbook if necessary.
• SNEP OCA Grant review:
Ms. Gonyer said we have been awarded the Technical Assistance Award from EPA's Southeastern SNEP.
This award allows for third party technical services where a consultant would come in and work with Ms.
Gonyer and other associated departments that are part of the town's plan to approach climate change.
There will be a workshop for the Canoe River Aquifer Resilience Committee on Wednesday, September
291h from 6-7:30 pm, at the Environmental Center at Edith Reed Conservation Land, Norton, Ma. The
steering committee brought in Horsley -Whitten to help with the project. Ms. Gonyer said we will fund
ten (10) projects throughout several towns that are involved.
• Ratification of Enforcement Order: 23 Hall Street
Mr. Gallagher made the motion to ratify the Enforcement Order for 23 Hall Street
Dr. Roth seconded the motion.
Ms. Simms — in favor
Ms. Joynes — in favor
Dr. Roth — in favor
Mr. Gallagher— in favor
Mr. Paten — in favor
Mr. Healey - in favor
Motion passed 6-0-0 at 7:00 pm.
9. Adjournment:
Motion to adjourn at 7:09 pm (Gallagher/Paten)
Ms. Simms - in favor
Ms. Joynes — in favor
Dr. Roth — in favor
Mr. Gallagher— in favor
Mr. Healey — in favor
Mr. Paten — in favor
Motion passed 6-0-0 at 7:09 pm.
Next meeting will be November 29, 2021 in Meeting Room 3 A/B at 6:00 pm.
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Michael Healey, Chair Date