HomeMy WebLinkAboutConservation Comm. 05/09/2022Town of Mansfield
Conservation Minutes
DIVED
0FFICE
May 9,2022
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Present: Michael Healey, Chair; Aaron Gallagher; Sarah Joynes; Jeffrey Paten; Kat2ly� Go ycPC nP sef'va ion and
Environmental Planner
1. Call to Order at 6:05 pm.
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2. Request for Certificate of Compliance: Craig Cygawnoski, RIM Engineering Co., Inc., Dutton Drive,
Map 4, Parcel 137.
Mr. Healey opened the hearing for a Request for a Certificate of Compliance for Dutton Realty Trust.
This Order was issued for the construction of a roadway and drainage associated with a four lot sub -division
off Winter Street under DEP SE 211-0916.
There were no public or virtual comments.
Mr. Paten made the motion to issue a full Certificate of Compliance to Dutton Realty Trust for the construction
of a 50-foot public way and associated drainage and utilities.
Ms. Joynes seconded the motion.
Motion passed 4-0-0 at 6:08 pm.
3. Request for Determination of Applicability: Town of Mansfield, Williams Street and Old Elm Street,
Map 2,5,6&10
Mr. Healey opened the hearing for the Town of Mansfield for roadway reconstruction and drainage
improvements on a portion of William Street and Old Elm Street within 100 feet of Bordering Vegetated
Wetland.
Ms. Gonyer said this a typical full depth road construction and the areas with crossings and culverts within
jurisdiction are shown of Sheets 2, 4, and 7. She said all work will be done within the existing roadway. She
said this is in preparation for a state bridge project.
Richard Alves, Town Engineer, said the Town of Mansfield, Engineering Division, has prepared a roadway
reconstruction and utility upgrade for Williams Street, from Old Elm Street to Forest Heights, just east of
Robinson's Pond as shown on assessors map 2, 5, 6, and 10. He said DPW is proposing approximately 3,800
linear feet of reconstruction and drainage improvements along Williams Street and a portion of Old Elm Street,
all within the right-of-way. Mr. Alves discussed the work and concerns shown on Sheets 2, 4, 7 and 9 and said
this project will not impact wetlands and resource areas. He said Ms. Gonyer agreed with the delineation for
this application and the erosion control barrier consisting of 8" mulch silt sock was discussed and approved by
Ms. Gonyer during a walk-through in February 20202. He said the disposal of any materials into the wetlands,
streams or other water resource areas will not be permitted and all care will be taken to prevent any adverse
impacts to the resource areas. Erosion control will be installed prior to construction and will not be removed
until all disturbed areas in the vicinity of the construction have been permanently stabilized; once the areas are
stabilized, the mulch in the sock will be spread out evenly for habitat. Mr. Alves said the intent is to have the
work performed by a contractor hired by the town, with the work being done during the dry months with the
assistance of DPW and the Engineering Department.
Public Comments:
Michael George, 84 Williams Street, said since the residential compound at Buckskin Drive was done water
seems to accumulate and progress every year in this area. Mr. Alves said because the amount of impervious
surface will be the same or decreased, this project should not impact the amount of water offsite. Mr. Alves
noted he cannot answer to what they did on Buckskin Drive because it is a private roadway in a residential
compound; he said there are wetlands on this property and he does not have the answer as to how they provided
drainage, but said what they are proposing here tonight should not increase the flow off site. Ms. Gonyer said
Buckskin Drive has its own drainage pond and that project received a Certificate of Compliance through
Conservation. She said with this project we are actually going to increase and slow down the water and let it
infiltrate in more properly. This will put a lot of clean water into the system because right now anything that is
on the street is flowing into the wetland system; she said this will allow it to slow down, break apart through the
treatments and slowly dissipate into the wetlands more adequately. She said she does not see how this project
could increase the conditions of the water table because this project will not increase the imperious surface.
Kimberly Mulkern, 76 Williams Street, said this area is always flooded and asked, with the potential for a school
or development on Old Elm Street, how will this affect the water table. Ms. Gonyer said we do not have any
permits for any potential projects on Old Elm Street or Williams Street but there is nothing in this design that
has anything to do with any outstanding private projects.
There were no comments from the Board.
Mr. Gallagher made the motion to issue a Negative Determination for Reason #3, no work will impact the
resource areas, to the Town of Mansfield for roadway reconstruction and drainage improvements on a portion
of Williams Street and Old Elm Street, as shown on the plan, "Department of Public Works, Town of Mansfield,
Massachusetts Williams Street Reconstruction Project, dated March 31. 2022 and prepared by the Town of
Mansfield Department of Public Work, with the following special conditions:
• Erosion control is to be installed as shown on the plan and maintained throughout the entire project
until all disturbed areas have been stabilized.
• The Agent must inspect the erosion control prior to the start of work.
• The Agent shall be notified of the start of work.
Ms. Joynes seconded the motion.
Motion passed 4-0-0 at 6:33 pm.
Ms. Gonyer said she will talk with anyone who has any questions and Mr. Alves said he would meet with anyone
with any questions out in the hallway.
4. Request for Determination of Applicability: Robin O'Brien, 1384 East Street, Map 43, Parcel 52.
Mr. Healey opened the hearing for Robin O'Brien for the construction of a 32'x24'garage/mud room and a 6'x4'
farmers front porch within 100 feet of Bordering Vegetated Wetland.
Charles O'Brien, the homeowner, and David Miller, contractor for the project, were present.
Ms. Gonyer said this is for a front farmers porch and addition, to include a garage and mudroom, for a single
family house. She noted the wetlands are located along the entire southwestern portion of the yard on the right
side of the house. Erosion control is proposed on the top of the slope and must be maintained throughout
construction and a drywell is shown on the plan. She said there is some leaf disposal in the woods on the back
side of the property and the homeowner should find another place outside the wetland area to stockpile the
lawn/leaf debris. David Miller asked if the drywell would be necessary. Ms. Gonyer said she would meet on site
to determine the best location for the drywell.
Mr. Healey asked why diamond piers were being used for this project. Mr. Miller said this method, done by an
impact driver, requires very little excavation. He said the garage will be on a standard foundation.
Ms. Joynes asked about the existing driveway. Mr. O'Brien said there is an existing paved driveway but the long-
term plan would be to re -pave the driveway in the same location. Mr. O'Brien said he would like to change the
paved walkway to the front door with a more previous surface. Ms. Gonyer said patio pavers would be good for
this area.
Mr. Healey asked where they would be storing excavated materials. Mr. Miller said from the street line they will
store any materials to the left side. He said there is a chance they will have to truck some of the material off site
because of the poor soil conditions and, if it is necessary, they will bring in clean fill; he noted nothing will be
stored on the wetland side of the property. Mr. Healey asked that the erosion control be extended around the
material storage area.
There were no public or virtual comments.
Ms. Joynes made the motion to issue a Negative Determination for Reason #3, no work will impact the resource
areas, to Robin O'Brien, 1384 East Street, Map 43, Parcel 52, for the construction of a 32'x24' garage/mudroom
and a 6'x14' farmers porch within 100 feet of Bordering Vegetated Wetland as shown on the plan "Plot Plan
1384 East Street" dated March 25, 2022, with the following special conditions:
• Erosion control is to be installed as shown on the plan and maintained throughout the entire project
until all disturbed areas have been stabilized.
• The Agent must inspect the erosion controls, which should encompass the soils storage area.
• The Agent shall be notified of the start of work.
• Designate a location for dumping lawn clippings, the location to be approved by the Agent outside the
25-foot No Disturb Zone.
• Remove all lawn debris including leaves, twigs, branches, etc. from the 25-foot No Disturb Zone and
resource area. Discontinue all dumping within the 25-foot No Disturb Zone.
Mr. Paten seconded the motion.
Motion passed 4-0-0 at 6:47 pm.
5. Request for Determination of Applicability: Louis & Maxine Xifaris, 46 York Road, Map 02, Parcel 272.
Mr. Healey opened the hearing for Louis and Maxine Xifaris for the installation of an in -ground pool, paver pool
deck, landscaping, and retaining wall within 100 feet of Bordering Vegetated Wetland.
Louis and Maxine Xifaris, the homeowners, were present.
Ms. Gonyer said one of her concerns is 15+ mature trees have recently been cut within an area of jurisdiction
and noted there are also small saplings that have been cut annually in the wetlands. Mr. Xifaris said he did not
know there were wetlands there but he intends to add plantings and shrubs. She said her other concern is there
is a lot of debris in the area where the trees were removed. She said there will have to be some mitigation
before permitting the pool because she is concerned about the stability of this area. Ms. Gonyer asked about
the retaining wall with a fence. Mr. Xifaris said this is a debris fence but the pool fence will be on top of the
retaining wall. Ms. Gonyer said there will have to be a planting plan with only native plantings between the 50-
and 100-foot area to prevent the colonization of invasive species. Mr. Healey said given the amount of clearing
there is a concern about erosion and invasive species, so there would have to be some type of restoration. Mr.
Xifaris said he is working with Guerrini Landscape. Ms. Gonyer said she will work with the landscaper. The limit
of work will remain as is.
Ms. Gonyer said the homeowner needs to find another area for the lawn debris away from the wetlands and the
back side of the property would have to be stabilized.
Mr. Healey asked about the filtration system for the pool. Mr. Xifaris said it will be a sand filtration system
requiring backwashing and said, if needed, a drywell will be installed for the backwash; Ms. Gonyer noted the
board usually asks for a cartridge filtration system but she is not concerned because this is a saltwater pool. She
said the drywell should be added to the plan. Mr. Healey mentioned the board asks for Frog Logs for the pool
and asked about the retaining wall. Mr. Xifaris said the retaining wall will be less than four feet.
There were no public or virtual comments.
Mr. Gallagher made the motion to issue a Negative Determination for Reason #3, no work will impact the
resource areas, to Louis & Maxine Xifaris, 46 York Road, Map 02, Parcel 272, for the installation of an in -ground
pool, paver pool deck, landscaping, and retaining wall within 100 feet of Bordering Vegetated Wetland, as shown
on the plan, "Conservation Plan 46 York Road" dated April 5, 2022, with the following special conditions:
• Erosion control is to be installed as shown on the plan and maintained throughout the entire project
until all disturbed areas have been stabilized.
• The Agent must inspect the erosion control.
• The Agent shall be notified of the start of work.
• All pool specifications, filters and maintenance shall adhere to the Pool Standards.
• Filter should be a cartridge system, requiring no backwashing. Location of system should be away
from wetland area. Draining of pool water is not allowed to be discharged toward the wetland or
resource areas.
• At least two (2) Frog Logs, or similar product, shall be installed in the pool.
• Designate a location for dumping lawn clippings, location is to be approved by the Agent outside of the
25-No Disturb Zone.
• Designate a location for dumping lawn clippings outside of the 25-foot No Disturb Zone, location to be
approved by Agent.
• Remove all lawn debris, including leaves, twigs, branches, etc. from the 25-No Disturb Zone and within
the resource area. Discontinue all dumping within the 25-No Disturb Zone.
• Any stockpiled material is to be located in the front yard near the driveway.
• Any excavated materials (soils) should be removed from the site the same day as excavation occurs
(except for soil that can be used on site).
• Prior to the start of work, the Agent is to meet with a landscaper to develop a Replication Plan.
Mr. Paten seconded the motion.
Motion passed 4-0-0 at 7:10 pm.
6. Request for Determination of Applicability: Route 140 School Street LLC, 280 School Street, Map 12,
Parcel 012-013.
Mr. Healey opened the hearing for Route 140 School Street LLC for the removal of 20 trees within 100 feet of
Bordering Vegetation Wetland.
Charlie O'Brien and Amanda Chisholm were present.
Mr. O'Brien said they will be removing twenty dead White Pine trees in three locations: Area 1 consists of two
dead White Pine trees, in Area 2 there are fifteen dead White Pine trees and Area 3, three White Pine trees
behind the Tri-Town Chamber of Commerce will be removed. He gave a summary of the work to be done and
said in Areas 2 and 3 no machinery would be used to remove the trees; he noted all work will be done by chain
saws because of the condition of the trees in this area and the tree debris will not be removed from the 100-
foot buffer area. The trees in Area 1 will be cut and removed from the area. Ms. Gonyer said her concern is
there are two outlets that discharge stormwater into the wetland areas and it looks like there is a lot of
windblown trash that needs to be removed in the area of the chain link fence.
There were no Board, public or virtual comments.
Ms. Joynes made the motion to issue a Negative Determination for Reason #3, no work will impact the resource
areas, to Route 140 School Street LLC for the removal of 20 trees within 100 feet of Bordering Vegetation
Wetland, as shown on the plan, "Route 140 School Street LLC Mansfield Crossing Mansfield, MA, Utilities As -
Built Plans for Electric, Telephone, Cable, & Lighting" dated January 31, 2008, with the following special
conditions:
• Agent to be contacted prior to tree clearing.
• Agent is to be notified when tree removal is completed.
All trash and debris located on the wetland side of the rear lot of Kohls, especially near the rip -rapped
outlet, shall be removed and monitored for trash on a regular basis (see attached plan).
Mr. Gallagher seconded the motion.
Motion passed 4-0-0 at 7:27 pm.
Request for Determination of Applicability: Scott & Laura Weinberg, 34 Fredric Lane, Map 040, Parcel
236.
Mr. Healey opened the hearing for Scott & Laura Weinberg for the installation of an in -ground pool, patio and
pavilion within 100 feet of Bordering Vegetated Wetland.
Craig Cygawnoski, RIM Engineering Co., Inc. and homeowner Scott Weinberg were present.
Mr. Cygawnoski said this filing is for the installation of an in -ground pool and an 18'x24' pavilion on the northern
end of the patio, where there is an existing shed which will be moved to the southern side of the property. He
said there is a Bordering Vegetated Wetland as well as an Intermittent Stream at the easterly end of the property.
He said all excavated materials will be removed the same day as excavation occurs and said no grading is
proposed because the area is relatively level behind the house.
Ms. Gonyer said there is some dumping of lawn clippings and another area would have to be designated for the
disposal of the lawn debris. She said she is concerned about the concrete apron, because of the slope from the
lawn area to the Bordering Vegetated Wetland, which is the closest point, and asked why pervious pavers were
not used because the runoff from the concrete apron would be towards the wetland.
Mr. Cygawnoski said the filtration system would be a cartridge filter, which requires no backwashing and Frog
Logs would be installed.
Mr. Healey asked about the ledge area where the pool will be located. Mr. Weinberg said South Shore Drilling
looked at this area and no blasting would be necessary. As far as the slope is concerned, Mr. Cygawnoski said
he talked with Ms. Gonyer and a stone -lined trench off the edge of the pool would be installed so any water
would infiltrate into the ground.
Ms. Joynes asked if the chain link fence goes through the wetland. Ms. Gonyer said a portion of the chain link
fence is within the 25-foot No Disturb Zone so they can either pull the fence in or do some plantings between
the fence and the 25-foot No Disturb Zone instead of removing the fence.
There were no public or virtual comments.
Mr. Paten made the motion to issue a Negative Determination for Reason #3, no work will impact the resource
areas, to Scott & Laura Weinberg for the installation of an in -ground pool, patio and pavilion within 100 feet of
Bordering Vegetated Wetland as shown on the plan, "Proposed In -Ground Pool Location at No. 34 Fredric Lane
in Mansfield, MA dated April 8, 2022 with the following special conditions:
• Erosion control is to be installed as shown on the plan and maintained throughout the entire project
until all disturbed areas have been stabilized.
• The Agent must inspect the erosion control.
• The Agent shall be notified of the start of work.
• All pool specifications, filters and maintenance shall adhere to the Pool Standards.
• Filter should be a cartridge system, requiring no backwashing; location of system away from wetland
area. Draining of pool water is not allowed to be discharged toward the wetland or resource areas.
• At least two (2) Frog Logs, or similar product, are to be used in the pool.
• Designate a location for dumping lawn clippings, location is to be approved by the Agent outside of the
25-No Disturb Zone.
• Remove all lawn debris, including leaves, twigs, branches, etc. from the 25-No Disturb Zone and within
the resource area. Discontinue all dumping within the 25-No Disturb Zone.
• Any stockpiled material is to be located in the front yard near the driveway.
• Any excavated materials (soils) should be removed from the site the same day as excavation occurs
(except for soil that can be used on site).
0 Restoration Plan for plantings/trees between the chain link fence and the 25-foot No Disturb Zone.
Ms. Joynes seconded the motion.
Motion passed 4-0-0 at 7:39 pm.
8. Notice of Intent: Ron Nation, 265 Fruit Street, Map 36, Parcel 15.
Mr. Healey opened the hearing for Ron Nation for the construction of a new 62'x65' airplane hangar, "V", under
DEP SE 211-0994 and modification (expand) of a previously approved hangar, "S", under DEP SE 211-0929, with
related grading and stormwater management.
Ms. Gonyer said, because there is an opened Order, the Applicant is requesting this hearing be continued. The
Applicant will be amending the Order.
There were no public or virtual comments.
Mr. Gallagher made the motion to continue the hearing to June 27, 2022.
Ms. Joynes seconded the motion.
Motion passed at 7:41 pm.
9. New Business:
• Proposed Emergency Water Supply Work at Wading River, City of Attleboro.
Matthew Barry, Project Engineer and Matthew O'Dowd, Assistant Project Engineer, of Tata and Howard were
present.
Mr. Barry said this PFAS filing is located at 250 Balcom Street and is owned and operated by the City of Attleboro.
He said this is one of two sources the City of Attleboro operates, with the second source on West Street in
Attleboro. He said the Wading River treatment plant was issued a Notice of Non -Compliance by MASS DEP in
August 2021 because the PFAS levels exceeded the maximum contaminant levels and the site was closed at the
end of the summer; Mr. Barry noted the West Street treatment plant could handle the wintertime demands for
the city. He discussed how the system operates and said the temporary treatment system will be set to the side
of the existing plant. He said the proposed system will be inside the 100-foot wetland buffer zone and there is
also the 200-foot Riverfront but all work will be outside the 25-foot No Disturb Zone (NDZ). Erosion Controls will
be installed along the 25-foot NDZ and will serve as the limit of work. Mr. Barry said construction will take
approximately 90 days and the temporary treatment system will be in place for approximately three years. He
said the reason they are asking for an emergency waiver for all of this work is the City of Attleboro is piloting a
new water treatment system for this site. He said this will be done through MASS DEP and the new system will
be permitted and designed next year with construction of the facility in 2024 and start up of the facility will be
in 2025. Mr. Barry said a Notice of Intent will be submitted to the Town of Mansfield.
Mr. Barry said the project will be put out for bid and any temporary stockpiling of excavated or fill materials will
be located as far as possible from the buffer zone. As discussed with Mr. Healey and Ms. Gonyer, there will be
a temporary containment system set up forwhen they remove and re -install the ion exchange resin. This process
is expected to happen every eighteen months and the spent resin will be removed by truck. Mr. Gallagher asked
what is planned between the edge of the concrete slab and the erosion control. Mr. Barry said this is a very flat
area so grading would be minimal and the area would be stabilized either with grass or gravel, something that
is pervious. He said there are no plans to add any additional paved areas. Mr. Gallagher said his concern is if
this is going to stay permanently there should be some stormwater treatment for the roof runoff. He would like
to see rip -rap placed to the fence to prevent erosion to the wetland. Ms. Gonyer said this work is being done
under a temporary Emergency Certificate until a permanent system is done. Mr. Gallagher said the erosion
control should be maintained over the course of three years to prevent any erosion.
There were no public or virtual comments.
Mr. Gallagher made the motion to approve the proposed emergency water supply work at the Wading River
treatment plant under a public safety emergency declaration, plan "Attleboro Water Department Emergency
PFAS Design", with special attention paid to the erosion control between the concrete pad and the gravel
area.
Mr. Paten seconded the motion.
Motion passed 4-0-0 at 7:58 pm.
• Enforcement Order 505/509 West Street
Ms. Gonyer said an Enforcement Order was opened for 505-509 West Street. She said the two residential
properties are zoned for mixed use, where a landscaping company is storing equipment. She said they have
removed a lot of material from the backyard and refilled with rock within the 25-foot No Disturb Zone She said
work has also been done at 120 Forbes Boulevard so there are issues because this is private property. She said
they will have to do a full restoration, hire a wetland scientist and get an engineer plan for the next meeting.
No public or virtual comments.
10. Old Business:
Mr. Gallagher made a motion to approve the March 2022 Minutes.
Mr. Paten seconded the motion.
Motion passed at 8:02 pm.
11. Adjournment:
Motion to adjourn at 8:02 pm (Ms. Joynes/Mr. Gallagher). Motion passed 4-0-0.
The next meeting will be June 27, 2022.
Michael Healey, Chair
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