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HomeMy WebLinkAboutCONSERVATIONminutes09142009 Conservation Meeting September 14,2009 Present: Panl Boyden, Vice Chair; Carole Matthew; Michele White; Jack Smith; Colin Cauldwcll; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meeting called to order at 7:02 pm. 2. Lou Andrews -Discussion: Land Acquisition on Gilbert Street. Lou Andrews, president ofNRT discussed land on Gi]bert Street for conservation purposes. The parcels in question arc at the rear of the Gilbel1 Street propel1y. The Town of Mansfield owns parcels 4-], 4-]2, 4-17, 4-18 and 4-19, for a total of 89.7 acres. The owner of parcel 4-13, approximately 20 acres, is unknown. Several of the parcels abut the commuter rail. Lou Andrews talked with Shaun Burke about the South Coast Rail; there arc concerns the rail will go through the Great Woods propmty. Mr. Burke suggested that Conservation take over the land to prevent the rail going through Mansfield. The propel1y would be for passive recreation use. Lou Andrews is requesting the board take a look at the parcels. An at1iele would have to be placed for Town Meeting if the land is to be turned over to Conservation. Lou Andrews is also requesting Conservation put an easement on the property for NRT to provide additional protection for the land. Lou told the board it would require a 2/3 vote to pass. Board comments: Colin Cauldwell thinks it is a great idea. He would like to research the owner of the unknown land, parcel 4-13, so it can be included and go forward with the process of acquiring the land to preserve it for passive recreation. Carole Matthew and Michele White agreed with Colin. Elizabeth Leidhold, the new Conservation agent, said it would protect the wetland areas on the parcels. Colin Cauldwell made the motion to pursue the purchase of the land, to create a conservation area on the town land indicated on the map Jack seconded. Passed 5-0. Lou Andrews also wanted the board to know the bridge over the Rumford River off Judy's Lane is in serious trouble. The walking trails in this area arc in bad shape also. Mike Ahern will look at the bridge and trails. Discussion ended at 7:] 5 pm. 3. John Rothwell, 29 Mill Street Discussion Mr. Rothwell would like to buy and restore the house at 29 Mill Street, built in 1850. The restoration would be internally only. Paul has looked at the propClty. Colin said the wetlands are very close to the house. Mr. Rothwell told the board there are 2 rare species on the propel1y, I plant and 1 animal. Colin suggested if any work is done that an RDA be filed. Paul asked that Elizabeth look at the properly to determine if the RDA should be filed. Mr. Rothwell told the board he is a licensed builder, capable of the restoration project. Elizabeth Leidhold asked about the foundation. Mr. Rothwell said the foundation needs to be restored but the original footprint would be maintained. He came before the board to see if there were any restrictions 01' regulations he needed to be aware of before purchasing the home. The board would like Natural Heritage contacted about the species on the property; Elizabeth said Mr. Rothwell can file a request for this information. Jack Smith and Colin Cauldwell will look at the property. Discussion ended at 7:20 pm. 4, Nathan Meyers: Eagle Scout project update - Corporal Robeti Francis Hanly Memorial Park Conservation Area, Nathan and Kenneth Meyers were present. Nathan provided the board with a finished copy of his project. He gave the board a CD so maps of the trails can be printcd out as needed. Hc also gave the board copies of the signs used in the park. Nathan showed the board pictures of an area in the park where clay and cement pipes have been dumped into the wetlands. It was decided there would be more damage to the area ifthey were removed. Paul Boyden told the board the police department needs to be more active in the area. Mike Ahern told the board the Water Depatiment would like to prune the roadways and paths to fmiher compliment the work Nathan has done. He told the board the Fire Dcpartment has concerns about being able to access the area in case of an emergency. The work will be done by machine. Colin Cauldwell thanked Nathan for his work on the project; he said Nathan did a tremendous job. Mr. Meyers told the board his troop is looking for another scout project. He said the bridge off Judy's Lane has been looked at but it would be a major project. Discussion ended at 7:25 pm. I 5. Fait'field Green at Mlltlsfleld" #211"691. Bernie Raftery of Griffin Engineering Group, LLC was present. A complete Certificate of Compliance was issued in error on December 8, 2008; a patiial should have been issued because buildings F and G had not been completed. In addition, a report and photos were to be submitted to the board in the spring and fall of 2009 on the health and/or replacement of the replication area. The board had asked that the name of the contractor for the landscaping/maintenance and snow removal also bc submitted. 2 Mr. Raftery told the board all the conditions have been met: buildings F and G are now complete - in correspondence of December 9, 2008 to Michele Grenier he stated all units are ready to be occupied. He said the complex is now at full occupancy. Mr. Raftery told the board the replication area is doing well; the planted trees and shrubs appear to be healthy and growing. Any dead or dying plants will be replaced in the fall of 2009. He submitted photographs of the wetland and buffer zone mitigation. He gave the board the name of the on-site landscaping/maintenance person - Shaam Joseph. Paul Boyden asked Mr. Raftery to supply the company name. Mr. Raftery said he would make himself available for a site visit with Elizabeth Leidhold if she would like to look at the replication area. The board expressed concerned about snow storage on site; where would the snow be placed? Jack Smith will look at the site to make sure the snow isn't placed in an area of concern. Mr. Raftery will return with a follow-up report at the November 16,2009 meeting. Discussion ended at 7:40 pm. 6. Hatheway Patterson - Superfund Cleanup Project. Mike Ahern of DPW, Chris Turek, US Army Corps of Engineers, Gary Waldeck of Boston DEP and Dave Lederer of USEP A were present. The project is being funded with stimulus funding and overseen by the US Army Corps of Engineers. Dave Lederer told the board the project consists of excavation of approximately 31,000 cubic yards of material. Erosion control will be in placed before the excavation starts. The trailers to transport the contaminated soils to an off site location are in place. The site, approximately 38 acres, is located along County Street and is bisected by rail road tracks and the Rumford River. There are 36 +/- acres in Mansfield and 2 +/- acres in Foxborough. The Hatheway & Patterson Company operated a wood treatment facility, contaminating the site with chromated copper-arsenate (CCA), fluoro-chrome-arsenate-phenol (FCAP) salts, creosote and fuel oil Paul Boyden asked about any issues concerning Foxborough; Mr. Lederer told the board there are plans to pave the area in conjunction with the MBTA commuter rail station to provide additional parking -160 parking spaces. Dave Lederer told the board, as a comiesy, they wanted to come before Conservation to let them know about the project and to see if there were any questions or suggestions regarding the project. The project will start in 2 weeks and should be finished in I year; work will be done through the winter. Paul asked for the actual start date. Colin Cauldwell: the scope of work is just to remediate the chemicals in the ground through excavating and shipping the contaminated soil of site. The area will be restored by refilling, grading and seeding the area. 3 Colin asked if the area would be developed after the clean up. Dave Lederer told Colin all material removed will leave by rail and be replaced with clean fill. The arca will be left as open space or commercial property. A letter will be sent to the Selectmen to apprise them ofthe work. Paul Boyden asked if the project would affect the Rumford River. Dave Lederer told him an ecological assessment has been done. The full report can be viewed at epa.gov/ne/hatheway. He said all contacts for the project arc on this wcb site. He told the board that pcriodic samplings would bc done and a 5 year review will be required. Keith Magovern and Linda Magovern of 35 County Street in Foxborough were present. Linda asked about fencing on site. She was concerned the existing fence would not be replaccd and askcd that it be rcplaced with a stockade fence. Chris Turek told her the replacing of the existing fence had been discussed; thcre will probably be 2 fenccs, 1 in Foxborough for the T parking lot and one for the neighbors. Linda asked if a small parking spacc could be created for the sewer depmimcnt trucks at the FoxboroughlBristol County line. At this time, Paul Boyden asked if this could be discussed outside the meeting, since it was a Foxborough issue. Mary Steeb of 626 North Main Street, Mansfield, asked if there would be any impact to thc neighbors while the work is on-going. Davc Ledercr told her the first thing to bc done will be to remove the asphalt. Hc told her when the company abandoned thc site, a lot of raw chemicals were left behind. The contaminated site was paved over to contain the contaminates; this was supposcd to be a short term fix but it has now been 15 years. The asphalt will bc removed and temporary fences will be placed in the area to prevent anyone from entering the contaminated surface. Gary Waldeck told Mary Steeb DEP will be setting up air monitors around thc perimeter of the site as well as in the work zone. Chris Turck said thcre will be 24 hour on-site security while the work is being done. Therc will also be a full time project manager for the site. Jim Fraher asked where the contaminated soil will go. Chris Turek said the contaminates on sitc have not been identificd. The contaminates need to be identified because most facilities are licensed to take only certain types of waste. Dave Lederer said soil samples will be taken to identify the contaminates. Discussion ended at 8:00 pm. Mike Ahern asked if he could clear the roadways and paths in the Corporal Robert Francis Hardy Memorial Park Conservation Area, formally Maplc Street Park. Elizabeth will write him a lettcr giving him permission to further cut/prune the roadways in the park to make the area more accessible to cmergency vehiclcs. 7. Certificate of Compliance: 905 South Main Street, William Richard- #211-655 and #211-724. Attorney Ed Valanzola, representing William Richard, was present. There are no outstanding issues with the propeliy. The Engineering Depaliment has written a letter, dated September 2, 2009, stating they are satisfied; all issues have becn resolved. The Building Inspector has issued a final Celiificate of Occupancy. Colin CauldweIl made the motion to issue Certificates of Compliance for 905 South Main Strcet, DEP #211-655 and #211-724. Book 7669 and Page 343. Carole Matthew seeonded. 4 Passed 4-0. Jack Smith abstained. Hearing ended at 8:05 pm. I 8. Request for Determination of Applicability: Jlllie Freshman, Resource Controls for Verizon. Julie Freshman, an environmental consultant with Resource Controls, working on behalf ofVerizon was present. Paul Boyden, Vice Chairman, told Julie Freshman the new agent, Elizabeth Leidhold would like to view thc locations for thc installation of underground utility conduit before any work begins. The Rcquest for Determination of Applicability was filed for the installation of underground conduit (FIOS) to existing underground tclcphone utilities, a p0l1ion of the work within the buffcr zones to jurisdictional resource areas, including wetlands, rivcrs, perennial and intcrmittent streams. Trench excavations would be to a dcpth between 12-14 inches. A mini cxcavator with a narrow one foot bucket would be used. All trenches will be backfillcd on the same day as installation of the conduit. These areas will be loamed and seeded 01' mulched within one week of the installation of the conduit. Any excavated asphalt would be rcmoved to an off-site location. Julie Freshman has put together a town-wide map showing the work areas; over 100 streets are involved. She prcsented a street list; strccts in red fall within the jul'isdiction and correlate to those on the detailed map. The II x 17 detailed plan shows how close in proximity Vcrizon will be working to thc resource arcas; the black lines designate all work arcas and the red highlighted arcas are the arcas that fall within conservation jurisdiction based on the buffer zoncs of resourcc areas - 200 ft. for Rivcrfront and pcrennial streams and 100 ft of all other resource areas. Due to the limited nature of the work within the 200 ft. Riverfront and perennial streams and 100 ft. of all other resource areas, Julie Freshman is requesting the erosion control requirement be limited to the proposed work areas that fall within the 50 ft. resource area buffer zone. Elizabeth Leidhold asked if it was the 50 ft. of the perennial stream 01' 50 ft. of bordering vegetated wetlands. Julie Freshman said the erosion control will be placed where the excavation is within 50 ft. of a resource arca; she told the board Verizon only wants to place erosion control on rivers and streams that are within the 50 ft. area. Julie Freshman told the board she has done limited ficld inspections on all the arcas to verifY the GIS data, to be sure it is accurate. Carole Matthew question Julie about Pattys Road; she told her the area is very wet and in a rare spccies area. Julie will go back and look at the area with Elizabeth Leidhold. Paul Boyden asked her to provide details for thc trenches; what side of the road will they be on. Paul Boyden asked Julie Freshman what her role was concerning this project; if therc were any issues 01' problems with the project, who would be contacted? Julie told him she is helping Verizon with the wetland permitting process. Michael Bergcron ofVerizon told the board he would be thc contact person. Colin Cauldwell said Verizon will have to coordinate the project with Elizabeth Leidhold, providing Conservation with a schedule of work and contact the agcnt when the erosion control is in place for inspection. Michael Bergeron told the board thc next step is a utilities review with DPW. Conservation would like to be at the meeting. 5 Elizabeth Leidhold asked about the erosion control devises to be used. Julie Freshman said it would be silt fence with hay bales. Colin Cauldwell told Julie the erosion controls must be left in place until the work is completed and the areas re- established. Colin Cauldwell asked about the work time frame. Michael Bergeron said he hoped the work would be stmied next year, to bc completed within 4 years. Michele White said the board should note the areas where the work is going to be done velY well. If for some reason the line has to be moved from one sidc of the road to the other, there are a number of sites where the work would come within 25 ft. of a resource area; some might fall within the 100 ft. of potential vernal pools and some are wetland lines. She felt Conservation should stay on top of any changes to the work areas or sides of the road where the line is going to be installed. Julie told the board there might bc changes based on the mecting with DPW. Colin Cauldwell askcd that the agent be notified of any changes and that the changes be noted on the plans. Colin Cauldwell made the motion to enter an RDA for Verizon for the installation of underground telephone utilities within thc buffer zones of jurisdictional rcsource arcas throughout various locations in the Town of Mansfield and issue a Negative 3 Determination with thc following conditions: silt fence/hay bales are to be installed in jurisdictional areas in accordance with the detail provided by the Conservation Commission - 50 ft. beyond the resource areas, not the 100 ft. buffer - and must be inspected by the Conservation Agent; any changes in work locations other than indicated in this application, e.g. different sidc of the street, the Commission or Agent will be contacted for their input; applicant will contact the agent to coordinate the viewing of the various excavation areas throughout the town - Pattys Road to be addresscd when agent has viewed the excavation areas with Julie Freshman; submit a finalized, updated plan. Carole Matthew seconded. Passed 5-0. Hearing ended at 8:30 pm. I 9. Route 140 at 1-495 Southbound On-Ramp - #211-0836 Maryann Magner, Senior Environmental Planner, Heather Fuller, Senior Project Engineer of Jacobs and Erin Remillard of Mass Highway were prescnt. The Notice of Intcnt was filed to construct a new southbound on-ramp extending from Route 140 to 1-495. Route 140 would bc widened to add an additional southbound lane. The existing 1-495 southbound off-ramp and the cxisting nOlihbound on-ramp would be widened to provide a two-lane right turn and left turn lancs. The 140 southbound lane and the 1-495 southbound and northbound ramps would be signalized. Wetland resources within the project area are the Rumford River, Back Bay Brook, an unnamed brook and an intermittent strcam. The Rumford River and streams flow into the Notion Reservoir to the south. The Great Woods Conservation Area, west ofthc project, will not be affected. The Canoe River Aquifer, nOliheast of the project will not be affected. Heather Fulllcr told the board the slope for the southbound on-ramp, adjacent to the wetland resources will be constructed at a slope (steepened) of 1.5 to I with a rock face to minimize wetland impacts. There will be 3, I 00 sq. ft. of impacts to BVW to construct the embankment for the ramp. Approximately 3,700 sq. ft. of wetland replication is proposed. The existing roadway drainage system collects runoff with catch basins and discharges to 2 concrete swales and then to the adjacent wctlands and streams. The proposed drainage systcm will be deep sump catch basins, biofilter swales, and an infiltration basin which will collect runoff. The treatcd water will then discharge into the wetlands, ultimately flowing 6 into the Norton Rescrvoir. The existing concrete drainage swales will be removed. The drainage system will comply with the current stormwater regulations. Headwalls for the intermittcnt stream and the unnamed brook will need to be extended to accommodate the embankment for the ramp. The headwalls arc of standard design. Maryann Magner told the board an Environmental Monitor, independent of Mass Highway and approvcd by the Conservation Commission will bc on site, making all field decisions. The monitor will work c10scly with Elizabeth Leidhold to make sure thc rcplication is built correctly, meeting existing grades. The site is not within a Priority or Estimated Habitat. NHESP does not have any rare spccies concerns with thc site. A lettel' from the Division of Fisheries and Wildlife, dated August 18, 2009, was read. It was suggested that Amanda Veinottc of NHESP bc contactcd. A letter, dated August 26, 2009, to Secretary Ian A. Bowles, Executive Office of Environmcntal Affairs from Jennifer Carlino, thc Conservation Agent for NOlton, MA was presented regarding Jennifer's comments on the ENF filed for the project; she is conccrned about the headwalls, thc wetland replications and thcre are no contour elevations on the plans. Maryann Magner told the board she has seen Jennifer's letter; she will write a rcsponse to Jennifer's comments. Elizabeth Leidhold asked if the wctlands were dclineated in an ANRAD filing. Mmyann Magner said the wctland delineation was done by Sabatia, Inc. (June 21 and 22, 2007). Becausc this is the first time Conservation is looking at thc wetland delineation, Elizabeth will need to go on site. Elizabeth also asked that Rick Alves, Scnior Enginecr, review the storm water management. Colin Cauldwcll: "When you move the culvclts you losc bank; why do you not have to replicate the bank?" Mmyann Magner told him it was lookcd at and discussed and Pat Crowley, drainage engineer, concluded that to replicate this area would be more destructive because curbs would have to be put in the wctlands - it would be of no benefit. Colin asked hcr how many fcet would be impacted. Shc said 34 ft. (17 ft. x 2) of the unnamed brook becausc the culvert would bc extcnded. Approximately 10 ft. of bank of the intermittcnt stream would be impacted. Maryann Magncr will call El izabeth on Monday to set up a time for a site walk. Colin Cauldwell made the motion to continue to September 28, 2009. Passed 5-0. 10. New Busincss: Request for Proposal for a Rare Spccies Habitat Assessmcnt for the Bird Road Sub-station project (#211-0829) - letter dated August 17, 2009. Colin Cauldwell made the motion to hire Swampwalkers as per the submittal of thc quote for a Rare Species Habitat Assessment. Carole Matthew seconded. Passed 5-0. Gary Babin is to be contacted. Elizabeth Lcidhold will contact Swampwalkers. Issuancc of a revised Certificatc of Compliance for Edgewood Condominiums at 6 Erick Road off Stearns Avenue: Colin Cauldwellmade the motion to reissue a Certificate of Compliance (original dated 5/18/1995) for DEP #211-158, referencing Book 2976 and Page 303. 7 Jack Smith seconded. Passed 5-0. 25 Keefe Street: a lot of activity on propclty; owner has removcd an old barn to build a garage within the 100 ft. buffer of wetlands. Colin Cauldwell has been to the property and has spoken with the owner; the owner told Colin he would do whatever needs to be done to correct the situation. Nick Riccio, the Building Inspector, is to be notified so no permits are issued. Elizabeth will call the owner. 11. 69 King Street, Michael Donovan, Fidelity Joint Ventnres, Inc. #211-0834 Michael Donovan of Fidelity Joint Ventures, Inc. and Ralph Maloon of RIM Engineering were present. Colin Cauldwell told Michael Donovan the silt fence is still installed incorrectly; it should be re-installed, it is of no value as is. The grading is below the flood plain by 24 yards. Jack Smith will ridc by tomorrow to take a look at the propeliy. Michael Donovan asked to have the Order of Conditions issued tonight. He was told a partial Certificate of Compliance (COC) will be issued; a complete COC can not be issued until the grass has been established. The deed restriction will include the following: , An as built, with celiification of elevations, signed and stamped by a Professional Land Surveyor, be required before an occupancy permit or celiificate of compliance be issued. o Flood insurance would be required. . Based on a FEM 1 OO-year flood elevation of 172,7 feet, only the first floor ofthe house would be above the 100- . year flood elevation. . The entire lot would be flood except for the house footprint if the 100-year flood elevation is reached. , No space below the 100-year flood elevation can be convetied to living space. , No equipment, appliances or storage is to be maintained below the I OO-year flood elevation, excluding the , propane tanks. , No outside structures, above-ground pools or items that would decrcase the available flood storage volume would " be allowed. . No trees, brush or vegetation can be removed; tree pruning of a safety nature only will be allowed with the o approval of the conscrvation agent/Commission. . No synthetic herbicides, pesticides, fungicides or fertilizers can be used. Only organic products may be used. . No motorized vehicles except on the paved driveway. . No gardens, retaining or stone walls to the rear of the house. . No structures such as additions, decks, sheds, fences, pools (in-ground or above-ground) tree houses, patios or , temporary structures. Colin Cauldwell made the motion to issue an Order of Conditions for 69 King Street, #211-0834 with the following conditions: applicant has to bring the lot back to original flood plain; a 5 ft. high chain-link fence will be placed on the 50 ft. line - fence will have a 10 ft. clearance along the structure (house); signs reading "Environmentally Sensitive Area-Do not Disturb" will be taken from posts on the 25 ft. line and placed on thc new fence; revised plan of work will be submitted with the fence location and referencing the type of grass seed and plantings to be used - to be detcrmined; thc 8 deed restriction will be referenced in the Order of Conditions (OC) with a copy attached to the OC; a copy of the September 9, 2009 memorandum from Rick Alves, Senior Engineer is to be attached to the OC; a complete Certificate of Compliancc (COC) can not bc issued until all new vegetation is established. Michele White seconded. Passed 5-0. Michele White feels an upland mix will be sufficient; she does not fcel a wetland mix will grow in this area. Ralph Maloon also did not think the wetland mix would grow well in this area because thc sitc is wet. Jack Smith suggestcd a perennial rye be used. A final decision will be made after Elizabeth Leidhold has review the file and has checked the site. 23 Lakeview A venue, Catherine Memory - #211-0780 - Continued to September 2Stl'. Medline: Rick Alves, Senior Engineer, said the swale is functioning at about SO %, much improved from the last visit to the site. Mansfield Crossing Mall, School Street. Ann McMenemy called to ask for a Certificate of Compliance (COC) for this project. Paul Boyden spoke by phone with Ann in regards to the COCo He told her there are (2) two lots remaining to be built. Both are adjacent to wetlands. He told her the board would issue a partial COC, excluding these (2) two parcels. He would like to review the original orders -landscaping, pond, cleaning of catch basins, snow removal areas, etc. In reviewing the file, it was discovered the Order of Conditions expired on December 13, 200S. A deed restriction (special condition #24) was also to be submitted and recorded prior to an occupancy permit or the COC being issued. I 8. Adjournment Motion to adjourn at 10:00 - Cauldwell1Matthew. Passed 5-0 Next meeting will be September 2S, 2009 at 7:00. Q~ Joseph Mu kern, ChaIrman d",~ /.2 - f,.f.O; Date 9