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HomeMy WebLinkAboutCONSERVATIONminutes10192009 CONSERVATION MEETING OCTOBER 19, 2009 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Jack Smith; Colin Cauldwell; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner 11. Meeting called to order at 7:00 pm. I 2... Josh Lambron Eagle Scout Project - YorkConsenrationArea Continued to November 16, 2009 I 3. Wetland Violation - 166 Dean Street. JoAnn Kahn and Dwayne Olsen, the homeowners were present. A letter was sent October 5, 2009 - the homeowner had cut trees and shrubs within the bordering vegetated wetlands abutting Kingman Pond Dam. Violation was found by Rick Alves, Senior Engineer for the Town of Mansfield during a routine inspection of the dam. JoAnn Kahn told the board she had purchased the home in August and was trying to clear the property of poison ivy. Mr. Olsen said he had removed dead branches and brush; the branches and brush had been piled on the bank of the dam. Mr. Olsen said everything has now been removed from the dam and been chipped. Colin Cauldwell explained the Town of Mansfield has a 25 ft. no touch area. If you are within 100 ft. of a swamp, pond, lake, river or stream you have to check with Conservation before any work is done; tree removal, additions, etc. Ms. Kahn asked how they could get rid of the poison ivy; it is all over the dog and they plan to have kids. Paul Boyden suggested they meet with Elizabeth. Elizabeth will meet with Ms. Kahn and Mr. Olsen to discuss a restoration plan. Elizabeth said the restoration plan can include invasive species management. The plan must be submitted within 30 days. Planting should take place in the spring of 2010. Colin Cauldwell made the motion that Ms. Kahn and Mr. Olsen meet with Elizabeth for review of a restoration plan for the removed vegetation at 166 Dean Street; pian to be submitted in 30 days. Derek House seconded. Passed 7-0. Hearing ended at 7:10 pm. I 4. Certificate of Compliance: Lisa and George Chalifoux, 49 Jake's Way. Lisa and George Chalifoux, the homeowners were present. Paul Boyden did a site inspection - the grass is well established. The homeowner was told they could remove the silt fence and hay bales. Colin made the motion to issue a Certificate of Compliance for 49 Jake's Way - DEP #211-0825 Jack seconded. Passed 7-0. Hearing ended at 7:15 pm. I 5. Request for Determination of Applicability: Charlotte Kreutzer! 70-72 High Street. Request for Determination of Applicability was filed for the removal of treesf pruning vegetation and updating the landscaping within the inner riparian zone of the Rumford River. Charlotte Kreutzer was unable to attend tonight's meeting. She requested a continuance to November 16, 2009. The applicant asked if she could remove some branches before the hearing and Elizabeth told her she could. 6. Request for Determination of Applicability: Alexandria Real Estate Equitiesf Inc.! 130 Forbes Boulevard. Tom Andrews, Regional Market Director of Alexandria Real Estate Equitiesf Inc. and David Mackwell of Kelly Engineering Group were present. Request for Determination of Applicability was filed to discuss the feasibility of expanding the existing parking area within the 100 ft. buffer of bordering vegetated wetlands. Tom Andrews told the board Alexandria Real Estate Equities, Inc. acquired the property in 2006. The building was built in the 1970's as part of the industrial park. The present tenantf Smith and Nephewf have been in the building for 20 years. The building was been expanded In 2000 to approximately 97fOOO sq. ft. of floor area. Smith and Nephew's lease expires in 2011 and they would like to stay in the building but their parking needs now exceed the available spaces on site and they wouid like to explore the possibility of expanding the parking lot. PresentlYf some cars are being parked on an adjacent parcel. Dave Mackwell told the board wetlands surround the rear of the parking lot. All wetlands have been identified by Eco-Tec, Inc. Mr. Mackwell said a portion of the expansion will be within 25 ft. of some existing drainage channels. He wanted to know If it was possible to receive a waiver from the 25 ft. regulationf with the hope of making improvements within the parking lot. The applicant would make improvements to the stormwater management and protection of the wetlands; catch basin to catch basin connections could be eliminated, at least 1 point source discharge where the drainage system for the parking lot flows directly into the brook would be improved. Improvements to the recharge capability on site could also be done. Presently there is no operation and maintenance program. Mr. Mackwell would like to work with Conservation and obtain some relief from the local by-law and working within the parameters of the Wetland Protection Act so work can be done within the 25 ft. no touch area in exchange for upgrades not only within the buffer zones but out of the buffer zones as well. A full wetland evaluation has been done. 2 Elizabeth has no issues with the delineation - the flags look good. She did notice that leaves and grass clippings have been pushed into the wetlands. She told the applicants that any work being done would require improvements in the stormwater management - maybe stormceptors. She said under section 2.5 of the Mansfield By-law, there are only 2 activities that might be what is being proposed: 1.) "work on existing commercial or industrial facilities that have a de minimis impact to the wetland resource area and its function and value" or 2.) "installment of drainage outfalls". Elizabeth does not see where the waiver could come from. She told the applicant they must comply with the by-law and stormwater regulations; the stormwater would have to be upgraded. She told David Mackwell if there is discharge into the wetlands, it has to stop. Elizabeth told the board this is simply an RDA filing so the board will vote for a positive or negative determination. She asked about elevated parking and Dave Mackwell told her it is not feasible; work would still be in the 25 ft. no touch area. Colin Cauldwell asked how many spaces Smith & Nephew is looking for. Mr. Mackwell said they are looking at 20 to 30 additional spaces; there is room for 60 spaces but not all need to be constructed; areas on plan are not necessarily where spaces would be added. Colin Cauldwell asked if the required spaces could be added without encroaching on the 25 ft. line. Elizabeth asked if the applicant had explored other lots in the industrial park for parking needs. Tom Andrews said they have but wanted to see first if the present parking area could be expanded; he wanted to receive a waiver from the 25 ft. in exchange for improvements to the stormwater and better protection for the wetlands. Colin Cauldwell said the applicant should present a Notice of Intent (NOl) and the board will submit the NOl to town council for a ruling. Carole referenced a letter dated December 4, 2002 from Robert Mangiaratti, Town Council, concerning Sections 2.1, 2.3, 2.4 and 2.5 in the by-law, regarding work allowable in the 25 ft. area. She told the applicant the board has never allowed a waiver from any provision of the by-law. Paul Boyden and Derek House agreed. Michele White said the board can sign off on the wetland line; this would fall under the Wetlands Protection Act and the by-law and the applicant would have to file a Notice of Intent Elizabeth recommends issuing a positive determination, requiring the applicant to file a Notice of Intent. The applicant would then have to show the board how they can comply with the state wetland protection regulations and the town's by-law. Colin made the motion to approve the wetland line at 130 Forbes Boulevard. Carole seconded. Passed 7-0. Hearing ended at 7:40 pm. I 7. Request for Determination of Applicabiltiy: Diane Martin, 18 Barbara Road. Michael Trowbridge of Hutchins-Trowbridge Associates, Inc. representing Diane and Robert Martin, the homeowners Request for Determination of Applicability was filed for a septic system within the 100 ft. buffer of bordering vegetated wetlands and within the 200 ft. Riverfront, the Rumford River. 3 The system has failed; this is a repair. Percolation tests were performed, soils are excellent,S ft. above groundwater. Michael Trowbridge told the board the system was designed so it is as far away from the wetlands as possible; 58 ft. from the edge of any wetlands and as close to the northerly lot line to have the least amount of impact on the wetlands. The plan has been approved by the Board of Health. A siltation control barrier will be instailed in the back yard. Elizabeth said there is quite a steep slope along the back part of the yard. Michael Trowbridge said there is a 10 ft. drop. Elizabeth would prefer to see staked hay bales along with the siltation fence. Colin Cauldwell moved to approve the plan as drawn, dated September 23, 2009, for 18 Barbara Road with the exception of staked hay bales used to toe-in the silt fence. The Conservation agent shall be called for inspection and certification of the hay bales/silt fence before any work begins. The erosion control must remain in place until area has been stabilized. A Negative 3 Determination will be issued. Jack Smith seconded. Passed 7-0. Hearing ended at 7:45 pm. 8. Abbreviated Notice of Resource Area Delineation: Youth Soccer Association, 50 Plymouth Street - #211-0837. Robert Weidknecht and John Thomas, Jr. of Beals and Thomas, Inc. were present. Also present were Kelly Kemp and Kent Bongarzone of Mansfield Youth Soccer. The ANRAD was filed to confirm the wetland boundaries on the western side of the property and also what has been determined to be a detention basin established when the fields were originally constructed that has turned into a wetland system itself based on vegetation and soils. The detention basin is fed by run-off from the fields. Hodges Brook is on the eastern side of the property and an associated wetland that goes into Hodges Brook, probably fed by ground water. This area is also listed as a potential vernal pool on the Mass GIS. Wetland boundaries have been fiagged. During a site visit, Elizabeth had asked for changes in the delineation; behind the concession stand and bank flags 10-14. The bank flags have not been changed. The board voted 7-0 to designate the detention basin turned wetland a detention basin only. Colin Cauldwell made the motion to approve the wetland delineation, revised pian dated October 16, 2009, except for flags as noted; bank flags 14-10 along Hodges Brook. A plan is to be submitted with corrected delineation. The potential vernal pool on site shall be determined in spring 2010 as to whether it is in fact a vernal pool. If determined to be a vernal pool, it will then be certified. The detention basin noted as BVW B will be considered a detention basin not a wetland. Derek House seconded. Passed 7-0. Hearing ended 8:15 pm. I 9. New Business: 4 The Commission needs to schedule an end-of-season site walk for the Little League Fields off otis Street to make sure they do not require any clean-up or maintenance. Peter Smith has been e-mailed concerning the addendum to the Little League contract. Joe Mulkern will handle this. Colin Cauldwell and Paul Boyden had asked Mike Ahern, Public Buildings/Special Projects Manager, to evaluate the pedestrian foot bridge located off Judy's Lane. The bridge is in very poor condition. The structural integrity is questionable. The bridge has now been closed off to foot traffic - signage has been posted and wood barriers have been placed at either end. A summary of Mike Aherns observations, pictures and a proposal of work to be done along with an estimate of the costs associated with the work was presented. A structural engineer would have to be hired to design the bridge to meet new building code requirements. Colin Cauldwell suggested contacting NRT for a donation towards the cost of the replacement. Mike Ahern was also asked to look at the abandoned well on the Codding property in the Great Woods. The well is not covered at this time. The board received copies of the proposal done by Swampwalkers for a Rare Species Habitat Assessment for the Bird Road sub-station project - DEP #211-0829. As part of the RFP, Swampwalkers is supposed to come before the board to discuss the report. The board will review the report and Mark Grgurovic will be asked to the November 16, 2009. 110. Old Business: Mass Highway Southbound On-Ramp. DEP #211-0836. Maryann Magner, Senior Environmental Planner and Heather Fuller, Senior Project Engineer of Jacobs and Erin Remillard of Mass Highway were present. Maryann Magner gave a brief review of the project; Mass Highway will be constructing a new southbound on-ramp from Route 140 to 1-495. Route 140 would be widened to add an additional southbound lane. The existing 1-495 southbound off-ramp and the existing northbound on-ramp would be widened to provide a two-lane right turn and left turn lanes. The 140 southbound lane and the 1-495 southbound and northbound ramps would be signalized. Due to the impacts to BVW to construct the embankment for the ramp, approximately 3,700 sq. ft. of wetland replication is proposed. The first hearing was held on September 14, 2009. A site walk was done on September 21, 2009 with Elizabeth, several members of Mass Highway's Boston office and the district office. On October 6, 2009, a meeting was held with Elizabeth, Rick Alves, Senior Engineer for the town and Shaun Burke, Town Planner; comments from DEP and other agencies involved with this project were discussed. A revised plan was submitted on October 13, 2009. Because of the extension of the culvert on the unnamed brook, approximately 3,100 sq. ft. of BVW will be impacted. Approximately 3,700 sq. ft. of wetland replication is proposed. 5 All comments from last meeting regarding the stormwater reports have been accepted and incorporated. No plans have been submitted because revisions are still being made. Maryann Magner said a revised plan will be submitted October 23rd. Bordering Land Subject to Flooding:: Maryann Magner told the board Fema maps, dated 7/7/2009; were checked; the flood plain is contiguous with the wetland area. There will be no impact. Riverfront impact mitigration with unnamed brook; 33,400 sq. ft. of riverfront total - you can impact 10% without mitigating. 11,930 sq. ft. of impact because it is redevelopment. 8590 sq. ft. required mitigation within the brook. If you are on-site, mitigation is 1:1 for a total of 1,700 sq. ft. If you are off-site, the mitigation is 2: 1, a total of 6,890 sq. ft. The unnamed brook within the Riverfront Area is in good shape except for a small portion of the land to be taken by the state. There is construction debris - wood and asphalt - in this area and trees and vegetation This area will be cleaned up; construction debris and trees and vegetation will be removed and replicated at 1:1. Approximately 6,890 sq. ft. of Riverfront Area will need to be replicated off-site at a ratio of 2:1. Houses in this area will be demolished and the pavement removed. The upper portion of this area will be landscaped. Mansfield Airport has approached the applicant about restoring a section of the Back Bay Brook that runs off the end to the runway. Approximately 130 linear feet of bank would be regraded, reducing the slope and the area re-vegetated with plantings of higher value wildlife shrubs. This is an area of the airport that has to be maintained low for safety. - shrubs will not be higher than 2 ft. This would be proposed for the Riverfront mitigation. Maryann Magner told the board she will be meeting with the Airport Commission on November 5th for approval. If Mansfield Airport approves, Heather Fuller suggested the replication be at a ratio of 3:1. Elizabeth asked if Maryann Magner and the board were aware that some of the Airport Commission want to culvert the stream at the end of the runway. Maryann Magner told the board they would not proposed to culvert the stream as part of the restoration, only the stabilization of the bank and the plantings. The board asked if Maryann Magner had checked with DEP to see if the off-site mitigation would be acceptable. She said she has spoken with Derek Standish at DEP and he agrees with this mitigation plan. The plan would need approval from the board. Elizabeth spoke with Shaun Burke about an area on the Back Bay Brook, the canoe launching area to the north of the reservoir, land owned by the town. He suggested this area as a possible mitigation site. Maryann Magner asked if this is a bank that needs to be restored. Paul Boyden said it is an area that should be looked at; the bank needs to be reshaped/restored. Maryann Magner told the board all of the comments made by Norton's Conservation Agent, Jennifer Carlino, (letter to Secretary Ian A. Bowles, dated August 26, 2009) have been responded to. Elizabeth asked about the monitor for the project; the monitor answers to the resident engineer. She told the board they might want to hire a monitor or have Mass Highway's monitor answer to the Commission; dialog should not stop at Mass Highway's monitor and site engineer. Maryann Magner said the language will be revised to read the monitor reports to the Conservation Commission. 6 Elizabeth would like to see regular monitoring reports and/or inspections. A monitoring schedule should be set up with the Commission; the monitor will report to the agent. Colin Cauldwell told the applicant a planting plan must be submitted before approval by Conservation. Elizabeth also asked that planting plans for the wetland replication areas be submitted. Maryann Magner said she would develop planting schemes for both areas. Elizabeth told Maryann any fertilizer used on site must be approved by the board - the type and the amounts to be used. Elizabeth would like more information on the bank issues. Elizabeth also told Maryann that Rick Alves still has not received an updated plan and drainage calculations showing the project has met the Stormwater regulations. Maryann Magner asked if it would be possible to work through some of these things before the next meeting. Construction is to start next spring. Catherine Memory, 23 Lakeview Avenue. DEP #211-0780. Hearing continued from August 24, 2009. Attorney Mark Antine, Catherine Memory and Michael Trowbridge of Hutchins-Trowbridge Associates, Inc. were present. Attorney Antine sent copies of all documents related to 23 Lakeview Avenue on September 10, 2009, including photos, copies of the Notice of Intent, Order of Conditions, Enforcement Order and the request for a Certificate of Compliance. At the August 24th meeting, Michael Trowbridge of Hutchins-Trowbridge Associates, Inc., was asked to develop a plan with elevations and the square footage of the patio area. 3 new pictures taken by neighbors were presented at the hearing. Mrs. Memory was asked to explain the pictures. She told the board one of the pictures was taken prior to construction; one picture showed the trees being trimmed or removed (one tree was leaning against the house and was removed along with a dead tree). A picture showed the excavation ofthe property and another showed the original house with the stairs and retaining wall. One of the pictures has a note attached stating Mrs. Memory built the patio herself; she told the board she did not. Mrs. Memory told the board the addition followed the plot plan and followed ZBA regulations and she was issued a building permit. Paul Boyden told Mrs. Memory the plan submitted to the Building Department was not the plan given to Conservation; the former agent signed off on a plan with the addition minus the stairs on October 1, 2007. Mrs. Memory told the board she had work closely with Nick Riccio, the Building Inspector, throughout the project. Paul Boyden said Nick Riccio told him he told Mrs. Memory to "go back to Conservation and ZBA with these plans". Attorney Antine questioned Paul's meeting with Nick Riccio outside the normal meeting process. Attorney Antine said in a hearing process, information is brought to the hearing and if there are comments by the Building Inspector or whatever other officials there may be, you have to hear this in the hearing process. 7 Otherwise "we don't know what anything is about because the building inspector is not here". Joe Mulkern said the board could ask Nick Riccio to come to a hearing Attorney Antine: "When we are handed photographs that we have never seen and we are asked about them, how can we answer you?" Mrs. Memory: "When we had to go back to the ZBA, I talked with Nick Riccio and then I met with Michele Grenier in the office to tell her that I needed to return to the board and asked her how to go about it and she told me it would not be necessary to file and not necessary to meet but she encouraged me, she actually helped me with the wording to go to ZBA." Michele White: "She was told to come back but the agent said no." Michael Trowbridge: "For the record, the set of stairs actually were shown on the architectural plans that were submitted to the ZBA". Derek House said he attended the ZBA meeting and they were on the ZBA plan but ZBA does not look at the 25 ft. buffer. Michael Trowbridge said the Conservation by-law has nothing to do with the building department or ZBA. Paul Boyden asked Michael Trowbridge to explain the elevations. He is concerned about the amount of fill brought in. Michael Trowbridge asked how they could move forward. Mrs. Memory asked what the options are. Elizabeth asked if there were any plans showing pre-existing contours. Michael Trowbridge said they are on file, submitted with the original Notice of Intent. Colin Cauldwell and Jack Smith visited the property on August 25th. They felt there was not a lot of grade changes and estimated 10 inches of fill had been added. Colin Cauldwell said he did not see any grading changes around the tree root structures. Elizabeth commented that the old plan shows higher elevations then the existing plan. Michael Trowbridge said the elevations are not complete, that the plan shows only what the board asked for at the last meeting. Elizabeth suggested permeable pavers be used in place of impervious pavers and mitigation plantings along the bank. She told the board a soil scientist can determine how much fill was actually on site and the amount of new material. She said the board is concerned about the run-off from the patio going Into the lake. Michael Trowbridge suggested a stone trench on the down hill side. He submitted a revised plan, dated September 28, 2009, showing the trench. Mrs. Memory told the board she had planned to plant but stopped when the enforcement order was issued. She would like a list of appropriate plantings. Joe Mulkern asked for comments from the board. Jack Smith suggested one more trench and add the plantings. Derek House and Carole Matthew had on comment at this time. 8 Colin Cauldwell thought the stone trench was a good idea and that the plantings should be done in conjunction with the agent. He would like the pressure-treated material used on the stairs leading down to the water removed; a composite material should be used to prevent hazardous chemicals - chrome, chlorine and copper - from leaching into the lake. He asked that the steps, not the framing, be removed. He would like to resolve the situation tonight. It has gone on far too long for both sides. He said after everyone has commented, he would like to make a motion. Carole Matthew said, as the agent, Michele Grenier acted independently of the board and the by-law when she gave Mrs. Memory permission to do the work. The board can't go by a verbal ok. She is concerned about future projects Paul Boyden said he can not accept the elevations based on what the pictures show. Michael Trowbridge said he would be glad to go out to the property with Paul. Joe Mulkern said it has gone on long enough but he is concern that changing anything now is just going to disturb the property further. He said he agreed with Elizabeth's suggestions and Michael Trowbridge's ideas _ the trenches and plantings. He would like to resolve the issue but another site visit might be a good idea. Michele White thought the stone trenches were a very good idea for this particular yard. She thought it would go a long way to support any mitigation plantings she believes the board should require for reducing any flow there might be from the patio and catching any debris from the patio. She would support the stone trenches and the plantings. Charles Silvia, 5 Lakeview Avenue, told the board anyone living on the lake knows there is a 25 ft. no touch area. Edward Verocchi, 27 Lakeview Avenue asked about the septic system work; was the septic permit signed off on. He told the board Mrs. Memory was allowed to do a project (the septic system) in her front yard that improved her property. Because the grade in the front yard is higher than the right-of-way, the new septic system has negatively impacted others; surface water now drains directly on the neighbors properties. Mr. Verocchi was told this area would be looked at when Paul Boyden and Michael Trowbridge do another site visit. He also questioned whether it was all right to have an excavator/bobcat near the waterfront. Dr. Daniel R. Burke of Boston, Nancy Wall, West Street and Bob Freidkin of 51 Lakeview Avenue were also present in support of Mrs. Memory. Colin Cauldwell made the motion to issue a Certificate of Compliance for 23 Lakeview Avenue with the following conditions: infiltration trench to be dug adjacent to the patio area to prevent water from swaling off the patio into the pond; plantings are to be done - plantings to be authorized by the Conservation Agent; pressure-treated decking (stairs) is to be removed and replaced. Jack Smith seconded. Motion failed 4-3 - Denied: Derek House, Paul Boyden, Carole Matthew, Joe Mulkern. Approved: Jack Smith, Colin Cauldwell, Michele White. Attorney Antine asked about setting up a time for Michael Trowbridge and Paul Boyden to visit the site. 9 Mrs. Memory asked what else the board would require besides the site visit to bring closure. Elizabeth said more elevations are needed. The elevations are not consistent, they are actually lower than the elevations from the septic plan. Michael Trowbridge invited everyone out to the site when he shoots the elevations. Joe Mulkern would like to wait for more information about the elevations. He told Mrs. Memory there are 2 choices: tear the patio up to bring it within code or allow them to do the mitigation plantings and the trenches. He asked if the board would like to make a motion. Jack Smith: "You would make more of a mess going out there and tearing it all up. Doing the trenches and plantings makes more sense then going out and destroying everything./I Derek House: "If someone across the pond decides to do the same thing and comes before us and says they didn't know, then the board would have to say go ahead, keep it./I Colin Cauldwell: "If they build anything without the proper building permit, zoning or conservation, then they are in violation. They have to rip it out. She (Mrs. Memory) was issued a building permit on the basis that conservation signed off on it. Derek House said the building permit never mentioned anything about a deck or any work out back. "What is to stop someone else from saying the former agent told them they could do it./I The board decided to continue to November 16, 2009. Attorney Antine asked to be put on the agenda first. Colin Cauldwell made the motion to continue the hearing to November 16, 2009. Paul Boyden seconded. Passed 5-2. 111. Correspondence: Lester Epstein, Maple Street - Map 40, Parcel 92 Vernal Pool Restoration. A letter, dated October 1, 2009, was received from Brandon Moss concerning the court case. A pretrial conference was scheduled for October 5, 2009 and has been taken of the court docket for 60 days. A letter will be sent to Attorney Richard Nylen letting him know that Mr. Epstein needs to hire a Professional Wetland Scientist (PWS) to design and submit a restoration plan. Colin Cauldwell wants the board to follow-up with the Town Manager about more hours for the agent. Carole Matthew told the board about an on-going complaint on Mary Dee Lane. Someone is dumping iawn clippings on land designated as open space. Elizabeth and Carole went out to Mary Dee Lane and took pictures. The land was to be used as Open Space. Carole has a copy of a quit claim deed from the Assessors office. This is an on-going complaint. Michele Grenier had previously sent letters to the homeowners. Michele White asked if signs could be put on the property to prevent further dumping. Carole Matthew asked if anyone had looked at the different by-laws of other towns. She would like to have a meeting to discuss the policies and regulations. The board decided to have a sub-committee look the by- laws over and present the findings to the board. 10 112. Adjournment: NEXT MEETING WILL BE NOVEMBER 16, 2009 -~-2- " /L /'1~ C'4~ Joseph Mulkern; Chairman /~ -/'1-09 Date 11