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HomeMy WebLinkAboutCONSERVATION 01252010 CONSERVATION MINUTES JANUARY 25, 2010 Present: Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner. Meeting called to order at 7:05 pm. 1. Amended Notice of Intent: Medline Industries, Inc., 560 West Street - Map 44, Parcel 901 - DEP #211-706. Mark Beaudry, Professional Engineer with Meridian Associates, Inc. was present. On January 11, 2010, Mark came before the board for a Certificate of Compliance for the completed project at 560 West Street. At that time Elizabeth told the board there was a substantial difference between the plan of record, dated August 18, 2004, and what had actually been done. Due to these changes, the board asked that Mark file an Amended Notice of Intent, as per the as built plan dated December 21, 2009 to account for the changes. Mark told the board the building permit plan most closely represents what was actually constructed. Colin Cauldwell asked Mark what changes were made from the original plan. Mark said changes within the buffer zone included straightening the roadway and reducing the width from 35 ft. to 30 ft. and the number of parking spaces was increased from 50 to 75 spaces to accommodate Medline's parking needs. Outside the buffer zone, the footprint of the building originally was to be 300,000 sq. ft.; the as built shows the building to be 350,000 sq. ft. The number of loading docks was changed to 65 docks. Mark told the board a full occupancy permit has been issued. Mark said all drainage was extensively reviewed by Rick Alves, Interim Town Engineer. He said Rick was satisfied with the original design and with the as built plan. He agrees the existing conditions meet stormwater guidelines. A memorandum from Rick dated November 5, 2009, states the revised as built for 560 West Street satisfactorily addressed the comments made in an October 27,2009 memorandum. Elizabeth said an Operation & Maintenance Plan needs to be done to ensure the drainage system functions properly. She asked about a snow removal plan. Mark said the snow removal is restricted to the parking area in the northwest corner and is at least 300 ft. west of the retention pond. Derek House asked if there was a restriction on salt usage; Mark said usually it is recommended that salt be used at a minimum with sand primarily used. Derek House asked if other property owners have done anything to cleanup the swale. The swale starts on Medline property but Mass Highway and ANB also own a portion of the swale; Medline has removed the sediment from their portion of the swale. The board is concerned if the entire swale is not cleaned out it will fill with sediment again, preventing it from functioning properly. Extra conditions the board would like included in the Amended Order of Conditions: an Operations and Maintenance Plan be submitted - applicant is to keep the stormwater BMPs clean - and snow removal will be restricted to the northeast corner of the parking lot. Colin Cauldwell made the motion to accept the amendments to the original design, revised March 27, 2009 (the building permit set of plans) and the final as built plan dated November 11, 2009. Derek House seconded. Motion passed 5-0. Colin Cauldwell made the motion to issue a Certificate of Compliance for Medline Industries, Inc., 560 West Street, DEP #211-706 with the caveat that the snow removal issue to be resolved with Medline management people and an Operations and Maintenance Plan be set up to maintain the catch basins. Michele White seconded. Motion passed 5-0. The Operation and Maintenance Plan will be attached to the Certificate of Compliance. Hearing ended at 7:25 pm. I 2. Notice of Intent:MassHighway,S()uthb()~l1d Ramp,<1-495 ....DEP#211-0836 Heather Fuller and Maryann Magner of Jacobs Engineering Group, Henry Barbaro, DOT and Mike Clements, District 5, were present. The Riverfront mitigation will be done on the former Clemmey property, now owned by Mass Highway. Parts of the mitigation are the slope of the bank will be re-stabilized, any impermeable surface will be removed, the burned lumber from the barn and any other debris will be removed from the wetlands, the culvert at the unnamed brook will be extended 17 ft. and sediment will be removed from the concrete pipes at the Back Bay Brook. Some changes were made to the Conservation special conditions: Heather Fuller said SC #6 should read [the discharge pipe into the detention ponds will be at ground level] not one foot below ground level. Elizabeth will check with Rick Alves to make sure he approves. SC #12 should read Mansfield Airport Commission. SC #23 should read [any change to the approved project must be submitted to the Conservation Commission in writing for review]. SC #37. The contractors, the engineer and the wetland monitor to sign a statement that they have read and understood the Orders of Condition (OC). Elizabeth will develop a form to be signed by anyone who has a copy of the Oc. Colin Cauldwell asked that SC #39 be added: All flagging and siltation controls to be removed when the project is completed and the vegetation as been re-established. Colin Cauldwell asked if there will be access post-construction to the 3 acres (former Clemmey property) that will be donated to Conservationi maybe a driveway? Heather Fuller said no, not from South Main Street. Colin said the property would be a great spot for a community garden. He also asked about another parcel of land - Map 14, Parcel 55 - that Mass Highway owns, land contiguous to a large portion of Mansfield Conservation land. He said it would be a great addition and very useful to the town. He said the 2 land is across South Main Street and is part of the land taken by the state when 1-495 was built. Colin said another issue the state never complied with is a walking bridge. Mansfield Conservation land was split in half when the highway was built and as part of the mitigation, Mass Highway was supposed to build a walking bridge across 1-495 to connect Judy's Lane, Fales Hill Conservation Area, with Great Woods. Lou Andrews said there is correspondence from the 1990s concerning the walking bridge. Henry Barbaro asked that the information about the parcel of land - Map 14, Parcel 55 - and information about the walking bridge be e-mailed to him so he can pass the information along to the right people. Colin Cauidwell asked if the Special Conditions suggested by Jacobs would be combined with the Special Conditions agreed to by the board. Elizabeth said any of the special conditions Mass Highway has proposed, not already addressed, can be incorporated into the special conditions already established by the board. The board will review the Mass Highway conditions. Maryann Magner asked for a draft of the special conditions approved by the board. Paul Boyden asked Lou Andrews if the Airport Commission was all set; Lou said yes. Maryann Magner reminded the board the airport enhancement is a separate issue but is being approved by the Order of Conditions issued tonight. Michele White made the motion to issue an Order of Conditions, DEP # 211-0836, Mass Highway Southbound Ramp 1-495 project pending finalization of the additions/corrections to the Special COnditions made here tonight and incorporation of Mass Highway's suggested special conditions. Carole Matthew seconded. Motion passed 5-0. Hearing ended at 7:52 pm. 3. Notice of Intent: David & Kathryn Lund, 19 South White Pine Lane, Map 3, Parcel 330 - DEP #211-0840 Elizabeth reminded Dave Hobaica, Easton Pool and Spa, about submitting a revised plan showing the up- dated landscaping, the removal of the two (2) trees, the addition of stepping stones and the planting of grass outside of the 25 ft. buffer, between the pool and the fence, for 15 Sturbridge Drive. She reminded him that no work can be done until the up-dated plan has been submitted and the Order of Conditions has been issued. The Notice of Intent for 19 South White Pine Lane was filed for the installation of an in-ground pool within 30 ft. of bordering vegetated wetlands and within a Priority and Estimated Habitat of Rare Species. Dave Hobaica and Dave Lund, the homeowner, were present. A new plan, dated January 5, 2010, was submitted January 25, 2010. The original plan was changed because access to the back of the yard would have to be from the left side of the house because of a leaching field on the right side. The hay bale line has been moved closer to the wetlands. The dewatering area has also been added to the new plan along with the location of the equipment pad. The original plan was dated November 30, 2009. A delineation of the wetlands was done by Botanist Walter Hewitson on November 11, 2009. 3 Dave Hobaica said all work will be outside the 25 ft. no touch area except the access point on the left side of the house. He said the existing shed will be moved back, requiring a small amount of clearing; the shed will still be outside the 25 ft. area. The pool elevation is to be set at 134.5. Derek House said it appears the 25 ft. has already been touched; the lawn extends right up to the wetlands. The house was built before the by-law. Carole Matthew asked if there were any comments from DEP. Elizabeth said there were no comments other than to contact Natural Heritage. In a letter from the Division of Fisheries and Wildlife, dated December 28, 2009, based on a review the project would not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. Aiso the project would not result in a prohibited "take" of state-listed rare species. Because the existing shed will be moved and because the lawn extends right to the wetlands, Elizabeth would like shrubs, etc. to be planted along the wetland edge to serve as a buffer. Derek House asked if the board could request the 25 ft. area be replanted, at least by the pool. Colin Cauldwell asked about the filtration system. Dave Hobaica said it would be a cartridge filtration system; no backwashing will be necessary. Because of the slope of the yard, Elizabeth recommended silt fence and double-staked hay bales. Carole Matthew asked why Natural Heritage did not recommend the use of a Froglog. Elizabeth said the board can require a Froglog be installed. As part of the Order of Conditions, Derek House would like to see the buffer replanted or the area mulched" especially in the pool area, left of the patio, to prevent run-off from the lawn area from entering the wetlands; the replanted area will be from wetland flag 3 to wetland flag 7. Paul Boyden asked that the erosion control be inspected by a professional engineer. He asked when the work would start. Dave said the work would begin in April. Paul asked him to call the office prior to construction to make sure sediment controls have been verified by an engineer. Elizabeth will inspect also. Colin Cauldwell made the motion to accept the plan, dated November 3, 2009, revised January 5th and 21't, 2010, for the proposed in-ground pool at 19 South White Pine Lane, DEP #211-0840, and to issue an Order of Condition with the following conditions: silt fence and double-staked hay bales to be installed along the proposed hay bale line - erosion control to be inspected by a professional engineer - applicant is to call Elizabeth before construction starts so she can verify the silt/hay bales; a Froglog will be installed in the pool; additional plantings to be planted between the lawn and the wetlands from wetland flag 3 to flag 7 in order to buffer the run-off from the lawn into the resource areas. Michele White seconded. Motion passed 5-0 Hearing ended at 8:12 pm. 4. Notice of Intent: Maple Leaf Realty Trust, Maple Street, Map 38, Parcel 46 - DEP #211- 0842. 4 Michael Trowbridge, hutchins-Trowbridge Associates, Inc. was present. The Notice of Intent was filed for a proposed driveway to service two (2) single family dwellings at the rear of the property. To gain access to this area, the applicant will have to cross an intermittent stream and bordering vegetated wetlands; approximately 3,333 sq. ft. of resource areas will be disturbed. The applicant is proposing a 3,600 sq. ft. replication down towards Maple Street. The driveway will be gravel. Culverts will be put in place to make sure the flow is not interrupted. Carole Matthew asked who determined the stream is intermittent; was it on a map or was it determined by hutchins-Trowbridge Associates. Michael Trowbridge said he has been working on the site and adjacent properties for 30 years. Carole asked him if the most recent maps show the stream as intermittent. Michael said it is shown as a stream, not intermittent. Michele White asked if Michael had photos documenting four (4) consecutive days of non flow. Michael said no but he can get the information. Carole Matthew: "Because you are classifying the stream as intermittent, you don't have to meet the stream crossing standards as far as culverts are concerned. You are also saying you have no other alternative. Michael said this was correct. Colin Cauldwell asked if there was bank restoration required on this project. He asked Michael how wide the crossing would be; it would be about 30 ft. Colin said it would be 30 ft. x 2, for a total of 60 ft. He told Michael he would have to find someplace to replicate the bank. He said an Alternative AnalYSis would be required. Since the project is in an ACEC, DEP said the project must meet the performance standards under 10.55 (4) (e) Land 2 for the alteration of bordering vegetated wetlands. Elizabeth cited 10.55 (4) (e) [any proposed work shall not destroy or otherwise impair any portion of a bordering vegetated wetland that is within an Area of Critical Environmental Concern designated by the Secretary of Environmental Affairs under M.G.L. c. 21A, 9 2 (7) and 301 CMR 12.00] - 1.) "supersedes the provisions of 310 CMR 10.55 (4) (b) and (c) which is the wetland replication section of the regulations, up to 5,000 sq. ft. with replication and allowing the loss of a finger-like projection of wetland up to 500 sq. ft." and 2.) "shall not apply if the presumption set forth at 310 CMR 10.53 (3) is overcome". Elizabeth asked how Michael proposed to comply with the DEP comments. Michael said the project would be a "limited" crossing because there is no other alternative. Carole Matthew said the first issue with the project is the stream. The second issue is whether the project has to meet the standards of 10.55 (4) (e) 1. and 2. Elizabeth said the project must meet the standards. Elizabeth told Michael she has not been able to verify the delineation due to her work load and poor weather conditions. Carole Matthew asked Elizabeth to read 10.55 (e) again and said "basically DEP comments under the assigned number 211-0842 was to refer to this regulation. Elizabeth said yes, the applicant would need to show how they can meet the performance standards. 5 Motion passed 5-0. 110. Adjournment Motion to adjourn at 10:30 pm - Derek House/Colin Cauldwell Motion passed 5-0. ME"GS FOR THE MONTH OF FEBRUARY: ~-J~ . Paul Boyden, Vice Chair THE 8TH AND 22ND. d f! &If) Date 9