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HomeMy WebLinkAboutCONSERVATION 02222010 Mansfield Conservation Meeting February 22, 2010 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner. Meeting opened at 7:00 pm. 11. Notice ofIntent: Maple Leaf Realty Trust-Map 38, Parcel 46. #211-0842 Colin Cauldwell made the motion to continue the hearing for Maple Leaf Realty Trust to March 8, 2010. Carole Matthew seconded. Motion passed 5-0. Hearing ended at 7:02 pm. 1..~.<.RequestfOr[)etetmi6Cltio69fAppli<:<lbilitY: csXnal1?p<1rtation/Il1c. Elizabeth told the board this is the 3rd hearing without representation. She has called the representative and he does not wish to attend the meeting. She told him the board can not represent CSX at the hearing. Paul suggested a letter be sent to the Commonwealth of Massachusetts and the federal government; superfunds are involved with the project. He said someone has to represent CSX at the hearing. Colin Cauldwell said the board would not approve without representation; CSX would be in violation of the Wetland Protection Act if they proceed without a hearing. Colin Cauldwell made the motion to continue the hearing to March 8, 2010 and to have Elizabeth send a certified letter to CSX to let them know the hearing will not be continued again and they will be violating the Wetland Protection Act if they proceed with the vegetation management without a finding. Carole Matthew seconded. Motion passed 5-0 Hearing ended at 7:04 pm. Eric Strand, Gale Associates, Inc. and Howard Fiske and Carl Lambrecht, Airport Commission members were present. All the work will be located in uplands within the 100 ft. buffer of bordering vegetated wetlands; work will be in the resource buffer but outside the 25 ft. no touch area. The closest point to the wetlands will be 30 +J- ft. The proposed project is to relocate the existing motorized slide gate and access control components approximately 35 ft. to the west along the airport access road. The existing gate is only 15 ft. from the road, creating a safety hazard for traffic on Fruit Street when entering and existing through the gate. Additionally, new fencing to connect the relocated gate to the existing fence, power and communication feeds for the relocated gate and access control system will be installed. There will be minor trenching to tie in fiber optic cables to the existing control equipment. Sediment and erosion control measures - silt fence, hay bales check dams - will be installed where appropriate. Colin Cauldwell made the motion to accept the plan for 265 Fruit Street as drawn and to issue a Negative 3 Determination. Carole Matthew seconded. Motion passed 5-0. Hearing ended at 7:09 pm. Attorney Ed Valanzola, representing Smith & Nephew was present. Attorney Valanzola feels the Mansfield By-law, the way it is currently written, would allow the applicant to work within the 25 ft. buffer. If the applicant can show work will not have a "de minimis" impact to the resource area, not a "de minimis" impact on the 25 ft. no touch, that it will not effect the values or function in that area negatively then the project should be allowed. He cited Section 2.5 of the by-law. He said the work being proposed will be beneficial to the resource area-presently all the water from the culverts emptying into the wetland area is untreated water coming off Forbes Boulevard. The applicant will be providing mitigation systems to treat the water, an upgrade from what exists now. He said the applicant has complied with some of the board's suggestions: at the rear of the property line, all the spaces have been eliminated; a few spaces that were in the 25 ft. no touch area and along the sides of the property have also been eliminated and the mitigation of the stormwater management systems. David Mackwell, Kelly Engineering Group, Inc. told the board the site consists of 8.49 acres with a 72,000 +/- sq. ft. manufacturing building and a 70,000 sq. ft. parking lot with 211 existing parking stalls. The proposed project is to increase the number of parking spaces by 43 by adding 5,100 sq. ft. of pavement; 2,000 sq. ft. of the 5,100 sq. ft. will be added within the 25 ft. no disturb area. He said there were no comments from DEP. David Mackwell told the board to off-set the impacts to the resource areas, a stormwater management upgrade is being proposed: stormceptor water quality devices to proVide TSS removal for the entire parking lot discharge that exists at the site; elimination of the existing point 2 source by adding a 450i stormceptor to pick up the stormwater and treat it; in addition, because of the addition of 5,100 sq. ft. of impelVious area, there will be mitigation for run-off and the creation of a re-charge area that will capture some of the roof water from the existing building and slow down the peak run-off. A stormwater Operation and Management (O&M) plan has been created which will include DEP recommendations, cleaning of catch basins, parking lot sweeping, maintenance and snow storage. John Rockwood, Senior Environmental Scientist 0Jith EcoTec, Inc. said the stormwater mitigation will be beneficial to the resource areas because it will reduce the amount of run-off from the pavement being discharged into the pond and wetlands. John said some of the suggestions to improve the site are the removal of the phragmites, an invasive species, and creation of a wetland reStor<;ltion area. He told the board the phragmites are a big problem, because if you don't get it all, It Will come back. He said the extent of the invasion is not known but there are phragmites on an adjoining property also. He said the best ways to eliminate the phragmites are through the use of herbicides, digging out the entire substrate and then replacing it or altering the hydrology of the. pond to prevent the growth of the phragmites. He said these remedies have potential risks aSso<:.iated with them. He felt plantings in the wetland boundaries would be more beneficial - arrowWood, dogwood would provide berries, improving the habitat. John told the board in the small upland projection; trees need to be cut but he suggested planting small shrubs and saplings among the trees to Improve the quality of the area. Elizabeth said her interpretation of the term "de minimis" is the work is a beneficial impact to the resource areas. She said she did not see a lot of phragmites on the property; she said the seed heads could be snipped off and disposed of or th~ sediment could be pulled out of the pond to try and eliminate the species. She agreed with the suggestion of buffer plantings along the 25 ft. for the finger of upland. She said the applicant could create additional wetland areas. She told the board it is a very nice little pond, a very nice wetland resource area. She agrees the stormceptors are a good idea but they are a iot of work to maintain properly. She said an O&M plan would require inspections of the stormceptors every 3 1i10nths and maintenance by vacuum truck at least once a year or they will be useless. She said the board would need emergency contact information - name and number. She said she appreciated all the work put in to the plan. Paul Boyden asked about snow removal. DaVid Mackwell said snow would be stored on the edge of the parking lot; it will not be pushed or melting into the wetlands. The areas for snow storage are marked on the plan. Colin Cauldwell asked if the melt water for the snow will go through the stormceptors. Michele White said the board should consider silt fence around the storage areas through the winter months. Carole Matthew asked about Rick Alves', the town's engineer, memorandum dated February 11, 2010. David Mackwell said they are working through all Rick's comments; comments have been addressed by Kelly Engineering Group in a letter dated February 17, 2010. In a memorandum dated February 22, 2010 from Rick, there are still 4 comments not addressed by the applicant. Comment #1 - They need to put the vertical datum and the horizontal control monuments on the town's GIS coordinate system; Dave said they were still working on this. Comment #4 - Test pit logs and location, with the estimated high groundwater need to be performed before approval; 3 Dave said they would like to wait until constrtlctlbn starts but Ricksaid no, the applicant needs to do this before site plan approval. Comment #5 - Permeability test locations and results for infiltration need to be provided; Dave said thl~ Will be done. Comm,ent #12 - Documentation must be provided to the Engineering Department statiNg that a valid wetland line has been established; Dave said this was done in the RDA process; this information has been sent to Rick via e-mail. Dave told the board all comments except the GIS issue will be completed before the site plan review. Derek House asked why the board was 100kll1g at this project aga/h. He is concerned about work being done in the buffer and right up to the wetlands; what is being done on the lawn that is going into the wetlands? He said there is not ehough area for snoW storage without Infringing on the wetlands. He is concerned that if the board allows this project; more applicants Will want to do the same thing. Colin Cauldwell said Town Council is aware of the.. project and the Work would be within the by-law. Colin said for the record, the applicant is not filling wetlands; they are not in the wetlands but are in the buffer. Attorney Valanzola cited Section 2.5. He said he does not agree with the board's definition of "de minimis", that it does not require the applicant db to something beheficial in the resoLlrce area. He said the applicant is benefiting the resoLlrCe area by the improvements to the stormwater management. He said the by-law allows Work .in the 25 ft. area. He told the bbard Smith & Nephew is willing to look at the recreation of Wetlands and plantlrigs along the rear property line. As far as the phragmites are concerned, he dt;il:ls not think it is a good idea to have Smith & Nephew try to remove the invasive species. He asked if the board would accept a one-time removal of the phragmites instead of on a yearlY basis. He said if Smith & Nephew does not do this project, the phragmites will still be there and the untreated water going into the cUlverts/catch basins is still going to go into the swales and ruh into the wetlands. These improvements will only benefit the area. Elizabeth said the eradication of the phragti1ites was just a suggestion as a way to provide a beneficial impact to the resource area. John Rockwood suggested a planting plan be submitted for the perimeter of the property. Elizabeth agreed. Carole Matthew asked David Mackwell to summarize why the 5,100 sq. ft. of new pavement is not going to have a "de minimis" impact. He said beCause 72,000 sq. it. of untreated impervious area is going into the wetlands. The improvements to the stormwater management system will allow for the treatment of the existing 72,000 sq. ft. along with the 5,100 sq. ft. The improvements would be the plantings, the removal of the phfagmites and the creation of wetland areas. The O&M plan would be rewritten to include the emergency contact name and number and a vacuuming schedule for the stormceptors. The snow storage issue would be looked at again - possibly grading back the pavement to alloW the snow melt to go to the stormceptors, providing silt fence or waddle and better define the snow storage areas. Carole Matthew asked if DEP has not commented because the applicant has to comply with the state regulations and 401 and 404 Clean Water Act. Elizabeth said it was because everything that is required has been submitted. 4 Elizabeth suggested that the applicant wait to submit a final plan until all engineering comments are complied with. She will also go out to the property to see the extent of the phragmites. Paul Boyden made the motion to continue the hearing until March 8th. Colin cauldwell seconded. Motion passed 6-0. Hearing ended at 8:19 pm. Ralph Maloon, RIM Engineering, Inc. was present. Ralph told the board there is an isolated wetland on the property, most of which is on an abutting property. There is a vernal pool associated with. the wetland system. He told the board the area is a Zone II water protection district and is within an ACEC. The site is not within an Estimated Habitat. Elizabeth told the board, because of the size of the delineation verification and her reduced hours, she would like the Commission to implement 53G of the state regulations to hire an outside consultant to verify the delineation. Elizabeth said the board can also require the applicant to pay costs and expenses for an outside consultant under Section 5.2 of the by-law. Abutters present were Mark Massery, 275 Ware Street, George and Linda Wallace, 235 Ware Street, Harry Salerno, 223 Ware Street and Arthur and Diane O'Neill, 269 Ware Street. Arthur O'Neill told the board it is a very wet area. He said the river has overfiowed twice onto Ware Street. He asked if the area is even build-able. Elizabeth will send out 3 Requests for Proposals but asked if she cOuld pick the consultant without a vote from the board. The board agreed she can choose the consultant without waiting for the next meeting. Colin cauldwell made the motion to hire an outside consultant to verify the wetland line on Ware Street. Motion passed 6-0. Derek House suggested the neighbors be re-notlfted. Ralph Malooh asked if the notification could be done by regular mail instead of by a certified mailing. The board agreed the notices could go out by regular mail. Elizabeth told Ralph Maloon vernal pools are actiVe in late March, early April. Elizabeth said the resource areas to be picked uj) by the RFP are the delineation of the bordering vegetated wetlands, the vernal pool associated With the wetland area and the on-site stream. If the stream is perennial, the 100 ft. to 200 ft. would have to be picked up also. 5 Colin <:auldwell made the motion to continue to March 22, 2010. Derek House seconded. Motion passed 6-0. Hearing ended at 8:40 pm. CopelClhd Crossing, corner of Rtes. 106 and i 4(j: , Owner is looking for a Certificate of Compliance - an as built will need to be submitted. Elizabeth told the board if the as built does not match what is actually built, the owner will have to !:jo for an amended Order of Conditions before the Certifltate of Compliance can be issued. Medlihe Industries, Inc. 560 West Street #211-106: a Certificate of Compliance (COG) was issued at the January 25, 2010 meeting. Mark BeaUdry of Meridian ASS?Ciates, Inc. has qlJestioned the special condition for snow removal added to the Certificate of Compliance - snow removal storage to be limited to the upland portions of the park!hg lot and at least 300 ft. away from all detention ponds and drainage swales. When the ori!:jihal Order of Condltl6hs was issued DeCember 2004, one of the conditions was that snow storagew9uld be limited to the parking lot in the northwest corner of the lot and would be at least 300 ft. away from the proposed west detention pond. There are now 12 detention ponds on the property and Mark said there is not 300 ft. from any of the detention areas; if the condition stands as written, snow would not be able to be stored on site and stili be able to maintain the 300 ft. requiremeht. Michel,l'l White asked if Medline could be reqUired to put silt fence around the snow storage areas during the winter months - November to March 31st. She said the Bureau of ResourCe Protection GuidanCe says silt fence around any snow storage area down gradient, behind the snow storage area dUring the winter would prevent any problems. Elizabeth said silt fence would be useless unless hay bales are toed-in to the fencing. She asked if the board would like to amend the special condition added to the COe. The board decided silt fence with toed-in hay bales should be added to the areas used for storage and snow should be placed 50 ft. away from all detention areas. Elizabeth gave the board a new fee schedule aM asked that they review the fees and make any changEls. If approved, the fees would be added to the regulations. The Board of Selectmen would also like to review the fees. Ethics Test - Elizabeth reminded the board they are required to take the test before the end of April 2010. Vickery parcel on South Main Street, Parcel 2: Robert Mangiarattl ~ letter dated February 9, 2010 to Kenheth Parson regarding the donation of land to the Conservation Commission. A title search needs to be done before Conservation can accept the land. COnservation will pay for the title search heeded to clear the title. Mansfield Youth Baseball: They would like to hold a fundraiser May 22nd and 23'd. They have asked the board to grant their request for temporary lighting for the event. The contract with the 6 town does not allow for any type of lighting on the fields. The board would like representatives to cometiJ the next meeting to discuss the fundralser. The board requested that the abutters be notified. A legal ad will need to be placed, to be pay for by the Mansfield Youth Baseball. The cohtract for the use of the fields still needs to be signed. "the addendum also needs to be signed: Need to check to be sure all requiremehl:S of addendum have been met: boulders were to be added, a gate and signage. Any articles for Town Meeting must be submitted by March l't. Ah article needs to be submitted to chclhge the amendment to Section 2.5. The board would like to change the wording from borderlhg vegetated wetlands to resource areas and remove the word "de minimis" from the paragraph. The article will read [2.5: The folloWing activities may be permitted within 25' of a resource area: the creation of wetland replacement or mitigatioh areas, installment of drainage outfalls, grading work associated with additions to existing single"family homes, work on existing comniercial or industrial facilities that does not increase the imoeNious area and has a Dositive impact to the resource area and its function and value, the maintenance and construction of trails, resourte improvement projects, such as the cleaning of streamS or the creation of park areas. These exceptions will be reviewed on a case by case basis.] Colin Cauldwell said he received a letter from the Taunton River Coalition regarding the Taunton River Watershed Mini Grant Program. Grants generally are $500.00 to $3,000.00. Application must be received by March 12, 2010. Grants are awarded for any improvements to the Taunton River Watershed area. Colin Cauldwell made the motion to accept the minutes for January 25, 2010. Motioh passed 6-0. Colin Cauldwell made the motion to adjourn at 9: 15 pm. Motion passed 6-0. NEXT MEETING WILL BE MARCH 8, 2010. QA. ~ ct.._ Joseph Mulkern, Chairman 3- ,5;-/Q Date 7