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HomeMy WebLinkAboutConservation Comm. 02/27/2023Town of Mansfield RE CEI�lED Conservation Minutes February 27, 2023 TOY84 CLE:gy�S OFFICE MEETING HELD IN PERSON IN MEETING AND VIRTUALLY USING GOTOWEBINAR PLATTIMWIEI_D „ kCHUSET TS Present: Michael Healey, Chairman; Aaron Gallagher; Jonathan Hedlund; Dr. Jeffrey Paten; Katelyn Gonyer, Conservation and Environmental Planner. 1. Open Meeting Mr. Healey opened the meeting at 6:17 pm. 2. Request for Certificate of Compliance: Craig Cygawnoski, RIM Engineering Co., Inc., 230 Plain Street, Map 004, Parcel 075. DEP SE 211-0992. Mr. Healey opened the hearing for an Order of Conditions issued in March 2022 for the installation of an in -ground pool within 100 feet of the Inland Bank of Greenwood Lake. Hearing was continued from January 30, 2023. Mr. Cygawnoski said he is asking for a continuance to the April meeting because the owner of the property has not completed the plantings or removed the stone out of the 25-foot buffer. Ms, Gonyer said she met with the owner today and went over everything with her. There were no comments from the Board. There were no comments from the audience or virtually. Dr. Paten made the motion to continue the Request for a Certificate of Compliance for the owners at 230 Plain Street, Map 004, Parcel 075, under DEP SE 211-0992, for the construction of an in -ground pool and associated apron within 100 feet of Greenwood Lake until the April 24, 2023 meeting. Mr. Hedlund seconded the motion.` Motion passed 4-0-0 at 6:19 pm. 3. Determination of Applicability: Town of Mansfield, Department of Public Works. Mr. Healey opened the hearing for the Town of Mansfield, for roadway reconstruction and drainage improvements within the town right-of-way on East Street/Flint Farm to Shannon Lane, Maps 033, 035, 041, 042, and 043. Richard Alves, Engineering Division, said the Town of Mansfield has prepared a roadway and drainage modification plan for work on East Street from Flint Farm to Shannon Lane. He said the project was initiated by the need to upgrade the existing drainage and the deteriorating roadway. He explained there are three resource areas of concern for this application; the areas are shown on Sheets 4, 6, 8, and 9. He Page 1 of 6 Conservation Meeting Minutes 2/27/2023 described the work to be done in each area and said the project will not impact any existing wetland resource areas. He said the wetlands shown and the existing elevations were determined by plans prepared by others and said Ms. Gonyer reviewed and agreed with the delineation for this application. Mr. Alves said the proposed location of the erosion control, to be 8" mulch silt sock, was also approved by Ms. Gonyer during a walk through in January 2023. The erosion control will be installed prior to construction and will not be removed until all disturbed areas of construction are permanently stabilized; once these areas are stabilized the mulch 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 and the work will be done in the dry months with assistance from DPW and the Engineering Division. There were no comments from the Board. There were no comments from the audience or virtually. Mr. Gallagher made the motion to issue a Negative Determination of Applicability for reason #3, work will not impact the resource area, to the Town of Mansfield, Department of Public Works, for roadway reconstruction and drainage improvements within the town right-of-way on East Street from Flint Farm to Shannon Lane, Maps 033, 035, 041, 042 and 043, with the condition the erosion control is to be installed and inspected by the Agent prior to work. Dr. Paten seconded the motion. Motion passed 4-0-0 at 6:33 pm. 4. Request for Determination of Applicability: Eric and Ruth DiPietrantonio, 106 Rumford Avenue, Map 023, Parcel 211. Mr. Healey opened the hearing for Eric and Ruth DiPietrantonio to raze the existing garage and sheds and replace with a new garage within the 200-foot Riverfront Area of the Rumford River. Homeowners Eric and Ruth DiPietrantonio were present. Mr. DiPietrantonio said they will be removing the existing garage and a detached two -car garage will be built with the addition of a small workshop to the back of the new garage. Ms. Gonyer said this project Is located 150 feet away in the outer riparian area. She noted the strip of land in the back of this property is owned by the town and this area should be allowed to stay as natural as possible. She asked about the gravel area where the existing garage is located. Mr. DiPietrantonio said the newgarage will be located over this area. He said the existing driveway will be extended to the existing carport. Ms. Gonyer asked about roof runoff from the proposed garage. Mr. DiPietrantonio said gutters to downspouts would be installed on the new garage; he said this is shown on the house plans. Mr. Healey said a drywell should be added to the plan for the roof runoff. Page 2 of 6 Conservation Meeting Minutes 2/27/2023 There were no comments from the audience or virtually. Mr. Hedlund made the motion to issue a Negative 3 Determination of Applicability, for reason #3, work will not impact the resource area, to Eric and Ruth DiPietrantonio,106 Rumford Avenue, Map 023, Parcel 211, to raze the existing garage and sheds, and replace with a new garage within the 200-foot Riverfront Area of the Rumford River with the following conditions: • Erosion control is to be installed and inspected by Agent prior to work. • All natural areas within the town -owned parcel along the river are to be left to naturalize. If invasive species control is necessary, the owner shall contact the Agent. • Drywell to be installed for runoff from the new garage. Mr. Gallagher seconded the motion. Motion passed 4-0-0 at 6:47 pm. 5. Notice of Intent: Eric and Kimberly Sherman, 285 Plain Street, Map 004, Parcel 088. Mr. Healey opened the hearing for Eric and Kimberly Sherman for the construction of an addition to a single-family home within 100 feet of the Inland Bank of Greenwood Lake under DEP SE 211-1002. Craig Cygawnoski, RIM Engineering Co., Inc. and homeowners Mr. and Mrs. Sherman were present. Mr. Cygawnoski said the applicants want to put a small addition on the existing house within 100 feet of Greenwood Lake. The proposed addition will be on footings. He said the addition is being added to square off the house; a three-foot bump out will also be added. Mr. Cygawnoski said gutters will be added to the additions with runoff going into an infiltration trench, with crushed stone and a perforated pipe. Ms. Gonyer said the house is small, with only 753 square feet. She said a small portion of the house is within the 25-foot area and there is an existing wall that will be reconstructed. Ms. Gonyer suggested plantings be done in the area where the dock is located. She said all roof runoff should be directed away from the lake. Ms. Sherman said in the spring there are irises and other plants that grow by the dock area. Ms. Gonyer said because this area is so close to the water, plantings of woody shrubs and beach grass should be added to this area. She said she will look at the area in the spring. Mr. Sherman said they did speak with a landscaper today about clearing out the strip of land by the street. Ms. Gonyer said any lawn debris should be dumped on the Brown Avenue side of the property away from Greenwood Lake. There were no Board comments. There were no comments from the audience or virtually. Dr. Paten made the motion to issue an Order of Conditions to Eric and Kimberly Sherman, 285 Plain Street, Map 004, Parcel 088 for the construction of an addition to a single-family home within 100 feet of the Inland Bank of Greenwood Lake under DEP SE 211-1002, with the following standard conditions: Page 3 of 6 Conservation Meeting Minutes 2/27/2023 SPECIAL CONDITIONS UNDER THE MANSFIELD WETLAND PROTECTION BY-LAW CHAPTER 220 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry. 2. All work must conform to the plan dated January 27, 2023, referenced as "the plan of record" in this Order. 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock with wooden stakes every 10 feet on each side of sock or equivalent (do not pierce silt sock with stakes). In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site. S. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up actions. 6. All roof runoff from the addition is to be directed to a stone infiltration trench with a perforated PVC pipe as shown on the plan of record. 7. A construction sequence is to be submitted to the Commission prior to the start of work. 8. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 9. Prior to the commencement of work, a pre -construction meeting shall be held with the Agent, the Engineer and/or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 10. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record. 11. Wetland flagging must remainin place <until the ;project has been completed and the Certificate of Compliance issued, 12. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project, submit an as -built plan and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan. 13. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans Page 4 of 6 Conservation Meeting Minutes 2/27/2023 shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly. 14. Plant native pond side herbaceous perennial grasses and woody shrubs within the 25-foot No Disturb Zone. Owner will work directly with the Agent to determine the plantings. 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 16. Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. Mr. Gallagher seconded the motion. Motion passed 4-0-0 at 7:00 pm. 6. Old Business: • 493, 505 and 509 West Street Enforcement: Ms. Gonyer said because there is no representative present this item will be continued to the March meeting. She said she will be meeting with the homeowner and will have a full report for the March meeting. • Approval of January 30, 2023 minutes: Will be approved at the March meeting. • Conservation Updates: DLTA Grants, Open Space and Recreation Committee: Ms. Gonyer said she applied for a technical grant from SRPEDD, who will be providing technical assistance for the update to the Open Space Plan. Ms. Goner mentioned she in now the leader on a grant from FEMA to draft the town's hazardous mitigation plan, an expansion of the MVP Climate Change Plan. She is also working on a potential grant under the MVP program to do a hydraulic assessment of the Rumford River from Fulton Pond to Cabot Pond. She said there will also be a public outreach to all residents along the pond sides to try to manage invasive species in this area. 7. ' Executive Session. Mr. Healey stated the reason for the Executive Session is to discuss enforcement issues at 88 Highland Avenue. Mr. Gallagher: I make the motion to enter into Executive Session and not return to Open Session, under Exemption No. 3 of the Open Meeting Law, M.G.L. Chapter 30A, Section 21(a)(3): To discuss strategy with respect to prospective litigation concerning 88 Highland Avenue if the Chair declares that an open meeting may have a detrimental effect on the litigating position of the Conservation Commission. Mr. Hedlund: I second. Mr. Healey: I so declare, all in favor: Roll Call: Mr. Gallagher, yes; Mr. Healey, yes; Mr. Hedlund, yes; Dr. Paten, yes. Page 5 of 6 Conservation Meeting Minutes 2/27/2023 Now in Executive Session at 7:07 pm. Mr. Gallagher: I make the motion to leave Executive Session and adjourn the public hearing. Mr. Hedlund: I second the motion. Mr. Healey: All in favor: Roll Call: Mr. Gallagher, yes; Mr. Healey, yes; Mr. Hedlund, yes. Dr. Paten, yes. Motion to adjourn the hearing passes at 7:12 pm. Next hearing will be March 27, 2023. J q Michael Healey, Chair y -2 I -L3 Date Page 6 of 6 Conservation Meeting Minutes2/27/2023