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HomeMy WebLinkAboutConservation Comm 07/31/2023Town of Mansfield RECEIVED Conservation Agenda 'ron, CLERKS OFFICE July 31, 2023 211B SEP 2q A 11, 31 MEETING HELD IN PERSON IN MEETING ROOM 3 A/B AND VIRTUALLY USING GOTOWEBINAR PLATFORM i iANSFIEL0 HASSACHUSETTS Present: Michael Healey, Chair; Dr. Aaron Roth, Vice Chair, Aaron Gallagher; Jeffrey Paten; Robert Smith - MacDonald; Ryan O'Hara. Not present: Jonathan Hedlund. Katelyn Gonyer, Conservation and Environmental Planner Jane Doucette, Administrative Secretary 1. Open Meeting. Mr. Healey opened the meeting at 6:02 pm. 2. Request for Certificate of Compliance: Robert and Donna Comtois, 443 Elm Street, Map 007, Parcel 075. Mr. Healey said the Order of Conditions was issued under DEP SE 211-0781 in September 2006 for an addition, deck and upgrade of the septic system with related grading within the 100-ft. buffer of bordering vegetated wetland. Ms. Gonyer explained this is an old Order of Conditions and noted the addition and septic system are in the correct location and all areas have been stabilized. An as -built plan was received. She recommended issuing a full Certificate of Compliance. Dr. Paten made the motion to issue a full Certificate of Compliance to Robert and Donna Comtois, 443 Elm Street, Map 007, Parcel 075, under DEP SE 211-0781, for the construction of an addition, deck and upgrade of the septic system within 100 feet of a bordering vegetated wetland. Mr. O'Hara seconded the motion. Motion passed 6-0-0 at 604 pm. 3. Request for Certificate of Compliance: Steve Hanson, 137 Old Elm Street, Map 006, Parcel 049. Mr. Healey said the Order of Conditions was issued for a single-family house, associated septic system with a common driveway to be shared with Lot 3 under DEP SE 211-0996. The Applicant has requested that this hearing be continued to the August meeting. Dr. Roth made the motion to continue this request for a Certificate of Compliance to the August 28, 2023 meeting. Conservation Minutes July 31, 2023 Mr. Smith -MacDonald seconded the motion. Motion passed 6-0-0 at 6:06 pm. 4. Request to Extend Order of Conditions: Steve Chorney C/O Community Gardens LLC, 500 School Street, Map 006, Parcel 116. Mr. Healey said the Order of Conditions was issued under DEP SE 211-0983 in November 2020 for the construction of a 78,000 square -foot building within 100 feet of bordering vegetated wetlands. This permit will expire in November 2023; due to the lengthy process of permitting, no work has been started on the building. Ms. Gonyer said this project was permitted in 2020. She said only small prep work has been done. She recommended the Order be extended for three years. Mr. Gallagher made the motion to issue a three (3) year extension to Steve Chorney, C/O Community Gardens LLC, 500 School Street, Map 006, Parcel 116. The new expiration date of the Order will be November 2026. Dr. Roth seconded the motion. Motion passed 6-0-0 at 6:08 pm. 5. Notice of Intent: David Oberlander, 18 Columbine Road, Map 036, Lots 035 & 036. David and Beth Oberlander were present. Mr. Healey said the Notice of Intent was filed for the construction of a new dwelling, subsurface disposal system, driveway and associated grading within 100 feet of bordering vegetated wetland under DEP SE 211-1004. Ms. Gonyer explained this is a small lot at the end of Columbine Road and was in the town's possession from tax title. She said this lot has enough upland for buildability and the proposed house is to be located in the northeast corner of the lot, which slopes toward the reservoir. She said everything is outside the 25-foot area with the house located at 27 feet. She agreed with the wetland line as shown on the plan. Mr. Oberlander said they will be meeting next week with the Board of Health for the septic system, Ms. Gonyer questioned the limit of lawn and wanted to make sure the location of the lawn area is not any closer to the reservoir. Mr. Oberlander said any lawn area will be up to the fence. Ms, Gonyer said there should be some demarcation in this area, either stone or a split rail fence. Mr. Oberlander said there will be a retaining wall on the left site of the house just for grading. The plan calls for straw waddles but Ms. Gonyer said the erosion control should be 8" mulch silt sock. Board Comments: Conservation Minutes July 31, 2023 Dr. Roth asked if the land had been cleared yet and asked about the vegetation on the property. Mr. Oberlander said the lot has not been cleared and is mostly wooded, predominately oaks and pines trees right down to the wetland area. Ms. Gonyer asked that the erosion control by the septic system be moved up towards the leaching field. Mr. Oberlander said he would bring the erosion control up to the edge of the grading. Mr. Gallagher asked if there was a plan for the roof runoff from the house. Mr. Oberlander said there will be gutters with runoff into a drywell or stone trench. Mr. Oberlander will need to submit a revised plan showing the extent of the lawn area, change the straw waddle to 8" mulch sock and show the sock closer to the leaching area. A drywell for roof runoff is to be shown on the revised plan. Mr. O'Hara said one of his concerns is the stormwater runoff potentially going into the wetland area because there would be a possibility of future use of fertilizers and pesticides in this area. Ms. Gonyer said one of the boiler plate conditions is only organic products can be used. Mr. Gallagher said one of the conditions would be an updated plan be submitted. There were on comments virtually or from the audience. Dr. Roth made the motion to issue an Order of Conditions to David Oberlander at 18 Columbine Road, Map 36, Lots 35 & 36, under DEP SE 211-1004 for the construction of a new dwelling, subsurface disposal system, driveway and associated grading within 100 feet of a bordering vegetated wetland with the following conditions: SPECIAL CONDITIONS UNDER THE BY-LAW: 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 August 2, 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 sides of the 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 germinate 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 Conservation Minutes July 31, 2023 occurs, the Agent is to be contacted to review the extent of the erosion and determine follow-up actions. 6. All roof runoff is to be directed into drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells. 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 remain in 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 Jots, 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 shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, the applicant is required to file accordingly. 14. Prior to receiving a Certificate of Compliance, the Applicant must install three (3) permanent "Environmentally Sensitive Area" signs on the subject lot. The location of the signs are to be designated by the Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at the Conservation Department. 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 the wetland and/or 25-foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. 17. The limit of lawn area will be delineated and demarcated with a permanent marker or physical boundary. 18. An updated plan is to be provided prior to the start of any work. Mr. Smith -MacDonald seconded the motion. Motion passed 6-0-0 at 6:26 pm. 6. Notice of Intent: Benjamin Cavalio, 881 Maple Street, Map 040, Parcel 171/4. Cameron Gray, Bay Colony Group, Inc., representing the Applicant, was present. 4 Conservation Minutes July 31, 2023 Mr. Healey said the Notice of Intent was filed for the construction of a single-family home with associated grading and utilities within 100 feet of bordering vegetated wetland , NHESP Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species and ACEC, the Canoe River Aquifer, under DEP SE 211-1005. Ms. Gonyer said she met with Mr. Gray on site in May and she agreed with the wetland line. She said the 1,330 square foot isolated wetland is not hydraulically connected to the bordering vegetated wetland so it is a non -jurisdictional feature: she noted this appears to be a man-made depression. She said this is a tight lot with the septic on the upland side of the house and the house, at its closest point, is 41 feet from the wetland. She said she is concerned about the limit of lawn area. She noted the site is overgrown and there is a stand of Knotweed on the site. She said the removal of this invasive species would have to be handled correctly to minimize the spread of the Knotweed. Dr. Roth asked when they would be removing the Knotweed. Mr. Gray said the Knotweed on this lot is not as much of an issue as it is on the two neighboring lots. He said when these lots are developed, a management plan will have to be done to address this issue. If the Knotweed is removed in the fall, the applicant would have to work with Ms. Gonyer to minimize the spread of the invasive species and have a plan on how it would be removed and disposed of. Mr. Gallagher asked about the roof runoff. Mr. Gray said at this point there is nothing proposed on the plan. Ms. Gonyer said this would be a condition and would like to see drywells into trenches for the roof runoff. A revised plan would have to be submitted showing the drywells/trenches and the limit of lawn area. Dr. Paten noted in the Notice of Intent there is a review out from MESA for endangered species. Mr. Gray said they have not had any feedback regarding the review. Ms. Gonyer said the Order would not be issued until we have received a letter from Natural Heritage. There were no comments from the audience or virtually. Mr. Gallagher made the motion to issue an Order of Conditions to Benjamin Cavallo, 881 Maple Street, Map 040, Parcel 171/4, for the construction of a single-family home with associated grading and utilities within 100 feet of Bordering Vegetated Wetland , NHESP Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species and ACEC, the Canoe River Aquifer under DEP SE 211-1005 with the following conditions: SPECIAL CONDITIONS UNDER THE BY-LAW: 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 April 25, 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 sides of the 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. 5 Conservation Minutes July 31, 2023 5. 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 germinate 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 is to be directed into drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells. 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 remain in 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 shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, the applicant is required to file accordingly. 14. Prior to receiving a Certificate of Compliance, the Applicant must install three (3) permanent "Environmentally Sensitive Area" signs on the subject lot. The location of the signs are to be designated by the Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at Conservation Department. 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 the wetland and/or 25-foot No Disturb Zone is prohibited, Storage is prohibited in these areas as well. 17. The limit of lawn area will be delineated and demarcated with a permanent marker or physical boundary. 18. Submit Knotweed Management Plan. The Applicant shall work with the Agent for the removal of the Knotweed. 19. An updated plan is to be provided prior to the start of any work. 20. The letter from NHESP is to be included with the Order. Mr. Smith -MacDonald seconded the motion. 0 Conservation Minutes July 31, 2023 Motion passed 6-0-0 at 6:41 pm. 7. Notice of Intent: Michael Shunta, 241 Francis Avenue, Map 030, Parcel 076. Mr. Healey said the Notice of Intent was filed for the construction of a single -story warehouse facility and associated improvements within 100 feet of bordering vegetated wetlands and NHESP Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species under DEP SE 211-1003. Michael Shunta, Atlantic Oliver II Francis Ave LLC, Lawrence Beals, Beals Associates, Inc. and Devon Howe were present. Ms. Gonyer said this is the old VAM site and what is proposed is a new warehouse, to be constructed on the existing paved area. She said the wetland on site is a small wetland that does have an inlet and outlet and a channel flow. The proposal was sent to Natural Heritage and we have received a letter; under Estimated Habitat of Rare Wildlife there is "no adverse impact" and there is no "take" under Priority Habitat of Rare Species. Mr. Beals discussed the existing conditions on the site. There is an existing 350,600 square -foot building with parking, loading, site entrance and exit. He said there is a wetland resource within the northwest corner and on the southern portion of the property there is a vernal pool. Mr. Beals said they are proposing all roof runoff be directed to a detention basin to the left side of the property and a retention basin on the right to recharge the runoff. Devin Howe said they are proposing a single -story warehouse with a footprint of 232,500 square - feet with a total height of less than 44'-10', and the warehouse will be located on the existing concrete area. He said access to the property will continue to be off Francis Avenue and, as part of the application, they are proposing to expand the existing curb -cut area for safety reasons at the request of the town. Mr. Howe said the impervious areas are located on the eastern and western side of the building. On the eastern side there are 42 loading docks for truck access, as well as 4 drive-in doors for the building. He said on the western side of the site they have located 159,parking spaces including what is required for ADA. He said there are an additional 288 parking spaces on the western corner of the property where they are proposing an office space with additional ADA spaces. At the southwest corner of the proposed building there is office space that leaves opened flexibility for another future tenant. He said the parking will be on the western side of the site which is closest to the residential side and the applicant has included evergreen plantings, shrubs and trees along the entire western edge to provide additional screening for the residential area. Mr. Howe said the utilities are proposed to be provided by municipal water and sewer and the electrical and tele-communications and natural gas will be from Eversource. He summarized the Stormwater Management which consists of three (3) infiltration basins, two on the north side of the building and one on the southern side to provide for adequate pre-treatment. He said they have developed a snow storage plan and are proposing snow storage areas throughout the proposed development areas. At the northwest corner of the parking lot they have allocated 20 parking spaces for snow storage and are showing storage areas in the landscaped areas on the eastern side in the Conservation Minutes July 31, 2023 area between the truck court and the access drive. He said these areas will drain toward the stormwater management areas. Mr. Howe noted they are still under review by the Town Engineer. Mr. Howe discussed the proposed entrance reconfiguration to slow traffic entering off Francis Avenue into the site. He also discussed the water, sewer and electrical parts of the filing and noted they are working with Eversource to determine whether they have the ability to provide gas services to the site; he said a revision to the plan would include the gas service. Mr. Howe noted Natural Heritage expressed that they wanted to provide the greatest level of infiltration to recharge the vernal pool on the southern side of the site. Mr. Shunta provided a slide presentation of what is currently and proposed on the site as well as the surrounding areas. Ms. Gonyer said one of the proposed special conditions would be to make sure all comments by Richard Alves, Town Engineer, have been incorporated before the Order is issued. She said the wetland feature is man-made, does not serve a huge natural area and is isolated and said the applicant has made sure this area stays natural. Mr. Healey asked if there were any restrictions on what materials can be stored there. Mr. Shunta said nothing can be stored outside the zoning requirements. Ms. Gonyer asked if the existing chain link fence around the wetland area would be removed. Mr. Beals said the chain link fence would be removed and replace with a vinyl fence. Mr. O'Hara asked about the pre-treatment of any runoff especially around the vernal pool area. Mr. Beals said the catch basins have hoods and deep sumps to clean the water; the clean water will run into a water quality unit. Dr. Roth asked how the landscaped area would be maintained and if there would be irrigation for this area. Mr. Howe said they are not proposing any irrigation as part of the project. Dr. Roth asked if the open catch basins would become mosquito breeding areas. Mr. Howe said no because MASS DEP requires catch basins to completely drain within 72 hours. Mr. Healey asked about a Stormwater Pollution Prevention Plan (SWPPP). Mr. Howe said they have not prepared the plan yet because typically they do a plan after they have received all permits from the town. Mr. Gallagher asked if Mr. Alves would review this plan. Ms. Gonyer said yes and the Order would not be released until she receives a memo of approval from Mr, Alves. She said one of the conditions would be that the Stormwater Plan would be recorded with the Order as part of the incumbrance against the deed. Mr. Gallagher asked if the infiltration basins are sized to handle the volume of a 100-year storm. Mr. Howe said they are designed to handle a 100-year storm. Mr. Gallagher asked about the two-way roads around the facility and if there was a reason the Applicant needed this or is the town requiring the two-way roads. Mr. Howe said the roads are 24 feet wide and provide better circulation for the cars. Mr. Gallagher asked if there was any thought of making the road by the vernal pool one-way to reduce the width of the road and decrease the impervious. Conservation Minutes July 31, 2023 Mr. Gallagher asked if the number of parking spaces was a zoning requirement. Mr. Howe said having the number of parking spaces provides additional flexibility because they do not know how many parking spaces they will actually need. Mr. Gallagher asked Mr. Howe how much more parking than the zoning requirement is planned. Mr. Howe said they are providing slightly under 1 per 1,000. Mr. Beals said if a tenant does not need all the parking, he would be back to amend the plan to reduce the parking. Ms. Gonyer said this is an improvement to the water quality. She said the Order will not be issued until the Stormwater questions have been answer by Mr. Alves. She said the hearing can be continued to the August meeting. Mr. Smith -MacDonald asked if the fire suppression system that goes around the building is a water system. Mr. Howe said this is correct. There were no comments from the audience or virtually. Mr. Gallagher made the motion to continue the hearing to August 28, 2023. Mr. Smith -MacDonald seconded the motion. Motion passed 6-0-0 at 7:51 pm. 8. Old Business: • Approval of May 22, 2023 Minutes: Motion to approve the May 22, 2023 minutes (Roth/Gallagher). Motion passed 6-0-0 at 7:53 pm. • Department Updates: Ms. Gonyer said there is a public survey for the community to get feedback from the residents for the Open Space Plan. She is working with SRPEDD to update the plan. 9. Adjournment: Motion to adjourn at 7:56 pm (Gallagher/O'Hara). Motion passed 6-0-0 at 7:56 pm. The next meeting will be August 28, 2023 at 6:00 pm. 9 - z 2s Michael Healey, Chair Date W Conservation Minutes July 31, 2023