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HomeMy WebLinkAboutConservation Comm 05/18/2026V MST Town of Mansfield 6 Park Rom, AIausfield,, Alassaehusetts 02048 8q ASAO�S�p Conservation Commission Meeting Minutes 5.18.2026 Present: Mr. Michael Healey, Chair, Mr. Robert MacDonald, Mr. Aaron Roth, Mr. Ryan O'Hara, Mr. Jonathan Hedlund and Ms. Katelyn Gonyer, Conservation and Environmental Planner Guests: Mr. William Clemmey, Mr. Rich Riccio, Field Engineering, Ms. Sam Ajansku, Lincoln Property Management, Attorney, Michael McDermott, Dain, Torpy, representing 120 and 130 Forbes Blvd Town Counsel, Attorney Anthony Riley, from Harrington Heep. Virtually Mr. Thomas Lewis from Tec Associates, Mr. Brian Mazas and Mr. Jason Brage from NEFEC, Ms. Julie Trombley, Lincoln Property Management, and Mr. Collin Caldwell, National Resource Trust Minutes: Ms. Sharon Varricchione 1. Call the Meeting to Order: Mr. Michael Healey opened the meeting at 6:07pm. 2. Continued from 4/27/26 meeting, Notice of Intent (NOI), William Clemmey, 40 Cobb St., for the construction of a single-family dwelling with a paved driveway and associated grading with 100 feet of an Inland Bank of Back Bay Brook. Ms. Gonyer spoke about a new single-family dwelling with associated parking and grading just north of the previous two single family Cobb Street lots recently heard in the April meeting. The work was proposed within the 100-foot buffer zone to the Inland Bank of the Intermittent Stream associated with Back Bay Brook, located northwest of the proposed house. The majority of the work and structure is located outside of the 50-foot buffer zone, with only minor grading proposed within the 50-foot buffer. The proposed house is 38' x 26', with a 20' x 26' proposed future addition, an Order of Conditions would need to remain valid in order for future work to proceed. Mr. Clemmey reiterated the information that Ms. Gonyer stated and added that the only thing that may change is the fencing. Instead of the post and rail fence they may use a chain link fence due to his daughter's dogs. Mr. Healey and Ms. Gonyer mentioned that if the hearing was closed tonight, that Mr. Clemmey would need to come in front of the commission if they wanted to move forward with the proposed addition. Mr. Clemmey agreed to remove the "future proposed additions" from the proposed plan Motion: to issue an Order of Conditions to William Clemmey, 40 Cobb St. (DEP SE 211-1029), for the construction of a single-family dwelling with a paved driveway and associated grading with 100 feet of an Inland Bank of Back Bay Brook (Intermittent Stream) with the following special conditions #1-13, 16,17, 24,25: 1. RECORD ORDER 10. PERMIT ON -SITE 2. PLAN OF RECORD 11. WETLAND FLAGGING 3. LIMIT OF WORK 12. CDC WITH AS -BUILT. 4. ADDITIONAL MITIGATION 13. REVISIONS TO BE REVIEWED 5. STABILIZATION 16. SIGNAGE FOR RESIDENTIAL PROJECT (4 discs) 6. ROOF RUNOFF 17.NO SYNTHETIC CHEMICALS 7. CONSTRUCTION SEQUENCE 24.DUMPING OF LAWN CLIPPINGS ISPROHIBITED 8. START WORK NOTIFICATION. 25.KNOTWEED MANAGEMENT 9. PRE -CONSTRUCTION MEETING Conservation Commission Meeting Minutes 4.27.2026 Page 1 of 5 Additional Special Condition: that the chain link fence is added Passes: 5:0 (O'Hara/Roth) 3. Request for Determination of Applicability (RDA), Thomas Lewis, to review the wetland boundary and proposed vegetation management activities along the railroad AMTRAK right-of-way (ROW) Operated by Tec Associates as part of the renewal of the five-year Vegetation Mansfield Plan (VMP). Ms. Gonyer shared that this RDA happened every five years and that the only area subject to jurisdiction under the Massachusetts Wetlands Protection Act and the local Wetlands Bylaw including Limited Spray and No Spray Zones was the segment where the Amtrak line runs from the Attleboro Town line to School St and from Route 495 to the northeast and ends just before Copeland Drive with a small section at Chauncy St and at the Foxboro Townline. Vegetation management activities in this location would be conducted in accordance with applicable wetland protections, and chemical vegetation control would be restricted in this resource area to ensure compliance with state and local regulations. The application from Mr. Lewis from Tec Associates who represented AMTRAK — National Railroad Passenger Corp., requested a Positive Determination for Reason #2a -boundaries of resource area are accurate. This was discussed at a previous hearing for the MBTA and Ms. Gonyer advised against this as the wetlands were shown using GIS data. After further research with MADEP, the Commission does not necessarily need to approve or certify a precise wetland boundary in detail under a Positive 2a Determination, they just needed to verify that the work will occur in the vicinity of the surrounding wetlands. Ms. Gonyer was comfortable issuing a Positive 2a Determination along with a Negative 3 (work will not impact the resource area). Motion: to issue a Positive Determination for Reason #2a (boundaries of resource area are accurate) and Negative Determination for Reason #3 (work will not impact resource area) to Thomas Lewis, to review the wetland boundary and proposed vegetation management activities along the railroad AMTRAK right-of-way (ROW) Operated by Tec Associates as part of the renewal of the five-year Vegetation Mansfield Plan (VMP) with the following special Conditions: # 2,3,4,8,10,13,24,25 2. PLAN OF RECORD 10. PERMIT ON -SITE 3. LIMIT OF WORK 13. REVISIONS TO BE REVIEWED 4. ADDITIONAL MITIGATION 24. DUMPING OF LAWN CLIPPINGS IS PROHIBITED 8. START WORK NOTIFICATION 25. KNOTWEED MANAGMENT PLAN Additional Special Condition: to issue a Determination of Applicability for VMP for 5 years. Passes: 5:0 (Hedlund/MacDonald) Conservation Commission Meeting Minutes 4.27.2026 Page 2 of 5 4. Amended Oder of Conditions (AOOC), New England F.C. (NEFC), 283 Gilbert St., SE 211-1008, request to amend the existing OOC issued on 2/15/24 to propose modifications to the approved access road, filling of a Bordering Vegetated Wetland with replications, installation of Stormwater Management Structures and regrading associated with parking lot to an artificial turf field. Ms. Gonyer mentioned the current OOC expires February 15, 2027, and the applicant requested a (3) year extension. The access road has been cleared and the gravel drive has not been installed. This amendment included the gravel driveway increasing from 18-feet wide to 24-feet, the installation of stormwater management (SWM) structures, wetland mitigation area included relocation and an increased ratios from 1:1 to 2:1 and grading for the proposed fields, parking areas and SWM features. She suggested to continue the hearing to the next month until they had SWM approval from the Town Engineer and to use the meeting tonight for any information the commissioners needed for this project. Mr. Riccio talked about the project modification starting with the increased access driveway size which would be paved, berms and catch basins with a complete SWM system in which they are reviewing with the Town Engineer. The majority of the work is outside of the wetland jurisdiction and there is no grading within 50-feet. He added that they proposed a parking area with 243 parking spots and 37 overflow spots that can be shared with the conservation land. The additional parking was discussed with the Town and they thought it was good. He talked about the materials that would be used for the turf fields that had a high infiltration rate and that they would be going to review this project with the Planning Board on May 27, 2026. The Commissioners, Mr. Riccio, and Mr. Brage from NEFEC discussed the proposed automatic electric gate that would be towards the entrance, it would be open during the day and when closed you could still exit and it would lock after you left. Mr. Mazas from NEFEC There would be a sign of information in case the gate did not work and who to contact. Ms. Gonyer explained it was a good idea to have a gate for safety reasons. Commissioner Roth questioned if the additional parking was needed in the resource area as he was concerned about the natural habitat. Mr. Mazas mentioned added that the parking was based upon the capacity of who would be going to the fields and that the additional parking was really for the Town. Ms. Gonyer suggested reducing the outside spots closest to the 50ft resource area and Mr. Riccio agreed. Mr. Mazas mentioned they have a parking space calculation based upon two and a half fields. Mr. Riccio told the Commissioners they could review this information in the Planning Board presentation. Mr. Caldwell, from National Resource Trust (NRT) explained they were abutters to this property and that there were trails in their area. They are looking into putting in their own parking so they were all set. He also mentioned vernal pools that don't exist anymore. Ms. Gonyer stated that Natural Heritage received falsified vernal pool information so they did a full extensive study to verify that they were not vernal pools and that they were falsely identified. Mr. Caldwell inquired about the materials used for the fields where any water would flow. Mr. Mazas shared that there were no hazardous materials and the materials were certified. Mr. Riccio stated that any water on the fields should go straight down into the ground. Commissioner Roth inquired about mowing and trash. Mr. Riccio informed the Commissioner that there was an Operation & Maintenance Plan in the Stormwater Management Plan that speaks to regularly maintaining the shoulders of the access drive along with a stipulation to have trash picked up regularly from the area. They will also be monitoring the encroachment of invasive species within the access layout. The basins will continue to be maintained annually. Mr. Riccio will continue to work with the Town Engineer to finalize the SWM plan design. Conservation Commission Meeting Minutes 5.18.2026 Page 3 of 5 Motion: to continue this hearing to the next scheduled hearing on June 29th to receive the approval of the SWM plan from the Town Engineer along with the previously discussed revisions. Passes: 5:0 (MacDonald/Hedlund) S. Extension of Oder of Conditions (OOC), New England F.C., 283 Gilbert St., SE 211-1008, for a three-year extension to the DOC issued on 2/15/24 for the installation of access driveway including filling of a Bordering Vegetated Wetland with replication. The existing permit is set to expire on 2/15/27. Ms. Gonyer mentioned the current OOC expires February 15, 2027, and the applicant requested a (3) year extension. She suggested to vote on this at the next meeting. Motion: to continue item #5, regards to extend the Original Order of Conditions DEP SE 211-1008 for 3 years from the original expiration date to the next meeting. Passes: 5:0 (Hedlund/MacDonald) 6. Extension of Land Disturbance Permit, Emily Miller, 19 Knight Way, request for a three-year extension of the Land Disturbance permit issued on 10/9/24 for the clearing of land over 1 acre. The existing permit is set to expire 10/9/27. Ms. Gonyer stated the property was issued a Land Disturbance Permit in 2024 for the clearing of over one (1) acre of land for the construction of a school and the removal of an existing house. The majority of the work has been completed for some time; however, there are still activities that need to be conducted, which may not occur in the near future. The LDP is set to expire on 10/9/27. Motion: to extend the Original Land Disturbance Permit for an additional 3 years from the original expiration date. The Order is now set to expire on October 9, 2030. Passes: 5:0 (Roth/MacDonald) 7. New/Old Business Enforcement Orders (EO), update and review of six issued (6) EOs for the multiple ongoing violations located at 120 Forbes Blvd., 130 Forbes Blvd., 505 West Street, 509 West Street, 493 West Street and O'Reilly Tree Service Ms. Gonyer stated at the April 27, 2026 meeting the Forbes Blvd and West Street representation and legal representation all agreed to create and sign a Memorandum of Understanding (MOU) by the May 6", 2026 hearing deadline. The Commission only received signed correspondence from 130 Forbes Boulevard on May 5, 2026, and from 120 Forbes Boulevard on May 6, 2026, at approximately 3:00 PM. An unsigned Memorandum of Understanding (MOU) from O'Reilly Tree Service and the representative of 509 West Street was received after business hours at approximately 8:30 PM on May 6, 2026. The unsigned MOU submitted by O'Reilly Tree Service/509 West Street had not been provided to representatives of 120 Forbes Boulevard or 130 Forbes Boulevard for review or approval prior to its submission to the Conservation Department. No statements or correspondence were received from legal counsel representing 505 West Street or 493 West Street. In the absence of such an agreement, Ms. Gonyer and Town Counsel advised to pursue injunctive relief to enforce the Town's Wetlands Protection Bylaw, the Massachusetts Wetlands Protection Act, and the Commission's Enforcement Orders. Conservation Commission Meeting Minutes 5.18.2026 Page 4 of 5 Town Counsel further advised that, while 120 Forbes Boulevard and 130 Forbes Boulevard would remain involved in the legal matter due to impacts occurring on their properties, the information submitted to date supports that they are not the responsible parties for the violations and they may participate in the legal action as interested parties and/or plaintiffs alongside the Town against the responsible parties associated with O'Reilly Tree Service and the West Street properties. Motion: to authorize Town Counsel to seek approval from the Select Board to initiate litigation on behalf of the Conservation Commission for injunctive relief to enforce the Town's Wetlands Protection Bylaw, the Massachusetts Wetlands Protection Act, and the Commission's February 17, 2026 Enforcement Order 493 West Street, 505 West Street, 509 West Street, 120 Forbes Boulevard, and 130 Forbes Boulevard, including all individuals and entities in control of those properties and/or responsible for the violations, and to authorize Town Counsel to prepare and file all necessary legal documents and take all actions necessary thereto. Passes: 5/0 (MacDonald/Hedlund) • Fee Schedule: Review of proposed revisions Ms. Gonyer stated that they had discussed the fees before and that they are not going up substantially and compared to other towns they are in the middle. She would like to have the fees voted on at the June meeting. • April 27, 2026 minutes for review and approval Motion: To approve the April 27, 2026 minutes. Passes: 5:0 (Roth/Hedlund) • Next Meeting Date: 6/29/26 at 6pm. The deadline for submissions is June 10, 2026 8. Adjournment: Motion: To adjourn to adjourn 8:09pm. Passes: Passes: 5/0 (Roth/Hedlund) n 3A 2_e? 2s2� Name I to Conservation Commission Meeting Minutes 5.18.2026 Page 5 of 5