HomeMy WebLinkAboutCONSERVATION 01282013 Mansfield Conservation
Minutes RECEIVED
January 28,2013 4 C I C E}R S OFFICE
Present: Joseph Mulkern, Chairman; Colin Cauldwell,Vice Chairman; Christo ?fih M'ai�¢hts'�Ili
P �Ja►rxIs Ipitnbull; Carole
Matthew;Michael Healey;Elizabeth Leidhold,Conservation and Environmental Planner-
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1. Meeting called to order at 7:05 pm.
BOYDEN PRESENTATION
Lou Andrews, President of Natural Resources Trust (NRT), Leonard Flynn and John Russo, NRT Board of Directors, were
present.
NRT and the Mansfield Conservation Commission honored Mr. Boyden for his 40 years of service to the town. Mr.
Boyden was first appointed to the Mansfield Conservation Commission in 1969. He was presented with a plaque from
NRT for his service to the town, protecting the town's natural resources and his support of conservation issues.
Vice Chairman, Mr. Cauldwell, read proclamations from Natural Resources Trust and the Board of Selectmen. Mr.
Mulkern presented Mr. Boyden with a pin from the town.
State Senator James Timilty and State. Representative Jay Barrow were also on hand to present Mr. Boyden with
proclamations from the Massachusetts Senate and House.
Mr. Boyden extended his appreciation to the Board of Selectmen, NRT and especially to Agent Elizabeth Leidhold and
each of the Commission members.
Mr. Cauldwell thanked Michele White, who was not reappointed by the Board of Selectmen, for her service on the
Commission. Mr. Cauldwell said Ms. White is, without a doubt, one of the most knowledgeable, hardworking and public
spirited people he has ever served with and she will be missed.
2. Request for Certificate of Compliance: CBRE/New England,AMB Properties,33 Suffolk Road,Map 44,Parcels 502&
505.`DEP#211-0742
Joseph Coppola,Vice President of Prologis,previously known as AMB Properties,was present.
Mr.Coppola told the Commission his company is in the process of selling the AMB Properties holdings and during the title
search, it was discovered Certificates of Compliance were not issued for three of the properties. He said he requested
certificates for the three properties, hoping to be able to file the appropriate engineering letters for each property.
Unfortunately, the work at 33 Suffolk, DEP 211-252 and 50 Hamden Road, DEP 211-274 was done in 1988 before AMB
Properties'tenure. He said they have been unable to find any information for these two properties but will continue to
research.
Elizabeth explained the application for 33 Suffolk Road was for the construction of two overhead doors on an existing
loading dock, retaining wall, concrete pad and the relocation of a water line and installation of a hydrant within the 100-
foot buffer to a stream. Elizabeth said this predates the Riverfront Regulations. She said a letter was not required as part
of the Order of Condition,but because of the lack of information,she requested a letter be attached to the application.
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A letter, dated January 22, 2013, from William R. Buckley, a professional engineer of Bay Colony Group has been
submitted. Mr. Buckley inspected the property at 33 Suffolk Road to determine if the project was constructed in
accordance with the Order of Conditions issued by the Commission on November 29,2005 under DEP#SE 211-0742. Mr.
Buckley stated he inspected the property on January 22,2013 and found that the project was constructed substantially in
accordance with the approved plans with no deviations.
Mr. Cauldwell made the motion to issue a Certificate of Compliance for AMB Properties (now Prolog's), 33 Suffolk Road,
DEP#211-0742. Mr.Healey seconded the motion. Motion passed 6-0-0.
3. Request for Certificate of Compliance: CBRE/New England,AMB Properties,33 Suffolk Road,Map 44,Parcels 502&
505. DEP#211-252
Mr.Coppola is requesting a Certificate of Compliance on an Order of Conditions that was issued to Hamilton Realty Co.on
June 6, 1988, for work done at 33 Suffolk Road. The work on the property in 1988 involved the abandonment of the
existing septic system and the construction of a 4-inch force main within the 100-foot buffer of a drainage ditch. The
property was then purchased by AMB Property LP, now called Prologis, in 1997. The owner is currently trying to sell the
property but is unable to until the Certificate of Compliance is issued.
Mr.Coppola said he was unable to find information regarding this property and requested a continuation.
Mr.Cauldwell made the motion to continue the hearing for AMB Properties,33 Suffolk Road, DEP#211-252,to February
25,2013. Mr. Healey seconded the motion. Motion passed 6-0-0.
4.Request for Certificate of Compliance: CBRE/New England,AMB Properties,50 Hampden Road, Map 44, Parcel 703.
DEP#211-274
Mr. Coppola is requesting a Certificate of Compliance on an Order of Conditions that was issued to Cabot,Cabot&Forbes
on November 30, 1988. The proposed work on the property in 1988 involved the addition of a 105,000± square foot
warehouse to an existing building with associated parking, utilities, and stormwater system. The work occurred within
the 100-foot buffer of bordering vegetated wetlands(BVW)and involved the filling of 800 square feet of the BVW. AMB
Property LP(now called Prologis)purchased the property in 1997 and was unaware that the Certificate of Compliance had
never been issued for the work described in the Notice of Intent. They now wish to sell the property, but are unable to
until the Certificate of Compliance has been issued.
Mr.Coppola requested the hearing be continued.
Mr. Cauldwell made the motion to continue the hearing for AMB Properties, 50 Hampden Road, to February 25, 2013.
Mr. Healey seconded the motion. Motion passed 6-0-0.
5. Request for Determination of Applicability: Neil Levine,596 Maple Street,Map 39,Parcel 197.
The Request for Determination of Applicability was filed to repair an area of lawn damaged when a tree was brought
down during a storm within 100 feet of bordering vegetated wetlands.
Shawn Cairns of Advanced Lawn Care,a representative for Mr.and Mrs. Levine,was present.
During an inspection of a neighboring property, it was noticed by the Conservation Department that clearing and grading
activities had occurred within areas of jurisdiction under the state and local wetland protection regulations. Mr.and Mrs.
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Levine were notified that clearing or removal of vegetation within 100 feet of a bordering vegetated wetland requires a
permit from the Conservation Commission. The wooded area to the rear of the lot is within an area mapped as estimated
and priority habitat by the.Massachusetts Natural Heritage and Endangered Species program and would require review by
their department. No work has been done in the 25-foot area.
Elizabeth's comments: The property is within a Natural Heritage area and the Canoe River watershed area.The grade is
very steep in the back of the property and, because the homeowner is proposing to add fill to the backyard, Elizabeth
would like more detailed information about how much fill will be used. She said a plan should be submitted showing the
proposed grades. She asked about erosion controls to prevent any fill from entering the wetlands.
Mr. Cairns said some of the trees on the property were lost during the hurricane last year and the damage was done
when Mr. Levine cleared away the trees. He told the Commission that 200 yards of fill will be brought in to reduce the
slope,and make the backyard more usable. He said the homeowner will do whatever is necessary to restore the area. He
asked what the Commission would suggest to stabilize the area.
Because of the severe slope, Mr. Mulkern said there would have to be multiple rows of double-staked hay bales and silt
fence on the slope until vegetation has grown back. He suggested the work be done in the spring.
Mr. Healey said he does not want to put the burden on the homeowner who suffered a natural disaster, but adding 200
yards of fill is beyond just repairing hurricane damage. The Commission needs to know where the fill is going and how the
slope will be stabilized. The amount of fill brings the project to a new level.
Mr. Cauldwell asked that the slope be stabilized now. He said when the fill is brought in, serious erosion controls will
need to be in place. He asked that a plan be submitted showing the topography before and after the fill has been added.
He said the restoration would be a benefit to the property.
Mr.Turnbull said there is a big difference between repairing the lawn and extending the grading into the buffer zone.
Mr. Mulkern asked if the neighbor's property would be affected by the additional fill on this property. Mr.Cairns said the
neighbor's property would still have a higher elevation and would not be affected by run-off from the Levine property.
Mr. Cauldwell made the motion to continue the hearing for the RDA for 596 Maple Street to February 25, 2013., Mr.
Healey seconded the motion. Motion passed 6-0-0.
6. Request for Determination of Applicability: ForeMarc Realty,LLC,Chris Marcheselli,301 West Street,Map 20,Parcel
13.
Mr. Marcheselli is the applicant and recused himself.
The Request for Determination of Applicability was filed for the demolition of an existing house and driveway and the
reconstruction of a single-family home including replacement of driveway,re-landscaping,etc.,within the outer 100-foot
buffer zone to a bordering vegetated wetland and the 200-foot Riverfront Area.
Brad Holmes of ECR (Environmental Consulting & Restoration, LLC), representing Mr. Marcheselli, ForeMarc Realty LLC,
was present.
Mr. Holmes explained the site contains a single-family home with associated paved driveway, lawn and landscaping. An
existing above-ground pool has already been removed.There is a perennial stream located to the west of the site,on an
adjacent property. The site contains the following wetland resource areas within jurisdiction: Inland Bank of a perennial
stream,the 100-foot buffer zone to the top of the inland bank of the stream,the 200-foot Riverfront Area and the edge of
the 100-foot buffer zone of a wetland resource area. The property is not located within an area mapped as Priority
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Habitat& Estimated Habitat for Rare Species,there are no certified vernal pools and the site is not located within areas
mapped as Land Subject to Flooding.
Mr. Holmes said the existing home will be removed and a new single family home constructed. The new house will be in
the 200-foot Riverfront Area but further away from the perennial stream. The proposed driveway will be relocated to the
east of the existing driveway and outside the 100-foot buffer zone but within the 200-foot Riverfront Area. He said the
removal of two trees, located to the east (right side) of the house, will be necessary as part of the proposed driveway
work; Mr.Holmes said re-landscaping activities include loaming and seeding the existing degraded area where the above-
ground pool was removed and loaming and seeding the area where the existing driveway will be removed. Other
activities include the replacement of the lawn and landscaping beds.
Mr. Holmes said this project qualifies as redevelopment within a previously degraded Riverfront. He said a degraded
Riverfront Area is classified as an area that is degraded by impervious surfaces from existing structures or pavement
and/or lacks topsoil. He said the proposal is an improvement from the existing conditions versus what is proposed;there
is currently approximately 16.7%of degraded Riverfront at the site and the proposed project will result in a degraded area
of approximately 14.8%,decreasing the degraded Riverfront by 1.9%. The project complies with the riverfront regulations
and the buffer zone standards of the Mansfield Wetland Protection By-law.
Elizabeth was concerned about a wetland associated with the river on the property across the street from the project.
She said appears that someone has removed vegetation in this area as well Mr. Holmes said he looked at the site and
there has been some cutting. He said the wetland area across the street is approximately 92 feet from the edge of the
driveway at 301 West Street.
Elizabeth's comments: The work is proposed in the outer riparian zone to Robinson Brook; the property appears to be
very wet. She said the proposed project will result in less degraded area than currently exists and the existing impervious
surfaces and the house will be moved farther away from the perennial stream. This project is not within 50 feet of the
bordering vegetated wetland and there is already an existing house and lawn on the property. She said as planned,the
conditions of the site will be improved. She suggested a planting schedule be submitted, with plantings added to the
degraded areas.
Mr. Holmes explained plantings were not added to the plan because mitigation is not required when a proposed project
does not exceed the amount of existing degraded area at the site He told the Commission landscape plantings have been
added in the RDA application and will be used in association with the house, foundation, etc. The plants will be chosen
from a list of native plants that are acceptable for this site;herbaceous plants,shrubs and trees that would be a benefit to
this area
In order to protect the perennial stream to the west of the property, Mr. Holmes said erosion controls will be placed
along the down gradient side(western side)of the project area and at the front of the property prior to the start of work,
including the removal of the existing structures and foundation. ECR recommends the installation of strawbales,silt fence
or silt sock but will use whatever the Commission feels is applicable. Because the area is flat, Elizabeth suggested straw
wattles. The siltation controls are to be inspected by the agent and maintained until all work is complete and area has
been stabilized.
Ms. Matthew asked Mr. Holmes how this project, as proposed, meets the requirements of the Wetland Protection Act.
Mr. Holmes said the lot has one resource area,the Riverfront Area off-site there is a bordering vegetated wetland to the
perennial stream. He said you have to be inside of the resource area or have an adverse impact to the bordering
vegetated wetland;there is no adverse impact.
Elizabeth said, if.the.Commission decides to issue a Determination for this project, the following can be added as
conditions: the 100-foot Riverfront Area depicted on the plan may also depict the 100-foot buffer zone to bordering
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vegetated wetlands;the landscape plantings are to be selected from the attached list of native species and the plantings
reviewed by the Conservation Agent as the project progresses;siltation controls are to be inspected by the Conservation
(""\ Agent prior to the start of work.
Mr. Mulkern asked if the issue is only with the driveway. Elizabeth said there will be some grading associated with the
driveway. Mr. Holmes said the driveway will be removed and this area loamed and seeded. He said the lot is fairly flat so
there will not be significant grading needed other than for the construction of the new house.
Mr. Healey asked, if by demolishing the existing builidng, if anything changes as far as regulations. Mr. Mulkern said it
becomes new construction and the project would be held to the 50-foot setback.
Mr. Cauldwell asked that the wetland system across the street be added to the plan and plantings be selected from the
native species list:
Elizabeth would still like to see a planting schedule. This is an RDA filing and it is a riverfront project, which normally
would be under a Notice of Intent. She said she would like to inspect the site with Mr. Holmes and address the fact there
is a potential for wetland across the street. She said she is not willing to say this project is out of jurisdiction because of
the wetland across the street.
Mr. Holmes said the RDA was filed because the project is within jurisdiction. He said the Riverfront Area Redevelopment
Regulations(a,b,c)address the following:
1. The proposed work shall result in an improvement over the existing conditions. The project, as proposed, will
result in a less degraded area because the impervious surfaces and the structures have been moved farther
away from the riverfront. Because the project proposes less degraded area than currently exists on the site, Mr.
Holmes said the project is an overall betterment to the Riverfront Area
2. Stormwater management is to be provided in accordance with DEP standards. He said single-family homes are
exempt from Stormwater Management.
3. The work shall be no closer to the river than existing conditions. The new house will be further away from the
perennial stream and the degraded area has been reduced by 329 square feet, so mitigation is not required
when landscaping. He said the applicant will utilize native plants for the landscaping.
Mr. Cauldwell made the motion to issue a Negative 2 Determination for 301 West Street with the following conditions:
Siltation controls are to be inspected by the agent prior to the start of work; native plantings are to be used around the
foundation and landscape beds;the inner riparian zone also depicts the 100-foot buffer zone of the wetland area across
the street. Mr. Healey seconded the motion. Motion passed 5-0-1. Plans submitted: "Certified Plot Plan of Land in
Mansfield, MA", dated January 7, 2013. RIM Engineering Co., Inc. and "Proposed House Location Plan at No. 301 West
Street in Mansfield,MA",dated January 7,2013. RIM Engineering Co., Inc.
6. Abbreviated Notice of Resource Area Delineation: Robert Vann,Bismarck Real Estate Partners,
Inc.,229 and 243 School Street,Map 11,Lots 3 and 5. DEP#211-0897
Applicant requested the hearing be continued to February 25,2013.
Mr. Cauldwell made the motion to continue the hearing until February 25, 2013. Mr. Healey seconded the motion.
Motion passed 5-0-0.
7. Agent's Notes:
February, June and September minutes approved previously. Ms. Matthew asked that the September minutes be held
out for a correction.
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Mr.Cauldwell made the motion to accept the February 2012 and June 2012 minutes as written. Motion passed 4-0-2.
March,July,August, October and November 5, 2012 minutes need to be approved and signed. Ms. Matthew asked that
the October minutes be held out for correction.
Mr. Cauldwell made the motion to approve the March,July, August and November 5,2012 minutes as written. Motion
passed 4-0-2.
Elizabeth received an e-mail from Mr. Ross asking that a representative from each committee or board be present for a
budget review meeting on Saturday, March 2nd. More information to follow.Mr. Mulkern said he will attend the meeting.
There will be a pre-construction conference at the District 5 Administration Building in Taunton for MassDOT, for the
resurfacing and bridge repairs from Mansfield to Norton on 1-495 on Thursday,at 10:00,on January 31,2013. Mr.Healey
said he would attend the meeting.
An e-mail attachment was forwarded to all the Commissioners regarding the solar panels at Covidien, 777 West Street.
All the work has been moved out of the 100-foot buffer. Elizabeth said there are still stormwater issues.
Meeting for the potential Norton Bike Path: Elizabeth said the bike path is in a sensitive wetland area in Mansfield.
Because he has some experience with bike paths and bike lines, Mr.Turnbull said he would be the representative for the
Commission. Elizabeth said she received the information about the bike path from Jennifer Carlino, the Norton
Conservation Agent,in an e-mail. SRPEDD will be contacting the Commission with additional information.
8. New Business:
9. Old Business:
3 Kybren Circle: Elizabeth told the Commission the Certificate of Compliance,approved at the December meeting,has not
been issued, because approval was contingent upon the signs being property installed and verified by the agent.
Elizabeth will inspect the property.
Mr. Turnbull asked about the signs. Mr. Cauldwell said the Commission requires the signs when there is not a real
delineation. The signs read"Environmentally Sensitive Area—Do Not Disturb".
Mr. Healey said people unknowingly are in violation because they do not realize they are in a sensitive area. The signs
remind homeowners of the sensitivity of these areas.
Mr. Mulkern said the property across from 301 West Street where cutting has occurred, should be inspected. Elizabeth
said once the snow cover is gone, she will do a site visit. She will check with Richard Alves,Town Engineer, to see if the
town is doing any utility work in this area. After the site visit,she will send a letter to the owner of the property.
Mr. Cauldwell told the Commission that the MACC annual Environmental Conference will be held on March 2nd at Holy
Cross in Worcester. He said there are conservation-related workshops and training and exhibitor tables. Anyone wishing
to attend any of the workshops will be reimbursed for the cost to attend.
Mr. Cauldwell told the new members that,in addition to the regulatory part of conservation,the Commission manages all
the conservation land. He said he does a lot of Eagle Scout projects on the conservation land and there are a lot of
opportunities for the new members to participate He said Michele White did a tremendous job working with high school
students to get the trails marked. She also worked with the GIS Department,to create updated maps of all conservation-
owned land and created hunting maps, designating areas where hunting is allowed. She was also involved with the
Community Garden.
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10. Adjournment:
Motion to adjourn(Cauldwell/Matthew)Passed.
Next meeting will be February 25,2013 at 7:00 pm.
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Joseph Mulkern,Chairman Date
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