HomeMy WebLinkAboutCONSERVATION 03082010
Conservatioii Minutes
March 8, 2010
Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Derek House; Carole
Matthew; Jack Smith; Colin Cauldwell; Michele White; Elizabeth Leidhold, Conservation
and Environmental Planner.
Meeting called to order at 7:05 pm.
11. Request of Deterrninationof Applicability: CSX Transportation, Inc.
CSX has been on the agenda since January; at the last meeting, the board asked that a
letter be sent to the representative to let him know the RDA would be denied if a
representative did not come to the meeting. A representative was not present at
tonight's meeting.
Colin Cauldwell made the motion to deny the permit for CSX Transportation without
prejudice; applicant will have to re-submit and pay filing fees for both submittals.
Jack Smith seconded.
Motion passed 7-0.
Hearing ended at 7:07 pm.
2. Notice of Intent: Maple Leaf Realty TrUSt, 557 Maple Street - Map 38 Parcel 46.
DEP #211-0842.
Hearing continued from February 22, 2010 meeting.
Proposed project: driveway to service two single-family dwellings. Crossing of an
"intermittent" stream and bordering vegetated wetlands with replication.
Michael Trowbridge, hutchins-Trowbridge Associates, Inc. was present.
Elizabeth told the board, because of the scope of the work, she feels a third party
consultant should be hired under 53G and the Mansfield By-law. She said her hours do
not allow her to do the work involved with this property. Resource areas include
bordering vegetated wetlands, bank impact ahd restoration, stream crossing standards,
limited project provisions, ACEC and intermittent/perennial streams. The property is not
within a Rare Species area.
Derek House made the motion to hire a third party consultant for 557 Maple Street.
Motion passed 7-0.
Colin Cauldwell made the motion to continue the Maple Street hearing to April 12, 2010.
Derek House seconded.
Motion passed 7-0.
Hearing ended at 7: 18 pm.
3. Notice of Intent: Alexandria Real Estate ~quitles, Inc., Smith & Nephew, 130 Forbes
Boulevard - Map 44 Parcel 222. DEP #211-0845.
Edward Valanzola, attorney for Smith & N~phew, David Mackwell, Kelly Engineering
Group, Inc., John Rockwood, Geo-Tec, IhC., Geary Munroe, Vice President of Global
Operations, Smith & Nephew and Denise parehte were present.
An amended plan, "Site Development Plans/i dated February 5, 2010, revised March 3,
2010 has been submitted.
On March 1, 2010, Elizabeth and Carole Matthew met with John Rockwood on site to
review the board's suggestions from the, February 2200 meeting. Phragmites, an
invasive species of grass, were not foUnd in or around the pond during the site
inspection. The area proposed for the wetlahd creation/restoration was found to be a
good location. ' ,
John Rockwood has submitted a Wetland Creation/Restoration Protocol and Buffer Zone
Enhancement Planting Specifications.
David Mackwell said to off-set the impact ,to the 25 ft. buffer area, the applicant is
proposing to create approximately 11,000 sq. ft. of new bordering vegetated wetlands
(BVW) to eliminate a finger of upland, loCated to the southwest of the parking lot. To
enhance the buffer area trees and shrubs will ,be planted to the south of the parking lot.
An additional modification to the plan is a, post and rail fence to be installed at the
southern end (rear of the property) of the, parking lot, at the edge of disturbance.
Enhancement plantings will make the grbund cover more dense and along with the
fence will limit access to the wetlands in this area.
The board asked that signage reading "t::lwir6nmentally Sensitive Area-Do Not Disturb"
be installed along the tree line south of the parking lot. Dave told the board the signage
is not noted on the amended plan; he would like the location, size, number of signs
required and wording approved by the board;
Dave said they have added an enhanced sHow management policy to the O&M plan,
defining additional areas for snow removal within the site plan and have created a plan
as to what is to be done, when it is to be done and how it is to be managed-how the
snow would be removed from the paved areas and locations not to be used for snow
storage. The site grades have also been Ibdked at. By November 15th of every year, a
line of straw waddles will be placed at the toe of slope, just inside the fence and each
spring will be removed along with any trash and accumulated sand.
He said they have responded to comments Uilemorandum dated March 8, 2010) made
by Rick Alves, the Town Engineer. Comment #1 - the site plans have been undated to
include the vertical datum and the horizohta,l orientation. Comment #4 - Test pit logs
and location, with estimated high groundwater (water table and permeability rate) need
to be performed prior to approval: Dave told the board the applicant does not have a
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problem performing test pits, but would have preferred to do the test holes prior to
construction during the dry season. Dave said this will be done as soon as possible.
Dave said he will call Dig Safe tomorrow and hopefully will be ready by Friday.
Rick said the water table should be determined this week; he suggested possibly this
Wednesday. He said establishing the Water table is essential and revised drainage
calculations need to be submitted because the elevations have been changed and the
plan needs to reflect these changes. Dave Mackwell said he will call Dig Save and
hopefully will be ready by Friday.
Michele White asked about the plantings for the wetland creation/restoration area and
buffer zone plantings. John Rockwood said both plans were in the letter from EcoTec,
Inc., dated March 3, 2010.
John said the buffer zone enhancement area, noted on the plan, is approximately
11,000 sq. ft. in size, south of the existing parking lot, within the tree line. One-
hundred (100) native shrubs will be planted within the 25 ft. area. Plantings will be
upland species - berry producing as well as larger shrubs of tree species. The shrubs
will increase the plant diversity. A total Of 9 shrub species and 3 tree species will be
used. The plantings proposed are on page 5 of the letter dated March 3, 2010. Plants
will be monitored by a wetland scientist for two (2) growing seasons with annual reports
submitted to Conservation.
The Wetland Creation/Restoration Area Protocol will convert approximately 975 sq. ft. of
upland near the southwestern corner of the parking lot to a forested swamp area. The
elevation in this area will be lowered - approximately 1-1 V2 ft. of material will be
removed. To access this area for excavation, approximately 145 sq. ft. of BVW will be
impacted to preserve a red maple tree. This area will be restored as part of the wetland
creation. The procedure for the creation/restoration is outlined in the letter of March 3,
2010.
John told the board this area will be planted with wetland species: 11 saplings, 45
shrubs and 18 herbaceous plants. Shrubs, saplings, and plants will be planted among
existing trees and shrubs to create an area of dense shrubs and ground cover. In
addition, logs, leaf litter and woody debriS will be added to enhance the habitat value.
The plantings proposed are on page 4 of the letter. Plants will be monitored for two (2)
growing seasons with annual reports submitted to Conservation.
Elizabeth and Carole Matthew were surprised at the quality of the pond. Elizabeth said
trash, grass clippings and leaves have been dumped in the buffer area. She said this
should be part of the Order of Conditions - no dumping within the buffer area. She said
the fence at the limit of work and the addition of the shrubs and signage in this area will
increase awareness of the resource area.
Elizabeth also suggested the following:
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1. The Wetland Creation/Restoration Area Protocol and Buffer Zone Enhancement
Planting Specifications from EcoTec, Inc. become part of the Order of Conditions
(OC).
2. The O&M plan for the stormceptbrs and all drainage BMPs become part of the
orders, to be attached to the Oc.
3. Emergency contact name and number be included in the O&M plan. (Dave
Mackwell told the board this informatibn has been included on the 1st page of the
O&M.
Elizabeth initially asked that silt fence, doWn gradient of the snow storage area be added
with double-staked hay bales to be toed In. bave said the plan calls for straw waddles.
She said the straw waddles would be fine as long as they are checked frequently.
She had asked that silt fence with staked hay bales be installed in the
creation/restoration area but now feels the erosion controls are not necessary. John
Rockwood said they are proposing silt fence only on the wetland line because it is a flat
area. She asked that she be called for Inspection of the erosion controls, DEP signage,
etc. before any work starts.
Elizabeth suggested the hearing be closed. tonight pending the water table analysis and
revised drainage calculations. If based on the revised drainage calculations a change in
the plan has to occur, unless it is small enough to be considered a field modification, the
applicant would have to come back for ail amended Order of Conditions. Derek House
would like to postpone approval until the engineering comments have been satisfied.
She asked if he also wanted ZBA and planhing Board approvals. Attorney Valanzola
asked that the board not make the approVal Subject to Planning Board and ZBA approval.
Paul agreed with Attorney Valanzola.
Colin Cauldwell made the motion to accept the plan as drawn, dated February 5, 2010,
revised March 3, 2010, for 130 Forbes Boulevard, DEP #211-0845 with the following
conditions: water table analysis and revi~ed drainage calculations be submitted and the
results and/or changes be communicated to the board; erosion controls installed as per
conservation specifications; erosion controls to be inspected by the agent before work
begins and remain in place until all work is. completed and area is stabilized and re-
vegetated; all flags and remnants of siltation controls to be removed after project is
completed; installation of signage on 50 ft. centers to read "Environmentally Sensitive
Area-Do Not Disturb" to be place on metal posts, approximately 3-4 ft. off the ground in
front of the fence; an O&M plan for the stdrmceptors and all drainage BMPs will be
attached as special conditions; the EcoTec, Int. letter, dated March 3, 2010 will become
actual orders of the Order of Conditions; tio dumping of trash, leaves, grass clippings in
the buffer zone will be added as a special condition.
Derek House seconded.
Motion was amended: signage to be attachEld to the fence not metal posts and Derek
House asked that any infringement on the wetlands by snow removal will be fineable at
minimum.
Motion passed 6-1. Michele White, Joe Mulkern, Paul Boyden, Carole Matthew, Jack
Smith, Colin Cauldwell - aye. Derek House - hay.
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Hearing ended at 7:56 pm.
4. Mansfield Municipal Electrical Department, Bird Road Electrical Substation, Map 39
Block 38 - DEP #211-0846.
Notice of Intent was filed for the constrUctloh of a new electric substation adjacent to
the National Grid (NGRID) transmission right-of-way.
Gary Babin, Director of the Electric DepaH:m~nt, Alan Rice, Electrical Engineer for the
project, and Roger Alcott, Project Manager, Weston & Sampson Engineers, Inc., were
present.
Gary Babin told the board the project is hecEissary to accommodate load growth in the
town. 5 possible parcels for the substation Were evaluated and the Bird Road site was
deemed the most favorable. He said all Work would be out of the 50 ft. no touch area
as per the board's request. In order to not have any construction within the 50 ft.
buffer, the design has been modified - a gate has been removed from the back of the
site. He told the board the latest projection Is to have the substation in service by 2013.
Gary said National Grid has gone thru th~j)ermitting process with Conservation and is in
the process of installing the transmission line to supply the substation.
Alan Rice of PLM Power Engineering, the Electrical Engineer for the project told the
board the parcel is owned by National Grid and is approximately 4 acres in size.
National Grid has restricted the substatioli pr6ject to 1 acre of land off to the side of the
existing transmission right-of-way; Natidhal Grid will not allow any structures above
ground to the eastern side where the rlght"of-way is. They need to preserve their
access and future options in this area.
Mr. Rice said a wall will be placed aroUhd the perimeter of the site for security and
aesthetics as well as extensive landscaping to mitigate the impact. Access to the
proposed site will be from Bird Road.
Roger Alcott, Project Manager from Weston ~ Sampson Engineers, Inc., told the board
the plan is the same plan submitted a month ago with minor revisions; changes have
been made to the grading and some fine tuning of the drainage system inverts and how
things are laid out and finalized. He said the site lay-out was done to minimize the
impact to the area by providing permeable pavers at the entrance to the site and the
driveway will be stone to encourage as mUch Infiltration into the ground as possible. All
areas around the enclosure building and the transformer will be stone surfaces as well.
A portion of the driveway will be asphalt 56 it can be plowed and maintained.
Roger told the board a 12 ft. concrete Wall system will be placed around the perimeter
with a retaining wall added, increasing the wall height to 20 ft.
He told the board the NO! was reviewed by the Engineering Department. Most of the
Engineering comments have been addressed; new information was submitted today
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(March 8th) to Conservation. Rick Alves, IntElrfm Town Engineer, said all items on the
punch list and previous memorandums hal/e been satisfactorily addressed.
Elizabeth said DEP had no comments. The project is in a Natural Heritage Area; these
issues have been addressed by the oUts,ide consultant - Mark Grguroic, of
Swampwalker's Wetland Ecosystem specialists, was hired to do a Rare Species
Evaluation for the site. She said the applicant has done a lot of work to stay out of the
50 ft. area by moving the structure back: She said some of the wetlands flags are down
and they will have to be re-hung.
She asked that silt fencing and hay bales shoUld be placed at the limit of work on the 50
ft. line before any work begins.
Paul Boyden asked if there are any stream crossings involved with the project and said
the Electric Department would have to file again If there are. He asked how long before
the new substation would be out-dated. Gary Babin told the board, in regards to power
needs of the town, that the substation wbuld serve the town for 30 years.
Derek House commented on the project; he thlMks the proposed substation looks good.
He said the applicant has done a great job kEleping the project out of the 50 ft. no touch.
He said if the project goes beyond 2013, the tlectric Department would have to apply
for an extension of the Order of Conditions.
Gary addressed the comments made by Dere~. He said they tried hard to work with the
neighborhood to develop a landscaping and fehcing plan that would be acceptable. He
said several public meetings were held with the neighborhood, especially the direct
abutters, seeking input from them befor~ any landscaping/fencing plan was developed
to mitigate the impact as much as possible.
Gary told the board six abutters were tiptif1ed of the hearing tonight, the only
requirement under the rules and regulation for this type of meeting. An additional 94
letters were sent to people In the area to. make sure everyone was aware of the meeting.
"We've tried real hard to involve and work wi~h the neighborhood to the extent we could
and accommodate their comments and cohcerhS".
Abutter Michele Woods, 61 Bird Road asked about the wetlands on the property.
Derek House asked about the Order of Conditions; he said it is only valid for 3 years.
The projected date of completion is 2013, He asked the board if they wanted to issue
the Order of Conditions now and renew It If neCessary or wait to issue until the applicant
is close to construction. Gary told the bOard the 2013 date is the in service date. He
said they intend to go before the Planning Board April ih for site plan review and they
have a bonding article in front of Town Meeting to borrow up to 8 million dollars to
support the construction costs of the substatloh. National Grid is on a parallel process
to MMED; the applicant will not actually purchase equipment or start site work until
National Grid gets their approval for the transmission line. He said they will probably
start the site work and construction mid 2011, with the substation in service by the
summer of 2012.
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Colin Cauldwell made the motion to accept the plan as drawn - plan dates; Sheets 1-4
dated February 23, 2010, Sheet 5 Grading ahd Drainage Plan dated March 8, 2010,
Sheets 6-8 date stamped March 8, 2010 (Sheet 6 Planting Plan, Sheets 7 and 8 Details),
Sheet 9, Details, Revision date March 5i2010, Sheet 10, Details, dated February 23/
2010/ Sheets 11-12, Details, date stamped March 8/ 2010; DEP #211-0846, for the
construction of MMED Bird Road Substatldh with the following special requirements: silt
fence/hay bale line will meet the criteria ~et forth by Conservation - details In office; silt
fence/hay bales to be inspected by the agent before any construction begins; when area
is re-vegetated/ all flags and silt fence/hay bales are to be removed; wetland flags that
are down to be replaced as per Elizabeth; wetland flags are to remain on site during
construction; O&M plan to be incorpdfated into the Order of Conditions; a final
inspection will be required along with the submittal of an as built when a Certificate of
Compliance is requested.
Derek House seconded.
Motion passed 7-0.
Gary Babin thanked Elizabeth for working with MMED on the project.
Hearing ended at 8:26 pm.
I 5. Old/New Business:
ANRAD for Ware Street - #211-0844: Elizabeth sent out 4 Requests for Proposals (RFP)
for Ware Street. She has received 3 bids back - Epsilon/ BSC and Wetland Strategies.
She has selected BSC Group. A check fOr $1/700 has been submitted and the money
will be put into a dedicated, interest bearihg account.
Clemmey properties - Elizabeth spoke with Chris Ross on February 9/2010.
South Main Street: This is the parking lot for the Comcast Center. Chris said they have
constructed the detention and infiltration basins.
The detention basin was constructed as mitigation for run-off. Come spring,
Conservation should take another look at the site.
Because of the trailers on this site, the area Was basically an impervious surface; now
that the trailers have been removed, it is hoped the parking lot will be more permeable.
The file is stili opened.
175 Essex Street (Map 35, ParcelS) #211-0748: They have done all their plantings.
Chris was on site in November; looks good. Chris reminded the board the town of
Mansfield is not involved with this site b~cause it is with the Attorney General's office.
Phase 3, in the monitoring stage/ has been constructed based on amended plan. A copy
of the amended plan will be sent to Conservation and Shaun Burke.
South Main Street: this is a parking lot for the Comcast Center. Detention and
infiltration basins have been constructedi detention basin constructed as mitigation for
runoff. Come spring/ Conservation should take another look at the site.
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St. Mary's Church: the back of a swale on the property has broken out, allowing run-off
from the parking lot to flow onto NRT I,Hid, causing gravel to flow into an intermittent
stream and eventually into the Canoe J?;iver. Elizabeth has been in contact with the
grounds-keeper for the church; he has looked at the problem and will submit a letter
requesting to be put on the agenda. He is wlllihg to work with Elizabeth and the board
to fix the problem.
Elizabeth asked the board for help:
. She needs someone to write explanations for the two warrants place on Town
Meeting; the first article is for the temoval of fees from the by-law, the second
article is to amend 2.5 of the by-law; TOWn Meeting has been moved to May 4th.
Michele White said she would write the explanation for fee removal.
. She asked that if a board member sees a violation, they should document the
violation with photographs and a Written summary and present it at the next
meeting for discussion. A "Cease and Desist" can be issued; it would have to be
ratified at the next meeting.
. Needs a letter written to the Selectmen, asking for their approval and support
for the land transfer of the Gilbert Street parcels. Planning Board should be cc'd on
the letter. Colin was asked to confer with Lou Andrews and write an appropriate
letter.
The board discussed the new fee schedUle. With the removal of the fees from the by-
law, the board will have the power to change the fees without going to Town Meeting.
Some of the fees need to be further defined. fhe schedule will be discussed at the next
meeting after the board has further revieWed the fees.
Paul Boyden made the motion to continue the fee discussion to March 22, 2010.
Colin Cauldwell seconded.
Passed 7-0.
Vichery gift of land on South Main Street: the board has agreed to fund the title search.
A Conservation Restriction will be placed oh the land.
The Finance Committee is setting up appointments with the departments for budget
talks. The Commission would like to be ihvolved in the discussion.
April 2nd is the last day to take the ethic's test.
23 Lakeview Avenue #211-0780: the bo~rd feels the plan is not sufficient - appears to
be the same plan submitted previously. Elizabeth will contact Brandon Moss.
Vernal Pool #1968, Maple Street, Lester Epstein - Map 40, Parcel 92: Letter with plan
attached was received February 25, 2010 from Richard A. Nylen, Mr. Epstein's attorney.
The plan appears to be the same plan previously sent to the board. The board feels the
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plan is insufficient - Mr. Epstein was su~posed to hire a PWS to design and submit a
stamped restoration plan. Elizabeth will let Brandon Moss know the plan was not
accepted.
900 Maple Street, Jimmy Epstein: Propelty needs to be looked at: a chicken coop, a
shed, a blue tarp structure appear to be In the buffer area. Equipment has also been
stored in the buffer.
It was suggested that Mike Ahern, Conservation Constable, and Jack Smith visit the
propelty with a police officer present. PaUl suggested going to court to get an order for
permission to trespass. Elizabeth will contact Brandon Moss to see how to proceed with
the potential violation.
Carole Matthew asked about 15 Sturbridge Drive - are they all set? Elizabeth said the
Order of Conditions has been issued. ShE! is waiting to inspect the hay bale line.
The Mansfield Little League Association had asked the board to grant permission for
temporary lighting to be installed at the fields on Otis Street for a fundraiser (to be held
in May) to benefit the Mansfield Youth Baseball. They have decided to postpone the
event until next year to give them more time to properly plan for the event. The
contract and addendum still need to be signed. A site inspection prior to opening day
also needs to be done.
Colin Cauldwell told the board that Josh Lampron, Troop 17, would like to come back
before the board. He is doing an Eagle Scout project in the Marie F. Streese Memorial
Conservation Area and would like the board to approve signage for the area. He will be
put on the next agenda.
Because of Elizabeth's hours, the board feels the town's web site should be changed to
read [the agent is available by appointment only].
The board signed the letter to Mansfield Fish and Game Club, concerning the hunting
ban in Corporal Robert Francis Hardy Conservation Land, formerly known as Maple
Street Park.
Paul made the motion to approve the minUtes of February 22, 2010.
Carole seconded.
Motion passed 5-0. Colin Cauldwell and Jack Smith abstained.
I 6.< Adjournl11ent:
Colin made the motion to adjourn at 9:25 pm and Derek House seconded the motion.
Motion passed 7-0.
NEXT MEETING WILL BE MARCH 22, 2010,
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<( b- /l/WL
Joseph Mulkern, Chairman
s- 10 - c20/0
Date
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