HomeMy WebLinkAboutCONSERVATION 04262010
Conservation Minutes
April 26, 2010
Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell:
Carole Matthew; Derek House; Jack Smith; Elizabeth Leidhold, Conservation and Environmental
Planner.
Meeting called to order at 7:00 pm.
11. Notice of Intent: Mansfield Athletic Complex - #211-0847
Paul Boyden made the motion to continue the hearing for the Notice of Intent for the Mansfield
Athletic Complex - DEP #211-0847 - to May 10, 2010.
Michele White seconded.
Motion passed 7-0.
12.Noticeoflntellt:MapleLeaf Trllst,1/211-0842
Derek House made the motion to continue to May 10, 2010.
Michele White seconded.
Motion passed 7-0
I 3. ANRAD: Stan Feck, Ware Street
Gillian T. Davies, Senior Wetland/Soil Scientist for BSC Group, Inc., Ralph Maloon, RIM
Engineering and Stan Feck were present.
BSC was hired as a consultant for the project.
Gillian and RIM Engineering walked the site on March 29, 2010. A number of wetland flags
needed to be relocated. RIM re-surveyed these areas and the new locations were added to the
plan, dated April 20, 2010. Also noted on the plan: a stream on the site, thought to be a perennial
stream, is intermittent as indicated on the USGS topographic map. RIM has provided a plan
identifying the watershed for the stream. The watershed is identified as being 44.72 acres, smaller
than the 32 acres required to meet the Y2 sq. mile requirement for a perennial stream.
Because the applicant did not include information concerning Natural Heritage in the ANRAD filing,
Gillian told the board she did not include this information in the review. She did tell the board there
is a certified vernal pool located within the bordering vegetated wetlands. She said the vernal pool
is well protected.
There is also an "isolated" wetland to the left of the stream.
She also noted the plan needs to be signed and stamped by the Professional Land Surveyor.
Ralph Maloon said the plan has been stamped.
Elizabeth has not been to the site; she is relying on Gillian for a site review. She said she will try
to get out to the site as soon as possible.
Since the board has not had a chance to review the plan, Paul Boyden felt the hearing should be
continued.
Paul Boyden made the motion to continue the hearing for the ANRAD for Ware Street - DEP #211-
0844 - until May 10, 2010.
Carole Matthew seconded.
Motion passed 7-0.
Hearing ended at 7:22 pm.
Neighbors present at the meeting were told there would be no finding until Elizabeth has done a
field inspection.
IA,Request for Determination of Applicability: Edward JarnesoJ') 1I1,€)DiMasCiO Drive
Ed and Marissa Jameson, the homeowners, Perry DiMascio, the developer of the Autumn Park
subdivision and Ralph Maloon, of RIM Engineering were present.
The filing was for an in-ground pool; hearing was April 121h. The hearing was continued to April 261h
to allow the Town Engineer time to look at the retention pond on the property to make sure it is in
compliance/ built to specification. The homeowner was told to contact RIM Engineering to have
the retention pond delineated and elevations added to the plan.
The Order of Conditions for the development has expired. Perry DiMascio has asked that a partial
Certificate of Compliance (COC) be issued for the work completed. A plan has been submitted by
RIM Engineering for the retention pond. The board has not had a chance to review the plan and
Paul Boyden would like to have Rick Alves, Interim Town Engineer, review the plan. Rick will have
to approve the retention pond plan submitted today; a partial COC can then be approved. Perry
DiMascio told the board the retention pond was completed 2+ years ago. An as built will have to
be submitted and approved by the Town Engineer.
RIM, on behave of Perry DiMascio, will submit a new Notice of Intent for the May 10Ih meeting.
Perry said the project is basically complete; all the excavation has been done. Work still to be
done is the final landscaping, curbing, sidewalks, etc. He said there are 5 lots still not developed.
Colin Cauldwell told Perry the silt fencing is down, there are no hay bales and the wetland line
needs to be re-established. Perry said the silt fence has been restored.
Ed Jameson told the board he thought everything was all set. Colin told him a new Notice of Intent
needs to be filed for the subdivision to authorize the remaining work; Mr. DiMascio has to have an
active order. Carole Matthew told Mr. Jameson work can not be legally done without the new filing.
Colin Cauldwell made the motion to continue the hearing to May 10, 2010.
Paul Boyden seconded.
Motion passed 7-0.
Hearing ended at 7:35 pm.
5. Request for Determination of Applicability: DPW, 99 Maple Street, Map 30, Lot 67 - Cate
Springs Well Site
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David White and Robert Chapell of Woodard & Curran and Michael Ahern, DPW were present.
The Request for Determination of Applicability was submitted to make improvements to the Cate
Springs Well Site located at 99 Maple Street.
David White told the board the project consists of the constructio.n of a 1,500 sq. ft. treatment
building, to be located to the south of the access road, a 150,000 gallon above grade water storage
tank as well as site improvements, associated grading and underground utilities. The proposed
building, tank, stormwater management and associated grading are located outside the wetland
resource areas on the site. The project has beEln specifically designed to minimize work within the
wetland resource areas and buffer zones on the property.
David told the board the existing water main and electrical service to the pump building will need to
be rehabilitated. The pumping building is adjacent to the river.
There is an existing paved access drive, an existing treatment buildirig and accessory buildings.
The wetlands were flagged in August 2009; set baCks from the BVW and the 200 ft. Riverfront are
shown on the plan. The top of bank to the Canoe River was also flagged and is shown on the plan.
FEMA map flood plain, Zone A is also shown on the plan.
All work concerning the water line and the electric service will be done under the existing pavement
- will be trenching thru the existing pavement. Areas disturbed wili be resurfaced.or patched as
part of the work. Existing pavement within the buffer zone will be removed, providing a new turn-
around outside the buffer zone. This will reduce the amount of pavement within the buffer by
approximately 1,300 sq. ft. David said they are not proposing any surface water collection beyond
what is there now. Site hydrology will remain the same; there will be no changes to the Stormwater
Management for the site.
David is asking the board to confirm the wetland line and the buffer zone are appropriate and that
the project is a new utility service to a municipal drinking water supply that is exempt under the
Wetland Protection Act and the local by-law. He said erosion controls will be put in place to protect
the resource areas - silt fence will be place at the pavement edge. Limits of work will be clearly
defined by silt fence and a hay bale line. He told the board he is looking for a Negative 3
Determination.
Stormwater Management was reviewed by Rick Alves, Interim TOwn Engineer during the plan
review process.
Elizabeth said she will need to inspect the silt fence/hay bale line before any work begins. She
would also like a copy of the March 24, 2010 memo from Rick Alves regarding the project.
The board asked about chemicals used on site possibly entering the resource areas. Robert
Chapell said the chemicals will be contained in the new building.
All existing buildings will remain on site.
Michele White made the motion to issue a Negative 3 DeterminatiOn - the work described in the
Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to
protection under the Act. Therefore, said work does not require the filing of a Notice of Intent,
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subject to the following conditions (if any) - for 99 Maple Street, Cate Springs Chemical Feed
Facility, per plan submitted by Woodard & Curran, dated March 2010, revised April 6, 2010. Colin
added the silt fence/hay bale line must be inspected by the agent as called out in the plan and the
memo from Rick Alves referenced in the hearing be provided.
Derek House seconded.
Motion passed 7-0
Hearing ended at 7:51 pm.
6. Notice of Intent: DPW, 450 Gilbert Street, Map 7, Lot 117 - Walsh Field Water Treatment
Facility - #211-0849
David White, Robert Chappell of Woodard & Curran and Michael Ahern, DPW were present.
The Notice of Intent was filed for upgrades to the Walsh Field Water Treatment Facility. The
proposed project consists of the construction of a 1,5000,000 gallon clear water storage tank, a
1,216 sq. ft. pump building and an 86,315 gallon backwash water storage tank with associated
gravel access drive and underground utilities.
Resource areas associated with Wading River Include Bordering Vegetated Wetlands (BVW), 200
ft. Riverfront Area and Bank. A portion of the proposed work will result in the temporary alteration
of areas located within the 200 ft. Riverfront and the 100 ft. buffer zone of BVW. In addition, 2
"isolated" vegetated wetlands were identified on the property. Wetlands were delineated by LEC
Environmental on March 31,2010.
The existing driveway will be removed and replaced with a new driveway; driveway will be in the
same location as the existing driveway. Because the paving is limited to the removal and
replacement of a portion of the existing access driveway in the same location and elevation of the
existing pavement, the project is considered a redevelopment. The grade of the driveway will not
be altered.
All utilities will be located outside the buffer zone.
The site is within a Priority Habitat of Rare Species and an Estimated Habitat of Rare Wildlife.
Elizabeth asked if the applicant has filed with Natural Heritage. David said yes, a request for
review from Natural Heritage was submitted along with the Notice of Intent. He said the project
has been identified as being in the habitat of the Blanding's Turtle. Conservation has not received
the review letter.
Elizabeth said the applicant has done a great job keeping the work as far away from the resource
areas as possible. She asked if Rick Alves, Interim Town Engineer, has reviewed the Stormwater
Management information. David said yes Rick has reviewed and approved. David told the board
. they are proposing two detention basins to be located on each side of the existing access driveway.
Paul Boyden asked about snow storage. He said the snow storage areas should be identified on
the plan. Also, the snow storage areas should be on the Cate Springs plan. Mike Ahern said only
sand, no salt, is used in this area. He said the snow is pushed to the sides of the roadway.
Erosion controls, silt fence with double-staked hay bales, are shown on the plan.
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Because the board has not viewed the letter from Natural Heritage and Elizabeth would like to
review the Town Engineer's memo, the board asked that the hearing be continued to May 10th.
Colin Cauldwell made the motion to continue the hearing to May 10th.
Paul Boyden seconded.
Motion passed 7-0.
Hearing ended at 8:12 pm.
7. Request for Determination of Applicability: Mass Department of Transportation - Highway
Division - District 5. Tree Trimming and Removal.
Thomas McGuire, District Environmental Engineer for Mass DOT-Highway Division, District 5 and
Mike Clements of the Environmental Section were present.
Tom McGuire told the board the RDA was filed for the trimming or removal of dead, dying or
unsafe trees within the State Highway Layout. Some of the trees are within wetland areas or buffer
zones. The work is outlined in Mass DOT Highway ''Tree Trimming and Removal Guidelines
Dralf' ,dated March 29, 2010. Work will be done on Routes 1-95, 140, 1-495, Central and South
Main Streets and Copeland Drive.
Tom said in wetland areas, tree will be flush cut at ground level with no stumping or grubbing. All
material and chips will be removed completely from the wetlands.
Joe Mulkern asked who oversees the contractors. Tom said Mass DOT has construction
inspectors and Civil Engineers I & II and a supervisor for the project. He said the project is funded
by the state.
For the RDA for Mass DOT for Routes 1-95, 140 and 1-495 and Central and South Main Streets and
Copeland Drive, Michele White made the motion to issue a Negative 2 Determination - the work
described in the Request is within an area subject to protection under the Act, but will not remove,
fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent -
for the tree trimming or removal as outlined in the ''Tree Trimming and Removal Guidelines" drafted
March 29, 2010.
Colin Cauldwell seconded.
Motion passed 7-0.
Hearing ended at 8:34 pm.
8. Request for Determination of Applicability: Mass Department of Transportation - Highway
Division - District 5. Vegetation Management in Rights-of-Way Route 1-95.
Thomas McGuire and Mike Clements were present.
The proposed work consists of the application of herbicides approved for use in sensitive areas
within state highway rights-of-way; beneath median, roadside and ramp guardrails. Tom told the
board the filing is under the Wetlands Protection Act and the Department of Agricultural Resources
(DAR) regulations - 222 CMR 11.00 "Rights-of-Way Management".
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Tom said 94% of the vegetation management is by grass mowing, hand cutting and selective
trimming while only 1% is done via herbicide application. Tom told the board there are two ways
to apply the herbicides. One is the cut stump treatment where the trees and brush are cut and the
herbicide is sprayed on the stumps and stems. He said Mass Highway is proposing the Foliar
Treatment for this project. This method requires the plants come up and leaf-out. Then they are
sprayed - the herbicide enters thru the leaves and stems, going to the root system.
All herbicides used have been approved by the Department of Agricultural Resources and DEP for
use in sensitive areas. Herbicides to be used are Rodeo, Oust, Accord or Round-Up.
Tom said there is a Sensitive Area Restriction Guide in the VMP. He said DOT adheres to all set
backs outlined in 333 CMR 11.04. He said in Riverfront areas, wetlands and resource areas, the
set back is 10 ft. For major rivers and streams, DOT maintains a 100 ft. set back on each side. A
100 ft. set back is maintained for wetland areas and areas with vernal pools.
Tom said this project is a limit spray program; herbicides can only be applied once every 12
months. Zone II areas 24 months must elapse between applications.
Color coded delineators will be used to mark the boundaries for spraying. No spray areas will have
a blue delineator, limited spray areas will be designated with brown delineators and a blue and
brown delineator will be used in zone II areas for limited spraying every 24 months.
Michele White asked Tom if the people on site have the topographic maps of the area. Tom said
yes they do. They are licensed by DAR for herbicide application. Everyone has sketches and
copies of the Yearly Operation Plan and they are in touch by two-way radio.
Michele White made the motion to issued a Negative 3 Determination - the work described in the
Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to
protection under the Act. Therefore, said work does not require the filing of a Notice of Intent,
subject to the following conditions (if any) - for the Vegetation Management for 1-95, work
described in the Mass Highway Vegetation Management Plan 2009-2013 and the Sensitive Area
Restrictions dated May 13, 2008,
Colin Cauldwell seconded.
Motion passed 7-0.
Hearing ended at 8:50 pm.
'.9. Old and New Business
88-90 High Street, Ken and Yvonne DeFazio - An Enforcement Order was issued to the
homeowner for the cutting of mature trees on Fulton Pond.
Ken DeFazio told the board he was not aware he needed permits for cutting trees. He said he was
only trying to clean up the property and the trees removed were either dead or leaning towards the
house. A total of 7 trees were removed. He said he thought he had to stay 25 ft. from the
embankment.
Ken DeFazio said the stumps will not be removed; they will be flush cut. He would like to plant a
line of hedges or shrubs along the embankment. He told the board he would also like to put a
16'x16' shed in the back of the property.
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Elizabeth told Mr. and Mrs. DeFazio they should submit a restoration plan. She also told them, in
the luture, any work within the 100 It. buffer will require a filing with Conservation. Ken DeFazio
was told the piles 01 wood on the property must be stored out 01 the 25 ft. area.
Derek House made the motion to ratily the Enlorcement Order lor 88-90 High Street.
Colin Cauldwell seconded.
Motion passed 7-0.
Elizabeth asked the board what the DeFazios should do to remedy the violations. Paul Boyden
said they should clean up what they can and then look at the area in 5+ weeks - the area will
regrow.
Elizabeth recommended a line 01 shrubs to protect the buffer area and provide stability lor the bank.
Colin Cauldwell told the DeFazios they should develop a plan lor the restoration and check with
Elizabeth belore the next meeting. Elizabeth Said all restoration/clean-up can be done under the
Enlorcement Order but any other work would require a liling. She said she will work with the
DeFazios.
Derek House asked il a lence should be added; possibly at the 30 It. mark. Michele White said as
part 01 the mitigation lor the Enlorcement Order, the board should require a planting plan. II in the
luture they want to put a lence outside the 25 It. area, they should put together an application.
Michele White made the motion that as part 01 the Enlorcement Order issued lor 88-90 High Street
on April 16, 2010 and ratilied on April 26, 2010, the homeowner be required to submit a planting
plan lor the back 01 the property as mitigation lor that Enlorcement Order.
Derek House seconded.
Motion passed 7-0.
Hearing ended at 9:16 pm.
A wetland delineation and wetland restoration plan, dated April 21,2010, has been submitted by
BSC Group lor 167 Dean Street. An Enlorcernent Order was issued on April 13, 2010 to David
Troilo lor the cutting 01 mature trees and the removal 01 wetland vegetation Elizabeth said the plan
looks good and Mr. Troilo will be coming to the May 10th meeting. The board will look at the plan.
Violation at 166 Dean Street, Map 26, Lot 1 05 ~ A letter was sent to the homeowner because trees
and brush had been removed in violation. RiCk Alves, Town Engineer, discovered the alteration
when checking Kingman Pond Dam. The homeowner at the time was asked to submit a
restoration plan. The plan was never submitted.
Elizabeth showed the board pictures taken 01 an area on the bank 01 the dam planted by the
homeowner. These plantings will have to be removed because they are not on the homeowner's
property. Elizabeth would like to issue an Enlorcement Order (EO) with more specilic guidelines
lor the restoration. The EO would need to be ratified at the next meeting.
Colin Cauldwell made the motion to issue an Enlorcement Order lor 166 Dean Street with
suggestions to develop a restoration plan. Derek House asked that the homeowner be required to
hire a PWS.
Motion passed 7-0.
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The Enforcement Order for 900 Maple Street. Map 39, Lot 11, needs to be ratified. The EO was
issued on April 23, 2010; the violation was fot chipping vegetation and discharging material into a
wetland and the buffer zone of a wetland.
Derek House made the motion to ratify the Enforcement Order for 900 Maple Street.
Colin Cauldwell seconded.
Motion passed 7-0.
Sam Patel, Chauncy Street: Questions about fencing to be installed on site; construction fencing
or a chain link fence? The contractor needs t() know which is required and where and when it is to
be installed.
The board asked that a chain link fence be installed around the entire wetland within the work area
and a construction fence be installed before My work starts. Elizabeth said if Mr. Patel wants to
change the fencing, he will have to file for an Amehded Order of Conditions. Mr. Patel is to clean
the debris out of the wetlands and then install the fence.
The board will meet will the Board of Selectmeh on Thursday April 29, 2010 at 7:00 pm to discuss
the articles submitted for Town Meeting. Elizabeth asked if she would need to attend. The board
said no.
Michele White told the board she plans on taklhg the project submission language from the WPA
as far as deadlines for submittals are concerned to curb last minute submissions. Carole Matthew
said the majority of towns require 7 days unless discussed previously.
Michele White said she is looking at FEMA grants for the Ware Street crossing. She said
preparing the application would require a large amount of engineering work; she is not sure Rick
Alves, Town Engineer, has the time. She said a Benefit Cost Analysis would have to be submitted
with the application; the town would have to prbve that the benefit of the money from FEMA is less
than money paid out over time if you did not fiX the project. She is not sure that is the case here.
She said she would be willing to contact MEMA (they distribute the funds) to see if a project of this
size would be worth going forward with. She Said the town would only be eligible for 75% to 90%
of the project value and it is in the form of reimbursement.
41 Bird Road: Homeowner was sent a letter on April 8, 2010 about tree removal activities. The
property is in an Area of Environmental Concetn (ACEC) and a portion of the property is within an
Estimated and Priority Habitat for rare species. The homeowner has called Elizabeth about
cleaning up the trees she took down, in violation - Elizabeth has not been able to get out to the
property. Derek House has been to the property and has taken pictures. He said there are several
trees in the wetlands in various stages of rot. He said the wetlands are filled with garbage, yard
waste, Christmas trees, and gasoline and that people are pumping water into the wetlands.
The board asked that letters be sent again to the residents and that signs and/or a fence be put up
to discourage further dumping.
Derek House made the motion to buy 10 signs, to read "Environmentally Sensitive Area - Do not
Disturb", to be placed on metal posts on 50 ft. centers, for the open space on the corner of Mary
Dee and Bird Road. Colin suggested that board members go door to door to let the residents
know there is to be no more dumping on this property. Michele White suggested that letters be
sent to the offenders only.
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Paul Boyden seconded.
Motion passed 7-0.
Carole Matthew told the board when her subdivision was built, Natural Heritage suggested a
Conservation Restriction be placed on several lots. There is a draft of the Conservation Restriction
in the subdivision file. She said Dick Lewis, the former agent, never followed through. Paul told
her the restriction would have to go through Town Council; it would need to be resubmitted.
Carole made the motion to pursue the registering of the Conservation Restriction for Patty's Road
and Elyse Road, lots 100, 66 & 67, referencing the Conservation Restriction document dated June
6, 1994 and a letter from Joel Lerner dated May 11, 1995.
Colin Cauldwell seconded.
Motion passed 7-0.
Elizabeth asked il any board members could look at building permits. She will e-mail the locations
01 he permits and anyone who can inspect the locations can come into the office and pick the
building permit up.
Colin Cauldwell will go to the finance committee meeting this Thursday to ask for more lunds for
the Conservation Department.
Colin discussed the bridge off 01 Judy's Lane in a conservation area. The bridge has collapsed. He
told the board NRT has received $3000.00 as a gift from a resident, 01 which they have donated
$1500.00 towards the replacement of the bridge. II $3000.00 more can be raised, the resident will
match with another $3000.00. Colin said the lundraising will be advertised in the local papers.
Colin and a structural engineer visited the site this past Saturday. The engineer will design the
bridge for Conservation, meeting state codes, at no charge.
Colin Cauldwell made the motion to accept the minutes 01 March 8, 2010 and April 12, 2010.
Joe Mulkern seconded.
Passed 7-0
I 10. Adjournment:
Paul Boydenmade the motion to adjourn at 10:10 pm.
Michele White seconded.
Motion passed 7-0.
NEXT MEETING WILL BE MAY 10, 2010
C7A~
Joseph Mulkern, Chairman
cN/i1....
s- - /0 - 01.0/0
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