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HomeMy WebLinkAboutCONSERVATION 05242010 Conservation Minutes May 24,2010 Present: Paul Boyden, Vice Chairman; Jack Smith;, Colin Cauldwell; Michele White; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner. Meeting opened at 7:05 pm. 11. Notice of Intent: Maple Leaf Realty Trust. 557 Maple Street - DEP #211-0842 Derek House made the motion to continue to June 14,2010. Colin Cauldwell seconded. Motion passed 5-0. I 2. Eagle Scout Project Report - Josh Lampron. Marie F. Streese Memorial Conservation Area. Josh Lampron has finished his Eagle Scout project in the Marie F. Streese Memorial Conservation Area; he has completed the repairs to the sign, replacing the sign roof and the molding around the sign. He added or replaced informational signs on the trails and near the road and cleaned and remarked the trails. He told the board he and volunteers put in approximately 200 hours for the project. Josh had photos of the project for the board to see and for the file. Josh needs the board to sign off on the project, saying they have approved the project. Colin walked some of the area tonight and everything looks great. Derek House made the motion to accept the Marie F. Streese Memorial Conservation Area Eagle Scout project. Colin Cauldwell seconded. Motion passed 5-0. Paul Boyden signed the approval form. Discussion ended at 7: 1 0 pm I 3. Notice of Intent: Perry DiMascio, Essex Street, "Autumn Park". DEP #211-0850. The Notice of Intent was submitted to complete the remaining work for the Autumn Park Subdivision. The original Order of Conditions, #211-776, has expired. The remaining work includes the installation of curbing, sidewalks, bituminous asphalt, topcoat and landscaping. A plan, dated May 10, 2010, for the remaining work and a Stormwater check list have been submitted. A memorandum, dated May 24,2010, from Rick Alves, Interim Town Engineer, states the plan and the check list are acceptable. Colin Cauldwell made the motion to accept the Notice of Intent, DEP #211-0850, for the remainder of work for the Autumn Park Subdivision as presented per plan. Erosion controls, silt fence with double- staked hay bales, are to be inspected by Elizabeth before any work begins; siltation fence/hay bales are to be removed when the project is completed. Michele White seconded. Motion passed 5-0. Hearing ended at 7:15 pm. I 4. Request for Determination of Applicability: 88-90 High Street, Kenny and Yvonne DeFazio. Kenny and Yvonne DeFazio, the homeowners, were present. The RDA was filed for a 16'x16' utility shed within 100 ft. of a buffer zone and the 200 ft. Riverfront. The entire property is within a Zone A or 100 year flood zone. Elizabeth asked about the restoration plantings along the bank ahd asked what kind of foundation would be used for the shed. Mr. DeFazio said the shed would be on sonotubes, with a poured slab and a sub-floor over the slab. He told the board a ground cover of jUhiper berries would be planted to stabilize the area. Elizabeth said there is hO mitigation plan showh on the plan. She asked the applicant to draw in the plantings for the restoration and initial and date the plan. Colin suggested that after the area has been planted, Elizabeth be called to inspect. Because the homeowner took down several tr('Jes within the 25 ft. area, Elizabeth said it is important to stabilize the bank with shrubs, in addition to the juniper berries, She recommended high bush blueberry, red twig, pussy willows and dogwood, Elizabeth asked if the board wanted to see a revised plan or a planting scheme. She also said the shed would have to be flood zone compliant. Oerek said he would like to see a plan with the types and the locations of the shrubs, etc. Derek asked why the shed is so close to the water line. Mr. DeFazio said he wanted it as far back as possible to give them more of a yard. Paul woUld like to see the shed moved 2-3 ft. closer to the house. Michele White said she does not have a problem with the shed locatibn as long as it is outside the 25 ft. no touch, erosion controls are in place and a ~Ianting plan is submitted. The board wanted to know how the holes for the sonotubes would be doM - Mr. DeFazio said the holes would be dug by hand. Paul would like to see the location of the shed staked and he asked that the shed not be put on the 25 ft. line as it appears on the plan. Mr. DeFazio silid the shed is actually located 3 ft. from the 25 ft. line. Derek asked if a Notice of Intent should have biilen filed. Colin said the project can be conditioned thru the RDA. Elizabeth told the board that with an RDA not many conditions can be added and there is no enforcement procedure under an RDA. She felt it would be better to have a planting plan submitted to be attached to the Determination. Colin reminded the board the RDA is only for the shed. The Enforcement Order deals with the resource area violations and the restoration. Elizabeth advised the homeowners to talk to the Building Department to find out what they are allowed to do in a flood zone and then make any changes to the plan as needed. The board decided to continue the hearing until June 14th so Mr. DeFazio can submit a plan showing the exact location of the shed. He is to check with the Building Department in regards to building in a flood zone and submit a planting schedule. 2 Derek House made the motion to continue to June 14, 2010. Mr. DeFazio is to submit a plan for the shed, the location of the shed needs to be verified and a planting plan. Colin Cauldwell seconded. Motion passed 5-0. Hearing ended at 7:45 pm. I 5. Request for Determination of Applicability: Peter and Patricia MacDonald, 7 Leonard Circle. The RDA was filed for a 12'x24' deck between the house and the existing above-ground pool. Derek House told the board the measurements on the plan are not delineated measurements. He told the board trees have been cut within the wetlands. He said it appears as if the wetlands were filled in when the sub-division was built. Mr. MacDonald said the deck will be placed on twelve (12) sonotubes. Elizabeth asked that she be called when the sonotubes are in place so she can inspect. Derek asked about the pool; was it permitted? Elizabeth said the pool has a building permit from 2008 and was signed off by the former Conservation agent. The applicant should have filed with Conservation for the pool. Michele White said she has no problem with the location of the deck but would like a plan with the correct distances (from the wetlands, the house etc. to the deck) on file. Derek House agreed. Derek House asked if the Determination can be issued pending a plan. Elizabeth told the board she has 21 days to issue the Determination, after that, the applicant would have to re-apply. Derek House made the motion to accept the RDA and issue a Negative 3 Determination for 7 Leonard Circle pending confirmation of measurements of the distance from the wetlands to the stake by Elizabeth and the submittal of a planting schedule. Colin Cauldwell seconded. Motion passed 5-0. Hearing ended at 7:57 p m. The RDA was filed for landfill remediation at the old Compo Chemical Facility, within the 100 ft. buffer of a wetland. Carl Tammi and David Austin of AECOM were present. Mr. Tammi told the board they are proposing to implement a final remediation for the site. The previous remediation was done to close the site to industrial standards. IRG Mansfield wants to close the site to residential standards. The work will involve the excavation of impacted soils. The contaminated soils will to be transported off site to a licensed facility. The remediation area is approximately 1 acre. 3 Mr. Tammi told the board there is still VOC- and PCB impacted soils in a sandwiched layer underneath the cap. The cap will be peeled back; currently the cap has 18" of clean fill on top. The impacted soils will be removed, the area back filled with clean materials and restored with loam and seed and restored to grade. Mr. Tammi told the board the wetlands were delineated in May 2010. A description of the resource areas is included in the filing. A large wetland area is over 100 It. from the excavation site but there is also an isolated vegetated wetland on site that falls within the jurisdiction of the Mansfield Wetland Protection By-law. Approximately 1,600 sq. ft. of this area will be impacted by the excavation and backfilling. Mr. Tammi said the work will start this summer; the work is expected to be completed with a 3-5 weeks. Silt fence and hay bales will be installed as indicated on the plan. Mr. Tammi told the board dewatering will not be necessary; there are no impacted soils below the water table - the depth of groundwater is 12 It.; all excavation will be done 2 It to 8.5 It. below existing grade. David Austin told the board approximately 6,900 cubic yards of impacted soils plus the 2,600 cubic yards of soils removed at the cap site will be removed and transported off site. Elizabeth said the project will improve the existing conditions of the adjoining wetland and the project is approvable under 10.02 2b. It is a temporary impact. Colin Cauldwell asked if any dust control measures are proposed and where will the stockpiled solids be stored before they are removed from the site? David Austin said a tanker truck will be on site during the excavation and transportation. He said the stockpiled materials will be stored away from the wetland areas on the paved surface. Elizabeth said the stockpiled material will be covered with a polyethylene covering and the piles surrounded by hay bales. Derek House made the motion to accept the RDA from Jarrett Laraway - IRG Mansfield, LLC, 271 Branch Street for landfill remediation activities as proposed and issue a Negative 3 Determination. The Mansfield Conservation Commission should be contacted for approving or removing of hay bales and silt fence: following inspection by the Mansfield Conservation Commission, the hay bales and silt fence shall be removed. Colin Cauldwell seconded. Motion passed 5-0. Hearing ended at 8:11 pm. I 7. Request for Determination of Applicability: CSX Transportation, Inc. The RDA was filed for vegetation management within 100 It. of a resource area and within the 200 ft. Riverfront. Stephen Herzog, the Project Manager for AMEC, was present. The Vegetation Management Plan must be re-submitted every 5 years. The last submittal was January 21, 2005. A copy of the Yearly Operational Plan 2010 was submitted with the RDA Vegetation Management will be limited to uplands and the buffer zone. Herbicide spraying is prohibited within 10 feet of wetlands and restricted within 100 feet of wetlands to one application per year. CSX 4 has marked the no-spray areas (within 10 ft. of a perennial stream) and the limited-herbicide-spray Riverfront (200 ft. from a stream crossing). CSX uses only herbicide applicators licensed by the Massachusetts Department of Agricultural Resources (MDAR). Herbicides must be approved by the MDAR. A list of approved applications is in the Yearly Operational Plan. Herbicides are applied selectively by low pressure, using foliar techniques or basal or cut-stump applications. Railroads do not qualify for the public utility exemption under 310 CMR 10.00, the Wetland Protection Act, so the VMP must include a wetlands determination to ensure the resource areas are protected. Derek House made the motion to issue a Negative 2 Determination for the RDA submitted by CSX Transportation, Inc. for the spraying of herbicides at the Railroad Rights-of-Way in Mansfield. Michele White seconded. Motion passed 5-0. Hearing ended 8:17 pm. 8. Request for an Extension Permit for Orders of Conditions: Town of Mansfield, Plymouth Street Recreational Facility - #211-703. Mike Ahern, Public Buildings/Special Projects Manager was present. He is requesting an extension of the Order of Conditions issued for the Plymouth Street Recreation Facility. The Order was Issued on June 6, 2004 and extended to June 6, 2010. He told the board a lot of the work has not been completed because there are no funds available. At this time, there are no plans to continue the work. Mike said the original filing was for work on the fields and the parking area. He told the board DPW uses the area to stockpile snow during snow emergencies. The site will continue to be used as such. Mike said the siltation control needs to be updated. Colin Cauldwell suggested Mike remove all the old silt fencing and restore the erosion controls as stated in the original Order. Elizabeth said there no wetland flags left on site. Michele White said she does not see why the board should extend the Order of Conditions if no work has been done in 10 years and there are no plans to do so. She suggested Mike submit a Request for Determination of Applicability (RDA) for the work being done now on site - the stockpiling of snow, loam, fill. Michele said if funds become available later for the fields and parking, a new Notice of Intent can be filed. She said if a new Notice of Intent (NOI) is filed, the Stormwater Management would have to meet the new regulations. She said the plan for the fields and parking under a new NOI, subject to the new regulations, could be done better than the plan the board keeps extending which would still fall under the old regulations. Paul asked that a note be put in the file explaining why the board wants Mike to file an RDA for the current use; there is no funding to do the original work and by filing a new NOI, the project would fall under new Stormwater Management regulations 5 Colin Cauldwell suggested that the site be looked at because there are a lot of changes out there from when the Order was issued in June 2004. Elizabeth, Colin and Mike will inspect the fields. Derek House made the motion to vacate the request to continue the original NOI and extend the Order of Conditions for #211-703, plan "Spring 2000 Improvement Plan", revised February 2,2004 and replace the NOI with an RDA for the existing use until funding is available to go forward with a new plan. Jack Smith seconded. Motion passed 5-0. Elizabeth will help Mike with the filing of the RDA. I 9. Old and New Business The Great Woods deeds were sent to Town Council. Bob Mangiaratti told the board in an e-mail to proceed with the deeds. A letter, dated May 10, 2010 from Bob Mangiaratti, Town Council, regarding the gift of land on South Main Street from the Vickery Family outlined what needs to be done to formally accept the land. The deed for the land should be signed by Norman, Donald, Ronald and David Vickery. The docket number of the Estate of Bruce L. Vickery must be included on the second page of the deed. The original Mylar plan should be recorded along with the deed. The Conservation Commission should formally vote to accept the gift of land for conservation purposes. Colin made the motion to accept the gift of land from the Vickery Family for conservation purposes. Jack Smith seconded. Motion passed 5-0. Even though a gift of land to the Conservation Commission does not require town meeting approval, such gifts require the approval of the Selectmen. An e-mail and/or a letter will be sent to the Selectmen along with a copy of the letter and deed to let the Selectmen know the board voted 5-0 on May 24, 2010 to accept the gift of land. Bob Mangiaratti asked that the gift transaction and the recording of the deed be completed prior to June 30, 2010 so the Vickery family does not incur any municipal taxes for the fiscal year 2011. Bob suggested that Kenneth Parsons work with the Vickery family to get the deed signed. In the letter, Bob Mangiaratti said he has done some limited deed research and concludes the Vickery family owns the property. He said this is not a title certification but feels the board can safely accept the deed without a complete title examination. If the town wants a formal title certification, he is to be contacted. At 8:45, Colin moved that the board go into executive session to discuss potential litigation and then re- convene the public session. Jack Smith seconded. Passed 5-0. ROLL CALL: Paul Boyden, Vice Chairman, aye; Jack Smith, aye; Derek House, aye; Colin Cauldwell, aye; Michele White, aye. The board returned to regular session at 9:30 pm. 6 Potential Violation on a parcel of land in West Mansfield: Colin suggested the owner come in to discuss the violation and proceed with an Enforcement Order. Colin made the motion to issue an Enforcement Order for the potential violation in West Mansfield and to ask the owner to attend the June 14, 2010 meeting. Derek House seconded. Motion passed 5-0. Paul asked that a letter be sent to the Selectmen to remove "or its agent" from the sentence [Project proponents must thoroughly check with the Commission or its agent for applicability] in SECTION 2.2 4 of the Mansfield By-law and a warrant be placed on the fall town meeting schedule. Michele White asked about the fee schedule. The fees can not be changed at a special town meeting; they have to be changed at the annual town meeting in May 2011. Colin asked that a meeting be arranged with the Selectmen and the Finance Committee to discuss the fee schedule. Colin Cauldwell made the motion to adjourn at 9:35 pm. Jack Smith seconded. Motion passed 5-0. NEXT MEETING WILL BE JUNE 14, 201 0 AT 7:00 PM 7/1'1/10 Date / 7