HomeMy WebLinkAboutCONSERVATION 06282010
Conservation Meeting
June 28 2010
Present: Paul Boyden, Vice Chairman; Colin Cauldwell, Carole Matthew; Derek House; Jack Smith,
Michele White; Elizabeth Leidhold, Conservation and Environmental Planner.
Meeting called to order at 7:01 pm.
11. .. Request for Determination of Applicability: Heron Crest, LLC" East Street (formerly Villi:\ge Landing).
David Boucher, Project Manager for Callahan, Inc. was present.
The RDA was filed for the construction of (1) 7 unit condo building and (1) 4 unit condo building within the
100 ft. buffer of bordering vegetated wetlands and within an ACEC, the Canoe River. The original Order
of Conditions. #211 "687, has expired. Dave Boucher told the board the buildings were noted on the
original plan. The work was not completed because of the economy.
Elizabeth told the board no changes have been made to the drainage system and no additional
impermeable surface. She said the erosion controls wili have to be re-established. Dave Boucher said
the hay bales and silt fence were re-installed last week.
The board asked that the previous special conditions from the original Order be attached to the
Determination.
Colin Cauldwell made the motion to issue a Negative 3 Determination for Heron Crest, LLC, contingent
upon Elizabeth Inspecting and approving the erosion controls. No work is to start until the erosion
controls have been inspected.
Carole Matthew seconded.
Motion passed 6-0.
Hearing ended at 7:09 pm.
1 2. Request for Determination Of Applicability:Waysic:le Estates, LLC, <1 0 Saddle Ridge Road.
Hearing continued to July 12, 2010.
I 3. Request for Determination of Applicability:. Wayside Estates, LLC, 16 Saddle Ridge Road.
Hearing continued to July 12, 2010.
I 4. Request for Determination of Applicability:Wi:\yside Estates, LLC, 24 Saddle Ridge Road.
Hearing continued to July 12, 2010.
5. After the Fact Request for Determination of Applicability: James and Janice Coffin, 14 Casa Drive,
Map 20, Parcel 207.
The RDA was filed for the installation of a 20 ft. above-ground pool on existing lawn within the 100 ft.
buffer of bordering vegetated wetlands. The pool will be approximately 45 ft. from the wetlands.
James and Janice Coffin, the homeowners, were present.
Elizabeth and Derek noted the location of the pool is not shown on the plan and there are wetlands 10' to
15' behind an existing shed. A building permit was not required for the shed because of the size but
Derek noted that there should have been a filing with OOhservation. He wbuld like to see the shed moved
away from the wetlands. Mr. Coffin told the board the shed has been thete for 10 years.
Michele White said moving the shed would be more oi a disturbance. Jack Smith agreed; he said as long
as no chemicals or gas products are stored in the shed, there should not be a problem.
Oarole Matthew asked how far from any point of the Wellands the pool would be and what kind of filtration
system would be used. Elizabeth said she would need t6 go back out and get correct measurements. Mr.
Ooffin said the filtration system is an EasyClean D.E. Filter System, no baokwash will be necessary.
Because the shed is within the 25 fl. no touch, Derek asked that elevations in back of the shed and a
contour line showing the drop off in back of the shed be added to the plan. The board asked Elizabeth to
take measurements from the house to the pool, froni the house to the wetlands, from the shed to the
wetlands and the pool to the wetlands.
Elizabeth told the board grass clippings have been thrown into the wetlands. She asked the homeowner
to remove the clippings.
Colin Cauldwell made the motion to continue the hearing for 14 Casa Drive to the June 28,2010 meeting.
Applicant is to submit a plan wilh the location of the pool and the shed, with correct measurements from
the house to the pool and the wetlands, from the shed arid the pool to the wetlands, rough grades in back
of the shed and elevations for the drop off behind the shed. The grass clippings are to be removed from
the wetlands and no further dumping allowed.
Derek House seconded.
Motion passed 6-0.
Mr. Ooffin told the board the pool company is coming bh Wednesday to install the pool. Elizabeth will visit
the site tomorrow with Mr. Coffin. A Negative 3 Determination can be issued contingent upon the site visit
to verify the measurements and the submillal of the reVised plan.
Hearing ended at 7:26 pm.
6. Request for Determination of Applicability: Annemarie and Mark Adams, 3 Sadies Way, Map 41,
Parcel 507.
The RDA was filed for the installation of an above~9rc:iund pool within the 100 fl. buffer of bordering
vegetated wetlands, and an ACEC and a Priority and E:stimated Habitat of Rare Species.
Mark Adams was present.
Elizabeth told the board the pool will be approximately 68 ft. from the wetiands. Because a small portion
of the lot is within a NHESP Habitat, she called Natural Heritage. Exemptions from review for projects or
activities in a NHESP habitat (3210MR 10.14) include above-ground pools on existing lawns; a deck or
any other work associated with the pool would require the homeowner check with Conservation.
Carole Mallhew said the project meets 2.2 4 of the Mahsfield Wetland Protection By-law.
Derek House made the motion to issue a Negative 3 Determination to Annemarie and Mark Adams, 3
Sadies Way for the installation of a 20 ft. above-ground pool within 100 fl. of bordering vegetated
wetlands, plan received June 16, 2010. The project Is considered exempt from 321 CMR 10.14 and
meets the requirements of the Mansfield Wetland Protection By-law 2.2 4.
Colin Cauldwell seconded.
Motion passed 6-0.
Hearing ended 7:31 pm.
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I 7, Notice of Intent: Dean and Nancy Morse, 18 Tanya I;jrive, Map 40, Parcel 143. #211-0851
The Notice of Inteht was filed for the installation of ah above-ground pool within the 100 ft. buffer of
bordering vegetated wetlands.
Nancy Morse, the homeowner, was present.
DEP comments: the plan submitted on June 11,2010 does not show the proposed activity or the wetland
resource area and does not show a locus plan.
Paul said the size of the pool is not noted in the NOI: page 2 needs to be corrected. Nancy Morse told
the board the pool measurements are 15'x30' and no deck is proposed.
Elizabeth said the pool is approximately 31 ft. from the wetlands and farther away from the wetlands than
the former pool was. She told Nancy Morse the pool Was not to be drained toward the wetlands.
Colin Cauldwell asked that the pool be pulled back a couple of feet and Paul Boyden suggested the pool
be rotated 900. By rotating the pool, 5-8 ft. will be added to the distance from the wetlands. Mrs. Morse
agreed to the relOCAtion of the pool. She was told she WOuld need to submit a plan with the new location.
Carole Matthew asked about the filtration system. MrS. Morse was not sure - the filter was included with
the pool. She was told to submit information on the filtration system for the file.
Jack Smith would like measurements taken off the house, not the existing deck, to the pool. Derek
House would like the dimensions of the disturbed areas added to the plan. Jack Smith asked that the
disturbed areas be re-seeded.
Elizabeth will help Mrs. Morse with the plan of record.
Colin Cauldwell made the motion to continue the hearing for 18 Tanya Drive to July 12,2010.
Derek House seconded.
Motion passed 6-0.
Hearing ended at 7:37 pm.
8. Notice of Intent: Route 140 School Street LLC ~ S.R. Weiner and Associates, Inc. - 280 School
StreeVMansfield Crossing, Map 12, Parcels 17 & 19. 1/211-0852
The Notice of Intent was filed for completion of the construction of two retail buildings on existing building
sites within portions of the 100 ft. buffer zone of bordering vegetated wetlands.
Ann McMenemy of ERM, Mark Hebert, Senior property Manager, W/S Development, Rt. 140 School
Street, LLC and Dave White of Woodard & Curran.
DEP has no comments regarding the project.
Ann McMenemy told the board the original Order of Conditions, DEP #211-704, has expired. The new
Notice of Intent is for the construction of buildings "C" ahd "H". The pads for buildings "C" and "H", the
utilities and the stormwater management systems were designed and constructed in 2006-2007 for the
whole shopping center and were completed under the original Order. Ann told the board the stormwater
management system are all functioning. The building size and impervious areas are identical to what was
previously permitted in 2005. Ann said basically the new filing is a re-permitting of the first filing.
Ann told the board she would be filing a Request for a Certificate of Compliance for the 2005 filing this
summer.
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Ann told the board building "C" is within the 1 00 It. puffer, an intermittent stream, and located within a
drainage easement. Building "c" will be located in ,the norlhwest cornilr on the west side of the main
entrance. Erosion, controls will be installed at the ilmlt,61 work. Building "C:" will be done first. Building "H"
is also located within the 100 ft. buffer of a wetland'and an intermittent stream and the pond on site.
Building "H" will be located near two existing parking lots on the east side. of the main entrance. Building
"H" is also located.within 100 ft. of the catch basins; The catch basinS will be fitted wilh silt sacks. All
erosion controls will remain in place until construction is complete and the areas stabilized.
Paul Boyden askegthat the location of the above-ground electric structure be added to the plan. The box
is adjacent to Building "C",
Dave White commented on the letter dated Juhe 28, 2010 from Rick Alves, Interim Town Engineer,
referencing 4 comments:
1. The building dimensions for "c" and "H" heed to be shown on the plans and a note stating that
there is no .increase in impervious materlal.Oave told the board the plan has been updated to
include the .dimensions and a note has been added to the plan siating the development of the two
siles will riot increase the amount of impetVious area from what Wils previously permitted in 2005.
2. What is tlie sanitary sewer flow of the prop()~ed buildings? Applicant must also contact Frank
O'Neil regarding the need for an Industrial Disqharge Permit. If needed, a copy must be given to
the Engineering Department. Dave said bnce tht;! building tenants have been determined, the
estimated sewer flows will be forwarded to the.!bwn and Mr. O'Neil will be contacted.
3. Applicant should check wilh the Water Depaitment on water needs. Dave said the Applicant will
determine the water needs for each building and work with the town to determine water meter
size and Sewer permit fees. .',
4. It appears that all existing information show on the plan was taken from the approved Utilities As-
Built Plans prepared by ESS Group, Inc. revisiOn date November 6, 2007, and is acceptable. No
response required.
Paul Boyden told Ann McMenemy the areas proposed for buildings "c" fihd "H" have been used for snow
storage. He asked where the snow would be stored once the buildings Were done. Ann said she would
have to look at the original plans for the Snow Storage and Removal Plan.
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Jack Smith told Ann a lot of salt was used during the ,Winter; the Order of c;onditions stipulated salt usage
was to be minimal. Colin Cauldwell said the snow arid salt was allowed fo leach into the wetlands. Ann
said she would look into this.
Elizabeth asked tlie board if they wanted the original Qrders to be attached to the new filing. She said all
of Rick Alves' comments have been addressed but ihir board should wait to see if he concurs wilh the
comments. She also suggested a note be ad deB 10 the plan saying there is no increase to the
impermeable surfaces which could mean changes to the stormwater calcUlations.
Colin Cauldwell mfide the motion to accept the pian, dated June 14,2010, revision date June 28, 2010,
as drawn for buildings "C" and "H" at Mansfield Crossihg, DEP #211-0852wilh the following reservations:
Conservation will be given information regarding the usage of salt on the parking lots and roadway;
Elizabeth is to be ,called when the siltation controls are. in place for inspection; siltation controls are to
remain In place until all work is completed and the areaS, stabilized; Conservation is to be notified of pre-
construction meetings; approval of the project pending Rick Alves' approval of comments to his memo of
June 28, 2010; original Orders and plans will be attaohed to the new Order of Conditions, DEP #211-
0852; snow removal and storage will be called out on the plan and the Iodation of the electrical equipment
box will be added iO the plan; a revised plan to be submitted by July 6, 2010.
Carole Matthew sedonded.
Motion passed 6-0.
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Ann asked 0 be on the July 12, 2010 agenda.
Hearing ended at 8:04 pm.
I 9. . Cerlificate of Compliance: Robert Catenacci, 47 Ulhbi:lshire Drive - #211-0800.
John Spink, represenling Mr. Catenacci, was present.
Mr. Spink told the board an as built has been submlW3d. And the work completed is in compliance with
the Order of Conditions. The house has been sold aiid the Certificate of Compliance (COC) is needed
for the closing next week.
Elizabeth told Mr. Spink the Certificate of Compliance Can only be issued for the work completed: the
retaining wall and the house. She said the groundha,s not been stabilized and recommended that a
parlial Certificate of. Compliance be issued. Paul ask~d that It be stated In the partial COC what work has
not been completed - re-establishment of the hay bales.at the 25 ft. line and stabilization of the area with
grass and shrubs. She said the work completed cohfoims to the Order of Condilion issued August 14,
2007. She told the board there are no wetland flags left on site so no measurements were taken. The
filing included a pCbI; the pool has not been construoied. The new owner will have to come back with a
filing if the pool is built.
Derek House said exposed dirt is washing into the wetlahds because there is no erosion controls in piace.
Mr. Spink said the lawn and shrubs will be done this week and the erosion controls will be installed at the
25 ft.line.
Colin Cauldwell made the motion to Issue a parlial Certificate of Compliance for 47 Lancashire Drive,
DEP #211-0800, as built dated June 16, 2010, with the following exceptions: that if the hay bale line has
deteriorated, It be re.established and that the area be stabilized with seeding and the planting of shrubs.
The pool included In the original Order of August 2007 has not been built and is no longer permitted - the
pool will require a hew filing.
Jack Smith seconded.
Motion passed 6-0,
Hearing ended at a:20 pm.
10.CerlifiGateofCompliance: Stan FeGk,CflflsliaH & F!lck Development. Corp. "OreenTre!l Acres"
Subdivision, 517Elhl Street. #211.0717
Stan Feck was present.
An as built with a letter from RIM Engineering, Co., Ino" stating the work has been done according to plan,
has been submitted.
Colin Cauldwell noted that when the Notice of Intent Was originally filed there was a large amount of trash
in the wetland areas. Stan Feck told the board the trash was removed by the former owner; because the
trash was within 50 ft. of the wetlands, it was removed py hand - this has been addressed in the letter
from RIM. He said the Planning Board made It a COndition that all clean-up must be done before the
construction of the roadway. The ulillties and base-Obat pavement for the road were also completed by
the former developer.
The as built and letter have not been submitted to Riok Alves, Interim Town Engineer. Stan Feck said he
did not submit the as built to the Town Engineer becaUse he is not asking for road approval.
Colin Cauldwelltold Mr. Feck that Lot 4 will require a filing and will be held to the 50 ft. set back.
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The request was for a total release of the Order of Conditions but the board will issued a partial for lots 1,
2, 3, 5 and 6 only.
Colin Cauldwell made the motion to issue a partial Certificate of Compliance for "Green Tree Acres"
Subdivision, 517 Elm Street, DEP #211-0717, plan dated June, 24, 2010 for Lots 1,2,3,5 and 6; Lot 4
will require a Notice of Intent be filed and will be held 10 ihe 50 ft. set back.
Carole Matthew seconded.
Motion passed 6-0.
Hearing ended at 8:31 pm.
111.01d and New Business
Walter Parker, Director of Buildings and Grounds, Mahs/leld Schools.
A resource area violation occurred at the Jordan Jackson School - a trench was being dug within the
buffer of a perennial stream. A trench permit was ISSUed through DPW. Mr. Parker was unaware he
needed a wetland permit. Mr. Parker told the board the work was being done to Install (11) eleven
lighting pole bases, 18 inches wide and 4 ft. deep on the walkway to the baseball fields.
Paul Boyden asked Mr. Parker to stop the work and Install hay bales/silt fence Immediately. Mr. Parker
told the board the hay bales and silt fence were in place the next morning. Paul also asked that all
materials be stored away from the wetland side to prevent any run-off into the wetlands. Mr. Parker told
the board all materials were stored on the walkway.
Mr. Parker said as soon as the poles have been installed, the area will be graded and loamed and hydro-
seeded. He said the work should be completed within 2 weeks.
Mr. Parker mentioned to the board that the stream is deUing very over-grown.
Elizabeth said she talked to Rick Alves, Interim Town Engineer about the trenches. He said he was never
notified. Trench permits go through DPW not the Englheering Department.
Elizabeth suggested that Lee Azinheira be made aware of the violation to prevent future problems for the
town.
An After the Fact Request for Determination of Appllca~i1ity will be filed. Elizabeth will help Mr. Parker
with the filing. The board asked him to bring a plan and the trench permit to the office.
Derek House asked Elizabeth to look into why Conservation was not notified. Elizabeth will e-mail Lee
Azinheira
Colin Caul dwell made the motion to have the school file an After the Fact RDA for the light pole project at
the varsity baseball field.
Derek House seconded.
Motion passed 6-0.
Hearing ended at 8:44 pm.
The new Open Meeting Laws will take effect July 1, 201.0. At the Department Head meeting today, Bill
Ross, the Town Manager, went over the new requirements.
Meeting notices with agenda attached must be posted 48 hours before the meeting - excluding week-
ends and holidays.
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The biggest change will be the posting in an area aocessible to the public at all times. Elizabeth said it
will probably be posted in the air lock between the It&nl doors.
All documents, including photographs, recordings"rnaps/plans and anything submitted or displayed
during the meetings must be part of the official reb&fd - all documents must be attached to the Order of
Conditions.
Departments, commissions and boards will be inviled to the high school to hear an attorney talk about the
new laws.
Keep Mansfield Beautiful: Each year volunteers hEjlp, Clean up the Town of Mansfield. In an e-mail, Neil
Rhein invited the board to the next meeting, Mbi1st '4th at 7:30. The Committee will also meet
September 8th and October 6th. Colin said he will aHl'lhd the August 4th meeting.
Derek House suggested contacting the Sheriff's Depailment to help with the clean-up. Elizabeth said Bill
Ross brought this Ut> in the Department Head meeting. Lee Azinheira was asked to contact the Sheriff's
Department. Paul Boyden suggested Covidien be ,contacted. They have groups of volunteers who do
work in the town. Colin will bring this up at the meeting.,
11,000 gallons of Jet fuel was spilled in Foxborough near the ramp of 1-495 south and 1-95 south. The
spill occurred close to the Mansfield town line. Thete Is a concern the fuel will get Into the ground water.
The EPA and DEP are on site.
Derek House will go out to the site to document the s~lII and report back to the board.
Elizabeth told the board an e-mail was forwarded tq Rich Aives from Mass DOT concerning a pre-
construction meeting for the Mass Highway project.Th$ meeting will be Thursday July 8th at 10:00 am.
She said Conservation and the Engineering Deparlments were not properly notified. She will not be
available for the meeting so she asked if any board members can go. If not, Conservation will need their
own pre-construction meeting. Michele White sUggested that the minutes of the meeting be sent to
Conservation.
Derek suggested a letter be sent reminding them theY are supposed to come to Conservation first; what
about the wetiand monitor who is supposed to cohsult with Conservation? He said they are not in
compliance with their permit and the project has not elien started.
Elizabeth has a meeting with Catherine Memory, 23 ~akeview Avenue, July 8th at 2:00. She would like to
have a commission member there. She has also asked that Michael Trowbridge of hutchins-Trowbridge
Associates be there. Michael said he will come.
Because of the short hours for Conservation, Elizabeth has contacted Gate Farrugia at the Council on
Aging, asking for volunteers for approximately 20 hours per week to help with deed researches on
Conservation land, taking care of files, answering the telephone, etc. Volunteers would be eligible for the
Tax Abatement Program.
Elizabeth asked the board to look over the Mansfield Youth Baseball contract for the ball fields on Otis
Street. She asked the board members to e-mail otphohe with any changes or additions to the contract.
Peter Smith, president of the organization, will be aSked to a future meeting.
National Grid: Elizabeth has met with the representatives for National Grid about the vegetation
management for the Great Woods area. They dohot want to file for the vegetation management on
advice of an attorney. National Grid will come to thEl next meeting. Because it is also NRT land, Lou
Andrews will also attend.
Elizabeth told the board Conservation has never received a 5 year Vegetation Management Plan from
National Grid.
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Wayside Estates: Elizabeth received a call from an ilbulter - he is concerned about the potential vernal
pools on this site.
Elizabeth is meeting with a consultant for the properly Juiy 6th at 1 :30 pm to go over the delineation on
this site.
Paul Boyden asked Elizabeth how long the Departmeht Head meetings are - she said they last about 2
hours. He said her hours should be extended by 2hqurs when she altends the meetings. Paul would
like a letter sent in regard to the time taken away from the office for these meetings. Elizabeth said they
are not weekly anymore; they are every other week.
Colin Cauldwell told the board the meeting with the Selectmen went very well. He said he told the
Selectmen that some towns finance their wetland persoh thru the water department - might be something
to look into.
Colin also updated the board on the re-building of tHe Judy's Lane bridge. He has met with a concrete
person-he can do the footings as called out in the plahs that the engineer provided. Colin has also met
with Mike Ahern. Mike will get a price for widening the trail, grading, etc.
NRT has raised $4,500.00 for the bridge replacemeiit Colin said Conservation also has money that can
be used for the bridge.
An RDA filing will be necessary for the bridge replace,ment. New building codes require railings to be 42"
high but Colin said bridges on federal, state and tbl'lh Conservation land have no railings. He named
surrounding towns that do not have railings on their footbridges. Because a building permit will need to
be applied for, he will talk with Nick Riccio about the railings. He and Carole both stated that the work
can be done under the Mansfield Wetland Protection Ely.law.
Derek suggested that the proposal be sent to the Seliidrnen for approval and that the Selectmen sign off
on the proposal.
Colin Cauldwell made the motion to approve the minUtes of June 14, 2010 as written.
Carole Matthew seconded.
Motion passed 5-0. Derek House abstained.
Derek House said while at the fields on Otis Street. he noticed construction going on; machinery,
excavators on site; soil has been brought in, piping arid rocks have been placed within the wetland line;
trenches are being dug on the main road. Next to the pohd, gravel and road material has been added.
The board asked that an Enforcement Order be Issued to Mansfield Youth Baseball re: work in an area
under the jurisdiction of Conservation and the MansflElld Wetland Protection By-law.
Carole Matthew: When Carole's subdivision was built, Naturat Heritage suggested Conservation
Restrictions be placed on several of the lots (noted iii the April 26th minutes). She would like the
restrictions on 3 lots on Pattys and Elyse Roads registered. Paul said the Conservation Restrictions
should be sent to town council for review.
Bird Road - the board requested that letters again be Sent to homeowner in this area and that (10) ten
signs reading "Environmentally Sensitive Area - Do Not Disturb" be purchased for the open space on the
corner of Mary Dee and Bird Roads. Signs are to be placed on 50 fl. centers.
I 12. Adjournment
Colin Cauldwell made the motion to adjourn at9:19 pili.
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Jack Smith seconded.
Motion passed 6-0.
l~ II/) I o.tJ /IJ
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