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HomeMy WebLinkAboutCONSERVATION 07262010 Conservation Minutes July 26, 2010 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Colin Cauldwell; Michele White; Carole Matthew; Derek House; Jack Smith; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meeting called to order at 7:00 pin. I 2. Requestfor Determination of Applicability: Mansfield Public Schools-Jordan Jackson - 255 East Street. Walter Parker, Director of Buildings and Grounds. The project was started without a filing; work was done within 25 ft. of a perennial stream. Work included excavation for 11 (eleven) pre-fab light pole bases, 18'x4' deep along the iong the Jordan Jackson School driveway adjacent to the varsity baseball field. A 400 ft. trench was excavated and installed along with a PVC pipe 18" below grade. Mr. Parker told the board the work will be completed within the next couple of days. He said the disturbed areas will be backfilled, graded and loamed and seeded or hydro-seeded as soon as possible. Silt fence with hay bales were installed approximately 200 ft. along the perennial stream to prevent any run-off from entering the stream. Paul Boyden asked about the repairs to the footbridge on the property. Mr. Parker said he thought the repairs would be done as an Eagle Scout project. Elizabeth said she thought the board was going to issue a Positive 3 Determination and require a Notice of Intent (NOl) be flied. Colin Cauldwell said the board needs to address the filing even though the work has already been done. He said the work is within 6 ft. of the perennial stream and feels the NOl needs to be filed. Derek House said the area was disturbed before the by-law, it is a created wetland and functioning as a wetland and questioned whether the NOl was necessary. Carole Matthew said the question was whether the project meets the by-law. She asked about 2.2 2 and 2.2 1 of the by-law. Joe feels the project meets the criteria of 2.2 1. Elizabeth said the board needs to decide if they want to issue a Positive Determination and have the applicant submit an NOl or issue a Negative Determination. Colin Cauldwell asked that the NOl be required. Colin Cauldwell made the motion to issue a Positive 3 Determination - the work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent - for the project at the Jordan Jackson Schooi, 255 East Street. Carole Matthew seconded. Motion passed 6-0. Mr. Parker will file the Notice of Intent for the August 23, 2010 meeting. I 3. RequestforDetermination of Applicability: Donna Fitzgerald, 10 Fram Drive, Map 39,Parcel 412. Donna and Michael Fitzgerald, the homeowners, were present. Mrs. Fitzgerald told the board the existing deck is falling off the house and they want to remove the existing 10x10 deck and construct a new 10x20 deck. Mr. Fitzgerald said the new deck wili be no closer to the wetlands. All new footings for the deck will be necessary. The stairs wili run along the side of the deck. All work wili be within the 100 ft. buffer of bordering vegetated wetlands and ACEC and within Estimated and Priority Habitats. Elizabeth said the existing deck is 61 ft. from the wetlands. Erosion controls will not be necessary. She said trash and lawn clippings have been thrown into the wetlands and she asked the homeowner to remove all debris from the wetlands. Joe Mulkern asked if the post holes would be dug by hand. Mr. Fitzgerald said he planned on bringing in machinery for the footings. The board asked that they be dug by hand. Carole Matthew told Mr. and Mrs. Fitzgerald their property is within a Rare Species Habitat and the grass clippings should be removed from the wetlands; no trash or grass clippings should be placed in the wetlands. Colin Cauldwell asked that any fili from the post holes not be placed in the wetlands. Colin Cauldwell made the motion to issue a Negative 3 Determination for the deck replacement and expansion for 10 Fram Drive. The post holes are to be dug by hand and any material excavated during construction is to be spread in upland areas away from the wetlands. No fill or grass clippings are to be placed in the wetlands. Paul Boyden seconded. Motion passed 6-0. I 4. Request for Order of Conditions Amendment: Canoe River Campground Dam Rehabilitation#2H ,0824. Rick Alves, Interim Town Engineer. The Engineering Department is requesting an amendment to the Order of Conditions for the Canoe River Campground Dam Rehabilitation, issued March 10, 2009. The Town of Mansfield has performed inspections of town-owned dams to bring them in to compliance with the new laws and regulations. The inspection of the Canoe River Campground Dam showed areas that needed to be repaired. Funding has become available through the Annual Town Meeting of 2010. The state issued an Order on February 22, 2008, requiring the Town to repair the dam by November 30, 2009; an extension of that Order was granted with the dam repairs to be completed by November 30, 2010. Rick told the board the road wili be shut down for 2 weeks and the project should be completed within 60 days. Bidding for the project wili start by the end of August and repairs started in September 2010. The work will include embankment repairs, roadway improvements, the removal and replacement of the primary and auxiliary spiliway with pre-cast structures within the 100 ft. buffer of bordering vegetated wetlands and within an ACEC, the Canoe River Aquifer. Primary spiliway: The existing stone and concrete primary spiliway and training walls wili be removed. A new 7ft high by 14 ft. wide by 42 ft. long pre-cast concrete culvert wili replace the bridge over the primary spiliway. The primary spiliway control structure design will be modified to allow for pre-cast construction. The concrete culvert will be constructed in the original foot print, leaving enough room for future 12 ft. lanes. The existing pavement is approximately 20 ft. wide; the box culverts and the relocation of the guardrail wili allow 2 for the expansion of the lanes for safely. The expansion for the lanes will be on the opposite side of the pond. The proposed design has a fixed crest spillway to mimic the existing spillway and two (2) 4 ft. wide stop log bays. The existing bridge will be totally removed; because of the present weight restrictions, only cars are allowed on the bridge at this time. Auxiliary spillway: The existing stone and concrete auxiliary spillway will be removed. A new 4 ft. high by 8 ft. wide by 42 ft. long pre-cast concrete culvert is proposed to mimic the existing spillway. The auxiliary spillway control structure design will be modified to allow for pre-cast construction. In addition, the breached section of the downstream masonry wall will be repaired and re-graded to stabilize the slope. Embankment repairs: There are no changes from the original filing. The embankment of the pond at Mill Street will be cleared and graded to a stable slope, with rip rap provided to protect the slope. The man-made downstream diversion channei will be graded to stabilize the new slope walls and direct runoff to the primary channel. A portion of the embankment between the main pond and the campground duck pond will be repaired to raise the embankment of the main pond 1 ft. to meet the required design elevation. Roadway Improvements: Improvements to Mill Street will include re-grading the roadway embankment slopes, installation of curbs and drainage swales for stormwater management because of the widening of the lanes to 12 ft. Elizabeth asked if it would be necessary to remove dead trees and/or cut trees in the wetlands on the other side of the road. Rick toid the board additional trees will have to be removed in this area. Erosion controls will be hay bales with silt fence barriers installed at the limit of work, as per the original plan. When the work is completed, the disturbed areas will be loamed and seeded. Control and diversion of water during construction will be completed in two phases, to maintain normal flow throughout construction. Implement of impoundment drawdown will be maintained and provide required by-pass/pumping to dewater areas for work to be completed in the dry. Paul Boyden made the motion to accept the amendment to the original filing, DEP #211-0824. He asked that Rick Alves change the date, July 2010, on the plan to July 26, 2010 - Plan of Record - Town of Mansfield Canoe River Dam infrastructure Repairs and Replacement Works MA 02432/6-3-167-2, dated July 2010 - revised date July 26, 201. Additional plan - Canoe River Dam Infrastructure Repairs and Replacement Works MA 02432/6-3-167-2 - Resource Plan, dated July 26, 2010. Plan stamped by Allen Orsi, P.E., PARE Corporation. Colin Cauldwell added the following to the motion: Elizabeth or a Commission member be present at the pre- construction meeting with the contractor; as much as possible, native wetland material be preserved and replanted in the restoration area; turbidity controls be placed in the field to prevent siltation downstream of activities; if dewatering is necessary, Elizabeth is to be consulted; Elizabeth is to be consulted regarding the wetland restoration. Colin seconded the motion. Motion passed 7-0. 5. Request for Determination of Applicability: Mansfield Commercial Investments LLC, 315, 321&33:3 School Street, Map 11, Parcell and Map 12, Parcels 10, 12 and 13. 3 Phil Cordeiro, P.E. Project Manager from Allen & Major Associates, Inc. and Kerry McCormack, Mansfield Commercial Investments LLC, were present. The RDA was filed for the removal of three existing structures and the construction of two (2) buildings - 20,600 sq. ft. of retail space and 25,000 sq. ft. of office space - with associated parking, drainage and utilities. A small portion of the property lies within the 100 ft. buffer of bordering vegetated wetlands. The proposed project is separated from the resource area by an existing right-of-way and the infrastructure of 5chool Street. A similar project was proposed in 2007. A Negative 3 Determination was issued April 23, 2007. The Determination has now expired. Elizabeth walked a substantiai portion of the wetlands on the property across the street 5 years ago. The wetlands are much larger than what is shown on the DEP wetland maps. She told the board there is a lot of information to be reviewed under an RDA filing. She told the board the stormwater management needs to be reviewed to make sure it is in compliance under WPA and the Mansfield Wetland Protection By-law. She said she would like to see more information regarding the wetland areas across the street. She told the board the delineation across the street was done for Mansfield Crossing; there is not a current delineation; there also appears to be additional wetlands on the project site and on the Mansfield Crossing site. She said the project is definitely a good project but feeis the project warrants a closer look under a Notice of Intent. She told the board the project will have a site plan and special permit review next week. Rick Alves, Interim Town Engineer, said he received the plans July 13, 2010; he has briefly reviewed the drainage calculations and the plans. He told the board the stormwater appears not to have increased off site from what is now being proposed. He said the major change to the project is the previously proposed plan called for 3 buildings; the new plan is for 2 buildings. The infiltration system has changed from the original design. He has looked at the total off site conditions for the 2, 10, 25 and 100 year storms; no increase from the previous conditions. He told the board he needs additional time to review the plan. There is a sewer easement on the property and he needs to verify the elevations on the new plan coincide with the eievations on the as built of 3 years ago. He said he does not have any major engineering concerns as long as the pipe sizes are designed under the 25 year storm. Phil Cordeiro told the board the retail building will be one story and the second building will be a 3-story building with retail on the first floor and office space on floors 2 and 3. Phil Cordeiro said there will be a department head meeting August 3'd at 9:00 am and the project is on the agenda for the August 18th Planning Board meeting. Joe Mulkern asked when the existing houses will be taken down and when the project will start. Phil Cordeiro said the Building Department is involved with the demolition of the structures. The applicant hopes to begin before winter time of this year - construction to take place over the winter with completion by spring or early summer of 2011. Paul asked if the square footage of the proposed buildings exceeds the square footage of the original design. Phil Cordeiro said there is less building square footage with the proposed plan. The impervious is the same - the building coverage is less; 35% open coverage per zoning for the original filing. Derek House asked if Elizabeth thought the wetlands have increased due to the run-off from Mansfield Crossing. She said no. Carole Matthew agreed with Elizabeth that a Notice of Intent should be filed for the project. Elizabeth told the board that you can not condition an RDA; you would need an NO! to condition this project. 4 Colin Cauldwell said when he walked the site, he noticed wetland communities, several thousand square feet, up toward the highway, probably from water sheeting off the highway. He said the drainage is not very good in this area. He wanted to know if the wetlands are non-jurisdictional. Elizabeth said she did not know because they are not shown on the plan. She said these wetlands are part of what needs to be looked at under a larger, more inclusive filing. She asked if there are any other wetland resource areas other than what has been depicted on the plan that need to be addressed. Paul Boyden said all the resource areas need to be reviewed before the board can approve the project. Colin Cauldwell said the project has not been through a site pian review and suggested that the applicant get site plan approval first; if the plan is approved tonight and there are changes from the site plan review, the applicant would have to return to Conservation. Phil Cordeiro addressed the issue of potential wetlands on the site. He said the original filing called for the sewer to be done first then the construction of the buildings. Because the area was not properly graded, there are pockets of standing water on the site. He said he does not consider them wetlands and does not believe these areas are jurisdictional. Elizabeth told him the areas still need to be looked at. Paul Boyden asked about the Operations and Maintenance Plan submitted. He did not see any snow removal criteria; where it will be placed on site, will it be removed off site and is sanding proposed? Phil Cordeiro said they have identified pockets for snow removal areas. He said it has been conditioned on the plan. When these areas reach capacity, the snow will be removed off site. Colin Cauldwell made the motion for a Positive 3 Determination - the work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent - on the Request for Determination of Applicability for 315, 321 and 333 School Street, "Site Development Plans for Mansfield Commons", dated July 9, 2010. Caroie Matthew seconded. Motion passed 7-0. Colin Cauldwell made the motion to request the applicant file a Notice of Intent and return for a future hearing. No second or vote. The applicant has filed a Request for a land Disturbance Permit. 6. Request for a Land Disturbance Permit ~ Mansfield Commercial Investments, LLC-315,321and333 School Street, Map 11, 12, Parcels 1-10, 12 and 13. The applicant is required to submit a Land Disturbance Permit under the Stormwater By-laws. Total area of the site is 166,757 sq. ft. Total area of disturbance is 161,471 sq. ft. Elizabeth said the Land Disturbance Permit should be part of the Notice of Intent. Colin Cauldwell said, until Rick Alves has reviewed the plan, the board really can't address the permit. Colin Cauldwell made the motion to continue the hearing for the Request for a Land Disturbance Permit for 315, 321 and 333 School Street to the August 9, 2010 meeting to give Rick Alves, Interim Town Engineer, a chance to review the plan. No second or vote taken. 5 Phil Cordeiro was asked about a construction schedule. He said the plan is to remove the existing structures first. He said a lot of the pavement has already been removed. General clearing of the land - trees, vegetation will be removed; general grading, installation of the drainage system, minor sewer work, utilities, removal of remaining existing pavement, replaced with new pavement and construction of the proposed buildings. I 7. Other Business: The Vickery deed for the South Main Street land donated to Conservation has been returned and recorded. Carole Clemmey, South Walnut Street wetland restoration approval under the Mansfield Wetland Protection By-law. Edward Casey of Casey Law Offices, P.C., Bill, Karl and Dan Clemmey were present. In a settlement between the Clemmeys Boston lawyer and Robert Mangiaratti, Town Council, the Clemmeys agreed to restore a small area near Home Depot on South Walnut Street (Map 11, Parcel 28). The board approved the restoration plan submitted November 2004. An area of approximately 2,288 sq. ft. was to be restored; 2,700 sq. ft. were actually restored. There are a total of 6,000 sq. ft. of wetlands on the site. Attorney Casey told the board an as built dated July 8, 2010 has been submitted. There are no outstanding violations or orders related to the site. Elizabeth has been to the site and it appears to be a viable restored wetland resource area with a variety of non-invasive wetland species. Paul Boyden asked about the pile of dirt beside the restored area; are there plans to remove the pile and if not, is the restored area being protected? Dan Clemmey told the board there are hay bales In place and there are no plans to remove the pile at this time. Colin Cauldwell told the Clemmeys that any further work would require a filing, including the removal of the dirt. Colin Cauldwell made the motion to accept the as built plan as submitted by RIM Engineering, Inc., dated July 8, 2010, for the wetland restoration for Map 11, Parcel 28 on South Walnut Street. Jack Smith seconded. Motion passed 7-0. Kenny & Yvonne DeFazio, 88-90 High Street: a change to the plan of record. Kenny DeFazio was present. The original 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. Because the shed would be placed in a flood zone, the applicant was required to compensate for flood storage. A total of 256 sq. ft. of compensation would be required. On June 14, 2010, the Commission voted to accept "method 1" - a catch basin, designed to provide 288 sq. ft. of compensation, was to be placed at the rear of the shed - as a viable plan to provide for compensatory storage in the flood zone and within the buffer zone of Fulton Pond. In addition, restoration plantings were to be planted along the bank to stabilize the area and to mitigate for the cutting of trees within the buffer zone. 6 When the engineer hired by Mr. DeFazio was surveying for the shed placement, it was determined the approved location was no longer a viable option. The engineer told Mr. DeFazio It did not make sense to put the shed under the large existing tree, that he should bring the shed forward, placing the shed further away from the water mark. Mr. DeFazio said he would like to take the tree down; he would plant a maple tree between the new shed and the water mark to compensate for the tree removal. Elizabeth asked that the new location of the shed be added to the plan, revised June 14, 2010 (original plan of record dated May 3, 2010). The plan submitted tonight with the new location of the shed does not show the restoration plantings. She asked that a new plan be submitted to show both the new location of the shed and the restoration plantings. The location of the maple tree should also be on the new plan. Joe asked If Mr. DeFazio could revise the plans tonight. Elizabeth will help Mr. DeFazio revise the plan with the new location of the shed and the restoration plantings, the removal of the existing tree and the location of the Red Maple tree between the shed and the water mark. The revision date will be July 26, 2010. Colin Cauldwell made the motion to accept the amended plan as drawn, revised July 26, 2010, for 88-90 High Street with the removal of one (1) tree and the replanting of a Red Maple tree. Motion passed 6-0. Derek House abstained. Derek House asked about Bird Road. Portions of Bird Road are in an Area of Environmental Concern (ACEC) and an Estimated and Priority Habitat for rare species. At the April 26th and June 28th meetings, 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 in the open space on the corner of Mary Dee Lane and Bird Road. The board decided 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. Colin suggested that board members go door to door to let the residents know there is to be no more dumping on this property. The signs have not been purchased and the letters have not been sent. Derek House offer to make up the letter. Colin and Derek suggested the letters be hand delivered or sent out by certified mail. Carole Matthew asked again about the Conservation Restriction Natural Heritage suggested be placed on several lots in her subdivision. There is a draft of the Conservation Restriction in the subdivision file. She said Dick Lewis, the former agent, never followed through. At the April 26th meeting the board voted 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. It was suggested that Town Council be contacted. Paul and Carole will contact Town Council. Derek told the board about the fuel spill on I -49S. He met with someone from the Foxborough Conservation Department. There was no run-off toward Wading River - the spill was contained in the 495 Interchange. He told the board the situation was handled very well by the state. He talked with the highway department and the people doing the clean-up and they explained what they plan to do and the measures they are using to contain the spill.. He said most of the interchange would have to be dug out and the wetlands restored in the area. Approximately 8000-9000 gallons of fuel was recovered. He took pictures of the damage. The site is not within Mansfield's jurisdiction. Approval of the minutes of July 12th and June 28th: Carole Matthew would like the record corrected; her statement made on page 2, paragraph 11, of the July 12th minutes was incorrect. It would be a new filing under 2.6 of the Mansfield Wetland Protection by-law because the property is within a Rare Species Habitat. The applicant would be held to the 100 ft. no touch unless they have a Rare Species study done. 7 Carole Matthew made the motion to correct her statement made in the July 12th meeting minutes, page 2, paragraph 11, in tonight's meeting, July 26, 2010, referencing Wayside Estates, 10 Saddle Ridge Road, Lot 1, Map 2, Parcel 215. Statement should have reflected the fact that the applicant has to file with Conservation; it would be considered a new filing under the Mansfield Wetland Protection By-law. Any work within 100 ft. of the wetland delineation would require a new filing, not the 50 ft. distance stated by Carole Matthew. Colin Cauldwell seconded the motion. Motion passed 7-0. Elizabeth asked that page 2, paragraph 2 be rewritten to read "a small portion of wetland areas were not verified by Elizabeth. These wetlands are not applicable to this project". Colin made the motion to change paragraph 2, page 2 of the July 12, 2010 minutes as stated. Carole Matthew seconded the motion. Motion passed 7-0. Minutes of June 28, 2010 were not approved. I 8. Adjournment: Derek Hous~ade the motion to adjourn. Colin Cauldwell seconded the motion. Motion passed 7-0 NEXT MEETING WILL BE AUGUST 9, 2010 ~~ Joseph Mul ern, Chairman /()- / or ~ .-l() / (l Date 8