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HomeMy WebLinkAboutCONSERVATION 08232010 Conservation Minutes August 23, 2010 Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Colin Cauldweil; Michele White; Carole Matthew; Derek House; Jack Smith; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meetingcailed to order at 7:0S pm. 2. Request for Determination of Applicability: Mansfield Conservation Cornmission, Taylor's Hill Conservation Area, Judy's Lane, Map 14, Parcel 10. Colin Cauldweil, representing the Conservation Commission was present. The RDA was filed to widen and grade the trail in Taylor's Hill Conservation Area to accommodate the equipment needed to remove and replace the coilapsed bridge. The new bridge design will conform to ASTM Bridge crossing standards. The work will be conducted within the 100 ft. buffer of bordering vegetated wetlands and the 200 ft. Riverfront, the Rumford River. The bridge is the only means of access into the Conservation Area. The bridge has been replaced twice; Natural Resources Trust rebuilt the bridge the 1970s and the town repaired the bridge in the 1980s. The original bridge has coilapsed and was condemned by DPW. Colin told the board about 7-8 ft. of the trail wiil have to be cleared. The vegetation will be cut at the soil line and put off to the sides of the trail. The trail will be re-graded. Colin told the board about 20 yards of material will have to be brought in. The existing bridge will be puiled out. Four (4) smail footings will be rodded into the existing abutments. Pressure-treated lumber will be used for the decking to meet requirements. Work will be done in the dry season and every precaution wiil be used to limit damage to the surrounding vegetation and resource areas. The water is about 2 ft. deep under the bridge at this time. Natural Resources Trust (NRT) has received contributions for the bridge replacement. Fund raisers wiil also be held. Colin said if any resident would like to contribute to the project they can send a check made out to the Town of Mansfield, clo Lou Andrews at 155 Fruit Street, Mansfield. The bridge will be replaced at no cost to the town. The replacement is ailowable under the Mansfield Wetland By-law 2.5 [the foilowing activities may be permitted within 25 feet of a resource area: the creation of wetland replacement, or mitigation areas, instailation of drainage outfails, grading work associated with additions to existing Single-family homes, the maintenance and construction of trails, resource improvements projects, such as the cleaning of streams or the creation of park areas]. Elizabeth said the project also fails under 2.2 2 of the by-law [maintenance, repair, or replacement, without substantial enlargement, of existing structures and facilities used to provide services, and existing public ways and associated drainage facilities] and the Wetland Protection Act, 310 CMR 10.02 2(a) [Activities Subject to Regulation Under M.G.L. c.131,940. - activities conducted to maintain, repair or replace, but not substantiaily change or enlarge an existing and lawfuily located structure or facility used in the service of the public] and 2(b) [Activities Within the Buffer Zone: any activity other than minor activities identified in 310 CMA 1O.2(2)(b) proposed or undertaken within 100 feet of an area specified in 310 CMR 10.2(1)(a) which in the judgement of the issuing authority, will alter an Area Subject to Protection Under M.G.L. c. 1319 40]. Paul thought signs, reading "No Motorized Vehicles Ailowed", should be instailed in the area. Colin said the plan cails for grading up to the bridge. Paul suggested a to-inch step onto the bridge would be better. Paul Boyden made the motion to accept the proposal as presented for the replacement of the bridge in the Taylor's Hill Conservation Area and issue a Negative 3 Determination with the following conditions: no grubbing of vegetation during construction and erosion controls will be installed where necessary. Hearing ended at 7: 15 pm. Colin toid the board the project will cost approximately $15,000. He told the board Rick Campbell provided the engineering design at no cost. William Ross, Town Manager and the Board of Selectmen are to be made aware of the project. Colin joined the board. I 3. Notice of Intent: Town of Mansfield SchooiDepartment, Walter Parker, 255 EastStreet-#211-08S3 ., Walter Parker, Director of Buildings and Grounds, was present. The project was started without a filing; work was done within 6 ft. of a perennial stream. Work included excavation for 11 (eleven) pre-fab light pole bases, 18'x4' deep along 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. Silt fence with hay bales were installed approximately 200 ft. along the perennial stream to prevent any run-off from entering the stream. Mr. Parker told the board the work is basically complete; the lights have been installed and the area has been stabilized. Paul asked that pictures be taken of the project and the surrounding areas. Colin said the project was allowable under 2.2 of the Mansfield By-law. Derek House made the motion to accept the Notice of Intent, DEP #211-0853 as presented for 255 East Street and issue an Order of Conditions. Work is allowable under 2.2 1 under the Mansfield Wetland Protection By-law. Colin Cauldwell seconded the motion. Motion passed 7-0. Hearing ended at 7:20 pm. I 4. Other Business: Mass Highway Project: Discussion with Paul Leofanti, the Project Manager, J.H. Lynch & Sons, Inc. and Karro Frost of New England Environmental, Inc. were present. Elizabeth told Paul Leofanti some of the conditions need to be done before any work was started. Condition # 3: An Environmental Monitor has to be hired and approved by the Conservation Commission. The Monitor must have experience in stormwater management, erosion and siltation control, wetland replication and upland invasive species management. The Monitor must submit a resume. The Monitor must be on site daily because of the scope of the project. Karro Frost of New England Environmental, Inc. will be the primary environmental monitor for the project. Ms. Frost presented the board with her resume along with resumes Michael J. Marcus and Bruce Griffin who will be working with Ms. Frost on the project. She said she would also send the resume electronically. She was 2 asked if she would be on site everyday during the work, especially any work done in or close to the resource areas on site. She told the board she is not sure she can be on site everyday. Condition #4 & # 11: No work is to start until after the pre-construction meeting is held between the Conservation Agent, Town Engineer, the Contractor and the Environmental Monitor. Elizabeth would like both Karro Frost and Paul Leofanti to come into the office to go over the special conditions for this project. Mr. Leofanti will call Elizabeth to set up a day and time for the meeting. Condition # 5: No work is to start until all erosion controls are in place and the controls have been inspected by the agent. Condition # 13: A detailed Sedimentation and Erosion Control Plan is to be submitted for Conservation approval. Condition # 29: A site walk will be done with the Tree Warden, a Massachusetts State Certified Arborist, the Monitor and the Town Engineer to identify trees and shrubs to be preserved onsite. A site walk will take place after the meeting with Elizabeth. Condition #35: The Conservation Commission will need a 24 hour/7 day a week emergency contact list for any problems with any part of the project. Mr. Leofanti will get a list of contacts to Elizabeth. Condition #39 & #41: A copy of the Order of Conditions is to be given to all contractors working on the site, the engineer and the wetland monitor. They are to sign a statement stating they have read and understood the Orders. A copy of the Orders is to remain on-site during the construction phase of the project. Both Mr. Leofanti and Ms. Frost said they have read the Order of Conditions. A proposed sketch outlining the proposed grading and an Operation & Maintenance Plan along with a letter dated August 18, 2010 were submitted by Rick Alves, Interim Town Engineer, for the man-made drainage swale along the bike path off Branch Street. The work would involve the re-grading of an existing swale back to its original condition, from the existing outlet at East Street to the existing inlet along the bike path for approximately 1,700 linear feet. Years of debris has built up in the swale and has created obstructions, causing the abutting private properties to flood. The proposal includes the creation of a berm to help alleviate the flooding. The work will be conducted within the 200 ft. riparian zone of Back Bay Brook. Elizabeth told the board there could possible be wetlands within the swale. Rick is requesting a waiver from filing a Request for Determination (RDA) or a Notice of Intent (NOl). Elizabeth asked if the board would accept the letter for any work under the O&M plan or would they want the project permitted. She told the board she feels an RDA should be filed and the board agreed. Elizabeth told the board she would like DPW to file a Notice of Intent for road and vegetated drainage ditch maintenance throughout the Town of Mansfield so the drainage systems can be conditioned. She has received a copy of the NO! done for the Town of Norton and has called other towns to see how they handle the regular maintenance of drainage structures, culverts and catch basins, easements, ditches, swales, etc. A planting plan has been submitted for 23 Lakeview Avenue. Elizabeth has approved the plan and the placement of the plants. Mrs. Memory will plant three (3) Spirea Japonica Alpina and one (1) Hydrangea bush on the southern side of the property to the left of the dock to provide a better buffer to the lake. One (1) Hydrangea bush and an azalea bush will be planted to provide a buffer between the pavers and the grass area to Greenwood Lake (on the edge of the bank behind the new grass). The plantings will 3 have to be monitored for two (2) growing seasons through reports and photographs. Elizabeth told the board the plantings are more than what was required in the agreement. Mrs. Memory is also required to remove approximately 12 to 13 rows of pavers including 1 row of border for a total of 161 sq. ft. The area will then be loamed and seeded as per the agreement. Mrs. Memory will also be replacing the landing and stair treads on the addition. She will be changing out the building material - pressure-treated lumber - with a composite material. She will apply for a building permit for the stairs. A letter has been written for the Clemmey property on South Walnut Street as per Dan Clemmey's request. Joe Mulkern and Paul Boyden, Chairman and Vice Chairman respectively, signed the letter. Permit Extension Act, Section 173: Because of the economic downturn, projects that have already been permitted might not have been started or completed. To prevent these applicants from having to go through the permitting process again because the permits have or are going to expire, any permit that is or was in effect for any part of the time between August 15, 2008 and August 15, 2010 will be extended for 2 years beyond its expiration date. Permits will only be extended for an approved project; if any changes are made to the plans, the expiration date stays the same. If the projects changes ownership, an extension will be given as long as the project is not changed. A list has been generated of the Orders of Conditions, Determinations and ORADs issued between these dates and the list has been passed on to the Building Department to have the files pulled to see which permits are still opened or have been closed out. If the permit expired on August 15, 2008, it will be extended to August 15, 2010. If the permit is issued on August 15, 2010, it will expire on August 15, 2015 instead of August 15, 2013. DEP Circuit Rider Workshop: A workshop, WPA Basics - the Act and Regulations - will be held on October 4, 2010 from 6:00 - 8:30 pm in Meeting Room 3 A/B. The workshop will be presented by Christine Odiaga. A notice will be placed on the town's web site and on the cable channel so residents interested in the workshop can attend. Paul made the motion to approve the minutes of July 26, 2010. Derek House seconded the motion. Motion passed 6-0. Colin Cauldwell abstained. The Gilbert Street Conservation Restriction will be passed on to the new town council. The board asked that the Board of Selectmen be notified. Elizabeth requested a letter from Xia Jin, GIS Manager, regarding the limitations of using GIS to determine resource areas, flood plains, etc. The letter was presented to the board and will be given to various town departments. The letter states that information depicted on the GIS is for general planning purposes only. It may not be adequate for legal boundary definition, regulatory interpretation or property conveyance purposes; the information is not guaranteed to be correct or complete. Elizabeth asked if this information should be put on the web site so anyone accessing the site will know the information might not be correct or complete. The board discussed the proposed regulations to the existing Town of Mansfield Wetland Protection By- law. Changes, corrections and additions will be made to the proposed reguiations and the corrected copy will be given to each board member to review. Michele White offered to type the changes into the document. 4 Colin Cauldwell made the motion to go into Executive Session at 9: 1S pm to discuss legal issues and to return to Open Session for the sole purpose to adjourn, Paul Boyden seconded the motion, Motion passed 7-0. ROLL CALL VOTE: Joe Mulkern, Chairman, aye; Paul Boyden, Vice Chairman, aye; Jack Smith, aye; Derek House, aye; Carole Matthew, aye; Colin Cauldwell, aye; Michele White, aye. VOTE: 7-0 PASSES The board returned to Open Session at 9:45 pm, I 5. Adjournment: Colin Cauldwell made the motion to adjourn at 9:46 pm. Paul Boyden seconded the motion, Motion passed 7-0. NEXT MEETING: SEPTEMBER 13, 2010 (, )/h ~ Joseph Mulkern, Chairman ;0.. /'!r- JOt 0 Date 5