HomeMy WebLinkAboutCONSERVATION 09132010
ConselVation Minutes
September 13, 2010
Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell;
Carole Matthew; Jack Smith; Elizabeth Leidhold, ConselVation and Environmental Planner.
11. Meeting called to order at 7;00 pm.
2. Request for Determination of Applicability: Town of Mansfield Engineering Qepartment -
Branch Street Bike Path.
Rick Alves, Interim Town Engineer, was present.
A berm will be created to help alleviate the flooding on to abutting properties. 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.
The swale has not been properly maintained and years of debris have built up in the swale,
creating obstructions and causing the abutting private properties to flood. The work will be
conducted within the 200 ft. riparian zone of Back Bay Brook.
Hay bales and silt fence will be placed along the Back Bay Brook to prevent any adverse impacts
to the resource areas. Erosion controls will be installed prior to construction and removed only
after the disturbed areas have been stabilized.
The stormwater system will be routinely inspected for proper functioning twice during the first
year. The grass swale will be inspected semi-annually to make sure the grass is adequate the
first year and at least once a year thereafter. The grass will be inspected for growth and the side
slopes will be inspected for signs of erosion. Alternative grass species will be planted if the
original cover is not successfully established. The grass will be cut no shorter than 3 to 4-inches.
The swale will be re-seeded periodically to maintain a dense growth of grass vegetation. Any
accumulated trash or debris is to be removed prior to mowing. There will be a 3:1 slope on the
berm; if it is 2:1, the slope will be stabilized. Rick told the board there is 1 ft. of silt at the
existing outlet.
RicK is asking for a Negative 3 Determination.
At the meeting of August 27, 2010, Elizabeth and the board discussed having the town file a
town-wide Notice of Intent for all stormwater/drainage maintenance throughout the Town of
Mansfield so the drainage systems can be conditioned.
Colin Cauldwell 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 the following conditions (if any) for the work described in the RDA]. Sketch of proposed swale
- station 12 + 50 to 17 + 50, dated August 18, 2010. Activities to be conducted are to comply
with the attached Operation and Maintenance Plan.
I 3. Request for Determination of Applicability; David Troilo, 167 Dean Street, Map 26, Parcel 6.
David Troilo, the homeowner, was present.
The RDA was filed for the installation of a 15'x30' above-ground pooi and an 18'x12' deck within
the 100 ft. buffer of bordering vegetated wetlands.
The pool and deck will be approximately 78 ft. from the restored wetland area and will be in the
zoning area of the property - 15 ft. from the side lines and 30 ft. front and back. (Mr. Troilo cut
several mature Red Maple trees and removed wetland vegetation within bordering vegetated
wetlands to a stream. An Enforcement Order was issued April 13, 2010. A restoration plan was
submitted and approved May 10, 2010)
Joe Mulkern asked Mr. Troilo where the filtration system for the pool would be located. Mr.
Troilo said the filter will be on the front end of the pool by the deck.
Colin Cauldwell asked if hay bales and/or silt fencing would be required since the area is fairly
fiat. Elizabeth said because the area is level and there is a lot of lawn between the pool location
and the wetlands, erosion controls are not necessary.
Paul Boyden made the motion to accept the drawing as presented, "Dean Street Wetland
Restoration Pian, dated May 30, 2010, revised "Above-Ground Pool and Deck Outside Wetland
Area, dated August 30, 2010 - Charette Land Surveying, Christopher Charette - and issue a
Negative 3 Determination. 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 the following conditions
(if any) for the work described in the RDA].
Colin Cauldwell seconded the motion.
Motion passed 6-0.
4. Request for Determination of Applicability: Adam Genovese, 37 Donald Allen Drive/Map 39,
Block 373.
Adam Genovese, the homeowner was present.
The RDA was filed for the construction of a 16'x21' addition to the right of the house on an
existing lawn within the 100 ft. buffer of bordering vegetated wetlands. The lot is partially in a
Natural Heritage Area.
The addition, to the east of the existing house, will be over 50 ft. away from the wetlands.
Because the yard is a sloped, hay bales and silt fencing will need to be installed at the rear of the
addition.
Colin Cauldwell asked if it would be appropriate to install roof drains/dry wells in the back of the
house for the addition but away from the septic system. Because there are gutters on the front
of the house, dry wells will not be necessary for the front
Paul Boyden made the motion to accept the plan - RIM Engineering Co., Inc. Proposed House
Addition at House No. 37, Donald Allen Drive, dated April 7, 2010, revised April 27, 2010 and
Figure 5 Erosion Control Detail- for the addition at 37 Donald Allen Drive and issue a Negative 3
Determination [the work described in the Request is within the Buffer Zone, as defined in the
regulations, but will not aiter an Area subject to the following conditions (if any) for the work
described in the RDA]. Hay bales/silt fence to be installed per enclosed detail sheet and
inspected by the agent before work commences; 2 roof drains for the addition to discharge to dry
wells in the front of the house in location depicted on the above referenced plan, revised and
initialed by the applicant at the September 13, 2010 meeting.
Colin Cauldwell seconded the motion.
Motion passed 6-0.
I 5. NoticeofIntellt:Michael and Lisa Smith, 3Keli Lane, Map 40, Parcel 277. #211-0855.
The Notice of Intent was filed for a proposed pool, patio, and spa and grading within the 100 ft.
buffer of bordering vegetated wetlands, a stream and within an ACEC, the Canoe River. There is
an isolated wetland on site also.
Michael Henchey, Guerrini Landscaping, was present.
Mr. Henchey told the board the applicant is proposing an outdoor living area to include a
fireplace, a barbecue, sitting area and an in-ground pool. He told the board some of the work
has already been done. There is an existing concrete terrace and a boulder retaining wall; both
will be removed. New plans - Proposed Outdoor Living Area - were submitted at tonight's
meeting.
Carole Matthew said the work falls under the town's by-law. She said the property is within an
Estimated and Priority Habitat, with a potential vernal pooi and a stream. The house was built in
1999.
Elizabeth told the board from wetland flag A2 to the existing terrace, it is approximately 38 ft.
from the isolated wetland. The isolated wetland is near the stream and the wetlands. She said
the stream runs under the roadway. She said the property is within an ACEC area but not in a
Naturai Heritage Area. Carole Matthew said according to the most recent maps the area is within
a Priority Habitat. Colin Cauldwell agreed with Elizabeth; the house is not within a Natural
Heritage Area. He said it appears the map excludes the sub-division from the Priority Habitat but
the area surrounding the sub-division is in the Priority Habitat.
Elizabeth told the board the work is being done close to the isolated wetland. Colin Cauldwell
said it appears the isolated wetland is not jurisdictional on the state level but asked if is
jurisdictional under the town's by-law. Carole Matthew told the board any isolated wetland under
5,000 sq. ft. is not jurisdictional (under Section 2 Jurisdiction of the town's by-law).
Elizabeth told the board yard waste is being dumped in the wetlands. Applicant will be told not
to dump anything in the wetlands.
Colin Cauldwell said it looks like the boulder wall is right on the wetland line and suggested it be
pulled in a couple of feet.
Carole asked what type of filtration system will be used and If a froglog should be required.
Michael Henchey said the system would be a salt system with cartridge. Because the pool is a
salt water pool, a frog log would not be useful. Carole asked that netting, recommended by
Natural Heritage be placed along the bottom of the fence - MA Endangered Species Act (MESA)
recommends a 6-inch tall barrier along the bottom of proposed fences. The barrier consists of
fine mesh hardware cloth (<0.25-inch openings) attached to the fence and pushed into the
ground, or vertical curbing.
Joe Mulkern said the yard waste and the existing structures should be removed from the
wetlands and stream, the disturbed areas should be replanted and signage placed to keep people
out of the resource areas.
Carole Matthew asked what kind of shrubs would be planted. Mr. Henchey said he would plant 2
Chinese dogwoods and ornamental grasses. He said in shaded areas perennials would be
planted.
Michele White asked for a clarification on the fencing: is the board requiring a Natural Heritage
fence and/or a berm? Only the fencing will be required.
Michael Henchey told the board that the pool construction will not start until next spring. The
immediate outdoor living area will be done this fall.
Colin Cauldwell made the motion to accept the plan - Conservation Plan 3 Keli Lane, Hutchins-
Trowbridge Associates, Inc. - as drawn, dated August 23, 2010, and to issue an Order of
Conditions with the following special conditions: hay bales/silt fence line to be inspected by
Elizabeth when installed; fencing, per Natural Heritage recommendations, to prevent amphibians
from entering the pool is to be installed between the isolated wetland and the pool - fencing
should be in place before the pool is installed; all wetland areas that have been used as dumping
areas be cleaned up; that the structure across the stream be removed; any cutting that has
occurred within the wetlands be restored and a plan be submitted for the restoration to the
Commission; a sign be installed near the trail line to indicate the area as an Environmentally
Sensitive - Do Not Disturb Area; the proposed boulder wall behind the pool will be moved 3 to 4
ft. away from the wetlands, as shown on the sketch dated September 13, 2010; fencing should
be shown on the plan of record; all conditions should be completed before any more work is
done.
Carole Matthew seconded the motion.
Motion passed 6-0.
I 6. Notice oOntent: John F. Souza, 31 Cobbler Road, Map 12, Parcel7!. .#211-0854
Ralph Maloon, RIM Engineering, and the homeowner, John Souza were present.
The Notice of Intent was filed to install a pump and a pump chamber to be piped to a catch basin
within the 100 ft. buffer of bordering vegetated wetlands.
Ralph Maloon told the board the wetlands have expanded over the years and are now flooding
the back yard during heavy rain storms. The homeowner told the board the back yard floods up
to 6 inches and to within 6 ft. of the house.
Ralph Maloon said John Sullivan, the former Town Engineer, did not want to interfere with the
street drainage by allowing the water to be drained into the town's system. Mr. Maloon told the
board he could drain some of the water by gravity but it might interfere with the peak flow. He
said a pump chamber would be Installed and the water would be pumped to the street through a
2-inch pipe. One of the concerns is that the wetland not be drained; to prevent this from
occurring, the pump will go on at a water elevation level of 128 and shut off at an elevation of
127.
Rick Alves, Interim Town Engineer, told the board he walked the site In the summertime and
discussed some options with the homeowner. He feels the homeowner has done everything he
can to prevent all the water from entering the property and that the pump chamber is the oniy
solution. He said part of the problem is an existing swale behind the property. The swale carries
water from Rte. 140. Rick said he walked with someone from DPW during the wet season - the
outlet pipe is set level. The pipe is supposed to outlet away from 31 Cobbler Road downstream.
The pipe provides control for Mansfield Crossing. He said the stream bed at Mansfield Crossing is
4-inches below the swale and should be maintained and cleaned by the state. He said it holds a
lot of stagnant water causing a mosquito problem and a hazard for the children in the
neighborhood.
Rick and Lee Azinheira walked the site and because of all the work and costs incurred by the
homeowner, they both agree the pump chamber is the best solution so the wetlands will not be
drained and the flooding of the yard and basement will not longer be a problem,. The water will
be pumped directly into the town's drainage system and the water will end up at the same outlet
as Mansfield Crossing.
Colin Cauldwell said "essentially you are going to mimic the swale with a pipe and outlet it to the
pump chamber."
Joe Mulkern asked when the house was built; he wanted to know how the homeowner was able
to work right up to the wetiands. Carole Matthew said it was built before the by-law and they
were able to do work right up to within 10 ft. of the wetlands. Paul Boyden said it depends when
the sub-division was permitted not necessarily when the house was actually built.
Elizabeth said there are flags shown on the plan but she could not find any of them in the field.
She asked if the delineation was done recently. Raiph Maloon said it was probably done in
August of 2008. Elizabeth said it should be noted that the delineation was not approved under
this filing. She said the wetland line is much closer than shown on the plan. She feels the
wetland line actually starts at the line of arborvitae.
Elizabeth asked if the board wanted to wait to see the revised plan, as per Rick Alves memo,
dated September 13, 2010, or if they are comfortable with approving the pian pending a revised
plan approved by Rick.
The homeowner will be doing the work himself and Rick will require an as built. For the record,
Rick said the town does not typically allow anyone to connect into the town's drainage system.
Michele White pointed out the erosion controls on the plan show only hay bales and not silt
fence. Both hay bales and silt fence should be used. Elizabeth said the siltation controls should
be at the actual wetland line along the line of arborvitae.
Colin Cauldwell made the motion to approve the plan - Plan of Proposed Yard Drainage at No. 31
Cobbler Road, dated August 9, 2010, revised August 30, 2010 with additional grading added to
the plan - for 31 Cobbler Road for the installation of the pump chamber and to issue an Order of
Conditions with the following special conditions: silt fence and hay bales to be place along the
arborvitae line, to be inspected by Elizabeth once Installed, before any work begins; the
arborvitae line will serve as the wetland line; signage reading "Environmentally Sensitive Area -
Do Not Disturb" will be placed at the access point to the wetland located between the applicant's
property and the neighbor, every 100 ft. on metal posts; an as built is to be submitted before a
Certificate of Compliance is issued; that the delineation was not approved by this filing should be
noted.
Jack Smith seconded the motion.
Motion passed 6-0.
I 7. Agent's Report:
Colin Cauldwell made the motion to accept the August 9, 2010 minutes as written.
Paul Boyden seconded the motion.
Motion passed 6-0.
The August 23, 2010 Minutes need to be revised: Under Other Business, the first item should
designate the project being discussed as the Mass Highway Project and the second item should
read "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".
Colin Cauldwell made the motion to accept the August 23, 2010 minutes with revisions as noted.
Carole Matthew seconded the motion.
Motion passed 6-0.
At the August 23'd meeting the board asked that pictures be taken of the Jordan Jackson Lighting
Project. Elizabeth has taken the pictures. Paui Boyden toid the board Walter Parker has given
him an as built and will be asking for a Certificate of Compliance. The board asked that the hay
bales/silt fence be left in place for now.
DEP Circuit Rider Workshop: On October 4th, a Workshop will be conducted by Christine
Odiaga. Elizabeth told the board DEP does not want the workshop televised. Elizabeth
had hoped to use it as an educational opportunity for the town. A televised workshop is
tentatively scheduled for November or December. For the October 4th workshop, a
notice will be sent to the paper and engineering firms will be notified. The notice will
also be put on the town's web site and the cable channel.
September 29, 2010, there will be an Open Meeting law training session at the September 29th
Selectmen's meeting with the new town council. The Selectmen have requested that at least the
Chairman of the board attend.
The By-law with latest changes is still not available.
Conservation land requiring conservation restrictions or deed searches not completed by Robert
Mangiaratti has been turned over to the new town council.
Department Head Meeting Notes:
Cell tower: need to access the parcel of land through wetlands to the south of Witch Pond. Colin
Cauldwell told the board there are town wells in this area.
DPW is moving to the composting facility. The Fire Department will move to the DPW
building/lot.
The Commission was cc'd on a letter, dated September 10, 2010, from the Division of Fisheries
and Wildlife to Weston and Sampson Engineers, Inc., concerning the removal of filter
cake/landfill closing at the Stearns Avenue landfill - #211-0814. A request was flied for an
extension of the NHESP's determination for the landfill. The NHESP extended the determination,
stating the project will not adversely affect the Resource Area Habitat of state-listed rare wildlife
species and that the project must be conditioned to avoid a "Take" of state-listed species.
In order to avoid a "Take", the applicant must provide a detailed plan to avoid direct harm to the
Eastern Box Turtle during the proposed work and a detailed restoration and management plan
for the site.
Any changes to the proposed project or additional work beyond that shown on the site plans may
require an additional filing with NHESP.
Elizabeth told the board she is getting more requests for extensions under the Permit Extension
Act.
Mass Highway Project: Elizabeth toid the board she has had only one meeting with the
contractor and Environmental Monitor since the meeting after the August 23, 2010 hearing. She
said Tom McGuire of Mass DOT toid her not to contact the Monitor directly; she has to go thru
DOT. One of the Conditions was the Conservation Commission and the Agent were to have 24
hr/7 days a week contact with the Monitor.
Joe Mulkern suggested that a certified letter be sent to Mass Highway, notifying them they are in
violation of the Orders of Conditions.
Colin Cauldwell made a motion that the board adopt as policy there be an annual re-organization
of the board on or before the first meeting in January.
Paul Boyden seconded the motion.
Motion passed 6-0.
I 8. Adjournment
Motion to adjourn: Colin CauldwelljPaul Boyden. Passed 6-0.
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