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HomeMy WebLinkAboutCONSERVATION 10182010 Conservation Meeting October 18, 2010 Present: Joseph Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell; Carole Matthew; Derek House; Jack Smith; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meeting called to order 2. Certificate of Compliance: Town of Mansfield - School Department ~ 245-265 East Street,Map32, Parcel 33. #211-0853 Walter Parker, Director of Buildings and Grounds The Notice of Intent was filed by Walter Parker, Director of Buildings and Grounds, for the excavation of 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. Work was done within 6 ft. of a perennial stream. Silt fence with hay bales were installed approximately 200 ft. along the perennial stream. The Order of Condition was issued August 23, 2010 and recorded at the Registry of Deeds. Elizabeth presented pictures of the project. She told the board the area is stable on both sides of the erosion controls. The board discussed plans to replace an existing footbridge on the property. They questioned whether the erosion controls should be removed at this time. Jack Smith suggested the silt fencing be left in place if the footbridge is going to be replaced soon; there is no need to remove the erosion controls if they will just have to be replaced when the work starts on the bridge. Paul Boyden will talk to Walter Parker tomorrow regarding the plans for the footbridge. Colin Cauldwell made the motion to issue the Certificate of Compliance, contingent upon the removal of the hay bales/silt fence line except where it may be needed to restore/remodel the existing footbridge. Jack Smith seconded the motion. Motion passed 7-0. I 3. Request for Determination of Applicability: Lynn Pina, 309 Balcom Street, Map 32, Parcel 39. The RDA was filed for a 16'x20' screen room attached to the back of the existing garage and on the existing patio. Lynn Pina, the homeowner, was present. An existing pool was filled in by the previous owners in 2005. The location of the screen room wili be on the existing patio. Elizabeth said the closest footing for the room will be 58 ft. from the wetlands. She told the board she noticed a lot activity going on in the resource area and it appears as if a lot of trees have been cut. Lynn Pina said the debris is from previous construction on the house and only one tree was cut because it was dead and leaning toward the house. She told the board she did not know the area was a wetland until she filed for the building permit for the screen room project. She said everything is being removed from the area and Elizabeth told her in the future she should contact the Conservation Department before doing anymore work in this area. Because the area is flat, Elizabeth does not feel there is a need for hay bales or silt fence. Joe Mulkern asked if the posts would be dug by hand. Lynn Pina told him she has hired a contractor for the project. The contractor will break through the concrete patio to dig the holes; the patio will stay except where the footings are dug. Colin Cauldwell asked that the debris taken out for the holes be removed off site unless she has some low spots on the property she needs to fill in; she is not to fill in near the resource areas. Lynn Pina said if the soil is suitable, she will use it in the front of the property. Colin asked that Elizabeth be called when the footings are in so she can inspect. 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 protection under the Act] for 309 Balcom Street, Mortgage Inspection Plan, dated May 26, 2004, received October 4, 2010 and revised to show screened-in room, with the caveat that the tailings from the footings be taken off site, especially the concrete, and Elizabeth be called when the footings have been dug. Nothing is to be placed in the wetlands. Jack Smith seconded the motion. Motion passed 7-0. 14. Notice ofIntent:George and Linda Wallace, 233 Ware Street, Map 32, Parcel 39. #211-0857 George and Linda Wallace, the homeowners, were present. The Notice of Intent was filed for the installation of a new septic system within the 100 ft. buffer of bordering vegetated wetlands. The original system was installed in 1967. Elizabeth told the board there are wetlands in the back and on the sides of the property but the project is obviously needed and will improve the existing conditions. She asked that it be noted the wetland delineation was not approved in this filing. Colin Cauldwell asked how close to the wetlands the septic system will be and if the elevations will remain the same. Elizabeth said flag 15 is the closest flag and it is about 50 ft. She said the system can not be placed further away from the wetlands. Mr. Wallace said the system would be raised. Joe Mulkern asked if the disturbed area would be seeded. Mr. Wallace said plans are to reseed the area. Joe told him the hay bales are to remain in place until the disturbed areas have been seeded and established. Paul Boyden asked about the stream in the back of the property. Mr. Wallace said the stream flows when there is a heavy rain but is dry in the summer months. Elizabeth said it is the same stream addressed in an ANRAD for another filing on Ware Street and was deemed an intermittent stream by the consultant for the ANRAD project. 2 Paul Boyden made the motion to accept the plan, "Reconstruction of Existing Subsurface Disposal System", BDO Engineering, David Oberlander, dated July 15, 2010, revised September 27, 2010, for 233 Ware Street with the following conditions: The agent or a Commission member are to inspect the double-staked hay bales/silt fence line before work starts; it is to be noted the wetland delineation was not approved under this filing; if the homeowner does any work on the other side of the property, they will have to re-establish the wetland line. Colin Cauldwell seconded the motion. Motion passed 7-0. 5. Notice of Intent: Stan Feck, Christian & Feck Development, Dolan Estates, Ware Street, Map 32, Parcel 13. #211-0856 Ralph Maloon, RIM Engineering Co. Inc., Stan Feck of Christian & Feck Development, the applicant. The Notice of Intent was filed for the construction of a four-iot Cluster Subdivision with related grading and utilities. Due to limited access, there will be 6,190 sq. ft. of wetland filling and a seasonal stream crossing. The project will require a 401 Water Quality Certification under 314 CMR 9.00, a Section 404 Review by the Army Corps of Engineers for the filling of the wetlands and a filing with MEPA. Because of the limited access an Alternatives Analysis Report will have to be submitted. The applicant will also have to satisfy all the comments by Rick Alves, Interim Town Engineer. DEP comments: No Stormwater Report Checklist was included in the submittal, although referenced. Elizabeth told Ralph Maloon the Notice of Intent was filled out incorrectly. Page 2, 7b, [is the project eligible to be treated as a limited project], was checked no. Ralph will submit the corrected page 2. The board suggested the project go before the Planning Board before continuing with Conservation so any changes can be reviewed by the commission. Elizabeth said the property is too big for her to review and with her limited hours, she asked the board to consider hiring an outside consultant to review the project. Joe Mulkern said three (3) bids should be sent out. The cost will be passed on to the applicant. Stan Feck questioned the need for the outside consultant because one was done for the ANRAD filing. Carole Matthew said there is a potential vernal pool on site, a certified vernal pool off-site and an isolated wetland over 5,000 sq. ft. to the left of the stream. She also said NRT is concerned about their property abutting the project site. Stan Feck told the board the vernal pools and isolated wetland were addressed in the ANRAD. Colin Cauldwell said the consultant needs to be the eyes and ears of the board to do what Elizabeth would normally do that she can't do because of the lack of time. The ANRAD consultant was hired to determine the resources on site, an intermittent stream, an isolated wetland and the large wetland surrounding the site. Now the board needs someone who can be on site to determine how the construction will affect these resources. Someone needs to be out there to check hay bales, etc. and report back to Elizabeth. "We need the input from someone who has been on site who understands 3 the law, who understands the Wetland Protection Act and can advise us as to what is required from you to conform to that law. This board needs professional advice on this project." Colin told Mr. Feck the findings of the ANRAD would not change. Mr. Feck told the board the plan was developed with a narrower road, sidewalks waived and a berm to try to make less of an impact to the resource areas. He asked if there were additional design changes necessary to further minimize the impacts. He asked what areas the board would be concentrating on. Elizabeth wili send out three (3) proposals and after the board has reviewed the proposals, wili select the one for the project. The proposals wili also be sent to Ralph Maloon. Ralph suggested that the proposals not be reviewed until the 401 Water Quality Certification, Section 404 and MEPA are done and the project has gone before the Pianning Department, so if there are any changes required by these departments, the changes can be made before going back before Conservation. Carole Matthew said it must be clear the consultant is being hired only to take the place of the agent. The consultant is not being hired because the board does not like the project; it is being done because the agent does not have the time because of limited hours. Comments from Colin Cauldwell: When the ANRAD was filed, Mr. Feck was told the board would be enforcing the 50 ft. no touch. Colin said the 50 ft. set back and the new construction 50 ft. line is not on the plan. The plan also does not designate where the "limited" project starts and stops. Mr. Feck said the 50 ft. line is supposed to be only where it is needed. He questioned the 50 ft. no touch around the replication area. Colin told him you have to be 50 ft. from any replication areas. Colin said the roadway has to be as small as possible and asked that Mr. Feck provide the board with the Planning Board reasoning and justification for the roadway. Mr. Feck told Colin the roadway is down to 20 ft. and there are no sidewalks. He said they will be before the Planning Board in November. Colin suggested Mr. Feck consider making it a residential compound. Colin asked if the access point to the development can be changed. He told Mr. Feck he might want to approach the neighbors to see if someone wants to sell. Mr. Feck told him he was over-stepping the rules and regulations and the laws. Elizabeth asked about any impacts to the bank because of the culvert. She said if the impacts are over 50 ft., an Alternative Analysis wili be necessary. Colin said if the impact is over 25 ft., the bank wili need to be replicated and Mr. Feck wili need to have a Wildlife Habitat Assessment. Colin Cauldwell told Mr. Feck he needs to avoid the impacts, minimize the impacts if you can't and mitigate the impacts successfully. Michele White told Ralph Maloon page 2 under Section B in the Notice of Intent is not correct; he wrote non-applicable in this section. She said there are impacts to the bordering vegetated wetlands. On page 3, the number of sq. ft. under Resource Area (d) Bordering Land Subject to Flooding should be 4 under the Bordering Vegetated Wetland on page 2 Resource Area (b) The number of sq. ft. of bank impact is not listed on page 2 Resource Area (a). The square footage needs to be listed. Audience members expressed their concerns about the run-off from the site and the impacts to their property. Colin told them there can not be an increase of run-off from the site from pre-construction to post-construction by law. He said the town engineer would determine this. Paul Boyden asked if the applicant has considered the run-off from the roof and if so, are dry wells proposed so the water will not affect any other run-off. Ralph Maloon said dry wells have not been added to the plan. Stan Feck said if you put additional run-off water into the ground, you will bring up the ground water. Colin Cauldwell made the motion to hire a consultant, to be agreed upon by the Commission and the applicant, for Dolan Estates, DEP #211-0856, plan - Contour Sheet of Dolan Estates A Cluster Subdivision in Mansfield, MA - RIM Engineering Co., Inc., dated September 1, 2010. Paul Boyden seconded the motion. Motion passed 7-0. Colin Cauldwell made the motion to continue the hearing for Dolan Estates to November 15, 2010. Paul Boyden seconded the motion. Motion passed 7-0. 6. Abbreviated Notice of Resource Area Delineation: Robert and Margaret Motrison, 151 Stearns Avenue, Map 41,parcel 23. #211-0858 The ANRAD was filed for the delineation of 3000+/- linear feet. There are two (2) isolated wetlands on the property for a total of 7,400 sq. ft. As per a conversation on October 18, 2010 with Michael Trowbridge, the applicant's representative, the applicant has requested a continuance to the November 15, 2010 meeting, waiving the time in which the board has to act on the filing and has also requested scaling down the wetland delineation, establishing the wetland fiags on the westerly side of the property where the house will be constructed. Elizabeth will verify the flags directly involved with the house construction. Colin Cauldwell made the motion to continue the hearing for 151 Stearns Avenue to November 15, 2010. Paul Boyden seconded the motion. Motion passed 7-0. I 7. Agent's Notes Charlotte Kruetzer, 70-72 High Street: Thomas Dalton, Dalton Tree Service, told the board Ms. Kruetzer would like to prune the tree branches away from the house, power lines, the driveway and the street. Some of the trees are dead or leaning toward the house and power lines. Ms. Kruetzer submitted pictures so the board could see the trees branches she would like to remove. Elizabeth said the work should be done under an Emergency Certification. The work is allowable under the Town of Mansfield Wetland Protection By-law, Section 2: Jurisdiction, 2.2. 5 Colin Cauldwell made the motion to issue an Emergency Certification for 70-72 High Street. The board was asked to sign previously approved minutes Paul Boyden made the motion to approve the September 13, 2010 minutes as written. Carole Matthew seconded the motion. Motion passed 5-0 with 2 abstentions. Letter from Folkman & Zola Builders, Inc. regarding Stanley Place. The letter serves as a notification of the beginning of construction for the roadway for Stanley Place within the next couple of weeks. Jay Zola invited Elizabeth to take a walk with him and RIM Engineering Co., Inc. to double check the work before construction begins. The board asked that Elizabeth check the site. Elizabeth received an e-mail from JeffryJ. Ceruti onOctober18,2010. Mr. Ceruti is looking to purchase property on Riverside Drive which extends down to Cabot Pond. He wanted to know if there were any restrictions for the pond regarding the use of kayaks or small sailboats/sunfish and swimming. He said he understood no motorized boats are allowed and the fish in the pond should not be eaten. He was referred to Elizabeth by Lorilee Fish, the Recreation Director. Colin Cauldwell said he is not aware of any restrictions. He said he does not know who owns the pond. He suggested the Board of Health be contacted as far as swimming in the pond. 31 Cobbler Road, John and Carol Souza (#211-0855): There are amendments to the 31 Cobbler Road Plan of Record per RIM Engineering and Rick Alves, Interim Town Engineer: the swale will now have a berm extended to the north to prevent water from the adjacent wetland from entering the swale; water that will be discharged to the street will now be gravity fed and go directly into the catch basin with c1eanouts; there will no longer be a sump pump; yard grates will remain at an elevation of 128.0. Colin Cauldwell made the motion to accept the amendments to the Plan of Record, "Plan of Proposed Yard Drainage at No. 31 Cobbler Road in Mansfield, MAu, dated August 9, 2010 with revision dates of August 30, September 14 and October 4,2010, for 31 Cobbler Road. Paul Boyden seconded the motion. Motion passed 7-0. Paul Boyden asked if Elizabeth has heard anything from Verizon and the Bird Road Substation. She has no new information. Mansfield Commons: Elizabeth met with Ed Valanzola and the engineer and property owner for Mansfield Commons. At the meeting, the plans were reviewed and they talked about the Permit Extension Act. Elizabeth said at the meeting, it was discovered the plans approved by Conservation are substantially different from the plans approved by the Planning Board; there are more wetland impacts on the Planning Board plan. Elizabeth said they will be submitting a Notice of Intent for the new project. An as built plan dated September 28, 2010 from Catharine Memory along with a letter dated October 14, 2010 has been received. The work has been completed as per the agreement dated August 31, 2010. Mrs. Memory is requesting the Commission withdraw the Enforcement Orders of July 7, 2009 6 and October 27, 2009 and issue a Certificate of Compliance for the Order of Conditions issued in September 2006, DEP #211-0780. Elizabeth and Michele White wili be attending the MACC Conference on October 23rd. Mass Highway Ramp Project: Elizabeth will be inspecting the erosion controls next Monday, October 25th at 10:00 with the Wetland Monitor. Bristol County Mosquito Control would like to put in a new trench over at the airport. Because they are exempt, Elizabeth called them and asked that they give her a tour to show her where they are putting the trench. Paul Boyden made the motion to adjourn. Colin seconded the motion. Motion passed 7-0. NOVEMBER 15, 2010 /3 I0f/ ~/O Date 7