HomeMy WebLinkAboutCONSERVATION 11152010
CONSERVATION MINUTES
NOVEMBER 15, 2010
Present: Joe Mulkern, Chairman; Paul Boyden, Vice Chairman; Colin Cauldwell; Michele White; Jack
Smith; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner.
11. Anthony Milani: Eagle Scout project - Old Codding Farm site.
6: 54 pm - Anthony Milani presented his Eagle Scout project to the board.
The proposed project is to clear an area in the Great Woods known as the Old Codding farm site. There
is a stone foundation of the farmhouse, the barn and a well, as well as stonewalls.
Anthony plans to clear the site of fallen trees and undergrowth brush. The site has been abandoned for
many years and has become overgrown with brush and vines. By clearing the fallen trees and brush,
the site will become more accessible to hikers using the Green Trail in the Great Woods. The cleared
trees and brush will be left on the side of the trail.
Anthony will also erect a sign, which will include a map to the site and a brief description of the site's
history. Currently there is not an accurate map of the site. Anthony will map out the site by using a
GPS. The sign will be located at the entrance to the site at the end of the driveway on the Green Trail.
Anthony told the board the property has historical significance; it is one of the first homesteads in
Mansfield built by Samuel Codding, who fought in the Revolutionary War.
Anthony told the board he hopes to start the project in the fall of 2010 and finish the project by June
2011.
I 2. Meeting opened at 7:00 pm.
3. Notice of Intent: Stan Feck, Christian & Feck Development - Dolan Estates, Ware Street, Map 32,
Parcel 13. #211-0856.
The Notice of Intent was filed for the construction of a 4-lot single-family home cluster subdivision with
related grading and utilities. Due to limited access approximately 6,190 square feet of wetland filling and
a stream crossing is proposed.
Mr. Feck has requested a continuance.
Coiin Cauldwell made the motion to continue the hearing for Ware Street, Dolan Estates, to December
13, 2010.
Paul Boyden seconded the motion.
Motion passed 7-0.
Derek House asked if the consultant had been hired for this project. Elizabeth told the board the project
is being redesigned, hopefully to have less impact on the resource areas. She said Wetland Strategies,
Inc., the consultant, is ready to proceed.
4. Abbreviated Notice of Resource Area Delineation: Robert and Margaret Morrison, 151 Stearns
Avenue, Map 41, parcel 23. #211-0858.
Michael Trowbridge of Hutchins-Trowbridge Associates, representing Robert and Margaret Morrison, the
property owners, was present.
Approximately 3,000 linear feet of wetland boundary and two (2) isolated wetlands on the property were
delineated, for a total of 7,400 sq. ft. of wetland delineation verification. Wetlands were flagged by
Walter Hewitson.
Mr. Trowbridge is seeking approval of the wetland line on the easterly side of the property, consisting of
flags B1-B45 only. In addition, two (2) isolated wetlands were flagged under the ANRAD. Additional
flags depicted on the plan have not been verified at this time.
Elizabeth has walked the wetland line and the isolated wetlands in the back of the property. She asked
Michael Trowbridge to delete or make changes to some of the flags. Flag B17 is now connected to flag
B13 directly and flags B25-B27 are connected, eliminating flag B26 With these changes, she approved
the delineation of the bordering vegetated wetlands from flag B1 through B45 only. The delineation of
the two isolated wetlands was also approved. Elizabeth could not verify the entire line due to limited
hours. She asked that a note be placed on the plan stating what has been approved - flags B1-B45 only.
Elizabeth told the board it is unknown if either of the two isolated wetlands (ILSF) possess the
characteristics to qualify as vernal pools. If agreeable to the applicant, one or both of the isolated
wetlands should be looked at in the spring for vernal pool species. Mr. Trowbridge said the larger
wetland is jurisdictional under the Mansfield Wetland Protection By-law because it is over 5,000 sq. ft.
but the smaller one is non-jurisdictional.
Derek House asked if there is a potential vernal pool in the back wetland area, how far from the pool is
the proposed house? Is it over 100 ft.? Mr. Trowbridge said the house will be at least 200 ft. from the
isolated wetlands, well over the 100 ft. required by the town's by-law. He told the board the potential
buyer would have to come through conservation for any jurisdictional areas.
Carole asked about the possible vernal pool and asked if the isolated wetlands are connected. Elizabeth
said she did not see a connection but the site should be looked at again in the spring.
Colin Cauldwell made the motion to accept the ANRAD for 151 Stearns Avenue, Map 41, DEP # 211-
0858, Parcel 23, with the flag changes noted on the plan - approval of flags B1-B45 only. The plan of
record, "ANRAD PLAN" Stearns Avenue, dated October 5, 2010 and revised November 15, 2010. Paul
Boyden amended the motion - he asked that Mr. Trowbridge sign and date the corrected plan.
Jack Smith seconded the motion.
Motion passed 7-0.
I 5. Abbreviated Notice of Resource Area Delineation: Elm Street, Stan Feck. #211-0859
Stan Feck has requested a continuance.
Colin Cauldwell made the motion to continue the hearing to December 13, 2010 for the ANRAD for Elm
Street.
Paul Boyden seconded the motion.
Motion passed 7-0.
6. Notice
#211-0862
Stephen Mancini, Mansfield Realty, LLC, 111 Plymouth Street, Map 44, Parcel 802.
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Brian King of Crossman Engineering and David Bucci were present.
The Notice of Intent was filed for a new loading area along the building's northerly wall at grade with
access drive/proposed culvert/stormwater infiltration basin. The project will be at Belknap White Alcco
Elizabeth suggested the hearing be opened and continued.
Colin Cauldwell said the applicant should know the board can not make any recommendations or pass
judgment on the plan until a DEP number has been issued and there is a formal meeting. Elizabeth has
not had time to review the filing.
Brian King asked if he could give a summary of the project and get suggestions from the board as to
what the board will require for approval. He told the board Hodges Brook is 100 ft. from the property
line. There will be 90 linear feet of impact to the bank of Hodges Brook - applicant must meet the
performance standards for Riverfront and Bank.
An Alternative Analysis for the proposed driveway location has been done. Four locations were
analyzed. At the westerly access point, a stream crossing (the stream is a tributary of Hodges Brook)
would be required. Mr. King told the board the stream crossing would provide the best available
location. Mr. King said the northerly access area is not owned by the applicant. The owner has tried to
obtain permission to install a new driveway but has been unsuccessful. The easterly access area is an
existing parking area for employees and visitors; this area is not conducive to having delivery trucks
going in and out; it would create safety issues and is not recommended. At the southerly access area,
an existing intermittent stream runs parallel to the building, approximately 80 to 90 ft. away. This area
is entirely within the 100 ft. buffer and would require tree removal and significant grading within the
buffer to install the new driveway. The driveway in this location would create a greater impact than the
westerly access point. DEP comments: "the project does not appear to be a limited project because 2
accesses to the upland already exist. Alternatives should be scrutinized closely since the southern
access would appear to avoid or minimize resource impacts. MA stream crossing gUidelines need to be
consulted".
Mr. King told the board the front end of the building is within the 200 ft. Riverfront of Hodges Brook. If
this location was used as a means to access the area, there would be more impact to the resource
areas.
To cross the stream, the applicant is proposing an 8 ft. x 4 ft. 3-sided bottomless culvert as well as
stormwater management. The culvert will be constructed with headwalls to minimize grading required
for the driveway.
Joe Mulkern asked about a snow removal plan. Has a location been designated for snow storage? Mr.
King said an area has not been designated.
Colin Cauldwell asked about bank impact. He said any impacts would require restoration. Mr. King said
any restoration would probably create more of a disturbance to the area. Elizabeth said they would
have to meet the standards of Riverfront under CMR 10.58 and Bank under CMR 10.54 (4) - the project
may not impair the stability of the bank, the water carrying capacity, the ground water and surface
water quality, the capacity of the back to provide breeding habitat, escape cover and food for fisheries,
or the capacity of the bank to provide important wildlife habitat functions.
Colin Cauldwell would like the applicant to contact the owners of the building to the northwest. The
board would like a registered letter submitted stating this access point would or would not be viable.
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Joe Mulkern and Colin Cauldwell thought the access area through the parking area might be better than
crossing the stream. For safety purposes, the parking lot could be reconfigured. They asked how many
trucks per day would need access to the docks. Mr. King said 6 to 10 trucks twice a day
When Mr. King comes back in December, the board would like him to expand on the different
alternatives to prevent the crossing of the stream.
Elizabeth told the board Rick Alves, Interim Town Engineer, has not reviewed the plan or the
stormwater. Mr. King said more testing, with Rick present, would be done tomorrow.
Paul Boyden made the motion to continue the hearing for 111 Plymouth Street to December 13, 2010.
Colin Cauldwell seconded the motion.
Motion passed 7-0.
8. Certificate of Compliance: John & Donna Moran, 15 Sturbridge Drive, Map 41,Parcel 194. #211-
0838 .
Donna Moran, the homeowner, was present.
The original Notice of Intent was filed in October 2009 for the installation of an in-ground pool. Property
is within an Estimated Habitat of Rare Wildlife and ACEC, the Canoe River. The Order of Conditions was
issued in February 2010.
When excavating for the in-ground pool, the installer hit ledge. The applicant then came back before
the board to install an above-ground pool with decking, a patio and a walkway.
Elizabeth told the board the shrubs have not been planted but are on site. She said Mrs. Moran should
plant the shrubs as soon as possible and call for an inspection. Mrs. Moran said the shrubs have not
been planted because they will be planted where the erosion controls are; shrubs can not be planted
until the controls are removed.
Colin Cauldwell asked about the area by the resource areas. Mrs. Moran said woodchips have been
placed in this area and are replaced every year. She asked if the board wanted the area vegetated.
Elizabeth said because the woodchips are so close to the wetlands, she would like to see them replaced
with a lawn. The board said Mrs. Moran could make the decision to plant grass or leave the woodchips.
She was told she can remove the silt fence and hay bales and plant the shrubs. She is to notify
Elizabeth when the shrubs are in.
Colin Cauldwell made the motion to accept the request for a Certificate of Compliance for 15 Sturbridge
Drive, DEP #211-0838, and issue the Certificate of Compliance with the caveat that Elizabeth be
contacted when plantings are in for inspection.
Jack Smith seconded the motion.
Motion passed 7-0.
7.Notice of Intent: . Mansfield Commercial Investments, LLC, 315, 321, 333 & 339 School Street, Map 11
& Map 12 - Lot 1, Lots 10,12 &13. #211-0860
Phil Cordeiro, Allen & Major Associates, Inc., Attorney Ed Valanzola, representing the owner of the
property, Mansfield Commercial Investments, LLC, and Kerry McCormack, Land Strategies, were present.
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The Notice of Intent was filed for the construction of two (2) buildings, with site grading, landscaping
and the construction of a parking area within the buffer zone of a wetland resource area. The proposed
project is separated from the resource area by the 50 ft. right of way and infrastructure of School Street.
A Request for Determination of Applicability was heard at the July 26, 2010 meeting. At that time, a
Positive Determination was issued, requiring a Notice of Intent be filed for the project.
Attorney Valanzola told the board the project has been before the Planning Board and the applicant has
a special permit to construct two (2) buildings on the site, for a total of 45,000 sq. ft. Approximately
25,000 sq. ft. will be office space and 20,000 sq. ft will be for retail space. He said the project has the
same 2 access points as the previous filing; one at Old School Street and one immediately across from
the Borders parking lot entrance at Mansfield Crossing. Attorney Valanzola told the board the name has
been changed from Mansfield Commons to 315-331 School Street, as per the Planning Board.
Attorney Valanzola told the board at one point there was some confusion about whether the bordering
vegetated wetlands across the street were jurisdictional. He said Phil Cordeiro, in a letter dated August
18, 2010, addressed these issues.
Phil Cordeiro gave a brief overview of the project. He reviewed the potential wetland resources, both on
and off site.
He told the board the bordering vegetated wetland off site, located southeast of the parcel across School
Street is closer to the School Street than indicated on the Allen & Major Existing Conditions plan. The
wetland line has been revised.
Because the reconstruction of the sewer line on Old School Street was never completed, small areas of
pooling water have been created. Allen & Majors has completed a visual review of 6 areas - areas A-F.
Mr. Cordeiro told the board some of these areas have pooling surface water and/or wetland vegetation
present.
Area A is an isolated wetland area within the discontinued Old School Street right-of-way and contains
some wetland vegetation but there is no standing water or other indicators of hydrology. It is less than
5,000 sq. ft., and not regulated by the Massachusetts Wetland Protection Act or the Town of Mansfield
Wetlands Protection By-law.
Area B is an isolated wetland area within the discontinued Old School Street right-of-way and contains
vegetation, some standing water but is less than the 5,000 sq. ft. requirement.
Area C is an isolated wetland area within the discontinued Old School Street, right-of-way and contains
some wetland vegetation, but there is no standing water and is less than the required 5,000 sq. ft.
Area D is an isolated wetland area within the southwest corner of the parcel and contains some wetland
vegetation but there is no standing water and is below the minimum requirement of 5, 000 sq. ft.
Area E is an isolated wetland area within the southwest corner of the parcel and contains some
vegetation, some standing water and is under the 5,000 sq. ft.
Area F is an isolated wetland area within the southwest corner of the parcel, containing some wetland
vegetation and standing water but with an area less than 5,000 sq. ft.
None of these isolated wetlands border BVW, a lake, a pond, a river or a stream.
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A potential wetland area is located at the northeast corner of 321-339 Old School Street is near the 24"
box culvert at the northeast corner of the property. The wetland does contain some wetland and upland
vegetation, but hydric soils were not present. Mr. Cordeiro told the board a portion of the surface
drainage is directed from 315 Old School Street and the adjacent northern commercial property towards
this area and directed to the box culvert. The area appears to be where storm drainage collects.
An area across School Street in Mansfield Crossing has two (2) wooded areas located between Borders
and Route 495. The first isolated wetland area is in a wooded area located between Borders parking lot
and School Street and contains both wetland and upland species, with wetland species less than 50%.
The soils are not hydric. The area is less than the 5,000 sq. ft. required. The second isolated wetland
area is also wooded and is located further south of the first wooded area. This area is bordered on the
south by Route 495 and on the north by an unused street curb cut and a grassed maintenance path.
Vegetation is primarily upland and no hydric soils are present.
Elizabeth told the board she concurs with the findings concerning the wetland areas; these wetland
areas do not meet the definitions of ILSF per the MA Wetlands Protection Act and the Mansfield Wetland
By-law.
The board asked about snow storage. Mr. Cordeiro said snow storage areas have been identified on the
plan. He said once these areas are at capacity, the snow will be removed offsite.
The board asked about maintenance of the stormwater systems, drainage systems, parking lot, etc. Mr.
Cordeiro said there is an Operations and Maintenance plan with the filing.
Elizabeth told the board, because it is a commercial property, the project is required to meet stormwater
regulations. She said Rick Alves, Interim Town Engineer, has reviewed the project for compliance with
the DEP stormwater regulation criteria. In a memo dated November 15, 2010, Rick states the
stormwater report and calculations satisfactorily address all concerns.
Derek House made the motion to accept the Notice of Intent for 315, 321, 333 and 339 School Street as
presented, plan dated November 1, 2010. As part of the conditions a yearly Operations and
Maintenance report from the property needs to be submitted; the siltation controls will be determined on
site - silt socks and hay bales as well as the standard conditions for commercial properties.
Paul Boyden seconded the motion.
Motion passed 7-0
Phil Cordeiro asked about the Land Disturbance Permit that was submitted for the site under each RDA
filing.
Elizabeth told him the Land Disturbance Permit was necessary because the previous filings were under
an RDA. The Land Disturbance Permit is part of the Notice of Intent filing.
I 9. Certificate of Compliance, DEP #211-544, 6 Lauren Lane, Lot A. Keri and Steve Bollinger.
Attorney Ed Valanzola, representing Mr. and Mrs. Bollinger, told the board a partial Certificate of
Compliance needs to be issued for 6 Lauren Lane to close out the Order of Conditions.
Elizabeth told the board the house is entirely out of Conservation jurisdiction. She said all of the lots in
the subdivision are under the Order of Conditions, #211-544.
Colin Cauldwell made the motion to issue a partial Certificate of Compliance for 6 Lauren Lane, Lot A on
an Order of Conditions issued April 1, 1996.
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Jack Smith seconded the motion.
Motion passed 7-0.
110. Agent's Report:
Ratify the Emergency Certification for the 28 Matthew Lane for a septic system upgrade: An
Emergency Certification was issued for a failed septic system at 28 Matthew Lane. Colin Caul dwell has
signed the certification. The Emergency Certification needs to be ratified. The hay bales and silt fence
were installed by the septic installer after discussing the location with Elizabeth. Elizabeth asked that
they be installed as close as possible to the limit of work. She has not inspected the erosion controls but
will inspect as soon as possible.
Paul Boyden made the motion to ratify the Emergency Certification for 28 Matthew Lane for a septic
upgrade. Homeowner will file a Request for Determination of Applicability for the next agenda.
Derek House seconded the motion.
Motion passed 7-0.
Water withdrawal from stream to the rear of 309 South Main Street: Elizabeth spoke to Christine Odiaga
at DEP. Withdrawing from BVW is different from withdrawing from a stream. She told Elizabeth water is
finite in this area; it is not being recharged. Paul and Colin have looked at the site. The homeowner is
pumping water from the wetlands for irrigation purposes. The BVW is associated with the Rumford
River.
Derek House told the board the owner went to Board of Health and was told he did not need a well
permit but was told to contact Conservation before doing anything.
A letter will be sent to the owner, asking him to come to the December 13th meeting to discuss the
withdrawal.
Catherine Memory, 23 Lakeview Avenue, #211-0780 - In a letter dated October 14, 2010, Mrs. Memory
asked that the two (2) Enforcement Orders issued to her property be withdrawn and that a Certificate of
Compliance be issued. The Enforcement Orders were issued July 7, 2009 and October 27, 2009. Colin
Cauldwell said he was not comfortable voting to dismiss the Enforcement Orders until the board is sure
she is in compliance.
An agreement dated August 31, 2010 along with an as built as been submitted. The agreement needs
to be signed by all of Commissioners. The board will wait to sign the agreement pending a site
inspection. Michele White referenced condition #7 - Landowner shall complete the work at the property
as provided in this agreement on or before November 1, 2010 - and condition #8 - Within forty-five
(45) days after the completion of the work, landowner shall submit to the Commission an "as built" plan
prepared by a surveyor which shows the location of the house, the stairs and all remaining pavers. The
"as built" plan shall aiso show final elevations of the land on the waterside of the house and, to the
extent possible, it shall also show the elevations that existed in that area before the pavers were
installed. The plan should also note the average space between the pavers.
Elizabeth will call Mrs. Memory to set up a time and date for a site inspection. She will be submitting the
request for a certificate of compliance for the December 13th meeting.
Elizabeth told the board Christine Odiaga from DEP will be back for a workshop. This will be a televised
version of the workshop she gave October 4, 2010. Christine would like to schedule the workshop for
late January or early February 2011. Elizabeth asked the board for a date to hold the discussion.
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111. other Business:
Cheryl Collins of the Beautification Committee introduced herself to the board. She told the board about
different projects the Beautification Committee is working on. They are currently working on a project at
Fulton's Pond and gave the board an update on the improvements. She said the committee received 7
designer benches and 12 designer barrels and 2 of the benches and barrels will be installed on the bank
bordering the parking lot at Fulton's Pond. Rick Alves will submit a Request for Determination of
Applicability for the cement pads needed for the benches.
Michele White told the board the Conservation Commission was an exhibitor at the Green Schools
Organization Environmental Affair at the Mansfield High School November 14, 2010.
Discussion of potential new regulations for the Mansfield Wetland Bylaw: Michele White suggested the
discussion be postponed to the next meeting. She will make copies of the amended regulations for the
board.
The board discussed additional hours for Elizabeth. Michele White said some local Conservation
Commissions limit their time frames for presentations to 1S minutes. She also has forwarded a form
other commissions use to waive the 21 day hearing dated.
Colin Cauldwell suggested a letter by sent to William Ross, Town Manager, or a presentation in front of
the Selectmen to discuss the hours.
Colin Cauldwell gave an update on the Taylor's Hill Conservation Area bridge. He told the board NRT
has agreed to support the whole budget for the bridge so there will be no cost to the town. He said the
total cost will be $6000.00 +j-.
The steel for the bridge is on site. He said they are just waiting for the grading to be done and the
removal of brush.
Colin Cauldwell said another party approached him about giving land to the Conservation Commission.
The land is adjacent to the Vickery parcel off South Main Street.
At the October meeting, the board asked that Elizabeth walk the Stanley Village site on Bird Road to
make sure the builder is staying 100 ft. away from any resource areas. Elizabeth recommended the
builder file a Request for Determination of Applicability to verify the work is out of Conservation
jurisdiction. The builder does not want to file. It was decided he would apply for a building permit and
then Elizabeth will go out and measure distances.
Minutes of September 13, 2010 have been approved but not signed. The October 18th minutes need to
be approved and signed.
Colin Cauldwell made the motion to approve the October 18, 2010 minutes as written.
Derek House seconded the motion.
Motion passed 7-0.
Reorganization: Joe Mulkern asked for nominations for Chairman and Vice Chairman.
Paul Boyden nominated Colin Cauldwell for the Chairman.
Joe Mulkern seconded the nomination.
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Derek House, aye; Carole Matthew, aye; Jack Smith, aye; Paul Boyden, aye; Joe Mulkern, aye; Michele
White, aye. Passed.
Carole Matthew nominated Michele White for Vice Chairman.
Joe Mulkern seconded the nomination.
Derek House, aye; Carole Matthew, aye; Jack Smith, aye; Colin Cauldwell, aye; Paul Boyden, aye; Joe
Mulkern, aye. Passed.
112. Adjournl1lent:.
Meeting adjourned at 9:25 pm.
NEXT MEETING WILL BE DECEMBER 13, 2010 at 7:00 pm.
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Joseph Mulkern, Chairman
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