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HomeMy WebLinkAboutCONSERVATION03212011 MANSFIELD CONSERVATION MINUTES MARCH 21, 2011 Present: Colin Cauldwell, Chairman; Michele White, Vice Chairman; Joe Mulkern; Carole Matthew; Jack Smith; Derek House; Elizabeth Leidhold, Conservation and Environmental Planner. 11. Meeting opened at 7:00 pm I 2. Outreach Announcements Elizabeth will be doing a presentation on vernal pools on April 7, 2011 in room 3 A/B. "The Introduction to Vernal Pools" will be from 7-8 pm. On Saturday April 9th, from 9-10 am, there will be a walk in The Great Woods to identify a vernal pool. There is parking off Oak Street. The Conservation Commission is going to join the Keep Mansfield Beautiful for the Great American Clean Up of Mansfield on April 30th from 9-12 to clean the Corporal Robert Francis Hardy Conservation Area, formerly Maple Park Conservation Area. Anyone interested in the joining the group can sign up in the Conservation Department. There is a parking area off Maple Street for anyone participating. Mr. Boyden suggested the parking for the Corporal Robert Francis Hardy Conservation Area on Mapie Street be examined; there are only a few parking spaces available for the large volume of traffic in the area. Mr. Cauldwell has volunteered to do some bird watching walks in May. More information to follow. Ms. White told the board Christine Odiaga from DEP gave a general presentation of the Wetlands Protection Act. This was not opened to the public because it was taped for the local Access Channel. She said the presentation has been playing twice a day for the past week. She said she hopes to get on the rotation for the coming week. Ms. White would like to schedule a time in May for Christine Odiaga to do a Stormwater presentation. This presentation will be opened to the public. Tabling of a motion: At the February meeting a motion was tabled in regards to Mansfield Crossing's (Route 140 School Street, LLC, W/S Development Associates, LLC, Map 12, Parcel 4, 14-20, 31, and 41 - DEP #211- 704) request for a Certificate of Compliance. Mr. House explained that a board can only table a question to be brought up later in the same meeting or at a future meeting. A question is "laid on the table" (tabled) to move along a motion or to set aside the discussion until later. A "tabled" item is then brought back for consideration or further discussion. The Certificate of Compliance can only be continued, approved, denied or withdrawn by the applicant. Mr. House feels the applicant should withdraw the request for the Certificate of Compliance until after the water quality testing has been completed and the questions concerning snow removal and storage are answered. Mr. House made the motion to untable the request for the Certificate of Compliance for Mansfield Crossing. Mr. Mulkern seconded the motion. Motion passed 7-0-0. A Partial Certificate of Compliance was issued at the February 2011 meeting only for the change in the schedule for the cleaning of the Stormceptors; the schedule was changed from a monthly to a quarterly cleaning. 1 Mr. House made the motion to send a letter to withdraw the Partial Certificate of Compliance for Mansfield Crossing and have the applicant re-appiy when the water quality testing is done and the snow removal/storage concerns have been addressed. Mr. Smith seconded the motion. Motion passed 7-0-0. Elizabeth will send a letter to Ann McMenemy to re-submit for a complete Certificate of Compliance. 3. Request for Determination of Applicability: Thomas and Barbara Shapanus, 26 Marjac Way, Map 42, Parcel 92. The Request for Determination of Applicability (RDA) was filed for the installation of an in-ground pool, 10+ feet from the house and 4S+ ft. from the bottom of the slope of the retention pond. The hearing was continued from the January 2011 meeting. The board asked for a detailed plan for the pool, with the pool staked out and the proposed fence line added to the plan. Barbara Shapanus and David Masciarelli of Canton Pool and Spa, were present. Elizabeth and Ms. White went out to the site to review the revised markings for the limit of work. It was suggested that the hay bales and silt fence be placed as far away from the bank as pOSSible and towards the work area. The pool will be 40 ft. from the resource areas. The fencing for the pool will be located 35 ft. from the resources areas. Hay bales and silt fence are to be inspected by the agent prior to the start of work. Ms. Matthew suggested a Froglog, a swimming pool escape ramp for frogs, toads, salamanders, turtles and other small animals, be installed in the pool. Mr. Cauldwell asked what type of filtration system will be used. Mr. Masciarelli said it will be a cartridge system that will require no back washing. Mr. House made the motion to accept the plan, plan of record dated March 17, 2011, for 26 Marjac Way and issue a Negative 3 Determination; hay bales and silt fence are to be inspected by the agent before any work begins. The wetland delineation was not confirmed under this permit and will be noted as such in the Determination. Mr. Mulkern seconded the motion. Motion passed 7-0-0. 4. Notice of Intent: 211- 0856, Stan Feck, Christian & Feck Development Dolan Estates, Ware Street, Map 32, Parcel 13. DEP #211-0856 The Notice of Intent was filed for the construction of a four lot 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. The applicant has requested a continuance to April 11, 2011. Mr. Boyden made the motion to continue the Notice of Intent, DEP #211-0856, for Dolan Estates, Ware Street, to April 11, 2011. Motion passed 7-0-0. 5. Request for Determination of Applicability: Mansfield Municipal Electric Department Storage Yard, High Street, Map 21, Parcel 137 . 2 The Request for Determination of Applicability (RDA) was filed for the cutting of brush and the trimming of the trees along the fence line between the Mansfield Municipal Electric Department storage yard (at parcel 21-137) and the Rumford River. Applicant has requested a continuance to April 11, 2011. Mr. Smith made the motion to continue the hearing for Mansfield Municipal Electric Department, High Street storage yard to April 11, 2011. Mr. Boyden seconded the motion. Motion passed 7-0-0. 6. Request for Certificate of Compliance: Mariner Tower, 615 School Street, Map 10, Parcel 27. DEP #211- 0835 Christopher Ciolfi, Chief Development Officer of Omnipoint Communications was present. As one of the conditions for this filing, the applicant was to submit a letter of verification from Richard Keller at DEP that a detailed Alternatives Analysis is not required for this project. Mr. Ciolfi said he has been trying to get DEP council to write the letter but has been unsuccessful. He said it is their own council's opinion that the Alternatives Analysis was not required under statute because mitigation was done by removing concrete, steel guardrails, desk, etc. from the wetland area. He asked if the applicant couid apply for a waiver from this one condition. Elizabeth said the required signs are up on the 50 ft. line but not to the rear of the property where the wetlands are. She asked that an additional sign be placed in this area. She thinks the project qualifies as a re- development project; the board might see this as mitigation in a re-development of a Riverfront area and allow it as is. She said DEP will never submit a letter regarding the Alternatives Analysis. Mr. Ciolfi said it is his interpretation that DEP agrees an Alternatives Analysis is not required but DEP will not put anything in writing. He told the board he has an e-mail trail between the applicant and DEP showing a good faith effort to meet the condition regarding the Alternatives Analysis. The e-mails should be part of the file. Mr. Cauldwell asked if the board would consider granting the applicant relief on the Alternatives Analysis issue. Mr. House questioned the delineation of the wetland area. He would like the applicant to submit an as built with the locations of the wetland flags. Mr. Ciolfi said he would submit the as built showing the Riverfront, the buffer lines and the wetlands. Mr. Mulkern asked if there was a snow removal plan in place. He said the property owner has been pushing the snow to the edge of the wetlands. Elizabeth said the board can make this an on-going condition. The board asked that Elizabeth send a letter to the property owner addressing the snow removal issue. Mr. House made the motion to issue a Certificate of Compliance to Mariner Tower, 615 School Street, pending an as built showing the wetland delineation; all e-mail correspondence between DEP and the applicant detailing an attempt to get a letter regarding the Alternatives Analysis as required in the original orders be submitted for the file; an additional sign reading "Environmentally Sensitive Area - Do Not Disturb" be added to the rear of the property by the wetlands on the 50 ft. line. Mr. Mulkern seconded the motion. Motion passed 7-0-0. 17. Request for Certificate of Compliance: #211-0857,GeorgeandLinda Wallace, 233 Ware Street. #211-0857 I George and Linda Wallace were present. Elizabeth said the grass is growing and recommends a Certificate of Compliance be issued. 3 Mr. Smith made the motion to issue a Certificate of Compliance for George and Linda Wallace, 233 Ware Street. Mr. Mulkern seconded the motion. Motion passed 7-0-0. I 8. Request for Determination of Applicability-- Amtrak Right-of-Way. Kyle Fare, TEC Associates, was present. The Request for Determination of Applicability was filed for the renewal of Amtrak's Vegetation Management Plan (VMP) for the railroad right-of-way which expired December 31,2010. The VMP is a five-year plan. Mr. Fare told the board the delineation is the same as the 2005 filing with an update to reflect GIS mapping. Mr. Fare said there have been revisions to the Rights-of-Way Management Regulations, resulting in changes regarding spraying along rivers and in riverfront areas. The previous regulation prohibited the application of herbicide within ten feet of any flowing surface water. The revised regulation prohibits herbicide use within ten feet of the high-water line of any river. Mr. Fare said the areas effected by the new reguiations will be reviewed when a review of the markings and all measurements have been taken prior to spraying. Any changes will be made in the field and if any revisions are made to the maps, a revised map will be provided to Conservation explaining the changes. There is a 2 year limited spray zone around drinking water, based on Mass Drinking Water Regulations. Elizabeth would like to see the river and riverfront areas, espeCially the changes in these two areas. Mr. Fare said he will let Elizabeth know when he will be doing the site visits to review the changes and she is welcome to join him. If she is unable to go, he will take pictures of the areas in question. Mr. Cauldwell asked about the spraying; are certain sprays allowed in some areas and not in others? Mr. Fare said sensitive area materials are the oniy applications used through out the state; non-delineated areas get sprayed with the same material used in sensitive areas. Mr. Boyden made the motion to accept the Request for Determination of Applicability for Amtrak Right-of-Way wetland delineation for the Vegetation Management Plan and issue a Negative 5 Determination - the area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the folloWing exemption, as speCified in the Act and the regulations, no Notice of Intent is required: exempt activity: 310 CMR 10.03(6)(b), 310 CMR 10.05(3)(a)(2) and 310 CMR 10.58 (6)(a). Mr. Smith seconded the motion. Motion passed 7-0-0. I 9. Notice of Intent: Jordan Jackson School, 250 East$treet,Map32, Parcel 33. DEP #211-0866 Mitchell Negus, Troop #17, and Michael Trowbridge, Hutchins & Trowbridge Associates, Inc., were present. The Notice of Intent was filed for the Mansfieid Public School, Jordan Jackson, at 250 East Street: The Eagle Scout Project is for a footbridge over an existing drainage ditch and an intermittent stream. The site is within an ACEC, the Canoe River. The footbridge will be constructed over a small stream in the front of the Jordan-Jackson School at the end of the baseball fields. The existing plank crossing in this area is no longer safe due to erosion. No work will occur within the stream and there will be little impact to the surrounding areas. Elizabeth suggested some Bank restoration to stabilize the area using matting, gravel or seeding and/or plantings. 4 Mr. Trowbridge said the footings would be excavated by hand and all work will be done during the summer months when the intermittent stream is at its lowest levels or dry. Mitchell told the board the planking for the flooring, railings and stairs will be constructed of composite material to avoid the use of pressure-treated lumber. The bridge will be handicapped-accessible. Mr. Trowbridge told the board 15 feet of siltation fence will be placed on each side of the intermittent stream prior to the start of any work and will remain in place until construction is complete. Ms. White asked if there were any comments from DEP. Elizabeth said no. In the Notice of Intent filing, Mr. Trowbridge stated the project is exempt from the provisions of the MassDEP Stormwater Management Standards. Ms. White said there are only 3 exemptions allowed: single-family house, emergency road repair and small residential subdivisions of less than 4 single-family houses or 4 units in a multi-family housing project. She does not believe the project is exempt from the stormwater standards; the majority of the standards would not be applicable because the project does not require the use of stormwater structures but it does provide for a Construction Period Pollution Prevention Plan (CPPPP) for the project while it is being built. She feels this should be provided for the erosion and sediment controls because it is directly impacting a resource area. Mitchell Negus told the board he is applying to the Gift Committee for a donation and will also ask the Youth Baseball League and local businesses for donations. Mr. Trowbridge said he will submit the Construction Period Pollution Prevention Plan. Ms. White made the motion to issue an Order of Conditions for the Notice of Intent for Mansfield Public School, Jordan Jackson, 250 East Street, DEP #211-0866: conditions to include a Construction Period Pollution Prevention Plan, to be attached to the Orders; footings are to be excavated by hand; a Bank restoration plan is to be submitted with the piantings approved by the Conservation Commission; siltation controls will be inspected by Elizabeth before any construction begins and maintained until the area is stabilized. Mr. Smith seconded the motion. Motion passed 7-0-0. !lO.Agent'sNotes & Other business Agent's Notes: Ms. White made the motion to accept the February 14, 2011 minutes as written. Mr. Mulkern seconded the motion. Motion passed 5-0-2 230 West Street: The homeowner is asking for the board's permission to remove three hemlock trees on his property. Elizabeth told the board the trees are infected with wooly adelgid; the homeowner will be submitting a Request for Determination of Applicability for the removal of the infected trees. The board asked that anyone with damaged or downed trees contact the Conservation Department before removing them. Denise Brown - Natural Resources Trust 40th Anniversary Canoe inquiry for Fulton's Pond: NRT will hold the Family Conservation Fair on October 1, 2011, rain date October 2, 2011. They have approval to use the South Common for the fair. They are seeking permission to use Fulton's Pond for kayak demonstrations by LL Bean and fishing demonstrations by Bass Pro Shop. 5 Ms. White said she spoke with Ms. Brown about any requirements or permitting necessary to allow the canoeing/kayaking on Fulton's Pond. Mr. Cauldwell said vendors should submit an insurance certificate to have on file. Ms. White is also working with NRT to develop maps of various locations for canoeing and kayaking for the Fair. She said she volunteered the board to be an exhibitor at the Fair. A table will be set up with conservation information. Mr. Cauldwell said they have also been asked about invasive species information. Mr. Boyden made the motion to allow the use of the facilities of Fulton's Pond for kayaking and canoeing. Mr. Smith seconded the motion. Motion passed 7-0-0. Update on Mass Highway: Paul Leofanti of J.H. Lynch & Sons told the board they have resumed construction on the southbound off-ramp and the northbound on-ramp, focusing on the pavement areas. He said within the next couple weeks work will begin on the surface roads and the sides of the roads. The work will include curb removal, some median removal on Rte. 140, drainage in the area of BMP 1 & 3, head walls, catch basins and manholes and the installation of RCP piping. Karro Frost, a Professional Wetland Scientist with New England Environmental, Inc. (NEE) conducted a site visit on March 14, 2011 to review the erosion controls after the winter snow melt. She said the site looks good and is stable. Ms. Frost told the board an automobile accident happened prior to construction last fall in the area of Station 71 + 00, towards the southern end of the site. She said another accident occurred in this same area over the winter, taking out the silt fence and hay bale barrier. Another accident occurred south of Station 71 + 50, damaging the erosion controls in this area. The erosion controls in these areas will need to be replaced or fixed. Ms. Frost said very little sediment has moved on the site. To prevent sediment from migrating down toward the wetlands and the construction done last fall, stone check dams were placed in the area to keep sediment from washing into the resource areas. Ms. Frost told the board a small pine tree, rooted outside the erosion controls has fallen across the wetland mitigation area. Ms. Frost recommends the tree be cut as close to the ground and the wood used as coarse woody debris within the replication area; it will be a good habitat for amphibians, wetland insects, etc. The silt fence surrounding the proposed wetland replication area needs to be set upright and some of the hay bales in this area need to be replaced. Elizabeth asked about the coal clinkers. Mike Martin, Assistant Construction Engineer, Mass DOT, told the board Tetra Tech has been contracted to sample the coal clinker pile on site. They will characterize the clinkers for disposal and once they have this information, a disposal plan will be formulated and submitted to Conservation for approval. Elizabeth asked about the Army Corps of Engineering variance. Mr. Martin said they have applied forr the variance but have not received a response. Elizabeth asked about the work in the river area. Mr. Leofanti said work is being done on the culvert extension now. He said the Mass Wildlife and Fisheries and Karro Frost will be on site when the culvert work is done. Mr. Mulkern asked if the Town Engineer had any concerns. Elizabeth said Richard Alves had expressed concerns about the pipe extension and the elevations when the project was in the process of being permitted. He was concerned about the existing grade around the pipes being higher than the invert; what would be the 6 effect on 1-495 and the resource areas if the pipe became silted up? Elizabeth told the board this area is already filled with water and there is a lot of silt in the area; she does not want the silt going into the wetlands. Mr. Cauldwell said the elevation of the pipe needs to be raised. Mr. Martin told the board the pipe was not a design change, it was only an extension of an existing pipe. It is on the plan as an extension. Gary Dixon, Resident Engineer, said most of the work in this area has already been completed. Mr. Martin said Mass Highway has not received an official request from the town as to what the problems are and can not respond. Elizabeth said a letter had been sent regarding the problems. Mr. Martin said he did not receive the letter. Elizabeth will resend the letter. Mr. Martin said one of the solutions is to clean out the silt prior to the removal of the hay bales and silt fencing. He said a possible remedy would be to remove the entire pipe and head wall all the way back to the manhole but he said this is not part of the scope of the contract. Ms. White asked where the project would be at the end of the year. Mr. Leofanti said they will resume work in the ramp locations, the BMPs and Rte. 140. Work to be done on Rte. 140 includes installing electrical conduit for the new signals, installing fill and drainage pipes, loaming and seeding at the start of the season. Mr. Cauldwell asked about the status of the houses on site. Mr. Leofanti said the houses have been remediated and torn down. The electrical service has been terminated at the poles and the wires and poles removed. The gas has been cut off in the street and capped. The water services have been shut off except for one; Mr. Leofanti said one service can not be found. Little League Contract: Mr. House told the board the updated contract needs to be signed. Mr. Boyden said the contract had been updated last year. Elizabeth said the changes were made to the contract and an amendment was drawn up with the changes - paving of part of the roadway, well, signage. A building permit has been applied for to redo two roofs, one a failure and one from vandalism. The board asked that Peter Smith be invited to the next meeting. Mr. Boyden made the motion to accept the replacement of the two roofs at the Little League Fields on otis Street. Mr. House seconded the motion. Motion passed 7-0-0. Ms. White talked about Rare and Priority Habitat and why it is important. The NHESP, founded in 1978, is part of the Division of Fisheries and Wildlife within the State Department of Fish and Game. The Program is charged with the conservation and protection of animal and plant species that are officially listed as Endangered, Threatened or of Special Concern in Massachusetts. The Program performs research, data management, rare species recovery, ecological restoration, land protection, education, funding, certifying vernal pools and regulation. Their regulatory review includes Mass Endangered Species Act and WPA. The Mass Endangered Species Act protects rare animals and plants, and their habitat. NHESP interest in the WPA includes review of projects that propose alteration of wetland habitats of rare wildlife. The NHESP reviews other types of projects but MESA and WPA are two that this ConCom deals with the most. Wildlife and habitat protection is important because many of these species are unique to Mass or may have their largest, most stable populations in the state. Their presence or absence can also be an indicator of wetland health, which is important for water quality, water quantity, flood control and can support public recreation. The Program is charged with producing and maintaining maps of habitat within the state. Priority Habitat maps are based on the known geographical extent of state-listed rare plant and animal species. Estimated Habitat maps are based on the geographical extent of state-listed rare wetlands wildlife habitat. These maps are updated by information submitted to the Program regarding habitat and by using aerial photography. These maps are subject to change based on new habitat information, updated aerial photography, changes to the species list, and exclusion of sites with poor estimated viability. What maps mean for applicants, specifically in areas of new development, is that the NHESP may not have up to date habitat information for a site, or up to date information may not yet be published. The Program does update its maps based on land use changes, including residential development and vegetation cover. However, 7 this may require an appiicant to undergo a wildlife habitat assessment in areas which may appear to have poor estimated viability, but have not yet been designated so by the Program. Anyone interested in more info can contact the Conservation office or go to the NHESP website at www.mass.qov, search for "Natural Heritage and Endangered Species Program". The board discussed 2.6 of the Mansfield By-law. Mr. Mulkern made the motion to not make the changes to the by-law as a warrant article for Town Meeting but as a change in regulations. Ms. Matthew seconded the motion. Motion passed 7-0-0. Mr. Cauldwell suggested a sub-committee be formed to review and make additions or changes to the regulations and then present the regulations to the board for approval. Mr. Boyden made the motion to clarify 2.6 of the by-law to address issues brought before the board. Mr. House seconded the motion. Motion passed 7-0-0. Mr. Boyden made the motion to accept the minutes of January 10, 2011 with corrections as proposed by the board. Mr. Smith seconded the motion. Motion passed 7-0-0. Ill. Adjollrnment I Motion to adjourn: House/Boyden. Motion passed 7-0. NEXT MEETING: APRIL 11, 2011 AT 7:00 PM {dlta" 11-~t-c AiLt\ Colin Cauldwell, Chairman 2-/;3 II ~ Date { 8