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HomeMy WebLinkAboutCONCOMM_092412Conservation Minutes i September 24, 2012 Present: Joseph Mulkern, Chairman; Colin Cauldwell, Vice Chairman; Michele White; Paul Boyden; Jack Smith; C�Irdle Matthew; Michael Healey; Elizabeth Leidhold, Conservation and Environmental Planner. 1. Meeting was opened at 6:45 pm. Lou Andrews, President of NRT, told the Commission the Selectmen have signed the land transfer documents that were approved at Town Meeting. He reminded the board they need to sign the documents with a notary present. Mr. Andrews said there was a problem with the Essex Street land transfer because of a wording change that was made by Town Councel; the wording was changed from "require the transfer of the property" to "authorize the Board of Selectmen to transfer the property"; this would allow further discussion after Town Meeting. Mr. Andrews said the residents at Town Meeting were aware of what they were voting on, they knew the options and chose to transfer the Essex Street property to the Conservation Commission. Mr. Andrews explained the Commission needs to develop a plan for the care and maintenance of all conservation land because the trails are not being well maintained and some are in bad shape. He said the Town of Norton, because the agent and board are busy with applications, etc., has formed an Open Space Committee which works under the direction of the board to manage the properties under Conservation care and find solutions for any issues or problems with the properties. He said the Commission might want to do something similar. Mr. Andrews said the boardwalk in The Great Woods has been started, good progress has been made and the boardwalk should be done in a few weeks. Mr. Cauldwell made the motion to accept the land transfer of the three parcels to the Commission as voted at Town Meeting. Ms. White seconded the motion. Motion passed 6 -0 -0. The Commission thanked Mr. Andrews for all the hard work he has done for the town over many years. 2. Request for Certificate of Compliance: Deana DeSilva, 3 Kybren Circle. DEP #211 -0881. The applicant was not present. Jane Cote from Easton Pool and Spa told the board the requested signage is on site but has not been installed. One of the Special Conditions was that permanent metal signs with concrete footings be installed every 25 feet at the 25- foot no touch area. Because the signage is still not installed, the Certificate of Compliance will not be issued until this Condition has been met. Mr. Cauldwell made the motion to continue the request for a Certificate of Compliance for 3 Kybren Circle. Mr. Boyden seconded the motion. Motion passed 6 -0 -0. 3. Request for Determination of Applicability: Dana Delorenzo, 231 Spring Street, Map 26, Parcel 30. The Request for Determination of Applicability was filed for the replacement of an existing porch with footings. An existing split -rail fence along the street will be replaced using the existing post holes. The property is within the inner riparian zone of the Rumford River. Dana DeLorenzo, the homeowner, was present. Ms. DeLorenzo explained the existing three - season porch has been significantly damage by water and that the two wood footings supporting the porch have rotted. She said the damage to the porch has caused the roof to sink, damaging the front wall of the kitchen. She said the new farmer's porch will be the same size but will have the proper footings. Three sections of a split -rail fence in the front of the house will be replaced with the same type of fence. There is a perennial stream with associated bordering vegetated wetlands across the street, approximately 70 -80 feet from the property. Siltation controls will not be necessary. Mr. Boyden made the motion to approve the plan for the replacement of the porch and fence at 231 Spring Street and issue a Negative 2 Determination. Mr. Cauldwell seconded the motion. Motion passed 6 -0 -0. Plan — Mansfield GIS plan for 231 Spring Street, August 28, 2012. 4. Notice of Intent: Town of Mansfield, East Street Right -of -Way, Map 4. DEP #211 -0892 The Notice of Intent was filed for drainage improvements to East Street within 100 feet of bordering vegetated wetlands and an ACEC, the Canoe River Aquifer. Richard Alves, Town Engineer, was present Mr. Alves said the Notice of Intent was filed to address repairs and upgrades to East Street from the intersection of North Street to the Mansfield /Easton Town line for approximately 1,070 linear feet. The project was initiated because the existing town -owned roadway has deteriorated and lacks drainage. The intent of the project is to provide full depth construction and the necessary drainage system to handle the stormwater leaving the roadway surface. Mr. Alves said the town is proposing a 10 -foot wide lane that will transition to an 11 -foot wide lane toward the Easton Town line in the north gutter line of East Street. He told the Commission there is a superelevated curve at Station 200.0 to Station 200 that is sheet flowing the run -off on the south gutter line. There is an existing culvert in this area and on the east side of this culvert, there are two low points. These low points do not have a discharge point and sheet flow into the wetlands. Mr. Alves said they are proposing two 6 -foot diameter catch basins with 4 -foot sumps leading to a manhole on the south side of East Street and a second 6 -foot diameter catch basin with a 4 -foot sump that outlets to a 1' x 3' weir that will outlet to a proposed 3 -foot wide water quality Swale and eventually to the wetland. Mr. Alves said when there is a buildup of material on the shoulders of the roadway, the water pools there, causing deterioration of the road. By providing these BMPs, catch basins with sumps, street sweeping and a water quality swale, the TSS removal has been taken care of. By eliminating the deterioration of the roadway, the resource areas will be protected. Mr. Alves said the wetland line was flagged by Elizabeth and field located by the Engineering Division in July of this year. The existing conditions were also surveyed by the Engineering Division. 01 A DEP number has been issued. DEP comments: the submittal lacks stormwater management discussion and DEP forms /checklist to detail compliance with the stormwater regulations. Please provide to DEP and the Conservation Commission. Mr. Alves told the board he discussed this with Dick Keller at DEP on Friday. He said told Mr. Keller the TSS removal has been calculated at greater than 80 %. He has sent a letter to DEP, asking Mr. Keller to contact him if there are additional questions or concerns. Mr. Alves said the only increase in impervious material will be approximately 1,000 square feet and the water quality swale will provide infiltration for this increase. Mr. Alves told the board there is a common driveway providing access to four lots and an existing culvert connecting the two wetlands in this area. He said the neighbors do not have water problems except when the culvert is blocked. Mr. Alves said he has spoken to the private property homeowner where the swale will be located and she does not have a problem with the project. He said he will have to get a Right -to -Enter sign -off so there will be no issues with the homeowner during the construction period. Once the construction is complete, the temporary easement goes away, Elizabeth said the work is within a Zone II acquifer to the Canoe River and Mr. Alves has provided a checklist for the 10 stormwater standards the project must meet; unfortunately he was unable to get an approval from Mr. Keller because his office was closed today. The copy of the check list has also been mailed to DEP. She told the Commission the discharge from the road is going directly into the pond in the back and anything that can be done to treat the discharge and prevent it from happening in the future will be a benefit. Mr. Alves said DPW will start the layout and construction of this project by mid - October. The construction period for this project has been estimated at two months. The project will not impact existing wetland resources that are present in the project corridor. An erosion control barrier consisting of straw wattles will be installed prior to construction and will remain in place until the disturbed areas have been permanently stabilized. Once the area is stabilized, the straw wattles will be spread to deteriorate naturally. Elizabeth and Mr. Healey visited the site with Mr. Alves to discuss ways to increase the current ground water discharge in this area. Mr. Healey said this is not feasible because the increase ground water levels are too high now and in order to get the catch basins, the plumbing and the water line in the street, there is no room for a recharge area. He said this is the best solution and will overall improve the general water quality by removing the suspended solids and will help prevent the roadway from deteriorating and washing into the pond. It will be a benefit to the environment and the residents. Mr. Cauldwell asked if the swaling into the resource area will stop once the work is complete. Mr. Alves said a Cape Cod berm is planned and everything will go into the catch basin to the manhole and outlet to the water quality swale. Mr. Boyden asked if the information provided to DEP answers all questions and concerns. Elizabeth said Mr. Alves has provided a significant amount of information to Mr. Keller that should answers all questions. She asked if the Commission would approve the project tonight, contingent upon her contacting Mr. Keller tomorrow. Mr. Alves said he would follow up with Mr. Keller tomorrow and if there are any concerns about the project, he will change accordingly and keep Elizabeth informed. Mr. Cauldwell made the motion to approve the Notice of Intent, DEP #211 -0892, for the improvements on East Street from the intersection of North Street to the Mansfield /Easton Town line with the following conditions: approval is 3 contingent upon DEP sign off and that the placement of staked straw wattles, 12 inches in diameter, be approved and inspected by the agent prior to the start of work. The stormwater calculations, dated 9/24/2012, will be added as an Order to the Order of Conditions. Plans: Plan and Profile — East Street, Mansfield, MA sheet 1 of 2. Prepared by the Town of Mansfield by Richard C. Alves, Jr. P.E., dated August 27, 2012; Detail Sheet — East Street, Mansfield, MA Sheet 2 of 2, dated August 27, 2012; Flood Insurance Rate Map, Effective Date, July 7, 2009 S. Notice of Intent: Nasiff Almeida, 4 Kell Lane, Map 40, Parcel 285. DEP #211 -0891 Jane Cote of Eastern Pool and Spa and Mark Almeida, the homeowner, were present. Ms. Cote said the Notice of Intent was filed for the installation of an 18'x36' in- ground pool with apron, fence, and a pad for the pool equipment and related grading. An existing play area will be re- located. All work will be on existing lawn within the 100 foot buffer zone, an ACEC, the Canoe River and an Estimated and Priority Habitat of Rare Wildlife. Hay bales and silt fencing will be installed and there will be no stockpiling of material on site; any material will be removed off site. A closed filtration system will be used, requiring no backwashing. Ms. Cote said a letter was sent to Natural Heritage regarding the Notice of Intent. A response letter dated September 24, 2012 was received from the Division of Fisheries & Wildlife; NHESP has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state - protected rare wildlife species. The project meets the state - listed species performance standard for the issuance of an Order of Conditions. The project is exempt from a MESA review. There were no comments from DEP. Elizabeth told the board there have been several filings for this property. There is an opened Order of Conditions with only a partial Certificate of Compliance issued for the original 1998 filing, DEP #211 -578, because the lawn area had not been stabilized at that time. The owner has applied for a complete COC. Elizabeth said there have been several changes to the driveway over the years; it appears to be different on each plan for the property. She told the board an as built from 1998 shows the driveway 10 feet from the wetland area. She asked about the existing play area and where will it be located. Mr. Almeida said the play area will be moved to the right side of the house. Elizabeth asked RIM Engineering to remove wetland flags 7 and 8 and connect wetland flags 6 -9 near the driveway. She said wetland flags beyond flag 9, and 19 -21 were not verified because they are not pertinent to this project. She said this information should be noted in the Order of Conditions. Mr. Healey said roof drains and a dry well are shown on the original plan and asked if the dry well is still in place and if so, will the construction of the pool interfere with the dry well. He said Mr. Almeida might have to re- located or replace the dry well if it is damaged during construction. The pool equipment will be located behind the existing shed. Ms. Matthew said it would be good to have some signage or fencing this area. 0 Mr. Cauldwell asked if there is an elevation difference between the lawn and the proposed pool apron. Ms. Cote said the elevation will be the same as the existing retaining wall. Mr. Mulkern asked about the driveway drain. Mr. Almeida said the drain was there when he purchased the house. He said the driveway is located in a low spot on the property. Mr. Cauldwell said signs should be placed at the edge of the basketball court /driveway, at the edge of the lawn near wetland flag #10 and at the edge of the existing lawn near wetland flag #18. He said Frog -logs should be added to the pool to prevent amphibians from entering the pool and staked hay bales with silt fence should be installed. He said if the roof drain infiltration system is disturbed or damaged during the construction of the pool, the homeowner will have to repair or replace the system so it will still function. Ms. Matthew suggested that straw wattles be used in place of the hay bales /fencing. Ms. Matthew noted that according to the Mansfield Wetland By -law, this is an existing house legally disturbed before the Mansfield Wetland Protection By -law and it is at the board's discretion as to how the board wants to proceed. She asked that a construction sequence be submitted prior to the start of work. Mr. Boyden said elevations should be added to the plan because any construction will be close to the 25 -foot area. Mr. Cauldwell made the motion to accept the plan for the installation of an in- ground pool, apron, fence, a pad for the pool equipment and related grading and the re- location of a play area for 4 Kell Lane and issue an Order of Conditions with the following special conditions: four (4) permanent signs, "Environmentally Sensitive Area — Do Not Disturb ", on metal posts are to be placed at the edge of the existing lawn in the following locations: at the edge of the basketball court /driveway, at the edge of the lawn near wetland flag #10, at the northeast corner of the proposed silt fence to the east side of the concrete pad for the pool equipment and at the edge of the existing lawn near wetland flag #18; Frog - Logs or a similar device must be used while the pool is open to allow small animals to exit the pool; staked hay bales, siltation fence or straw wattles shall be installed, per plan, prior to any construction, clearing or excavation and the agent be notified when the erosion controls are in place so that an inspection can be done; all erosion controls shall remain in place and be maintained throughout construction and until all disturbed areas are stabilized; if the existing roof drains and dry well have to be relocated or replaced during the pool installation, the homeowner must contact the Conservation Commission to determine whether a new application is needed to have this system installed; when requesting a Certificate of Compliance, an as built must be submitted with a letter from a professional engineer, certifying that the work has been done in accordance with the approved plan. Mr. Healey seconded the motion. Motion passed 6 -0 -0. Plan — "Proposed in- ground pool at 4 Kell Lane, RIM Engineering Co., Inc., signed by Craig E. Cygawnoski, P.L.S., dated September 12, 2012. 6. Request for Certificate of Compliance: Regina Buckley, Scheier & Katin, 23 King Arthur Way. DEP 42 -24 Regina Buckley was present. Elizabeth said the request for a Certificate of Compliance is for the original filing for Camelot Estates which was superseded by DEP #211 -138 for Tremont Street, Broderick Corp. A Certificate of Compliance was issued for the property under this number in 1985. Richard Lewis, a former agent, stated in a letter that at the October 3, 1988 meeting, he recommended a Certificate of Compliance be issued for DEP #42 -24 to clean up the file for Camelot Estates but this was never done. 5 Elizabeth said work is being done in the back of this property and, because this property is very wet, she asked that Ms. Buckley notify the property owners about doing any work without first contacting the Conservation Department. Ms. Buckley said she will let the owner know but she is only here tonight to clear the title. Mr. Cauldwell made the motion to issue a Certificate of Compliance for DEP #42 -24, 23 King Arthur Way. Mr. Healey seconded the motion. Motion passed 6 -0 -0. 7. Notice of Intent: David Oberlander, 29 Mill Street, Map 35, Parcel 26. DEP #211 -0888 The Notice of Intent was filed to raze the existing dwelling and construct a new dwelling with a driveway and associated work. Dave Oberlander was present. Mr. Oberlander explained the project is no longer considered new construction because the proposed addition will be connected to the northern wing of the existing house; the southern portion of the house will be removed. He has also removed a corner of the proposed deck and the driveway has been re- worked so all the work and grading is outside the 25 -foot no touch area. Mr. Oberlander said he has filed with the Zoning Board of Appeals for a Finding and is on the October 16'2012 agenda. Elizabeth's comments: She met with Mr. Oberlander to discuss the plan and he has been able to incorporate a portion of the original house into the new house, so hopefully this project will meet the criteria for the 25 -foot "no touch" zone. She suggested an as built be required when Mr. Oberlander requests a Certificate of Compliance. Erosion controls are to be placed at the limit of work. Mr. Cauldwell asked if any roof drains are planned. Mr. Oberlander said roof drains are proposed in the front and back of the house and will discharge into the infiltration trench for the driveway drainage. Mr. Boyden said if the board approves the plan presented tonight and the ZBA requires any changes to the plan such as moving the house, the Conservation Commission needs to be notified. Mr. Oberlander said the house cannot be moved back, because of the restrictions of the 25 -foot regulations. Mr. Mulkern told Mr. Oberlander the board is approving the plan presented tonight and not any changes the ZBA may require. If there is any modification or revisions to the plan of record, Mr. Oberlander will have to come back to Conservation. Ms. Matthew asked if there would be any stockpiling of material when the excavation is done for the new driveway and the addition. Mr. Oberlander said he would like to use the loam for final site preparation once the house has been backfilled and the driveway is finished. Mr. Cauldwell said if any material is stored on site, it should be protected with silt fence. Mr. Healey said it is existing lawn and erosion controls should be placed between the lawn and the wetland. He said he would rather see any excavated material re -used as opposed to bringing in new material that is an unknown quality. Although not ideal, it is better than going through the disturbance to remove the material off -site and then to bring it back. He said the stockpile should be covered with a tarp and erosion controls put around it. Mr. Boyden asked Mr. 3 Oberlander how much material would have to be stockpiled. Mr. Oberlander said approximately 20 -30 yards of loam will be stockpiled on site. Ms. Matthew said the plan calls for any bare spots in the 25 -foot area be learned and seeded as required. She asked if wetland shrubs could be placed in this area to provide a better buffer. Mr. Oberlander said the shed by the house and the one to the left of this shed will remain. He asked if the board would like the wetland area cleaned out; there are motorcycles, automotive batteries and other debris in the wetland as well as a shed that has been crushed by a tree. He said the tree would have to be cut to remove the shed. Mr. Cauldwell said he feels everything should be removed and, as much as possible, removed by hand. Mr. Oberiander said he feels this is a good plan and thinks the board will be pleased with the new house Mr. Cauldwell made the motion to accept the plan as drawn for 29 Mill Street, DEP If 211 -0888, with the following special conditions: Shed q3, the car batteries, motorcycles and associated debris from the onsite wetland are to be removed by hand; when requesting a Certificate of Compliance, an as built must be submitted as well as a letter from a professional engineer, certifying that the work has been done in accordance with the approved plan; a construction sequence plan must be provided to the Conservation Commission prior to the start of work; hay bales, siltation fences, etc., shall be installed per plan, and the agent notified when the erosion controls are in place so an inspection can be made prior to the start of work; erosion controls are to remain in place and be maintained throughout the construction and until all disturbed areas are stabilized; any stockpiled material from the excavation of the addition and driveway is to be surrounded by staked hay bales or straw wattles and covered by a tarp to reduce runoff during construction; four (4) permanent signs, "Environmentally Sensitive Area — Do Not Disturb ", on metal posts are to be placed every 50 feet at the edge of the existing lawn from the northern portion of the property to the southern portion. Mr. Healey seconded the motion. Motion passed 6 -0 -0. Plan — "Site Plan for Reconstruction of Existing Dwelling at 29 Mill Street, Mansfield, MA, BDO Engineering, David A. Oberlander, dated June 9, 2012 and revised August 8 & 28 2012. 8. Request for Determination of Applicability: Paul and Denise Mahoney, 6 Winslow Way, Map 41, Parcel 36 and 38. The Request for Determination of Applicability was filed to clear vegetation within 100 feet of stream. The applicants were not present. Mr. Cauldwell made the motion to continue the hearing for 6 Winslow Way. Mr. Healey seconded the motion. Motion passed 6 -0 -0. 9. Agent's Notes: Land Donation — Parcel 40 -154. The board received a letter from Attorney Gregory F. Galvin, who represents the estate of Vincent Moscardelli, the owner of a 5.4+ acre parcel of land located to the rear of Stearns Avenue. The estate would like to donate the land to the Town of Mansfield. Mr. Cauldwell made the motion to approve the Executive Session minutes of July 16, 2012. Mr. Boyden seconded the motion. Motion passed 6 -0 -0. 7 Mr. Cauldwell made the motion to approve the Executive Session minutes of July 12, 2010. Mr. Healey seconded the motion. Motion passed 5 -0 -1. Mr. Cauldwell made the motion to approve the Executive Session minutes of February 8, 2010. Mr. Boyden seconded the motion. Motion passed 5 -0 -1. Mr. Boyden made the motion to approve the Executive Session minutes of November 10, 2009. Ms. Matthew seconded the motion. Motion passed 5 -0 -1. Mr. Mulkern made the motion to approve the Executive Session minutes of July 2, 2012. Mr. Healey seconded the motion. Motion passed 6 -0 -0. Mr. Mulkern made the motion to approve the Executive Session minutes of December 13, 2010. Mr. Healey seconded the motion. Motion passed 4 -0 -2. Mr. Mulkern made the motion to approve the Executive Session minutes of June 18, 2012. Mr. Healey seconded the motion. Motion passed 6 -0 -0. Mr. Mulkern made the motion to accept the minutes from the site visit to 23 Lakeview Avenue. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. Mr. Mulkern made the motion to approve the Executive Session minutes for May 24, 2010. Mr. Cauldwell seconded the motion. Motion passed 4 -0 -2. Elizabeth told the board work has started at Dolan Estates on Ware Street (DEP #211 -0856) and Mark L. Manganello of LEC Environmental Consultants, Inc, has been submitting weekly reports as the monitor. Mr. Manganello is also the wetland monitor for the project at 557 Maple Street. Elizabeth said the replication area has not been done. Ms. Matthew said some of the fencing is down. Elizabeth will send an e-mail to Mr. Manganello about the fencing. Elizabeth received an anonymous call about work being done at 20 Jason Lane. There are wetlands on the site and the property is within an ACEC, a Natural Heritage area and Zone 2. She said an Enforcement Order was issued and the homeowner was asked to file an After- the -Fact Notice of Intent. Ms. White made the motion to ratify the Enforcement Order for 20 Jason Lane. Mr. Healey seconded the motion. Motion passed 6 -0 -0. Elizabeth gave the board an update on the Route 495 oil spill restoration. She said the restoration has been started and the number of plantings has been doubled. 10. Old Business: Ms. Matthew asked that the minutes of July 16, 2012 be corrected to reflect the correct wording for paragraph four, 6. Rare Species Habitat, of the regulations. She said this is a correction to the Regulations not an amendment. 3 Paragraph four should read as follows: ft6. Rare Species Habitat, Paragraph four: Lands within 100 feet of this resource area are likely to be significant to the protection and maintenance of the By -law wetland values. In accordance with the By -law's fundamental purpose, no project may have a significant adverse impact either project specific or cumulative, therefore there is 100 foot undisturbed buffer zone as required by Section 2.6 of the By -law. The burden of proof is on the applicant to show how the project as designed will meet the performance standard of no significant effect. The Commission has determined that a physical site evaluation is needed to determine if the project as designed will meet the performance standards of the By -law. NHESP may perform such a site evaluation, or the applicant may demonstrate through a wildlife study performed by a qualified consultant approved by the Commission that the wetland area is not a significant habitat area as set forth in Section 2.6 of the By -law. The Commission may hire a peer review consultant at the applicant's expense to review the wildlife study or other information submitted by the applicant. Mr. Cauldwell corrected a statement he made at the July 16, 2012 meeting concerning 29 Mill Street and how the 25 -foot no touch zone regulation is applied. He asked that it be noted in tonight's minutes that he was incorrect in his interpretation of the By -law regarding the 25 -foot setbacks. He said his comment concerned industrial /commercial issues that he applied to a residential issue. 11. Adjournment: Meeting adjourned at 9:25 pm. Cauldwell /Healey. Passed will be October 15, 2012. Joseph Mulkern, Chairman 2 Date