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HomeMy WebLinkAboutCONSERVATION 01232012 MANSFIELD CONSERVATION JANUARY 23, 2012 MINUTES Present: Joseph Mulkern, Chairman; Colin Cauldwell, Vice Chairman; Michele White; Paul Boyden; Carole Matthew; Elizabeth leidhold, Conservation and Environmental Planner. 1. Meeting called to order at 7:04 pm 2. Certificate of Compliance: Acorn Manufacturing, 457 School Street, Map 10, Lot 28. DEP #211-0863 James Pavlik of Outback Engineering and Eric Delong of Acorn Manufacturing were present. A letter dated January 13, 2011 from James Pavlik certifies that the plan is in substantial compliance with the approved plans and the Order of Conditions issued February 18, 2011 except for minor changes from the original plan: the location of the underground electric, telephone and gas services and the exterior lighting differ from the design plans; a gravel driveway has been added between the existing septic system leaching field and the new detention basin #2. Mr. Pavlik said these changes should have no material impact on the project design or the wetlands. The Engineering Department has reviewed the plan entitled "As Built Site Plan for Acorn Manufacturing", dated January 3, 2012 and prepared by Outback Engineering, Inc. A memorandum from Richard C. Alves, Jr., Town Engineer dated January 23, 2012 states the "As Built Site Plan for Acorn Manufacturing", and the letter from Outback Engineering, Inc., dated January 13, 2012 satisfactorily addresses any concerns. Elizabeth asked about snow storage; the original plan shows a proposed snow storage area by the parking lot on School Street. If this area is still being used for the snow storage, Elizabeth would like this to be an on-going condition in the Certificate of Compliance. Mr. Delong said the area will continue to be used for snow storage. Elizabeth said she does not have any other issues. Ms. Matthew asked that the memorandum from Richard Alves be attached to the Certificate of Compliance. Mr. Cauldwell made the motion to issue a Certificate of Compliance for Acorn Manufacturing, 457 School Street, DEP # 211-0863. The letter from James Pavlik, Outback Engineering, dated January 13, 2012 and the memorandum from Richard Alves, Town Engineer, dated January 23, 2012 are to be attached to the Certificate of Compliance. All snow storage is to be in the location as shown on the plan of record from the original Order of Conditions. As built Site Plan for "Acorn Manufacturing" in Mansfield, Massachusetts, dated January 3, 2012, Outback Engineering Incorporated and stamped by James K. Pavlik, Professional Engineer. Mr. Boyden seconded the motion. Motion passed 5-0-0 3. Request for Determination of Applicability: Thomas Walsh, Elm Street, Map 7, Lot 80. The Request for Determination of Applicability was filed for a drainage improvement project at the request of the Conservation Commission to address water being discharge into the bordering vegetated wetlands (BVW) to the west of the property. Work will include the creation of a forebay to process collected water and the abandonment of an existing drainage pipe leading to a bordering 1 vegetated wetland. The proposed drainage system improvement is within an existing cleared area and more than 100 feet from the bordering vegetated wetlands. The project will not alter any wetland resource areas. Brad Holmes, Professional Wetland Scientist of Environmental Consulting & Restoration, LLC and Thomas Walsh, the property owner were present. Mr. Holmes told the board the proposed drainage system improvement project is associated with a bordering vegetated wetland located on the western portion of the property. The wetland resource areas at the site were confirmed through an Order of Resource Area Delineation (DEP #211-0859 issued December 22, 2010). No work is proposed in the 100 ft. buffer of BVW under this application. Mr. Holmes said the elevation at the bottom of the forebay is 116, the pipe invert is at an elevation of 111.09 and the bordering vegetated wetlands are at 112. The bottom of the forebay is approximately four (4) feet above the wetland and the wetland is one (1) foot higher than the groundwater. The creation of the depressed forebay outside the buffer zone to the bordering vegetated wetlands is intended to serve as an emergency overflow. The existing footprint of the proposed forebay location exists as a 10 foot wide stone trench abutted by cleared areas. All work will be done in an area that is already disturbed. Mr. Holmes said when the installation of the forebay is completed, the portion of the existing drainage pipe leading to the BVW will be abandoned and capped so that direct discharge of water into the BVW is eliminated. Only the section of pipe going into the forebay will remain. The forebay will act as an infiltration system to treat any water on site. Elizabeth said some hydrology will still enter the wetland on some level by infiltration. Mr. Holmes told the board the down gradient stone berm would prevent sediment from traveling toward the BVW during construction activities. A line of staked straw bales and/or silt sock will be used where necessary to provide additional protection measures during the construction. When the project is complete, the project area and off site bordering vegetated wetland will be inspected with the Conservation Agent to determine the extent of additional mitigation activities. If necessary, any accumulation of sediment will be removed from the BVW manually by using shovels and rakes. Elizabeth asked that the property boundary between Mr. Walsh's property and the town-owned land be added to the plan. Elizabeth asked what the original water table was prior to the pipe being installed. Mr. Maloon said he did not know. The Engineering Department has reviewed and approved the plan. Elizabeth said Mr. Alves does not want the project to be an "outfall" any longer, which will require monitoring in the future. Mr. Cauldwell asked if there were any plans to restore the altered portion of town-owned land; he said this is an important wetland system because of the near-by public wells. Mr. Holmes said at this time there is no restoration plan. Mr. Holmes said he will develop a plan if the board would like. He said as part of a restoration plan the gravel area can be restored by removing the gravel and loaming and seeding the area. The gravel can also be left in place in case of an overflow. 2 The existing catch basins along the drain will remain in place. Mr. Cauldwell asked that the contours and vegetation be restored on the town-owned portion of land. Mr. Boyden asked why it was necessary to install the pipe. Mr. Holmes said the site was historically used as a gravel pit and was significantly degraded prior to the applicant's ownership starting in 2004. A drainage system consisting of a series of perforated pipes was installed by the applicant to comply with a court order to improve the existing site conditions and eliminate pockets of standing water resulting from the gravel pit operations. The court ordered that the contours of the land be restored and a swale added to transport all water off the hill and all other sloping areas into the wetlands resulting in the bordering vegetated wetlands becoming siltated. A gravel trench and the pipe were put in to try to solve the problem. Mr. Boyden said the existing stone bed is on town property. Mr. Holmes said the RDA is for the forebay only. The removal of the stone bed or any other work in this area could be done under an RDA or NO! application with Mr. Walsh as the applicant. Mr. Cauldwell suggested the board accept the construction of the forebay and require as part of the RDA that a NO! be filed to restore the area on town property. He said the land within the 100 ft. buffer on Mr. Walsh's property should be restored as well. Elizabeth said this work can be handled under an Enforcement Order. Mr. Holmes said the applicant is not proposing any work within the resource areas so the work could be authorized through a separate RDA or an Enforcement Order. He said the Enforcement Order would be a better way to permit the work. Elizabeth said there is still the outstanding issue of the silt in the wetlands; the silt has to be removed. She said this can be part of the Enforcement Order. Mr. Boyden said the pipe needs to be looked at because it is under draining a tremendous area. Mr. Cauldwell would like to see the data on the groundwater so if there has to be an adjustment to the forebay the plan can be revised. Mr. Holmes said this could be a special condition to the Determination. He said the ground water determination will be easy to do when the equipment to install the forebay is on site. Mr. Cauldwell said any changes to the plan would have to be submitted to the Town Engineer for approval. Mr. Maloon will do the test holes to determine the groundwater levels. Mr. Cauldwell asked if there was a construction schedule. Mr. Holmes said not at this time because the work is not urgent. Elizabeth said the Enforcement Order should be issued before the work under the RDA starts. Mr. Holmes will let the board know when the work will start. Mr. Holmes said an Order of Condition through a NO! or an Enforcement Order is needed for work in resource areas only. The other work can be handled through a special condition in the RDA. Elizabeth said it would be easier to put all the activities under the Enforcement Order; the vegetated restoration plan and the removal of the silt from the bordering vegetated wetland. She said the work is too much to handle under an RDA. 3 Mr. Cauldwell would like a vegetation restoration plan submitted. Mr. Cauldwell made the motion to accept the Request for Determination of Applicability for Elm Street, Lot 80 and issue a Negative 3 Determination with the following conditions: erosion controls to be inspected by the agent prior to the start of work; determination of the groundwater when the equipment is on site and the information added to the file; project description to be attached to the Determination and considered Orders to the Determination; an Enforcement Order to be issued for removal of "stone bed" and silt from town-owned land/wetland. Plan "Conservation Plan of Land on Elm Street" prepared for Thomas Walsh and dated December 20, 2011. Ms. Matthew seconded the motion. Motion passed 5-0-0. 4. Request for Determination of Applicability: Mansfield Conservation Commission, Route 106, Map 33, Lot 11. The Request for Determination of Applicability was filed for the installation of a 48"x48" dedication sign. A picture of the sign and a GIS map of the location were submitted with the application. At the last meeting Lou Andrews of Natural Resource Trust of Mansfield asked if the Conservation Commission would work with NRT to get a dedication sign for the Leonard F. & Marydee Flynn Greenbelt Canoe River Acquirer. At the meeting, Mr. Andrews suggested the sign be put on the Marie Streese Conservation Property. Ms. White told the board that after talking further with Mr. Andrews, they decided it would be better to leave the Marie Streese sign in place - it is a nice sign - and find a more visible site for the dedication sign. The sign will be installed on the south side of Route 106, west of the Canoe River on Conservation Commission property. The sign will be installed on two hand dug posts within the 200 ft. Riverfront area of the Canoe River. Ms, Matthew made the motion to accept the RDA and issue a Negative 2 Determination [the work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge or alter that area. Therefore, said work does not require the filing of a Notice of Intent] for the Mansfield Conservation Commission sign which will be installed on two (2) hand-dug posts on the west side ofthe Canoe River. Mr. Boyden seconded the motion, Motion passed 5-0-0. Ms. White asked that the board vote to purchase the 48"x48" aluminum sign. She said the quoted cost for the sign is $332.63. Ms. Matthew made the motion to purchase and pay for the dedication sign. Mr. Boyden seconded the motion. Motion passed 5-0-0. 5. Abbreviated Resource Area Delineation: William Wolf, Gilbert Street, Subdivision Lot 4, Map 3, Parcel 410. DEP #211-0878 Drew Hatteberg of Option Realty told the board he represents the owners of the parcel. He said the owners would like to sell this portion of the property. The resource areas were delineated by Michele Grenier, PWS, 4 Elizabeth reviewed flags 3-11 with Ms. Grenier and three (3) additional flags were added, flags 7B-7D. Elizabeth said there are two flags each labeled 7 A; one should be 6A. She asked that the line be re- flagged with the correct numbers and a revised plan submitted. The board received the revised plan today. Elizabeth said the property is within a Natural Heritage Estimated Habitat as referenced on the NHESP MassGIS website Map 2010. Mr. Cauldwell said the applicant should be made aware the parcel is in a Natural Heritage Area. Ms. Grenier said the applicant is aware of this and is filing with Natural Heritage. Mr. Cauldwell made the motion to accept the ANRAD as presented on the plan dated December 7, 2011 and revised January 23, 2012 with the one exception that flag 7 A become 6A. A revised plan should be submitted showing the correct flag numbers with a notation that this parcel is within a Natural Heritage area. Plan "Lot 4, Gilbert Street, Mansfield, MA - ANRAD for William Wolf & Kathleen Pittman" - Revised February 20, 2012. Mr. Boyden seconded the motion. Motion passed 5-0-0. 6. Notice of Intent: Thomas Johnson (Reit Management & Research LLC) 44 Cabot Boulevard, Map 44, Parcel 321. DEP #211-0869 The Notice of Intent was filed for the initiation of an aquatic management program to control nuisance aquatic vegetation in a man-made pond. Maintenance practices will include a Hydro-raking project; aeration and prudent use of USEPAjMADAR register aquatic herbicides. The applicant has requested a continuance to the March meeting. Mr. Cauldwell made the motion to continue the hearing for DEP #211-0869 to March 19, 2012. Mr. Boyden seconded the motion. Motion passed 5-0-0. 7. Notice of Intent: William and Jane Maher, 16 Serena Allen Way, Map 39, Parcel 409. DEP #211-0875 Ralph Maloon of RIM Engineering Co., Inc. and Mrs. Maher, the homeowner, were present. The Notice of Intent was filed for the construction of a garage and an addition within the 100 ft. buffer of bordering vegetated wetlands, an ACEC, the Canoe River and within an Estimated Habitat of Rare Wildlife. Additional work not permitted was also added to the new Notice of Intent. Mr. Maloon told the board Mrs. Maher has agreed to move the shed outside the 25 foot buffer zone, approximately 35 feet away from the wetlands; remove the walkway that goes to the existing shed location; the proposed addition and deck will be moved outside the 25 foot buffer to wetlands; the concrete pad for the shed will be removed; the size of the addition has been reduced. Mr. Maloon told the board Mrs. Maher would prefer not to plant the arbovitaes along the stone wall. The board asked that sixteen (16) 4 - 5 foot arborvitaes be planted in front of the stonewall between the basketball court and wetlands. 5 The commission had asked that the square footage of impermeable within the 25 foot area be determined and that the amount of vegetative compensation at least equal that. They also asked that the following be noted on the plan: Changes requested by the Mansfield Conservation Commission - remove shed outside the 25 foot buffer zone, remove the walkway that goes to the existing shed location and plant a dense barrier along the wall to screen the wetlands from the basketball court, requested by the agent to make up for the area of concrete to be left in the 25 foot no touch area. Elizabeth said the arborvitaes are the mitigation for the work that occurred within the 25 ft. no touch area. The stone wall is work that occurred within the 25 ft. area so it is not a mitigation. The mitigation is vegetation to off-set the alteration within the 25 ft. no touch area. Mr. Cauldwell said the only thing the board asked for that the applicant does not want to comply with is the mitigation for the impervious on the concrete basketball court. Mr. Boyden reminded the board there was a similar situation that came before the board and the homeowner was required to remove a portion of the impervious material. Mr. Cauldwell said the board could require that the basketball court be removed. Mr. Mulkern said the board has made it very clear they are looking for some mitigation for the basketball court. Mrs. Maher asked if the proposed plantings have to go in front of the stone wall. Elizabeth said yes because the stone wall is also in the 25 ft. no touch area. Mr. Muikern said it is the basketball court the board is most concerned with. Instead of asking that it be removed the board is looking for some compensation through the plantings. Mr. Mulkern said the board is asking for approximately 600 square feet of remediation through the plantings. If Mrs. Maher agrees to the mitigation plan the board and Mrs. Maher can move forward. Mrs. Maher agreed to do the mitigation plan. Elizabeth would prefer to see the amount of the impervious versus the amount of vegetation and where it is being proposed to be planted as detail on the plan. The planting plan would need to be submitted for board approval. Elizabeth said the square footage of impermeable and the amount of compensation should at least be equal, 1 for 1 or better. Ms. Matthew said the requests of the board have been noted on the plan. She said Mrs. Maher has agreed to move the shed and the walkway and the addition and deck have been moved back from the wetland area, out of the 25 ft. area. The plan shows the proposed plantings between the basketball court and stone wall. Elizabeth asked about the proposed basketball backstop netting. Mr. Cauldwell said the backstop netting should be removed from the plans. The balls that go into the swamp are not the issue as much as the water flowing off the concrete court and the lawn into the wetlands. Mr. Maloon said he will change the application to say what the applicant will do instead of what is proposed. Elizabeth wanted to make it clear to Mrs. Maher that the Order of Conditions will not be issued until the planting pian has been submitted. Elizabeth asked what will happen if she does not get the 6 Jlanting plan within the 21 days she has to issue the Order of Conditions. Mr. Cauldwell said the board will make the issuance contingent upon the submittal of the plan that Mrs. Maher has agreed to. Mr. Mulkern asked if the board would require "Environmentally Sensitive Signs". Will three (3) signs be adequate? The board asked that three signs be placed along the stone wall on 50 ft. centers. These signs should be on permanent metal posts on 50 ft. centers. Mrs. Maher asked if these signs remain on the property. She was told they are permanent. Mr. Cauldwell made the motion to accept the plan as drawn for 16 Serena Allen Way with the following special conditions; the shed shall be removed outside the 25 ft. buffer as shown on the plan; the walkway that goes to the existing shed location will be removed; a barrier will be planted along the stone wall to screen the wetlands from the basketball court; three (3) signs - "Environmentally Sensitive Area - Do Not Disturb" - will be installed along the stone wall on 50 ft. centers, on permanent metal posts; the proposed backstop netting is to be removed from the plan; planting restoration plan shall include a detail of the area to be restored as well as a table of plants to be used; planting plan must have board approval; issuance of the Order of Conditions shall be contingent upon receiving the planting plan Plan "Proposed Addition for #16 Serena Allen Way in Mansfield, MA", dated January 13, 2012. Signed by Ralph I Maloon, RIM Engineering Co., Inc. Mr. Mulkern seconded the motion. Motion passed 3-2-0. 8. After-the-Fact Notice of Intent: Jeffery Watterson, 190 Mill Street, Map 43, Parcel 83. DEP # 211-0879 The After-the-Fact Notice of Intent was filed for the removal of structures within the buffer zone of bordering vegetated wetlands and within an ACEC, the Canoe River Paul Boyden recused himself. Michael Morris of Norwood Engineering Co., Inc. and Mr. and Mrs. Watterson, the homeowners, were present. Mr. Morris submitted the correct Notice of Intent with plans tonight. Because Mr. Morris submitted the original Notice of Intent by E-DEP, certain documents were not given to Conservation. The green cards were submitted tonight. Elizabeth said Section D documents were never received: USGS: Narrative, method of bordering vegetated wetland delineation and attach methodology to the NOl, list of title and dates of plans and other material submitted, a copy of the NOl wetland transmittal form; all paperwork has been submitted. The $50.00 by-law fee was paid but the portion of the state fee was never received. A check for the town's portion of the fee was submitted tonight. Under Section F, we normally get a very clear listing of the signatures of the applicant, property owner and the signature of the representative; everything has now been signed. Under Section E, we did not get a check number for the state check, the payer name on the check or dates of either; this information was submitted tonight. DEP comment was poor locus provided. Attorney Edward Valanzola asked it he could have a copy of all paperwork submitted tonight. He said it is public record. He was given an extra copy but Mr. Mulkern told him it would have to be returned 7 at the end of the hearing. Mrs. Watterson said residents requesting copies of public records are asked to pay for them. Mr. Morris told the board that Forrest Emory of Phoenix Environmental Group was going to attend tonight's meeting but had an accident this afternoon and is unable to attend. Because Mr. Emory was going to do most of the presentation, Mr. Morris said he would like to continue the hearing to the next meeting date. Mr. Watterson said he would like to continue the hearing until Mr. Emory can attend. Mr. Cauldwell made the motion to continue the 190 Mill Street hearing to February 13, 2012. Ms. Matthew seconded the motion. Motion passed 4-0-1. 9. Other Business Agent's Notes: Mansfield Airport and Bristol County Mosquito Controi: Mr. Burns of Bristol County Mosquito Control and Robert Walsh the Airport Manager were present. On a site visit to the restoration area for Mass Highway, Elizabeth noticed that vegetation along and within Back Bay Brook had been cut. Mr. Burns told the board he assumed that all the work had been approved, a plan was in place and a Vegetative Management Plan (VMP) was current. He said the work included mowing and cleaning out two (2) ditches. The work was to be completed by September 2011. Mr. Walsh said he replace David Dineen as Airport Manager September 1, 2011 and told the board he did not know what work had been approve prior to his becoming manager. He said the airport will do the restoration of the area. Mr. Burns said he has equipment and will help with the restoration. Elizabeth said the work can be done under a Notice of Intent or an Enforcement Order. She feels the area to be restored is too large for the work to be done under an Enforcement Order but said the board can issued the Order requiring a Notice of Intent be filed. She recommended the airport contact Karro Frost of New England Environmental, Inc. Ms. Frost wiii be monitoring the site for the next three (3) years as part of the restoration plan for the Mass Highway project. A planting plan will need to be submitted along with the Notice of Intent. Low growing and non-fruiting shrubs should be used so wildlife wiii not be attracted to the area and for airport safety. Mr. Walsh said there is a VMP but the YOPs are not current. He said the airport is consulting with engineers. Mr. Cauldwell asked if any of the restored areas were mowed. Elizabeth said no. Mr. Cauldwell said the VMP should come before the board for review because work wiii be done in the wetlands. The Enforcement Order wiii be sent to the Airport Commission. Elizabeth said the Airport Commission needs to hire a wetland consultant to do an assessment and propose a Notice of Intent for the restoration. Mr. Cauldwell told Mr. Walsh the consultant wiii know what needs to be done and what is appropriate for this site. The restoration plan wiii need to be approved by the board. 8 Mr. Cauldwell made the motion to issue an Enforcement Order to the Airport Commission with the requirement that a Notice of Intent be filed for the vegetation restoration of the Back Bay Brook; the Airport Commission is to hire a wetland consultant to do an assessment; restoration plan is to be reviewed by the board for approval. Ms White seconded the motion. Motion passed 5-0-0. Mr. Cauldwell told Mr. Walsh that he might want to consider doing a Vegetation Management Plan for the Airport. He said the railroad, National Grid and certain Mansfield departments come to Conservation with a VMP so when they are doing work in the resource areas, they already have pre- approval for their activities. It would be either a three (3) or five (5) year VMP plan with a Yearly Operating Plan. The plan would need board approval. The board was given a copy of the Mansfield Youth Baseball, Inc., also know as the Mansfield Little League, to review. Mr. Mulkern asked if Elizabeth had received the financial statements from the Mansfield Youth Baseball. He said they would have to submit their financial data as part of the contract. The board also needs the information on the well. Was it ever put in? Outreach: Mr. Cauldwell told the board he has contacted a Boy Scout Troop to do maintenance work on the trails. He said they will start on Saturday, January 28th in the Great Woods on the Green Trail. He said they plan to do all the trails before the end of this winter. Mr. Cauldwell said they would like to have permission to use a motorized vehicle to transport chainsaws and other equipment to the trails. He asked that a letter be done - To Whom It May Concern, The bearer of this letter is authorized by the Conservation Commission to use motorized vehicles on Conservation Land to facilitate trail maintenance. Mr. Cauldwell told the board a professional tree service will still have to be hired to remove some of the trees. Ms. Matthew made the motion to allow the scout troop to use motor vehicles to transport equipment to clear the trails and have a letter done authorizing motorized vehicles for transportation of equipment. Mr. Boyden seconded the motion. Motion passed 5-0-0. The scouts must notify the Conservation Commission every time they do any work. Mr. Mulkern suggested contacting the Department of Corrections for volunteers to do some of the trail work. Ms. White suggested the Girl Scouts be contacted about volunteering for the trail maintenance. Old Business: 7 Shea Circle - change of fence location: 9 The Request for Determination of Applicability was filed for the installation of a 20'x40' in-ground pool within the 100 ft. buffer of bordering vegetated wetlands and an ACEC. A Negative 3 Determination was issued at the October 17, 2011 meeting. A letter from Easton Pool and Spa asked that the board allow Mrs. Scibilia to modify the approved plan dated 10/3/2011 to move the rear fence approximately 25 feet from the previously approved location around the pool to the back property line. At the December meeting Elizabeth asked that the back property line be staked to determine where the fence will be installed. After a site inspection, Elizabeth said she has some concerns; there are wetlands on the property and additional land will have to be cleared for the fence. She said the existing lawn should not be extended to the fence. Elizabeth suggested that the board members take a look at the property. She took photos of the area because she is concerned about the additional clearing and what will happen in the future. She said more information is needed. Elizabeth said it is not the work outside the fence but the work inside the fence that is a concern. Is the board going to allow the clearing to the fence - No, if they want to clear up to the fence, they need to come back to the board. The fence will have to be outside the 50 ft. area and no work should be allowed beyond the fence. The board asked that Mrs. Scibilia come to the next meeting. The board needs more information as to exactly what will be done. The board asked for a larger plan of the area in question. Ms. Matthew said there is a certified vernal pool on the property and she said the Order of Conditions for Autumn Park Estates does not allow further development within 50 ft. of any bordering vegetated wetlands. She asked that the file for Autumn Park be pulled and the Order of Conditions be reviewed. Mr. Boyden made the motion to allow Elizabeth to do what needs to be done at 7 Shea Circle. Ms. Matthew seconded the motion. Motion passed 5-0-0. Mr. Cauldwell made the motion to accept the December 19, 2011 as written. Ms. Matthew seconded the motion. Motion passed 5-0-0. Draft Regulation Amendment to #6 of the Rules and Regulations Habitat Evaluation for Rare Species - New Construction Rare Species - New Construction A written letter from NHESP concerning rare species habitat only meets the requirement of the MWPA CMR 10.60. Section 2.6 of the Mansfield Wetland By-law requires a 100 ft. no work zone around any certified vernal pool and any wetland identified by the state as the habitat site of a state-listed species unless NHESP performs a site visit and determines that the land is not a significant habitat area, in which case the Commission may use its discretion to allow, condition or disallow work in the 100 ft. buffer zone. Due to the unforeseen monetary and personnel cut backs in the state at NHESP, it may be difficult for the agency to come and perform a site visit. Therefore, the Commission may, at its discretion, allow a wildlife study to be substituted. The Commission shall make available the Wildlife Habitat Evaluation form to be used. The individual shall meet the qualifications set out in 10 Section 10.60 (1) (b) of the Wetland Protection Act and shall be chosen and hired by the Commission and paid for by the Applicant. Ideally, the study should be performed during the growing season (i.e. generally mid-April through October) as features such as emergent wetland plants or nesting sites cannot be verified. Applicants must use common sense in determining when to conduct the evaluation. For example, if the snow is too deep to see the ground or if certain features cannot be observed then the evaluation should be delayed until habitatfeatures can be observed. Mr. Cauldwell made the motion to adopt the Draft Regulation Amendment to #6 of the Rules and Regulations - Habitat Evaluation for Rare Species - New Construction. Ms. White seconded the motion. Motion passed 5-0-0. 10. Adjournment Mr. Cauldwell made the motion to adjourn. Motion passed 5-0-0. NEXT MEEITNG WILL BE FEBRUARY 13, 2012. f'c/~ Cd,,>-iA,L/ Joseph Mulkern, Chairman (jJc) 11