HomeMy WebLinkAboutCONSERVATION 04232012
Conservation
Minutes
Aprii 23, 2012
Present: Joseph Mulkern, Chairman; Colin Cauldwell, Vice Chairman; Michele White; Paul Boyden; Jack Smith;
Carole Matthew; Michaei Healey; Elizabeth Leidhold, Conservation and Environmental Planner.
6:50 pm: Discussion with Scott Goddard, Goddard Consulting, concerning Lot 4, Giibert Street.
Mr. Goddard wanted to discuss with the board the status of the appeal on the Giibert Street Lot 4 project. The
site was given a DEP file #211-0878 and the Conservation Commission issued an ORAD on February 22, 2012.
Mr. Goddard said he is representing the owner of the property, Mr. Wolfe, and has appealed the decision of
February 22, 2012 prior to March 7, 2012. Mr. Goddard said the appeal was actually fiied on March 4, 2012.
Mr. Goddard said two weeks ago he walked the site with Elizabeth and Gary Makuch from DEP, Southeastern
Regional Office. The potential buyer was also present.
Scott Goddard: "It was an interesting circumstance that led to the appeal because the site plan that was
submitted (he held up the plan and pointed out the green line was the wetland boundary established by Michele
Grenier) when it was originally submitted under the ANRAD that was fiied.
Scott Goddard said the bump out on the plan (the area in orange) was a modification done by the Commission
during the ORAD process. He said he was retained by the owner of the property to give another opinion to
consider if the proposed changes from the Commission were reasonable. He said he performed a new
delineation on the project (the blue line on the plan).
Scott Goddard: "So that Is what was presented in the appeal to Mr. Makuch. So because the Conservation
Commission wasn't given the opportunity to review the modified delineation prior to the appeal being fiied, Gary
Makuch asked me to speak to the Commission to see if the Commission would like to proceed in a way that we
could keep the review at the local level and contemplate an amendment to the ORAD to review the delineation
or if we would like the department to proceed with the appeal and process it as they would normally do at the
state level and have that basically dictate under the superseding ORAD".
Mr. Goddard said there is a site walk scheduled for May 2nd. He said, after talking with DEP today, the site walk
has been tentatively moved to May 8th at 10:30 am. The purpose of that would be to have Mr. Makuch as well
as his soii scientist on the site to consider the delineation and where that may fall. Mr. Goddard said the owner
and the applicant want to be agreeable and work with the town and he does not want this to be a contentious
process. If the Commission has an interest in reviewing this new information locally, he would be willing to file
an amendment request for the ORAD and put a "stay" on the appeal. He said they wouldn't withdraw the
appeal; it would be "stayed" so it could be reactivated if an agreement can't be reached at the local level. If a
new ORAD is issued, (an amendment) he would at that point withdraw the superseding request under the
appeal.
Mr. Mulkern told Mr. Goddard the appeal is already with DEP so the board cannot make a comment on this
project untii it comes back from DEP.
Mr. Goddard said he does not think that is true. Elizabeth told Mr. Goddard the Commission has been advised
not to make any comments about the appeal untii it comes back from DEP; untii that time, the board is not to
comment or deliberate. When it comes back from DEP, then the Commission, at that point, can comment and
deliberate.
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Mr. Goddard said the way it would come back to the board is if he files an amendment request. Then it would
be before the board as a formai amendment request but if the Commission is not even wiliing to entertain an
amendment then why go through this?
Mr. Muikern told Mr. Goddard the board cannot comment on this until it comes back to the board, after DEP has
made their decision.
Mr. Goddard said he spoke with Gary Makuch today who asked that Mr. Goddard bring this to the Commission
to see if they would like to contemplate an amendment to the ORAD. "This is something that we are doing in
deference to the town; we are not required to do this, we are trying to be agreeable with the Commission and
give the Commission an opportunity to review. If the Commission is not interested in that, we are more than
happy to keep it at the state level. We are here to bring it to you, to give you the opportunity to have more
input at the local level".
Mr. Mulkern said the board will not comment on this tonight.
Mr. Goddard: "Very good! You know I don't know what to do with that information because DEP had
requested that we get some sense from the Commission if they are interested".
Ms. Matthew: "We would like to know what DEP is doing".
Scott Goddard: "It is very clear what they are doing. They issued a letter, came in the mail today, in fact
yesterday, stating they are scheduling a site walk to review the delineation. So what they are doing is very
clear and they would be happy to entertain a "stay" to their process for the opportunity for the Commission to
give input. otherwise, if that is not going to go anywhere, if the Commission does not have any interest in
having that, then ail things being equal, I would just as soon keep it at the state level but I wanted to bring it to
you, to give you the chance".
Mr. Mulkern: "Thank you".
Mr. Goddard: "Thank you".
1. Notice ofIntent: Don Benson, 43 High Street, Map 21, Parcel 139. DEP #211-0882.
The Notice of Intent was filed for the construction of a driveway within the 100 ft. buffer of bordering vegetated
wetlands and the 100 ft. Riparian zone of the Rumford River and a second driveway within the 200 ft. Riparian
zone of the Rumford River.
John Cotter of Russeil Wheatley Co. was present.
At the March meeting, Mr. Cotter told the board the plan was to have one entrance into the property with a
smail parking area but this seemed to impact the 100 ft. riparian zone more than was acceptable. Because of
the way the building sits on the property, it made more sense to have separate driveways on either side of the
building. A new plan was submitted tonight with driveway options A and B. Mr. Cotter said the driveways will
be gravel with a four foot area of pavers at the edge of the roadway.
Because the roadway lies within the 100 year flood zone (Flood Zone A), Mr. Cotter was asked to check the
elevations. He said the most recent flood maps show the 100 year flood elevation in this area to be 156. Mr.
Cotter said this is almost to the road so it does stay within the banks of the river itself. It would be very close
to the top of the river in the 100 year flood but it would not actuaily over top the bank of the river. The flood
elevation on the plan is shown as 157 and does impact the front of the lot along the road and a smail area in
the back of the lot. He said the building is completely out of the flood zone.
The board asked that the driveway on the left be moved as far as possible away from the river and the wetland
line. Mr. Cotter said he did a reverse curve to get the driveway closer to the house and tucked in a little closer
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to the utility pole. The driveway on the right will remain the same. Both driveways will be 10 feet wide and 43
feet iong.
Mr. Cotter was asked to submit a mitigation plan to compensate for the additional impermeable surfaces in the
riparian zone. He told the board he taiked with Brooke Monroe of Pinebrook Consulting about what would be
appropriate for this area. She recommended Red Choke Berry. He said the applicant is willing to do whatever
the board feels is appropriate for this area inciuding additional plantings if required. The new plan shows a line
of shrubs along the property line.
Elizabeth said Mr. Cotter has done everything the board has asked. He has shown two driveway alternatives for
either side of the utility pole, has pulled the driveway cioser to the house and made the driveway
stone/permeable.
Elizabeth said if Option A is approved, some trees will be removed. The board might want to request one or two
trees be planted along with the line of shrubs.
Mr. Cauldwell asked that three or four trees be replanted. He agreed with Mr. Cotter that Option B with the
shorter driveway would be a safety issue so Option A is the better plan.
Mr. Cauldwell made the motion to accept Option A, plan revised April 23, 2012, with the additional requirement
that along with the proposed shrubs, three four-inch caliber trees be located on the plan and planted as
mitigation for the driveway within the riparian zone. Silt fence is to be inspected by the agent prior to the start
of work. Plan "Pian of Land in Mansfield, MASS. Owned by JAB Construction LLC, dated April 23, 2012, Russell
A. Wheatley Co., Inc. and signed by Russell Allan Wheatley, P.L.S.
Mr. Smith seconded the motion.
Motion passed 6-0-0.
Mr. Mulkern asked that RIM Engineering be reminded to put elevations on all plans submitted.
2. Notice of Intent: Jon Cowell, 19 Mary Dee Lane, Map 39, Parcel 97. DEP #211-0884
The Notice of Intent was filed for the installation of an in-ground pool, patio, and fence and pool mechanics
area with related grading within the 100 ft. buffer zone and within an ACEC. A portion of a deck and an
addition constructed in 2010 without permits have been inciuded in this Notice of Intent.
Dave Hobiaca of Easton Pool and Spa and Jon Cowell and Jennifer LeBlanc, the homeowners, were presents.
Ralph Maloon, RIM Engineering had requested a continuance to the April meeting. He had filed with NHESP but
had not received a response and a DEP number had not been issued at that time. A letter from NHESP, dated
April 18, 2012 (NHESP File No. 12-30799) was received stating the project would not adversely affect the actual
Resource Area Habitat of state-protected rare wildlife species under the Wetland Protection Act (WPA) and
further, based on a review from Massachusetts Endangered Species Act (MESA) will not result in a prohibited
"take" of state-listed rare species.
A revise plan dated March 19, 2012 was submitted. The 18'x36' in-ground pooi will be behind the house within
the 100 foot buffer but outside the 2S foot no touch.
Elizabeth said there were some initial issues with the location of some of the wetland flags; this has been
corrected.
When Elizabeth and Ms. White visited the site, they notice an additional area that appeared to be wet, most
likely caused by road drainage. It did not go to the bordering vegetated wetland in the back and did not appear
to meet the criteria of the definition of a wetland. Because the pool mechanics are to be located near this area,
which has a substantial drop to the wetlands below, Elizabeth suggested that the pool mechanics be moved to
the other corner of the property.
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Because the pool will be located close to the 25 foot no touch area, Elizabeth recommended that permanent
signage be placed at the 25 foot line.
Mr. Mulkern asked what kind of filtration system would be used. Mr. Hoblaca said it would be a cartridge
filtration system and said Frog-logs would be installed in the pool.
Mr. Cauldwell said the work will be done on existing lawn and no tree removal is proposed.
Mr. Cauldwell made the motion to accept the plan as drawn, dated March 13, 2012, for the proposed in-ground
pool at 19 Mary Dee Lane with the following special conditions: the pool mechanical area is to be moved as per
the request of the agent from the current location, which appears to be near a steep slope to the wetlands
below; a cartridge filtration system is to be used; Frog-logs are to be installed when the pool is completed;
three (3) permanent signs, "Environmentally Sensitive Area - Do Not Disturb" are to be installed on 50 foot
centers on metal posts at the 2S foot line; siltation controls, double-staked hay bales and silt fence, are to be
inspected by the agent prior to the start of work. Plan" Proposed Pool Addition at 19 Mary Dee Lane" revised
March 13, 2012, RIM Engineering Co., Inc., signed and stamped by Craig E. Cygawnoski, P.L.S.
Ms. Matthew seconded the motion.
Motion passed 6-0-0.
I 3.. RequestJorbeterminatioll. of Applicability: Nick .DeMassi,Ware ..Street,Map .32,ParceI210.
The Request for Determination of Applicability (RDA) was filed for the repair of an existing footbridge and the
marking of trails in the York Conservation Area off Ware Street. Nick DeMassi will be doing the work as an
Eagle Scout project.
Elizabeth said Nick is not proposing any work on the bridge footings because they are in good shape. He is
simply replacing the loose floor boards on the bridge and adding a safer handrail.
Elizabeth asked Nick how the materials for the project would be transported to the site. Nick said most of the
materials will be transported to the site by hand but asked if it would be possible to drive part way into the
area. Mr. Cauldwell said it is private property and he would have to have permission from NRT to use
motorized vehicles. Lou Andrews, President of NRT said there are not a lot of materials for the project and told
Nick he could drive half way in on the trails and then carry the materials to the site by hand.
Ms. White said she has been out to the site and the project will be a benefit to the area.
Elizabeth asked that Nick call her before he starts the work.
Mr. Cauldwell made the motion to accept the plan for the Ware Street Eagle Scout project for the repair of an
existing bridge and trail marking and issue a Negative 3 Determination.
Mr. Boyden seconded the motion.
Motion passed 6-0-0.
IA.RequesffofDeterrninCltionofApplicability: George Costa, 98WiHiarns Street,Map6, Parcel.76.
The Request for Determination of Applicability (RDA) was filed for a septic upgrade within the 100 foot buffer of
bordering vegetated wetlands and a stream. The closest point to the wetlands is 53 feet to wetland flag IS.
John Chartier of RIM Engineering, Inc. was present.
Mr. Chartier told the board an alternate design is shown on the plan putting the system to the left of the house.
He said if the system were to be located here it would incur a considerable amount of grading and tree loss as
well as moving the system closer to the resource areas. Because of this the system was redesigned and will be
located in the front or northerly portion of the site. Another test hole (#3) will have to be witnessed by Scott
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Leite, BOH Agent. The alternate design will have to be used if test hole #3 does not percolate or does not have
the same material that was found in test holes #1 and #2.
Mr. Chartier told the board the existing 1000 gallon septic tank will remain in place but an additional 1000
gallon pump chamber will be added. There will be a 15'x30' leaching field with three (3) pipes. The pipes will
be five foot on center, two and a half feet off the edges.
Siltation control will be at the rear to the southerly side of the house.
Mr. Chartier said he is asking that the board approve the wetland line delineation and approve the location of
the system. Elizabeth said the RDA was filed for the repair of the septic system only, not to verify the wetland
delineation. She said the USGIS shows the area as Riverfront with a perennial stream designation. She said if
it is a failed system it is in everyone's best interest to allow the project. She said the system is on existing lawn
and is to be located as far away as possible from the brook. If the alternate design is used, the board should
be notified before any work begins.
Mr. Boyden asked how many bedrooms the system is designed for. Mr. Chartier said the system is designed for
three bedrooms and is noted on the plan. He said the system would have to be redesigned for any additional
bedrooms.
Mr. Healey said the plan should show the electrical trench to the pump. Mr. Chartier said this would be shown
on the as built.
Mr. Boyden made the motion to accept the plan for 98 Williams Street for the septic upgrade, plan dated March
1, 2012, and to issue a Negative 3 Determination with the following conditions: the delineation of the wetland
and the stream are not approved under this permit; no expansion of the existing system is allowed under this
permit; an as built is to be sent to the Conservation Commission and the Board of Heaith; erosion controls are
to be inspected by the agent prior to the start of work. Additional erosion controls will be added if necessary.
Plan "Sewage Disposal Plan Upgrade for Lot 2 #98 Williams Street" dated March 1, 2012
Mr. Cauldwell seconded the motion.
Motion passed 7-0-0.
5. Request for Determination of Applicability: Richard Jablonski, 259 Otis Street, Map 3, Parcel 227.
The Request for Determination of Applicability (RDA) was filed for the addition of a 12'x18' deck to an existing
24 foot above-ground pool. The proposed deck will be approximately 24 feet from the fence on the right side
of the property which borders the Sweets Conservation Area.
Elizabeth said the pool was approved in an RDA last July. The proposed work is within an Estimated Habitat
and Priority Habitat for state-listed rare species.
Ms. Matthew noted this project is in compliance with Section 2.5 of the Mansfield Wetland Protection By-law
concerning work on existing lawn.
Mr. Mulkern suggested signage, "Environmentally Sensitive Area - Do Not Disturb", be placed in the back far
right-hand corner of the property.
Elizabeth asked if the deck footings would be dug by hand. Mr. Jablonski said the footings will be hand dug and
pressure-treated lumber will be used for the deck. Elizabeth said there is no need for siltation controls.
Mr. Cauldwell made the motion to accept the plan as drawn and issue a Negative 3 Determination for the
proposed deck at 259 Otis Street with the stipulation that any gravel removed during the installation of the
footings be disposed of properly in an upland area or off-site; one permanent sign, "Environmentally Sensitive
Area - Do Not Disturb" is to be place at the gate opening in the right/northeast rear corner; no erosion controls
are necessary. Plan "Plan of Proposed Pool Deck" received April 5, 2012.
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Mr. Boyden seconded the motion.
Motion passed 7-0-0.
6. Request for Determination of Applicability: Chris Cox, Mansfield Electric Department, otis Street, Map 3,
Parcel 44.
The Request for Determination of Applicability (RDA) was field by Chris Cox of the Mansfield Municipal Electric
Department for the installation of a concrete encased duct bank to the riser pole on the side of the paved
access road to the ball fields on Otis Street within the 100 ft. buffer of bordering vegetated wetlands. The
access road is next to Sweets Pond. The site is also located within an Estimated Habitat and Priority Habitat for
state-listed species.
Mr. Cox told the board he received an e-mail from Amy Coman, Endangered Species Review Assistant, NHESP
MA Division of Fisheries & Wildlife on April 13, 2012. Ms. Coman said as long as the work is within 10 feet from
the edge of the paved road, the project qualifies under Massachusetts Endangered Species Act (MESA)
exemption #10 and does not required a review for compliance with MESA. 321 CMR 10.14 (10) "installation,
repair, replacement and maintenance of utility lines (gas, water, sewer, phone, electrical) for which all
associated work is within ten feet from the edge of existing paved roads, and the repair and maintenance of
overhead utility lines (phone, electrical) for will all associated work is within ten feet from the edge of existing
unpaved roads, provided, subject to the Division-approved operation and maintenance plan required
thereunder;"
Mr. Cauldwell made the motion to accept the plan as drawn 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]. Plan "Proposed
Conduit Project - otis Street Ball Field Access Road", dated April S, 2012
Mr. Smith seconded the motion.
Motion passed 7-0-0.
17. RequestforDeterminationofAPPUCi'lbility: ChrisCoX,Sch()ol. Street.
The Request for Determination of Applicability was filed by Chris Cox of the Mansfield Municipal Electric
Department for the installation of concrete encased conduit and one manhole in the existing right-of-way within
the 100 ft. buffer of bordering vegetated wetlands.
The work will be in the public way between Old Elm Street and Old Elm Street.
Mr. Cox said this is a continuation of an on-going project that stopped at Old Elm Street.
Elizabeth said they will be going over three culverts and installing a manhole near the wetlands. All work will
take place within the existing roadway.
Mr. Boyden made the motion to accept the plan as drawn and issue a Negative 3 Determination for the work on
School Street. The agent is to be contacted prior to the start of work to inspect the erosion controls. Plan
"Proposed Conduit Project School Street" Sheets 1-3 of 3 dated AprilS, 2012.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
Bird Road Sub-station project: Mr. Cox told the board they had to lower the discharge/outflow pipe in the
southwest portion of the substation wall because the pipe needs to be one foot deeper than expected. There
will be some minor grading in this area but there will be no increase in the volume or length of the pipe.
Elizabeth said Richard Alves, Town Engineer, has looked at the site and he does not have a problem with this
work. Mr. Cox told the board it is an insignificant field modification.
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8. Notice of Intent: Mansfield Crossing, 280 School Street, Map 12, Parcel 14, 17 & 18.
The Notice of Intent (NO!) was filed for the addition of an unpaved walkway and two wooden footbridges within
the 100 foot buffer of bordering vegetated wetlands.
Lou Masiello of WjS Development Associates, LLC was present. Ellen Fleisner, Public Relations and Community
Organization and Mike McKenna, Property Management were also present.
The proposal is centered on the pond in the middle of the Mansfield Crossing Shopping Center. Mr. Masiello
said when the shopping center mall was being planned, the layout was very deliberate and carefully planned to
retain the pond as a visual amenity and a center piece of the shopping center.
Along the northern perimeter, pedestrian sidewalks were installed with several public seating and overlook
areas. The sidewalk begins by the Saki Restaurant with an overlook at this restaurant and one each at the
Bertucci's and Qdoba Restaurants. Mr. Masiello told the board people quite frequently walk in the shopping
center, primarily in the morning.
Mr. Masiello said since the mall opened, WjS Development has consistently received feedback from visitors to
the shopping center who have said they would like the opportunity to walk, hike or simply enjoy the natural
setting of the entire perimeter of the pond.
The current proposal is to grade in a natural, pervious, walking path around the entire pond. The path would
be surfaced with stone dust rather than impervious surfacing such as concrete or asphalt paving. The walkway
will be approximately five feet wide and will be available to the public during clement weather.
In two places the path will traverse existing water channels using uncovered, four foot wide wooden footbridges
with railings. The bridge to the south would sit on top of the concrete outlet structure where water leaves the
pond. The other would bridge a drainage channel that is parallel to the pond. This drainage channel takes
water from School Street and north of School Street, behind TGI Friday's and the bank and then under the
roadway by the pond and discharges into the wetlands that are south of the pond. It is not a perennial stream;
it is a drainage channel but does contain wetland vegetation.
Elizabeth said the Notice of Intent does not show the resource areas that pre-dated the construction of the
shopping center and she asked Mr. Masiello to submit additional plans showing these previously designated
resource areas. Revised plans were submitted tonight.
Mr. Masiello said WjS Development has done a similar walkway at a shopping center in Hingham, MA. This
walkway is surfaced with stone dust so it retains its pervious characteristics. The Mansfield Crossing project can
be done with a very non-invasive construction process; it basically can be done without heavy equipment and
no heavy excavation or paving.
Mr. Masiello said it is a very creative way to bring the public some sense of the wetland functions and values.
He said they would like to get walking clubs and the local school departments involved, engaging some
participation by students. The plan is place ecological oriented signage with information as to what types of
birds you might see, the plants you are looking at and a description of the wetlands along the pathway.
Mr. Masiello said WjS Development has had conversations with LL Bean about programs to use the bank of the
pond; occasional camping events with families, especially children with disabilities that might not be able to
experience a full camping experience. It would provide a camping event on the bank of the pond with a
wooded area near by but in a controlled and safe environment with their families or chaperones.
Mr. Masiello said this is not commercial space, there would be no selling here, there is no revenue in it and no
structures would be installed in this area. He said no rent will be paid and no sponsorship with corporations
would be involved.
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Mr. Masiello said from a regulatory perspective under the Wetland Protection Act, the pathway, because they
will use pervious material, would fall under the Wetland Protection Act. It is work within a buffer zone but
would strictly fall under an exempt as a paved pedestrian walkway under CMR 310 10.02 "Unpaved Pedestrian
Walkways".
Mr. Masiello said the two wooden footbridges could be approved as "limited" projects under CMR 310 10.53 (3)
(j). He said most all of this project is within the 25 foot zone and if the board does see this as a fitting addition
to the center, he believes it is in the board's authority to approve it under Section 2.5 of the by-law which gives
the board the right, not the obligation to approve the "maintenance and construction of trails" and "resource
improvement projects such as the creation of parks" on a limited case by case basis.
Mr. Masiello told the board the Town Engineer has raised questions concerning the drainage and wants to be
assured that the project will not exacerbate run-off to the pond or discharge from the pond. Mr. Masiello said
Woodard & Curran did the original drainage analysis for the shopping center and has reviewed and determined
that the pond walkway would not adversely impact the pond or the surrounding resource areas; the run-off to
the pond or the flow from the pond will not increase.
Mr. Mulkern asked if the pier for LL Bean that was approved in the original application would be done when the
pathway was done. Mr. Masiello said WjS Development will do the work permitted in the original filing for the
pond. He said they want to complete all the work by this spring.
Because the pathway will not be concrete or asphalt, Mr. Masiello said it is more useable in clement weather.
Mr. Mulkern asked how much material will be taken out when the area for the pathway is re-graded. Mr.
Masiello said there is not a lot of re-grading because the embankment is relatively flat. Basically they will be
taking off a layer of soil requiring about six inches of vertical excavation to place the stone dust. Mr. Masiello
said the pathway will be five feet wide. He said they will excavate only what can be accomplished in a day and
place the stone dust, leaving a stabilized site everyday.
Mr. Mulkern asked Mr. Masiello what will be done with the removed material and if the area is stable enough to
hold a truck to transport the material, Mr. Masiello said there is an existing gravel road that belonged to the old
farm house that was on the site behind Bertucci's Restaurant. The road goes all the way to the pond and this is
the area where the vehicles will access the pond.
Elizabeth said there were no comments from DEP.
Elizabeth asked that Mr. Masiello put more detail of the wetland crossings on the plan.
She told Mr. Masiello state regulations and the Mansfield Wetland Protection By-law requires a wetland
restoration plan for any wetland alteration.
She said she does not like the proposed use of gray stone for the pathway because it is dusty and tends to
migrate when wet. Mr. Masiello said they originally were going to use grass for the pathway but the foot traffic
would make the pathway more susceptible to erosion. He said block pavers or fieldstone would involve a more
intense excavation. Elizabeth asked if a barrier could be put in place to prevent the gray stone from migrating
into the pond.
Mr. Masiello asked about the wetland restoration plan. He said he will come back with ideas for the restoration
if the board requires this but said the impact to the bank and wetlands is very de minimis. He said they will not
actually be disturbing the bordering vegetated wetlands and the restoration might have more of an impact to
this area than the impact they are trying to off-set. He said the restoration of the bank would be creating a
bank with a channel adjacent to the existing channels. Mr. Smith said when excavating for the pathway, they
should create a berm with the excavated material. Mr. Masiello said he has not experienced any problems with
the stone dust in Hingham. He said it could possibly be an installation problem.
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Mr. Cauldwell said there is approximately 11,000 square feet of vegetation being removed for the pathway. He
said this is a significant amount of vegetation taken away from a habitat area for wildlife. There should be
some consideration made to enhance the plantings, especially habitat friendly vegetation. He said there is a lot
of bird life, especially in the area of Bertucci's. He said the removal of 11,000 square feet of vegetation will
detract from the habitat availabiiity for the bird species to survive. In the proposal there should be some
consideration for more intensive plantings like shrubbery material or fruit- bearing trees. Mr. Cauldwell also
asked if a small bordering vegetated wetland addition could be put along the drainage channel between the
parking lot and the proposed pathway. He also suggested some bank restoration in this area.
Mr. Boyden asked the length of the pathway around the pond. Mr. Masiello said it will be approximately 2,200
square feet. Mr. Boyden said there should be some disposal areas around the pond for trash and a
maintenance plan should be submitted to keep the area clean.
Mr. Cauldwell said the board needs to have the construction details of the footbridge, especially the materials to
be used. He said there is pressure-treated timber that is very ecologically responsible. He would like the
bridges designed using these products. He said these materials have the same weight-bearing capacity of
regular pressure-treated lumber but are much more benign chemically.
Mr. Healey said this could be a beneficial project for the residents of Mansfield. He questioned the use of stone
dust for the pathway. He said they might want to look at other ways to surface the walkway; he suggested
washed gravel.
Mr. Smith said it is a good project but he would like to see more detail about the construction method, what
equipment will be used and where the extra excavated material will go.
Mr. Boyden said it was an excellent project but agreed the board needs more detail about how the project will
be done.
Mr. Cauldwell said the board needs enhancement details of the plantings proposed and a plan for the bordering
vegetated wetlands replication on the drainage channel to compensate for some of the bank ioss. He said he
would like a materials list for the bridges in terms of ecologically friendly pressure-treated material.
Ms. Matthew asked if there was a state regulation as far as the same property and same owner doing multiple
"limited" projects. Mr. Masiello said when the project originally came before the board there were three
"limited" projects for utilities and the roadway. He said most of this is buffer zone work. The bank work is only
in the two places where the footbridges actually cross the channel and is not a physical excavation of the bank
but a bridge above the bank. The excavation is not changing the real characteristics of the bank in these areas.
Elizabeth said she would check to see if there is a limit to the number of "limited" projects for one property and
owner.
Elizabeth said the board needs more detail regarding the bridges. She would like to see where the bordering
vegetated wetland impact is and how and where the replication for this area will be done. She asked if the
board feels this is a feasible project.
Ms. White said a full trail around the pond would be a wonderful addition to the shopping center. She said she
was pleased that W/S Development plans to add informational kiosk areas about the resource areas and the
history of the shopping center. She said more detail is needed for the bridges.
Mr. Mulkern said the pathway would have to be compacted to allow for wheelchairs and strollers.
Mr. Maseillo said they would look at other materials for the pathway, either stone dust or something natural
because they do not want to use asphalt or concrete. Because the stone dust could erode, they would need to
make sure the surface does not migrate into the pond. Mr. Smith said they could put a berm on both sides of
the pathway using excavated material.
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Mr. Maseillo asked if the board wanted him to focus on the enhancement and replication of the altered areas.
He said the replication should be as close in proximity as the impact. He said this would require a professional
consulting selVice be hired because he does not want to design something that is not acceptable to the board.
Elizabeth said she wants to look at the original pian. She wants to be sure they are not duplicating what should
already be a wetland restoration area with another restoration area. They only need to add to the original
wetland area.
Mr. Caldwell said when Ann McMenemy requested a Certificate of Compliance (COC) for the project, the board
issued a partial COC only because there were issues with the salinity of the pond. The last time the tests were
done, the results came back with the levels trending towards unacceptable.
Mr. Cauldwell made the motion to continue the hearing for the walking path for Mansfield Crossing to May 21,
2012.
Mr. Boyden seconded the motion.
Motion passed 7-0-0.
I 9. Request for Determination of Applicability: Hockomock Area YMCA, Essex Street, Map 37, Parcel 272.
The Request for Determination of Applicability was filed for the expansion of an existing parking lot and the
removal of boulders. Land will be rototilled, a water connection installed at the street and new fencing placed
around the 120 ft. x 400 ft. (48,000 square feet) garden plot.
Caitlin Hunley from the Hockomock Area YMCA and Selectman Oliver Kozlowski were present.
Ms. Hunley told the board the plan shows the 100'x400' area for the garden, the proposed parking area, the
wetland line delineation. The expansion of the parking area and the fenced area will be outside the SO foot
buffer. Elizabeth said the closest point from the wetlands to the parking area is 67 feet.
Mr. Cauldwell said the drainage issues and grade of the parking area have been worked out with Richard Alves,
the Town Engineer. The parking area will be surfaced with the same material as the existing parking area
except the stones will be moved further out towards the road. He told the board the garden has been tilled.
Ms. White asked how the garden would operate. It was mentioned at the last meeting that there would be
storage units on site to keep for equipment and tools so people could readily use them. The storage units
would be lock; how would the members access the units? Ms. Hunley said the coordinator will be on site during
the hours of operation mentioned in the contract. She said this year they will be looking at different types of
units. Ms. Hunley said the garden would be opened every day.
Ms. White asked about the people who rent a plot to use on their own because they do not want to be part of
the CSA model. What kind of agreement would the Hockomock Y have with the people who want to lease a
piot of their own? Ms. Hunley said the prices have not been set for these plots this year. She said last year the
plots were 20'x20' and were leased for $7S.00. This year there will be 10'x20' plots in addition to the 20'x20'
plots. She believes the smaller plots will lease for $75.00 and the larger plots will be $100.00. This will cover
the cost of the water.
Ms. White asked where the peopie can get all the information concerning the community garden; will it be
through the Hockomock Y or will the town provide this information? Ms. Hunley said the information will be
available through the Y and the town. Mr. Cauldwell suggested the information also should be available at the
library and on the town's web site. Ms. Hunley said when all the information is available it will be put on the
cable and press releases will be given to the local papers. Ms. Hunley said the volunteers are working on a
guide line/hand book. She said the board can contribute information to the guide book.
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Ms. Hunley said there is a meeting scheduled for next Monday, April 30th so people can learn about the project.
A second information meeting will be held so people can register to become a member. The meetings will be
posted in the town hall.
Ms. White said this is an excellent project. She said there is a large interest in the community for it. She asked
Ms. Hunley about Item #4 Use of the Premises (L) of the contract - the Licensee agrees that aerial spraying
shall not apply any Insecticide, pesticide, herbicide, fungicide or other material, except aerial seeding of winter
cover crops (seed only). She asked what aerial seeding of winter crops means. Because the gardens are
immediately adjacent to a wetland area and because this is conservation land, Ms. White suggested the board
might want to consider putting "Environmentally Sensitive Area - Do Not Disturb" signs around the property.
Mr. Cauldwell suggested (L) be taken out of the contract. Ms. Hunley said the information concerning the
resource areas can be included in the handbook members receive. She said the members are required to sign a
document stating they know the rules and regulations and will organically farm the plots. By adding the
resource area information to the guide book, when the members sign, they will be acknowledging they
understand what can and cannot be done in or around the resource areas. The contract will need to be
reviewed by the board and then sent to Town Council for review.
Mr. Cauldwell made the motion to accept the RDA for the Community Gardens on Essex Street and issue a
Negative 3 Determination with permanent signage, "Environmentally Sensitive Area - Do Not Disturb" to be
placed on 50 foot centers on metal posts at the 25 foot on touch line. Plan "Proposed Parking on Essex Street,
Map 37, Lot 272" received April 10, 2012.
Mr. Boyden seconded the motion.
Motion passed 7-0-0.
Agent's Notes:
Ratify the Emergency Certification for Plymouth Street, Map 10, Lot 21 work submitted by Richard Alves, Town
Engineer. Silt build up has occurred within the existing wetlands and entering Hodges Brook. The work will
include Reclaimed Asphalt Pavement (RAP.) in place of the existing hard pan gravel roadway to prevent any
future silt build up within the wetlands and getting into the inner riparian zone of Hodges Brook. This will help
children who have respiratory problems and minimize irritated eyes. Mr. Cauldwell visited the site with Mr.
Alves and signed the Emergency Certification.
Ratify the Enforcement Order for the Elm Street restoration. Piping, rlprapjstone and sediment has been
deposited in the wetland located on town owned land. Elizabeth, Mr. Boyden and Mr. Cauldwell went to the site
to look at the restoration area. Elizabeth said the silt in the wetland on town property has been removed as
best as possible. The plants are thriving.
Elizabeth told the board Mr. Alves would like to see if a Boy Scout Troop would help clear away obstructions in a
stream on the north side of Ware Street across from the new sub-division. She said this will be fine as long as
he does not remove plant life from the area. All members agreed.
State Route 140 and 1-495, DEP 211-0836: Elizabeth told the board Karro Frost of New England Environmental,
Inc. has accepted a position at UMass Amherst. She will likely continue to do the monthly Inspections but will
not be available to do construction monitoring which will be needed when Back Bay Brook culverts are cleaned
starting in July.
The board will need to approve a new wetland construction monitor for the Mass Highway project. Ms. Frost
has recommended Meredith Bornstein, who also works for New England Environmental. She has been approved
by Mass DOT to do construction monitoring on other sites. Her resume Is attached to the April 23, 2012 memo
from Ms. Frost. Elizabeth said she appears to be very well qualified. The board will review her resume.
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Ms. Frost was on site for the removal of the coal clinkers from the wetland areas on April 16, 2012. Elizabeth
said there is still an on-going lawsuit issue.
Next week the Mansfield Airport drainage pipes will be cleaned.
Letter dated April 23, 2012 from Andrea Kendall from Mason & Associates, Inc. National Grid submitted a
revised wetland restoration plan for E1 Line Extension off Elyse Road, DEP #211-0841. Elizabeth said the
swamp mats have been removed. She said it is obvious there is a lot of woody shrub damage. Additional
wetland shrubs will be added to supplement the damaged shrubs.
Because the plan was submitted today, Elizabeth has not reviewed the restoration plan. She told the board she
offered to allow National Grid the option of doing the restoration work under an Enforcement Order. National
Grid did not want to do this and will work under the original Notice of Intent. No work can begin until the board
has reviewed and approved the restoration plan.
Regarding the article that appeared in the April 23cd edition of the Sun Chronicle: Elizabeth was quoted from a
letter she was asked to write. She said as usuai, there are a lot more facts that were not reported in this
article.
She said it was never her intention to write the letter; she was not given an option.
She said the reporter was apparently not interested in providing a fair and unbiased article because the
Conservation Department and the Building Inspector were never asked to comment. Elizabeth said the
neighbors were also never interviewed by the reporter.
Elizabeth: "I just want to say to everybody at large I take my position with the Town of Mansfield very
seriously and I am not happy the way that I was portrayed in the article and if anybody has any questions, feel
free to call me at the office and I am happy to answer any questions".
Ms. White mentioned that the Conservation Commission is working with Keep Mansfield Beautiful and will be
helping with the clean up of Corporal Robert Francis Hardy Conservation Area this Saturday April 28th from 9-11.
There will be a picnic at the Comcast Center following the clean-up.
Motion to adjourn: BoydenjCauldweil.
Next meeting will be May 21, 2012 at 7:00 pm.
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Joseph Mulkern, Chairman
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