HomeMy WebLinkAboutCONSERVATION 05212012
CONSERVATION
MINUTES
MAY 21, 2012
Present: Joseph Mulkern, Chairman; Michele White; Paul Boyden; Jack Smith; Carole Matthew; Michael Heaiey.
\1. Meeting called to order at 7:01 pm.
2. Request for Determination of Applicability: Paul Marder, 64 Williams Street, Map 6, Parcel 83.
The Request for Determination of Applicability was filed for the installation of an above-ground pool and the expansion
of an existing deck to the pool within the 100 ft. buffer of bordering vegetated wetlands.
Paul Marder, the homeowner, was present.
Elizabeth's Notes: The pool will be over SO feet from the off-site wetland near Buckskin Drive and on the existing
lawn. She has no issues with the filing.
The board asked that Mr. Marder use a cartridge filtration system for the pool.
Mr. Boyden made the motion to accept the plan (Sketch of proposed location of proposed pool - received
May 2, 2012) as presented for 64 Williams Street and issue a Negative 3 Determination. Mr. Smith
seconded the motion. Motion passed 6-0-0.
3. Request for Determination of Applicability: Town of Mansfield, Mansfield Athletic Complex, 50 Plymouth
Street, Map 10, Parcel 21.
The Request for Determination of Applicability was filed to replace the existing hard pan gravel roadway
with Reclaimed Asphalt Pavement at the Mansfield Athletic Complex at 50 Plymouth Street. The project is
located approximately 2,070 feet north of School Street on the westerly side of Plymouth Street.
Richard Alves, Town Engineer, was present.
While on site with Mark Cook of the town's DPW, Mr. Alves found silt from the existing hard pan roadway
had accumulated within the wetland area and was migrating into the inner riparian zone of Hodges Brook.
Mr. Alves told the board the Town of Mansfield Engineering Division is proposing Reclaimed Asphalt
Pavement (RAP.) in place of the existing hard pan gravel roadway. He said only a portion of the roadway
will be paved with RAP. He said there will be 3 or 4 inches of RAP. put on the parking lot. The area
around the tennis court on the northern portion of the site will remain as gravel. A water quality swale will
be created to prevent any more silt from entering the adjacent wetlands. Mr. Alves said there will be no
cutting of trees.
Mr. Alves said this will also help children who have respiratory problems and minimize irritated eyes while
playing soccer or tennis.
Erosion and sedimentation controls, including hay bales and silt fencing will be installed upslope of all
vegetative areas. The disposal of any material into the wetlands, streams or other water resource areas
will not be permitted.
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Elizabeth's comments: the proposed water quality swale will hopefully clear up the stormwater discharge
into the river; she did not have a chance to fully review this project but likes the use of fabric mesh instead
of riprap.
Mr. Healey made the motion to accept the proposed parking lot upgrade by the Mansfield Engineering
Department at 50 Plymouth Street as shown on the plan, "Proposed Parking Lot Upgrade Mansfield Athletic
Complex, Plymouth Street" dated May 1, 2012, and issue a Negative 3 Determination. Mr. Smith seconded
the motion. Motion passed 6-0-0.
4. Request for Determination of Applicability: Thomas F. McGuire, Mass Department of Transportation -
Highway Division - District 5. Vegetation Management on Route 495.
Thomas McGuire District Environmental Engineer and Michael Clements, Assistant District Environmental
Engineer from Mass DOT Highway Division Office in Taunton were present.
Mr. McGuire told the board the proposed work, along Route 1-495 from the Norton town line to just north of
Forbes Boulevard, including the northbound and southbound ramps at the Route ljRoute140 interchange,
consists of the application of herbicides approved for use in sensitive areas within state highway rights of
way at spot locations. The Vegetation Management Plan is regulated under the Wetland Protection Act,
310 CMR 10 and also the Department of Agricultural Resources (DAR) Regulations for 333 CMR 11
Pesticides and Right-of-Way Management.
Mr. Clements explained to the board that the overwhelming majority of Mass DOT's vegetation
management (94%) will be done by mechanical methods such as mowing, hand cutting, and selective
trimming. The remaining 5% would be done by chemicals or herbicides. The herbicides would be used to
control weed growth directly beneath the roadside and ramp guardrails, beneath the median, within
crevices between pavement and curbing or edging, within joints between and under Jersey barrier, and
around sign posts within the project limits. Poison ivy along state highways will also be targeted.
Mr. Clements told the board all herbicides used by MassDOT have been researched, tested and approved by
the Department of Environmental Protection for use in "Sensitive Areas". These include Oust Extra and
Accord Concentrate. These approved herbicides will only be applied by low pressure spraying performed by
a licensed, D.A.R. approved contractor.
Mr. Clements told the board MassDOT adheres to the sensitive area spraying restrictions set by DAR that
are required under current regulations. Sensitive area restrictions apply to public groundwater supplies,
public surface water supplies, private drinking water supplies, wetlands and water over wetlands,
agricultural/inhabited areas, riverfront areas, certified vernal pools and rare species habitat. There are also
sensitive areas designated completely as no-spray zones and others designated as alternate year spray
zones where herbicides can only be applied every twenty-four (24) months, maximum. Class A water
supplies require a 100 foot buffer. In no case will any herbicide be applied closer than ten (10) feet to any
wetland areas.
Mr. Clements said MassDOT restrictions meet or exceed the setbacks required by the DAR.
Mr. Clements told the board, as part of the VMP, a yearly operational plan must be presented and approved
by DAR. The plan has been submitted and is in its 45 day comment period. Once approved, MassDOT will
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provide notice when the spraying will begin. He said the work will have no impact to the resource areas if
the setbacks are properly maintained.
Mr. Clements explained there are two methods of herbicide application that are used by MassDOT - Foliar
Treatment and Cut Stump Surface Treatment. Under the Foliar Treatment the herbicides are applied by a
truck-mounted sprayer and applied to fully developed leaves, stems or blades of a plant such as grass,
weeds or small bushes. The herbicide is mixed or diluted with water and applied as a uniform spray over
the entire foliage of the plant. The herbicide is then absorbed by the plant where it goes to its roots and
kills it. Hand spraying will be done in areas where the truck can not reach. Cut Stump Surface Treatment
is the application of an herbicide to the cut surface of a stump immediately following or during a cutting
operation. This is generally done to larger vegetation such as large bushes and small trees. If this method
is used, the herbicide will be applied by hand-held squirt bottles, paintbrushes or sponge applicators. This
method is not practical in moderate or heavy stem densities, but offers the opportunity to chemically treat
undesirable vegetation in sensitive or difficult-to--access sites where other methods are not possible. Mr.
Clements said spraying will not be done in wet weather or when rain or windy weather greater than 20
miles per hour is predicted.
Mr. Clements said the no spray, limited spray and alternate year spray zone restrictions will be designated
along state highways with colored plastic reflectorized delineators that are attached to guardrails, jersey
barriers or other highway appurtenances. A blue reflector designates the beginning of a no spray zone, a
brown reflector designates the beginning of a limited spray zone and a brown/blue reflector designates the
beginning of an alternate year spray zone.
Mr. Smith asked when the spraying will begin. Mr. Clements said it will depend on the weather and the
when contracts being awarded. He said it is late in the season and, because they have to spray in the
growing season, they might not be able spray this year. He said the application of the spray might not be
as effective if done past July. He told the board the Town Manager, Selectmen, Board of Health and
Conservation Department will get a 10 day notification.
Ms. White made the motion to Issue a Negative 3 Determination for MassDOT Highway Division-District 5
for the Route 494, Right-of-Way vegetation management maintenance with the following conditions:
Elizabeth is to ride along with Mr. McGuire to ensure that no erosion controls are required and is to be
notified 48 hours prior to the start of work. Mr. Boyden seconded the motion. Motion passed 6-0-0.
5. Request for Determination of Applicability: Columbia Gas of MA. Replacement of gas main on North
Main Street starting from the Dane Street/North Main Street intersection to the Foxborough town line.
Jack Smith abstained.
Brad Holmes of ECR on behalf of Merrill Associates, Inc.
Mr. Holmes told the board Columbia Gas is proposing to install a new gas line within a portion of North
Main Street between North Main Street/Dane Street intersection and the Foxborough town line. Portions of
the proposed gas main replacement route are within the 100 foot buffer of bordering vegetated wetlands
and partially within the 200 foot Riverfront Area associated with perennial streams. The proposed gas main
will be installed within the existing paved roadway.
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Mr. Healey asked if there is an existing gas line and if so, will it be removed. Mr. Holmes said there is an
existing line and once the new gas line is installed the old line will be abandoned in place so the roadway
does not have to be opened twice.
Mr. Holmes said prior to the start of work straw waddles will be installed along the project route and will be
inspected on a regular basis and maintained until all disturbed areas are stabilized. Catch basins will be
protected with filter fabric to ensure sediment does not enter the drainage system.
Elizabeth's comments: make sure it is buffer zone impact only; agent should ride along to ensure no
erosion controls are required.
Mr. Boyden asked how long it will take to complete the work. Mr. Holmes said they can do approximately
80 to 300 feet per day depending on the sub-surface conditions. He said approximately 1,250 linear feet of
natural gas pipe is proposed for replacement with 4-inch plastic natural gas pipe by using the Open Trench
Method. The trench will be 2-3 feet wide and approximately 4 feet deep. Excavation will be done by
backhoes or excavators. The trench will be opened, the pipe installed, the trench backfilled and the area
graded to pre-existing elevations on the same day.
Because the gas line will be extended to Foxborough, Mr. Holmes told the board that an RDA will be filed
for the work being done in Foxborough. He said the RDA will be on the June 11, 2012 agenda. The work
in Mansfield will not begin until the Foxborough Determination has been issued.
Ms. White made the motion to issue a Negative 3 Determination for Columbia Gas of MA (Plan - USGS Map,
FEMA Map, NHESP Map received April 17, 2012 and Wetland Delineation Overlay Plan received April 17,
2012) with the following conditions: that a site walk be performed with Elizabeth to ensure that no erosion
controls are required; if erosion controls are necessary, they are to be inspected prior to the start of work.
Mr. Boyden amended the motion to attach the narrative provided with the filing to the Determination. Ms.
Matthew seconded the motion. Motion passed 5-0-1.
I 6. Notice of Intent: Christopher and Carol Smith, 9 Buckskin Drive, Map 6, Parcel 155. DEP #211-0886
The Notice of Intent was filed for the construction of a single-family house, septic, driveway, utilities and
grading within 100 ft. buffer of bordering vegetated wetlands. The driveway will be within the 50 foot
buffer.
Christopher and Carol Smith, the property owners, were present.
Mr. Smith said that Elizabeth asked that the wetlands be re-f1agged because the last delineation was done
over three years ago. The wetlands were flagged by Walter Hewitson on April 12, 2012 and a new plan for
the house was done using this delineation. On May 15, 2012, Elizabeth reviewed Mr. Hewitson's line and
asked that flags 4, 5, 6, 9, 10 and 11 be re-Iocated. Flags 7, 8 and 12 were not moved. Mark Manganello
of LEC Environmental Consultants, Inc. was hired to review the new line and agreed with Elizabeth's
determination. The house was redesigned using the new delineation. A revised plan, dated May 18, 2012
was submitted with the correct delineation and the new location of the house.
Elizabeth's comments: It is a very tight lot and a portion of the driveway will be within the 50 foot area.
There appears to be no other way to access the driveway. Perhaps some mitigation plantings along the
cart path to off-set the work within the 50 foot area.
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Ms. Matthew said the beginning of the driveway is very tight; they will have to work within the 25 foot to
do the driveway. Mr. Smith said they were originally going to use the existing cart path on the right side of
the property but decided it would be better to put the driveway on the left side of the property. She asked
if the 25-50 foot buffer is a naturally vegetated area. Mr. Smith and Mr. Mulkern said the area has very
little vegetation. She asked about the proposed signs shown on the plan. Mr. Smith said there are four
"Environmentally Sensitive Area - Do Not Disturb" signs. Ms. Matthew asked that straw waddles be used
as erosion controls instead of hay bales and silt fencing.
Ms. White made the motion to accept the plan, "Sewage Disposal System Lot 4, 9 Buckskin Drive" dated
April 30, 2012 and revised May 18, 2q012 - Hutchins-Trowbridge Associates, Inc., Michael Trowbridge,
P.L.S., as drawn for 9 Buckskin Drive with permanent "Environmentally Sensitive Area - Do Not Disturb"
signs on metal posts to be placed as shown on the plan of record; straw waddles are to be used instead of
hay bales/silt fence; the agent is to inspect the erosion controls prior to the start of work. Ms. Matthew
amended the motion to require mitigation plantings be placed within the area of the cart path and the
isolated wetland Mr. Healey seconded the motion. Motion passed 6-0-0.
7. Notice of Intent: Mansfield Crossing Mall, 280 School Street, Map 12, Parcel 14, 17 & 18. DEP #211-
0885
The Notice of Intent was filed for the addition of an unpaved walkway and two wooden footbridges within
the 100 foot buffer of bordering vegetated wetlands.
Louis Masiello of W/S Development Associates, LLC has requested a continuance to June 5, 2012.
Ms. White made the motion to continue the hearing for 280 School Street. Mr. Healey seconded the
motion. Motion passed 6-0-0.
I 8. New/Old Business
Public Outreach: Ms. White told the board the yearly clean-up of Corporal Robert Francis Hardy
Conservation Area with Keep Mansfield Beautiful was done last month. She said the whole site was much
cleaner than last year. She thanked the volunteers who helped with the clean-up.
Agent's Notes:
Gilbert Street, Lot 4 - Superseding Order of Resource Area Delineation. Ms. Matthew said she would not
sign anything she has not reviewed or that has not been approved by the board. She said she reviewed
the original line which the applicant agreed with but did not see the revised plan. She said she was
shocked with the way DEP handled this.
Mr. Boyden said he agreed with Ms. Matthew. Because there are legal issues here, he said he would like to
postpone any action by the board until Elizabeth can explain what has taken place and what needs to be
done.
Ms. Matthew said the board does not have any other recourse but to appeal this decision by DEP.
Ms. White said the board accepted one line and then DEP confirmed the line established by Goddard
Consulting, She said the applicant has not sent anything back to the board to be reviewed and unless they
do, there is nothing for the board to act on unless the board wants to appeal the line established by
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Goddard Consulting and confirmed by DEP. The applicant would still have to file a Notice of Intent with the
new line.
Ms. Matthew said the applicant never came before the board with the new line. The applicant would have
to notify the abutters of the new line and a legal notice would have to be placed. She said the whole
hearing process has been circumvented. Mr. Goddard said that the board looked at the second line. Ms.
Matthew said this is not true; the board has not seen the line established by Mr. Goddard.
Ms. White said if the board appeals the line to DEP then they are the ones who have to make the decision
on the correct line. She said she did not think it would necessarily come back to the board unless they
were going to apply for a project. Mr. Boyden said the board can appeal the DEP decision.
Mr. Healey said the project came before the board, a public hearing was held and the board approved the
delineation. Then a different party appealed the line. Mr. Boyden said Elizabeth changed some of the
original wetland flags, the ANRAD was reviewed and approved by this board.
Ms. Matthew said she spoke with Elizabeth today and the options are to accept the new line or appeal the
Superseding Order of Resource Area Delineation.
Ms. White said Elizabeth would rather see an action by the board tonight.
Mr. Boyden made the motion to appeal DEP's Superseding Order of Resource Area Delineation for Lot 4
Gilbert Street. Mr. Boyden amended the motion to include a fee to be paid for the appeal process from the
Commission's funds. Mr. Healey and Ms. Matthew seconded the motion. Motion passed 6-0-0.
Vote to accept the license agreement between the Town of Mansfield, The Conservation Commission and
the Hockomock Area YMCA: Mr. Boyden said he would prefer the agreement be signed by the Selectmen
because they are the governing body. He would like the Town Manager taken off the agreement or have
both the Selectmen and Town Manager sign. He also asked that the Selectmen take a vote to accept the
contract.
Mr. Smith made the motion to accept the license agreement as written. Mr. Boyden seconded the motion.
Motion passed 6-0-0. The agreement was signed by the board.
Ratify Emergency Certification for hazardous material spill (200 gallons of diesel fuel) at Route 495 and 305
Forbes Boulevard. Spill occurred on May 3, 2012.
Ratify Emergency Certification for the Stearns Avenue Landfill - Hercules Site. Elizabeth's notes: Had to
remove additional patch of filter cake beyond the erosion controls and the turtle barrier within the 100 foot
buffer of bordering vegetated wetlands and within an Endangered Species Habitat.
Mr. Boyden asked about the Vickery Property on South Main Street. A sign was supposed to be put up on
the property. Ms. White asked Ms. Matthew to find the information regarding the sign. Ms. White said she
woul~rde~'t1fe sign.
loolc \ h-tD
Old Business: Follow-up on past hearings.
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Ms. Matthew said at the April 26, 2010 the board voted to have permanent signage "Environmentally
Sensitive Area - Do Not Disturb/No Dumping" put on the corner of Mary Dee Lane and Bird Road. This is a
Rare Species Habitat and people are dumping debris in this area.
March 21, 2012: Order of Conditions, #211-0866, for Jordan Jackson footbridge - Michael Trowbridge was
to submit a Construction Period Pollution Prevention Plan to be attached to the Order of Conditions. Ms.
White said this was done.
September 11, 2011: 6 Shea Circle, DEP #211-0873 - Trees were blown down in the hurricane within the
100 foot buffer to Vernal Pool #4250. Nine (9) white pine trees that were destroyed in the hurricane last
year were to be replaced with ten (10) white pine trees and 5 gallon and 2 gallon witch hazel. Has this
been done?
November 14, 2011: 8 Shady Brook Lane, #211-0876 - the building plan was to be submitted to
Conservation showing the foundation detail. Was this submitted?
RDA for Spring Street Mill Apartments - copies of Q & M inspection reports were to be sent to Conservation
and copies of memos from all town departments - fire, police and electric - along with the November 11,
2011 memorandum from Mr. Trowbridge to the Building Inspector were to be attached to the
Determination. Was this done?
Maple Leaf Realty Trust, Peter Thibault, 557 Maple Street - DEP #211-0842: silt fence is down in many
places. The board approved a "limited" project for a box culvert.
900 Maple Street: Mr. Mulkern told the board he and Elizabeth did a site walk to see if motorcycles were
being driven in resource areas. Mr. Epstein said all the people who were complaining about him dumping
into the wetlands at the edge of the property are doing the same thing. Mr. Mulkern said grass clippings,
stumps, logs, branches and other yard waste is being dumped into the wetlands. He said he would like
Elizabeth to write letters to all these people.
Mr. Boyden made the motion to approve the minutes of April 23, 2012. He would like the time of
adjournment added to the minutes. Mr. Smith seconded the motion. Motion passed 5-0-1.
I 9. Adjournment
Motion to adjourn at 8:23 pm: White/Smith-Passed 6-0.
NEXT MEETING WILL BE JUNE 18, 2012
t lA;LJl7(/J I :1 +~~lfJ/
/Joseph Mulkern,Chairman I
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{pl/5! 12-
Date'
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