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HomeMy WebLinkAboutCONSERVATION06182012 CONSERVATION MEETING MINUTES JUNE 18, 2012 Present: Colin Cauldwell, Vice Chairman; Paul Boyden; Michele White; Michael Healey; Jack Smith; Carole Matthew; Elizabeth Leidhold, Conservation and Environmental Planner. 1. Meeting opened at 7:00 pm. 2. Certificate of Compliance: Venkataraman Chandrasekaran and Anuradha Kondepudy, Camelot Estates, Williams Street and Tremont Street. (42-24) Request for a Certificate of Compliance for Camelot Estates off Tremont Street, 23 King Arthur Way. This is mainly a house-keeping measure. Memo, dated September 28, 2988, from Richard Lewis, former Conservation Agent; this file and the project superseded by DEQE file SE 211-138 and the Mansfield Conservation Commission has issued a Certificate of Compliance for this project. The Commission met on October 3, 1988 and issued a Certificate of Compliance. Elizabeth told the board that a Certificate of Compliance was never issued for 43-24. Because there was not a representative present, the Certificate of Compliance was not issued. Ms. White made the motion to continue the request for DEP #42-24, Camelot Estates to July 16, 2012. Mr. Boyden seconded the motion. Motion passed 6-0-0. 3. Request for Determination of Applicability: Paul and Denise Mahoney, 6 Winslow Way, Map 41, Parcel 36 and 38. The Request for Determination of Applicability was filed for the removal of overgrown brush, replanting the area with bushes and flowers and the installation of an above-ground pool within a resource area. The homeowners, Paul and Denise Mahoney, were present. The homeowners would like to clear brush to the edge of the stream and to the left of the house to the edge of the property. An above-ground pool is also included in this filing. An RDA was filed in October 2005 for the removal of trees but the area has again become overgrown with brush and trees. Mr. Healey and Elizabeth met with applicant and explained that the vegetated stream is jurisdictional. The applicants were told they needed to hire an engineer to delineate and flag the wetiand, show the distances to the bordering vegetated wetlands and show all proposed work including the proposed pool. The applicants were e-mailed a list of consultants from which to choose for their project. The board has not received a new plan. Elizabeth said, depending on the scope of the project, it might be best if they submitted a Notice of Intent. 1 Ms. Mahoney told the board when she filed in 2005, she was not required to delineate the wetlands. She said they only want to remove three trees and clear up the left side of the property and will not clear anything past the brook. She explained that the area has become very overgrown with brush, trees and poison ivy. She told the board that Michael Trowbridge of Hutchins-Trowbridge Associates came out to the property last week and he did not think it necessary to have the yard marked out because it has already been established that they will be working within the 25 foot no touch area. Mr. Cauldwell told Ms. Mahoney that when she built her house in 1998, the Mansfield Wetland Protection By-law was not in effect. He told her the by-law does not allow disturbance within 50 feet of wetlands. Mr. Cauldwell suggested Ms. Mahoney mark out what she wants to remove and have Mr. Trowbridge locate the area to be cleared on a new plan. Elizabeth said It will be difficult for the board to approve the removal of all the vegetation in this area because it is part of a wetland system. The board suggested the hearing be continued to July 16, 2012. Mr. Boyden made the motion to continue 6 Winslow Way to July 16, 2012. Mr. Smith seconded the motion. Motion passed 6-0-0. 4. Notice of Intent: Kevin Mulkern, 71 Balcom Street, Map 6, Parcel 127. The Notice of Intent was filed for the construction of a 30'x32' detached single-story garage within the 100 ft. buffer of bordering vegetated wetlands. Kevin Mulkern and Kerri Jewkes were present. Elizabeth told the board DEP has not issued a file number. She said the stakes marking the location of the proposed garage are very close to the wetlands, within 25 feet and she recommended that they bring in a consultant to flag the wetlands; once they have the wetlands flagged they can plan where to put the garage. A new plan with the wetland delineation has not been submitted. Ms. White made the motion to continue the hearing for 71 Balcom Street to July 16, 2012. Ms. Matthew seconded the motion. Motion passed 6-0-0. 5. Notice of Intent: Beth and John Thibault, 235 South Main Street, Map 28, Parcel 147. DEP #211-0887 The Notice of Intent was filed for the construction of a 16'x12' sunroom addition with no foundation and a 16'x7' deck with concrete footings on existing lawn with the 100 ft. buffer of bordering vegetated wetlands and a stream. John P. Rockwood of EcoTec, Inc. and Beth Thibault, the homeowner, were present. Mr. Rockwood explained to the board that the applicant is proposing to build a 12'x16' sunroom and a 7'x16' deck. The addition and deck will be constructed on concrete supports. Landscaping fabric and crushed stone will be placed under the addition. The addition will be 60-65 feet from the wetlands. Mr. 2 Rockwood told the board there is an intermittent stream the flows south across the property. There are wetlands adjacent to the stream. Mr. Rockwood said there is a detailed construction sequence in the filing. Straw waddles will be installed at the limit of work. Elizabeth's comments: Work is outside the SO foot no touch area; the area is fairly level; work is proposed on pilings; she does not have any issues with the filing. Mr. Cauldwell asked about the remaining material from the footing holes. Mr. Rockwood said it will be. removed from the site. Ms. White made the motion to issue an Order of Conditions for DEP #211-0887 for 23S South Main Street with the condition that the erosion controls be inspected by the agent prior to the start of work. Mr. Boyden seconded the motion. Motion passed 6-0-0. 6. Notice of Intent: Louis Masiello, W/S Development Associates, 280 School Street, Map 12, Parcel 14, 17 & 18. DEP #211-0885 The Notice of Intent was filed for the addition of an unpaved five foot stone dust walkway and two four foot wide wooden footbridges within the 100 foot buffer of bordering vegetated wetlands. Bob Frazier, Senior Vice President of Development, Ellyne Fleshner and Mike McKenna, Development Operations of W/S Development and Lisa McIntosh, Wetland Scientist of Woodard and Curran were present. Ms. Fleshner told the board Ms. McIntosh has been working with W IS Development to create a planting enhancement plan to go along with the proposed walkway. She explained that the banks of the pond and buffer zone surrounding the pond are vegetated mostly with grass and small shrubs and trees. She said because they will be removing vegetation along a portion of the walkway, they will be adding additional plantings to make it more aesthetically pleasing as well as providing a better wildlife habitat value. Ms. Fleshner said they will be focusing on two areas surrounding the pond. One area will be at the entrance to the walkway where a bridge crossing over a drainage swale is proposed. The drainage swale is heavily vegetated with cattails, shrubs and small trees as well as native non-invasive species. She told the board they will not remove any of the existing vegetation but will enhance the area by adding plantings, native trees and shrubs as well as smaller herbaceous type perennials to provide a focal point for people walking along the walkway; the plantings will enhance the wildlife habitat, helping to sustain the wildlife during the winter months as well as provide shelter. Elizabeth said Section 2.5 of the Mansfield Wetland Protection By-law states that the construction and maintenance of trails mav be permitted within 25 feet of a resource area. She said the original plan of 2006 showed wetlands, the bordering vegetated wetland line and buffer zone enhancement within the 25 foot buffer zone. She said her primary concern is that the board be aware that the proposed walkway would be within an area that has already been proposed on the original plan as an enhancement area. She asked that a plan be submitted showing the original proposal from 2006 with an overlay of what is being proposed now. She would like to see the total amount of proposed alteration of the area for the bridges and the walkway and the proposed amount of wetland restoration. 3 Mr. Cauldwell said he wanted a wetland enhancement area on the swale because the area had already been enhanced to compensate for the alterations shown on the original plan when the mall was constructed. He said the board would need a plan that shows all the plantings, all restorations and replications that were called out and approved by the board when the mall was built. The board needs to see where the original replication/restoration areas are so any new replication/restoration areas are not being done in these areas. Ms. Fleshner said the proposed walkway comprises approximately 11,275 square feet and will be placed in upland areas around the pond that are currently vegetated. 5he said the walkway is actually going in the buffer zone, not the wetland area. She said it is noted on the filing that the proposed footbridges are an alteration to a wetland; it is actually a temporary disturbance. She said the bridge footings will not be in the drainage swale. Elizabeth recommended that Ms. Fleshner review the original file. She said because of the work proposed under the original filing, some areas, especially along the south side of the pond, have no upland or buffer zone to work with. Mr. Cauldwell said he believes there is an area of the proposed walkway that was called out on the original plan as a wetland restoration area. Elizabeth said if it was part of the total restoration, these areas will need to be compensated for. Mr. Cauldwell asked about the bridge details. Mr. Frazier said the details have been submitted. Osmose MicroPro, an environmentally preferable product, will be used instead of traditional pressure-treated lumber for the footbridges and walkway. The concrete footings are outside the resource areas. The board suggested installing berms to help keep the walkway in place. This is shown on the plan. Mr. Healey said he had concerns about drainage in the area of the walkway; when it rains, will the water pool in this area? Mr. Cauldwell suggested that some test bores be done to caiculate what the drainage characteristics are and if there will be future probiems. Before the construction of the mall, the area around the pond was mowed to the edge of the pond, eliminating the function of the pond. Mr. Cauldwell said the board does not want to see this happen again. To prevent this from happening again, the original plan designated certain areas as non-mowing areas. Elizabeth asked if the board will allow mowing, pruning and trimming along the pathway. Mr. Cauldwell said any maintenance of the walkway or areas around the pond should be included in an Operation and Maintenance Plan to address what type of maintenance activities are proposed to maintain the pathway. Will the maintenance be done by hand or with equipment? Will chemicals be used? Mr. Cauldwell asked that the applicant provide construction methodology; what equipment will be used, how will the work area be accessed, where is the material going? Ms. McIntosh said they want the walkway to look like a natural environment. There will be benches placed along the pathway and informational signage will also be installed. Mr. Cauldwell said the bench locations and the signage should be shown on the plan. Mr. Healey said trash receptacles should be added to the plan. Mr. Cauldwell said the board wants to see the original plan versus what is now being proposed; the calculations on the drainage capacity of the sub-soils along the berm; the locations of the benches, the trash receptacles and any signage; an O&M plan should include construction methodology, method to be used for vegetation control on the pathway, mowing, pruning, trimming, what types of chemicals, if any, will be used; 4 He said the walkway will be going through wetland areas already enhanced, as shown on the 2006 plan. These areas will need to be compensated for; location and type of erosion controls. Elizabeth will list the board's recommendations and forward them to Ms. Fleshner and Mr. Masiello. Mr. Boyden made the motion to continue the hearing for the proposed walkway and footbridges for the pond at Mansfield Crossing Mall to July 16, 2012. Mr. Healey seconded the motion. Motion passed 6-0-0. 7. New and Old Business. Agent's Notes: Route 495/305 Forbes Boulevard - diesel fuel spill: Mass Highway will be planting trees and shrubs on the Route 495 side. Elizabeth told the board there is a planting plan but the plan has not been submitted to Conservation. She told the board that 305 Forbes Boulevard owns the other bank. She said the owner of the property will restore the area. She has asked that they mirror the Mass Highway plan so as soon as the plan is submitted, the restoration will begin. She told the board the brook had to be excavated. Mansfield Deli restoration plantings: The restoration plantings are being run over by the parked cars. A letter will be sent to the owner of Mansfield Deli recommending that concrete bumpers be installed. National Grid restoration for the E1 line Extension Project (DEP #211-0841). Letter from Mason & Associates, Inc., dated June 4, 2012: Have put in the plantings and have hand-dug the channel. Elizabeth suggested that the channel be watched over the summer months to make sure it is functional. She told the board National Grid will request a Certificate of Compliance; she recommends that a partial be issued. Hercules, Stearns Avenue landfill: Had to excavate more of the filter cake then was originally planned. Elizabeth told the board that Oxbow was hired to do turtle monitoring before the additional filter cake was excavated. Proposed cutting behind the library on Hope Street: Elizabeth explained that the library was built on top of the bank. She said she is waiting to hear from DPW as to what they are proposing. She said when she and Mr. Healey checked the site, DPW was only cutting branches that were overhanging the building. Lincoln Subdivision on Branch Street: Elizabeth said there is not a current resource area delineation approved by the Commission. Ratify Emergency Certificate for 428 Branch Street: Ms. White made the motion to ratify the Emergency Certificate for the septic failure at 428 Branch Street, Map 32, Lot 10. Mr. Healey seconded the motion. Motion passed 6-0-0. Mass Highway Riverfront restoration report: Elizabeth received the May restoration report from Karro Frost, the Wetland Monitor for the Mass Highway Route 495 (DEP #211-0836) from New England Environmental, Inc. A letter dated June 14, 2012 was sent to engineers and consultants who work in the town of Mansfield. The new open meeting law requires that all materials used for display during public meetings be collected and stored by the Conservation office. The town is using Imaging Document System which allows for the secure 5 electronic storage of all meeting materials and information. The letter asked that when possible the material to be used at meetings be sent to the office for the Power Point presentation. Vernal pool on Red Trail of Great Woods has a certification number (Certified Vernal Pool 6690 - certified May 29, 2012). Approve minutes of May 21, 2012. No motion was made; minutes approved 5-0-1. January 23, 2012 minutes were approved at February meeting; only need to be signed. January minutes were signed. Approve February 2012 minutes. No motion made. Minutes signed. April 23, 2012 minutes were approved at May meeting but the adjournment time was added and wording was changed as per Elizabeth's request. April minutes signed. Approve the attorney's bill for the Lot 4 Gilbert Street appeal. Not discussed in open session. Mr. Cauldwell told the board the Community Gardens are opened and doing well. He said an entrance sign needs to be purchased. Suggested wording, "A Cooperative Project Between Mansfield Conservation Commission and the Hockomock YMCA". Ms. White reminded the board that three signs, "Environmentally Sensitive Area - Do Not Disturb", were to be placed on the 25 foot no touch line. Ms. White made the motion to purchase three (3) signs for the buffer area and an entrance sign for the garden; cost not to exceed $500.00. Mr. Boyden seconded the motion. Motion passed 6-0-0. Ms. Matthew asked about sending a letter to the residents of Bird Road at the corner of Mary Dee Lane about dumping in the open space area (39-99); can the Commission place the signs? Elizabeth said she asked Rick Alves to have DPW install the signs; this has not been done. Mr. Cauldwell said the Commission is not responsible for the signs because it is public property owned by the Homeowners' Association, Chatham Estates. Ms. Matthew asked that a letter be sent to the Homeowners' Association, requesting "No Dumping" signs be put on the open space parcel. New Business: Mr. Cauldwell will be Filing a Request for Determination of Applicability for the bridge on the Red Trail in the Great Woods. Executive Session: To discuss legal matters regarding the appeal of #211-0878, Lot 4 Gilbert Street MOTION: To enter into Executive Session at 9:00 pm for the expressed purpose to discuss legal matters pertaining to the appeal of DEP #211-0878, Lot 4 Gilbert Street and to return to Open Session for the sole purpose to adjourn. (Boyden/Healey) ROLL CALL VOTE: Colin Cauldwell, Vice Chairman, aye; Paul Boyden, aye; Michele White, aye; Michael Healey, aye; Jack Smith, aye; Carole Matthew, aye. VOTE: 6-0-0 PASSES. The board returned to Open Session at 9:30 pm. 6 8. Adjournment: Motion to adjourn - Boyden/Matthew - at 9:30 pm NEXT MEmNG WILL BE JULY 16, 2012 at 7:00 PM. ~~ il]\uJy .-Lolio C.auldw@II,_Vice Chairman Y\-\,0--w\ \~ 7 7 .r-z.a ;IL Date