HomeMy WebLinkAboutCONSERVATION 07152013_201309241539Mansfield Conservation
Minutes
July 15, 2013
Present: Joseph Mulkern, Chairman; Michael Healey, Vice Chairman; Christopher Marcheselli; Jack Smith;
Carole Matthew; Katelyn Merrill, Conservation Planner.
1. Meeting opened at 7:40 pm.
2. Request for Certificate of Compliance: Helen Sauvageau, 220 Plain Street. DEP 211 -0872
Homeowner Helen Sauvageau was present.
The Order of Condition was issued for the construction of a wall and landscaping. A partial Certificate of
Compliance was issued in December 2012, pending a mitigation planting review. Ms. Merrill met on site with
Mrs. Sauvageau and reviewed the placement and survival rate of the plants; everything was established. She
recommended a full Certificate of Compliance be issued.
Mr. Healey made a motion to grant a Certificate of Compliance for 220 Plain Street, DEP #211 -0872. Mr. Smith
seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:13 pm.
3. Amended Order of Conditions: Mansfield Commercial Investment, LLC, 315, 321, 333 and 339 School Street
Map 11, 12, Lots 10, 12 &13. DEP #211 -0860.
The original filing approved in November 2010 was for two buildings including driveways, parking areas,
sidewalks, landscape areas, utilities and stormwater drainage systems. The applicant is seeking the amendment to
do minor modifications to the approved site plans.
Timothy Power, Project Manager, Land Strategies, LLC, was present.
An informal discussion was held at the May 20, 2013 meeting to discuss the correct process to amend the Order
of Conditions. Mr. Power was asked to submit an updated, stamped plan along with the request for the
amendment and was told the abutters would have to be notified. Magdelena Lofstedt, a consultant for the
Commission from CDM Smith, reviewed and agreed this is a procedural process; the building is outside the buffer
zone, but the change to the building footprint altered the parking lot within the buffer zone, resulting in an
increase of 100 square feet of impervious area. The stormwater drainage systems will not change from the
original Order due to compensation elsewhere on site. Ms. Merrill said this will keep the file current.
Mr. Power said a building pad has been created for Building "B" and asked if there are changes to the shape of
Building "B" but the curb line stays the same and there is no impact to the impervious cover or the drainage, will
the Commission require a new plan or is this something that will be substantially in compliance. He said this
building might be shorter in length but have more depth. Ms. Merrill said the proposed changes are outside
jurisdiction and will not change the Orders so it probably is not necessary to submit an amended Order of
Conditions but an as built should be submitted when the project is completed. Mr. Power said the current Order
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requires an as built and certification from an engineer that the project is in compliance with the Order of
Conditions.
Ms. Merrill recommended approving the request for an amended Order of Conditions and the newly submitted
plan as the plan of record.
Mr. Healey made the motion to approve the plan, "Proposed Grading and Drainage Plan" Sheet C -3, dated June
24, 2013 and prepared by Allen & Major Associates, Inc., for Mansfield Commercial Investment, LLC, 315, 321, 333
and 339 School Street, Map 11, 12, Lots 10, 12 & 13, DEP #211 -0860, with the condition that an as built and a
letter signed by a professional engineer be submitted with the request for the Certificate of Compliance. Mr.
Smith seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:16 pm.
4. Notice of Intent: Stephen Gallant & Charlotte Mallio, 6 Carol Road, Map 13 and Parcel 67. DEP #211 -0903
The Notice of Intent was filed for proposed grading, fencing, paving of a stone driveway area, the expansion of an
existing deck on a grassed area and loaming and seeding within 100 feet of bordering vegetated wetlands and in
the Riverfront Area of Hodges Brook.
Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., and homeowner Stephen Gallant were present.
Mr. Trowbridge met with Ms. Merrill on site to review the project. He explained the existing driveway was to be
widened by the garage area and paved but stone pavers and crushed stone will be added to this area to allow
water to recharge. Approximately 1.5 feet of fill was to be added to the low area to the north side of the existing
house but Mr. Trowbridge said only a small amount of fill will be added to stop the "ponding" of water in this
area; a drainage swale is to be installed in this area to allow water from the driveway to flow toward Hodges
Brook. Because the homeowner had safety concerns about trees close to the house, 8 trees were to be removed
in the Riverfront Area; only 4 trees will be removed and replaced with 4 sycamore trees or trees approved by the
Commission.
Ms. Merrill said there was an issue, with the Riverfront Area being shown incorrectly on the plan. At the May
meeting, Magdelena Lofstedt of CDM Smith commented that the distance from the top of bank of the perennial
stream to the existing house was approximately 108 feet. Mr. Trowbridge has submitted a revised plan showing
the closest point from Hodges Brook to the edge of the deck. Ms. Lofstedt asked that the trees to be removed
be shown on the plan; the trees are noted on the revised plan. The trees selected to be removed are close or
hanging over the house and Ms. Merrill suggested the trees be flush cut instead of pulling the whole root system
out and the trees be replaced with native trees within the buffer zone. Part of the scope of work was to fill in the
area to the left of the existing house but this has been reduced to only what is there now and this area will be
redesigned to redirect the water towards the bordering vegetated wetlands. Ms. Merrill and Ms. Lofstedt were
fine with the delineation of the bordering vegetated wetlands.
Ms. Merrill said Ms. Lofstedt noted there were procedural and application issues with the filing that need to be
address before the Order of Conditions is issued; the General Project Description, alteration to the Riverfront Area
was not checked and the date of the Estimated Habitat Atlas was listed incorrectly. All discrepancies have been
addressed in a revised Notice of Intent submitted by Mr. Trowbridge on July 1, 2013.
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DEP comments: Specific compliance with the Riverfront area regulations needs to occur; the performance
standards have not been met and an Alternative Analysis is required when you work within 200 feet of the
Riverfront area showing possible alternatives. Mr. Trowbridge submitted an Alternative Analysis with the July 1,
2013 revision.
Ms. Merrill recommended that an Order of Conditions be issued with the following special conditions: Erosion
controls are to be reviewed prior to the start of work; the proposed plants are to be monitored for two (2)
growing seasons to ensure survival; final spot grades of the re- graded area are to be submitted with the request
for a Certificate of Compliance to make sure the proposed spot elevations on the plan match the final grade; an as
built is to be submitted with the request for a Certificate of Compliance. She said she does not see any of the
work causing an adverse impact to the resource area.
Ms. Matthew asked about the proposed fence because at the May meeting Ms. Lofstedt said any fencing should
not impede wildlife. Ms. Merrill said the applicant is proposing a chain link fence to the left of the driveway and
on the left, rear portion of the property. She said there will be enough of a wildlife corridor between the end of
the fence and the wetland, and does not see the fence being a problem. Mr. Trowbridge said the chain link fence
will abut the wetlands to the south and east of the property and the rest of the property will have a privacy fence.
Mr. Mulkern asked if there were any gates proposed for the fence in the rear of the property. Mr. Trowbridge
said there will be no gates.
Mr. Healey made a motion to accept the plan, "Conservation Plan 6 Carol Road" dated March 19, 2013, revised
June 12, 2013 and June 26, 2013, and prepared by Hutchins - Trowbridge Associates, Inc., as proposed for Stephen
Gallant and Charlotte Mallio, 6 Carol Road, DEP #211 -0903, with erosion controls to be placed in the area to be
filled in, as shown on the revised plan. Ms. Matthew seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:30 pm.
5. Notice of Intent: Stephen Cunningham, 6 Roy Road, Lot 2, Map 41, Parcel 452. DEP #211 -0902
The Notice of Intent was filed for proposed grading, house and septic, within the 100 -foot buffer to bordering
vegetated wetlands and an ACEC, the Canoe River.
Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. He asked that the hearing for 6 Roy
Road be continued until spring 2014 because the boundary of the vernal pool that was just certified by Natural
Heritage has not been determined. Ms. Merrill said the boundary of a vernal pool is determined by the mean
annual high water mark and the obligate species for vernal pools are only present in the spring.
Ms. Merrill said requests for proposals were sent out prior to the vernal pool being certified and will be sent out
again in the spring of 2014 to 3 -4 wetland consultants /biologists to establish the vernal pool boundary and
determine if the pool is a significant habitat. The consultant is to be approved by the Commission, with the
applicant responsible for any costs or expenses. Ms. Matthew asked Mr. Trowbridge if the Applicant was
questioning whether the certified Vernal Pool was a significant habitat. Mr. Trowbridge stated that the Applicant
does not contest the significance of the habitat of the Vernal Pool. He stated that the applicant will only be
looking at the boundary of the Vernal Pool in spring 2014. Ms. Merrill said the time of the review will be
determined by how wet and hot the spring months are. She will look into the procedural process to see if the
applicant will have to re- advertise the hearing because of the indefinite continuation.
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Mr. Healey made a motion to continue the hearing for 6 Roy Road, DEP #211 -0902, until spring 2014 when the
time is appropriate for an assessment to be done on the extent of the boundary of the vernal pool on the
adjacent property. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:35 pm.
6. Old Business:
Mr. Mulkern made the motion to approve the May 2013 minutes as written. Mr. Healey seconded the motion.
Motion passed 5 -0 -0.
Mr. Mulkern made the motion to approve the June 2013 minutes as written. Mr. Smith seconded the motion.
Motion passed 5 -0 -0.
3 Kybren Circle ( #211 -0881) "Environmentally Sensitive Area — Do Not Disturb" signs: Ms. Merrill said the four
signs have been installed but were put on short posts and the signs are not visible because of the overgrown
vegetation. She said there was an issue with the sign placed behind the fence but she approved the location of
this sign because it will be visible to anyone walking in this area.
Ms. Merrill asked if the Commission would like to establish a guideline for homeowners to follow when required
to install the "Environmentally Sensitive Area — Do Not Disturb Area" signs. She said the size and location of the
signs is specified in the General Rules and Regulations of the Town of Mansfield Wetlands Protection By -law but
not the post size. She said a specific height requirement does not need to be set but the signs do need to be
visible.
Mr. Healey said the permanent posts should be set two feet into the ground with a minimum of two inches of
concrete, at a minimum height of two feet. He said he is in favor of the signage and a section should be added to
the regulations or a guide line established for the signs.
Ms. Matthew said she spoke with DEP today about the signs and wanted to correct the record on the issue of
signs: 2.4 of the By -law states in part: "further the Conservation Commission reserves the right to prohibit or
significantly condition through an Order of Condition, work 25 -50 feet away from any resource area ", as a special
condition; "significantly condition" gives the board the discretion to require signs if in its opinion they would
maintain in perpetuity the integrity of the buffer zone. She was told the signs would be a special condition and
that if the Commission required the signs, it should be under the By -law as a significant condition but it does not
have to be spelled out as a sign. She said it also helps to avoid "lawn creep" by future owners who may not be
aware of the resource area. Ms. Merrill said the Commission can get more specific in the regulations or make a
decision regarding the signs on a case by case basis. She said sign guidelines and requirements can be developed
for reference and can be added to the town's web site.
233 Ware Street: RDA for an above - ground pool and associated deck. Ms. Merrill inspected the erosion controls
on June 25, 2013; the straw wattles have been staked in the location approved by the Commission.
Mr. Mulkern said there does not appear to be a wash down station, just have a straw wattle across the entrance
to control the dirt and dust from construction for the project on School Street across from the Mansfield Crossing
Mall. Mr. Smith will visit the site.
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Forest Heights /Williams Street, DEP 211 -0822 — 5 Lot Subdivision: Perry DiMascio requested an extension of the
Order of Conditions issued in October 23, 2008 to complete and maintain the authorized work. The Order would
have expired in October 2011 but because of the Mass Permit Extension Act, the expiration date was extended to
October 23, 2013. The request was withdrawn; the Order will expire on October 23, 2015 as per the 2010 and
2012 Mass Permit Extension Act.
ConComFundings:
• 4013 Lane Fund (Mansfield Crossing) $18,896.16 - to be used at Conservation discretion (rolls over)
• 4014 Canoe River Land Acquisition $4,722.00 gift - use is unknown
• 8322 ConCom Land Acquisition Trust $214,217.96 - to be used to acquire conservation land (rolls over)
• 0001 -171 Conservation General Fund: $40,835.00, as of July 1, 2013.
Ms. Merrill is in the process of updating the 2013 Open Space and Recreation Plan.
Update on Rails to Trails: Mr. Healey and Mr. Turnbull attended a meeting for the Rails to Trails. Norton would
like to complete the trail in Foxboro. Mr. Healey asked if the ConCom Land Acquisition Trust money could be used
for the Mansfield portion of the trail.
Mansfield Crossing 2012 Water Quality Monitoring Reports— DEP #211 -704: The sampling results for August 2012
have been received. The 2012 results show acceptable conditions compared to the Massachusetts Surface Water
Quality criteria. A June sampling has also been done. Special condition #5 in the original Order states that the
sampling of the "pond water" shall be taken at least once a month prior to the start of work and shall be taken
every four months until the Certificate of Compliance is issued and every spring and fall thereafter for one year.
In addition, sampling and testing will be performed within twelve hours of a 2 -year and 100 -year storm event for
three years. Woodard & Curran is now responsible for the water quality reports and will submit the sampling
results every four months until a full Certificate of Compliance has been issued.
A partial Certificate of Compliance was issued in 2011 but the Order was left open to allow for the quarterly
inspections of the catch basin.
The Mansfield Youth Baseball has been reviewed and signed by Town Counsel. The Commission signed the
contract. The document will be sent to Recreation Commission and Mansfield Youth Baseball to be signed.
7. Adjournment
Motion to adjourn at 8:15 pm: Mulkern /Smith 5 -0.
Next meeting will be August 19, 2013 at 7:00 pm.
Joseph Mul ern, Chairman Date