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HomeMy WebLinkAboutCONSERVATION05202013_201307171001Mansfield Conservation Minutes May 20, 2013 Present: Joseph Mulkern, Chairman; Michael Healey, Vice Chairman; Christopher Marcheselli; James Turnbull; Jack Smith; Carole Matthew; Magdalena Lofstedt, Environmental Scientist and Consultant to the Conservation Commission. Meeting called to order at 7:00 pm. Discussion concerning a nature trail on East Street: Fourth grade science teacher: Told the Commission she would like to re- establish a trail between the Robinson and Jordan Jackson Schools that has become very overgrown. She explained there are four major habitats along this path: a forest, a vernal pool, a swamp maple forest and a meadow. She would like to delineate the trail by adding mulch, clean out the vernal pool and prune back the vegetation to make the trail more accessible. She said Flint Farm has offered to donate the mulch and she would like to add four sign posts with flat surfaces where students can create information sites, with habitat signs and add information about plant and animal life in and around the trail. She said The Home Depot has offered to help with this cost and an employee has volunteered to make and install the posts. She said a portion of the planks added to the little swamp area to create walkways needs to be replaced She said an outdoor classroom built about ten years ago by high school students also needs work and this, along with certifying the vernal pool, will be included in the second phase of the rehabilitation of the area next year. Ms. Lofstedt said this project would be considered maintenance but said the mulch should be kept to a minimum. She asked about the pruning of the overgrown vegetation. Teacher said a small amount of mulch will be used to delineate the sides of the trail and only overgrown brush and tree branches obstructing the trail will be removed. She would like to start the work the last week of the school year so the students can help. Teacher said at some point a lesson plan will be developed and the area will be used to teach the students about the environment in an outdoor classroom setting. Mr. Mulkern asked that the Commission be notified when the work starts and when the project Is finished. Certificate of Compliance: New England Power Co., Town of Mansfield Electrical Department, Bird Road East Mansfield Substation, Map 39, Parcel 39 -38. DEP #211.0846 Chris Cox from the Mansfield Electric Department was present Ms. Lofstedt said a written statement needs to be submitted certifying compliance with the Order of Conditions and the plan. During a site inspection on May 14, 2013, she observed the following: Tire ruts at the base of the planted slope along Bird Road - this area should be re- graded and mulched; a mound of soil by the existing high voltage transmission tower should be removed; a portion of the sloped area does not show much growth and this area should be reseeded. Mr. Cox said this area would be hydro- seeded within the next two weeks. Ms. Lofstedt said the majority of the plantings are in good condition, however some of the plants have been uprooted and should be replaced or replanted: replace 1 dead blue holly, replace /replant 1 uprooted arrow -wood and 1 Brower's beauty and a Chinese juniper is falling over and needs to be stabilized; the pile of hay bales should be removed and hay bales in areas that have been planted and mulched should also be removed and the trash in the adjacent wetland should be removed. Mr. Cox said the property the wetland system is on is not part of the substation. Ms. Lofstedt said the Certificate of Compliance should not be issued until all items listed have been corrected and a statement prepared by a Professional Engineer, certifying compliance has been submitted. Certificate of Compliance: Alexandria Real Estate, Inc., 130 Forbes Boulevard, Map 44, Parcel 222. DEP #211 -0845. David Mackwell, Senior Associate from Kelly Engineering Group, Inc., representing John Pauly of Alexandria Real Estate, was present. Mr. Mackwell explained the Order of Conditions was issued for the expansion of the parking lot and an upgrade to the stormwater management system. He said part of the project included the restoration of the buffer zone area and wetland enhancement in exchange for some pavement In the 25 -foot no disturb zone. Mr. Mackwell said all the work has been completed; the wetland enhancement and the buffer zone restoration and barriers have been successful. Ms. Lofstedt said the wetland restoration area looks good. She reviewed the post construction monitoring report from Eco Tech and agreed with their findings. She did find some mortality among the shrubs planted in the buffer zone - three silky dogwood and two northern arrow -wood. She said it appears the shrubs did not survive because they were planted too far up the slope of the buffer zone but there is an 80% survival rate. Mr. Mackwell said hundreds of plants were planted in the restoration area. He said part of the project was the removal of invasive species within the wetland and this has been done. Ms. Lofstedt recommended the Certificate of Compliance be issued. Mr. Healey made a motion to accept the request for a Certificate of Compliance for 130 Forbes Boulevard, DEP #211- 0845. Mr. Smith seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:20 pm. Request for Determination of Applicability: Michael T. Bulman, 66 West Street, Map 26, Parcel 66. Michael Trowbridge of Hutchins - Trowbridge Associates was present. The RDA was filed for the installation of a 4'x4', non - illuminated sign on an existing paved area within 100 feet of the Rumford River. The work will be outside of the 50 -foot buffer and the two 12" wide footings will be dug by hand. He said erosion controls will not be necessary. Mr. Healey made a motion to accept the RDA and Issue a Negative 3 Determination for 66 West Street, "Zoning Plan 66 West Street ", dated March 25, 2013, signed by Michael A. Trowbridge, P.L.S.; B USGS; C Firm Flood. Mr. Turnbull seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:24 pm. Request for Determination of Applicability: Helen Bielan, 900 South Main Street, Map 16, Parcel 13. Nancy Pimental, Mrs. Bielan's daughter, explained the yard has not been maintained for the last several years and three or four large bushes, some of which have grown up in a garden area, need to be cut back or removed. A small area along the water's edge needs to be cleared of brush and two trees that fell during this past winter. Mrs. Pimental would like to plant Wild Iris in these areas. All the proposed work will be on a landscaped area approximately 50 feet from Norton Reservoir. ' Mr. Healey said the shrubs and the trees in the area between the house and the water have become very overgrown, obstructing the view of the lake and making it impossible to safely get a canoe in and out of the water. Ms. Lofstedt conducted a site visit on May 14, 2013. She said the area along the water's edge is located within a bordering vegetated wetland and the wetland line has not been flagged in the field. The landscaped area where the large bushes are to be removed is located outside the wetland but within 100 feet of the buffer zone. Ms. Lofstedt said the Commission might want to make it a condition that only three shrubs are to be removed from the path leading to the edge of the water. A Northern arrow -wood, a Speckled Alder and a Honeysuckle are the only trees to be removed. Mr. Healey made a motion to accept the RDA for 900 South Main Street and issue a Negative 3 Determination with the condition that the applicant will be allowed to remove the two dead trees in the water and one tree that fell during the winter storms, affecting the ingress and egress at the canoe launch area and three large shrubs on the lawn area. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. The Commission asked Mrs. Pimental to call the Conservation Department when the project is complete so the area can be inspected. Hearing ended at 7:30 pm. Request for Determination of Applicability: City of Attleboro Water Dept., 250 Balcom Street, Map 3, Parcel 94 James Finegan, Woodard & Curran, representing the City of Attleboro Water Department, was present. Mr. Finegan said the proposed work will be on Balcom Street, east of the Wading River but outside of the wetland resource areas. He explained this is part of a project to upgrade the electrical and control systems at the City of Attleboro's two water treatment facilities. The work will include the installation of approximately 100 feet of copper water sample line from the control tank's influent pipe to a vault located east of the southern most building. The pipe will allow a sample of the water to be taken as it comes out of the wells after it has been injected with chlorine, before it goes Into the control tank. This is a means of sending a sample back into the building, allowing the city to monitor the chlorine before it goes into the tank and to make any adjustments necessary to the chlorine levels to insure the water is properly disinfected. The new pipe line will run parallel along the existing pipe line behind the pumping station, on a grassed area that slopes toward a fence area around the water facilities and wetland. He said silt fence and hay bales will be placed between the trench line and the wetland areas. The area will be hydro- seeded and restored to its original condition once the project is completed. Mr. Healey and Mr. Turnbull said they have no concerns with the project. Ms. Matthew said the plan is excellent, identifying all the resource area. Ms. Lofstedt asked how deep the trench would be and said she was concerned about the ground water table. Mr. Finegan said the trench would be six feet deep and two feet wide. He said the water table could be a problem depending on when the work is done. Ms. Lofstedt asked if de- watering would be necessary because there are no de- watering or settling basin details on the plan. Because there is a chance the water table will be reached when the trench is dug, she suggested the Determination be conditioned to require a settling basin. Mr. Finegan said a basin can be added to the plan. Mr. Healey made a motion to accept the RDA and issue a Negative 3 Determination for the City of Attleboro, 250 Balcom Street, as shown on the plans — Figure 1: Wading River WTP Water Sample Line Locus Plan,. dated March 2013; Sheet C -201 & 301 Wading River WTP Water Sample Line Civil Site Plan & Civil Details, dated September 2012; Figure 2: Wading River WTP Wetland Resource Area Boundaries, dated April 26, 2013, with the following conditions: erosion controls are to be placed as shown on the plan, Sheet C -201, and the disturbed areas are to be Ioamed and seeded when the project is completed; in the event that groundwater is encountered, a siltation basin is to be installed. Mr. Marcheselli seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:35 pm. 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, and loaning and seeding within 100 feet of bordering vegetated wetlands and in the Riverfront Area of Hodges Brook. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. explained there are a number of wetland resource areas located on the property: Hodges Brook, 100 -200 foot Riverfront Area, bordering vegetated wetlands that are located east of the property and the 100 year flood zone. He said the applicant is proposing to expand an existing deck on a grassed area which will require a variance from the Zoning Board of Appeals. They are also proposing to widen the driveway to make a second parking area and would like to add crushed stone in an area beside the house for boat storage. Mr. Trowbridge said approximately 1.5 feet of fill will be added to a low area to the north of the house, several trees removed and the area loamed and seeded. Mr. Trowbridge said all the work is outside the protected areas with the exception of the Riverfront Area. The drainage for the driveway will be a sub - surface trench located on the north side of the house, to prevent any flooding into the existing garage. Ms. Lofstedt's comments: The Riverfront Area is shown correctly on the east side where the tree clearing is to occur but incorrectly in the area of the deck; the distance from the top of bank of the perennial stream to the existing house is approximately 108 feet. She said the Mean Annual High Water Line was not flagged in the field where the brook turns toward the house so the Riverfront Area actually comes closer to the house. Ms. Lofstedt said a discussion how this project meets the Performance Standards for work in the Riverfront Area was not Included with the application but this project would have to comply with the Performance Standards for previously developed Riverfront Area. She suggested Mr. Trowbridge go through the Performance Standards step by step to show how this project complies or does not comply. She said it is not noted in the Notice of Intent that trees will be removed in the Riverfront Area Ms. Lofstedt said the applicant is proposing to increase the impervious areas. She said the applicant is only allowed to alter 10% or 5,000 square feet, whichever is greater, of the total Riverfront Area but is proposing an alteration of 24 %. She explained to Mr. Trowbridge that when calculating the alteration in the Riverfront Area, you have to take the entire lot, counting the house and existing driveway, and when the expanded driveway is included, it has to be 10% or less. She said some of the Information on the Notice of Intent is incorrect; alteration to the Riverfront Area is not checked and the date of the Estimated Habitat Atlas is listed incorrectly; the Atlas was published in 2008 not 2013. She asked how the Commission feels about removing the Maple trees and re- grading in the Riverfront Area. She said you cannot alter the Wildlife Habitat. Mr. Turnbull said the trees to be removed in the Riverfront Area are not shown on the plan. Mr. Trowbridge said some of the trees are very close to the house and Ms. Lofstedt said the trees could be removed if there are safety concerns. She said the Commission might consider allowing the removal of some of the trees so the applicant can plant vegetable garden. Mr. Trowbridge said the applicant would like to add a fence along the entire property line and asked if this would be an issue. Ms. Lofstedt said she does not see a problem with the fence as long as it does not Impede wildlife. Ms. Lofstedt said the application deficiencies need to be addressed before an Order of Conditions is Issued. Mr. Healey made a motion to continue the application for a Notice of Intent for 6 Carol Road, DEP #211 -0903. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:46 pm. 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., representing Mr. Cunningham, was present. Mr. Trowbridge said an RDA was filed in November 2011, and received a Positive 5 Determination; the project as designed was denied, requiring a Notice of Intent be filed. A letter dated November 14, 2011 from Natural Heritage states this project will not adversely affect the actual Resource Area Habitat of state - protected rare wildlife species and will not result in a prohibited "take" of state - listed species. Mr. Trowbridge said he would like to hire a wetland biologist to review this project and asked that the Commission consider Dr. John Jahoda, a wildlife biologist as the consultant. Ms. Lofstedt said the wetland delineation was field checked on May 14, 2013 and she has no issues with the delineation. She explained this is a proposed single - family house located outside the 50 -foot buffer zone of a wetland but is within the 100 -foot buffer zone of a wetland identified by the state as a habitat site of state - listed species, both areas that are protected under the Mansfield Wetland Protection By -law. In addition, a vernal pool is present at the end of Roy Road and was documented on April 8, 2013 by Elizabeth Leidhold, the former Conservation Agent, and the information has been sent to NHESP for certification. Ms. Lofstedt said the vernal pool is still awaiting certification but said the By -law does not distinguish between a potential or certified vernal pool. She said this is a large vernal pool with 5 -20 feet of bordering vegetated wetlands adjacent to the pool; the edge of the vernal pool is actually the wetland line. The boundary of the vernal pool needs to be shown on the plan because the Mansfield Wetland Protection By -law does not allow any work within 100 feet of a vernal pool. Ms. Lofstedt said Natural Heritage signed off on the driveway for this project in September 2005, stating that the project will not adversely affect the actual habitat of state - listed rare wildlife species. She said Section 2.6 of the Mansfield Wetland Protection By -law states the construction of a new home within 100 feet of a wetland designated as a habitat site of a state - listed species may be allowed if the state's Natural Heritage Program determines through a site visit that the area is not significant habitat area; a site visit has not been conducted by NHESP. She said the septic design has been approved by the Board of Health. Ms. Lofstedt's recommendations: The project cannot be approved as designed under the Mansfield Wetland Protection By -law since the proposed house is located within 100 feet of a vernal pool; the applicant should add the vernal pool to the plan and move the proposed house out of the 100 -foot buffer zone. She said the project does comply with the Massachusetts Wetland Protection Act. Mr. Trowbridge said the house has already been approved by Natural Heritage; in a letter dated November 14, 2011, NHESP File No.: 11- 30196, NHESP determined that the project as proposed will not adversely affect the resource area habitat of state - protected rare wildlife species. This letter also notes that NHESP reviewed and approved the driveway under NHESP Tracking No. 05 -18512 in 2005. Ms. Matthew asked if Lot 2 is the only portion of the property Mr. Cunningham plans to develop. Mr. Trowbridge said there is another approved lot but Mr. Cunningham only owns Lot 2. He said this property was originally approved as a residential compound with the back land donated to the town for open space to protect the vernal pool. Ms. Matthew said a consultant hired for this project would have to at least meet the state requirements. Mr. Trowbridge said Dr. Jobada is a professor in the Department of Biological Studies at Bridgewater State University and has been accepted by the Commission In the past as a consultant on a Winslow Way project. Mr. Marcheselli asked that Mr. Trowbridge submit Dr. Jahoda's information to Ms. Lofstedt for review. Mr. Mulkern made a motion to continue the Roy Road hearing. Mr. Healey seconded the motion. Motion passed 6- 0-0. After -the -Fact Notice of Intent: Daniel Baublis, 20 Jason Lane, Map 33, Parcel 79. DEP #211 -898 The After - the -Fact Notice of Intent was filed to restore an area within the 100 -foot buffer of bordering vegetated wetlands, an ACEC, the Canoe River, and an Estimated Habitat of Rare Wildlife. An Enforcement Order was issued on September 17, 2012 because vegetation had been removed, the area graded and fill /gravel placed within 100 feet of a resource area which is a tributary of the Canoe River, within an ACEC, and within an area mapped as potential habitat for listed endangered species without a permit from the Conservation Commission. Mr. Baublis was asked to submit a restoration planting plan to accompany a Notice of Intent to replant the area with native species of vegetation and a proposal to remove the fill material. Mr. Baublis explained there is a detention basin located on the eastern portion of the property that is for the entire Jason Lane area. He said 23 years ago he was given permission to put a vegetable garden in this area, and recently replaced the garden with a dog run, grading and adding gravel. He said he would like to leave the gravel in place and add a fence, but if this Is not possible, he will remove the gravel and restore the area. He said he would like to continue maintaining this area by clearing the overgrown vegetation and trees because the town has abandoned the property from a maintenance perspective and if he had not been cutting the trees and vegetation for the past 23 years, the swale would have disappeared and would not be functioning as a detention basin. Mrs. Baublis said they are only changing the use of this area; they removed the loam added for the garden and added soft pea stone for the dog run. Ms. Lofstedt said Richard Alves, the Town Engineer, has reviewed the application said it is a change of use and would not be considered a maintenance project. He is against having the dog run in this area because he is concerned about fecal coliform from the dog feces leaching into the wetlands. Mr. Baublis said there is a raised berm behind the tree line that is approximately three feet above the flat part of the detention basin. Ms. Lofstedt said she does not think this project can be allowed because it is a stormwater basin. She said three inches of gravel has been added to the detention basin and the gravel should be removed to below existing grade and the area learned and seeded with an erosion control seed mix. Erosion controls should remain in place until these areas have been reestablished. Mr. Healey said the dog run would change the functionality of the stormwater management system. Mr. Mulkern said a structure is being placed inside a detention basin, something the Town Engineering and the Planning Board does not allow. Mr. Turnbull said Mr. Baublis should not be maintaining the drainage easement on the property. Mr. Baublis said the Notice of Intent was filed for the removal of the gravel, restoration of the area and the continuing maintenance of this area, within the outline of the detention basin. Mr. Healey made a motion to accept the After - the -Fact Notice of Intent for 20 Jason Lane, DEP #211 -0898, and issue an Order of Conditions for the removal of the gravel from the detention basin and restoration of the area with switchgrass or other native grasses. (Plan — As -Built Plan and Profile of Jason Lane, dated June 21, 1991, RIM Engineering Co., Inc. Ralph I Maloon, P. E.) Mr. Smith seconded the motion. Motion passed 6 -0 -0. Hearing ended at 8:23 pm Notice of Intent: Colleen Wade, 1779 West Street, Map 2, Parcel 363. DEP #211 -0901 Ralph Maloon, RIM Engineering Co., Inc., representing the homeowner, was present. Mr. Maloon said the existing house will be removed and a new 42'x45' home built with a wrap- around deck, driveway, septic system, retaining wall and related grading. He said this is a large property with many house lots that share a common driveway and asked that the Commission accept the 25 -foot no touch instead of the full 50 -foot no touch. He said the proposed house has been moved 28.3 feet off the Top of Bank Ms. Lofstedt said a revised plan was submitted on May 10, 2013. She said the Top of Bank has been revised; the Mean High Water Level was originally marked at the waters edge and has now been moved further back. She said the existing house is 13 feet from the bank and the proposed house will be located 28.3 feet from the bank, outside the 25 -foot no disturb zone but still within the 50 -foot buffer. The 100 -foot flood plain elevation is not shown on the plan. Mr. Mulkern said if the existing house is entirely removed, this project would be consider new construction and held to the 50 -foot no touch but if a portion of the existing house is Incorporated into the new structure, it will be considered a renovation and held to the 25 -foot no touch. Mr. Healey said this was required for a previous filing under similar circumstances on the advice of Town Counsel. Architect Stephen Nelson of Nelson Associates asked if 50% of the existing house or only a portion of a wall would have to be retained. Mr. Smith said he was required to keep only a two -foot section of an existing house when he built a new house on a lake in Carver Mr. Healey told Mr. Nelson to submit a revised plan showing the footprint of the new house over the existing house and the portion of the existing structure that will be incorporated into the new house. Mr. Healey made a motion to continue the hearing for 1779 West Street. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. Hearing ended at 8:30 pm Notice of Intent: Tim Bobola, "Lincoln Place ", 253 Branch Street, Map 34, Parcel 58. DEP #211 -0900. The Notice of Intent was filed for the construction of a 10 -lot residential subdivision and grading on lots 5, 6 and 7 falling within the 100 -foot buffer zone. Ralph Maloon, RIM Engineering Co., Inc., was present. Ms. Lofstedt said the applicant was asked to submit a revised plan with additional wetland delineation and a revised plan was received May 13, 2013. She reviewed the new delineation of the wetland adjacent to Lots 5 and 6 and also checked the Isolated Land Subject to Flooding, located in the previous ANRAD. She does not agree this is an isolated wetland because it is hydrologically connected to the Back Bay Brook and therefore is a bordering vegetated wetland. She does not have any issues with the delineation of the wetland areas closest to Lots 5, 6 and 7 because the 25 ft. no disturb zone and the 100 -ft buffer zone will remain the same but asked that the flags on the back side of the brook be changed. Rather than have this area reflagged, she recommended that the flags on the back side be removed from the plan. She asked that flag 5A be removed and 4A and 6A be connected and flags 11C -23C be removed from the plan because these flags will not affect the development. Ms. Matthew asked that "Environmentally Sensitive Area — Do Not Disturb" signs be installed at the 50 -foot setback on Lots 5, 6 and 7. Mr. Healey said these signs are to be permanent and suggested the signs be placed on Lot 7 at flags 11C, 6C and 1 C and on Lots 5 and 6, at flags 13A, 8A and 3A. He said the signs should be placed on metal posts in concrete. Mr. Healey made a motion to accept the Notice of Intent, DEP #211 -0900, for Lots 5, 6 and 7 at 253 Branch Street, plan, "Definitive Wetland Filing Plan for Lincoln Place, a Conventional Subdivision in Mansfield, MA ", revision date March 28, 2013, RIM Engineering Co., Inc. , for the "Lincoln Place" subdivision with the following condition: permanent "Environmentally Sensitive Area — Do Not Disturb" signs be placed at the 50 -foot buffer line on metal posts at flags 11C, 6C and 1 C (Lot 7) and flags 13A, 8A and 3A (Lots 5 and 6). Ms. Matthew seconded the motion. Motion passed 5 -0 -1. Hearing ended at 8:50 pm Other: A. Discussion with Attorney Edward Valanzola and Tim Powers, Project Manager, Land Strategies, LLC, concerning an insignificant change to the plan of record for 321 -339 School Street, DEP #211 -0860: Attorney Valanzola represents developer and owner Sam Park and Company, Mansfield Commons Investments LLC. Mr. Smith recused himself. Attorney Valanzola said a Special Permit to develop this property was Issued by the Planning Board in October 2010. An Order of Conditions was issued in November 2010. In September 2012, the project was presented to the Mansfield Planning Board to request a minor change to the project. At the review hearing, the change presented to Building "A" and its associated parking was determined to be "insignificant" and approved by the Planning Board. Attorney Valanzola said Building "A" would be approximately 15,000 square feet, with Building "B" having 30,000 square feet on three levels. He said much of the buffer areas have already been disturbed and the modification would not create an increase in impervious area on the site. Once the building application was filed, it was sent to Conservation for review. Attorney Valanzola said under statute, the By -law and Mass. General Law, it is not required that Conservation sign off on a building application before the permit can be issued. He said Elizabeth Leidhold, the former agent, asked that the Commission be allowed to review the plans; plans and correspondence were provided and Attorney Valanzola asked that Ms. Leidhold make a determination that a new hearing would not be required because the change was Insignificant and that a new Order of Conditions was not necessary. He said the Permit Extension Act of 2010 extended the Planning Board Special Permit and the Order of Condition to 2014. Attorney Valanzola said he is not asking for a new Order of Conditions because the Order issued in 2010 is still in affect. Mr. Mulkern told Mr. Powers the Commission never received the plan presented to the Planning Board and the Building Department for review in 2012. He said the Commission was not trying to delay the project, they only asked that any changes to the plan of record be presented to them for review. He told Mr. Powers he only needed to submit a plan stamped by a professional engineer, showing the modifications. Mr. Turnbull said it is in the Wetland Protection Act and the Town of Mansfield's Wetland Protection By -law that it is the applicant's responsibility to have the due diligence to file a change of plan. Mr. Powers said as final design changes and tenant needs, the building on the right, Building "A ", has been angled to align with the property line, causing the parking area In the front of the building to be pushed back, resulting in a change to the impervious area within the buffer zone only. He said the second concern would have been stormwater but because there is no net increase over the whole site, the stormwater does not change Attorney Valanzola said the Commission only needs to make a determination tonight that this is an insignificant change under the current Order of Conditions. Ms. Lofstedt said she does not believe this is an Insignificant change and said the applicant should file a Request to Amend the existing Order of Conditions, with a letter explaining the changes and stamped /signed plans. Mr. Mulkern said when Mr. Valanzola asked Ms. Leidhold in March to determine if the change was minor, she recommended that the applicant come before the Commission to review and discuss the changes to the original plans because she did not feel comfortable signing off on the building permit. He said Attorney Valanzola decided not to present the changes to the plan to the Commission. Attorney Valanzola said this is not true, he planned to come to the meeting in April, but asked for a continuance because of an emergency. Mr. Healey said he is in favor of the project but under the Wetland Protection Act an applicant is required to submit a stamped plan which becomes the plan of record against which the Certificate of Compliance would be evaluated. Attorney Valanzola said the Building Department has issued a permit, allowing the work to begin. He is asking that the Commission vote that the changes are insignificant. Ms. Lofstedt said when you are amending an Order of Conditions, you are required to advertise and notify the abutters. She said the Commission cannot vote tonight because this is not an official public hearing, it is only an informal discussion. Attorney Valanzola said a stamped plan will be submitted but he does not think a new hearing or re- advertisement is required; this would invite abutters and other people to come forward, creating a new appeal period as required by law. Mr. Mulkern asked Ms. Lofstedt to check with DEP as to how the Commission should proceed and also suggested Town Counsel be consulted. Mr. Valanzola asked to be added to the June agenda. B. Need to check to see if the Mansfield Youth Baseball contract and the Community Garden contract were approved by Town Counsel. The Mansfield Youth contract still needs to be signed by the Recreation Commission. The Community Garden contract in the file is a copy with only the Commission's signatures; will contact Hockomock Area YMCA. C. The Community Garden entrance sign will be ordered. Because the Community Garden was sponsored by a member of the Board of Selectmen, Mr. Mulkern suggested they be responsible for the cost of the sign. D. 3 Kybren Circle, DEP If 211 -0881: The homeowner applied for a Certificate of Compliance in September 2012 but it was never issued because the signs required in the Order of Conditions were never properly installed; 4 permanent signs were to be placed every 25 feet on metal posts but one sign is hand -drawn and was placed on a hay bale and one sign was placed behind a stockade fence. The Commission asked that Jane Cote of Easton Pool and Spa be contacted about the signs. Mr. Healey made a motion to continue the discussion regarding 3 Kybren Circle. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. E. Mr. Mulkern made a motion to approve the minutes of April 22, 2013 as written. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. F. Mr. Turnbull mentioned the Commission received a letter from Troop 51, extending an invitation to the ceremony on June 2, 2013 for Nicholas DeMassi who has attained the rank of Eagle Scout. Mr. DeMassi s leadership project was focused on trail maintenance in the Mansfield York Conservation Area near Branch and Ware Streets. A plank crossing was replaced with a sturdy bridge with hand rails and three existing trails were marked and a new map was created of the hiking area. The Commission discussed recognizing Mr. DeMassi with a letter or proclamation. Mr. Turnbull will look into this. G. Mr. Healey said the Conservation Department received a complaint regarding 946 West Street. An excavator on site was digging and pushing debris into the wetlands. Mr. Healey drove by the site and said they have disturbed the back yard by re- grading and adding patio blocks. He said the wetlands are on a property abutting 946 West Street. Mr. Smith said he will into the complaint. H. 119 York Road: Because the contractor did not place the hay bales properly, the fence cannot be installed according to the plan of record so the homeowner wants to install the fence on the resource side of the hay bales. Mr. Healey said the pool is in but the fence has not been installed. 1. Mr. Healey was told by William Ross that Town Counsel has not completed the review of the Rules and Regulations. J. Mr. Marcheselli discussed 1779 West Street and the previous filing for Mill Street: He said the Commission might want to better define new construction as opposed to a renovation. He said the Planning Board has a redevelopment by -law and with all the redevelopment in town and the fact that older homes are being torn down and new homes built, the Commission might want to consider adopting a similar by -law. Mr. Healey said the current draft of the Rules and Regulations does not address this issue. Mr. Marcheselli said redevelopment is allowed in the Riverfront; an existing structure can be razed and a new structure built, but asked if this would be considered new construction. Ms. Lofstedt said if the lot has already been developed and there is an existing dwelling, a new house can not be put any closer to the Riverfront Area than the existing dwelling and you have to leave the unaltered area intact. Mr. Marcheselli said if the house on West Street had been destroyed by fire, the owner would be allowed to re -build the house in the exact footprint. Adjournment: Motion to adjourned at 9:30 pm: Mulkern/Healey. Passed. NextMeetlitgnr be June 17, 2013. r Joseph Mulkern, Chairman Date