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HomeMy WebLinkAboutCONSERVATION06172013_201307171002TOWN OF MANSFIELD CONSERVATION MINUTES JUNE 17, 2013 Present: Michael Healey, Vice Chairman; Christopher Marcheselli; James Turnbull; Jack Smith; Carole Matthew; Magdalena Lofstedt, Environmental Scientist, CDM Smith, Inc.; Katelyn Merrill, Conservation and Environmental Planner. 6:45 PM Discussion about maintaining Conservation Land: Lou Andrews, President of NRT and Colin Cauldwell were present to talk about the need for maintenance on Conservation land. Mr. Andrews said the NRT has been soliciting grants and with volunteers from NRT and the Boy Scouts, have tried to get the trails back in shape, but last winter caused serious damage to all the trails in town. He said NRT has addressed a lot of the problems using volunteers but said it is time for the Conservation Commission, since they control the land, to take some action to help get the trails back in shape. Mr. Andrews said the Marie Streese Memorial Conservation Area needs a small boardwalk on the main trail to allow residents access to the property and he asked that the Conservation Commission help defray some of the cost of building the walkway. Mr. Andrews asked that the Commission purchase 200 markers in six different colors to mark the trails. The markers will cost approximately $700.00. Mr. Andrews said NRT will provide the resources to have the markers installed on the trails. To standardize the entrance signs to sites with trails, Mr. Andrews asked that two signs, 18 "x18 ", be purchases and paid for by the Commission. Mr. Cauldwell said there is a potential trail (Blue) in the Great Woods from the Orange Trail, extending to the intersection of the Red and White Trails. He said NRT will contract with AmeriCorp to clear and establish the 1% mile Blue Trail. AmeriCorp will provide volunteers and the work will take two weeks /180 hours, with a minimum cost of $5,500.00; he asked that the Commission contribute money for this work. He said NRT will mark the trail by GPS and will file a Request for Determination of Applicability because of the resource areas in this area. He explained conservation trails are exempt from the By -law but there would have to be precautions taken to prevent any alteration to the resource areas. He said this is a well used area and a great asset to the Town of Mansfield. He said last fall a 250 -foot boardwalk was constructed on the Red Trail with contributions from the Mansfield Gift Fund and labor from the NRT. Mr. Andrews said he would get the AmeriCorp information to Ms. Merrill. Mr. Cauldwell said in 1965 control of Fulton's Pond was given to the Conservation Commission. He said the area needs work because gravel from the parking lot is eroding into the pond and the area has become vegetated with invasive species such as purple loose- strife and yellow flag iris as well as trees. He explained it will be a major project to restore the bank, involving a wall and plantings and making the area handicap - accessible. He said a similar project was done in front of the Mansfield Green by volunteers from the Garden Club, and a private landscaping company; a wall was installed and trees and deciduous and flowering shrubs were planted. He said the Garden Club has started to do some plantings around the pond and it would be nice to have some trees planted along the shore line, maybe even incorporate a dock. With volunteers from the Garden Club, the Mansfield Beautification Committee, NRT and the Conservation and the Recreation Departments, the improvements needed could be done. 1 Mr. Andrews told the Commission NRT is now the owner of the remaining undeveloped land at Lincoln Place on Branch Street. The land has a lot of established trails and abuts Rails to Trails. Mr. Andrews said NRT will provide access from Rails to Trails to this parcel. He said NRT would like to start this project this year. Mr. Turnbull made a motion to approve the purchase of the trail markers and two entrance signs with the cost not to exceed $700.00. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Request for Certificate of Compliance: William McDevitt, 7 Marjac Way, Map 42, Parcel 84. DEP #211 -0728. William McDevitt was present. An Order of Conditions was issued July 26, 2005 for an in- ground pool within the 100 -foot buffer of bordering vegetated wetlands. Ms. Merrill and Mr. Healey looked at the site today. One of the special conditions was that the fence and hay bales were to remain at the 25 ft. no disturb line. Ms. Merrill said all the gravel seemed to be holding fine and there were plantings along the bank for stabilization. Everything is complete. Mr. Turnbull made a motion to issue a Certificate of Compliance for 7 Marjac Way, DEP #211 -0728. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:18. After - the -Fact Request for Determination of Applicability: Thomas Souza, 888 South Main Street, Map 16, Lot 14. The After - the -Fact RDA was filed for the clearing of brush, poison ivy and trees from an abandoned roadway (Old South Main Street) and bridge, within the 100 -foot buffer of bordering vegetated wetlands and the 200 -foot Riverfront, the Rumford River. Ms. Lofstedt and Mr. Healey conducted a site visit to this property on May 22, 2013 after receiving a report of vegetation clearing on this property. Brush had been recently cleared along both sides of the existing access road down to the bridge across the Rumford River. In addition, an 8 -inch diameter elm tree along with saplings had been cut down on the bank of the Rumford River. Mulch, sandy gravel and flat stones had been placed in the 25- foot no disturb zone and on the bank to make a path down to the river's edge for canoe access. A trailer had been parked at the end of the access road and there were piles of soil and woody debris adjacent to the bordering vegetated wetland, the result of clearing the access road of limbs and branches that had accumulated over time. Mr. Souza said he was contacted by L.L. Bean and the Mass Audubon Society who wanted to use this area for fishing and as a kayak and canoe launch site to the Norton Reservoir. He said he checked with various people in the town and understood that he could not disturb anything within the 25 ft. area, but a tree had fallen over the bridge during a winter storm and had become a safety hazard. The tree was removed and Mr. Souza also removed brush and poison ivy from the abandoned roadway (Old South Main Street) that had not been used in 25 years. Ms. Lofstedt said soil has been exposed at the site, brush and tree limbs have been removed along the backside of Old South Main Street and the roadway widened by 6 -10 feet. It appears that sand has been placed along the bank for the canoe access point. She recommends that the brush and tree limbs be removed and the soil stabilized because it is very close to the wetland resource areas. She said the bank is fairly stable because not a lot of vegetation was removed. The area along the roadway should be seeded with an erosion control mixture. 2 Mr. Turnbull made a motion to issue a Negative 3 Determination for 888 South Main Street with the following conditions: the brush and tree limbs cleared from the roadway are to be removed, the piles of soil and woody debris adjacent to the bordering vegetated wetland removed and the area cleared by the roadway be seeded with an erosion control conservation seed mix. Mr. Smith seconded the motion. Motion passed 5 -0 -0. (Plans, Untitled Plan of South Main Street Property, Mansfield GIS Plan of Property, dated February 2, 2009 and Mansfield GIS Plan of Property, dated December 7, 2012). Hearing ended at 7:27 pm Request for Determination of Applicability: Michael Bonin and Jerry Perreault, 44 Oak Street, Map 15, Parcel 32. The RDA was filed for the clearing and removal of overgrown brush and vines from the slope in the back yard, approximately 10 feet from the house, the removal of several dead trees which could damage the house and garage if they fell in order to reclaim the original landscaping and the installation of a six -foot privacy fence along the sides of the house and a chain -link fence along the back of the property. Ms. Lofstedt and Mr. Healey conducted a site visit. Ms. Lofstedt said there is a wetland resource area at the base of the slope in the back yard and fill has been placed to create a back yard. She said it is a very steep 2:1 slope and the area is totally overgrown. The homeowners want to clear the vines and low- growing shrubs, and place a privacy fence at the sides of the property and a chain link fence along the back of the property. Ms. Lofstedt said she does not see a problem as long as they do no work beyond the base of the slope into the bordering vegetated wetland. She said there are two dead trees in the resource area past the slope that pose a safety hazard to the house. She said the trees can be cut down but the stumps should not be removed, to keep the alteration to the resource area to a minimum. Mr. Healey said there is a pine tree that also should be removed. Mr. Bonin said the yard is overgrown because no maintenance or upkeep was done for ten years by the previous owner. Mr. Healey asked where the chain link fence would be placed. Mr. Bonin said the fence will be placed at the top of the slope, five feet from where the foliage ends. Mr. Healey said because the resource area is at the toe of the slope, the fence should be placed 1 -2 feet off the lawn area. Ms. Lofstedt said the wetland line was not identified and suggested the homeowner have the line field identified by a professional wetland scientist and then file a Notice of Intent. Mr. Healey said there is an area to the left of the house that Mr. Bonin would also like to clear. Mr. Bonin said he would like to add a swimming pool in this area. Mr. Healey said the swimming pool would required a Notice of Intent because it would be located within 100 feet of the wetland and told Mr. Bonin it might be better to wait to clear this area until they are ready to add the pool. Mr. Healey said the wetland should be delineated because it is possible the wetland line maybe farther away from the proposed activities. Mr. Marcheselli suggested the wetland line be located now because it will be valid for three years. Ms. Lofstedt said the delineation can be extended for an additional three years and suggested the homeowner clear the nuisance vegetation to the base of the slope but no further and have the wetland line delineated because this would have to be done before the pool was installed. 3 Mr. Bonin asked that he be allowed to clear by hand a few feet down to the base of the slope in the back yard and leave the side of the house untouched for now, remove three trees but leave the stumps in place and have the wetland line located, giving him three years to come back when ready for the pool. Mr. Turnbull made a motion to issue a Negative 3 Determination for 44 Oak Street for the clearing of brush to the bottom of the slope using hand tools only, and the removal of three trees; the tree stumps are to be left in place and care taken to keep any alteration of the resource area to a minimum. The chain link fence is to be located at the top of the slope. (Plan, "Arial View of Area to be Cleared "). Mr. Smith seconded the motion. Motion passed 5- 0-0. Hearing ended at 7:50 pm. Request for Determination of Applicability: Linda and George Wallace, 233 Ware Street, Map 32, Parcel 39. The RDA was filed for the replacement of an above - ground swimming pool with a new wooden deck and fence along the left side of the property (along Bernie's Way). The swimming pool will be located along the west side of the property in the same location as the original pool. Mr. and Mrs. Wallace were present. Ms. Lofstedt and Mr. Healey conducted a site visit. The homeowner will replace an existing 24 -foot above - ground pool with a new pool of the same size with wooden decking and a fence on a maintained lawn within the Riverfront Area. Ms. Lofstedt said she has no issues with the project but erosion controls should be placed at the end of the lawn area. Ms. Wallace was given permission to use staked wattles instead of hay bales. The wattles should be inspected by the Agent to make sure they are properly installed prior to the start of work. Mr. Turnbull made a motion to issue a Negative 3 Determination for the installation of an above - ground pool, decking and fence at 233 Ware Street, plan "Plot Plan of Land in Mansfield, MA ", dated June 2, 2013, with the following condition: staked wattles are to be placed 10 feet from the pool area to the back of the property and be inspected by the Agent prior to the start of work. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:55 pm. Request for Determination of Applicability: Alan Madden, 780 Ware Street, Map 35, Parcel 37. The RDA was filed for the replacement of a 24 -foot above - ground pool with a 20 -foot round above - ground pool within 100 feet of bordering vegetated wetlands, the 200 -foot Riverfront and an ACEC. The new pool will be placed in the same location as the existing pool. Mr. Madden was present. Ms. Lofstedt and Mr. Healey looked at the site. She said the pool will be located on existing lawn, approximately 93 feet from the resource area and does not see any issues with the project. She said erosion controls will not be necessary. Mr. Madden said the new pool will be installed in the same location as the existing pool but the new pool will be smaller to conform to the new building code and be farther away from the septic system and the neighbor's yard. M Mr. Turnbull made a motion to issue a Negative 3 Determination for 780 Ware Street, Map 35, Parcel 37 for the replacement of an above - ground pool, plan "Plot Plan of Lot 1, Ware Street, dated October 24, 2001 and Mansfield GIS Viewer, dated June 5, 2013. Ms. Matthew seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:56 pm. Notice of Intent: Jeffrey Goldman, 6 Shea Circle, Map 37, Parcel 280. DEP #1211 -0904 The NO1 was filed for the installation of an in- ground pool, patio, and a fence within the 100 -foot buffer zone and an ACEC, the Canoe River. Siltation controls are to be staked in place prior to any disturbance of the work area and are to be maintained until all work is completed and the area has been grassed and stabilized. David Hobaica, Easton Pool and Spa and homeowner Kim Goldman were present. Mr. Hobaica said an 18'x36' in- ground pool is proposed with associated decking and fencing and all work will be outside the 50 -foot no touch area. He said they have explored all the options for the placement of the pool but the property is surrounded by wetlands. He said the pool cannot be moved closer to the house because there is an existing patio and a propane tank. The proposed location will cause the least impact to the buffer zone. Ms. Lofstedt and Mr. Healey reviewed the delineation; everything is outside the 50 -foot no touch zone and sedimentation and erosion controls are shown on the plan. Mr. Healey asked about the filtration for the pool. Mr. Hobaica said it will be a cartridge filter, requiring no backwashing. Ms. Matthew said the Order of Conditions from a previous filing required that three signs be placed between the house and the vernal pool but required no signage on the side with the pool. She suggested one sign be placed at the edge of the 50 -foot no touch. She asked that it be noted in the Order of Conditions that there be no further encroachment into the 50 -foot area. Ms. Matthew asked that Frog -logs be installed in the pool to prevent amphibians from drowning in the pool. Mr. Marcheselli asked if the signs are required by the By -law. Ms. Matthew said no but the Commission has consistently required the signs. Mr. Marcheselli said the applicant should be aware that the signs are not required, that the Commission is asking that the signs be installed. Ms. Matthew said the Commission can require the signs because it is in the state regulations as part of the protection of the resource areas. Mr. Healey said the signs can be required at the discretion of the Commission. He said there have been many homeowners before the Commission who have done work in the no touch area because they were unaware they were not supposed to work within these areas. The present owner knows where the resource areas are but a new owner would not necessarily know this and the signs help prevent the encroachment into the protected areas. Mr. Hobaica asked that the "no further encroachment in the 50 -foot area" be clarified; does this mean the homeowner can not come before the Commission to do anything else such as a swing set, etc. up to the 50 -foot no disturb area or can they work within the 100 to the 50 -foot area? Ms. Lofstedt said yes, work can be done within the 100 to 50 -foot area. Mr. Turnbull made a motion to issue an Order of Conditions for 6 Shea Circle, Map 37, Parcel 208, DEP #1211 -0904, for an in- ground pool as shown on the plan, "Proposed In- Ground Pool Location Plan at HSE. No. 6 Shea Circle in Mansfield, MA ", dated May 13, 2013, RIM Engineering Co., Inc., with the recommendation that one sign be placed at the 50 -foot no touch zone on the pool side of the property, Frog -logs be installed in the pool, and it be noted 5 that there be no further encroachment in the 50 -foot no touch area. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:05 pm. Notice of Intent: Colleen Wade, 1779 West Street, Map 2, Parcel 363. DEP #211 -0901 The Notice of Intent was filed for the razing of the existing dwelling and the construction of a new dwelling including a wrap- around deck, driveway, steps, septic system, retaining wall and related grading within 100 feet of bordering vegetated wetlands. Stephen Nelson, of Nelson Associates, and homeowner Colleen Wade, were present. Mr. Nelson said the plan has been revised to show the area of the existing house that will be retained so the project can be considered a renovation. Mr. Healey said the plan notes the existing pump chamber will be re -used if possible; does this mean it will be picked up and moved to a new location. Mr. Nelson said yes, it will be re- located. Mr. Healey said it is a net benefit to have the proposed house over 28 feet from the resource area. He said the proposed siltation controls are shown on the plan but additional erosion controls may be needed around the existing house when it is razed. He suggested that the additional erosion controls be added at the same time as the proposed erosion controls. Mr. Nelson agreed. Ms. Merrill asked if there is a plan for what will be replaced on the ground to stabilize the area once the existing house is removed. Mr. Nelson said the plan is to place pervious pavers under the deck and replace the additional disturbed areas with lawn. Mr. Nelson will submit a detailed plan for the erosion controls. Mr. Healey said the erosion controls should encompass the existing house and a plan should be submitted for the stabilization of the disturbed areas. Ms. Wade was given permission to leave the area between Greenwood Lake and the house in its natural state, without a lawn. Mr. Turnbull made a motion to issue an Order of Conditions for 1779 West Street, Map 2, Parcel 363, DEP #211- 0901, as shown on the plan, 'Proposed House Location at HSE. NO. 1779 West Street in Mansfield, MA ", dated May 28, 2013, with the condition that a detailed erosion control plan and a restoration plan for the disturbed areas be submitted. Ms. Matthew seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:20 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 the proposed grading, fencing, paving of stone driveway area, learning and seeding in the Riverfront Area (previously disturbed area), Hodges Brook and within the 100 -foot buffer of bordering vegetated wetlands. As a representative of Mr. Gallant and Ms. Mallio, Michael Trowbridge of Hutchins - Trowbridge Associates, requested a continuance to the July 15, 2013 meeting in an e-mail dated June 17, 2013. The Commission, the consultant and new agent did not have sufficient time to review the material submitted on June 13, 2013. a Mr. Marcheselli made a motion to continue the hearing for 6 Carol Road to July 15, 2013. Mr. Turnbull seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8: 24 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 the proposed grading, house and septic, within the 100 -foot buffer to bordering vegetated wetlands and an ACEC, the Canoe River. As a representative for Stephen Cunningham, Michael Trowbridge of Hutchins - Trowbridge Associates requested a continuance to the July 15, 2013 meeting in an e-mail dated June 17, 2013. Paperwork was submitted on June 13'h and the Commission was unable to review the information before the meeting. Mr. Turnbull made a motion to continue the hearing for 6 Roy Road to July 15, 2013. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:30 pm. Other: 321 -339 School Street: In an e-mail dated June 17, 2013, the Project Manager for this project, Timothy J. Power, Land Strategies, LLC, requested a continuance to the July 15`h meeting to give him time to file the request to amend the Order of Conditions, notify the abutters and have the request advertised. Ms. Lofstedt said at the May meeting the applicant was asked to file a request to amend the Order of Condition because the change to the plan of record could not be handled as an insignificant change. She said she set up a meeting with Attorney Valanzola to explain the process but he cancelled the meeting. She said she contacted Pam Merril, a MassDEP Circuit Writer, who said the process is exactly what Attorney Valanzola and the applicant were told at the May meeting. She said an "insignificant" change is a typographical error or the scale is wrong on the plan; there is nothing in the Wetlands Protection Act that allows "insignificant" changes to be addressed by correction of the Order. Ms. Merril's e-mail explaining the policy was sent to Attorney Valanzola. Ms. Lofstedt said the change is beneficial because they are decreasing the impervious area but this is a design change. Ms. Merrill said a Certificate of Compliance could not be issued when the project is completed if the plan of record does not match what has been built. Community Garden Sign: The sign was order and received June 4`h. Mr. Turnbull made a motion to pay the bill for $270.00 for the Community Garden entrance sign out of the Mansfield Crossing account. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Three smaller signs — "Environmentally Sensitive Area — Do Not Disturb" - will be order for placement on the 25- foot wetland line. Mr. Turnbull made a motion to approve the purchase of the three signs for the Community Gardens, the cost not to exceed $150.00. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Membership for MACC: Dues are $600.00 Mr. Turnbull made a motion to renew the MACC membership, to be paid out of the WPRA account. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Massachusetts Department of Transportation, Highway Division,1-495 @ Route 140, South Main Street, Exit 11, Highway right -of -way, #f211 -0899: Impaired waters remediation project for the Rumford River, located west of the intersection of Interstate 495 (1 -495) and Route 140, South Main Street. The Order of Conditions issued in April has still not been issued because a Stormwater Management Construction Plan for BMP 4 has not been submitted. The Town Engineer has not received the application and plan for review of the stormwater. Mr. Healey said the Rules and Regulations have not been returned by Town Counsel. The Commission discussed the problem with material being submitted too late for review. Mr. Turnbull and Mr. Healey said some towns typically require paperwork to be submitted two weeks in advance. Mr. Marcheselli asked if there was a time requirement for submittal in the By -law. Mr. Healey said the time frame for submitting material for review is not in the By -law but it should be clarified in the Rules and Regulations. Ms. Merrill said it is policy instituted by a town or city, not policy set by the Wetland Protection Act. Because of the projects on Mill Street and West Street, Mr. Healey said the Commission needs to clarify renovation versus new construction and how the 25- and 50 -foot applies. Adjournment: Motion to adjourn at 9:00 pm: Turnbull /Smith. Motion passed. Next meeting will be July 15, 2013. Michael Healey, Vice Chai an Date i 11 =/3