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HomeMy WebLinkAboutCONSERVATION_12162013_201401151852Town of Mansfield Conservation Minutes December 16, 2013 Present: Joseph Mulkern, Chairman; Michael Healey, Vice Chairman; Christopher Marcheselli; James Turnbull; Jack Smith; Carole Matthew; Katelyn Merrill, Conservation and Environmental Planner. 1. Meeting opened at 7:02 pnn. 2. Request for Certificate of Compliance: Christopher Smith, 9 Buckskin Drive, Map 6, Parcel 155. DEP SE 211 -0886 This project was issued an Order of Conditions on May 21, 2012 for the construction of a single- family dwelling and associated appurtenances within 100 feet of an Isolated Wetland. The original plan was to use the existing cart path as the driveway but the board felt it was too close to the wetlands. Revisions were made to the plan, moving the driveway to the south of the property, further away from the wetlands. The Applicant was to add plantings to the cart path area and Elizabeth Leidhold reviewed and approved the plantings; however, the applicant needed to wait two growing seasons per the Order of Conditions. Due to the poor substrate under the gravel driveway, not all the plantings survived. Ms. Merrill said this area has stabilized and she does not recommend additional plantings because this would cause additional impacts within the Buffer Zone. She said the house and septic system are located within the approved locations and the "Environmentally Sensitive Area - Do Not Disturb" signs have been installed as per the Order. Ms. Merrill recommends the Certificate of Compliance be issued. A Memorandum from Michael Trowbridge, Hutchins- Trowbridge Associates, Inc., states the work has been done in substantial compliance with the Order of Conditions issued May 24, 2012. Plan "As -Built 9 Buckskin Drive Lot 4 ", dated July 20, 2012 and revised November 12, 2013. Mr. Healey made a motion to issue a Certificate of Compliance for 9 Buckskin Drive, Map 6, Parcel 155, under DEP SE 211 -0886. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Mr. Turnbull arrived 3. Request for a Partial Certificate of Compliance: Marjorie G. Fletcher, 631 East Street, Unit 1 -203, Map 33, Parcc120 -22. Heron Crest Residential Condominiums. DEP SE 211 -697 A representative for this hearing was not present. Ms. Merrill said there is nothing in the regulations that states an applicant must be present at the hearing for a Certificate of Compliance (COC). Ms. Merrill noted the condominium project as a whole was issued an Order of Conditions on June 6, 2004 under DEP SE 211 -0697. This is a request for a partial Certificate of Compliance for one unit - 1 -203 - within the Heron Crest Condominium Development (Village Landing LLC). The individual unit was constructed in the approved location and all surrounding lawn areas are stabilized. Ms. Merrill said this partial Certificate of Compliance is needed to close out the encumbrance on the deed so ownership can be transferred. Ms. Merrill explained each unit in the development would have to request individual partial Certificates of Compliance until the original owner requests a complete COC for the drainage system and roads. Ms. Merrill recommended the partial CDC be issued. Mr. Healey made a motion to issue a partial Certificate of Compliance for Marjorie G. Fletcher, 631 East Sheet, Unit 1- 203, Map 33, Parcel 20 -22, Heron Crest Residential Condominiums, DEP SE 211 -697. Mr. Smith seconded the motion. Motion passed 6 -0 -0. 4. Request for Determination of Applicability: Canoe River Farms, LLC, 240 Franklin Street, Map 31, Parcel 47 & 49. The Request for Determination of Applicability was filed for a proposed bum for maintenance equipment needed to maintain the farm. 2,400 square feet of work is within 100 feet of Bordering Vegetated Wetlands, an ACEC and within the Riverfront Area. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. Mr. Trowbridge explained this is an agricultural project and the Applicant is proposing a 40'x 60' barn on an existing lawn to store equipment. He said this project is exempt from the Wetland Protection Act and the Mansfield Wetland Protection By -law. Ms. Merrill noted the topography is Bat and the barn will be on previously established lawn. She said structures less than 4,000 square feet for agricultural use are exempt from the resource area performance standards. There is a chain - link fence between the work area and the resource area. Mr. Trowbridge said there will be minimal grading outside the 25 -Foot No Touch Zone. Erosion controls are shown on the plan along the excavation area. Ms. Merrill recommends a Negative Determination for reason #5 (agricultural exemption) be issued with the on -going condition to maintain the proposed silt fence throughout the barn construction and stabilization of the surrounding work area and that the Agent be notified when the work starts. Mr. Healey made a motion to issue a Negative Determination for reason #5, an agricultural exemption, for Canoe Rive' Farms, LLC, 240 Franklin Street, Map 31, Parcel 47 & 49, for the proposed barn for maintenance equipment as presented on the Plan, "Conservation Plan Canoe River Farm 240 Franklin Street (Proposed Garage), dated February 7, 2012, Hutchins - Trowbridge Associates, Inc, with the ongoing condition to maintain the proposed silt fence throughout the barn construction and stabilization of the surrounding work area and notify the Conservation Agent prior to the start of work. 5. Notice of Intent: John & Phyllis Stanovitch, 200 Old Elm Sheet, Map 6, Parcel 59. DEP SE 211 -0913 The Notice of Intent was filed for the construction of a new house, septic, utilities and grading within 100 feet of an intermittent stream. An existing house on the property will be razed. A willow tree will be removed because the roots are blocking a culvert crossing on School Street. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. He said there is an existing, small house located on the property and the Applicants are proposing a new single - family house, septic, driveway and utilities. The new house will be 50 feet from an intermittent stream. The only work to be done inside the 25 -foot No Disturb Zone is the removal of a willow tree because the root system has damaged a culvert on School Street. Mr. Trowbridge said the new septic system has been approved by the Board of Health and will be a raised system in compliance with Title S. There will be a swale on both sides of the property so any increase of runoff due to the new grade will be directed toward School and Old Elm Streets and not directed on to the abutting property. An existing shed will be removed from the 25 -foot No Touch Zone. Ms. Merrill said the new house, septic system, deck, walkway and driveway are approximately 52 feet from the edge of an intermittent stream. The associated grading for the new dwelling and septic system is approximately 26 feet from the bank of the intermittent stream. She said the biggest issue with this project is the water quality so stornnwater runoff would have to be addressed. In her opinion the project would not cause adverse impacts to the intermittent stream as long as roof runoff is directed to dry wells. Mr. Trowbridge said the lawn does go up to the edge of the intermittent stream and the limit of fill will be at least 25 feet from the edge of the bank of the intermittent stream. Ms. Matthew questioned whether the grading associated with the septic system was within 25 feet of the intermittent stream. Ms. Merrill clarified that the grading associated with the dwelling was located 26 feet from the stream. The grading associated with the septic system is over 50 feet away from the stream. Ms. Merrill asked that the willow tree be flush curt and as much of the root ball as possible removed without impacting the resource area. She asked that the tree be replaced with a wetland species tree in the approximate location of the existing tree. She suggested a Red Maple or Swamp White Oak. She asked that no synthetic fertilizers be used on this site. Mr. Mulkern would like to limit any appurtenances, such as sheds, pools, patios, swing sets, within the 25 -foot No Disturb Zone. Mr. Healey made a motion to issue an Order of Conditions to John & Phyllis Stanovitch, 200 Old Elm Street, Map 6, Parcel 59, DEP SE 211 -0913, plan "Sewage Disposal System 200 Old Elm Street ", dated October 18, 2013, prepared by Michael Trowbridge, Hutchins Trowbridge Associates, Inc., with the following special conditions: 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is retuned to the Commission filled in by the Registry; 2. All work must conform to the plans referenced in this Order; 3. All mitigation and erosion control devices and measures (hay bales, waddles, siltation fences, etc.) shall be installed, per plan, prior to any construction, clearing, or excavation. The applicant shall notify the Commission's agent when any such devices or measures are installed so that a site visit can be made prior to the commencement of work; 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained in the field; S. The applicant shall ensure that all erosion control devices or measures shall remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization can be achieved by a variety of techniques including, but not limited to, sodding, seeding, or mulching. if seeding is used, stabilization shall be considered achieved once a complete vegetative cover is reached. Seeded areas shall be covered with hay or other suitable protective cover to allow the seed time to take hold; 6. All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 7. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8. The applicant shall retain the Order of Conditions and all plans on site during the construction; these shall be made available to all contractors; 9. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project, submit an as -built plan and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 10. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. If, after review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of intent, then the applicant is required to file accordingly; 11. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 12. Replace removed Willow tree with a wetland species tree within the 25 -foot No Disturb Zone. Willow tree is to be flush cut with selective roots removed; the Agent shall oversee the root removal. The Applicant may contact the Agent for approval of the species of the tree to be planted; 13. No appurtenance, such as sheds, pools, patios, to be placed within the 25 -foot No Disturb Zone. Existing shed is to be removed from the 25 -foot No Disturb Zone. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. 6. Notice of Intent: Richard & Beverly Vita, 18 Martha's Way, Map 3, Parcel 295. DEP SE 211 -0914 The Notice of Intent was filed for paving and extension of an existing driveway and utilities to a proposed single - family home within the 100 -foot buffer to Bordering Vegetated Wetlands, and Natural Heritage Estimated and Priority habitats. The proposed single- family home and septic system are outside the 100 -foot buffer zone of the wetlands. Ralph Maloon of RIM Engineering Co., inc. was present. Mr. Maloon explained a Notice of Intent was filed in 1999 for a culvert crossing with two (2) 24' drain lines and the extension of utilities and the Order under DEP SE 211 -624 was released in 2002. The applicant is proposing to pave and extend an existing 12 -foot gravel driveway to a proposed single - family house with a septic system. Mr. Maloon said the house and septic leaching field are outside the 100 -foot No Torch Zone. He said when the crossing was constructed in 1999 the area was not in a Natural Heritage area. Ms. Merrill explained the original project was proposed before the Mansfield Wetland Protection By -law. She said when the project was approved in September 1999 as a limited project the crossing provided the only access to the upland portion of a single - family lot. She noted that the crossing is filled with debris, restricting the water flow, and needs to be cleaned and maintained. She said the paving of the gravel crossing would prevent the top gravel from eroding into the resource area. She said if this were a new project, it would not be an allowable project because of the By -law, Section 2.6 - amended 2010. However since the culvert crossing and gravel driveway were approved prior to the By -law under a limited project and have since been constructed, the associated work can be approved as a modification and will aid in repairing the existing conditions. She does not see additional impacts with the actual construction of the road. A special condition such as a split rail fence could be added to restrict any new activity. Ms. Merrill said, because the property is within an Estimated and Priority habitat, the entire project will be reviewed by Natural Heritage. She asked for a new plan showing where the proposed drainage from the paved driveway will be directed. The split -rail fence should also be added to the plan. John Holiver of 10 Martha's Way said he was concerned about the safety of the crossing because of the neighborhood children and asked about the wetland and replication. Ms. Merrill said because wetlands were filled in when the crossing was done, 900 square feet of wetland was replicated in 2002. Mr. Holiver asked if the lot could be subdivided or some of the land donated to NRT be used for additional houses. Ms. Merrill explained that there has to be a certain percentage of upland to subdivide and the upland area is very limited on this lot. She said the donated land would be under a Conservation Restriction. Tarsha Huftalen of 296 Balcom Street asked how long the driveway would be and the location of the house. She was shown the location of the proposed house and driveway. Mr. Maloon stated that the driveway was 260 feet. Ms. Merrill showed Ms. Huftalen the area that would be under a conservation restriction. Mr. Maloon clarified the area of upland on the lot. William McDermott of 36 Canoe River Drive, who will be purchasing the property, asked how much of the culvert needs to be cleared and what type of safety railing would be needed. The Commission discussed the type of fencing required. Mr. McDermott explained that he would use a split rail fence. Leonard Flynn of 102 Jewell Sheet explained NRT will vote tonight whether to accept the easement within this lot (to the east of the crossing). He said the primary purpose of accepting the land is for aquifer protection. The donated land will provide access for pedestrian traffic and maintenance vehicles to a parcel of conservation land to the northeast of the property that was previously gifted to the NRT. Mr. Healey asked about sheet flow from the driveway. Ms. Merrill agreed that stormwater runoff should be addressed. Mr. Maloon explained that the paved area over the crossing would be crowned. Mr. Mulkern asked about the driveway runoff. Mr. Maloon explained that he would pitch the driveway runoff away from the stream and have it recharge into a gravel area. Ms. Merrill requested that a new plan be submitted to the Department showing the driveway design for sto•nnwater runoff and the fence. Ms. Merrill described the procedure required by the Applicant to clean tip and maintain the culvert. Mr. Healey made a motion to issue an Order of Conditions for 18 Martha's Way, Map 3, Parcel 295, DEP SE 211 -0914, plan "Conservation Plan of Land in Mansfield, MA ", dated December 26, 2013, prepared by RIM Engineering Co., Inc., for the paving and extension of an existing driveway and utilities to a proposed single- family home within the 100 -foot buffer to Bordering Vegetated Wetlands and Natural Heritage Estimated and Priority habitats, with the following special conditions: 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. All work must conform to the plans referenced in this Order; 3. All mitigation and erosion control devices and measures (hay bales, waddles, siltation fences, etc.) shall be installed, per plan, prior to any construction, clearing, or excavation. The applicant shall notify the Commission's agent when any such devices or measures are installed so that a site visit can be made prior to the commencement of work; 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed m• maintained in the field; S. The applicant shall ensure that all erosion control devices or measures shall remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization can be achieved by a variety of techniques including, but not limited to, sodding, seeding, or mulching. if seeding is used, stabilization shall be considered achieved once a complete vegetative cover is reached. Seeded areas shall be covered with hay or other suitable protective cover to allow the seed time to take hold; 6. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 7. The applicant shall retain the Order of Conditions and all plans on site during the construction; these shall be made available to all contractors; 8. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 9. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project, submit an as -built plan, to include proposed spot grades of proposed crowned paved driveway and spot grades showing storm water directed from the house away from the crossing and a letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 10. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. If, after review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of intent, then the revised plans shall be considered the new plan of record. if the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 11. Two (2) permanent metal or plastic signs will be placed near the existing crossing, on the proposed fence to read "Environmentally Sensitive Area -Do Not Disturb ". Signs shall be no less than 5 feet in height and approximately 12" x 18" in size; 12. A proposed 40 -foot permanent split rail fence (or similar design) is to be installed along both sides of the crossing; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used on site; only organic products may be used; 14. The Applicant is to clean fallen debris out of the existing culvert. Contact the Agent prior to the start of work to clean out culvert. Mr. Turnbull seconded the motion. Motion passed 5-0-1 (Mr. Smith abstained) The Order of Conditions will be issued pending receipt of the letter from Natural Heritage so any conditions or comments from MESA can be incorporated into the Order and a revised plan showing proposed spot grades of proposed crowned paved driveway, spot grades showing storm water directed from the house away from the crossing, and the split rail fence. 7. New Business: CHANGE OF PLAN: OBERLANDER, 29 MILL STREET: David Oberlander of BDO Engineering was present. This project was issued an Order of Conditions in September 2012 render DEP SE 211 -0888 for the removal of an existing house and reconstruction of a single - family dwelling within 25 feet of a BVW. One of the conditions of the Order was to incorporate a portion of the existing dwelling in order to stay within the setbacks provided. After Ms. Merrill visited the site and talked with Mr. Oberlander, it was decided the portion of the foundation of the existing dwelling to be retained was structurally unsafe and it would be more costly and invasive to the resource areas to retro fit the foundation. Mr. Oberlander is requesting that the note on the plan to retain a portion of the existing dwelling be removed. The footprint of the proposed house has been reduced; the smaller footprint and elimination of the existing house will allow a slight increase in the road setback while maintaining the wetland setback. Ms. Merrill said the project is under way and the existing silt fence is in place and has been properly maintained. She said the area of the existing foundation is 5 all English Ivy, an invasive species, so having this area stabilized will be a benefit to the whole project She recommended the Commission accept the request for a change in plans. She will write a note for the file. Mr. Healey made a motion to grant Mr. Oberlander's request that the note to retain a portion of the existing dwelling at 29 Mill Street be removed from the plan "Site Plan for Reconstruction of Existing Dwelling at 29 Mill Street, Mansfield, MA ", dated June 9, 2012, revised July 11, 2012 and August 8 & 28, 2012, DEP SE 211 -0888. Mr. Turnbull seconded the motion. Motion passed 6 -0 -0. B. Old Business: Trail Maps for Conservation Areas. NRT has requested the Commission allocate funds to have copies of the Mansfield Trail Booklet printed. The booklets will be made available to local hotels and the library as well as the general public. The cost for printing 500 booklets is $3.73 per booklet or $2.13 per booklet for 1,000 copies. Mr. Healey made the motion to print 1,000 trail booklets at a price not to exceed $2,500.00. Mr. Marcheselli seconded the motion. Motion passed 6 -0 -0. Minutes of November 18, 2013: Mr. Healey made the motion to accept the minutes of November 18, 2013 as written. Mr. Turnbull seconded the motion. Motion passed 6 -0 -0. Discuss upcoming regulation special meeting: Ms. Merrill said Ms. Matthew and Mr. Healey have sunmrited comments and these have been passed on to Town Counsel for review. The Commission will hold a special meeting on January 8, 2014 to discuss any additions or changes to the Rules and Regulations. 9. Adjournment: Motion to adjourn at 8:40 pm. Healey /Matthew. Passed Next meeting will be January 13, 2014 at 7:00 pm. Joseph Mulkern, Chairman Date