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HomeMy WebLinkAboutCONSERVATION_01132014_201402200837Town of Mansfield Conservation January 13, 2014 iMinutes I Present: Joseph Mulkern, Chairman; Michael Healey, Vice Chairman; Christopher Marcheselli; James Turnbull; Jack Smith; Carole Matthew; Ryan Maxwell; Katelyn Merrill, Environmental Planner. 1. Meeting was called to order at 7:00 pm. 2. Notice of Intent: Town of Mansfield, 111 and 255 Hope Street, Map 25, Lots 17 & 25. DEP SE 211 -0915 The Notice of Intent was filed for a Vegetation Management Plan for work within 100 feet of an Intermittent Stream and within a Bordering Vegetated Wetland. Richard C. Alves, the Town Engineer, representing the Town of Mansfield and the Department of Public Works, was present. Mr. Alves explained there is an ongoing insect problem at the library and the exterminator hired to address the problem has indicated several steps to take that will reduce the infestation; immediately cut back and in some cases, remove some of the brush and trees from around the building, especially the ones overhanging or touching the building. These trees can and will eventually fall on the building which creates a public safety issue. The attached Vegetation Management Plan (VMP) shows the replanting areas. The wetland line was flagged by Ms. Merrill and field located by the Mansfield Engineering Division. Mr. Alves said the top of berm was flagged by Elizabeth Leidhold, the former agent, last year. For Area 1, as shown on the VMP, a snow fence is proposed instead of silt control because there will be no excavation of any soil in this area. The trees to be cut in this area will be cut at ground level with no machinery within a resource area. The snow fence will mark the limit of work and be verified by the Agent prior to the start of work and will not be removed until after the disturbed areas have been permanently stabilized. Mr. Alves said the other area of concern is Area 2 where an existing garage is located. Mr. Alves said the garage has mold and rotting issues. Trees and overgrowth need to be removed in this area because one is dead and another is leaning towards the garage. Mr. Alves walked the site with Mark Cook from DPW. In Area 2 the wetland retention pond needs maintenance; there is some overgrowth and trees that need to be removed. Ms. Merrill said she has worked closely with Mr. Alves and other town departments to develop a plan for the tree removal with the least impact possible. The concerns were the removal of the trees and getting machinery in to access the area without causing any disturbances. Access will be from the north and south sides of the site from the upland portion behind the library. An on -going Vegetation Management Plan is to be in place. Ms. Merrill said originally when the library was constructed in 1987 under DEP SE 211 -223, the stream was relocated. After researching the files, it appears the library was supposed to be farther away from the stream but the building was actually placed closer to the stream. The surrounding area was to be planted with low growing shrubs but over the years, mature trees have established. Ms. Merrill said the area should be replanted with native shrub -level plantings that would establish and not allow for invasive species to grow. Mr. Alves said the lack of maintenance within the intermittent stream needs to be addressed; the hydraulic connection should be re- established from the north side of Pratt Street and any debris in the channel should be cleared by hand. Ms. Merrill will be present to oversee the removal of the trees as well as the planting within the resource area and buffer zone. Sweet Pepper Bush, High Bush Blueberry and Arrow Wood will be planted. Mr. Healey made the motion to issue an Order of Conditions to the Town of Mansfield, 111 and 255 Hope Street, Map 25, Lots 17 and 25, DEP SE 211 -0915, 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 or maintained in the field; 5. 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 a letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan. No As -Built plan is required; 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. The replication area plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission; 12. Agent is to meet on -site with the Town Engineer and DPW to oversee the removal of trees within the resource area and buffer zone; 13. Tree removal work shall take place during the winter months and planting shall occur in the spring of 2014; 14. Quantity and location of shrub plantings shall be determined on -site by the Agent. Plan "Vegetated Management Plan 111 & 255 Hope Street ", dated December 23, 2013, prepared by Richard C. Alves, Jr., P.E. and FIRM Flood Map. Mr. Smith seconded the motion. Motion passed 7 -0 -0. 3. Notice of Intent: Richard C. Alves, Town of Mansfield Engineering Division, Maple Street, within the Town Right -of -Way, Maps 30, 38 & 39. DEP SE 211 -0918 The Notice of Intent was filed for utility upgrades, to include improvements to the existing water main and installation of electric conduit and manholes on Maple Street from the intersection of Bird Road westerly to Cate Springs. Portions of the work are within 100 feet of Bordering Vegetated Wetlands. Mr. Alves said this is Phase 1 of the project. The Electric Department is proposing to install electric conduit on the south side of Maple Street. Electric manholes will be installed every 500 feet along the roadway as access points. Prior to construction, erosion controls consisting of hay bales, silt fence or silt sock will be installed. Between Bird Road and Jennifer Lane, on the south side, the undersized existing 8" asbestos concrete water main will be replaced; this step is necessary for the upcoming full depth construction of Maple Street that will take place at a later date. In the area between Jennifer Lane to Cate Springs, the location of the water main has been changed to the north side of Maple Street. Mr. Alves noted that the total amount of work being proposed within the Canoe Riverfront Area is approximately 19,470 square feet, all within the roadway. He said this is a scenic roadway so the town is trying to minimize all the impacts to the shoulder of the road. The water main will be within the existing pavement area and the installation of the electric conduit will be within the right -of -way limits. Mr. Alves said along the section of Maple Street near Cate Springs, there is a potential vernal pool, approximately 60 feet from the roadway where the utilities will be installed. He said the electric conduit is ready to be installed and funding for the water main will be warranted in July. Mr. Healey made the motion to issue an Order of Conditions for Maple Street within the town right -of -way, Maps 30, 38 & 39, DEP SE 211 -0918, as presented by the Mansfield Engineering Division on behalf of the Mansfield Water and Electric Departments to install electric conduit and replace the water main 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 or maintained in the field; 5. 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. 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 a letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan. No As- Built plan required; 9. 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; 10. Agent is to be notified when the installation of the utilities is to occur within the buffer zone areas. Plan "Water Main & Electric Improvements Maple Street ", dated December 16, 2013, prepared by Richard C. Alves, Jr., P.E. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0. Hearing ended at 7:20 pm. 4. Request for Determination of Applicability: Benjamin Read, 6 Dario Way, Map 4, Parcel 115. The Request for Determination of Applicability was filed for an addition, grading and septic within 100 feet of Greenwood Lake and the 100 -foot buffer of Bordering Vegetated Wetlands. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. Mr. Trowbridge said a 24'x24' addition will be constructed outside the 50 -foot No Touch Zone. The area where the actual construction will be is relatively flat and there will be minimal disturbance. The new septic system, to replace an existing cesspool, will be placed in the front of the house. A drywell for roof runoff and siltation controls are proposed. Mr. Healey said the site is not indicated on the USGS map submitted with the filing; the locus and map revision date should be noted. The Flood Insurance Rate Map also does not show the site or the street. Ms. Merrill said this is a previously developed site and the proposed siltation controls should demarcate the limit of work for construction. She suggested a silt sock be used in place of a silt fence. Mr. Trowbridge made a note on the Plan of Record that a silt sock would be used as erosion controls. Mr. Healey made the motion to issue a Negative Determination for Reason #3, work will not alter an Area Subject to Protection; a Notice of Intent is not required, for Benjamin Read, 6 Dario Way, Map 4, Parcel 115, for a 24'x24' addition to a single - family dwelling, the addition of a roof drain and the upgrading of a septic system according to Title 5 within a previously developed area with the following special condition; Silt sock will be used as erosion control and is to be inspected by the Agent prior to the start of work. Plan, "Sewage Disposal System, 6 Dario Way", dated November 1, 2013, prepared by Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0. 5. Request for Determination of Applicability: Wayside Estates LLC, vacant land off Saddle Ridge Road and Old Farm Road. The Request for Determination of Applicability was filed for two test holes for drainage design purposes within 100 feet of Bordering Vegetated Wetlands and Natural Heritage Estimated and Priority Habitats. Michael Trowbridge of Hutchins - Trowbridge Associates, Inc. was present. Mr. Trowbridge said this activity is generally exempt under the state's Wetlands Protection Act but is not exempt under the local by -law. Mr. Trowbridge is requesting permission to do two test holes. He said a small tract machine will be used to excavate the holes. The holes will not be deep because the ground water is significantly high, probably at 4 feet, so there will be minimal disturbance. The test holes will be done in the presents of the town's engineer, Richard Alves. Mr. Mulkern said the plan shows the test holes are within the wetlands. Mr. Trowbridge said they are not in the wetlands. Ms. Merrill said the plan is only a general reference, that usually when test holes are done out in the field you do not have an exact surveyed point. She said she requested the RDA be filed because the project is located within Natural Heritage and Endangered Species Habitat (NHESP). She said Section 2.6 of the By -law states that no activity with the construction of any new subdivision or commercial /industrial projects shall be performed with the 100 -foot buffer zone of a resource within NHESP habitat. This is not what is being proposed at this time, the filing is just for soil borings /subsurface investigation which is jurisdictional under the local By -law. The work will be a minimum of 25 feet from all resource areas. Mr. Trowbridge said the first point would come in right off Saddle Ridge Road and the second point would be straight in off Old Farm Road. Ms. Matthew asked why the applicant is doing test pits for design purposes since this site cannot be developed within 100 feet of a wetland within Rare Species habitat. Ms. Merrill stated that the upland portion is within NHESP habitat but would not be within the Conservation Commission's jurisdiction. That portion of any proposed project would have to file with NHESP under MESA. Mr. Trowbridge said the purpose of the test holes is to determine the suitability for drainage. Ms. Merrill said the test pits will be determined in the field. She can be involved in that process with Mr. Trowbridge and Mr. Alves. She said she walked the wetland line, it was re- flagged. Ms. Merrill stated that the test pit should eventually be located in the field and included on a site plan for the record. Mr. Healey made the motion to issue a Negative Determination for Reason #3, work will not alter an Area Subject to Protection; a Notice of Intent is not required, for Wayside Estates LLC off Saddle Ridge Road and Old Farm Road to allow for two (2) test holes for drainage design purposes with the following conditions: The Agent is to be notified prior to the start of work to verify the actual location of the test pits, to be determined on -site, and will be no closer than 25 feet to the Bordering Vegetated Wetlands; the excavator used to do the test pits will be no wider than 6 feet; any tree cutting will have to be approved by the Agent; the location of the test pits will be determined by GPS or surveying means and provided to the Agent. Mr. Smith seconded the motion. Motion passed 7 -0 -0. Hearing ended at 7:45 pm. 6. Notice of Intent: Roy Lasher, 148 Ware Street, Map 33, Parcel 8. DEP SE 211 -0917 The Notice of Intent was filed to raze an existing building and construct a new house and sewage system within 100 feet of Bordering Vegetated Wetlands and an ACEC, Canoe River Watershed. Ralph Maloon of RIM Engineering Co., Inc., and the homeowners, Mr. and Mrs. Lasher, were present. Mr. Maloon said the proposal is to remove the existing house and construct a new home that conforms to the setbacks in Mansfield. He noted soil testing was done in the front area of the property. He said there is a seasonal stream and the wetland line falls parallel to the stream. The 25 -, 50- and 100 -foot buffers are shown on the plan. Ms. Merrill spoke with Mr. Maloon and met with the applicant regarding this property. The applicant is proposing a 35'x4O' house with a 24'x24' garage. The placement of the new house is a concern because the distance between the Bordering Vegetated Wetland and the existing house is 63.5 feet. The new house is approximately 36.7 feet away from the resource area. She said the board has been talking about the knock down /rebuild policy; the board would like to see an applicant hold to the 50 -foot if possible unless there are hardships that would prevent the applicant from doing so. She feels there is room on the opposite side of the property to move the house farther away from the resource area while maintaining the 25 -foot sideline setback. Some of the proposed grading would have to be re- designed. As proposed, the septic would be mounded with gradual grading. If the septic system is moved away from the resource, a retention wall would have to be installed; there would be less fill and more structure, but it would provide a greater distance from the resource area. Mr. Maxwell asked where the proposed driveway would be located and if it could be moved outside of the 25- ft No Disturb Zone. Ms. Merrill stated that if the driveway was to be paved, it should be relocated outside of the 25 -foot No Disturb Zone. Mr. Maloon said he can move the house 12 -13 feet away from the BVW and will move the driveway out of the 25 -foot No Disturb Zone. Mr. Healey asked if the house could be moved farther back on the lot. Mr. Maloon stated that the elevation drops down moving farther back in the lot. It would require a greater volume of fill to elevate the foundation and the septic system. This was the reason they kept the design up towards the front of the lot. Mr. Maloon said there was a watermark on the cellar floor from previous flooding which would indicate that the septic system has to be a slightly raised as proposed. James Clinton of 20 River Edge Road stated there are water problems in this area and was concerned because of the elevation of the property at 148 Ware Street. He said anything done on this site would displace water towards River Edge Road and he wanted to make sure there are no adverse impacts to these properties. For the record, he is concerned about the drainage because flooding is a big problem in the spring. Ms. Merrill said it is basic procedure for the Conservation Commission to require that all single- family homes have roof drains to drywells. Mr. Healey explained that with drywells, the runoff recharges at a slower rate to prevent flooding that could potentially impact surrounding lots. Mr. Turnbull's agreed. Mr. Marcheselli noted the plan does not show downspouts to drywells. The plan should be revised. Mr. Healey made the motion to issue an Order of Conditions for 148 Ware Street, Map 33, Parcel 8, DEP SE 211 -0917, for the construct a new house and sewage system within 100 feet of Bordering Vegetated Wetlands 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 or maintained in the field; 5. 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. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 10. 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 a letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. 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; 12. Applicant /Representative shall submit a plan showing the proposed house relocated 13 feet to the southwest, away from the resource area; 13. A portion of the existing driveway is to be removed from the 25 -foot No Disturb Zone. Plan "Sewage Disposal Plan for No. 148 Ware Street in Mansfield, MA ", dated December 23, 2013, prepared by RIM Engineering Co., Inc. Ms. Matthew seconded the motion. Motion passed 7 -0 -0. The Order of Conditions will not be issued until a revised plan is received. Hearing ended at 8:15 pm. 7. Notice of Intent: Nancy Dutton, Trustee, Dutton Realty Trust, 83 Winter Street, Map 40, Parcel 87. DEP SE 211 -0916 The Notice of Intent was filed for the construction of a subdivision roadway with associated drainage, water and utilities within 100 feet of Bordering Vegetated Wetlands (BVW) and an ACEC, the Canoe River. Attorney Frank Spillane and William R. Buckley, Jr., P.E., Project Manager from Bay Colony Group, Inc., were present. Attorney Spillane said the site is located at 83 Winter Street next to Piasecki Drive and is in a R1 (Residential 1) Zone as well as Zone 2 Water Resource Protection District. He said there is an existing single - family residence on the 7.5 acres of land but the house is now vacant. The Dutton family purchased the property in 1998 and an ANRAD was approved in August 2007. At that time the plan was before the Planning Board to decide if the subdivision would be proposed as a conventional design, residential compound, or cluster development. The applicant decided to do a cluster residential development however because of the economy at that time, the family decided not to go forward with the project. The applicant is now before the Planning Board with a proposed cluster development with four house lots, with square footage just under 30,000 square feet to just over 41,000 square feet. Attorney Spillane said there is a dedicated Open Space of approximately 3.87 acres and said when the applicant was before the board in 2007, the Conservation Commission was asked if they were interested in taking ownership of the land; at that time the board indicated they were not interested because the land was not contiguous to any other property. William Buckley, Bay Colony Group, said this is a 7.5 acre site located west of Piasecki Drive. Mr. Buckley explained that the property slopes to the east towards an intermittent stream. There is BVW associated with the stream. There is a meadow depression that is a low area that acts as a natural infiltration basin. The wetlands were delineated in 2007 under an ANRAD (DEP SE 211 -0799) and some of these flags have been re- hung and soil testing has been done throughout the site. Soils were typical of this area; coarse gravel sandy material. He explained that there are a lot elevation changes on this smaller site. Mr. Buckley explained the project was initially designed as a four house lot conventional subdivision with 525 feet of roadway and 24 feet of pavement and sidewalks with a radius of 70 feet. The applicant is now proposing, and the Planning Board has preliminarily accepted, a 275 -foot roadway and a cul -de -sac with a radius of 40 feet. The roadway would be 20 feet wide with concrete sidewalks and vertical granite curbing on only the west side of the roadway. On the east side of the roadway, the Planning Board has allowed the applicant to put in a water quality swale. The roadway will be super - elevated instead of crowned so the sidewalk side of the roadway will be higher and the swale side lower, allowing runoff to flow to the swale; eventually the water will run through the swale along the side of the road, down into the infiltration basin. A 4 -foot high berm designed for all storms will be constructed to hold the water while it infiltrates into the ground. There will be a rip rap overflow and a pipe installed through the basin with a valve that will allow the basin to be drain for maintenance purposes. All activities are proposed outside the 50 -foot buffer zone; however, the construction of the infiltration basin will be within the 100 -foot buffer. Individual Notices of Intent will have to be filed for Lots 2 and 4. Roof drains are planned and are detailed in the filing. Ms. Merrill said she reviewed the stormwater with Town Engineer Richard Alves.. Mr. Alves submitted his comments in a memorandum dated November 20, 2013. Ms. Merrill said Mr. Alves comments have been or will be addressed. Ms. Merrill said Mr. Alves has no issues with the system design itself; the drainage system would be able to handle the stormwater generated on the site. She said the drainage system is the largest structure within the Commission's jurisdiction and Lots 2 and 4 would require individual Notices of Intent. With this application, the Commission is only reviewing the roadway, Lots 2 and 4 and the drainage structures. The house lots are shown on the plan but the Commission is not reviewing the house footprints with this filing. Ms. Merrill said this is a great filing. Mr. Healey said the filing was very comprehensive and well presented. Ms. Matthew said the filing was professionally done. Mr. Turnbull agreed. Mr. Maxwell asked about grading on the lots. Daniel Finnegan of 245 Franklin Street inquired about the berm and the flood zone established around Whitesville Pond because his house is in the flood zone on the new FEMA flood zone maps. Mr. Buckley explained the changes with FEMAs flood zone maps. Mr. Buckley explained the elevation of the existing berm. Mr. Finnegan said he would like to see the hill /berm in the back of Lot 4 remain in place. Ms. Merrill explained that the hill area is not within Conservation jurisdiction. Mr. Healey said the back of Lot 4 will be part of the Open Space area. Mr. Healey made the motion to issue an Order of Conditions for Nancy Dutton, Trustee, Dutton Realty Trust, 83 Winter Street, Map 40, Parcel 87, DEP SE 211 -0916 for the construction of a subdivision roadway with associated drainage, water and utilities within 100 feet of Bordering Vegetated Wetlands, an ACEC, the Canoe River, 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 - the Order of Conditions is only applicable to the proposed roadway, cul -de -sac, detention /infiltration basin and associated draining; 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; 5. 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. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 10. 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; 11. 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; 12. Four (4) permanent metal or plastic signs will be placed on the 25 ft. No -Touch line, on metal posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb ". Signs shall be no less than 5 feet in height and approximately 12"x18" in size; 13. A separate Notice of Intent for the individual lots subject to the Conservation Commission jurisdiction shall be submitted for approval (Lots 2 & 4); 14. All comments and concerns addressed by the Town Engineer must be satisfied prior to the issuance of the Order of Conditions. Plan "Cluster Development Plan of Land for Dutton Drive Mansfield, MA ", dated September 19, 2013 and prepared by Richard Leslie, PLS and William Buckley, Jr., PE. Also "Flood Impact Analysis and Storm Water Management Plan — Dutton Drive ", dated September 2013. Ms. Matthew seconded the motion. Motion passed 6 -0 -1 (Christopher Marcheselli abstained). Attorney Spillane said the Planning Board wanted an indication from the board as to whether they had any interest in the Open Space. Ms. Merrill said because the land is not contiguous will other Mansfield property, the land would not be of interest to the board. Mr. Spillane said if no one accepts the land as open space, it will become under the control of a homeowner's association and will not be open for public use. He said any language regarding the use of the Open Space land should be put in the Planning Board's decision so it becomes part of the public record /special condition. Ms. Merrill will include the signage, "Environmentally Sensitive Area -Do Not Disturb ", in the Order of Conditions as well as part of the Planning Board's Special Permit. Ms. Merrill polled the board on the issue of accepting the open space area. All of the Commissioners answered negative. 8. Request for a Certificate of Compliance: Pamela L. Carlson, with Life Estate to Albert F. Bruun, 190 Brown Avenue, Lot 1, Brown Terrace (190 Brown Avenue), Map 1, Lot 118. The Order of Conditions was issued and recorded in 1974 and the work completed in 1975. There is no record of the original NO] filing so it is unclear what the scope of'the project was. The site is occupied by a single - family dwelling and the site has been stabilized. The Certificate of Compliance needs to be issued to clear the title. Mr. Healey made the motion to issue a Certificate of Compliance to Pamela L. Carlson, with Life Estate to Albert F. Bruun, 190 Brown Avenue, Lot 1, Brown Terrace (190 Brown Avenue), Map 1, Lot 118, DEP SE 211 -15. Mr. Smith seconded the motion. Motion passed 7 -0 -0. 9. New Business: 10. Old Business: Discussion of open Enforcement Order at 15 Marjac Way — This is an Enforcement Order from February 2013, issued by Elizabeth Leidhold for restoration work within the buffer zone and BVW. A restoration plan was submitted at the February 25, 2013 meeting. The homeowner is now in the process of constructing a patio within jurisdiction and needs to file an RDA for this work. He will file for the February meeting. Rules and Regulations of the Town of Mansfield Wetland Protection By -Law, Chapter 15, of the Mansfield General By -Laws: The board will meet with Town Counsel on Wednesday, February 5, 2014 at 6:00 pm to discuss the changes and additions to the Rules and Regulations. All comments have been forwarded to Town Counsel and Ms. Merrill will send all information to the board members before "the February meeting. Minutes of December 16, 2013: Ms. Matthew asked that the comment by Ms. Merrill that the runoff from the driveway flow to the wetlands on page 5, last paragraph, be removed and the last sentence on page 2 — Mr. Trowbridge said the lawn will go up to the edge of the intermittent stream — should be changed to — the lawn does go up to the edge of the intermittent stream. Mr. Healey made the motion to accept the minutes of December 16, 2013 as corrected. Ms. Matthew seconded the motion. Motion passed 7 -0 -0. 11. Adjournment: Motion to adjourn at 9:15 pm. Healey /Smith. Motion passed. Next meeting will be on February 10, 2014 at 7:00 pm. Joseph Chairman a - ia ao� Date