HomeMy WebLinkAboutCONSERVATION_07212014TOWN OF MANSFIELD
MANSFIELD CONSERVATION
MINUTES
JULY 21, 2014
1. Meeting called to order at 7:00 pm in Meeting Room 3A /B.
2. Discussion of Eagle Scout Project with Jack Moran, Troop 17 — renovations to outdoor classroom
at the Jordan Jackson and Robinson Elementary School outdoor classroom.
Ms. Merrill explained this is an Outdoor Classroom used by students and teachers between the Jordan
Jackson and Robinson Elementary Schools and Jack Moran, an Eagle Scout, is proposing to update the
classroom.
Mr. Moran said he will update the classroom by replacing the existing blackboard with a dry white board
in a lockable cabinet and will add a roof to the structure. The trails need minimal maintenance, mainly
the removal of poison ivy. Ms. Merrill suggested a minimum corridor width be set for the trails and
recommended the trails be no wider than 40 inches.
Mr. Moran said he will remove a tree that has fallen across the trail and the entrance off East Street and
the entrance in the back parking lot at the Robinson School will be cleared. Due to safety concerns, the
existing stick huts, not part of the original classroom, will be disassembled. Mr. Moran asked if the tree
and the huts should be removed to Mansfield Green or left to the sides of the trails. Mr. Healey asked
that the wood be placed off to the side of the trails to become part of the environment.
Mr. Moran explained the area is swampy and a small stream bisects the trail, bridged by a planked
walkway. He will replace and extend the walkway to the classroom area. Three benches overlooking a
small potential vernal pool and marshlands will be constructed with planks and tree trunks or sealed
wooden boxes fill with concrete; two benches will be located in the field beside the Robinson School
where birdhouses and a game trail are located. The third bench will be placed by a potential vernal pool
on the main trail. He said the vernal pool needs to be cleared of trash and construction debris.
Signs behind plexi -glass will be created and placed on the existing sign posts. Information about animal
tracks and local plant as well as wildlife facts will be available here.
Mr. Healey thanked Mr. Moran for his presentation.
The discussion ended at 7:18 pm.
3. Request for a Partial Certificate of Compliance. Mark Sullivan, 110 Balcom Street, Map 3 Parcel 76.
DEP SE #211 -0905.
The Notice of Intent was filed for the construction of a single - family dwelling with a limited project
driveway requiring a small amount of wetland filling. Ms. Merrill explained an Order of Conditions was
issued August 20, 2014 and Mr. Sullivan is requesting a Partial Certificate of Compliance for the house
and driveway location and installation of a 2:1 wetland replication. Ms. Merrill said an As Built plan has
been submitted showing the house and appurtenances in the approved locations and the silt fence is
still in place. She said a full Certificate of Compliance will not to be issued until two (2) growing seasons
1
have past and the replicated wetland plantings have a 75% survival rate (Special Condition 1 and 2 in the
Order of Conditions).
Mr. Marcheselli made the motion to issue a partial Certificate of Compliance to Mark Sullivan, 110
Balcom Street, Map 3, Parcel 76, DEP SE #211 -0905; a full Certificate of Compliance will not be issued
until two (2) growing seasons have past and the replicated wetland plantings have a 75% survival rate
and the "Environmentally Sensitive Area — Do Not Disturb" signs have been installed. Mr. Maxwell
seconded the motion. Motion passed 4 -0 -0.
Mr. Sullivan said the signs have been installed. Ms. Merrill said she would inspect when the full
Certificate of Compliance is requested.
Hearing ended at 7:25 pm.
4. Request for Certificate of Compliance: Timothy Bobola, Nitor Development, Inc., 15 Lincoln Road,
Lot 7, Map 34, Parcel 389. DEP SE #211 -0900
Ms. Merrill explained the property at 15 Lincoln Road was approved in an Order of Conditions issued in
May 2013 for grading and landscaping associated with the construction of a single - family dwelling. She
said the dwelling is approximately 139 feet from the boundary of the wetland, as shown on the As -Built
plan. The "Environmentally Sensitive Area — Do Not Disturb" signs to be placed along the wetland flags
have not been installed and the landscaping and stabilization of the area is not completed. The siltation
controls are still in place. She recommends a partial Certificate of Compliance be issued with an on-
going condition that the signs be installed before the fall of 2014 along with any associated landscaping
for stabilization. A full Certificate of Compliance will not be granted until the on -going conditions are
satisfied.
Mr. Marcheselli made the motion to grant a partial Certificate of Compliance for Timothy Bobola, Nitor
Development, Inc., 15 Lincoln Road, Lot 7, Map 34, Parcel 389, DEP SE #211 -0900, with the on -going
conditions that the "Environmentally Sensitive Area — Do Not Disturb" signs be installed before the fall
of 2014 along with any associated landscaping for stabilization. A full Certificate of Compliance will not
be granted until the on -going conditions are satisfied. Mr. Maxwell seconded the motion. Motion
passed 4 -0 -0. As -Built Plan "Certified Plot Plan of Land in Mansfield, MA" dated May 22, 2014, prepared
by RIM Engineering Co., Inc.
Hearing ended at 7:30 pm.
5. Request for Certificate of Compliance: Paul & Patricia Fuller, 8 Kell Lane, Map 40, Parcel 313. DEP
SE #211 -564
Ms. Merrill explained the Order of Conditions was issued in 1997 for the construction of a house,
driveway and septic system within the 100 -foot Buffer Zone of a Bordering Vegetated Wetland and a
Partial Certificate of Compliance was issued in 1998, showing all the work was in compliance with the
approved plan except for stabilization of the lawn.
2
Ms. Merrill said a land transfer recently occurred, leaving an encumbrance on the deed. Due to the
statute of limitations, Ms. Merrill said she is not sure what actions can be taken. She recommended that
the hearing be continued until a representative is present.
Ms. Matthew made the motion to continue the request for a Certificate of Compliance for 8 Keli Lane,
Map 40, Parcel 313, DEP SE #211 -564, to August 18, 2014. Mr. Maxwell seconded the motion. Motion
passed 4 -0 -0.
Hearing ended at 7:34 pm.
6. Request for Determination of Applicability: Mark Cook, Mansfield Department of Public Works.
Andrew Littig, DPW, was present.
The Request for Determination of Applicability (RDA) was filed along with a five year Vegetation
Management Plan (VMP) and Yearly Operating Plan (YOP) to update the town's vegetation management
control for nuisance vegetation in public rights -of -way. Ms. Merrill said this is very similar to the
MassDOT RDA that was filed recently for similar activities and the VMP application, along with the YOP,
approved by the Department of Agriculture Resources, outlines the protocol for herbicide applications
in sensitive areas. She said this plan has been in place for many years as part of the town's general
maintenance of rights -of -way. She recommends a Negative Determination for Reason #3 with the
special condition that the duration of the Determination be extended to five years, 2014 -2018.
Mr. Marcheselli 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, to the Mansfield Department of Public
Works for the Vegetation Management Plan to control nuisance vegetation in public rights -of -way. The
Determination will be extended to five years, 2014 -2018. Mr. Maxwell seconded the motion. Motion
passed 4 -0 -0.
Hearing ended at 7:37 pm.
7. Request for Determination of Applicability: Mansfield Maple 60 LLC, 421 Oakland Street, Map 30
Parcel 82.
Ms. Merrill explained the Request for Determination of Applicability was filed for the construction of a
truck ramp associated with an existing commercial building on an existing paved parking lot within 100
feet of Bordering Vegetated Wetlands associated with a stream channel for drainage. She said, due to
the way the parking lot is crowned and the distance from the resource area, approximately 70 feet, the
work within the paved area will not alter the resource area as long as the erosion controls are
maintained. She recommended that the Determination be issued with the condition that the erosion
controls be inspected prior to the start of work.
Joshua Bows of Merrill Engineers and Land Surveyors said the work area is located on the north side of
the building, an area currently being used for loading operations. The wetlands were flagged by Brad
Holmes of Environmental Consultants and Restoration, Inc. on June 26, 2014 and field located by Merrill.
He said there is an existing Cape Cod berm and catch basins that receive the run -off from this area and
3
there will be no increase in impervious areas, the drainage or run -off as a result of the proposed
changes to the site. Silt socks are proposed for the catch basins.
Mr. Marcheselli 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, to Mansfield Maple 60 LLC, 421
Oakland Street, Map 30, Parcel 82, to construct a truck ramp associated with an existing commercial
building, with the on -gong condition that the erosion controls be inspected prior to the start of work.
Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. Plan "Site Plan for Loading Dock 421 Oakland
Street" dated July 1, 2014, prepared by Merrill Engineers and Land Surveyors.
Hearing ended at 7:45 pm.
8. Request for Determination of Applicability: Mark Nappa, 73 Morrow Street, Map 18, Parcel 449.
The Request for Determination of Applicability was filed for the demolish of an existing screened porch
and the construct a 54'x16' deck with footings within the 100 -foot buffer of Inland Bank, the 200 -foot
Riverfront Area of Rumford River, and the 100 -foot buffer of a flood zone.
Homeowner Mark Nappa was present
Ms. Merrill said the two - tiered deck located approximately 80 feet from the edge of the inland bank of
the Rumford River will required eight (8) new footings and there will be minimal impact to the site. She
asked that the contractor install trenched -in silt fencing at the 50 -foot. She recommended the issuance
of a Negative Determination for Reason #3.
Mr. Marcheselli asked if the footings would be dug by hand. Mr. Nappa said yes.
Mr. Nappa was told if he could transplant the existing bushes located across the back of the house and
garage.
Mr. Marcheselli 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, to Mark Nappa, 73 Morrow Street, Map
18, Parcel 449, to demolish an existing deck and construct a deck with footings with the special
condition that if a machine is used for the footings, there will be no stockpiling of materials on site and
silt fencing be installed down gradient of the project to prevent run -off. Mr. Maxwell seconded the
motion. Motion passed 4 -0 -0. Site plan sketched by applicant.
Hearing ended at 7:50 pm
9. Notice of Intent: Robert Welch, Airport Manager — Mansfield Municipal Airport Commission, 265
Fruit Street, Map 34 & 36, Parcels 34 -115; 34 -415; 36 -11; 36 -148; 36 -15; 36 -16; 36 -150; 34 -130; and
Rail Trail Right -of -Way. DEP SE #211 -0923
The Notice of Intent was filed for tree cutting associated with Vegetation Management Plan within
Bordering Vegetated Wetlands and the 200 -foot Riverfront Area of Back Bay Brook.
4
Louis Andrews asked for a continuation of the hearing for the Mansfield Municipal Airport Commission
until the completion of the town's peer review.
Mr. Marcheselli made the motion to continue the Notice of Intent for Robert Welch, Airport Manager —
Mansfield Municipal Airport Commission, 265 Fruit Street DEP SE #211 -0923 to August 18, 2014. Ms.
Matthew seconded the motion. Motion passed 4 -0 -0.
10. Notice of Intent: Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187. DEP SE #211 -0922
The Notice of Intent was filed for the construction of an in- ground pool with concrete apron, proposed
grading and fencing within 100 feet of Bordering Vegetated Wetlands.
The Commission received a letter dated July 7, 2014 from RIM Engineering Co., Inc. requesting to
withdraw the Notice of Intent for 6 Sawmill Court, DEP SE #211 -0922. A second letter dated July 17,
2014 from RIM Engineering Co., Inc. requested that the Commission rescind the withdrawal request for
the Notice of Intent filing for 6 Sawmill Court, DEP SE # 211 -0922 and keep it on the agenda for the
upcoming meeting.
Ms. Merrill said the wetland line has been significantly revised to bring the 25 -foot No Touch Zone well
within the yard and the applicant is trying to change the design of the project. She recommended the
Commission grant one more continuation to the applicant.
Ms. Marcheselli made the motion to continue the hearing for Lawrence Gracer, 6 Sawmill Court, Map
37, Parcel 187, DEP SE #211 -0922, to August 18, 2014. Mr. Maxwell seconded the motion. Motion
passed 4 -0 -0.
Hearing ended at 8:00 pm.
11. Notice of Intent: Raj Moholtra, Terminus of Wood Avenue, Map 20, Lot 124. DEP SE #211 -0921.
The Notice of Intent was filed in March for the construction of one self- storage building with associated
site improvements within 100 feet of Bordering Vegetated Wetlands and requires a wetland filling and
replication.
James DeVellis, DeVellis Zrein Inc., was present.
Ms. Merrill explained the project is for a self- storage building which will require some wetland filling and
replication, with some isolated systems joined hydrologically. The project has been review several times
and Ms. Merrill has worked with Mr. DeVellis and Richard Alves, Town Engineer, to address the
Commission's concerns.
Mr. DeVellis gave an overview of the project and the changes made to address the Commission's issues
and concerns and said these changes have been incorporated into the plan. He said the Planning Board
met on July 16, 2014 and unanimously approved the project. Mr. DeVellis reviewed the issues and
concerns: The Commission asked for some enhancement to the proposed plan; Richard Alves, Town
Engineer and Shaun Burke, Director of Planning and Development, requested that Wood Avenue be
surveyed and improvements have been proposed for the road including full depth reconstruction,
curbing and drainage. Mr. DeVellis discussed the micro pool design and the stormwater management
5
for run -off. A Construction Protocol for the replication areas has been added to the plan (SP -1). Mr.
DeVellis noted that all Mr. Alves' concerns and comments in the May 29, 2014 and June 30, 2014
memos regarding the drainage pipes, specifically the undersized equalizer pipe, have been addressed;
the pipe will be capped with a 6" opening at the inlet and Mr. DeVellis said if the capped inlet becomes
blocked or clogged, the cap will be removed to clean out the pipe so the flow is unobstructed. All side
slopes will be stabilized with jute netting. Mr. DeVellis said they have responded to every department's
comments including Planning, Engineering, and Electric, Water and Sewer Departments and the
comments have been forwarded to the Commission.
Ms. Merrill recommended and included specialized conditions for this project. She asked that the
monitoring period be extended to make sure not only that the vegetation thrives but the hydrologic
conditions are met. She mentioned the micro pool which is designed to maintain more saturated
conditions to promote a water source for wildlife. She discussed the issue of fencing and said because
of the size of the site and the fact there are areas with no access to the property, a fence around the
entire perimeter of the property is not necessary. She said once construction is complete, she will meet
with the applicant and representative onsite to review the areas that may require permanent fencing or
other forms of demarcation of the wetland areas, especially along the crossing. The areas will be
determined in the field.
Mr. Marcheselli made the motion to issue an Order of Conditions to Raj Moholtra, Terminus of Wood
Avenue, Map 20, lot 124, DEP SE #211 -0921, with the following special conditions: 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 Mansfield Conservation Commission filled in by the Registry;
all mitigation and erosion control devices and measures (hay bales, waddles, siltation fences, etc.) shall
be installed, per the approved plan, prior to any construction, clearing, or excavation. The applicant
shall notify the Conservation Agent (Agent) when any such devices or measures are installed so that a
site visit can be made prior to the commencement of work. The Agent shall request an onsite meeting
with representative, contractor, owner and /or a qualified wetland scientist to review scope of work
prior to the commencement of work; in order to demarcate the 25 ft. "No Disturb Zone ", a snow fence
shall be installed along the 25 -ft. "No Disturb Zone" where siltation control is not proposed, to be
installed prior to any construction; except within the approved wetland restoration and fill areas, no site
access, staging, or construction activity of any kind is to occur within the 25 -ft. "No Disturb Zone" as
shown on the approved plans. There are no exceptions to this Condition; the Commission reserves the
right to require additional mitigation activities or erosion control devices or measures if mitigation or
erosion control devices are not adequately installed or maintained in the field; the applicant shall ensure
that all demarcation and erosion control devices will remain in place and be maintained throughout the
construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a
complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to
allow the seed to germinated and become established. All side slopes are to be covered with jute mesh
and seeded, as noted on approved plans, with an approved Conservation seed mixture with native
grasses, sledges and herbaceous plants. Once the seed has germinated, it shall be left to naturalize. At
no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the
Agent is to be contacted to review the extent of the erosion and determine follow -up actions; all roof
runoff is to be directed into stormwater drainage components as shown on the approved plan; the
n
Commission or the Agent is to be notified of the starting date of the work prior to its commencement;
the applicant shall retain the Order of Conditions and all plans on site during the construction; these
shall be made available to and reviewed with all contractors; wetland flagging must remain in place until
the project has been completed and the Certificate of Compliance issued; 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, a letter signed by a professional
engineer and a letter signed by a professional wetland scientist verifying the successful function of the
wetland replication areas, certifying that the work has been done in accordance with the approved
plans. Once a Certificate is requested, the Commission shall review the health and function of the
replicated wetland. If the wetland is not functioning properly at the time of this review, on -going
conditions may be included with the Certificate of Compliance for further restoration and monitoring
activities; 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; permanent
metal or plastic signs on mental posts (not on trees) to read "Environmentally Sensitive Area - Do Not
Disturb" are to be placed on site every 100 feet along the 25 -ft. "No Disturb Zone" as needed per the
Agents recommendation. Signs shall be no less than 5 feet in height and approximately 12" x 18" in size.
See the Agent for signage guidelines; No synthetic fertilizer, herbicides, pesticides or fungicides can be
used; only organic products may be used; the 10" equalizer pipe (capped with a 6" opening at the inlet)
shall be maintained and remain unclogged at all times. If the capped inlet becomes blocked or clogged,
the cap shall be removed, the pipes are to be cleaned, and the 10" pipes shall then flow unobstructed;
the wetland replication area plantings shall have a 75% survival rate within the first three (3) growing
seasons along with the replicated wetlands maintaining successful hydrologic conditions. If this survival
rate and/ or hydrologic conditions are not met, then recommendations for additional plantings and
additional restoration activities shall be proposed to the Commission; all debris and trash within the
existing wetland area is to be removed in the appropriate season as to not impact the resource area.
The Agent is to be notified prior to the removal of debris /trash; the Agent is to be notified prior to filling
of the designated wetland areas, the planting of the restorations areas and the installation of the
proposed hydrologic connection. A pre- construction meeting shall take place with the Agent, the
supervising wetland scientist, and the representative to discuss the project construction sequence; the
supervising wetland scientist shall oversee the filling and the planting of the replication areas and the
construction of the micro -pool. The supervising wetland scientist will submit a progress report including
photographs to the Commission every month after the planting of the replication areas have
commenced. These reports shall be submitted monthly until the areas have stabilized. Once stabilized,
the Agent must be notified to conduct a site visit to verify stabilization. Once the areas have stabilized, a
written report is to be submitted to the Commission in the spring and fall seasons until the three
growing seasons have passed; if stabilization of the replication areas and buffer zone side slope seeding
areas do not occur within the first growing season, the Agent is to be notified of the proper stabilization
techniques that are to be implemented to insure no sediment is discharged to the existing wetland; all
notes outlined on the plan entitled "Planting Plan ", dated June 6, 2014, (sheet C -3) are to be included as
conditions of this Order of Conditions, including invasive species evaluation and control as part of site
VA
preparation activities; all comments included on the memo from Richard Alves, Jr., Town Engineer,
dated May 19, 2014 and June 30, 2014, shall be addressed and included as part of this Order of
Conditions; The included drainage Report and Stormwater Management Plan prepared by DeVellis Zrein,
Inc, submitted February 28, 2014 (revised June 20, 2014) is to be included with this Order of Conditions.
All on -going O &M plan reports and checklists are to be submitted to the Commission as noted; the
conditions outlined in the Wetland Impact Assessment & Replication Protocols prepared by EcoTech,
Inc. and submitted February 12, 2014 are to be included with this Order of Conditions; Once
construction is complete, the Agent shall meet with the applicant and representative onsite to review
areas that may require permanent fencing or other forms of demarcation of sensitive wetland areas
where high activity will occur on a regular basis. These areas are to be determined in the field. Mr.
Maxwell seconded the motion. Motion passed 4 -0 -0. Plan, "Site Development Plans Proposed Self
Storage Building Wood Ave., Mansfield, MA ", dated February 28, 2014, revised June 6, 2014 and June
30, 2014, prepared by DeVellis Zrein Inc.
12. Correspondence:
13. New Business:
14. Old Business:
Clarification of Administrative Review process — Footings, pool filtration systems and patio pavers
Ms. Merrill asked if new footings, not replacement footings, located more than 50 feet away from a
resource area would be allowed under Administrative Review and if the Commission would like to limit
the number of footings.
Commissioners agreed that the application of permeable patio pavers on previously
developed /disturbed lawn, at least 50 feet away from resource areas and less than 200 square feet in
area would qualify for Administrative Review.
Commission discussed different filtration systems appropriate for pools in buffer zone.
Administrative Review Oversight- agent conducts a site visit and the applicant must clearly define the
proposed project and submit a sketch of the work. The work must be completed within 6 months of the
administrative decision date and there will be no continuation of the decision; applicant would have to
re- submit an Administrative Review form. Applicant would notify the agent when the work is to take
place and the work must be completed within 14 days of that date. The agent would conduct a site visit
to verify the work has been completed and is within the scope of the approved proposal. Any work
conducted beyond the scope of the approved work would be considered a violation and would trigger
an Enforcement Order.
Minutes — April 14, 2014: Motion was made to accept the minutes of April 14, 2014 as written. Ms.
Matthew seconded the motion. Motion passed 3 -0 -1. Ms. Matthew asked about the "Environmentally
Sensitive Area — Do Not Disturb" signs for Lincoln Road that were to be done in spring 2014. Ms. Merrill
said the developer will install all the signs for the sub - division in fall 2014 — she will follow -up to make
sure the signs are in.
Q
May 19, 2014: Ms. Matthew asked that the comment made during the hearing for the Request for
Determination of Applicability for Patricia Scarpellini, 1099 East Street, paragraph 2, regarding NHSEP
and the exemption be clarified. Ms. Merrill said she would amend the minutes to read the exemption is
for NHSEP but the project is still under the jurisdiction of the Wetlands Protection Act and the Mansfield
Wetland Protection By -Law, Chapter 15. Ms. Matthew said when the Commission requests the
"Environmentally Sensitive Area — Do Not Disturb" signs, DEP suggested that the By -Law be referenced,
giving the Commission the authority to require the signs. Ms. Merrill will develop a fact sheet for the
signs.
Mr. Marcheselli made the motion to accept the minutes of May 19, 2014 as changed. Mr. Maxwell
seconded the motion. Motion passed 4 -0 -0.
June 16, 2014: Mr. Marcheselli made the motion to accept the minutes of June 16, 2014 as written. Ms.
Matthew seconded the motion. Motion passed 4 -0 -0.
15. Adjournment:
Mr. Marcheselli made the motion to adjourn at 9:10 pm. Ms. Matthew seconded the motion. Motion
passed 4 -0.
Next eting will be August 18, 2014.
a es Turnbull, Y) e Chairman
rz 115 1 y
Date
0