HomeMy WebLinkAboutCONSERVATION_10202014_201412171519Town of Mansfield Conservation
Minutes
October 20, 2014
Present: James Turnbull, Vice Chairman; Christopher Marcheselli; Joseph Mulkern; Carole Matthew; Ryan
Maxwell; Katelyn Merrill, Conservation and Environmental Planner.
1. Meeting called to order at 7:00 pm.
2. Notice of Intent: Louis Della Valle & Bethany Nye, 75 Williams Street, Map 10, Parcel 7. DEP SE 211 -0928
The Notice of Intent was filed for the construction of a single - family dwelling, utilities, grading and septic
within 100 feet of Bordering Vegetated Wetlands.
Mr. Mulkern recused himself from this hearing.
Michael Trowbridge of Hutchins - Trowbridge Associates, Inc., representing the applicants, said they are
proposing a single - family house on approximately 5 acres of land. Mr. Trowbridge said two (2) 12" pipes were
installed instead of a box culvert for the driveway crossing over the wetlands. He said the house is outside the
100 -foot Buffer of the Bordering Vegetated Wetlands that are located in the front and back of the property.
The septic system will be located 160 -170 feet from any resource area. Mr. Trowbridge said the only work to
be done between the 100 -foot Buffer and the 25 -foot No Disturb Zone is a small amount of grading in the
southeast section of the property. He said the existing driveway will be scraped, leveled and then paved.
Siltation controls will be installed on both sides of the driveway. Roof drains will be installed.
Ms. Merrill said this property came in front of the Commission in February 2014 to amend an Order of
Conditions from 2005 (DEP SE 211 -0719) The original Order was issued for two lots (Lot 1 and Lot 2) to
construct adjacent driveways over Bordering Vegetated Wetlands as a limited project with replication. A
single - family home was constructed with a paved driveway on Lot 1, Cottage Street, but Lot 2, Williams Street,
was never developed. She said an existing single - family home on Lot 2 will be razed. She asked that silt fence
be added east of the existing single - family house on Lot 2 that will be razed. Mr. Trowbridge said because
there is grading within the 25- and 50 -foot buffer, a retaining wall or boulders will be added at the 50 -foot line
where the grading will end.
Mr. Maxwell asked if the retaining wall was necessary. Mr. Trowbridge said he could keep the grading as
shown on the plan but add the retaining wall as a demarcation of the 50- foot line to prevent any grading from
being done in the 25 -foot area. He will submit a revised plan showing the retaining wall and the additional silt
fence.
Ms. Matthew asked about the replication area. Mr. Trowbridge said the replication area is on the abutting
property, Lot 1, Cottage Street.
Mr. Marcheselli asked about signage. Ms. Merrill recommended two (2) signs at the crossing and two (2) at
the tree line. The actual locations will be decided in the field.
Mr. Marcheselli made the motion to issue an Order of Conditions for Louis Della Valle & Bethany Nye, 75
Williams Street, Map 10, Parcel 7, DEP SE 211 -0928, for a single - family dwelling, utilities, grading and septic
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system with the special conditions as recommended. The following are the recommended special conditions
under the Mansfield Wetland Protection By -Law, Chapter 15:
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; all work must
conform to the plans referenced in this Order, • 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; 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; 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; 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; the
Conservation Commission or its 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 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 and letter signed by a professional engineer, certifying that
the work has been done in accordance with the approved plan; 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;
four (4) permanent metal or plastic signs on mental posts (not on trees) to read "Environmentally Sensitive.
Area -Do Not Disturb ", location to be determined on site with conservation agent. Signs shall be no less than 5
feet in height and approximately 12" x 18" in size; no synthetic fertilizer, herbicides, pesticides or fungicides can
be used; only organic products may be used; siltation control shall be installed to the east of the existing single -
family dwelling to be razed. The siltation control must be maintained until the area has stabilized. Plan,
"Mansfield Municipal Electric Dept. Copeland Road (North of Pratt Street) Plan Showing Proposed Electric
Conduit Installation" C2.1.1, dated October 3, 2014, prepared by Coastal Engineering Company, Inc.
Mr. Turnbull seconded the motion. Motion passed 4 -0 -0
3. Request for Certificate of Compliance: Mr. K. Boutas, Home Developers, Inc., Green Acres Subdivision,
Green Acres Drive and Jennifer Drive. DEP SE 211 -131
Ms. Merrill explained this request for a Certificate of Compliance is from an Order of Conditions that was
issued in 1997 for the construction of a sub - division of eight (8) single - family lots on Jennifer Drive and Green
Acres Drive. All the work has been done according to the As Built plan and she recommended the Certificate
of Compliance be re- issued. She said this is for a land transfer and there is an encumbrance on the deed
because the original Certificate of Compliance issued in May 1998 was never recorded.
Ms. Merrill said 00 Jennifer Drive, a 34 -acre lot at the end of the cul -de -sac and the only lot within NHESP
Estimated Habitat, was used for compensatory flood storage for the whole sub - division.
Mr. Mulkern made the motion to issue a Certificate of Compliance for Mr. K. Boutas, Home Developers, Inc.,
Green Acres Subdivision, Green Acres Drive and Jennifer Drive, DEP SE 211 -131. Plan, "As Built Plan and Profile
of Jennifer Drive in Green Acres, A Subdivision in Mansfield, MA", dated March 12, 1991, revised March 12,
2991 and May 1, 1991, prepared by RIM Engineering Co., Inc. Mr. Maxwell seconded the motion. Motion
passed 5 -0 -0.
4. 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. Tree cutting associated with Vegetation Management Plan within Bordering Vegetated Wetlands and
the 200 -foot Riverfront Area of Back Bay Brook. DEP SE #211 -0923
Ms. Merrill noted this filing was first heard in April 2014. At the September 15, 2014 hearing the Commission
summed up the technical review by Mason & Associates. Some of the issues discussed at the hearing were
regarding hydrology and evapo- transportation rates, mitigation and invasive species management plans. She
said she has worked closely with Gale Associated, Inc., GZA Geo Environmental, Inc. and Mason & Associates to
draft an Order of Conditions to address all the concerns. She spoke with Aaron Gallagher, the representative
for the abutters, and she feels the Commission has addressed their concerns; some of their concerns were not
within the Commission's jurisdiction but the abutters were concerned about the hydrological changes after the
cutting occurred. Ms. Merrill said there are safeguards in place such as monitoring for three (3) years to
ensure that no significant hydrological changes to the wetlands occur due to the vegetation management
activities; monitoring will include photo- documentation from set photo stations, to be set up at each resource
area. She said once the vegetation management activities begin, this project will require a lot of monitoring.
Mr. Mulkern asked if there is a designated area for machinery to be stored and if there would be updates
submitted while the work is being done. Ms. Merrill said this information will be submitted prior to the
commencement of work (Condition #2 and #20). She said there will be weekly inspections while work is done
in the resource areas and until the disturbed areas have been stabilized (Condition #9).
Mr. Turnbull asked who would be responsible for submitting the Vegetation Management Plan and the Site
Implementation Plan. Ms. Merrill said the applicant will submit these plans (Condition #2)
Mr. Mulkern made the motion to issue an Order of Conditions for 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. Tree cutting associated with Vegetation Management Plan
within Bordering Vegetated Wetlands and the 200 -foot Riverfront Area of Back Bay Brook, DEP SE #211 -0923,
with the special conditions as recommended. The following are the recommended special conditions under the
Mansfield Wetland Protection By -Law, Chapter 15:
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 (Commission) filled in
by the Registry; The Applicant shall prepare a detailed implementation site plan (drawing) for the proposed
vegetation management for Commission approval, prior to cutting, including:
a. specific vegetation management plan (VMP) methods proposed for each major area (methods
described in the NOI and /or Draft April 2013 VMP)
b. maximum allowed height of vegetation above ground level in each resource area
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c. machinery access routes
d. limits of disturbance in resource areas
e. erosion and sedimentation controls
f. areas of existing vegetation to be protected (e.g., shrub thickets)
g. an assessment of species regarding invasive species control (by species / area) indicating both
pre - cutting and follow -up treatment areas.
A field meeting shall be conducted with the Applicant Representative, Agent and /or Contractor prior to the
start of vegetation management to review plans, scope of work, and determine the location of erosion and
sedimentation controls (wattles, siltation fences, timber mats, etc.) depending on field conditions. An inspection
by the Agent shall be conducted after erosion and sedimentation controls have been installed within the
proposed work areas. No machinery is to access the proposed work areas until the erosion and sedimentation
controls have been reviewed and approved. The Commission or the Agent is to be notified of the starting date
of the work prior to its commencement A comprehensive and consolidated Invasive Species Management Plan
should be prepared for review and comment by the Commission prior to the commencement of work within
jurisdictional areas. It should include a narrative and a preliminary site assessment of invasive species
(submitted as a site plan). This management plan shall be consistent with and supportive of the activities
proposed in the Approved Notice of Intent and the overall Airport VMP. The Invasive Species Management
Plan shall adopt an adaptive management approach, including integrated pest management The Applicant
shall submit an update to the April 2013 Vegetation Management Plan as an addendum prior to the
commencement of work in regulated areas. Any discrepancies between the NOI and the April 2013 VMP shall
be identified in the Addendum. The VMP Update should reflect the means and methods outlined in the
approved Notice of Intent (NOI). The vegetation management methods outlined in the VMP are to be included
as conditions of this Order of Conditions, The VMP and site plans shall be submitted to the Commission and the
Town in electronic format as well as hard copies, The Applicant should submit the Request for Proposal (RFP)
and proposed contract for vegetation management activities to the Commission for their review and comment
to ensure requirements adhere to the NOI plans and associated Order(s) of Conditions and final VMP; All
names, addresses, phone numbers and emergency phone numbers for all contractors shall be provided to the
Commission. Contact information for the contractor to perform vegetation management activities within
resource areas is to be submitted to the Commission; All VMP cutting activities within jurisdictional resource
areas, including associated buffer zones, shall be monitored by a wetland professional to provide oversight for
the Commission. Weekly inspection reports (or lesser frequency as agreed to by the Commission), shall be
submitted to the Commission during the period in which work is being done in the resource areas and
immediately afterward until such time as soils are stabilized to the satisfaction of the Commission. Weekly
inspection reports shall document work progress, any problems, and measures taken to rectify problems; In the
early spring after cutting activities and for the following three (3) growing seasons, a wetland professional shall
submit a brief annual monitoring report to the Commission, detailing the specific work accomplished the
previous year by area, the effectiveness of that work, and work proposed for the upcoming season by area. The
annual report should include a site plan showing work areas, cutting activities, invasive species assessment and
management, and herbicide treatment areas; The wetland boundaries, as delineated, are to be monitored by a
wetland scientist annually for the first three (3) growing seasons, to ensure that no significant hydrological
changes to the wetland occur due to the vegetation management activities. This assessment shall include
monitoring activities to occur bi- annually, in the early spring and early fall. Such monitoring activities shall
include photo- documentation from set photo- stations, vegetation inventory of set vegetation plots, and set
water monitoring of surface water and shallow groundwater. These stations are to be set up at each resource
area and reviewed by the Agent prior to the start of VMP activities in regulated areas. The boundary
monitoring assessment may be submitted with the annual monitoring report. If significant changes to the
delineated boundaries are reported, the Commission shall review the need for possible further mitigation
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measures; The Certificate of Compliance may be requested in writing after the three (3) growing seasons have
past. At the some time, the Applicant or any successor shall, upon completion of the project submit a detailed
wetland status report a letter signed by a professional engineer and by a wetland professional verifying the
successful function of the wetland within the approved VMP areas, reporting that the work has been done in
general accordance with the approved VMP plans. Once a Certificate is requested, the Commission shall review
the health and function of the subject wetlands. If the wetlands are 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; The Commission reserves the right to require additional erosion control devices or
measures, if needed, to effectively control sedirrtemation or erosion; The Applicant shall ensure that all
delineations, demarcation and erosion controls will remain in place and be maintained throughout the cutting
process and until all disturbed areas are stabilized. If erosion occurs, the Agent is to be contacted to review the
extent of the erosion and determine follow -up actions, Vegetation management shall be done in accordance
with Notice of Intent Narrative for removal of "Vegetative Penetrations into Airspace as per Vegetation
Management Plan, September 11, 2014, Mansfield Municipal Airport 265 Fruit Street, Mansfield, MA (DEP file
SE 211 - 0923) ". The Applicant shall retain the Order of Conditions and all plans on site during the construction.
These documents shall be made available to and reviewed with all contractors, All wetland boundaries as
approved shall be flagged before the start of any VMP activities in order to ensure work does not take place
within wetland resources and /or buffer zones during the scheduled upland VMP activities. All proposed limits
of disturbance, limits of cutting, and access routes, within jurisdictional areas should be flagged in the field for
Agent's review prior to regulated wetland resource VMP activities. All flagging must remain in place during all
VMP 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,• No significant change in existing surface
topography or existing soil and surface water levels except for temporary access roads that are outlined in the
implementation plan, if applicable. Drainage and flow patterns shall not be significantly altered. Stream flow
(including Back Bay Brook) shall be unimpeded at all times; At the end of each workday, construction
equipment shall be staged and stored outside of jurisdictional areas (wetlands and buffer zones) in a manner
and location that will minimize the compaction of soils and the concentration of runoff. Refueling and
maintenance of vehicles may occur only in upland outside of jurisdictional areas. It is the contractor's
responsibility to immediately report any fuel, oil or other chemical spills or releases to the Agent and to contain
and remediate any such spills or releases; The cutting and removal of vegetation shall occur during periods
when the ground is frozen, dry or otherwise stable to support previously approved mechanical equipment The
placement of slash, branches, and limbs resulting from cutting and removal operations shall not occur with 25
feet of the bank of a water body and there shall be no stockpiling within wetlands unless otherwise approved,•
At no time shall vehicles enter or cross any wetlands unless clearly indicated in the approved final VMP plan or
information approved within this Order, It is anticipated that the applicant will minimize future impacts to
wetlands by the regular and routine maintenance of vegetation within the Vegetation Management Areas
involving regulated wetland resources and buffer zones, in accordance with Yearly Operational Plans, to be
submitted for successive 5 -year periods. For each YOPU submittal, the Commission may review the proposed
actions for consistency with the original VMP approvals. Except for the routine grass mowing of the Airport
primary surfaces, the Airport applicant shall notify the Commission of all VMP maintenance activities a
minimum of four (4) weeks prior to implementation; Ongoing authorization for maintenance will be as
successive 3 -year extensions of the Order of Conditions upon request or as continuing maintenance obligations
under the Certificate of Compliance, a request for which may be -submitted to the Commission following
satisfactory completion of the initial tree removal activities permitted for Year 1 of the YOPU; All work must
conform to the plans referenced in this Order: Vegetation Management Plan, final revision date April 2013,
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T1.1 Tree Clearing Plan, final revision date September 2014, T1.3, Proposed 14 End Tree Clearing, final revision
date September 2014, T1.4, Proposed 22 End Tree Clearing, final revision date September 2014.
Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0
Hearing ended at 7:28 pm.
S. Notice of Intent: Town of Mansfield, 99 Maple Street, Map 30, Parcel 67. DEP SE 211 -0930
The Notice of Intent was filed for the installation of concrete encased conduit and manholes for electrical
infrastructure along Copeland Road within 100 feet of Bordering Vegetated Wetlands and the Canoe River
ACEC.
Christopher Cox, Mansfield Electric Department explained this is basically an extension of manholes and
conduit, to be installed along a paper road, Copeland Road, from Maple Street at the Cate Springs Well to Pratt
Street. He said the work will be done in phases over the next 5 -6 years and will be extended to East Street by
the High School.
Ms. Merrill said she walked the site with Mr. Cox and the work will be within the 100 -foot buffer of Bordering
Vegetated Wetlands and the Canoe River ACEC. She said most of the work will be outside the 25 -foot No
Disturb Zone of the berm of a detention pond located to the west. The area of work is not within NHESP
Habitat or within 100 feet of a Potential or Certified Vernal Pool. Erosion controls are proposed. She said the
work area abuts Natural Resources Trust, Conservation Land and the Town of Mansfield water supply. Ms.
Merrill said the work within the 25 -foot No Disturb Zone is exempt under the Mansfield Wetland Protection
By -Law, Chapter 15, Section 2.2 (2).
Ms. Merrill said the town is seeking an easement to install the conduit over a portion of Natural Resources
Trustland.
Mr. Maxwell asked about the process of installing the conduit and if there would be trenches. Mr. Cox said the
manholes would be installed first and then the conduit will be connected to the manholes. Mr. Cox said the
trenches are filled in at the end of each day.
Mr. Mulkern asked when the work would begin and who would oversee the project. Mr. Cox said a contractor
has not been hired but the work will be monitored by the Electric Department. He said no work will be done
during the winter months and probably will not start until 2015 -2016 because they still need to acquire some
easements.
Ms. Matthew asked about the General Notes on the plan. #2 — all disturbed areas shall be stabilized and /or
revegetated within fourteen (14) days of installation. Non -paved areas to be restored in kind; #7 — Acceptance
by the Mansfield Commission for the proposed work show on, this plan, does not constitute specific
acceptance of the boundaries of the resource areas shown hereon. Ms. Merrill said a specific delineation of
the boundaries was not done. Ms. Merrill said the limit of work should be well defined because there are
property rights and Conservation jurisdiction.
Lou Andrews, representing Natural Resources Trust (NRT), said the area where the work is being done is
owned by NRT and they are in the process of granting an easement to the town so the project can go forward.
He said the main concern is when the project is completed, the area is graded properly so walkers and hikers
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can safely use the land. Ms. Merrill recommended a copy of the easement agreement between the Town of
Mansfield and NRT be submitted. She said a Special Condition can be added that post- construction conditions
be returned to original grade to promote safe pedestrian foot traffic.
Mr. Mulkern made the motion to issue an Order of Conditions to the Town of Mansfield, 99 Maple Street, Map
30, Parcel 67, for the installation of concrete encased conduit and manholes for electrical infrastructure along
Copeland Road within 100 feet of Bordering Vegetated Wetlands and the Canoe River ACEC, DEP SE 211 -0930,
with the special conditions as recommended. The following are the recommended special conditions under the
Mansfield Wetland Protection By -Law, Chapter 15:
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, • all work must
conform to the plans referenced in this Order; 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; 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; 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; the Conservation Commission or its 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 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 some 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; 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; the town is to submit a copy of the easement agreement between the Town of Mansfield and
Natural Resources Trust of Mansfield, Inc. to the Conservation Department for the file. Mr. Maxwell seconded
the motion. Motion passed 5 -0 -0.
6. Notice of Intent: Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15. DEP SE 211 -0929
Scott Goddard and Rachel Watsky of Goddard Consulting, LLC, representing the Applicant, were present.
Ms. Watsky explained the Notice of Intent filed to construct four (4) hangars, a fueling area, associated parking
and driveway areas, a stormwater basin and a wetland replication area. She said on behalf of the Applicant,
Goddard Consulting, LLC has been before the Army Corps of Engineering and DEP for 404 and 401 permits; the
permitting process began in 2011 -2012. In October 2013, an Environmental Notification Form (ENF) was
submitted to MEPA to see if an Environment Impact Report (EIR) was needed. Ms. Watsky said after the
review, MEPA issued a letter date December 6, 2013 confirming that an EIR was not required for this project
and no further review was necessary. A Water Quality Certificate was issued in February 2014, confirming that
the project would meet the standards outlined in 313 CMR 4.00. Once these two certificates were obtained,
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Goddard Consulting went back to the Army Corps of Engineering in March 2014. Ms. Watsky said because the
Army Corps does not accept wetland replication, preferring preservation, the proposed plan had to be
adjusted because the FAA does not accept preservation on Airport property. Due to the preservation
restriction, the permit process has been put on hold until spring 2015, when the annual Town Meeting will
vote whether to approve the preservation restriction on town property. A letter issued July 8, 2014 confirmed
that the permit issuance process would be placed on hold until after Town Meeting. The proposed mitigation
will be on a parcel of land across Fruit Street from the Airport, next to the bike path /Rail Trail. Ms. Merrill said
this 2.83 -acre parcel (34 -415) to be used for the mitigation is one of the areas included in the Vegetation
Management Plan submitted under a Notice of Intent, DEP SE 211 -0923, by the Airport.
The applicant has received all applicable permits: 401 Water Quality Certificate, Army Corps of Engineering,
MEPA, and Mass Historical.
An Alternative Analysis was done and a copy is included in Section 4 of the Notice of Intent. Ms. Merrill said
all documents referenced by Ms. Watsky are also included in the Notice of Intent filing.
Ms. Watsky said the Notice of Intent was filed because most of the proposed work is within the 100 -foot
Buffer of Bordering Vegetated Wetlands but outside the 25 -foot No Disturb Zone and is jurisdictional under
the Wetlands Protection Act and the Town of Mansfield's Wetland Protection By -Law, Chapter 15. She said
the Applicant proposes to fill approximately 12,505 square feet of an Isolated Vegetated Wetland (IVW), which
goes over the threshold of 5, 000 square feet.
Mr. Mulkern asked if the fuel storage tanks would be underground and what will be done to protect the area
from spills and overflows. Mr. Goddard said the tanks are above - ground and will meet all standards to prevent
any contamination. Ms. Merrill said the stormwater management has been designed to allow pre- treatment
of any discharge from this area.
Lou Andrews, Chairman of the Airport Commission, said a concern was the close proximity of the tanks to the
wetlands. He noted the type of tanks proposed have safeguards in place to prevent spills. He said the bigger
concern would be when the planes are being fueled in this area. Mr. Andrews said there are spill prevention
procedures and spill kits at the Airport to reduce any spills and prevent it from entering the storm drains.
Ms. Matthew asked why the Army Corps of Engineering is interested in the lot (34 -415) to be used for
preservation and what would happen if the Applicant does not receive approval at Town Meeting. Ms. Watsky
said the preference is to have wetland preservation but DEP prefers wetland replication so the applicant is
trying to establish a balance by having wetland replication and preservation on this parcel. The parcel will be
used because FAA regulations forbid putting restrictions on Airport property. Ms. Merrill said if the restriction
is not approved, the Applicant would have to start over after years of permitting.
Lou Andrews, President of Natural Resources Trust, said because the FAA will not allow an encumbrance or
easement on Airport property, the Airport has purchased the property across from Fruit Street to provide a
Conservation Easement. The Airport has voted to allow the easement and the Army Corps of Engineering has
agreed; the land would be preserved and the Airport would be able to go forward with the project. Mr.
Andrews said this is not an Airport Commission project, but a privately funded project by Mansfield Landing,
LLC, who leases the property from the Airport. The Order of Conditions and the encumbrance go with the land
not the applicant.
Ms. Merrill requested a Construction Sequence and Ms. Watsky has submitted the document.
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Ms. Watsky has submitted a Stormwater Management Plan. Ms. Merrill said she will review the plan with
Richard Alves, Town Enginee,r and any comments will be submitted to the applicant. Ms. Watsky said all the
documents have been reviewed by DEP, MEPA and the Army Corps of Engineering.
Ms. Merrill walked the site with Mr. Goddard and Ms. Watsky and she suggested the Commission look at the
site if possible. Ms. Merrill said she agreed with the Alternative Analysis that there is no other location for the
project. She said a planting plan has been submitted. She noted this is a good proposal and Mr. Goddard and
Ms. Watsky have done a great job.
Mr. Mulkern asked if there was a start date. Ms. Watsky said they need to go back to the Army Corps of
Engineering to get approval of the final Conservation Management Plan and then get the deed restriction.
Mr. Turnbull said the Construction Sequence outlines most of the conditions required.
Ms. Merrill recommended the hearing be continued so Mr. Alves can review the stormwater management and
submitted his comments and a draft of the Order of Conditions can be reviewed and approved by the
Commission and the Applicant.
Mr. Mulkern made the motion to continue the hearing for Ron Nation, 265 Fruit Street, Quadrant 4, Map 36,
Parcel 15, DEP SE 211 -0929, to November 17, 2014. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0.
7. Correspondence:
8. New Business:
"No Hunting /Hunting" on Conservation Land — Streese Property: Ms. Matthew said the Streese property was
donated as conservation land and with the intention that there would be no hunting on the property.
Lou Andrews explained hunting would have to be allowed on any land purchased with state funds. He said
the Streese property was purchased by the town, putting the land under the Conservation Commission's care,
so it is up to the Commission to decide whether to allow or not allow hunting on this property. He said at this
time, hunting is allowed on this property.
Request to purchase map holders for Conservation Land with trails: Lou Andrews asked that the Commission
purchase eight (8) map holders for Conservation Land with trails.
Mr. Mulkern made the motion to allow the purchase of eight boxes for maps, cost not to exceed $250.00. Mr.
Marcheselli seconded the motion. Motion passed 5 -0 -0.
9. Old Business:
Motion to approve the July 21, 2014 minutes. Mulkern /Marcheselli Passed 4 -0 -1.
Motion to approve the September 15, 2014. Mulkern /Marcheselli Passed 4 -0 -1.
10. Adjournment:
Motion to adjourn at 9:35 pm. Mulkern /Marcheselli Passed
W
be NoJf�mber 17, 2014 at 7:00 pm.
Ia- 1,7 -1L1
Chris MarcheAell,, Acting ChaYrman Date
10