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HomeMy WebLinkAboutCONSERVATION 12152014_201502051522TOWN OF MANSFIELD CONSERVATION MINUTES DECEMBER 15, 2014 Present: Christopher Marcheselli, Acting Chairman; Ryan Maxwell; Joseph Mulken; Carole Matthew; Katelyn Merrill, Conservation and Environmental Planner. 1. Meeting called to order at 7:07 pun. 2. Request for Certificate of Compliance: Brian and Lee Ann Fallon, 20 Winslow Way, Map 41, Parcel 446. DEP SE 211- 0909. Michael Trowbridge of Hutchins- Trowbridge Associates, Inc., representing Mr. and Mrs. Fallon, was present. The Order of Conditions was issued October 23, 2013 for an addition to a single- family dwelling on a previously disturbed area, within 100 feet of bordering vegetated wetlands, Canoe River ACEC, and a Natural Heritage Estimated and Priority Habitat. A letter and an As -Built plan, "Conservation As -Built 20 Winslow Way ", dated November 10, 2014, prepared by Hutchins- Trowbridge Associates, Inc. was submitted and Mr. Trowbridge said all work has been done in substantial compliance with the approved plans and Order of Conditions, with the exception that the bulkhead was moved from the rear of the addition to the side due to site constraints. Ms. Merrill said the addition has been completed and is located in the approved location and the changes have been noted in the file. Ms. Merrill recommended a full Certificate of Compliance be issued. Mr. Mulkern made the motion to issue a Certificate of Compliance to Brian and Lee Ann Fallon, 20 Winslow Way, Map 41, Parcel 446, DEP SE 211 -0909. Ms. Matthew seconded the motion. Motion passed 4 -0 -0. 3. John Stanovitch, 200 Old Elm Street, DEP SE 211 -0913. Change in plan. Michael Trowbridge, representing Mr. Stanovitch, said the change in the approved plan is to install a stone wall at the edge of grading for a recently approved single- family dwelling. Because there have been grading issues at the site during construction, Mr. Trowbridge said the stone wall would help to minimize the amount of grading within the buffer zone and will minimize the slope of the front yard, resulting in less impact. A revised plan has been submitted. Ms. Merrill said because there would be no change to the scope of work, she recommended the Orders be amended to incorporate the change. Mr. Maxwell made the motion to accept the change in plan for 200 Old Elm Street, Map 6, Parcel 59, DEP SE 211- 0913, as per the revised plan, "Conservation Plan Sewage Disposal System, 200 Old Elm Sheet" dated October 18, 2013 and revised November 10, 2014, prepared by Hutchins- Trowbridge Associates, Inc. Mr. Mulkern seconded the motion. Motion passed 4 -0 -0. 4. Request for Certificate of Compliance: Colleen M. Wade, 1779 West Street, Map 2, Parcel 363. DEP SE 211.0901 Ms. Merrill said an Order of Conditions was issued on June 17, 2013 to demolish the existing single - family dwelling and construct a new dwelling with a deck, driveway, septic system, retaining wall and related grading within 100 ft. of the Bordering Vegetated Wetland of Greenwood Lake. The new dwelling is located approximately 15 feet further away from the resource than the previously existing dwelling and has been constructed within the approved locations. Ms. Merrill said all work has been satisfactorily completed including the final grading and the disturbed areas have re- vegetated with the exception of a small area in the front of the property which will be landscaped. She said the existing siltation control protecting the wetlands from runoff remains in place and is in good shape. She recommended a full Certificate of Compliance be issued. Mr. Maxwell made the motion to issue the Certificate of Compliance to Colleen M. Wade, 1779 West Sheet, Map 2, Parcel 363, DEP SE 211 -0901, "As -Built Board of Health House Location at Hse. No. 1779 West Street in Mansfield, MA ", dated April 10, 2014, revised July 8, 2014 (add Decks), prepared by RIM Engineering Co., Inc.). Mr. Mulkern seconded the motion. Motion passed 4 -0 -0. 5. Request for Determination of Applicability: Gary S. Moore, 47 Morrow Street, Map 18, Parcel 154 The Request is for the construction of a 14' x 20' addition and deck to a single - family dwelling within the 200 -foot Riverfront Area of the Rumford River, the 100 -foot Buffer Zone of an Inland Bank, and the 100 -foot Buffer of the 100 -year Flood zone. Ms. Merrill said the work will be within a previously developed lawn area located approximately 30 feet from the bank of the Rumford River. She asked that all roof runoff be collected into a gutter system or gravel trenches and the limit of work be established and inspected before the start of work. Siltation controls are to remain in place until the project is completed. Mr. Morrow was told the only work approved with this Request is the addition; any new work will require a new filing. Ms. Matthew made the motion to issue a Negative Determination for Reason #3, work will not alter a Resource Area, to Gary S. Moore, 47 Morrow Street, Map 18, Parcel 154, with the following special condition; limit of work is to be inspected by Agent prior to the commencement of work. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 6. Request for Determination of Applicability: Mr, Michele and Mrs. Donna DeSantis, 62 York Road, Map 2, Parcel 289. The homeowner was not present Ms. Merrill said the Request was submitted for the conversion of an existing deck to a three- season room, using the existing deck footings, and the removal of one mature pine tree on a lawned area, within 100 feet of Bordering Vegetated Wetland. She noted the existing deck is located approximately 37 feet from the BVW and the pine tree is approximately 45 feet from the BVW. Siltation controls are proposed on the plan. Mr. Marcheselli asked what world happen if the Determination was issued using the existing footings, but once construction starts, a full foundation or new footings are determined to be necessary. Ms. Merrill said the applicant would have to submit a revised plan for the Commission's approval. She recommended a Negative Determination for Reason #3 be issued, work will not alter a Resource Area, be issued, noting that the new addition will be constructed on the existing footings, with the following conditions that the limit of work be inspected by the Agent prior to the commencement of work and the tree be flush cut. Mr. Mulkern made the motion to issue a Negative Determination for Reason #3, work will not alter a Resource Area, to Mr. Michele and Mrs. Donna DeSantis, 62 York Road, Map 2, Parcel 289 with the following conditions: the limit of work is to be inspected by the Agent prior to the commencement of work, the new structure is to be on existing deck footings, tree is to be flush curt and stump grinded, agent is to notified of completion of work. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 7. Notice of Intent: John Walsh, 54 Willow Street, Map 28, Parcels 11,12,118 & 150. DEP SE 211 -0931 William Buckley, Jr., Bay Colony Group, Inc., the applicant John Walsh, Walsh Bros. Construction and Briscoe Lang, a biologist from Pare Corporation. Mr. Buckley explained the proposal is for a subdivision on the east side of Willow Sheet and Cabot Pond with 19 single - family homes and approximately 1,998 linear feet of sub - division roadway with associated drainage, water and utilities. The delineation of the resource areas was done in January through April 2014 and an GRAD, DEP SE 211 -0920, was issued in April 2014. A portion of the work will be conducted within the Buffer Zone of BVWs and the Buffer Zone of the inland bank of an unnamed stream, identified on the USGS as a perennial stream. Mr. Buckley said according to,the owner of the property the stream that flows from Spring Sheet to Cabot Pond is intermittent. After monitoring the stream thorough the month of August 2014 with photos and video, Mr. Buckley determined the stream to be intermittent. Mr. Buckley discussed the stormwater management proposal and the sewer easement. He said there is a proposal for restoration of the Riverfront and Buffer Zone areas. Mr. Buckley said the Town Engineer suggested adding sidewalks to Willow Street to connect with the existing sidewalk on School Street. Mr. Buckley said the Applicant has offered to donate Cabot Pond to the town with a gravel parking area at the end of Lorraine Way for public access to the pond. In November he presented a plan to the Planning Board showing the gravel parking area but after discussion with the Board members and neighbors, the parking area was removed from the plan. Mr. Mulkern asked what will happen in this area now that the parking area will not be done. Mr. Buckley said it will provide access to the pond if the town decides to accept the donation. Mr. Mulkern asked about the replication areas and the possibility that more than plantings need to be done. Ms. Matthew commented that the By -Law, Chapter 15, Section 2.4, can call for a buffer of 25 -50 feet not just 25 feet for specific projects, especially around Cabot Pond. She said the ANRAD listed the stream as perennial but it has been determined it is intermittent and asked how this should be handled. Ms. Merrill said the ORAD should be amended to reassign the classification of the stream to intermittent if the Board agrees with that classification. Mr. Buckley said this Notice of Intent is for the roadway only but Lots 1 -6 will require individual filings. Ms. Merrill said the roadway can be approved and an Order of Conditions issued with a Special Condition added that Lots 1 -6 will require separate filings. Mr. Maxwell asked if the sewer main connection would be in the water table and if de- watering would be necessary. Mr. Buckley said yes and, because the water table is relatively high, de- watering will be needed. Ms. Merrill suggested an Invasive Species Management Plan with Buffer Zone restoration be submitted as part of the permit to improve the area on Spring Street. She said the installation of the sewer line is under a limited project within the resource area. She said Mr. Alves, Town Engineer, was against the second manhole being installed because it would be more detrimental to the Buffer Zone than to allow the installation of the utilities within the 25- ft. area. Mr. Buckley said they will be finished with the Planning Board in January. He asked if the Conservation Commission would accept the donation of Cabot Pond. Mr. Mulkern said he was in favor of accepting the donation. Ms. Matthew said the pond has been historically used by residents. Mr. Marcheselli said this is a well thought out project. Mr. Maxwell and Ms. Matthew were fine with the project. Mr. Mulkern made the motion to continue the hearing for John Walsh, 54 Willow Street, Map 28, Parcels 11, 12, 118 & 150, DEP SE 211 -0931, to January 12, 2015. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 8. Notice of Intent: John Walsh, Willow Street, Map 12, Parcel 27, Lots 22 & 23. DEP SE 211.0933 William Buckley, Jr., Bay Colony Group, Inc., the applicant John Walsh, Walsh Bros. Construction and Briscoe Lang, a biologist from Pare Corporation were present. Mr. Buckley said the Notice of Intent application for Lots 22 & 23 was submitted for the construction of a bridge for a residential driveway crossing over an unnamed stream, which runs from north to south across the property. This stream crossing will access two (2) single - family dwellings with associated utilities as a limited project under 310 CMR 10.53, within the Buffer Zone of Bordering Vegetated Wetlands (BVW) and Inland Bank. Mr. Buckley said the site also curtains a potential vernal pool as well as the unnamed stream which was identified in an April 2014 GRAD, DEP SE #211 -0920, as a perennial stream. Mr. Buckley submitted a revised plan with a more detailed plan for the construction of the bridge and has incorporated Ms. Merrill and Richard Alves, Town Engineer, comments. Mr. Buckley explained there would be four (4) house lots on 7.0 +/- acres to the west of Willow Street with two separate access points to the houses. He said an Alternative Analysis has been done and the alternative to two separate accesses to the houses would be a sub - division roadway which would be within the Buffer Zone of Bordering Vegetated Wetlands and Bank, creating more of an impact to the resource areas. The bridge crossing for Lots 22 and 23 and the common driveway for Lots 20 and 21 would result in less impervious area than a sub- division roadway. Mr. Buckley said the bridge crossing has been designed following standards for a perennial stream in compliance with MASS Rivers and Streams Crossings Standards and the Openness Ratio. Mr. Buckley said the bridge crossing for Lots 22 and 23 would be less intrusive resulting in 3,800 square feet of permanent alteration and 3,200 square feet of temporary alteration to include the grading necessary to construct the homes, bridge, driveway and utilities. Mr. Buckley said a restoration plan has been submitted for the 25 -foot No Disturb Zone (NDZ). in addition to the restoration of this area, a split rail fence will be place 25 feet from the stream bank on the west side of house lot #23, to protect the restored area. He noted that the area between the stream and Willow Street will also be restored with natural plantings. Ms. Merrill said it should be noted that no work is to be done within 100 feet of the potential vernal pool on Lot 23. She said when the ANRAD was submitted the stream was classified as perennial but feels there is credible evidence that show it is an intermittent stream. She said the ORAD may have to be amended if the Board agrees with that classification. She will contact DEP to determine what steps are necessary to make the change from perennial to intermittent. Briscoe Lang, Environmental Scientist from Pm-6 Corporation, said the original wetland delineation determined the stream was perennial because at that time observations and documentation necessary to determine if the stream was perennial or intermittent had not been done. He said the documentation, through photos and video has now been provided, to be reviewed by the Commission to make a determination if the stream is intermittent or perennial. Mr. Lang said the existing ORAD can be amended or the filing re- submitted to DEP if the Board agrees with the intermittent classification, the abutters notified and a public hearing held. He said a Finding of Fact, which would be included in the Order of Conditions, with all data, photos and video, can be submitted with a letter to DEP, stating the Commission found the stream to be intermittent based on all the information submitted. Mr. Marcheselli suggested signage be added to the 100 -foot Buffer. He asked for clarification of the driveway crossing with the By -Law and 25 -foot NDZ. Ms. Merrill said the By -Law cites limited projects allowing for a crossing of a resource area. She said if a sub - division roadway was constructed, it would require more work within the Buffer Zone. She said she will be contacting DEP to discuss this situation. Mr. Mulkern made the motion to continue the hearing for John Walsh, Willow Street, Map 12, Parcel 27, Lots 22 & 23. DEP SE 211 -0933, to January 12, 2015. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 9. Notice of Intent: John Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21. DEP SE 211 -0932 William Buckley, Jr., Bay Colony Group, Inc., the applicant John Walsh, Walsh Bros. Construction and Briscoe Lang, a biologist from Pa•b Corporation were present. Mr. Buckley explained the filing is for Lots 20 & 21 on the southerly potion of the property for two (2) single - family homes along with associated drainage, water and utilities, which will be accessed by an 18 -foot wide common asphalt driveway. Work will be within the 100 -foot buffer zone of Bordering Vegetated Wetlands and an Inland Bank. He said the driveway will require zoning relief because the Zoning Board of Appeals By -Law does not allow for common driveways. The driveway will be located to the south of the stream, with no stream crossing proposed. Mr. Buckley said the permanent alteration within the Buffer Zone will be approximately 3,200 square feet because of the driveway. The temporary alteration, approximately 4,500 square feet, will include the grading necessary to construct the homes, driveway and utilities. Erosion controls are proposed. Mr. Mulkern made the motion to continue the hearing for John Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21, DEP SE 211 -0932, to January 12, 2015. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 10. Notice of Intent: Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15. DEP SE 211 -0929 This hearing is a continuation from the October 20, 2014 meeting. The NOI application was submitted for the construction of four (4) hangar building, a fueling area, associated parking, drainage and driveway areas adjacent to existing hangars and a runway at the Mansfield Municipal Airport. Rachel Watsky of Goddard Consulting, Inc. was present. Ms. Watsky submitted updated plans. She explained DEP reviewed the project for the 401 Water Quality Certificate but the review of the 404 process by the Army Corp. of Engineering has been put on hold until the Town votes to approve the Conservation Restriction on the 2.83 -acre lot across the street on Fruit Street (across from the bike path) in the spring of 2015 at the annual town meeting. Ms. Watsky said since November, all of Richard Alves, comments, mostly administrative, have been addressed. Ms. Watsky said she received a message before the meeting tonight from Scott Goddard that the applicant, Ron Nation of Mansfield Landing, would like to adjust the building footprints. Ms. Merrill noted that all of the Commission's comments have been addresses including the submission of the Stormwater Pollution Prevention Plan for the Airport, including emergency response for fuel spills. 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 January 12, 2015. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. 11. Correspondence: 12. New Business: Open Meeting Law review: Ms. Merrill reviewed the Open Meeting Law. Ms. Merrill reviewed the revisions to the Wetland Protection Act 310 CMR 10.00 effective October 24, 2014. She will go over the revisions more thoroughly at the next meeting. Hunting Regulations and Designation Areas in Mansfield Conservation Lands: Ms. Merrill said that hunting is allowed in the Great Woods Area because state funds were used to purchase the property. She said Marie Streese Memorial Conservation Area, a 47 -acre parcel at the intersection of Ware and Branch Streets and the Sweet & Kalihs Conservation Area, located on Otis Street, are within the jurisdiction of the Commission to decide if hunting should be allowed on these properties. She said when the land was donated, it was never the intention to allow hunting on these properties but this was not included in the language of the deed. Ms. Merrill received a letter from Marie Streese's great - granddaughter, Karen Wright. Ms. Wright wrote that when the land was donated to the Commission, it was with the understanding that hunting would not be allow but was never stipulated in the transfer of the land. Joyce Niemi of 320 Ware Street gave a brief history of the land that was purchased by her family in 1901. She said because the property is small, she does not believe hunting should be allowed. Ms. Merrill said both the Streese and Sweet & Kalihs Conservation Areas have marked trails for walking. She asked if the Commission would like to overturn the ability to hunt on the Marie Streese property. She said if the Commission agrees, the discussion can be added to the January 12, 2015 meeting agenda and advertised. She polled the members: Mr. Marcheselli, yes; Mr. Maxwell, yes; Mr. Mulkern, yes; Ms. Matthew, yes. Ms. Merrill reviewed the of definition of a Qualified Professional competent to delineate Bordering Vegetated Wetlands under the Wetlands Protection Act and Mansfield Wetland Protection Bylaw, Chapter 15, and researched the certification and qualifications a person would need to do delineations. She said it is at the discretion of the Commission, depending on the complexity of the wetland and the project. She said right now private firms, landscape architects, land surveyors and certified soil evaluators are all under the qualified professionals allowed to do delineations. She said in the future, DEP might change this. 13. Old Business: Minutes of October 20, 2014: On page 9 of the minutes, Ms. Matthew commented that "the Streese property was donated as conservation land with the stipulation that there would be no hunting on the property". She asked that the word "stipulation" be changed to "understanding ". Mr. Maxwell made the motion to accept the minutes of October 20, 2014, with Ms. Matthew's revision. Mr. Mulkern seconded the motion. Motion passed 4 -0 -0. 14. Adjournment: Motion to adjourn at 10:30 pin. (Mulkern /Maxwell - passed 4 -0.) It eeti will be Tanuary 12, 2015 JA�, i /z / Christoph r Marchese) r, Acting Chairman D to