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HomeMy WebLinkAboutmin of conservation com 06/12/2006 . ~ RECEIVED TOWN I'LER~\S OFF ICE 06 JUN 28 AM 10: 36 Conservation Commission Meeting ~lANSFIELO June 12,2006 MASSACHUSETTS Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Jack Smith; Cindy Ostrowski; Carole Matthew; Michele Grenier, Conservation and Environmental Planner. John Sullivan, Town Engineer and Rick Alves, Senior Engineer were present. The Request for Determination of Applicability was filed for the repair and maintenance of an exiting inadequate roadway drainage system at 620 Ware Street, between Tracy Circle and Short Street. Work to be done is within the 100 ft. buffer zone. This is considered a limited project. r A 12-inch perforated PVC pipe is to be removed due to blockage and high groundwater. A new 12-inch DI pipe is to be installed in the same location from the existing catch basin to a proposed manhole having a catch basin grate for an overflow and a 10' wide sloped grass water quality swale prior to the BVW to purify the water. No existing trees or vegetation will be removed. To minimize impacts to the wetlands, an erosion control barrier will be placed along the 25' no activity zone. The work will be done by the DPW this summer. John is asking for a Negative 3 Determination. Michele delineated the wetlands. She said the area has had extensive flooding and that the grass swale will be in a cleared area and no large trees will be removed. Cindy made the motion to accept the plan for Ware Street as drawn, dated May 25, 2006, and to issue a Negative 3 Determination. Paul seconded. Passed 4-0. Jack arrived at 6:40. ,.-- John Sullivan, Town Engineer and Rick Alves, Senior Engineer were present. . ,- The Notice of Intent was filed for the reconstruction of Brown Avenue and Brown Terrace and repaving of approximately 1,700 ft. of roadway from Plain Street to the end of the cul-de-sac of Brown Terrace with the addition of drainage structures and outlet devises. Rick explained that Brown Avenue and Brown Terrace have been in need of repair for quite some time. John said the Town had tried to obtain an easement for an existing encroachment of these two roadways on the property of two abutters but could not reach an agreement. Because of this, the proposed work includes excavating a hill to relocate the roadways and a portion of the water main to eliminate the encroachments. The work will include the paving, installation of a piped drainage system with catch basins with 4 ft. deep sumps and the addition of a Stormceptor that will flow into a detention basin prior to being discharged into the adjacent wetland. Prior to construction, hay bales and a silt fence will be installed and will stay in place until the area has been permanently stabilized. DPW will be doing the work this summer. ,.-- Michele delineated the wetlands and recommends an Order of Conditions be issued. Paul made the motion to accept the plan as drawn, dated May 15,2006, with hay bales/siltation control to be installed and to issue an Order of Conditions. Cindy seconded. Passed 4-0. The Commission voted to issue a Certificate of Compliance to Mr. Harchuck. The Notice of Intent was filed for the installation of a 2Ox40 ft. in-ground pool with concrete decking and fencing within the 100 ft. buffer of Bordering Vegetated Wetlands. Rick Benoit of South Shore Gunite Pool & Spa and Joe Frazier, the applicant, were present. ,- The pool will be equipped with a cartridge filtration system to eliminate backwash from the filtration system. The standard chlorination system will be replaced with a salt generation system. . ~ There will be no grade changes to the site and at no time will water from the pool be released into the wetlands. Michele told the Commission that the pool is 35 ft. from the BVW and that the fence is 25 ft. She noted that the pool would not be treated with regular pool chemicals, that salt would be used for purification and there will be no storage of chemicals on the property. She said that silt fencing should be installed and remain in place until the project is complete and she recommends an Order of Conditions be issued. Paul made the motion to accept plan as drawn with silt fencing to be placed on the 25 ft. no activity line around the construction area and to remain in place until the pool construction is completed. Carole seconded. Passed 5-0. Ralph Maloon of RIM Engineering was present. r Michele and Ralph walked the site Monday to confirm the wetland resource line and Michele had Ralph move 1 flag on the isolated wetland line. Ralph told the Commission that the isolated wetlands are over 5000 sq. ft. There is a potential vernal pool up by the isolated wetland, to be certified in the spring and added to the plan. Ralph said the vernal pool is partially on town land. Ralph said the 200 ft. buffer line has been added to the plan. But he also said that the brook has never been classified as a river. Michele said that the stratis (the bottom) of the brook is perennial looking and vegetation is growing there. She feels that a stream stat should be done to clarify if it is a brook or a river. Colin wanted to know if the area was in an Estimated Habitat. Ralph said it wasn't, based on the internet maps of the area. Michele will look tomorrow and will note in the Order of Conditions if it is in an Estimated Habitat. Paul wanted to know if soil logs have been done and is concerned that there is no information on the water table. Ralph told Paul that soil logs had not been done but the soil is clean and there is a high water table. ,.-- Ralph told the Commission they have not been to the Planning Board and will probably need to come back to Conservation before the actual construction begins. . ~ Paul would like the acreage of the wetland areas noted. Ralph will add the acreage and a revised date on the plan. Ralph wanted the Commission to know that the ANRAD does not include the land west of the brook, it is only for the land east of the brook. He also noted that the large wetland was formed from the creation of Back Bay Brook. Paul said there is a lot of man-made intrusion. Paul made the motion to accept the ANRAD and to issue an ORAD with the vernal pool (flags ID to 18D) to be certified in the spring; confirmation of the status of Back Bay Brook; the 200 ft. buffer to be noted on the plan; the acreage of wetlands to be noted on the plan with a revised date. It will also be noted on the ORAD that the ANRAD is for the land east of the brook and not the land to the west. Jack seconded. Passed 5-0. The Notice of Intent was filed for the construction of a single-family house within the 100 ft. buffer of Bordering Vegetated Wetlands. r Scott Goddard of Carr Research Laboratory, Inc. was present, representing Angelo Pasqualino of P & C Construction, Inc. Scott explained there would be no alteration of the wetland resource areas. He told the Commission that in order to make up for the incomplete wetland replication when the subdivision was originally built and to mitigate for altering the 25 ft. no touch, the applicant is proposing to create 7650 sq. ft. of new BVW. When the applicant filed an ANRAD in December 27, 2005, the Commission issued an ORAD but asked that any potential vernal pools be certified in the spring. Scott said that the site had been inspected on two separated occasions, during the April amphibian-breeding period. On both occasions, the wetland was entirely dry, therefore not functioning as a vernal pool. Michele also made an inspection and agreed. Scott is requesting a waiver from the 25 ft. work setback set forth in section 2.4 of the Mansfield by-law. Michele reminded the Commission that the house does not maintain the 25 ft. or the 50 ft. no touch. The plan does not comply with the Mansfield Town By-law at all. She feels the applicant should get rid of the garage, circular driveway and down size the house to give the homeowner a lawn. She said at least the 25 ft. no touch should ,.-- be maintained. . -- Scott said that the plan had minimized the lawn area to be able to build a larger house. He told the Commission that dry wells and roof drains will be installed. The driveway pitches toward the wetlands so run-off will enter the wetlands. There will be no alteration of the wetlands. Carole told Scott that the Mansfield By-law requires a 50 ft. no touch for any new construction. She told Scott that the Commission has never waived the 25 ft. no work. There were many abutters from Angelina Lane, Danielle Lane, Fruit Street and Charlene Drive with many concerns about this project in regards to flooding. Their properties are already subject to severe flooding and are concerned the flooding will increase if this project is allowed to proceed. Colin and Cindy were both concerned that the applicant is not adhering to the 25 ft or 50 ft. no touch and Carole doesn't feel Scott has met Section 1 criteria. Scott will write a summary of how the project relates to Section 1 of the by-law. Scott requested a continuance. He asked the Commission what specific concerns the applicant needs to address. Some of the concerns are buffer zone set backs, zoning set backs, the water table and more information in regards to the drainage-where the r-- water is going to drain to, will it cause more flooding, etc. He asked where each Commission member stood in regards to the 25/50 ft. no touch. Colin polled the Commission in regards to the 25/50 ft. With the exception of Colin, all the Commission members feel the applicant should be held to the 50 ft. no touch. Jack would also like to see a little more information on the drainage issue, specifically where the water is going off-site. He asked that Scott clarify the off-site drainage. Coin asked Scott if an historical water table study could be done to see if it has changed from the original filing. Jack made the motion to continue until July 10th. Paul seconded. Passed 5-0. Paul told the audience the hearing for July 10th would not be posted and there will be no notification. He told the abutters they should call Michele for any information concerning this hearing. .~ · 2 Order of Conditions, 1 for Fairfield Green and 1 for Clemmey, Essex Street had been lost and were signed and re-issued. r or . ~- . Michele issued an enforcement order to Mr. Herbert A. Prew, 10 Longwood Circle. Mike Ahern and Michele did a site visit and found that wetland vegetation had been excavated and pushed back into the BVW. Mr. Prew was unable to attend tonight but will come to the June 26th meeting. Michele would like Mr. Prew to hire a certified wetland scientist to determine the extent of the alteration and to determine where the actual wetland line is (the 50 ft no touch should be established). Mr. Prew needs to have a restoration plan prepared and submitted to the Commission for approval. Paul made the motion to accept the minutes of May 15,2006. Carole seconded. Passed 5-0. Motion was made to adjourn at 8:30 (paul/Jack). Passed 5-0. r' Next meeting will be June 26th at 7:00 pm. ~~~(J/lj)lli flItfAU.- ;2 M (, Da r' r 1 ~