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HomeMy WebLinkAboutmin of conservation com 08/14/2006 r Conservation Commission Meeting August 14, 2006 P C 1. C uld 11 Ch. P ul B d V. Ch. J k S ...L r1!t11\HSFIELO resent: 0 In a we, 81r; a oy en, Ice arr; ac ml~ACHUSETTS Ostrowski; Carole Matthew; Jerry St. Hilaire; Ben Monachino; Michele Grenier, Conservation and Environmental Planner. RECEIVED r:' hi \",1 ~~~\.\.~ Of. t \Cc .. .....,.\ ,'-I \ \.,. 06 AUG 29 PH I: 5 I ill i'. \1.~ Michele inspected the lot, all conditions have been met (the Order of Conditions was issued in 1985) and she recommends the issuance of the Certificate of Compliance. Paul made the motion to issue a final Certificate of Compliance for 14 Down Lane, Lot 30. Jack seconded. Passed 7-0. r Michele inspected the site. Signs and fencing separating the wetlands are in place and she recommends the Certificate of Compliance be issued. Cindy made the motion to issue a Certificate of Compliance for 3 Mill Street. Paul seconded. Passed 6-0. Jack abstained. Michele inspected the lot. All conditions have been met (the Order of Conditions was issued in September 2004). The owner was required to put up a fence with "No Disturb" signs and this has been done as shown on the as built. The grass has also been done. She recommends a Certificate of Compliance be issued. Carole made the motion to issue a Certificate of Compliance for 455 Ware Street. Jerry seconded. Passed 7-0. ,.--. An Enforcement Order was issued to Carl Nelson because an intermittent stream was filled with debris-bushes and dirt. Michele inspected the site and found the streambed clear and restored to its natural state and all piles around the site have been removed. r r ~ Michele told the Commission the parcel has been sold as of this week. She recommends the Enforcement Order that was issued 11-22-05 be lifted. Jerry made the motion to lift the Enforcement Order against Carl Nelson for Spring Street, Assessors Map 28, Parcel 157. Carole seconded. Passed 7-0. Paul asked Ben, an attorney is Enforcement Orders should be registered at the Registry of Deeds. Colin feels Nick Riccio (the Building Department) should also be made aware of any Enforcement Orders. The Abbreviated Notice of Resource Area Delineation was submitted to delineate the Bordering V egetated Wetlands and other resource area boundaries identified by Mansfield Assessors Map 44, Parcels 306 & 307. Ryan Bianchetto of Allen & Major Associates, Inc. was present. He told the Commission that there is 868 sq. ft. of BVW adjacent to the parking lot that will be delineated. r-- Michele did a site walk and said the delineation is correct, the wetland line accurate. There are no other resource areas on site and it is not in a Natural Heritage Area. Carole wanted to know why the wetlands were being delineated, if there were plans for future work. Ryan said, in the future the applicant would like to expand the parking lot. The applicant will have to file for the expansion of the parking lot and will have to comply with the Stormwater Management. Cindy noticed grass clippings had been dumped into the wetlands. Michele talked to the owners and asked that the clippings be removed. She will check back in a week to make sure the clippings have been removed. The Commission requested a letter be sent if the owner hasn't complied. Cindy had noticed a discrepancy between the wetland line on the plan and the wetland line on the actual site. Wetland flags 24-28 are banking away from the stone gabion wall. She feels the line needs to be more accurately shown on the plan. Michele and Ryan will walked the site to look at the discrepancy between the plan and the actual site. Cindy would also like to go. r-- Colin feels the hearing should be continued until then. Paul made the motion to continue to August 28th until the line is examined in the field. 2of7 r T :- Jerry seconded. Passed 7-0. The Notice of Intent was filed for the construction of an addition, garage and driveway within the 200 ft. Riverfront Area. Michael Trowbridge of Hutchins-Trowbridge Associates was present. Michael explained the proposed project is located out of the 100 ft. Riverfront Area. Within the 200 ft. the proposed alteration is less than 10%. The addition to the west side of the existing house falls only partially within the 200 ft. Riverfront Area. The garage is on the northeast side and an additional driveway is proposed on the southwest side of the garage. No siltation control is planned because the construction is more than 100 ft. away from the brook. As the work proposed is less than 10% as allowed under the Act, Michele recommends an Order of Conditions issued. r Paul wanted to know if there would be a stockpile area. Michael said the area in the back to the left could be used as the material storage area and that hay bales would be installed around this area. Paul asked that roof drainage be recharged into the ground. He said the Commission should require this on all new construction and reminded the Commission that it had been a requirement for the Mansfield Crossing Mall. Michael said he would add 2 drywells to the plan, one for the addition and one for the garage. Jack made the motion to accept the plan as drawn, dated July 27,2006, for 778 Ware Street with the 2 drywells to be installed for the addition and the garage and the material storage area added to the plan. A hay bale line will also be installed around the material storage area. Paul seconded. Passed 7-0. The Notice of Intent was filed as an emergency filing for the construction of a water service to tie into the municipal water, replacing an existing well that was found to have unusual water sample results. The project is located within the 100 ft. buffer of Bordering Vegetated Wetlands, in a Natural Heritage Estimated Habitat Area and within an Area of Critical Environmental Concern, the Canoe River. There is a Vernal Pool on the property that has not been certified. r Presently, Mr. Feck's house is the only one in the area not connected to Town Water. 3of7 T .... ~ Michele told the Commission the well has been contaminated by Hercules. The water line will be place along the driveway and siltation control will be placed along the line of work and along the wetland vegetation. Riprap will be installed on the edge of the driveway to minimize disturbance of the wetlands. Mr. Feck said the trench would be opened and closed as the work progresses. The project will be closely watch by Michele. A letter, dated August 1,2006, was received from NHESP stating the proposed project will not adversely affect the Resource Area Habitat of state listed rare species. It was also noted that this project is within Priority Habitat, requiring an emergency filing and it meets the requirements for exemption under the MESA (Massachusetts Endangered Species Act: 321 CMR 10.14 (5) and (6)) Siltation control will remain in place until all work is finished and the area stabilized. Carole made the motion to accept the plan as drawn, dated August 1, 2006, for the emergency water service connection to municipal water for 494 Stearns Avenue, Lot 115, citing the regulations exempting this project (emergency utility work) from the wetland regulations. Jerry seconded. Passed 6-0. Jack abstained. r This hearing was continued from July 10, 2006. The Notice of Intent was filed for the construction of a roadway and utilities for a 16-lot residential subdivision (12 lots are in Mansfield, 4 lots are in Norton) within the 100 ft. buffer of Bordering V egetated Wetlands and an Area of Critical Environmental Concern, the Canoe River. This filing is for the roadway and utilities only. The applicant will file separately for all house lots within the 100 ft. buffer of bordering vegetated wetlands. Siltation control to be staked in place prior to construction and maintained until work is complete and are has been grassed and stabilized. Stanley Feck and Perry DiMascio, the applicants, and Ralph Maloon of RIM Engineering were present. Ralph brought revised plans. He also told the Commission that 2 common areas would be given to the Town of Mansfield and Conservation. Ralph told the Commission that all roof water would be recharged into the ground. At the June 26th meeting, Ralph and Perry DiMascio presented 2 different proposed plans for the roadway. In order to access the larger rear upland area, Ralph explained the r-- roadway would be placed between an isolated wetland with a vernal pool and a Bordering V egetated Wetland, making it a limited access road. One roadway plan was right along 40f7 . T r-- the wetland line, touching the wetlands but 100 ft. from the vernal pools. The other plan would put the roadway 75 ft. from the vernal pools and 25 ft. from the BVW. The Commission members asked that the plans be revised to keep the roadway 100 ft. from the vernal pools and 50 ft. from the wetlands. They also asked that the vernal pools be certified. Ralph told the Commission that the Planning Board has no objection to what has been proposed. He said they are still working thru the Planning Board issues and that John Sullivan is still commenting on the plan. Michele told the Commission that revised plans have been submitted with the roadway approximately 105 ft. from the vernal pools. She said that because of the relocation of the road approximately 240 sq. ft. of wetland would be altered. The applicant is proposing a 3,560 sq. ft. replication area. A wetland retention area, to be located in the front of the proposed project, has been approved by John Sullivan, Town Engineer. She told the Commission that all vernal pools have now been certified. Ralph said there would be a 220 sq. ft. temporary disturbance of wetlands in addition to approximately 200 + sq. ft. of permanent fill, a total of 430 sq. ft. of wetland disturbance. 2 feet along the stonewall will also be disturbed. Common Area A and B contain some of the wetland areas. All the vernal pools are within the wetlands. r Michele said she would like to be there for the excavation of the replication area. She will also be present along with a professional wetland scientist (for the applicant) when the planting is done. Planting should be done in the early spring or fall. The applicant is required to submit reports every 2 months for 2 years regarding the health of the replication area and plantings even during the winter months. Plantings not flourishing will be replaced. Ralph said the replication is necessary because the roadway was moved to comply with the Commission's request. By moving the roadway, some of the drainage control area has been lost. All discharged water from the roadway will go thru a 2,000 gal. oiVwater separator. Ralph told the Commission that Norton has its own drainage control area. A peak has been put in the roadway so no drainage from Norton will enter Mansfield. Paul has some concerns about maintenance requirements of the drainage areas and the oil/water separator-overgrowth decreases capacity and the ability to drain properly. Overgrowth doesn't allow water to be retained. Ralph agreed the catch basins and separator would need to be cleaned. Mr Feck assured the Commission the drainage would be functioning properly before any building takes place. r Carole wanted to know how the applicant was protecting the vernal pools from run off from the road. Ralph said there is a berm, a 2 to 1 slope down to existing grade and siltation control will be in place around the areas with the vernal pools. The applicant 50f7 T ~ ~ will make sure all vegetation is thriving in this area. All roadway drainage is being kept out of this area (catch basins, etc). Cindy wanted to know if Michele had seen the replication area, would the area support the replication? Cindy has not seen any water in this area. Michele told her the groundwater is very high in this area and soil samples have been done. She said replications are always in upland areas. She told her they need to be done in the spring or fall, never in the summer or they won't work. Cindy asked ifher concerns regarding the replication could be written into the Order of Conditions. Colin said this would be done. Carole wanted to know if the replication fails, is it redone. Ralph told her that is why the applicant is required to submit reports for 2 years to insure the health of the replication. Two abutters were present, Doug Grandin, 19 Nathan Road and Richard Detch, 20 Nathan Road. They are concerned with drainage and the encroachment on their properties. Mr. Detch had concerns regarding the construction of the water main. Mr. Feck assured the abutters he would do everything possible to minimize problems. They won't be taking trees down unless it is necessary. Colin would like Bob Mangiaratti, Town Council, and John D' Agostino, Town Manager to review the donation of the common areas to the town/conservation. ,-.. Some of the Commission members wanted signage to be put along the roadway by the common areas. Michele thought signage for the vernal pools would be a good idea. Paul feels signage is not necessary. Colin agreed with Paul but feels when the construction of the houses begins, the Commission might want to require signs in the back of any lots within the 100 ft. buffer or within 100 ft. of a vernal pool. It was agreed the Commission would reserve the right to ask for signage for the roadway in the future. The applicant agreed to put signs up after completion if necessary. The roadway and drainage will be completed first and the replication should be done before the construction of the houses. No salt will be used on the road. Paul suggested the applicant go back to the Planning Board to see if a few handicap areas could be put in place for turtles, etc to cross. A box culvert could also be installed on Feck Road to allow wildlife to travel betwe~n wetland and upland areas. Paul made the motion to accept the plan as drawn, dated 8-01-2006, for the limited project (the roadway) and replication for Essex Street, "Autumn Park Subdivision" with the following conditions: the roadway and drainage will be constructed first, then the replication; the wetland replication areas will be constructed and planted prior to completion of construction in the spring or fall season; a professional wetland scientist ,-.. and the conservation agent must be present for the construction and planting of the replication areas and a report will be submitted to the commission bi-monthly for 2 60f7 r T r growing seasons; the conservation agent will be on site during dewatering for the water main to make sure the wetlands are not contaminated; no salt will be used on the roadway. The Commission also reserves the right to require signage after the completion of the roadway. Jerry seconded. Passed 4-2: Colin, Paul, Jerry and Ben approved, Carole and Cindy opposed and Jack abstained. Continued to August 28, 2006 meeting. Paul made the motion to accept the minutes of July 10, 2006 with the following corrections: Page 4, paragraph 3 should read; Tony suggested the snow be removed to the area by the detention pond so run off will go into the pond not as stated into the wetlands. Page 7, paragraph 7 should read; If Mr. DiMascio is denied this application, the denial will be because of the environmental impacts from grading and the large amount of fill. ,-.. It was decided that the Commission would meet only on the 11 th of September and on the 23rd of October. Letters will be faxed to all Engineers with these dates so they can plan for any filings. The Commission asked that Michele look at 430 Fruit Street, the property of Carlos and Elizabeth Vieira. At the April 24th meeting, the Commission agreed that signage should be put on the wetland line. Cindy noticed this has not been done. They would also like her to take a look at 1 02 York Road (an Enforcement Order was issued to Steven Borghi on June 29, 2005-in-ground pool without the proper filing and fill placed within a bordering vegetated wetland and within the 25 ft. and 50 ft. no touch zones). Paul would like Michele to look into identification cards for the Commission members. Paul made the motion to adjourn at 10:05. Jack seconded. Passed 7-0. ,.--. Next meeting will be August 24, 2006 at 7:00 pm. ~c~rd;) 8/1106 r Date 7of7 T T