HomeMy WebLinkAboutCONSERVATION-01122013_201503190910TOWN OF MANSFIELD
CONSERVATION MINUTES
JANUARY 12, 2015
Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; Matthew Rieth; Jack Smith;
David Hobaica; Ryan Maxwell; Katelyn Merrill, Conservation and Environmental Planner.
1. Meeting called to order at 7:02 pm.
2. Jeff Watterson, 190 Mill Street - Extension to Order of Conditions, DEP SE 211 -0879.
This Order was issued in February 2012 after an Enforcement Order was issued for property violations within 100 feet of
Bordering Vegetated Wetlands. Mr. Watterson has requested an extension of the Order of Conditions so the work can be
completed.
Mr. Turnbull made the motion to issue an extension to the Order of Conditions for Jeffrey Watterson, 190 Mill Street, DEP SE
211 -0879. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7:04 pm.
3. Request for Certificate of Compliance: Stephen and Roberta Converse, 1805 West Street, Map 2, Parcel 9. DEP SE
211 -0924
The Order of Conditions was issued for the removal of an existing garage, the construction of a new garage with footings and
the re- pavement of the driveway within 100 feet of a Bordering Vegetated Wetland to Greenwood Lake. Two trees were
removed and flush cut because of their proximity to the garage. The work has been completed in substantial compliance
with the approved plans and all disturbed areas have been stabilized. Ms. Merrill recommended a full Certificate of
Compliance be issued.
Mr. Turnbull made the motion to issue a Certificate of Compliance to Stephen and Roberta Converse, 1805 West Street,
Map 2, Parcel 9, DEP SE 211 -0924, "As -Built Plan, 1805 West Street ", dated December 15, 2014, prepared by Waterman
Design Associates, Inc. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7: 08.
4. Request for Certificate of Compliance: Plymouth Street, Lot 1. DEP SE 211 -625.
The applicant has asked that the Request for a Certificate of Compliance be withdrawn.
Mr. Turnbull made the motion to accept the request to withdraw the application for a Certificate of Compliance for Plymouth
Street, Lot 1, DEP SE 211 -625. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7:11 pm.
5. Request for Certificate of Compliance: Between Plymouth Street and King Arthur Way ( "Camelot at Mansfield "). DEP
SE 211 -168,
The applicant has asked that the Request for a Certificate of Compliance be withdrawn.
Mr. Turnbull made the motion to accept the request to withdraw the application for a Certificate of Compliance for the
property between Plymouth Street and King Arthur Way ( "Camelot at Mansfield ") DEP SE 211 -168. Mr. Marcheselli seconded
the motion. Motion passed 7 -0 -0.
Hearing ended at 7:12 pm.
6. Request for Determination of Applicability: VAM Realty Trust, 241 Francis Street, Map 30, Parcels 76, 32 & 276
The Request for Determination of Applicability was filed for the maintenance of a ten -foot wide, mowed strip along the
facility (U.S. Customs terminal facility) fence line.
Russell E. Waldron, Applied Ecological Sciences, was present.
The vegetation cutting will take place along the perimeter of the fence within potential jurisdiction of the Commission
because of a detention basin and drainage swale; the bottom of the basin is now wetland. Ms. Merrill said a 10 -foot wide
strip will be flush cut so the property is in compliance with federal security standards. She said there are private property
issues and a portion of the land cleared is on Natural Resources Trust (NRT) land. Ms. Merrill said before the Commission
issues a Negative Determination by Reason #3, work will not impact the resource area, NRT should be contacted and the
applicant should request in writing permission to use NRT land. On -going conditions will be that the applicant meet with
NRT to make sure this work will be permitted on NRT land and the Agent meet on site with representatives prior to the start
of activities.
Ms. Merrill recommended the hearing be continued to February 23, 2015
Mr. Turnbull made the motion to continue the hearing for VAM Realty Trust, 241 Francis Street, Map 30, Parcels 76, 32 &
276, to February 23, 2015. Mr. Hobaica seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7:26 pm.
7. Notice of Intent: Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15. DEP SE 211 -0929
The Notice of Intent was filed in October 2014 for the construction of four (4) hangar buildings, a fueling area, associated
parking, drainage and driveway areas adjacent to existing hangars and a runway within 100 feet of Isolated Vegetated
Wetlands, at the Mansfield Municipal Airport.
The applicant has requested a continuance to February 23, 2015.
Mr. Turnbull made the motion to continue the hearing for Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15,
DEP SE 211 -0929, to February 23, 2015. Mr. Rieth seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7:28 p m.
8. Notice of Intent: John Walsh, 54 Willow Street, Map 28, Parcels 11, 12,118 & 150. DEP SE 211 -0931.
The Notice of Intent was filed for the construction of 1,998 linear feet of subdivision roadway with associated drainage, water
and utilities within the 100 -foot Buffer Zone of Bordering Vegetated Wetlands and an Inland Bank.
and
9. Notice of Intent: John Walsh, Willow Street, Map 12, Parcel 27, Lots 22 & 23. DEP SE 211 -0933
The Notice of Intent was filed for the construction of a common driveway utilizing a bridge over an intermittent stream
serving two (2) single- family homes along with associated drainage, water and utilities within the 100 -foot Buffer Zone of
Bordering Vegetated Wetlands and an Inland Bank.
and
10. Notice of Intent: John Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21. DEP SE 211 -0932
The Notice of Intent was filed for the construction of a common driveway serving two (2) single - family homes along with
associated drainage, water and utilities within the 100 -foot buffer zone of Bordering Vegetated Wetlands and an Inland Bank.
Ms. Merrill reviewed the three Notices of Intent and the remaining issues with the filings. The applicant has satisfied all
Alves' comments. The installation of the sewer line is under a limited project within the resource area, 0 -25 -foot NDZ, and
Bay Colony Group and Pare will submit an Invasive Species Management Plan with Buffer Zone restoration specific to this
site. She said Mr. Alves, Town Engineer, was against a 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.
At the December 2014 hearing, Mr. Buckley said the applicant has offered to donate Cabot Pond to the town and asked if the
Commission would accept the donation. The original plan called for a gravel parking area to provide public parking and
access to the pond. The Commission would accept the donation of Cabot Pond but were not interested in creating the
parking area.
Ms. Merrill said the unnamed stream has very minimal Bordering Vegetated Wetland, and is basically a ditch with lawn area
to the edge of the stream. The applicant has proposed a 25 -foot planting buffer strip on the south side of the stream with a
split rail fence on the north side of the stream (the residential side). She said most of the project is designed outside of the
buffer. Lots within jurisdiction would have to come before the Commission with a Notice of Intent.
The bridge crossing for Lots 22 & 23 has been designed to Stream Crossing Standards. At the last hearing, the Commission
questioned the "limited project ". Ms. Merrill said a "limited project" should be a project where there is not reasonable
alternative to access the upland within common ownership. In this case, the lots could be access to the south of the stream.
If a subdivision road were to be constructed, the result would be more work within the Buffer Zone and more impervious
surface. Mr. Buckley said if a subdivision road were constructed, there would be six (6) house lots, resulting in a higher
density and the amount of alteration taking place within the Buffer Zone would be significant with 20,000 square feet of
paving. He said by doing the bridge crossing and a common driveway to service the four (4) lots, all of the houses and most
of the driveway would be outside the 100 -foot Buffer Zone. The only activity taking place in the 100 -foot Buffer Zone would
be some grading and the common driveway. There will be approximately 7,000 square feet of pavement, 3,800 for the
bridge and 3,200 square feet for the common driveway. He said the common driveway will require a Variance from the
Zoning Board of Appeals.
Mr. Buckley said there will be restoration on both sides of the unnamed stream and there will be a split rail fence installed on
the residential side of the stream.
Ms. Merrill said credible evidence has been submitted that the unnamed stream is intermittent, not perennial as approved in
the ORAD (DEP SE 211 -0920) in April 2014. She called DEP to clarify the steps necessary to reclassify the stream and if the
Commission agrees with this new information, the applicant will request an Amendment to the ORAD which will require a
legal advertisement and notification to the abutters. She said there will be an additional Notice of Intent filed for the
February meeting for the improvements to Willow Street. Mr. Buckley said the improvements to Willow Street will improve
the dangerous bend in the street to the north of the entrance to the subdivision. He said sidewalks with a handicap ramp
from Spring Street to the subdivision are proposed.
Mr. Turnbull 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 February 23, 2015. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0.
Mr. Turnbull made the motion to continue the hearing for John Walsh, Willow Street, Map 12, Parcel 27, Lots 22 & 23, DEP SE
211 -0933, to February 23, 2015. Mr. Marcheselli seconded the motion. Motion passed 7 -0 -0.
Mr. Turnbull made the motion to continue the hearing for Jahn Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21, DEP
SE 211 -0932, to February 23, 2015.
Hearings ended at 8:49 pm.
11. Correspondence:
12. New Business:
No Hunting on Marie Streese Memorial Conservation Area, Map 35, Parcel 54 as proposed by a direct abutter. Ms. Merrill
said Marie Streese Memorial Conservation Area, a 47 -acre parcel at the intersection of Ware and Branch Streets, is
within the jurisdiction of the Commission to decide if hunting should be allowed on this property because state funds
were not used in the purchasing of the property. She said when the land was donated by the Streese family, the
intention was not to allow hunting but this was not included in the language of the deed.
Ms. Merrill received a letter from Marie Streese's great - granddaughter, Karen Wright, on behalf of her mother, Joyce
Niemi, stating that when the land was donated to the Commission, it was with the understanding the land would be
used for passive recreation, and requested that the right to hunt on this property be revoked. Ms. Merrill said the
Streese property has marked trails for walking.
Mr. Turnbull made the motion to no longer allow hunting in the Marie Streese Memorial Conservation Area, Map 35,
Parcel 54. Mr. Rieth seconded the motion. Motion passed 7 -0 -0.
Ms. Merrill will have "No Hunting" signs posted on the property and will change the web page
Discussion ended at 5:56 pm.
13. Old Business:
Ms. Merrill reviewed the revisions to the Wetland Protection Act 310 CMR 10.00, effective October 24, 2014. She said the
By -Law language needs to be changed and clarified so it will be defendable if there is a court case. She would like to
incorporate a Variance process.
Mr. Maxwell made the motion to accept the December 15, 2014 minutes as written. Mr. Marcheselli seconded the motion.
Motion passed 2 -0 -5. (Marcheselli & Maxwell — Hobaica, Smith, Rieth, Turnbull & Healey abstained).
Ms. Merrill reminded the Commission the Ethics Test needs to be completed and the certificate given to the Town Clerk's
office.
14. Adjournment:
Motion to adjourn at 9:12 pm (Marcheselli /Maxwell — passed)
The next meeting will be March 16, 2015.
S • IkAatn, 3 - -/6
Michael Healey, Chairman 47 Date