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HomeMy WebLinkAboutCONSERVATION_02232105_201504290734Town of Mansfield Conservation Minutes February 23, 2015 Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; David Hobaica; Matthew Rieth; Katelyn Merrill, Conservation and Environmental Planner. 1. Meeting opened at 7:05 pm. 2. Lou Andrews, President of Natural Resources Trust (NRT) - Discussion of Conscom Land Acquisition, Mr. Andrews explained Parcel 14 -20, a 1.3 acre parcel of land off South Main Street, has been taken by the town for tax title. This parcel will provide access to the northern portion of the Great Woods; presently there is only one access point from Judy's Lane. Mr. Andrews said Article 5 will be presented at the annual Town Meeting to transfer the care and control of this land from the Board of Selectmen to the Conservation Commission. He said at a later date the bridge over the Rumford River can be reestablished to provide access to the trail system in this area of the Great Woods. Mr. Rieth made the motion to present the Warrant Article 5 to Town Meeting to transfer Parcel 14 -20 from the Board of Selectmen to the Conservation Commission. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Mr. Andrews mentioned the MBTA has offered Parcel 13 -24 to the town. Signage for the Old Codding Farm Site and Mill Pond Canoe River Canoe Landing: Mr. Andrews said the sign for the Old Codding Farm Site, located in the southern portion of the Great Woods, has been vandalized and needs to be replaced. Mr. Andrews asked that a sign for the Mill Pond Canoe River Canoe Landing property also be purchased. He said the cost of the two signs will be $575.00. Mr. Turnbull made the motion to allocate funds to purchase signs for the Old Codding Farm Site and the Mill Pond Canoe River Canoe Landing, the cost not to exceed $600.00. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. Discussion ended at 7:20 pm. 3. Request to Amend the Order of Conditions: Jeffrey Watterson, 190 Mill Street, Map 43, Parcel 83. DEP SE 211 -0879 Homeowner Jeffrey Watterson was present. The original Notice of Intent was filed for the construction of a 30'x70' garage, driveway, retaining walls, finish grading and landscaping within the 100 -foot buffer zone of Bordering Vegetated Wetlands (BVW) and restoration of altered Bordering Vegetated Wetlands, received an Order of Conditions in June 2005 (DEP SE 211 -726). In October 2011, an After - the -Fact Notice of Intent was filed after an Enforcement Order was issued to this property for violations of the Wetland Protection Act and the Mansfield By -Law for work done within 100 feet of BVW. An Order was issued in February 2012. Ms. Merrill said the 2012 Order of Conditions was extended for an additional three (3) years at the January 2015 meeting. She said the 2012 Order required the Applicant to abandon the gravel driveway on the southern side of the property, a gate be installed and the area returned to loam and seed. An 18' gravel driveway to be extended to the garage was to be constructed to the north side of the house and a Quonset but and multiple sheds removed. An earthen berm located to the south was to be removed. Because of the steep slope of the land on the northern side, she believes there would be runoff issues if the driveway was returned to this area, and it would be better to access the garage from the southern portion of the property. Michael Morris of Norwood Engineering discussed the elevations of the site and agreed access to the garage should be from the south side of the property. As part of the unpermitted activities, fill was placed behind the garage on Town -owned land within 50 feet of the wetland. Ms. Merrill said the 2012 Order required the fill to be removed but the area has re- vegetated and is stabilized. Because of the impact to the area if the fill is removed, Ms. Merrill said she would strongly recommend leaving the fill in place and additional woody shrubs planted; she will work with Mr. Watterson to develop a planting plan. The earthen berm in this area is to be removed and no further access allowed to this area. Ms. Merrill said the garage in question was involved in a court case for zoning issues; the outcome of the court cast was that the lot could not be used as a commercial site. She said there is an overhead garage door located on the north side of the garage that was not included in the 2012 discussion and the Applicant has asked if he can now access this garage door with a vehicle. Ms. Merrill suggested setting a deadline of June 2015 for the terms of conditions to be satisfied. Mr. Hobaica said he would like to walk the site. Mr. Marcheselli asked about the drywells on the northern portion of the property. Mr. Jawdat Mansour, the direct abutter to the north at 186 Mill Street, discussed the court case. He said the 2012 Orders have never been completed. He said the garage door to the north is less than 25 feet from his property line and he asked that the Commission take into consideration any decision made for this property could impact him and his family. Mr. Healey asked if Mr. Mansour would be opposed to the driveway being on the south side of the property. Mr. Mansour said no but he feels there is no need to allow access to the northern overhead garage door. Mr. Watterson said the work under the Order was not completed because of the litigation. Mr. Turnbull suggested the hearing be continued to March 16, 2015 so more information on the history of the property can be presented. Ms. Merrill said she would put together minutes and the zoning decision information for the Commission. She recommended the Commission visit the site. Mr. Mansour said he would be unable to attend the March hearing. Mr. Turnbull made the motion to continue the hearing for Jeffrey Watterson, 190 Mill Street, Map 43, Parcel 83, DEP SE 211 -0879, to April 13, 2015. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8 :15 pm. 4. Notice of Intent: Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15. DEP SE 211 -0929 The Notice of Intent was file for the construction of airport hangars within 100 feet of Isolated Vegetated Wetlands. At the December hearing, Rachel Watsky of Goddard Consulting, Inc. presented this project to construct additional hangars, associated parking, and fuel storage along with stormwater design and the Commission was ready to issue an Order of Conditions. However at the hearing, Ms. Watsky informed the Commission that the Applicant would like to adjust the building footprints; new plans have been submitted. Ms. Watsky explained originally four (4) hangars were proposed for a total of 42,500 square feet and now there are five (5) buildings, one large corporate hangar and four smaller hangars with 30,325 square feet. The overall area of pavement, to incorporate new parking, from 7 spaces to 22 spaces, has increased. She said the actual area of impervious surface within the buffer zone has not changed from the original plans. The fueling station area has been re- located outside the buffer zone. The wetland replication area will remain the same. Richard Alves has requested a revised on -going maintenance plan for the stormwater structures since access to the basin has become limited. The retaining walls will need to be reconfigured and the force main location as well as the design and have been revised; the force main will terminate at the manhole and flow gravity to existing 6" sewer line location. Ms. Merrill suggested the hearing be continued to March 16, 2015, to allow for Mr. Alves to review the new plans and submit any comments or issues to the Applicant. Ms. Watsky said due to the proposed Conservation Restriction Preservation area on the 2.83 acre lot across the street on Fruit Street (across from the bike path), the project is on hold until the spring 2015, when the annual Town Meeting will vote whether to approve the preservation restriction on town property. Mr. Marcheselli made the motion to continue the hearing for Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15, DEP SE 211 -0929, to March 16, 2015. Mr. Reith seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:30 pm S. Request for Determination of Applicability: VAM Realty Trust, 241 Francis Street, Map 30, Parcels 76, 32 & 276. The Request for Determination was filed for the maintenance of a ten -foot wide, mowed strip along the facility (U.S. Customs terminal facility) fence line. Mr. Turnbull made the motion to continue the hearing for the Request for Determination of Applicability for VAM Realty Trust, 241 Francis Street, Map 30, Parcels 76, 32 & 276 to March 16, 2015. Mr. Reith seconded the motion. Motion passed 4 -0 -1. Hearing ended at 8:35 pm. 5. Notice of Intent: Brian French (Future Foam), 47 Maple Street, Map 30, Parcel 37, Lot 40. By -Law only, Mr. William Buckley of Bay Colony Group, Inc. said the Notice of Intent was filed under the Mansfield Wetlands Protection By -Law only for the expansion to an existing commercial building, reconfiguration of an existing parking lot /storage area, and upgrade to an existing drainage system within the buffer of an Isolated Wetland and Canoe River ACEC. The boundary of the 10,000+ square -foot Isolated Wetland at the rear of the property was delineated by Pare Corporation. Mr. Buckley explained this is an older building that needs upgrades to the loading dock and parking areas. The proposed project includes an 80'x352' addition on the west side of the existing 167,835 + /- building with the reconfiguring and upgrading of the parking and loading areas; there will be eight loading bays on the east side of the building and the existing parking will be reduces from 134 spaces to 85 spaces. Mr. Buckley discussed the upgrades to the existing drainage of the site. He said silt socks will be installed at the edge of the wetland. The silt socks will be detailed on the revised plan and a notation included that the silt socks are to contain mulch instead of straw. Mr. Buckley will submit a final set of plans, incorporating the Planning Board and Conservation changes. Mr. Turnbull asked if Richard Alves, Town Engineer had reviewed the filing. Mr. Buckley said yes and all comments have been addressed in a memo dated February 3, 2015. Mr. Turnbull said this is an improvement to the site. Ms. Merrill asked if the existing perimeter chain -link fence would be replaced. Mr. Buckley said the fence would be replaced as needed. Mr. Turnbull made the motion to issue an Order of Conditions to Brian French (Future Foam), 47 Maple Street, Map 30, Parcel 37, Lot 40, under the Mansfield Wetlands Protection By -Law, Chapter 15 only, with the following Conditions: ADDITIONAL SPECIAL CONDITIONS FOR 47 MAPLE STREET MAP 30 PARCEL 37 UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 NON - JURISDICTIONAL UNDER WETLANDS PROTECTION ACT 1. 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. 2. All work must conform to the plans referenced as "the plan of record" in this Order (dated February 2, 2015). 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 4. 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 on site. 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions. 6. 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. 7. A construction sequence is to be submitted to the Commission prior to the start of work. 8. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 9. Prior to the commencement of work, a pre- construction meet shall be held with the Agent, the Engineer Eli and /or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 10. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record. 11. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 12. 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. 13. 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. 14. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 15. Wetland area is to be cleaned of trash and debris by hand. 16. All comments included on the memo from Richard Alves, Jr., Town Engineer, dated February 3, 2015, for 47 Maple Street shall be addressed and included as part of this Order of Conditions. The Order shall not be issued until all of Mr. Alves' comments have been addressed. 17. The Flood Impact Report Stormwater Management Plan for 47 Maple Street prepared by Bay Colony Group Inc., submitted December 2014 is to be included with this Order of Conditions. All on -going O &M plan activities are to be recorded as noted. All reports and checklists are to be submitted to the Commission as noted. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:55 pm. 6. Request to Amend the Order of Resource Area Delineation: John Walsh, 54 Willow Street, Map 12 & 28, Parcels 27 & 12, 11, 15, 118 & 150. DEP SE 211.0920 Ms. Merrill said under the original ANRAD, DEP SE 211 -0920, the unnamed stream that runs through the property from north to south was determined to be perennial. Since the ORAD was issued, the Applicant has submitted evidence that the stream runs dry periodically throughout the year. A stream status report, additional photos and video have been submitted. She said this is a re- classification of the unnamed stream which is now shown as intermittent as opposed to perennial. She said if the Commission agrees the evidence is credible, they can approve the amendment. Mr. Marcheselli made the motion to amend the Order of Resource Area Delineation to classify the unnamed stream from Perennial to Intermittent, based on the submitted videos and photographs for John Walsh, 54 Willow Street, Map 12 & 28, Parcels 27 & 12, 11, 15, 118 & 150, DEP SE 211 -0920. FINDINGS BY MANSFIELD CONSERVATION COMMISSION FOR AMENDMENT TO ORAD FOR 54 WILLOW STREET DEP SE 211 -0920 1. After reviewing the submitted evidence, the Conservation Commission found that the unnamed stream located on the western portion of the site is Intermittent rather than Perennial as found on the 0 original ORAD (DEP SE 211 -0920) issued on April 16, 2014. The Commission issued the Amendment to reclassify the stream on the ORAD. ADDITIONAL SPECIAL CONDITIONS FOR AMENDMENT TO ORAD FOR 54 WILLOW STREET UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 DEP SE 211 -0920 1. Stream Determination Memorandum for 54 Willow Street from Bay Colony Group, Inc. dated September 29, 2014 is to be included with this Amended Order. David Hobaica seconded the motion. Motion passed 5 -0 -0. Hearing ended at 9:00 pm. 7. Notice of Intent: Town of Mansfield, Willow Street. DEP SE 211 -0934. The Notice of Intent was filed for the reconstruction of a portion of Willow Street within 100 feet of a Bordering Vegetated Wetland and Inland Bank. Mr. William Buckley, Jr. of Bay Colony Group, Inc. said as part of the Willowdale Subdivision and Willow Street Form A lots, the Notice of Intent was filed at the request of the Town of Mansfield for the modification to Willow Street to improve the dangerous bend on Willow Street to the north of the entrance to the subdivision, south of Spring Street, for safety reasons. He said sidewalks with a handicap ramp from Spring Street to the subdivision are proposed; the Planning Department has approved the proposed design improvement. The work will take place within 40 feet of the BVW and Inland Bank of the unnamed stream. Silt socks will be installed to control erosion. Mr. Buckley will provide erosion control details on a revised plan. Ms. Merrill asked that the side slopes be stabilized with shrubs such as high bush blueberry and a conservation seed mix. For sight distance purposes, Mr. Turnbull suggested that trees no be used. Ms. Merrill said after construction and final grading, a planting schedule should be submitted; she will work with the Applicant and Representative to determine what should be planted. Because the road is elevated in this area, Ms. Merrill said a substantial amount of fill will be required to construct the new roadway. No work within the 25 -foot No Disturb Zone is proposed. She said overall this is an improvement for the town. Mr. Turnbull asked if utility poles would have to be re- located. Mr. Buckley said four poles will be moved to the back of the sidewalks. Mr. Hobaica asked when the road and sidewalk work would be done. Mr. Buckley said it would be done first because one of the conditions for Planning Board approval was that an occupancy permit will not be issued until this work is completed. Mr. Turnbull made the motion to issue an Order of Conditions to the Town of Mansfield, Willow Street, DEP SE 211 -0934, with the following Special Conditions: ADDITIONAL SPECIAL CONDITIONS FOR TOWN OF MANSFIELD, WILLOW STREET, UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 DEP SE 211 -0934 1. 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. 2. All work must conform to the plans referenced as "the plan of record" in this Order (dated February 24, n 2015). 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 4. 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 on site. 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions. 6. A construction sequence is to be submitted to the Commission prior to the start of work. 7. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 8. Prior to the commencement of work, a pre- construction meet shall be held with the Agent, the Engineer and /or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 9. Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record. 10. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 11. 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. 12. 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. 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 14. All side slopes are to be planted with native shrubs (quantity and location will be determined on site by Agent) and seeded with a conservation mix. Once stabilized, the area is to be left to naturalize. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. Hearing ended at 9:15 pm. 8. Notice of Intent: John Walsh, 54 Willow Street, Map 28, Parcel 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. FA Mr. William Buckley of Bay Colony Group was present. Ms. Merrill explained the hearing was continued because an Order of Conditions could not be issued until the reclassification of the unnamed stream that transects the southern portion of the property. She said individual lots, 1, 2, 3, 4, 5 and 6, within the jurisdiction of the Commission have been called out for additional filings. At a previous hearing, the Commission discussed the donation of a large portion of Cabot Pond and providing Public access to the pond and parking. The Commission agreed to the donation but decided along with the Planning Board to table any type of development of public access to the pond at this time. Ms. Merrill said on the northern side (the residential side) of the unnamed stream a split rail fence is proposed with a 25 -foot buffer strip planting area with native species and a 25 -foot strip will be planted on the southern side of the stream without the fencing. She noted that Mr. Buckley has provided a detailed plan showing, along with the split rail fence, signage to be placed on the fence posts. She said the signs will be smaller than the required size. Signs will be placed approximately every 75 feet. An existing sump pump located along the bank of Cabot Pond will be removed and abandoned. All the comments from Richard Alves have been addressed. Christopher Marcheselli made the motion to issue an Order of Conditions to John Walsh, 54 Willow Street, Map 28, Parcel 11, 12, 118 & 150, DEP SE 211 -0931, for the construction of 1,998 linear feet of subdivision roadway with associated drainage, water and utilities with the following Special Conditions specific to this site: FINDINGS BY MANSFIELD CONSERVATION COMMISSION FOR WILLOWDALE SUBDIVISION DEP SE 211 -0931 1. All wetland resource areas onsite were delineated under an ORAD (DEP SE 211 -0920) in April 2014. 2. Conservation Commission found that the unnamed stream located on the southern portion of the subdivision is intermittent. The Commission requested that the original ORAD be amended to reflect this finding. 3. The 25' buffer planting strip along the unnamed stream will benefit the resource areas onsite. 4. The Order of Conditions is for work related to the roadways and storm water structures only. 5. Lots 1, 2, 3, 4, 5, and 6 will have to file separate NOls in the future for work within 100 feet to wetland resource areas. 6. Work associated with the installation of the sewer line connection from Spring Street will take place within the 25' No Disturb Zone. This work is permitted under a limited project 310 CMR 10.53(3)(e) and section 2.8 of the Chapter 15 Mansfield Wetland Protection Bylaw. 7. An invasive species management plan has been approved for the resource area within the sewer line easement to the south of Spring Street. ADDITIONAL SPECIAL CONDITIONS FOR WILLOWDALE SUBDIVISION UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 DEP SE 211 -0931 1. 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. 2. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 3. The Commission reserves the right to require additional mitigation activities or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained in the field. 4. The Applicant shall ensure that all demarcation and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions. 5. If stabilization of side slope seeding areas does not occur within the first growing season, the Agent is to be notified of the proper stabilization techniques that are to be implemented to insure no sediment is discharged to the resource areas. 6. A construction sequence is to be submitted to the Commission prior to the start of work. 7. The Commission or the Agent is to be notified of the starting date of the work prior to its commencement. 8. Prior to the commencement of work, a pre- construction meet shall be held with the Agent, the Engineer and /or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 9. The Applicant shall retain the Order of Conditions and all plans of records on site during the construction; these shall be made available to and reviewed with all contractors. 10. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 11. 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, letter signed by a professional engineer certifying that the work has been done in accordance with the approved plans and the Order. 12. 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. 13. All work must conform to the plans referenced in this Order below: Willowdale Subdivision DEP SE 211 -0931 Sheet No. Description Final Revision Date CV Cover Sheet 2 -4 -2015 1 Legend and Notes 12 -5 -2014 2 Index Plan 2 -4 -2015 17 3 Property Line Plan 2 -4 -2015 4 Property Line Plan 2 -4 -2015 5 Property Line Plan 2 -4 -2015 6 Property Line Plan 2 -4 -2015 7 Topographical Plan 2 -4 -2015 8 Topographical Plan 2 -4 -2015 9 Topographical Plan 2 -4 -2015 10 Topographical Plan 2 -4 -2015 11 Plan & Profile Marie Drive 2 -4 -2015 12 Plan & Profile Lorraine Drive 2 -4 -2015 13 Plan & Profile Julia Drive 2 -4 -2015 14 Construction Details 2 -4 -2015 15 Construction Details 12 -5 -2014 16 Construction Details 12 -5 -2014 17 Construction Details 12 -5 -2014 18 SWPPP 9 -12 -2014 14. Permanent metal or plastic signs along the proposed split rail fence are to read "Environmentally Sensitive Area - Do Not Disturb ". These signs are to be placed on site every 100 feet along the split rail fence per the Agents recommendation. Signs shall be no less than 5 feet in height and approximately 12" x 18" in size. See the Agent for signage guidelines, quantity and specific sign locations. 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 16. The sump pump located along the bank of Cabot Pond is to be removed and abandoned. No pumping from the pond is permitted as part of this Order. 17. All comments included on the memo from Richard Alves, Jr., Town Engineer, dated November 17, 2014, for the Definitive Subdivision of Willowdale /Willow Street shall be addressed and included as part of this Order of Conditions. 18. The included Flood Impact Analysis and Stormwater Management Plan prepared by Bay Colony Group, Inc., for "Willowdale" submitted September 2014 is to be included with this Order of Conditions. All on -going O &M plan reports and checklists are to be submitted to the Commission as noted. 19. The included Environmental Impact Statement prepared by Bay Colony Group, Inc., for "Willowdale" submitted September 2014 is to be included with this Order of Conditions. All on -going O &M plan reports and checklists are to be submitted to the Commission as noted. 20. The Invasive Species Management Plan for the area within the proposed "Willowdale" sewer easement 10 prepared by PARE Corp, Inc. submitted January 7, 2015 is to be included with this Order of Conditions. 21. This Order of Conditions is for the construction of the subdivision roadways and stormwater structures only. All work on lots within 100 feet of a resource areas is to file a separate Notices of Intent (Lots 1, 2, 3, 4, 5, and 6 as shown on Index Plan of Definitive Plan of Land of Willowdale , Mansfield MA, dated February 4, 2015). 22. The proposed split rail fence and 25 -foot buffer strip planting area is to be constructed as shown on Lots 1, 2 and 3 on sheet 14 of Definitive Plan of Land of Willowdale, Mansfield MA, dated February 4, 2015. Mr. Reith seconded the motion. Motion passed 4 -1 -0. Hearing ended at 9:22 pm. 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 with the 100 -foot Buffer Zone of Bordering Vegetated Wetlands and an Inland Bank. Ms. Merrill said Lots 22 & 23 are located on the northern portion of the parcel, on lawn associated with the Willowdale Golf Course. The lots will be accessed by a bridge span crossing over the unnamed intermittent stream that runs north to south along the property. Ms. Merrill suggested that language be included in the Special Conditions that if the 30+ linear feet of bank is disturbed, this area would be reconstructed in kind under the supervision of a Wetland Scientist. Ms. Merrill noted that the project is proposed as a limit project to access the upland. She said this is the most reasonable alternative; the other alternative to access the four proposed lots would be to design a subdivision roadway to the south of the stream. She said this would add more impervious surface and more work within the buffer zone and if the subdivision roadway is required, the applicant would propose six house lots instead of four lots. The stream crossing, as proposed will result in less impacts to the resource area. Ms. Merrill said the Applicant will give back a 25 -foot planted buffer strip on each side of the stream with a split -rail fence installed on the residential side. She said the Applicant would have to come back to the Commission if anything were to change such as the footprint or any work within the buffer zone. She said Richard Alves, Town Engineer, had engineering design questions and concerns; all his comments and concerns have now been addressed. Ms. Merrill said the Potential Vernal Pool located to the north of Lot 23 has a 100 -foot no disturb buffer, along with the wetland buffer. Ms. Merrill met with DEP to determine if the Commission has the right to classify this as a limited project since currently there is access to the upland. She said the Commission can determine it to be a reasonable alternative. She noted the bridge has been designed within all the MADEP Stream Crossing Standard. Mr. Marcheselli made the motion to issue an Order of Conditions to John Walsh, Willow Street, Map 12, Parcel 27, Lots 22 & 23, DEP SE 211 -0933, with the following Special Conditions: ADDITIONAL SPECIAL CONDITIONS FOR TOWN OF MANSFIELD, WILLOW STREET, MAP 12, PARCEL 27, LOTS 22 & 23 UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 DEP SE 211 -0933 11 1. 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. 2. All work must conform to the plans referenced as "the plan of record" in this Order (dated February 4, 2015). 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 4. 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 on site. 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions. 6. 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. 7. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 8. A construction sequence is to be submitted to the Commission prior to the start of work. 9. The Agent shall be notified prior to the installation of the stream crossing bridge. Photographs of the stream bed shall be taken prior and post bridge construction. 10. Prior to the commencement of work, a pre- construction meet shall be held with the Agent, the Engineer and /or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 11. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record. 12. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 13. 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. 12 14. 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. 15. Permanent metal or plastic signage will be placed on the proposed split rail fence to read "Environmentally Sensitive Area -Do Not Disturb" or equivalent (as shown in Plan of Record detail) every 75 feet. 16. Two (2) Permanent metal or plastic signage will be placed in a designation set by the Commission or the Agent (along tree line to the south of Potential Vernal Pool), on mental posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb" or equivalent. Signs shall be no less than 5 feet height and approximately 12" x 18" in size. 17. The 100 -foot buffer from the potential Vernal Pool located to the north of Lot 23 shall not be disturbed. No work shall take place within this potential Vernal Pool habitat. 18. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 19. A wetland monitor, pre- approved by the Mansfield Conservation Commission, is to be hired at the applicant's expense. The wetland monitor is to be present during construction and during all work within Conservation Commission jurisdiction. 20. Wetland Monitor shall report back to the Commission once the buffer strip planting areas have been planted. Planting status reports are to be submitted to Commission bi- annually for the next three growing seasons. 21. The buffer strip plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission. 22. Once the buffer strip area is planted (demarcated with a split -rail fence along the 25 -foot on the residential side of the stream) and seeded with conservation seed mix, the area shall be allowed to naturalize. No landscaping or manicuring shall be permitted within the 25 -foot buffer strip. 23. A wetland monitor shall be present during the installation of the bridge. Mr. Reith seconded the motion. Motion passed 4 -0 -1 Hearing ended at 9:32 pm. 10. Notice of Intent: John Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21. DEP SE 211 -0932 13 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. Mr. Marcheselli made the motion to issue an Order of Conditions to John Walsh, Willow Street, Map 12, Parcel 27, Lots 20 & 21, DEP SE 211 -0932, with the following Special Conditions: ADDITIONAL SPECIAL CONDITIONS FOR WILLOW STREET, MAP 12, PARCEL 27, LOTS 20 & 21 UNDER MANSFIELD WETLAND PROTECTION ACT BYLAW, CHAPTER 15 DEP SE 211 -0932 1. 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. 2. All work must conform to the plans referenced as "the plan of record" in this Order (dated February 4, 2015). 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work. 4. 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 on site. 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions. 6. 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. 7. A construction sequence is to be submitted to the Commission prior to the start of work. S. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 9. Prior to the commencement of work, a pre- construction meet shall be held with the Agent, the Engineer and /or Representative, and the General Contractor to review the Order of Conditions, scope of work and construction sequencing. 10. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record. 14 11. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 12. 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. 13. 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. 14. Permanent metal or plastic signage will be placed on the proposed split rail fence to read "Environmentally Sensitive Area -Do Not Disturb" or equivalent (as shown in Plan of Record detail) every 75 feet. 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 16. A wetland monitor, pre- approved by the Mansfield Conservation Commission, is to be hired at the applicant's expense. The wetland monitor is to be present during construction and during all work within Conservation Commission jurisdiction. 17. Wetland Monitor shall report back to the Commission once the buffer strip planting areas have been planted. Planting status reports are to be submitted to Commission bi- annually for the next three growing seasons. 18. The buffer strip plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission. 19. Once the buffer strip area is planted (demarcated with a split -rail fence along the 25 -foot on the residential side of the stream) and seeded with conservation seed mix, the area shall be allowed to naturalize. No landscaping or manicuring shall be permitted within the 25 -foot buffer strip. Mr. Reith seconded the motion. Motion passed 4 -0 -1. Hearing ended at 9:35 pm. 11, Correspondence: 12. New Business: Review recommended By -Law changes for FY 2016 A draft of recommended changes to the Wetland Protection Bylaw was sent to each Commissioner. Ms. Merrill has worked closely with Town Counsel since the Regulations were revised last year to incorporate several changes to the By -Law and has contacted Natural Heritage, DEP and reviewed other town regulations. These changes are proposed to strengthen the By -Law to make it defendable in case of an appeal. 15 Five (5) warrant articles will be submitted to Town Meeting for approval: Article 5 — Land Acquisition, Article 2: Amend Wetland Protection By -Law, Section 2: Exemptions, Article 1: Amend Town of Mansfield Wetland Protection By -Law to Add New Section 8: Variance, Article 4: Amend Town of Mansfield Wetland Protection By -Law — Activities & Filings, Section 3, Activities Within Resource Areas and Adjacent Buffer Zones, Article 3: Amend Wetland Protection By -Law, Section 2.6 (regarding NHESP habitat) Met with NHESP. The revisions include language to include the recent changes made to the Wetlands Protection Act in October 2014: jurisdiction, procedures, and minor exempt activities. Changes include revisions to Section 2.6 regarding NHESP habitat. Spoke with NHESP and drafted some revisions to the Bylaw to accurately reflect the intentions of the NHESP program and make them parallel the Massachusetts Endangered Species Act. Honoring DEPs non - jurisdictional Title 4 stormwater structures that were created after 1996 — example: detention ponds that have turned into wetlands. Promote maintenance and upgrades to stormwater structures. Ms. Merrill included a draft variance process to allow for waivers to the By -Law for rare and unusual circumstances where the strict adherence to the By -Law is not possible. She said the variance process is very detailed and is found in most all local By -Laws. She said this is a stricter process to go through, there is an additional fee involved, takes more time to review, and rarely obtained. She would like to hold a meeting on March 4, 2015 to finalize the warrant articles for submittal on March 11, 2015. MACC Conference (Annual 2015) Ms. Merrill will be attending the MACC Annual Conference is February 281h from 9am to 4pm in Worcester. The Commissioners interested in attending any of the workshops should let Ms. Merrill know. 13. Old Business: 14. Adjournment: Motion to adjourn at 9:12 pm (Marcheselli /Maxwell) Motion passed. Next meeting will be March 16, 2015 Michael Healey, Chairmag Date 16