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HomeMy WebLinkAboutCONSERVATION_03162015_201504290735Town of Mansfield Conservation Minutes March 16, 2015 Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; Matthew Rieth; Ryan Maxwell; Katelyn Merrill, Conservation and Environmental Planner. 1. Meeting opened at 7:02 pm. 2, Request for Determination of Applicability: Mansfield Airport Commission, 265 Fruit Street, Map 36, Parcel 15. The Request for Determination of Applicability was filed for the reconstruction of the existing parking lot and driveway resulting in grading to accommodate additional drainage measures within 100 feet of Bordering Vegetated Wetland. Ms. Merrill explained the Airport will be replacing the main administration building with a new single -story structure and as a result of the new construction, the existing parking lot and driveway will need to be reconstructed. Some grading will be done in the grassed area north of the driveway to accommodate additional drainage measures to comply with MassDEP Stormwater requirements. Ms. Merrill said the work is located 30 feet from the wetland line located across Fruit Street and there will be no increase in the imperious footprint. She suggested siltation controls be installed along the wetland line on the north side of Fruit Street. She said all stormwater issues will be reviewed by Richard Alves, Town Engineer. Mr. Rich Lasoin, Airport Solutions Group, said there will be a small modification of the driveway and a stormwater detention pond will be created in the grassed area between Fruit Street and the parking lot. Mr. Marcheselli made the motion to issue a Negative Determination for Reason #3, work will not alter an Area Subject to Protection, a Notice of Intent is not required, to Mansfield Airport Commission, 265 Fruit Street, Map 36, Parcel 15 for the reconstruction of the existing parking lot and driveway resulting in grading to accommodate additional drainage measures with the following condition that siltation control be placed along the wetland line on the north side of Fruit Street. Mr. Turnbull seconded the motion. Motion passed 5 -0 -0. 3, Notice of Intent: Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15. DEP SE 211 -0929 The Notice of Intent was filed 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 as submitted to construct additional hangars, associated parking, and fuel storage along with stormwater design but just before the hearing Ms. Watsky was informed the Applicant wanted to adjust the building footprints; originally four (4) hangars were proposed for a total of 42,500 square feet and the new plan is for five (5) buildings, one large corporate hangar and four smaller hangars with a total of 30,325 square feet. The overall area of pavement 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. Ms. Watsky has submitted a revised plan. She said all Mr. Alves's comments in the February 24, 2015 memorandum have been addressed in the letter from Guerriere & Halnon, Inc., dated March 9, 2015 except 1 for the cover over the drain pipe; the minimum cover is three (3) feet. The size of the pipe has been changed from 8" to 12" to ensure the required cover over the pipe. Ms. Watsky said the Commission asked about the stabilization of the slopes, ( #10 comment from Mr. Alves's February 24, 2015 memorandum). She said it is noted on the revised plan dated March 9, 2015: Any slope over 3:1 shall be stabilized with a jute mesh and a detail shall be submitted to the town engineer for approval prior to installation of the jute mesh. Ms. Merrill suggested the Order of Conditions not be issued pending Mr. Alves's review and approval of the March 16, 2015 revisions. Ms. Watsky asked if Special Condition #25 will be included in the Orders because the fuel tanks have now been moved outside the buffer. This condition will be removed. Mr. Turnbull made the motion to issue an Order of Conditions under the Mansfield Wetland Protection By -Law to Ron Nation, 265 Fruit Street, Quadrant 4, Map 36, Parcel 15, DEP SE 211 -0929, pending the Town Engineers review and approval of the last edit of the plan, with the following Special Conditions specific to this project: 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 mitigation and erosion control devices and measures (compost or mulch waddles, siltation fences, etc.) shall be installed, per the approved plan, prior to any construction, clearing, or excavation. The applicant shall notify the Conservation Agent (Agent) when any such devices or measures are installed so that a site visit can be made prior to the commencement of work. The Agent shall request an onsite meeting with representative, contractor, owner and /or a qualified wetland scientist to review scope of work prior to the commencement of work. 3. Except within the approved wetland restoration and fill areas, no site access, staging, or construction activity of any kind is to occur within the 25 -ft. "No Disturb Zone" as shown on the approved plans. There are no exceptions to this Condition. 4. 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. 5. 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 are to be covered with jute mesh and seeded with an approved Conservation seed mixture with native grasses, sedges and herbaceous plants. Once the seed has germinated, it shall be left to naturalize. 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 into stormwater drainage components as shown on the approved plan. 7. The Commission or the Agent is to be notified of the starting date of the work prior to its commencement. 8. The Applicant shall retain the Order of Conditions and all plans on site during the construction; these shall be made available to and reviewed with all contractors prior to notifying the Commission and /or Agent of the start of work. 9. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 10. 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, a letter signed by a professional engineer and a letter signed by a professional wetland scientist verifying the successful function of the wetland replication areas, certifying that the work has been done in accordance with the approved plans. Once a Certificate is requested, the Commission shall review the health and function of the replicated wetland. If the wetland is not functioning properly at the time of this review, on- going conditions may be included with the Certificate of Compliance for further restoration and monitoring activities. 11. 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. 12. Prior to any work commencing under this Order, a pre- construction meeting shall take place with the Agent, the supervising wetland scientist, and the representative and /or contractor to discuss the project scope and construction sequence. The Agent is to be notified prior to filling of the designated wetland areas and the planting of the restorations areas. 13. All work must conform to the plans and conditions referenced in this Order below: Quadrant Four, Mansfield Municipal Airport MAP 36, PARCEL 15, 265 FRUIT STREET Mansfield, MA (DEP SE 211 -0929) Description Final Revision Date C -1.0 Existing Plan of Land, Guerriere & Halnon 03/09/2015 C -2.0 Site Layout- Plan of Land, Guerriere & Halnon 03/09/2015 C -3.0 Grading & Drainage Plan of Land Guerriere & Halnon 03/25/2015 C -4.0 Utility Plan, Plan of Land, Guerriere & Halnon 03/025/2015 C -5.0 Erosion Control Plan of Land, Guerriere & Halnon 03/09/2015 Pipe Drainage, Guerriere & Halnon 03/25/2015 Pre- development Plan of Land, Guerriere & Halnon 01/31/2014 Post development Plan of Land, Guerriere & Halnon 01/31/2014 Replication Plan of Land, Guerriere & Halnon 01/17/2014 14. Permanent metal or plastic signs on mental posts (not on trees) to read "Environmentally Sensitive Area - Do Not Disturb" are to be placed on site every 100 feet along the 25 -ft. "No Disturb Zone" as needed 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 and individual signage locations. 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 16. The wetland replication area plantings shall have a 75% survival rate within the first three (3) growing seasons along with the replicated wetlands maintaining successful hydrologic conditions. If this survival rate and/ or hydrologic conditions are not met, then recommendations for additional plantings and additional restoration activities shall be proposed to the Commission. 17. The supervising wetland scientist shall oversee the filling of the Isolate Vegetated Wetland and the planting of the proposed replication areas. The supervising wetland scientist will submit a progress report including photographs to the Commission every month after the planting of the replication areas have commenced. These reports shall be submitted monthly until the areas have stabilized. Once stabilized, the Agent must be notified to conduct a site visit to verify stabilization. Once the areas have stabilized, a written report is to be submitted to the Commission in the spring and fall seasons until the three growing seasons have passed. 3 18. The "Construction Sequence" submitted by Goddard Consulting, LLC dated October 8, 2014 shall be included with this Order. 19. All comments included on the memo from Richard Alves, Jr. P.E., Town Engineer, dated November 3, 2014, shall be addressed and included as part of this Order of Conditions. 20. The included "Hydrologic & Hydraulic Report" prepared by Guerriere & Halnon, Inc., dated Oct 22, 2014 is to be included with this Order of Conditions. All on -going 0 &M plan reports and checklists are to be submitted to the Commission as noted. 21. All procedures and conditions outlined in the "Wetland Replication Plan" prepared by Goddard Consulting, LLC, dated January 23, 2014, are to be included with this Order of Conditions. 22. All conditions outlined with the 401 Water Quality Report, issued on February 21, 2014 are to be included with this Order of Conditions. 23. Once construction is complete, the Agent shall meet with the applicant and representative onsite to review areas that may require permanent fencing or other forms of demarcation of sensitive wetland areas where high activity will occur on a regular basis. These areas are to be determined in the field. 24. If approved at the spring 2015 Town Meeting, a copy of the preservation restriction on the Town -owned Fruit Street parcel 34 -415 as required the Army Corps of Engineers shall be submitted to the Conservation Department. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:20 pm. 4. Correspondence: S. New Business: Review recommended By -Law changes for FY 2016 Ms. Merrill said there are now three warrants instead of five: Section 8: Variance, revisions to the By -Law and land transfer. Article 1. Section 8: Variance: clarification that all three standards in 8.2 have to be met. A) 1. The Commission finds that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the performance standards in these Regulations. 2. Mitigating measures area proposed that will allow the Commission to set conditions on the project so that it contributes to the protection of the resource values identified in this Wetland By -Law. 3. The variance is necessary to avoid a decision that so restricts the use of the property that it constitutes as an unconstitutional taking without compensation. -OR- B) The variance is necessary to accommodate an overriding community, regional, state, or national public interest. In the case of owner occupied single or two family residences, mitigation which improves the resource area quality may be considered to accommodate the public interest. Ms. Merrill will have draft regulations regarding the variance and application procedure along with a fee schedule prior to Town Meeting. Article 2: Amend Wetland Protection By -Law Exemptions: Section 2: Jurisdiction, 2.1, 2.2, 2.6, and Section 3. Ms. Merrill said 2.1 Areas Subject to Protection (first bullet point) was re- formatted with the word "bordering" added. Word "from" was taken out and the word "of was added to bullet point seven) 0 Paragraph added. Pursuant to MADEP Wetland Protection Act Regulations 310 CMR 10.02(2)©, stormwater management systems designed, constructed, installed, operated, maintained, and /or improved in accordance with MADEP Stormwater Standards after November 2, 1996 do not, by themselves, constitute Areas Subject to Protection or have an associated buffer zone under this By-Law. 2.2 Exemptions: 4. Normal maintenance, repair, replacement, or improvement to any existing private residential (property — removed) building, or structure and /or component including, but not limited to: fences, hedges, gardens, lawns, retaining or stone walls, patios, lamp posts, flag poles, or mailboxes. Project proponents must check with the Commission or its agent for applicability pursuant to the Administrative Review Policy and Procedure (added). Paragraph 5 added: All minor exempt activities listed in DEP Wetland Protection Act Regulations 310 CMR 10.01(b)(2). Project proponents must check with the Commission or its agent for applicability pursuant to the Administrative Review Policy and Procedure. Paragraph 6 added: Pursuant to DEP Wetland Protection Act Regulations 310 CMR 10.02(3), all maintenance activities of a stormwater management system constructed or improved after November 18, 1996, in accordance with the MADEP Stormwater Management Standards. Said maintenance work shall utilize best practical measures and is limited to the footprint of the stormwater structure. Project proponents must check with the Commission or its agent for applicability pursuant to the Administrative Review Policy and Procedure. Ms. Merrill said Administrative Review Policy and Procedure is not a regulation but a policy. She said once the changes to the By -Law are approved at Town Meeting, the Regulations will have to be amended to add Administrative Review and the Definitions section will have to be expanded and a fee schedule established. 2.3 No changes proposed 2.4 No changes proposed 2.5 No changes proposed 2.6 Natural Heritage section: 2.6 Notwithstanding the provision of Sections 2.4, 2.5 and 2.7, no activity, associated with the construction of new subdivisions (including roadways, drainage or utility systems, or individual homes) or commercial /industrial projects, shall be performed within 100 feet of any certified Vernal Pool, or wetland whieh is identified by the State as the habitat site of a state - listed species. If the activity is within 100 feet of a potential Vernal Pool and /or within 100 feet of a wetland within estimated habitat as indicated on the most recent Estimated Habitat Map of State - listed Rare Wetlands Wildlife the applicant may demonstrate, through a wildlife study performed by a qualified consultant droved by the Commission, that a potential Vernal Pool is not a functioning Vernal Pool or may demonstrate that the site is not habitat for the associated state - listed species. If the Commission determines that the potential Vernal Pool in question is not a Vernal Pool or that the activity is not within state - listed species habitat, then the Commission may allow activity to occur within 100 -feet of said wetland area tluough an Order of Conditions. If an addition to an existing residential structure is proposed within 100 feet of a certified Vernal Pool, the Commission will review this activity on a case -by -case basis, and issue conditions necessary to provide for maximum protection to the Vernal Pool in question, or deny the project if no conditions are satisfactory to protect the pool. Amended: r..h. 2 If the 100 -foot radius around such a Vernal Pool or wetland area within habitat of state - listed species intersects an existing public roadway, then work may be allowed, through an Order of Conditions, by the Commission to occur within the 100 -foot radius as long as the proposed work area is on the opposite side of the street from the pool or wetland area. If the State's Nato Heritage Program A _te.«.nes through . site , .sit that the Vernal Pee! or wetland area is not cs signifieRnt habitat area, er if the applicant demonstrates th+e�tgh a 'wildlife stud, qualified eanstiltant approved by the Gorm-aission th..t N.e Venial Pool or wetland area is «et —a significant habitat area then the /'.,..,..,issi.., En till..., through an Order of Conditions, activity to eeetir within 100 leer of. said Venal Pool or wet! ••nd -area. Ms. Merrill said these changes give the Commission extra jurisdiction within the areas listed and there is now a procedure that an applicant can go through to disprove the existence of the habitat. 2.7 No changes proposed. Section 3: Activities Within Resource Areas and Adjacent Buffer Zones First paragraph was edited and reformatted and 3.1, 3.2, 3.3 and 3.4 were added. Section 4: (4.1 -4.4) Administration —No changes proposed. Section 5: (5.1 -5.2) Fee and Bonding —No changes proposed. Section 6: Burden of Proof — No changes proposed. Section 7: Severability — No changes proposed. Article 3: Conservation Land Transfer: To see if the Town will vote to transfer from the Board of Selectmen to the Conservation Commission the care, custody, management and control of a certain parcel of land on the westerly side of South Main Street as shown on Assessor's Map 14, Parcel 20, containing 1.3 acres more or less for conservation, open space and passive recreational purposes in perpetuity and for such parcel to be held and administered by the Commission pursuant to M.G.L. c. 40, § 8C and submitted and subjected to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts or to take any other action related thereto. Mr. Healey noted there were no comments from the audience. Mr. Turnbull made the motion to accept the draft By -Law revisions, dated March 12, 2015, and add to the warrant for 2015 Town Meeting. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. 6. Old Business; Approval of January minutes: Mr. Turnbull made the motion to accept the January 12, 2015 minutes as written. Mr. Maxwell seconded the motion. Motion passed 4 -0 -1. Ms. Merrill asked if the Commission would like to receive meeting information electronically. Mr. Turnbull suggested Dropbox, a PDF storage folder that would allow for editing or updating the contents of the folder. She will provide more information at the April meeting. 0 7. Adjournment: Motion to adjourn at 7:38 pm: Turnbull /Rieth. Passed. Next meeting will be April 13, 2015 at 7:00 pm. S &a Michael Healey, Chairman Date