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HomeMy WebLinkAboutCONSERVATION-04132015_201508061230Town of Mansfield Conservation Minutes April 13, 2015 Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; David Hobaica; Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting opened at 7:04 pm. 2. Notice of Intent: Richard C. Alves, Winter Street within the Town Right of Way, Maps 30, 38 & 39. DEP SE 211 -0939. Richard C. Alves, Jr., Town Engineering Division said the Department of Public Works is proposing improvements to Winter Street. The intent of the project is to do a full -depth construction of a portion of Winter Street from Franklin Street to Maple Street, with approximately 3,800 linear feet of reclaimed roadway. The first part of the project is to construct a new 12 -inch water main and drainage structures at the intersection of Franklin and Winter Streets. Work will be within 100 feet of a Bordering Vegetated Wetlands and the Canoe River Aquifer ACEC and a potential vernal pool. Mr. Alves noted erosion controls, silt socks, are proposed on the north and south sides of Winter Street and at the intersection of Maple Street and Bird Road. He said there will be no adverse impacts to the wetlands. He said the water main and drainage will be done this year, then the following year the roadway will be paved. Ms. Merrill said there was a question of the applicability of the Stormwater Management Regulations. Because the roadway will be widened by 1 +J- feet in certain areas, this project will be subject to Stormwater. She said this qualifies as a redevelopment project and is located in a Zone U. Because Winter Street is considered a scenic road, the impact to the shoulders of the road will have to be minimized. Mr. Maxwell asked if there will be a peer review of this project. Mr. Alves said a review has been done with all the appropriate departments and all comments have been addressed. He said the issues with the scenic road will be addressed at the end of April and the alteration of the intersection of Winter and Maple Street will go before Town Meeting. Mr. Maxwell made the motion to issue an Order of Conditions for the proposed improvements to Winter Street, Maps 30, 38 & 39, DEP SE 211 -0939, within 100 feet of Bordering Vegetated Wetlands, the Canoe River Aquifer ACEC and a potential vernal pool, plan "Water Main & Roadway Improvements Winter Street, Sheets 1 of 6, dated February 17, 2015, prepared by Town of Mansfield Department of Public Works, with the following Special Conditions: 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; all work must conform to the plans referenced as "the plan of record" in this Order; 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 1 commencement of work; 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; the Applicant shall ensure that all demarcation (Le, 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; a construction sequence is to be submitted to the Commission prior to the start of work; the Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 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; 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; wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 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; all the terms and conditions set forth in the Stormwater Management Plan for Winter Street prepared by Richard C. Alves, Town Engineer., submitted April 8, 2015 are to be included with this Order of Conditions. All on -going 0 &M plan activities are to be recorded as noted. All reports and checklists are to be submitted to the Commission as noted. Mr. Rieth seconded the motion. Motion passed 4 -0 -1. Hearing ended at 7:17 pm. 3. Notice of Intent: MassDOT Highway Division (Susan McArthur) Department of Transportation, East Street, Safe Routes to School project. DEP SE 211 -0938. MassDOT is proposing new sidewalks, bicycle lanes, minor drainage modifications, ADA wheelchair ramps and pavement resurfacing, and other safety measures to improve the walking and bicycling routes to the Jordan /Jackson Elementary School on East Street as part of the "Safe Routes to School: infrastructure program in Massachusetts. Work will be within the 100 -foot buffer zone to an Intermittent Stream. Mike Meyers of TEC, Inc., and Richard C. Alves, Jr., Town Engineer, were present. Mr. Meyers explained this is a federally funded project that will include roadway reconstruction, widening the bike lane, designated parking lane and sidewalks on both sides of the East Street corridor, as well as drainage and utility improvements. Mr. Meyers said there is an Intermittent Stream on the south corner of East Street and the driveway of the Jordan /Jackson School building so there is a 100 -foot buffer zone. The work within the Buffer Zone will be roadway construction, new sidewalks and median to slow the traffic entering the school zone. Mr. Meyers said he has worked with Mr. Alves on test pits and has incorporated a forebay with a filtration basin to treat a half acre of pavement runoff. The project will be constructed within the existing footprint of the paved area but there will be a slight 0 increase in the impervious area of approximately 6,000 square feet but by including the improvements to the Stormwater system, there will be a mitigation of 24,000 square feet of impervious area by infiltrating runoff and a reduced peak flow of 20% before it enters the intermittent stream. There will be 89 %TSS removal. Mr. Marcheselli made a motion to issue an Order of Conditions to MassDOT Highway Division (Susan McArthur) Department of Transportation, East Street, new sidewalks, bicycle lanes, minor drainage modifications, ADA wheelchair ramps and pavement resurfacing, and other safety measures to improve the walking and bicycling routes to the Jordan /Jackson Elementary School on East Street as part of the "Safe Routes to School: infrastructure program in Massachusetts, DEP SE 211 -0938, with the following Special Conditions: 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; 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 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; 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; 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. All the terms and conditions set forth in the Stormwater Management Plan for East Street prepared by TEC, Inc., submitted March 23, 2015 are to be included 3 with this Order of Conditions. All on -going 0 &M plan activities are to be recorded as noted. All reports and checklists are to be submitted to the Commission as noted; 16. Any disturbed areas within the Buffer Zone are to be seeded with a conservation seed mix; Plan, "Plan of Jordan /Jackson Elementary School East Street, dated March 23, 2015, prepared by TEC, Inc. Mr. Hobaica seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:30 pm. 4. Notices of Intent for Saddle Ridge Road, Lot 3, DEP SE 211 -0937 and Wayside Drive, Lot 4, DEP SE 211 -0935 and Wayside Drive, Lots, DEP SE 211 -0936, Map 3, Parcel 9. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., explained Lots 3, 4 & 5 are part of a Form A lot filing, with two additional lots that are not within jurisdiction of the Conservation Commission. The Notices of Intent were filed for the construction of single family dwellings with associated appurtenances within the 100 -foot buffer zone of Bordering Vegetated Wetland and Natural Heritage Areas. Mr. Trowbridge said the subdivision was approved in the 1970s with 40 -50 lots and the applicant started construction but realized there was a soil change within the subdivision; utilities and roads were already done and the work was stopped. The Planning Board had rescinded the remaining sections of the subdivision and the applicant, since 2005, has come before the Planning Board with 2 -3 different versions of the plan, done by different engineers. Mr. Trowbridge said he went before the ZBA in August 2014 for a Variance for five single - family lots without a roadway. There are 29 acres that will be donated to the town as part of the open space. Mr. Trowbridge said Lot 3 (DEP SE 211 -0937) is located at the end of Saddle Ridge Road and the work proposed within 100 feet of a BVW is for the grading, water service and a small portion of the septic system. The proposed driveway and house are entirely outside the 100 -foot Buffer. Mr. Trowbridge noted dry wells will be installed and silt fence is proposed along the edge of excavation. Mr. Trowbridge said a Wildlife Habitat Study was done in the spring of 2006 and Sarah Haggerty, an NHESP reviewer, determined that the site may be potential habitat for Blanding Turtles. In October 2006, Brown & Caldwell submitted a Rare Species Report focusing on the threatened species at the site (the Blanding Turtle). As a result of their survey, no Blanding Turtles or any other state - listed species were observed onsite. Mr. Trowbridge said under the Permit Extension Act, the 2006 Wildlife Habitat Study is still valid until fall 2015 but new plans were sent to Natural Heritage for review of Lots 3, 4, & 5. In a letter dated April 8, 2015, under the Wetlands Protection Act, the project as proposed will not adversely affect the actual Resource Area Habitat of state - protected rare wildlife species and under Massachusetts Endangered Species Act, the proposed plans will not result in a prohibited "take" of state - listed rare species. Mr. Trowbridge said the project meets the standards of the By -Law as well as the state regulations. Mr. Trowbridge said Wayside Drive, Lot 4 is located at the end of Wayside Drive adjacent to Lot 5. The work proposed within 100 feet of a Bordering Vegetated Wetland is for the water service, grading associated with the septic system, with a portion of driveway within the 25 -50 -foot No Touch Zone (NTZ). The house and septic system are outside the 100 -foot buffer. He said silt control will be installed along the entire section of grading. 21 Mr. Trowbridge said a small portion of the driveway for Wayside Drive, Lot 5, is within the 100 -foot buffer zone. Mr. Hobaica asked if a shared driveway could be an option for Lots 4 and 5. Mr. Trowbridge said a special permit would be required because shared driveways are not allowed for Form A lots; it would be considered illusory access. Ms. Merrill asked if the driveway for Lot 4 could be moved outside the 25- 50 -foot NTZ. Mr. Trowbridge said the driveway could be moved towards the property line but this could cause problems with the neighbors. Mr. Marcheselli asked how much of the Lot 4 driveway is actually in the 25 -50 -foot. Mr. Trowbridge said approximately 550 square feet. Mr. Trowbridge said the driveway will be pitched toward the wetland area. Mr. Trowbridge said the project will be a benefit for both the applicant and the town, with the donation of the 29 acres providing protection for the vernal pools, the town will not have more roadways to maintain and there will be fewer disturbances than what was previously planned. Ms. Merrill gave a brief history of the main parcel, a vacant lot off Saddle Ridge Road and Wayside Drive, Map 3, Parcel 19. In May 23, 2005, an ORAD (211 -0720) was issued for the parcel. The lot is within Estimated Habitat and four (4) potential vernal pools identified in the ANRAD filing were to be reviewed for certification but were not referenced in the 2005 GRAD. As part of a wildlife species survey, triggered by a preliminary subdivision plan in 2005, Sarah Haggerty, an NHESP reviewer, conducted a site visit in the spring of 2006 and determined that the site may be potential habitat for Blanding Turtles. In October 2006, Brown & Caldwell submitted a Rare Species Report focusing on the threatened species at the site, the Blanding Turtle. As a result of their survey, no Blanding Turtles or any other state - listed species were observed onsite. Also included in the survey, five (5) potential vernal pools, located on the southern portion of the lot, were observed to function as certified vernal pools; these pools are located within the 29 acres of land to be donated to the Town under conservation ownership. Ms. Merrill said these are probably the original vernal pools to be certified in 2005. Ms. Merrill walked the site with the representative from Trowbridge & Associates in the summer 2013 and recommended the resource areas on site be delineated, which was done in August 2013. Ms. Merrill agreed with the delineation. She noted that in January 2014, the Conservation Commission issued a Negative Determination for Reason #3 to conduct explorative borings for septic design on the site. A Bordering Vegetated Wetland is located to the northwest of the lot. The site is relatively flat. The limit of work (erosion control) is located approximately 55 feet from the edge of the wetland at the closest point. Ms. Merrill said Mr. Trowbridge came before the Commission in the fall of 2014 to see if the Commission would be interested in taking ownership of 29 acres of vacant land within Parcel 19. The Commission accepted the donation. Mr. Marcheselli made the motion to issue an Order of Conditions to Paulette Rioux for Saddle Ridge Road, Lot 3, Parcel 19, DEP SE 211 -0937 with the following additional Special Conditions under Mansfield Wetland Protection By -Law, Chapter 15: 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; 3. All limits of work and erosion controls shall be installed prior to any 5 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 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. Two (2) permanent metal or plastic signs for Lot 3, location to be determined on site by Agent, placed on mental posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb ". Signs shall be no less than 5 feet height and approximately 12" x 18" in size; 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. Once the house has been designed, or if there are any changes to the approved plan in jurisdictional areas, Applicant must submit revised plan for review and approval; 17. A revised plan showing the new location of the water service for Lot 3 must be submitted. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0. 4. Notice of Intent: Paulette Rioux, Wayside Estates LLC, Saddle Ridge Road, Lot 4, Map 3, Parcel 19. DEP SE 211 -0935. Construction of a single family dwelling with associated appurtenances within the 100 -foot Buffer Zone of Bordering Vegetated Wetland and Natural Heritage Areas. Lot 4 is located at the end of Wayside Drive adjacent to Lot 5. A Bordering Vegetated Wetland is located to the southeast of the lot. The work proposed within 100 feet of a BVW is for the water service, grading associated with the septic system 0 and driveway. The limit of work (erosion control) is located approximately 35 feet from the edge of the wetland at the closest point. Mr. Marcheselli made the motion to issue an Order of Conditions to Paulette Rioux for Wayside Estates LLC, Saddle Ridge Road, Lot 4, Map 3, Parcel 19, DEP SE 211 -0935 with the following additional Special Conditions under Mansfield Wetland Protection By -Law, Chapter 15: 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; 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 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. Two (2) permanent metal or plastic signs for Lot 4, location to be determined on site by Agent, placed on mental posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb ". Signs shall be no less than 5 feet height and approximately 12" x 18" in size; 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. Once the house has been designed, or if there are any changes to the approved plan in jurisdictional areas, Applicant must submit revised plan for review and approval; 17. A revised plan showing the new location of the water service for Lot 4 must be submitted. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0. 7 5. Notice of Intent: Paulette Rioux, Wayside Estates LLC, Saddle Ridge Road, Lot 5, Map 3, Parcel 19. DEP SE 211 -0936, Construction of a single family dwelling with associated appurtenances within the 100 -foot Buffer Zone of Bordering Vegetated Wetland and Natural Heritage Areas. A Bordering Vegetated Wetland is located to the southeast of the lot. The work proposed within 100 feet of a BVW is for the water service and driveway. The limit of work (erosion control) is located approximately 60 feet from the edge of the wetland at the closest point. Mr. Marcheselli made the motion to issue an Order of Conditions to Paulette Rioux for Wayside Estates LLC, Saddle Ridge Road, Lot 5, Map 3, Parcel 19, DEP SE 211 -0936, with the following Special Conditions under Mansfield Wetland Protection By -Law, Chapter 15: 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; 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 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. Once the house M has been designed, or there are any changes to the approved plan in jurisdictional areas, Applicant must submit revised plan for review and approval. Mr. Hobaica seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:02 pm. 6. Notice of Intent: Chris Colby, 68 Williams Street, Map 6, Parcel 43. DEP SE 211 -0940 Construction of a new home, a subsurface sewage disposal system with proposed grading and driveway within 100 feet of Bordering Vegetated Wetland associated with an intermittent stream. Ralph Maloon, RIM Engineering Co., Inc., explained the lot was before the Commission at year ago for the delineation of the Bordering Vegetated Wetland (BVW) in the rear of the property located along the Intermittent Stream and an ORAD (SE 211 -0925) was issued. The applicant is proposing a four bedroom single - family home with septic system with grading and a driveway. Mr. Maloon said the house has to be located 75 feet from the street because Williams Street is considered a scenic roadway. Mr. Maloon said because the back yard will be small, a row of shrubs will be planted along the siltation control line, located approximately 30 feet from the BVW, to prevent any activities taking place within the 25 -foot No Touch Zone. Ms. Merrill said she agreed with the wetland line. She said there are some wet areas located in the front of the lot that appear to be the result of excavation at the site in the past but are non - jurisdictional and are not subject to the Wetlands Protection Act. She said the siltation fence /hay bale line should delineate the limit of work and that the lawn area should not exceed limit of work. She suggested the line of shrubs be moved two feet closer to the house to prevent any disturbance to the 25 -foot No Touch Zone. Any additional appurtenances associated with a dwelling such as patios, decks, hardscape, pools, fences, etc. must be reviewed and approved by the Commission. She recommended an Order of Conditions be issued. Mr. Maxwell made the motion to issue an Order of Conditions to Chris Colby for 68 Williams Street, Map 6, Parcel 43, DEP SE 211 -0940, with the following Special Conditions under Mansfield Wetland Protection By -Law, Chapter 15: 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; 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- 0 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 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. Two (2) permanent metal or plastic signs to be place as shown on plan on metal posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb ". Signs shall be no less than 5 feet height and approximately 12 "x 18" in size; 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. Erosion controls (silt socks) to be moved to the proposed shrub line. Silt socks should be the limit of work. Lawn area should not exceed limit of work; 17. Once the house has been designed, or there are any changes to the approved plan in jurisdictional areas, Applicant must submit revised plan for review and approval. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:10 pm. 7. Request to Amend the Order of Conditions: Jeff Watterson, 190 Mill St, Map 43, Parcel 83. DEP SE 211 -0879, Homeowner Jeff Watterson was present. The Commission was given previous minutes for review. 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, and received an Order of Conditions in June 2005 (DEP SE 211 -726). A Certificate of Compliance was issued in 2008. Ms. Merrill said a driveway was permitted on the northern side of the property in 2005 but a new driveway was put in on the right (southern portion) of the property. 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 to bring the property into compliance; the Applicant was required to abandon the unpermitted 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 was to be constructed on the north side of the house and the rest of this area including the area in the back of the garage be loamed and seeded. It was not I It, noted in the Order of Conditions that the overhead door to the north be accessible by a driveway. Because of the steep slope of the land on the northern side, Ms. Merrill 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. 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 3 or 4 additional woody /native shrubs be planted; she will work with Mr. Watterson to develop a planting plan. The Quonset but in front of the garage door as well as multiple sheds were to be removed. The earthen berm in this area was to be removed and no further access allowed to this area. The shed located to the north will remain and the junk jeep will be removed. In the future no snow is to be stored close to the resource area. Ms. Merrill said there are two issues with this property; the garage was involved in a court case for zoning issues because it was being misused as a commercial site and conservation jurisdiction. She said the overhead garage door located on the north side of the garage was permitted in the 2005 but not included in the 2012 Order. Mr. Watterson has asked if he can now access this garage door with a vehicle. After reviewing the site, Ms. Merrill had asked that the hay bales be removed from the resource areas; this has already been done. The excess sand and salt from snow needs to be removed from the northern portion of the buffer zone. The large pile of loam has been removed. The Applicant has agreed to construct a planted earthen berm along the top of the retaining wall to the south of the property to protect the resource area from the runoff from Mill Street. Two drywells were to be installed on the north side of the garage. Mr. Watterson said the gutters were changed and only one central drywell was installed in front of the door on the northern side of the garage. Ms. Merrill said the Commission needs to decide the appropriate location and size of the driveway. Michael Morris of Norwood Engineering sketched the driveway going from the south side of the property to the garage doors. Mr. Hobaica asked if there was a need for curbing to delineate the grass and graveled area. Ms. Merrill said curbing is not necessary but there needs to be a demarcation of the driveway and the loamed and seeded areas. Ms. Merrill would like to see compliance with the Orders and eliminate any impacts by July 1, 2015. Mr. Jawdat Mansour, 186 Mill Street and the abutter on the north side of the property, said he would like the issues to be resolved as soon as possible. He asked that the situation be monitored and a work schedule be established. He said locating the driveway on the right side of the property is preferable but access to the garage should be restricted to a car or a pick -up truck; no heavy machinery. He is concerned about the noise and the use of the property and said he would be affected by any decision made by the Commission. Mr. Morris discussed the driveway plan with Mr. Mansour and will submit a new plan with the revise driveway. Ms. Merrill said the hardscape items should be done as soon as possible because she does not want the disturbed areas unstable until September. 11 Mr. Watterson said the work has been delayed because of the court proceedings and felt the July 1" deadline is unreasonable. He said he would like to do the work as quickly as possible, weather permitting. Mr. Healey said a definitive plan with the location of the driveway and details of the berm will need to be submitted and then a date set with the ultimate goal to have the site substantially in compliance by September 1, 2015, at which time, everything outside the gravel driveway are to be the loam and seeded. The soils will be removed from the wetlands; remove the concrete slab; remove the earthen berm to the south; construct the berm on the south side of property to control water and sediment from entering the wetland along the retaining wall with added plantings to stabilize area; construct the gravel driveway on the right side of the property. Ms. Merrill said a schedule of work should be referenced on the new plan. She said she will meet with Mr. Watterson on site so he can go forward with some of the work. Mr. Mansour said he appreciated everything the Commission is doing to move this project forward to completion. Mr. Rieth made the motion to continue the hearing for the Amend the Order of Conditions for Jeff Watterson, 190 Mill St, Map 43, Parcel 83, DEP SE 211 -0879, to May 18, 2015, pending the submittal of a revised site plan. Mr. Watterson can continue to work under the existing Order of Conditions. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0. 8. Correspondence: 9. New Business: Dropbox: Ms. Merrill will start using it to provide the Commission with the most up to date plans and correspondence electronically. For anyone that prefers to receive the information by mail, hard copies will be sent out. 10. Old Business: Minutes of February 23, 2015 were approved (Marcheselli /Hobaica) Motion passed 4 -0 -1 Minutes of March 16, 2015 were approved (Maxwell / Rieth) Motion passed 4 -0 -1 11. Adjournment: Motion to adjourn at 9:35 pm. (Hobaica / Rieth) Motion passed 5 -0 -0. i bWL� S A" J -E-0 ®11- Michael Healey, Chairman Date 12