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HomeMy WebLinkAboutCONSERVATION_07202015_201508200924Town of Mansfield Conservation Minutes July 20, 2015 Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; Jack Smith; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting opened at 7:10 pm. 2. Request for Certificate of Compliance: Timothy Bobola, Nitor Development, Inc., Lincoln Road, "Lincoln Place" DEP SE 211.0900. The properties at 15 Lincoln Road, Map 34, Parcel 389, 19 Lincoln Road, Map 34, Parcel 389, and 22 Lincoln Road, Map 34, Parcel 58, are all part of the Lincoln Place subdivision and received an Order of Conditions in April 2013 for grading associated with single- family dwellings. Because of a land transfer last year, the properties were issued Partial Certificates of Compliance, stating that the houses were in the approved locations, however the graded areas were not stabilized and the "Environmentally Sensitive Area — Do Not Disturb" signs had not been installed. Ms. Gonyer said the properties have since been stabilized and the signs (six signs total) have been placed in the approved locations and she recommended a full Certificate of Compliance be issued. Mr. Rieth made the motion to issue a full Certificate of Compliance to Timothy Bobola, Nitor Development, Inc., Lincoln Road, "Lincoln Place ", for Lots 5, 6, and 7, DEP SE 211 -0900. Mr. Smith seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:12 pm. 3. Notice of Intent: 271 Branch Street, Lot 3, Map 34, Parcel 101. DEP SE 211 -0945 4. Notice of Intent: 271 Branch Street, Lot 4, Map 34, Parcel 101. DEP SE 211 -0946 5. Notice of Intent: 271 Branch Street, Lot 5, Map 34, Parcel 101. DEP SE 211 -0947 This parcel of land at 271 Branch Street was the site of the Old Compo Chemical Site, a manufacturing company shut down in the 1980s. Joseph Lynch of Branch Street Development Partners, LLC explained this is a 26 -acre parcel with 11 acres for residential use and the remaining 16 acres zoned for Industrial /Commercial use. He said the Commission approved the wetland line under an ANRAD in May 2015 and the Planning Board approved five (5) single - family house lots for this parcel. Lots 3, 4, and 5 required Notices of Intent; Lots 1 and 2 are located outside Conservation jurisdiction. The Notice of Intent for Lot 3, a 61,321 square -foot lot, was filed for a single - family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland(BVW). Mr. Lynch said a portion of the proposed house and deck will be within the 100 -foot Buffer Zone. A 20 -foot wide sewer easement which will contain the 2" low pressure sewer force main for Lots 4 and 5 will be located along the 50 -foot Buffer Zone; Lot 3 will have a direct connection to the existing sewer in Branch Street. The driveway is located outside the 100 -foot Buffer Zone. An erosion control limit of work will be installed along the 50 -foot Buffer Zone. The Notice of Intent for Lot 4, a 102,346 square -foot lot, was filed for a single - family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland. Mr. Lynch said work within the 100 -foot Buffer Zone includes the pump chamber, the sewer easement and most of the driveway; because of the Isolated Vegetated Wetland in the front of the property, access to this lot will be through Lot 5. An erosion control limit of work will be installed along the 50 -foot Buffer Zone and sewer easement. The Notice of Intent for Lot 5, an 81,539 square -foot lot, was filed for a single- family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland. An erosion control limit of work will be installed adjacent to the 50 -foot Buffer Zone, along the proposed driveway and water service easement to Lot 4. The driveway is located outside the 100 -foot Buffer Zone. The extent of the grading will be limited to the inside of the erosion control line. Ms. Gonyer commented the proposed sewer service is very close to the siltation control at the 50 -foot Buffer Zone. She also noted that the proposed sewer easement is located within the 50 -foot Buffer Zone. Mr. Lynch said the sewer easement was designed prior to the wetland delineation and can be re- located. Ms. Gonyer requested that a new site plan of record be submitted showing all easements outside the 50 -foot Buffer Zone for all three lots. Any changes would have to be reviewed by Agent. Ms. Gonyer said normally when a driveway is within close proximity of the wetlands, the Commission requires that the proposed driveway be gravel. Mr. Lynch said he intended to pave the driveways from the street to each house because a gravel driveway would take away from the value of the house. Ms. Gonyer said the driveway for Lots 3 and 5 are outside the 50 -foot Buffer Zone. She suggested adding a trench if the driveway for Lot 4 were to be paved. The Commission discussed the paved driveway for Lot 4, and since this area is relatively flat and the driveway will be located over 50 feet away from the BVW, a trench will not be necessary. Ms. Gonyer then asked that Mr. Lynch outline the proposed lawn areas on the plans of record for all three lots. Mr. Healey asked about the operation and maintenance of the force sewer main and if installing a septic system for each lot was considered. Mr. Lynch said there would be a homeowner's association or agreement for Lots 4 and 5. Mr. Lynch said because of the high ground water, septic systems would not be feasible. Robert Mattice, 288 Branch Street, said the roadway was repaved 5 -7 years ago with a crown to avoid flooding in the roadway. He asked if the crown would be re- established if the roadway is to be disturbed. Mr. Lynch said there are stubs off the road for Lots 1 and 2 and there are no plans to break into the roadway. He said gas is already on installed in the roadway. Mr. Mattice asked how the construction of the houses would affect the water flow off the property. Ms. Gonyer said the Commission would condition Lots 3, 4 and 5 that all roof runoff be directed into dry wells so water is recharging on site. Mr. Mattice was told that Conservation has no jurisdiction for Lots 1 and 2 and he should direct all questions regarding these two lots to Richard Alves, Town Engineer. Mr. Marcheselli made the motion to issue an Order of Conditions for 271 Branch Street, Lot 3, Map 34, Parcel 101, DEP SE 211 -0945, for a single - family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland, 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. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8. 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; 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 and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and /or any hardscape features must be reviewed by the Commission. If, after their 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. Two permanent metal or plastic signs, location to be determined in field by Agent, will be 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; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Mr. Marcheselli made the motion to issue an Order of Conditions for 271 Branch Street, Lot 4, Map 34, Parcel 101, DEP SE 211 -0946, for a single - family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland, 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. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8. 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; 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 and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and /or any hardscape features must be reviewed by the Commission. If, after their 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. Two permanent metal or plastic signs, location to be determined in field by Agent, will be 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; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Mr. Marcheselli made the motion to issue an Order of Conditions for 271 Branch Street, Lot 5, Map 34, Parcel 101, DEP SE 211 -0947, for a single - family home with associated utilities, including sewer pump chamber and force main to existing sewer in Branch Street within 100 feet of a Bordering Vegetated Wetland, 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. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8. 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; 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 and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and /or any hardscape features must be reviewed by the Commission. If, after their 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. Two permanent metal or plastic signs, location to be determined in field by Agent, will be 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; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:55 pm. 6. Correspondence: 7. New Business: Donation of Land, Map 32, Parcel 12: Owner Gerald Bedard would like to donate a 7.4 -acre parcel off Ware Street; although this parcel of land is land locked, it abuts the school properties on East Street to the north, south and west and Natural Resources Trust property to the east. Ms. Gonyer said this would be a good parcel to acquire because the land could be used for a trail system or nature walk. She said if the Commission chooses to accept the donation and if the land is ever to be used for hiking or walking trails, Mr. Bedard would like to erect a small plaque in memory of his mother and father, who were both WWII veterans and lifelong residents of Mansfield. Mr. Marcheselli made the motion to accept the donation of the 7.4 -acre of land off Ware Street, Map 32, Parcel 12, for Conservation uses. Mr. Smith seconded the motion. Ms. Gonyer will present this parcel along with a 2.4 -acre parcel at 625 South Main Street (accepted August 18, 2014) and a 29 -acre parcel (Map 3, Parcel 19, accepted in 2014) off Wayside Drive for approval by the Selectmen. Discussion ended at 8:00 pm. 8. Old Business: Fee Schedule: At the June meeting the Commission reviewed the proposed revisions to the By -law and Variance Fee Schedule. Ms. Gonyer revised the draft schedules but would like to review the revisions with a full Commission. Variance Application Approval: Ms. Gonyer finalized the Variance Application, to be reviewed at the next meeting with a full Commission. The fee schedule and variance fee schedule will be continued to the next hearing, August 17, 2015, to vote with a full board. Approval of June minutes: Mr. Rieth motioned to approve the June 15, 2015 minutes. Mr. Smith seconded. Motion passed 3 -0 -1 (Mr. Marcheselli abstained). The edited May 18, 2015 minutes were resigned. DCR Cutting Plan: The area to be cut is located at 177 Old Elm Street. The cutting is scheduled to begin August 1, 2015. Ms. Gonyer contacted Philip Benjamin, (Benjamin Forestry Services, Inc.) the plan preparer. Mr. Benjamin explained that the cutting is to be done under the Massachusetts Forest Cutting Practices Act and must adhere to certain standards for wetland and stream crossings. A comprehensive general permit detailing all of the performance standards for the protection of resource areas and how the area will be regenerated is available. Ms. Gonyer has asked for an update once the cutting is completed. She said the land was previously harvested in 1990. 9. Adjournment: Motion to adjourn at 8:10 pm: (Rieth /Marcheselli) Passed Next meeting will be August 17, 2015 at 7:00 pm. fi Ax-AitK 5 vl �A4� Michael Healey, Chairman gy Date