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HomeMy WebLinkAboutCONSERVATION 08172015_201509221204Town of Mansfield Conservation Minutes August 17, 2015 Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; David Hobaica; Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting opened at 7:10 pm. 2. Re -issue Certificate of Compliance for Bay Brook Village [40B] DEP SE 211 -679, 134/140 Branch Street, Lot 19, 45 Jake's Way. A resident's attorney has requested that the signature page for the 1998 Certificate of Compliance be re- issued so a property transfer can be completed. The original signature page was lost and never recorded. A Conservation Restriction was placed on Lots 7, 9, 11, and 19. After a review of the file, Ms. Gonyer recommended a complete Certificate of Compliance, to include Lot 19, be issued. Mr. Turnbull made the motion to re -issue a full Certificate of Compliance for Bay Brook Village [40B] DEP SE 211 -679, 134/140 Branch Street, Lot 19, 45 Jake's Way with the following on -going condition: 116. Conservation Restriction is to be noted; recorded under Book 14834, Page 312. Mr. Hobaica seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:14 pm. 3. Request for a Certificate of Compliance: Tim Power, Mansfield Commercial Investments, LLC, 321 A & B School Street, Map 12, Lot 2. DEP SE 211 -0860 Tim Power, Land Strategies LLC, representing Mansfield Commercial Investments LLC, was present. The Order of Conditions was issued in November 2010 for the demolition of two single - family homes and the construction of two retail buildings, parking and associated stormwater management. An amendment to the Order was approved in July 2013 for a minor change in the building footprint. Ms. Gonyer said everything on site appears to be within the approved locations. The detention basin to the south appears to be healthy and well maintained, the side slopes are stabilized and the siltation controls are still in place. Ms. Gonyer recommended a full Certificate of Compliance be issued with the terms of the Operations and Management Plan under the approved Stormwater Management Plan as an on -going condition. Mr. Turnbull made the motion to issue a complete Certificate of Compliance to Tim Power, Mansfield Commercial Investments LLC, 321 A & B School Street, Map 12, Lot 2, DEP SE 211 -0860, with the on -going condition that the Applicant must adhere to the Operations and Management Plan under the approved Stormwater Management Plan (per Condition #13). All relevant reports must continue to be submitted to the Commission as noted. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:15 pm. 4. Request for Determination of Applicability: Communications Construction Group. 115 Plymouth Street. The application has been withdrawn by the contractor for this project. Mr. Turnbull made the motion to accept the withdrawal of the RDA for Communications Construction Group, 115 Plymouth Street. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0 Hearing ended at 7:16 pm. 5. Request for Determination of Applicability: Live and Learn Ventures LLC, 43 High Street, Map 21, Parcel 139. Rich Riccio, field Engineering Co., Inc., representing Chris and Kyle Pernoch, Trustees of Live and Learn LLC, was present. Page I I This application is for the conversion of St John's Episcopal Church, located at the corner of High street and Rumford Avenue, to three residential units. Mr. Riccio explained minor alterations, to include the installation of two parking spaces and a small deck for a new entrance into one of the proposed units, will occur within the 200 -foot Riverfront Area (Outer Riparian Zone 100 -200 ft.) to the Rumford River. He said the existing handicapped ramp on the side of the building will be removed and the area will be restored with landscaping; a portion of the concrete sidewalk in this area will also be removed. He said the proposed work will be on a lawned area and some previously impervious areas will be removed. There are no wetlands on site and the work will not have a significant impact on the resource area. Mr. Riccio noted a Stormwater Management Plan has been submitted with the RDA and the Town Engineer, Richard Alves, has reviewed the plan and is satisfied with the calculations. Mr. Riccio said the plan will go before the Planning Board on August 26, 2015 for a Special Permit under the Adaptive Re -Use of Historic Structures. Mr. Healey asked if there would be a recharge area for the roof drains. Mr. Riccio said the existing roof drains currently dump onto the ground, but a recharge system will be placed in the front yard with the overflow going into the roadway drainage system. An abandoned cesspool on site will be retro- fitted and tied into additional roof drains to provide additional recharge. Mr. Riccio said there is silt control proposed at the limit of work to protect adjacent properties. Ms. Gonyer recommended a Negative Determination for reason #3, work will not alter a Resource Area, to be issued once a memo regarding the site plan review has been received from Richard Alves, Town Engineer. Mr. Turnbull made the motion to issue a Negative Determination for reason #3, work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act, therefore, said work does not require the filing of a Notice of Intent, to Live and Learn Ventures, LLC, 43 High Street, Map 21, Parcel 139, with the following conditions: the Agent is to inspect the erosion control prior to the start of work and on the completion of work; all comments by Mr. Alves regarding Stormwater shall be satisfied prior to the issuance of the Determination. [Memo received August 26, 2015] Plan, "Proposed Site Improvements, 43 High Street ", dated July 27, 2015, prepared by Field Engineers Co., Inc. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:21 pm 6. Notice of Intent: Joseph Lynch, Branch Street Solar Partners, LLC, 251 -271 Branch Street, Map 34, Parcels 100, 101, 102 (Branch Street Development Partners, LLC). DEP SE 211 -0948 This application is for the installation of a solar panel field with associated site improvements such as landscape buffering, fencing and a small parking area abutting Mansfield's walking trail. Attorney Edward Valanzola, representing Dan Russell and Joseph Lynch, Branch Street Development Partners LLC, said the project has already gone before the Board of Selectmen Lighting Commissioners for approval for a power purchasing agreement; the Board of Selectmen voted favorably to enter into the power purchasing agreement. He said the site is zoned for industrial use and a by- right development. He noted there are portions of the site under conditions of the Activities Use Limitation (AUL). James DeVellis, DeVellis Zrein Inc., said the installation of the solar panels will be within 100 feet of Bordering Vegetated Wetlands. He said the wetland line was delineated and approved in May 2015 under an GRAD. The Notice of Intent includes Stormwater Standards and Drainage criteria as well as a copy of the site plan and information on the solar panel units and installation. He said the majority of the project is outside Conservation jurisdiction. No work is proposed in the 25 -to 50 -foot Buffer Zone. Mr. DeVellis explained the project site is approximately 22 acres, located and accessed at the former Compo Chemical site on Branch Street. He said all existing buildings have been demolished and the site cleared and cleaned. He said most of the existing pavement throughout the site will be left in place; the pavement in these areas will not be removed under conditions of the Activities Use Limitation placed on the site because there is still a certain level of contaminant on site. The contaminant is not a hazard if it remains undisturbed. He said there is no need to remove the pavement because the solar panels will be placed on gravel. Mr. DeVellis said the pavement within a proposed 30 -foot buffer area along the perimeter of the property will be removed and the area graded, loamed and seeded and planted with indigenous plantings to provided screening for neighboring properties. Pavement located in the northwest corner of the propertywill be removed to provide a 5 -car graveled parking area with fencing for people using the walking trail. A new access road on Branch Street will be established to the left of the existing entrance, which will Page 12 no long be used. A new black vinyl chain link fence will be replacing the existing fence around the perimeter of the trail side and Branch Street side of the property and a galvanized chain link fence will be added around the solar field. A new chain link fence will be placed at the 25 -foot No Disturb line and the area between the 25- and SO -foot Buffer Zone. Mr. DeVellis noted the solar panels sit low to the ground and will be mounted on ballasts with concrete footings Mr. DeVellis said larger trees will be removed from the 2S -to 50 -foot Buffer Zone but all existing ground cover and shrubs will remain, but trimmed at 15 feet to allow for full sun on the solar panels. Mr. Hobaica asked about the 1.7 acre upland area to the south of the site between the walking trail and the wetlands. Mr. DeVellis said this area will be preserved, with the existing vegetation maintained for the duration of the solar project. Mr. DeVellis gave a description of the existing and proposed stormwater management systems for the project. He said there will be no increase in the impervious areas; there will be an additional 500 square feet of landscaping. Ms. Gonyer said the area between the 50- and 100 -foot Buffer Zone will be cleared but selective trimming will be done in the 25- and 50 -foot Buffer Zone and, because it appears to be a vegetation management activity that will be done in perpetuity in order to prevent shading on the panels, she asked that a Vegetation Management Plan be included as an on -going condition, to be attached to the Order of Conditions and referenced in the Certificate of Compliance. Mr. DeVellis said the Vegetation Management Plan will be added to the Operations & Maintenance Plan. She also asked that information on the solar panel units and the installation be submitted. Mr. DeVellis said this information has been provided on page 53 of the Notice of Intent filing. Ms. Gonyer said a memo dated August 17, 2015 from Richard Alves, Town Engineer, states the Site Plan drawings appear to be acceptable, as stated in their report, no increase in runoff. Jonathan Abe, a solar consultant with Blacksmith Solar, discussed the on -site maintenance. He said the site is visually inspected four times each year and annually the site is weeded and the modules are cleaned and maintained. Mr. Abe said the solar panels are monitored remotely for performance. He noted the design life of the equipment is 25 -40 years. Mr. Robert Mattice, 288 Branch Street, asked about the area to the right of the new entrance and if additional trees would be planted in this area. Mr. DeVellis said the existing trees in the area between Branch Street and the 30 -foot buffer would remain and, if necessary, additional trees would be added to provide a visual screen. Mr. Mattice asked if there would be a maintenance building or shed on the site. Mr. DeVellis said there will be no structures or storage of materials on site. Mr. Mattice inquired about the fighting for the site. Mr. DeVellis said the lighting will remain the same. Mr. Robert Camp, 14 Lincoln Road, said his questions regarding drainage on the site had been answered during the presentation but asked if the solar panels would tilt to the west or the south. Mr. DeVellis said the panels will be tilted to the south. Mr. Camp asked if the trees along the bike path would be removed. Mr. DeVellis said the existing trees will not be removed and, if necessary, additional trees will be added. Ms. Gonyer said this is why a Vegetation Management Plan is important and once a contractor is hired, she would like to meet on site with the contractor to tag the trees to be removed before the work starts. Mr. Turnbull made the motion to issue an Order of Conditions to Joseph Lynch, Branch Street Solar Partners, LLC, 251 -271 Branch Street, Map 34, Parcels 100, 101, 102 (Branch Street Development Partners, LLC), DEP SE 211 -0948, 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. 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 Page 13 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 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. 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; 13. All the terms and conditions set forth in the Stormwater Management Plan for 251/271 Branch Street Solar prepared by James DeVellis, DeVellis Zrein, Inc., submitted on July 27, 2015 are to be included with this Order of Conditions. All on -going Operations & Maintenance and Vegetation Management Plan activities are to be recorded as noted. All reports and checklist are to be submitted to the Commission as noted; 14. Trees to be selectively removed are to be tagged prior to clearing and a separate vegetation management plan for ongoing trimming activities shall be submitted to the Agent. Plan "Notice of Intent: Branch Street Solar', dated July 27, 2015, prepared by James J. DeVellis, DeVellis Zrein, Inc. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 8:24 pm 7. New Business MACC Dues: Mr. Turnbull made the motion to allocated $690.00 from the Wetland Protection Act (WPRA) Account to pay the MACC dues for July 1, 2015 -June 30, 2016. Mr. Hobaica seconded the motion. Motion passed 5 -0 -0. Site Conditions at 888 South Main Street: David Lennon, 90 Maple Street, Norton, MA, a fishing guide and kayak instructor on the Norton Reservoir and Co -Chair of the Norton Waterbodies Committee, said he was concerned the access area that LL Bean is using for portage of kayaks and paddleboards seems to be eroding away. He said the area is littered with bottles and trash, large rocks have been removed from the bottom of the river and stacked on the bank and tree roots have been exposed. He said the bank needs to be maintained, maybe by adding gravel, to keep this from having a negative impact on the area. He was also concerned that trees were being cut along the bank and left in the water. To fix the violations on the property in 2013, Ms. Gonyer said the owner of the property, Tom Souza, was told to discontinue the widening of the trail (Old South Main Street), remove the brush and tree limbs that had accumulated over time from the clearing of the access road and reseed the bank. She said all the activities were done but the reseeding of the bank; when attempting to seed the bank, because of the tightly packed soil, the re- vegetation did not take. She noted the Commission reviewed the RDA filed in May 2013 by Mr. Souza and a Determination was issued. She said she has not seen an increased rate of sediment being deposited into the water and she did not see any active violations. She explained she would be more concerned if there were larger root systems exposed and there were growth issues with the trees. She said she had discussed the concerns with the Norton Conservation Agent, Jennifer Carlino, who did not have any issues. Ms. Gonyer said rocks cannot be removed from the water without some oversight from the Conservation Commission. Mr. Lennon said he feels something should be done now to stabilize the bank but Ms. Gonyer said she does not want gravel or any additional materials added to the area that would eventually erode into the water. Thomas Souza, the owner of the property, said he has owned the property since 2007 and monitors the area on a daily basis and LL Bean is on site every weekend. He said the tree that fell over the bridge during a winter storm had become a safety hazard and was cut and removed from the water. He said he will watch for any new violations. 8. Old Business: Fee Schedule: Mr. Turnbull made the motion to accept the Conservation Fee Schedule as presented. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0. Page 14 Variance Application approval: The Commission reviewed and discussed the variance application and fee schedule. Mr. Hobaica made the motion to accept the Variance Application and Fee Schedule as presented. Mr. Maxwell seconded the motion. Motion passed 5 -0 -0. Approval of July 2015 minutes: Mr. Marcheselli made the motion to approve the minutes of July 2015. Mr. Healey seconded the motion. Motion passed 2 -0 -3 9. Adjournment: Motion to adjourn at 9:00 pm. (Marcheselli /Maxwell) Motion passed 5 -0. Next meeting will be September 21, 2015 at 7:00 pm. Michael Healey, Chairman Date Page 15