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HomeMy WebLinkAboutCONSERVATION09212015_201510220723Town of Mansfield Conservation Minutes September 21, 2015 Present: Michael Healey; Chairman; James Turnbull, Vice Chairman; Matthew Rieth; Jack Smith; Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting called to order at 7:00 pm. 2. Request for Certificate of Compliance: David Oberlander, 29 Mill Street, Map 35, Parcel 26. DEP SE 211 -0888. Ms. Gonyer explained the Order of Conditions was issued in 2012 for the demolition of a pre- existing, non - conforming house and the construction of a single - family house. The new house was set back farther from the road and is approximately 25 feet from the wetland line located at the back of the house. Three sheds and trash and debris were removed from the wetland area as per the Order. Ms. Gonyer said the house was constructed within the approved footprint and the stone trench, installed along the driveway, has been installed and the yard has been stabilized. She said the only deviation from the Order is the four required "Environmentally Sensitive" signs are smaller than required and were posted on trees, not on metal posts. Ms.Gonyer said she did not have an issue with the signage as installed. Mr. Turnbull suggested the Commission review and adopt new signage guidelines. Ms. Gonyer recommended a full Certificate of Compliance be issued pending the approval of the signs. Mr. Rieth made the motion to issue a full Certificate of Compliance to David Oberlander, 29 Mill Street, Map 35, Parcel 26, DEP SE 211 -0888. Mr. Smith seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:12 pm. 3. Request for Determination of Applicability: Robert and Janice Nelson, 251 Franklin Street, Map 40, Parcel 162. Ms. Gonyer said this filing is for the replacement of an existing three - season room and deck with an addition on a full foundation and new deck within 100 feet of Bordering Vegetated Wetlands (BVW), the Canoe River ACEC and Whiteville Pond. She said the area where the work will be done is relatively flat and is existing lawn and deck. The yard then slopes to a thin strip BVW along a pond. She noted that putting in a full foundation will require a lot of disturbance so a tight limit of work should be established. Ms. Gonyer said as part of this filing, the Applicant is proposing to remove seven (7) trees and suggested that small deciduous saplings, such as Red Maple, be planted within the 25- to 50 -foot buffer. The trees to be removed should be flush cut. Homeowner Robert Nelson explained the trees to be removed, four on the left side of the house and three on the pond side of the property are within 20 -25 feet of the proposed addition and are being removed for safety reasons. He said he has been actively re- planting trees in the back yard, and if required, will plant additional trees. Mr. Nelson said the footprint of the addition is actually smaller than the existing three - season room and deck so there will be no expansion toward the pond. Mr. Rieth made the motion to issue a Negative Determination for reason #3, work will not alter Resource Area, for Robert and Janice Nelson, 251 Franklin Street, Map 40, Parcel 162, for the removal of an existing three - season room and deck, and replacement with an addition and deck within 100 feet of Bordering Vegetated Wetlands, Whiteville Pond and the Canoe River ACEC with the following Special Conditions: The Agent is to inspect the erosion control prior to the start of work; the contractor is to stabilize any disturbed areas immediately after completing the work; all runoff generated by the addition roof shall be directed to drywells or stone trenches; trees are to be flush cut. Mr. Turnbull seconded the motion. Motion passed 4 -0 -0. (Plan: Proposed House Addition at Hse. No. 251 Franklin Street, dated August 18, 2015, prepared by RIM Engineering Co., Inc. Hearing ended at 7:25 pm. 4. Request for Determination of Applicability: Dick Early, Early Contractors, Plymouth Street, Mr. Early explained this application is for the installation of Comcast services along Plymouth Street where a 12" trench will be opened within the road layout of an existing utility easement on the northeast side of Plymouth Street. He said the trench will be opened, the 4" conduit installed, and the trench closed on the same day. A portion of the trench will be within the driveway of a wetland crossing which leads to 111 Plymouth Street. Mr. Early said mulch socks are proposed and all disturbed areas will be restored. Mr. Gonyer asked if the work would be within the roadway at 111 Plymouth Street. Mr. Early said they plan to stay within the shoulder of the road. Ms. Gonyer recommended erosion controls, mulch socks, be established along the areas close to the wetlands and, because the town will be doing work on Plymouth Street immediately after this work is completed, the erosion control will not be removed. Mr. Rieth made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, to Communications Construction Group, 115 Plymouth Street with the following Special Conditions: The Agent is to inspect the erosion control prior to the start of work; the Contractor is to stabilize any disturbed areas immediately after closing the trench. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. (Plan: Comcast Mansfield — Plymouth Street, dated August 5, 2015, prepared by Precision Valley Communications) Ms. Gonyer noted a limit of work along the driveway at 111 Plymouth Street from a previous permit under DEP SE 211- 0862 needs to be removed to prevent degraded hay from entering the resource area. She will contact the owners to discuss the removal of the limit of work and the cleaning of the side slopes of the crossing. 5. Request for Determination of Applicability: Christopher Phillips, 6 Deer Path Circle, Map 34, Parcel 314. Ms. Gonyer said this application was filed for the installation of an in- ground swimming pool within 100 feet of a Bordering Vegetated Wetland. A previous filing was done for work performed at this property because of wetlands on the property. After conducting a site visit with Shaun Burke, Director, Planning & Development, Ms. Gonyer determined this is actually a slormwaler trench with no hydric soils or vegetation, retaining water only after a rain storm. She said the application has been withdrawn because the potential resource area is non - jurisdictional. Mr. Turnbull made the motion to withdraw the Request for Determination of Applicability for Christopher Phillips, 6 Deer Path Circle, Map 34, Parcel 314 for the installation of an in- ground swimming pool. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Mr. Healey arrived. 6. Request for Determination of Applicability: Eagle Scout Project — Benjamin Mochi, Troop 17, 510 East Street, Map 31, Parcel 37. Ms. Gonyer said this application is for the clearing and maintenance of a 5 -foot wide kayak/canoe access path to Mill Pond within 100 feet of a Bordering Vegetated Wetland and Inland Bank. She said the pond is under the care of the Conservation Commission but the Mansfield Department of Public Works and the Mansfield Fish and Game buildings are also on the property. She said she received an e-mail from the Mansfield Fish and Game Association in support of the project. Mr. Mochi presented pictures of the area and said he will be clearing a 5 -foot wide natural path with the edge of the path demarcated with timber ties. He said all work will be done by hand and no large trees will be removed, only low shrubs. Mr. Mochi said the work will be done in October 2015. Ms. Gonyer said this access path would be used by the members of the Mansfield Fish and Game and not for public use. She asked about the future maintenance of the path. Mr. Mochi said the Mansfield Fish and Game will maintain the path. Mr. Rieth made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, for Benjamin Mochi, 510 East Street, Map 31, Parcel 37, to clear and maintain a 5 -foot wide kayak/canoe access path to Mill Pond within 100 feet of Bordering Vegetated Wetland and Inland Bank with the following Special Conditions: The trail is to be demarcated by a physical barrier (wood ties) and the Applicant shall contact the Agent once the trail has been established. Mr. Healey seconded the motion. Motion passed 5 -0 -0. (Plan: "Mansfield GIS Viewer Access Ramp MFGA ") Hearing ended at 7:45 pm. 7. Discussion: Eagle Scout Project, Joe Cavanaugh, Life Scout and Senior Patrol Leader of Troop 17 Mr. Cavanaugh explained he is proposing to clear a nature trail to connect the Mansfield Public Library/Council on Aging to Memorial Park to provide a safe access way for senior citizens and parents of young children, giving people the chance to enjoy this town property that is currently difficult to access. Mr. Cavanaugh said he has discussed the project with Sherd Gurnon (Park and Recreation), Mark Cook (DPW) and Ms. Gonyer and Mr. Healey (Conservation). He said the work will start in the spring of 2016 and will lake approximately 6 -8 weeks to complete. He said the work will be done by family members, friends and fellow scouts. Mr. Cavanaugh will submit an application. Ms. Gonyer said this is a great project but the main concern is the potential for flooding and the site should be re- visited in the spring. She said the some of the wetland areas have been delineated. Discussion ended at 7:50 pm. 8. Request for Determination of Applicability: Nick Anifantis, 1148 East Street, Map 42, Parcel 30. Ms. Gonyer said this application is for the construction of a 14'x26' square foot deck with an additional five (5) footings within 100 feet of a Bordering Vegetated Wetland and an Intermittent Stream. Ms. Gonyer said because the deck expansion is over 200 feet, the project could not be reviewed under an Administrative Review. She suggested a limit of work be established with erosion control to prevent any runoff from the installation of the footings and, as a Special Condition, the area be re- vegetated. Mr. Turnbull asked if the proposed siltation control was necessary. After a discussion, it was decided erosion controls were not needed. Mr. Healey asked if machinery would be used to dig the footings. Mr. Anifantis said the footings would be dug by hand. Mr. Turnbull made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, for Nick Anifantis, 1148 East Street, Map 42, Parcel 30, for the expansion of an existing deck within 100 feel of a Bordering Vegetated Welland and an Intermittent Stream. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. (Plan: `Repair" Sewage Disposal System 1148 East Street, dated January 20, 2003 and a sketch by homeowner, received August 26, 2015) Hearing ended at 7:55 pm. 9. Request for Determination of Applicability: Jeffrey & Lexie Christian, 55 Old Elm Street, Map 10, Parcel 20 Ms. Gonyer explained this project involves the construction of a barn, indoor horse riding arena, petting zoo and recreation area. She said the property was previously developed and most of the new work proposed is outside the wetland buffer zone. She said the lot is approximately 18.6 acres with a Perennial Stream to the northeast, a Bordering Vegetated Wetland to the southwest, and two non - jurisdictional Isolated Wetlands located in the center of the property. Ms. Gonyer said the wetlands were delineated by PARE Corporation under the previous owner, but they did not provide any field information documenting soil characteristics. Under this new filing RIM Engineering Co., Inc. located the flags in the field and the flags are shown on the plan. After walking a portion of the wetland line, Ms. Gonyer asked that the line to the south be moved, putting some of the proposed work within the buffer zone. Because the work will be done in phases, she said she does not have a problem with the approximate line at this time but it should be noted on the plan that the wetland line is approximate and, if any type of work is proposed closer to the resource areas, the wetland line would have to be re- evaluated and approved as the delineated line She said there is a failed crossing at the entrance to the property which will be replaced under a Notice of Intent filing. Erosion controls are proposed on the plan. Mr. Turnbulll asked if the use of the land is designated agricultural. Owner Lexi Christian said they are in the process of turning this property into recreational agricultural use. She said approximately 4.4 acres or 23% of the land will be used. Mr. Turnbull made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, for Jeffrey & Lexie Christian, 55 Old Elm Street, Map 10, Parcel 20, with the following Special Conditions: All wetland lines are approximate; wetland line to be re- evaluated when the Notice of Intent is filed for the repair of the drainage crossing; Agent shall inspect and approve siltation control along the limit of work as shown on the plan dated September 17, 2015; additional siltation control to be determined on site in a pre - construction site visit with Agent. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. (Plan: "Conceptual Site Plan in Mansfield, MA, Sheets 1 & 2, dated August 25, 2015 and revised September 17, 2015, prepared by RIM Engineering Co., Inc.) Hearing ended at 8:10 pm 10. William Diorio, 245 Winter Street, Map 40, Parcel 187 Ms. Gonyer said this application was filed by the homeowner to level the back left corner of the lot. The lot slopes towards a Bordering Vegetated Wetland. Mr. Diorio proposes to bring in top soil to raise the grade approximately 6 " -18" over a 200 square -foot area and then will re -seed the area. After the grading of the back portion of the lawn is complete, Mr. Diorio said he will install a chain link fence but asked that approval for footings be included with this filing. Mr. Diorio said the fence will not be installed until the spring of 2016 or 2017 because work is proposed on Maple and Winter Streets and, as a result of this work, he might have to install a new driveway. Ms. Gonyer said erosion control should be installed before the fill and grading is done and should remain in place until the area is stabilized. Mr. Turnbull made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, for William Diorio, 245 Winter Street, Map 40, Parcel 187 for the proposed re- grading of a portion of rear lawn and installation of a fence within 100 feel of Bordering Vegetated Wetlands with the following Special Conditions: The limit of work is to be inspected prior to the start of work; all disturbed areas are to be re- established as soon as possible; no trees or natural vegetation is to be removed. Mr. Smith seconded the motion. Motion passed 5 -0 -0. (Plan: "Mansfield GIS ", dated August 27, 2015) Hearing ended at 8:20 pm. 11. Correspondence: 12. New Business: Path at Plymouth Street: Natural Resources Trust has requested permission to clear and maintain an approximate 34 wide path (200 -300 linear feet) from the existing pathway (sewer easement) to the entrance at the Plymouth Street Recreation Field. The proposed path has been flagged and no large trees would be cleared. Work will be within jurisdiction because of the drainage swale but no filing is necessary because the work will be considered maintenance on an existing trail. Discussion regarding the guidelines for the "Environmentally Sensitive" signage for residential and commercial projects will be put on the next agenda. 13. Old Business: Martha's Way: Land under Conservation Restriction — Ms. Gonyer said an Order of Conditions was issued in 2013 to William McDermitt for the paving of a previously permitted crossing at 18 Martha's Way. At that time, Mr. McDermitt proposed to donate 7.5 acres of land to the Natural Resources Trust (NRT); the agreement to transfer the land to NRT is no longer being considered. Now that Mr. McDermitt is selling the property, Ms. Gonyer said a Conservation Restriction should be placed on the 7.5 acres. Since the land transfer to NRT was not part of the terms of the Order of Conditions, an amendment to the Order will not be necessary. Approval of August 17, 2015 minutes: Maxwell/Turnbull — Motion passed 4 -0 -1 14. Adjournment: Motion to adjourn at 8:46 pm. Turnbull /Rieth Motion passed. Next meeting will be October 19, 2015 �hk:� I, ��u�,� C_ ac, /0—)l —/S— Michael Healey, Chairmah Date 4