HomeMy WebLinkAbout10192015_201511240953Town of Mansfield
Conservation Agenda
October 19, 2015
Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; Jack Smith; David Hobaica; Katelyn Gonyer,
Conservation and Environmental Planner.
1. Meeting called to order at 7:00 pm.
2. Request for Certificate of Compliance: Daniel Baublis, 20 Jason Lane, Map 33, Parcel 79. DEP SE 211 -0898
Homeowner Mary Baublis was present.
Ms. Gonyer explained this request for a Certificate of Compliance was the result of an Enforcement Order being issued in
2012 because gravel had been placed within a detention basin which was ruled to be a resource area. A Notice of Intent
was filed to remove the gravel and re -seed the area. Ms. Gonyer said the gravel has been removed and the area has been
aerated and re- seeded but no germination has occurred.
Ms. Gonyer recommended a partial Certificate of Compliance be issued, with a full Certificate to be issued in spring 2016
once the area is stabilized.
Mr. Marcheselli made the motion to issue a partial Certificate of Compliance for Daniel Baublis, 20 Jason Lane, Map 33,
Parcel 79, DEP SE 211 -0898, for the removal of gravel and re- seeding. Once stabilized with seed, a full Certificate can be
issued. Mr. Rieth seconded the motion. Motion passed 4 -0 -1
Hearing ended at 7:10 pm.
3. Request for Certificate of Compliance: Douglas L. Titus, II, for Lots 1 & 2 East Street, DEP SE 211 -129
Ms. Gonyer said the original Certificate of Compliance was issued but never recorded for this property so there is an
encumbrance on the deed.
Mr. Rieth made the motion to re -issue the Certificate of Compliance for Douglas L. Titus for Lots 1 & 2 East Street, DEP SE
211 -129. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:11 pm.
4. Extension Permit for Orders of Conditions: Perry DiMascio, Williams Street, Forest Height, DEP SE 211 -0822
Ms. Gonyer explained the Order of Conditions was issued in 2008 for a 5 -lot subdivision off Williams Street for the
stormwater management system only. Due to the Massachusetts Permit Extension Act, she said the Order is set to expire at
the end of October 2015 and recommended the Order be extended for one year to October 23, 2016. Once the project is
completed, Mr. DiMascio will apply for a Certificate of Compliance.
Mr. Marcheselli made the motion to extend the Order of Condition for Perry DiMascio, Williams Street, Forest Heights, DEP
SE 211 -0822, for one year, to expire October 23, 2016. Mr. Hobaica seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:14 pm.
5. Request for Determination of Applicability: Robert Meeks, Appaloosa Realty Trust, 15 Buckskin Drive, Map 6, Parcel 54.
Robert Meeks was present.
Ms. Gonyer said this application is for a paved driveway entrance to a proposed single - family house lot that will be within
jurisdiction of the Conservation Commission. The wetland resource area is located on the existing single - family house lot. A
silt fence will be established as shown on the plan.
Mr. Marcheselli made the motion to issued a Negative Determination for Reason #3 to Appaloosa Realty Trust, 15 Buckskin
Drive, Map 6, Parcel 54, for a proposed driveway, grading, landscaping and utilities for a single - family dwelling within 100
feet of Bordering Vegetated Wetlands, work will not alter Resource Area with the following Special Condition: The Agent is
to inspect the erosion control, as proposed on the plan, prior to the start of work. Plan "Sewage Disposal System Lot 3 15
Buckskin Drive, dated September 15, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Mr. Smith seconded the
motion. Motion passed 5 -0 -0
Hearing ended at 7:22 pm.
6. Notice of Intent: Michael O'Brien, 39 Lantern Lane, Map 15, Parcel 146. DEP SE 211 -0949
This application is for the construction of a 16'x24' addition with a full foundation, a 23x24' garage on a slab and a 12'x24'
deck on a single- family dwelling within 100 feet of Bordering Vegetated Wetland associated with Hodges Brook.
Ms. Gonyer said there is a paved basketball court located within the 25 -foot No Disturb Zone of this property and on the
adjacent property owned by the Mansfield Conservation Commission. She noted the house and basketball court were
constructed in the early 1980s.
Ms. Gonyer spoke with Ralph Maloon of RIM Engineering Co., Inc. and the Applicant regarding the basketball court and
recommended that the basketball court be removed and the area re- seeded; removal of the court will compensate for the
amount of impervious from the addition and garage. She suggested a low growing conservation seed mix be planted. An
existing chain link fence along the basketball court will remain in place because the removal of the fence would create
additional disturbance to the area. Siltation control is proposed around the court.
Homeowner Michael O'Brien said the basketball court and fence were already in place when he purchased the house in
1998. He said he would like to leave the fence to keep the yard enclosed. He said once the basketball court is removed, he
would like to seed the area and allow the area to naturally vegetate.
Mr. Rieth made the motion to issue an Order of Conditions to Michael O'Brien, 39 Lantern Lane, Map 15, Parcel 146, for the
construction of an addition, garage and deck within 100 feet of a Bordering Vegetated Wetland and the 200 -foot Riverfront
of Hodges Brook, DEP SE 211 -0949, 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 slakes every 10 feel on center or
equivalent. In addition to the sill 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. No
synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 13. Both erosion
control lines must be inspected by Agent prior to work; 14. Remove basketball court per site plan notes; 15. Seed area and
allow the area to naturalize. Plan "Proposed House Addition Plan Hse. No. 39 Lantern Lane in Mansfield, MA ", dated
September 18, 2016, prepared by RIM Engineering Co., Inc. Mr. Marcheself seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:37 pm
7. Notice of Intent: Jeffrey S. & Lexie J, Christian, 55 Old Elm Street, Map 10, Parcel 20. DEP SE 211 -0950
Ralph Maloon, RIM Engineering Co., Inc., and property owners Jeffrey and Lexie Christian, were present.
Ms. Gonyer explained this property came before the Commission in September 2015 under a Request for Determination of
Applicability (RDA) for minor work on the property associated with a barn, indoor and outdoor horse arena, petting zoo,
parking and corrals, riding trails. This filing is for the entrance to the property where there is an existing culvert that is in
disrepair. The hydrologic connection is not longer established between the two wetland systems, causing flooding on the
left side of the culvert. Ms. Gonyer said for the September RDA filing, RIM located the original wetland flags which were
delineated by PARE Corporation from a previous filing, but she did not agree with some of the flag locations and asked that
they be relocated. At that time a revised plan was not submitted showing the new locations because once the Notice of
Intent was filed for the repair of the drainage pipe crossing, a new plan would be submitted showing the approved wetland
flag locations. Ms. Gonyer suggested low plantings, such as low bush blueberry, be planted along the edge of the driveway
to prevent silt from entering the culvert.
Ms. Gonyer said Richard Alves, Town Engineer, has reviewed the culvert design and the drainage calculations report filed
with the Notice of Intent. He submitted his comments in a memorandum dated October 14, 2015.
Jeffrey Christian noted that the edge of the culvert outlets onto the abutting property, causing this area to flood. Ms.
Gonyer said some of the work for the culvert will be done on the abutter's property but both of the properties will benefit
from the repair.
Lexie Christian said because of the current condition of the culvert, the work needs to be done now while the area is dry; if
the work on the culvert is postponed until next spring the area would be very wet.
Mr. Hobaica asked about getting permission from the abutter to essentially work on their land. Ms. Gonyer said the Order of
Conditions would not be issued until written permission has been received.
Mr. Marcheselli made the motion to an Order of Conditions to Jeffrey S. & Lexie J. Christian, 55 Old Elm Street, Map 10,
Parcel 20, for the repair of an existing drainage pipe crossing at the driveway within 100 feet of Bordering Vegetated
Wetland and bank of an intermittent stream under DEP SE 211 -0950 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. 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. Al 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 lo, 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 (2) permanent metal or plastic signs, location to be
determined by the 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; 14. The Order shall not be issued until all the
comments of Rick Alves, Town Engineer, are addressed; 15. The Order shall not be issued until permission to work on the
abutting property has been submitted; 16. Additional plantings near the culvert along the roadway to be determined by
Agent. "Plan of Proposed Pipe Crossing Repair at No. 55 Old Elm Street in Mansfield MA ", dated September 25, 2015,
prepared by RIM Engineering Co., Inc. Mr. Rieth seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 8:00 pm.
8. Correspondence:
9. New Business:
Signage: At the September meeting the Commission reviewed a sign used by the Norton Conservation Commission for
residential properties within close proximity of resource areas. Ms. Gonyer feels these smaller signs are more appropriated
for residential, single - family properties than the 18 "x12" metal signs on posts currently being used. She said if the
Commission approves the use of these 4 -inch signs, to be placed on trees, a specific nail would have to be used to prevent
any damage to the trees. She said 250 signs at $1.60 per sign and the nails can be purchased from the budget. She said
using the smaller signs would allow for more signs to be placed and the design would be more consistent.
Ms. Gonyer said the larger signs would still be required for industrial and commercial properties.
The Commission discussed charging a fee for the signs (Norton gives the signs free to residents). Ms. Gonyer said she will
update the signage FAQ sheet and the Boilerplate Special Conditions for the November meeting. She said the Commission
can decide if any fees should be charged for signs and nails.
Discuss Agent's maternity leave: Ms. Gonyer will attend the November meeting, not the December meeting. She will work
remotely. A consultant will be contracted to attend meeting during her maternity leave.
10. Old Business:
Complaint of Forestry cutting: Mr. Healey met with Philip Benjamin, Licensed Forester, at the forestry cutting site on Old Elm
Street as the result of a complaint. Mr. Healey walked the site with the Mr. Benjamin and found that the logging was being
conducted within the applicable performance standards under the state Best Management Practices. He observed no
violations.
September 21, 2015 minutes: Mr. Rieth made the motion to accept the September 21, 2015 minutes. Mr. Smith seconded.
Motion passed 3 -0 -2.
11. Adjournment:
Motion to adjourn at 8:20 pm (Marcheself /Smith) Passed.
Next meeting will be November 16, 2015 at 7:00 pm
Michael Healey, Chairman Date
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