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HomeMy WebLinkAboutCONSERVATION11162015_201601130941Town of Mansfield Conservation Minutes November 16, 2015 Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner. 1. Meeting opened at 7:10 pm. 2. Request for Certificate of Compliance: Christopher Colby 68 Williams Street, Map 6, Parcel 43. DEP SE 211 -0188. Request for Certificate of Compliance: Christopher Colby 68 Williams Street, Map 6, Parcel 43. DEP SE 211 -0192. Request for Certificate of Compliance: Christopher Colby 68 Williams Street, Map 6, Parcel 43. DEP SE 211 -0260. Ms.Gonyer said these three Orders of Conditions were issued in 1986 -1988 to Richard Silva for 68 Williams Street. No work was ever started but the Orders were actually recorded against the deed and have now expired. She recommended a full Certificate of Compliance be issued for each file. Mr. Marcheselli made the motion to issue a full Certificate of Compliance to Christopher Colby 68 Williams Street, Map 6, Parcel 43, under DEP SE 211 -0188, DEP SE 211 -0192, and DEP SE 211 -0260. Mr. Rieth seconded the motion. Motion passed 4- 0-0. Hearing ended at 7:13 pm. 3. Request for Certificate of Compliance: Christopher Colby 68 Williams Street, Map 6, Parcel 43. DEP SE 211 -0940 Ms. Gonyer said this Order of Conditions was issued in May 2015 for a single- family dwelling within 100 feet of a Bordering Vegetated Wetland. Part of the Order was to maintain the limit of work, the extent of the lawn, and a planted berm was to be located behind the dwelling at the edge of the lawn. The house is located within the approved location and the berm is in place with the plantings. The lawn has been seeded but is not entirely established and the signs have not been installed; Mr. Colby was advised to wait until the Commission had finalized the new signage protocol. The siltation control is still in place. Mr. Colby has requested a partial Certificate of Compliance because of a property transfer. Ms. Gonyer recommended a Partial Certificate of Compliance be issued to Christopher Colby. The full Certificate will be issued when the lawn has been established and stabilized in the spring and the signs have been installed. Mr. Maxwell made the motion to issue a partial Certificate of Compliance to Christopher Colby 68 Williams Street, Map 6, Parcel 43, DEP SE 211 -0940, a full Certificate to be issued when the lawn has been established and stabilized in the spring and the signs have been installed. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:15 pm. 4. Request for Certificate of Compliance: William McDermott, 18 Martha's Way, Map 3, Parcel 295. DEP SE 211 -0914. Ms. Gonyer explained the Order of Conditions (DOC) was issued in 2014 for the paving of a previously approved limited project crossing; the Applicant was to pave the driveway crossing, clean debris out of the culvert to re- establish the hydrologic connection. At this time the Applicant is not ready for a full Certificate of Compliance (COC) because not all the Conditions have been met. She said a portion of the land was to be donated to Natural Resources Trust (NRT) but the transfer of the land was never done, so the land has become part of a Conservation Restriction. Ms. Gonyer said the Commission had discussed the use of a split rail fence to demarcate the edge of the culvert. Mr. McDermott wanted to updated the Commission on the status of the site and discuss the use of a different form of demarcation for the culvert edge other than a split rail fence because he believes the crossing is too narrow (10 feet wide opposed to the approved 12 feet) to install footings for fence posts. Mr. McDermott suggested planting arborvitae every 8 -10 feet with two (2) metal posts on each side of the culvert to attach the environmentally sensitive signage. He said the driveway will be paved next week and the signs have been ordered. Ms. Gonyer suggested the hearing be continued to the December meeting so the paving and signage can be done and a full Certificate issued. Mr. Marcheselli made the motion to continue the hearing for William McDermott, 18 Martha's Way, Map 3, Parcel 295, DEP SE 211 -0914, to December 14, 2015. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. Ms. Gonyer will note the changes in the plans for the file. Hearing ended at 7:45 pm. 5. Request for Certificate of Compliance: Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187. DEP SE 211 -0922. Ms. Gonyer said this Order of Conditions was issued August 2014 for an in- ground pool with associated apron within 100 feet of a Bordering Vegetated Wetland (BVW). A smaller in- ground pool was designed to be outside of the 25 -foot No Disturb Zone and has been constructed within the approved location. She said the required signage has been installed and all disturbed areas have been stabilized except for a small patch of grass located between the pool area and the BVW. She said the erosion controls are still in place. Ms. Gonyer said the small patch of un- established lawn area should be re- seeded and she recommended a full Certificate of Compliance be issued. Mr. Marcheselli made the motion to issue a full Certificate of Compliance to Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187, DEP SE 211 -0922, with the small patch of unestablished lawn to be reseeded. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:28 pm. 6. Request for Certificate of Compliance: Perry DiMascio, Williams Street, Map 5, Parcel 22. DEP SE 211 -0822. Ms. Gonyer explained this Order of Condition was issued in November 2012 for stormwater management system components associated with the five (5) lot subdivision, Forest Heights; all the house envelopes were outside jurisdiction. Some of the stormwater structures were located within 100 feet of Bordering Vegetated Wetland associated with Robinson Pond and the work was conducted within an access and utility easement. All areas have been stabilized. An As Built plan ( "As Built Conservation Plan for Forest Heights" dated October 23, 2015, prepared by RIM Engineering Co., Inc.) with a letter from the engineer was submitted showing the inverts and correct elevations. Ms. Gonyer recommended a full Certificate of Compliance be issued. Mr. Marcheselli made the motion to issue a Certificate of Compliance for Perry DiMascio, Williams Street, Map 5, Parcel 22, DEP SE 211 -0822. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:30 pm. 7. Notice of Intent: Lee Azinheira, Town of Mansfield Sewer Dept., 175 Fruit Street, Map 36, Parcel 16. DEP SE 211 -0953 Magdalena Lofstedt and Dan Golielmi, CDM Smith, Inc., representing the Mansfield, Foxboro, Norton Regional Wastewater District, were present. Mr. Golielmi explained the purpose of the project is to permanently cap and close the Fruit Street Residuals Landfill, consisting of three landfill areas (Cell1, 11A and 111). Mr. Golielmi reviewed the process by which the landfill would be capped. Ms. Lofstedt talked about the resource areas on site and the impacts that will occur with the proposed work. She said the alterations to the 200 -foot Riverfront Area (Back Bay Brook) will be approximately 440 square feet. Approximately 20,000 square feet of temporary impacts will occur from the closure and capping of the landfill. Ms. Lofstedt said the proposed work complies with the performance standards for re- development of previously disturbed Riverfront Area and the Stormwater Management. Ms. Gonyer reviewed this project with Richard Alves, Town Engineer. He does not have any issues with the Stormwater Management Plan as submitted by the Applicant. She recommended an Order of Conditions be issued for the capping for the landfill at 175 Fruit Street. Mr. Marcheselli made the motion to issue an Order of Conditions to Lee Azinheira, Town of Mansfield Sewer Dept., 175 Fruit Street, Map 36, Parcel 16, DEP SE 211 -0953, to install a final landfill cap at the Fruit Street Landfill within the 200 -foot Riverfront Area and the 100 -foot buffer zone, 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. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 7. 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; 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 some 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. All the terms and conditions set forth in the Stormwater Management Plan for Fruit Street Landfill Cap and Closure Project, prepared by CDM Smith, submitted on October 26, 2015 are to be included with this Order of Conditions. All on -going O &M plan activities are to be recorded as noted. All reports and checklist are to be submitted to the Commission as noted; 13. After inspection, all existing catch basins onsite shall be retrofitted with hoods, if necessary. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Plan: "MFN Regional Wastewater District, Pine Street Infiltration Basins and Fruit Street Landfill Cap and Closure" Sheet No. LF -1 Existing Conditions Plan Fruit Street Landfill Sheet No. LF -2 Base Grading Site Plan Fruit Street Landfill Sheet No. LF -3 Final Grading Site Plan Fruit Street Landfill Sheet No. LF -4 Stormwater Separation Plan Fruit Street Landfill Sheet No. LF -5 Cross Sections Fruit Street Landfill Sheet No. LF -6 Details — Fruit Street Landfill Sheet No. M -1 Landfill Leachate Pump Station Demolition Sheet No. M -2 Landfill Leachate Pump Station New Work Hearing ended at 8:00 pm. 3 8. Notice of Intent: Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47. DEP SE 211 -0952 Mr. Homam Sengaba was present. Ms. Gonyer explained this project is to raze the existing house (not shown on the site plan) and construct new single - family dwelling which will be located closer to the street; the Applicant received a Variance from the Zoning Board of Appeals to reduce the front setback lines. Most of the work for the construction of the proposed house will be between the 50 -100 foot buffer zone, however, a portion of the lawn, a paver patio, drywells, foundation, decks and walkways will be within a previously established lawn area. An existing shed will be removed and a new shed will be built on the left side of the property. Ms. Gonyer was concerned about the 5' mulch bed up to the 25 -foot No Disturb Zone and the proposed fencing along the wetland line. Mr. Sengaba said the fence is not on the wetland line, it is on the property line. Ms. Gonyer said this is a degraded site, parts of which are already developed. She said there will be some selective tree clearing; anything smaller than 10 -12' in diameter will be removed along with some pine trees. Mr. Sengaba offered to plant a tree line at the back of the property. He said the mulch bed is the area where the selective clearing will take place, to provide a buffer zone between the wetland and lawn area. Mr. Healey walked the site and review photographs of 8 Jewell and 140 Williams Street. He said this is a very degraded site and there has been a lot of filling and tree cutting with stumps and logs left on the property as well as construction debris. He noted the Habitat area has been significantly impacted. He said there is a stormwater outfall which does not appear to discharge a lot of stormwater but he was concerned about the surface hydrology by the redevelopment of the property and wanted to be sure it maintains it functionality so the house and street do not flooded and there will be no adverse impacts to the resource areas. Mr. Sengaba said the neighbors were also concerned about the drain which runs along the side of the property, but it is out of the developed area and will not affect the wetlands by any new runoff. Mr. Sengaba said drywells are proposed for the foundation and gutter system and he will do additional drainage if necessary. He noted the owner of the property used 140 Williams Street as a junkyard with 8 Jewell Street as his residence. He said the owner of the abutting property installed a drainage system from the corner of the lot, discharging water into the drainage system on the property at 8 Jewell Street. Ms. Gonyer said it appears there is more developing and landscaping then the Applicant has proposed. She said the lawn area is reasonable but everything outside of that area should be left alone and all used cars, trash and debris should be removed prior to construction. She said she would like to see a tree line with a seed mix in the spring for ground cover. Mr. Healey said the existing drainage system should be maintained and additional plantings should be added in the area at the bottom of the slope to prevent the growth of any invasive species. He said the stumps and logs are now part of the environment and should be left alone. Ms. Gonyer proposed that a limit of work be established, the 5 -foot mulch beds on the sides of the property can remain and a tree line similar to 68 Williams Street should be established. Ms. Gonyer said erosion control details should be added to the plan and the size of the drainage structure should be clarified on the plan. She recommended the hearing be continued to the next meeting. Mr. Marcheselli made the motion to continue the hearing of Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47, DEP SE 211- 0952, to the December 14, 2015 meeting. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. Hearing ended at 8:42 pm. 9. Notice of Intent: Hemze Sengaba, 140 Williams Street, Map 6, Parcel 101. DEP SE 211 -0952 Mr. Homam Sengaba was present. Mr. Healey explained this project is to construct a new single - family dwelling with landscaping on a vacant lot within 100 feet of a Bordering Vegetated Wetland. The Applicant received a Variance from the Zoning Board of Appeals to reduce the front yard setback for the proposed house. Most of the work is shown up to the 25 -foot No Disturb Zone (NDZ). There was a lot of trash and debris located on this lot but everything has been removed. The site plan shows a large lawn area with a 10 -foot mulch bed that extends up to the 25 -foot NDZ. The limit of clearing should be limited to a reduced lawn area and a demarcation of the lawn area should be established. No vegetation outside of the lawn area should be removed, but if the Applicant wants to selectively clear some mature pine trees that may be a hazard, the trees to be removed are to be determined in the field and approved by the Agent. Mr. Healey said the Commission will allow Mr. Sengaba to remove the pile of dirt and debris within the 25 -foot No Disturb Zone; removal should be by hand. Ms. Gonyer said the trees previously cut are now being used as habitat and all trees to be cut are to be tagged. She discussed the design of the house and the driveway. She said there should be more detail for the proposed erosion control. Mr. Sengaba said the mulch line is to create a buffer and he will cut some pine trees but will leave any trees over 12" in diameter in this area. He said the left side of the property will not be leveled because of the slope and water. Ms. Gonyer suggested the words "mulch bed" be removed and "selective trimming" be added, the trees to be removed within the 10 -foot buffer are to be tagged and the area should be allowed to grow naturally, keeping saplings and the shrub layer. She said it is very important the trees stumps not be removed. Mr. Healey questioned the notes on the plan regarding the trees and stumps. Ms. Gonyer said she will contact RIM Engineering about the wording. The revised plan should include drywells and patio details. Mr. Sengaba was told any additional work such as a pool or deck would require approval from the Commission. Mr. Marcheselli made the motion to continue the hearing of Hemze Sengaba, 140 Williams Street, Map 6, Parcel 101, DEP SE 211 -0952, to the December 14, 2015 meeting. Mr. Maxwell seconded the motion. Motion passed 4 -0 -0. Hearing ended at 9:18 pm. 10. Correspondence: 11. New Business: 12. Old Business: Discuss new conservation signs: The Commission reviewed and discussed using smaller circular signs for residential properties. Ms. Gonyer said the signs will be ordered along with the appropriate nails in bulk and Applicants can purchase the signs and nails for $5.00 per sign in the Conservation Department. She will finalize the instruction sheet for the signs which will include showing how to properly install the signs without harming the tree. She said she would prefer the signs be placed on pine trees whenever possible. The Commission discussed the wording for the signs. The larger metal signs will still be used for more sensitive projects such as restorations, crossing, etc. Follow up on Conservation Agent Winter Schedule: This will be Ms. Gonyer's last meeting. Magdalena Lofstedt, CDM Smith, Inc. will be filling in while Ms. Gonyer is on maternity leave. Approval of October 19, 2015 minutes: Mr. Marcheselli made the motion to approve the minutes as written. Mr. Rieth seconded the motion. Motion passed 3 -0 -1. 13. Adjournment: Motion to adjourn at 9:32 pm. (Marcheselli / Rieth) Passed. Next meeting will be December 14, 2015 at 7:00 pm PNA„ „ j, 0\14k3- /-//-/ 3- Michael Healey, Chairman' Date 5