HomeMy WebLinkAboutCONSERVATION 04142014Mansfield Conservation
April 14, 2014
Present: Michael Healey, Vice Chairman; Christopher Marcheselli; James Turnbull; Jack Smith; Carole Matthew;
Katelyn Merrill, Environmental Planner.
1. Meeting called to order at 7:03 pm in Meeting Room 3 A /B.
2. Request for Certificate of Compliance: James Hooper, 73 Campbell Street, Map 20, Parcel 96.
DEP SE #211 -0721.
Homeowners James and Stacie Hooper were present. The Order of Conditions was issued in May 2005 for the
construction of a house and a detached garage and associated appurtenances. The house and the slab foundation
for the garage have been constructed in the approved location and the yard has been stabilized. An As Built and
letter from the engineer stating compliance with the Order of Conditions has been submitted. The applicants have
chosen not to finish the garage at this time. Ms. Merrill said If the applicants go forward with the construction of
the garage, the Conservation Department should be contacted for review before any construction begins. Ms.
Merrill recommended a full Certificate of Compliance be issued.
Mr. Turnbull made the motion to issue a Certificate of Compliance to James and Stacy Hooper, 73 Campbell
Street, Map 20, Parcel 96, DEP SE #211 -0721. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
3. Request for Certificate of Compliance: Timothy Bobola, Lot 5, 22 Lincoln Road, "Lincoln Place ".
DEP SE #211 -0900.
Because Mr. Bobola was unable to attend tonight's meeting, Ms. Merrill explained that if the Board had any
questions, the hearing would have to be continued. The Applicant is requesting a partial Certificate of
Compliance for a land transfer.
Ms. Merrill noted the house is outside jurisdiction, approximately 165 feet away from the wetland areas. The only
work approved in the Buffer Zone was the grading and landscaping associated with the construction of the house.
The "Environmentally Sensitive Area -Do Not Disturb" signs, to be placed on wetland flags 1C, 6C and 11C, will be
done in the spring of 2014 as well as the landscaping and stabilization. She recommends a partial Certificate of
Compliance be issued with an on -going condition that the required signs and landscaping be done in the spring. A
full Certificate of Compliance will not be issued until the on -going conditions are satisfied.
Mr. Turnbull made the motion to issue a partial Certificate of Compliance to Timothy Bobola, Lot 5, 22 Lincoln
Road, "Lincoln Place ", DEP SE #211 -0900 with the condition that the yard must be vegetated, landscaped and
stabilized and the required signs installed before the final Certificate of Compliance is issued. Mr. Smith seconded
the motion. Motion passed 5 -0 -0.
4. Request for Determination of Applicability: John DelSignore, 99 York Road, Map 2, Parcel 209.
The Request for Determination of Applicability was filed for the construction of a full foundation for a sunroom
addition as well as 12" sono tube footings for an adjacent deck within 100 feet of Bordering Vegetated Wetlands
(BVW) and within 200 feet of the Wading River. John DelSignore was present.
Ms. Merrill said the erosion controls have already been installed along a reasonable limit of work and within the
existing lawn footprint. The sunroom and deck will be approximately 75 feet away from the BVW and
approximately 120 feet from the Riverfront Area. She said the topography is flat and she does not anticipate any
impacts to the resource areas. All work will stay within the limit of work. She recommended a Negative
Determination for Reason #3 be issued, with the on -going condition that the siltation control is maintained
throughout the duration of the project and the Agent be contacted at the completion of the project for the
removal of the silt sock.
Ms. Matthew suggested there should be a title block added to the plan. Mr. Healey asked about the soils
excavated for the foundation; there should be no storage of fill on site except what is needed for backfilling. Mr.
DelSignore said the soil will be set aside for backfilling, with any excess soil removed off site.
Mr. Turnbull made the motion to issue a Negative Determination for Reason #3, work will not alter an Area
Subject to Protection; a Notice of Intent is not required, for John DelSignore, 99 York Road, Map 2, Parcel 209,
with the special condition that the applicant contact the Conservation Department before removing the silt sock
and provide an additional plan showing the Title Block with relevant information. Mr. Smith seconded the
motion. Motion passed 5 -0 -0.
S. Notice of Intent: Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187. DEP SE #211 -0922
The Notice of Intent was filed for the construction of an in- ground pool with concrete apron, proposed grading
and fencing within 100 feet of Bordering Vegetated Wetlands.
When Ms. Merrill performed a site visit to verify the wetland line, she observed extreme flooding within the
proposed work area. She disagreed with the flags due to the flooding. She contacted the representative and they
asked for more time to re- evaluate the site. She recommended a motion be made to continue the hearing to the
May 19`h meeting.
Mr. Turnbull made the motion to continue the Notice of Intent for Lawrence Gracer, 6 Sawmill Court, Map 37,
Parcel 187, DEP SE #211 -0922, to May 19, 2014. Mr. Smith seconded the motion. Motion passed 5 -0 -0.
6. Abbreviated Notice of Resource Area Delineation: John Walsh, 54 Willow Street, Map 12/27, 28/11, 12, 15,
118, 150. DEP SE #211 -0920.
Ms. Merrill explained this filing was opened and continued at the March meeting to allow more time to review the
delineation with the project biologist.
Lauren Hastings, project biologist from PARE Corporation, representing the applicant, John Walsh, was present.
Ms. Hastings explained the site consists of four parcels to the east and west of Willow Street. There are several
wetlands in the vicinity and on the property. There is a perennial stream that flows in a southerly direction, that
crosses Willow Street and then flows toward Cabot Pond, which is located on the southeast portion of the
property.
Ms. Hastings said Wetland "K" located near the northeast corner of the property consists of two isolated wetlands
that are connected by a small culvert and a culvert beneath Spring Street that flows to the north of the roadway.
Wetland "F" is located within a wooded area to the west of the property between the golf course and Route 140.
Wetland "E" is located in the northwest corner of the parcel. Ms. Hastings said a potential vernal pool has been
identified within the wetland area but no investigation has been done for vernal pool habitat because no work will
be done in this area. Wetland "L" located along the southwestern property boundary borders the stream and
flows in a southerly direction.
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Ms. Hastings said there are a couple of fringes of Bordering Vegetated Wetland along the stream designated as
"B ". "A ", "C" and "D ". She explained there are two non - jurisdictional ponds that have been delineated. The ponds
were excavated to provide irrigation for the golf course. Pond #1, approximately 4,900 square feet and Pond #2,
approximately 1,420 square feet, do not provide any hydric soils or vegetation community of a wetland.
Ms. Matthew noted that if the vernal pool was certified, the 100 -ft. buffer would apply. Ms. Hastings agreed and
said additional investigation would be necessary to determine if it could serve as a vernal pool habitat.
Ms. Matthew asked about the non - jurisdictional areas. Ms. Merrill said on the first site visit she questioned the
areas originally designated as non - jurisdictional but when she returned to the field, Ms. Hastings agreed these
areas were jurisdictional. The plan now reflects the changes from non - jurisdictional proposals to jurisdictional
proposals.
Mr. Turnbull asked why the Riverfront Area along vegetated wetlands "J ", "K" and "P" is not shown on the plan
because it is part of the Rumford River Riparian system. Ms. Merrill said it is not shown on the plan because the
edge of the riverbank is more than 200 feet away.
Ms. Merrill said the two comments from DEP were concerning a historical wetland change and that the flood zone
around Cabot Pond should be shown on the plan. These comments have been addressed with DEP. Ms. Merrill
noted there has been a recorded wetland change that happened off -site that may have been caused by the
dredging of materials from the original excavation of Cabot Pond. She said there is a replicated compensatory
flood storage area off -site for a property on Spring Street but this area does not impact this site. Mr. Healey said
that during a site walk, he observed a cistern on site with a water pipe drawing from the pond. He wanted to
make sure this is acceptable.
Mr. Turnbull asked when the BVW of wetland "E" with the vernal pool on the west side of the site was flagged.
Ms. Merrill said the edge of the wetland was delineated in October.
Mr. Turnbull made the motion to issue the Order of Resource Area Delineation confirming the protected wetland
resource areas as shown on the revised ANRAD plan for 54 Willow Street, dated March 26, 2014, submitted by
Bay Colony Group, Inc., DEP SE #211 -0920. Mr. Smith seconded the motion. Motion passed 5 -0 -0.
7. Correspondence:
8. New Business:
Enforcement Order, Steven Olsen,16 Kybren Circle, issued April 4, 2014: Violation of the Order of Conditions, DEP
SE #211 -0908 — cutting of eight (8) trees outside the limit of work and within 25 feet of a Bordering Vegetated
Wetland without approval. The Applicant was issued the Order of Conditions in October 2013 for the installation
of an in- ground pool and associated appurtenances.
Mr. Olsen said the pine tree along the fence line was damaged from the winter and he did not think he needed to
contact Conservation to remove the trees. Mr. Healey said the Commission has never refused a homeowner
permission to remove a tree from their property for safety reasons.
Ms. Merrill said the tree cutting is a clear violation and the activity could be a potential alteration of habitat,
having more of an impact than the initial project. She noted the tree company should have been aware there
were wetlands in the area. She said replanting is necessary but is concerned because the root systems of the
trees are still intact. She said Red Maple trees would do well in this area and suggested three mature trees with a
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few saplings be planted. Mr. Healey asked Mr. Olsen to hire an arborist or landscaper for recommendations as to
the number and species of trees to be planted.
Mr. Smith made the motion to require Mr. Steven Olsen, 16 Kybren Circle, to plant three (3) trees, 2 -4 inches in
diameter, with five (5) saplings and hire an arborist for the types of trees that would do well in this area. Ms.
Matthew seconded the motion. Motion passed 5 -0 -0.
9. Notice of Intent: Raj Moholtra, Terminus of Wood Avenue, Map 20, Lot 124. DEP SE #211 -0921.
The Notice of Intent was filed for the construction of one self- storage building with associated site improvements,
including parking and pedestrian access, landscaping, lighting, stormwater mitigation and underground utilities
within 100 feet of Bordering Vegetated Wetlands. This project requires wetland filling and replication.
Hearing started at 8:02 pm.
James DeVellis of DeVellis Zrein, Inc., Arthur Allen, Senior Environmental Scientist from EcoTec, Inc., Catherine
Martin, Register Landscape Architect, Fred Armstrong, Vice President of MMAS, the owner of the property,
Edward Tartufo, Real Estate Agent, and Mr. Raj Moholtra, the applicant, were present.
Mr. DeVellis explained Mr. Moholtra plans to build a self- storage building on the property with access off Wood
Avenue and a secondary access road, through easements with abutting properties, to Route 106. The project site
is approximately 7.5 acres, located off Wood Avenue and Creeden Street. The proposed project includes two
wetland crossings with a replication ratio of 2.2.1, which is detailed in the botanist report. The crossings will
provide access to the existing parking area and connect the new driveway to the existing driveway. The three
replication areas will be designed to improve the existing hydrology connections between the wetland systems.
Mr. DeVellis said hay bales are proposed along the wetland areas.
Mr. DeVellis discussed the stormwater management system. The wetland to the left of the building will become
an above - ground stormwater detention basin. There will be catch basins with a piping system, with sumps and
hoods and a forebay inlet. He said the pre- and post - development conditions were compared and DEP's
guidelines have been met with respect to water quality.
Mr. DeVellis said the project does not require any variances or special conditions from the Zoning Board of
Appeals.
The landscaping will consist of plants that are local and are appropriate for wetland areas.
Mr. Arthur Allen discussed the wetland replication areas. He said there are two impact areas in the location of
the driveway to provide access to the parking area and the building. These areas were characterized with test pits
and vegetation descriptions which are noted in the Wetland Impact Assessment and Replication Protocols. He
discussed the replication plantings and said the replication areas will be monitored by a qualified Wetland
Scientist for two years. He noted that if any non - native invasive species are found, the entire plant will be
removed by hand or by cutting and treatment with an herbicide. Mr. Allen said as part of the construction
protocol, they could'do some pre - emptive control on the growth that is already present on site. Ms. Merrill said
she is concerned about the invasive species around the perimeter of the lot and would like to see an aggressive
invasive species plan. Ms. Merrill said if the application receives an Order of Conditions, the restoration areas
need to be monitored to make sure they are functioning. She said there is a great deal of trash in the wetlands
such as old tires and lawn furniture that should be removed.
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Ms. Merrill said this is a substantial project but the use itself is one of the better ideas for the property. She said
she will be working with Richard Alves, the Town Engineer, to review the existing and proposed Stormwater
Management conditions. She noted that a Notice of Intent was filed in 2005 for a proposed restaurant and hotel.
She said there will be a small number of vehicles accessing the site and there is not a lot of parking.
Catherine Martin, a Register Landscape Architect, discussed the proposed landscaping locations and types of
plantings.
Ms. Matthew asked about the planned snow storage by Replication 1. Mr. DeVellis said the parking area is small
so most of the snow will be stored along the edge of the paved areas and will not be placed within the 25 -foot
buffer.
Mr. Marcheselli asked if the soils with invasive species would be taken off site. Mr. Allen said the existing topsoil
will not be reused and will be removed from the property.
Mr. Turnbull asked about site stabilization methods for the two entrances to the property; will it involve any sub-
surface work as well as stabilization? Mr. DeVellis said the stabilization of the entrances involves the removal of
top soil and bringing in 12" of crushed stone. He said he has been working with Ms. Merrill as well as the Planning
Department and several plans for this site were presented. A new survey was done with new flags installed. He
said he has a Department Head meeting April 16th.
Mr. Moholtra said he has been in the storage business since 1996 and he feels this is a good project for the
community and this property.
Stacie Hooper of 73 Campbell Street said the plans were well done and professional. But as an abutter to the
property she is concerned because there is a wetland on her property and the area is a habitat of wildlife. Ms.
Merrill said if the project is approved, there would be stipulations /conditions on the permit and the applicant
would have to follow a schedule for monitoring the project. She told Ms. Hooper the wetland on her property
and the wetlands on the proposed site have no hydrologic connection.
Mr. Turnbull made the motion to continue the hearing for DEP SE #211 -0921 to May 19, 2014. Mr. Smith
seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 8:50 pm.
Ms. Merrill said if Mr. Mulkern and Mr. Maxwell want to participate in this hearing at the May 19, 2014 meeting,
they will have to review the DVD of the meeting and any minutes and notes. They will be required to sign a
statement that they fully understand the project or abstain.
10. Old Business:
Roy Lasher, 148 Ware Street - DEP SE #211 -0917 — Minor Change in Plans: Addition of porch, location change for
septic system. Ms. Merrill said the Notice of Intent was filed in January 2014 to raze an existing building and
construct a new house and sewage system. She said this is a change in the plans, not the scope of work. Part of
the porch will be in the 50 -foot buffer. She said the change is de minimis.
Ms. Matthew made the motion to approve the change in plan for 148 Ware Street. The change is minor in nature.
Mr. Turnbull seconded the motion. Motion passed 5 -0 -0. Plan: Revised February 5, 2014 (House and Septic
System) and March 12, 2014 (Revised to 4 bedroom and porch).
Reorganization of the Commission: Will be done at the May 19, 2014 meeting.
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Approval of February 24, 2014 and March 17, 2014. Mr. Turnbull made the motion to accept the February 24,
2014 minutes as written. Ms. Matthew seconded the motion. Motion passed 5 -0 -0. The minutes for March 17,
2014 were not approved for lack of a quorum.
Ms. Merrill said the Rules and Regulations have been submitted to the Town Clerk and will be posted on the
town's web page.
11. Adjournment:
Motion to adjourn at 9:05 pm. Turnbull /Smith. Passed.
Next meeting will be May 19, 2014 at 7:00 pm.
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Michael Healeyy Chairman Date
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