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HomeMy WebLinkAboutCONSERVATION 08182014Town of Mansfield Conservation August 18, 2014 Minutes Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; Joseph Mulkern; Jack Smith; Carole Matthew; Katelyn Merrill, Conservation and Environmental Planner. 1. The meeting was called to order at 7:03 pm. 2. Request for Certificate of Compliance: Steven A. & Marybeth Olsen, 16 Kybren Circle, Map 15, Parcel 283. DEP SE #211 -0908. The Notice of Intent was filed in August 2013 for the installation of in- ground pool with associated patio and fencing within 100 feet of Bordering Vegetated Wetlands (BVW) and the Order of Conditions was issued on October 23, 2013. An Enforcement Order (EO) was issued April 4, 2014 because the applicant flush cut eight (8) trees within the 25 -foot No Disturb Zone, outside the limit of work and within a protected resource area without approval. Ms. Merrill said the Applicant has satisfied the EO; the saplings (Red Maples) and the shrubs (low bush blueberry) are established and thriving. She said the three permanent "Environmentally Sensitive Area" signs have been installed in the approved visible locations and the only deviation from the plan was the relocation of the proposed fence around the landscaped areas not just the pool. This will limit any activity within the protected resource area. Mr. Healey noted the plan shows the fence has been installed over the right property line. Mr. Turnbull made the motion to issue a Certificate of Compliance to Steven A. & Marybeth Olsen, 16 Kybren Circle, Map 15, Parcel 283, DEP SE #211 -0908. Mr. Smith seconded the motion. Motion passed 6 -0 -0. 3. Request for Determination of Applicability: Mark Medeiros, 860 School Street, Map 6, Parcel 112. The Request for Determination of Applicability (RDA) was filed for the septic upgrade with grading to a single - family home and the relocation of an existing shed. Ralph Maloon, RIM Engineering Co., Inc., was present. He said the new system will be a pump chamber and the new soil absorption system (SAS) will be located on the left side of the house, approximately 55 feet from the resource area. Ms. Merrill said it is a necessary upgrade and she does not have an issue with the project; the work area is on a pre- existing lawn and the shed will be re- located to the lawn area, approximately five feet from the new system. Ms. Merrill recommended a Negative Determination for reason #3 be issued with the special condition that the limit of work is to be inspected by the Agent prior to the commencement of work. Mr. Marcheselli made the motion to issue a Negative Determination for reason #3 to Mark Medeiros, 860 School Street, Map 6, Parcel 112 for the upgrade of a septic system and grading and the re- location of an existing shed, "Sewage Disposal Plan for Upgrade to #860 School Street in Mansfield, MA ", dated July 3, 2014, prepared by RIM Engineering Co., Inc., with the following condition that the limit of work is to be inspected by the Agent prior to the commencement of work. Mr. Mulkern seconded the motion. Motion passed 6 -0 -0. 4. Abbreviated Notice of Resource Area Delineation: Helen Silva, 68 Williams Street, Map 6, Parcel 43. DEP SE 211.0925 Ralph Maloon, RIM Engineering Co., Inc., explained there are two areas of Isolated Land Subject to Flooding (ILSF) in the northern portion of the property, 1,319 and 355 square feet. Mr. Maloon said these depressions were likely the result of excavation for percolation testing. Combined these areas are under the 5,000 square feet jurisdictional requirement of the By -Law. The Bordering Vegetated Wetland is associated with an existing seasonal stream. The property is located on a scenic road, requiring a 75 -foot setback. Mr. Mulkern noted the front of this property is very wet most of the time. Ms. Merrill said she has never observed the property in a saturated condition. Ms. Merrill reviewed the two areas of proposed delineation on the plan. She believes there is more Isolated Land Subject to Flooding to the north of the property but these areas are not hydrologically connected. She said these areas are obviously pockets and do not have hydric soils. Each area is under the 5,000 square feet and not within conservation jurisdiction. A second line of Bordering Vegetated Wetland (BVW) associated with a seasonal stream was delineated in the back of the property. Ms. Merrill had some concerns with some of the wetland flags and she reviewed the line with John Chartier from RIM Engineering. After reviewing the areas of concern, five flags were relocated, connecting flag 12 to 17 and removing flags 13 to 16, as shown on the plan revised August 5, 2014. Ms. Matthew asked Ms. Merrill to clarify the non - jurisdictional isolated wetland. Ms. Merrill said from what she has observed, these areas are too small to be considered wetlands under the By -Law and the state does not consider ILSF as a resource area. Ms. Merrill said if Mr. Mulkern is concerned about the volume of water on the property and thinks the BVW extends further than is shown on the plan, the hearing should be continued for further investigation, to get more elevations for Williams Street and the Buckskin subdivision, to see if the back Isolated Land Subject to Flooding is connected and if the entire property is continuously flooded. She said the property can be observed after a rain event and test pits done. Mr. Smith made the motion to continue the Abbreviated Notice of Resource Area Delineation for Helen Silva, 68 Williams Street, Map 6, Parcel 43, DEP SE 211 -0925, to September 15,2014. Mr. Mulkern seconded the motion. Motion passed 6 -0 -0. Hearing ended at 7:44 pm. 5. After- the -Fact Notice of Intent: Mark Brintnall, 300 Ware Street, Map 33, Parcel 1. DEP SE #211 -0926 The After - the -Fact Notice of Intent was filed for an addition to an existing barn within 100 feet of Bordering Vegetated Wetlands and an ACEC, the Canoe River Aquifer. Christopher Charette, Charette Land Surveying, said Mr. Brintnall built a 48'x20' addition to the existing barn without a building permit. The building permit triggered a conservation review and Mr. Brintnall was told to file a Notice of Intent. Mr. Charette said he was contacted in June 2014 and Walter Hewitson, a Botanist, was hired to delineate the two wetland lines, one to the north of the barn and one to the south along the property line where there is an intermittent stream. Mr. Charette said the addition is 32 feet from wetland flag #4 and 37 feet from wetland flag A6. The yard is very flat on the southerly side of the property and the lawn goes up to the wetland line. He said when Mr. Brintnall built the addition he moved material into the 25 -foot buffer, resulting in a grade change. Mr. Charette said the scrap pile placed between wetland flags 5, 6, and 7 will be pulled back and outside the 25 -foot No Touch Zone and the area brought back to its natural state and the slope will be recreated. All areas disturbed by the construction of the addition will be loamed and seeded. Silt fence has been placed on the wetland lines. Ms. Merrill said with work so close to a resource area it was evident that a filing should have been done before any work started; this is a large addition. She explained this is a very degraded site not only from the addition but from 2 excessive storage with in the 25 -foot No Touch Zone. She said this is an opportunity to reclaim the 0 -25 -foot with plantings and she will work with the Applicant to put together a planting scheme of native plants. She suggested a living wall or a split rail fence as a barrier to show the boundary of the 25 -foot area. Mr. Brintnall said a lot of the land had been disturbed before he purchased the property. Nancy LeClair, 298 Ware Street, was concerned about the wetlands, the intermittent stream and the buffers that runs in back of both properties. She also said there is a lot of debris on Mr. Brintnall's property. Ms. Merrill said the Applicant will be doing some restorative plantings, grades will be returned to natural grades on the northwestern side of the property. Mr. Brintnall has already removed some of the debris, lumber, tents, an old shed and car parts from the 25' No Disturb Zone and a special condition can be added to the Order of Conditions prohibiting any work or storage in the 25' buffer. Mr. Healey asked that signage be placed at the 25' buffer. Ms. Merrill noted most of the backyard is within the 25' buffer zone and would require more than signage and suggested a buffer strip be reestablished with native shrubs and trees and a conservation seed mix for ground cover. She said there is little to no top soil on the property and she is concerned that the plantings and seed mix will not thrive. She will do another site visit with Mr. Brintnall and Mr. Charette to discuss the concentration of native plant species. Mr. Turnbull made the motion to issue an Order of Conditions to Mark Brintnall, 300 Ware Street, Map 33, Parcel 1, DEP SE #211 -0926, for an addition to an existing barn with the following special conditions: 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; All work must conform to the plans referenced in this Order; All mitigation and erosion control devices and measures (hay bales, waddles, siltation fences, etc.) shall be installed, per plan, prior to any construction, clearing, or excavation. The applicant shall notify the Commission's agent when any such devices or measures are installed so that a site visit can be made prior to the commencement of work; 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 in the field; The applicant shall ensure that all erosion control devices or measures shall remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization can be achieved by a variety of techniques including, but not limited to, sodding, seeding, or mulching. If seeding is used, stabilization shall be considered achieved once a complete vegetative cover is reached. Seeded areas shall be covered with hay or other suitable protective cover to allow the seed time to take hold; 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; The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; The applicant shall retain the Order of Conditions and all plans on site during the construction; these shall be made available to all contractors; Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 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; Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. If, after 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; Three permanent metal or plastic signs will be placed on the 25ft. No Disturb line, 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; No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; The replication area plantings shall be 75% successful within the first two growing seasons. If that is not the case then recommendations for additional plantings shall be proposed to the Mansfield Conservation Commission; The Applicant is to remove all debris, lumber, and car parts from the 25' No Disturb Zone. The Applicant shall discontinue using anywhere in the 25' NDZ for storage; A buffer strip of native plantings and conservation seed mix shall be installed within the 25' NDZ. The Applicant /Representative must contact the Agent for approval of a planting schedule. A list and concentrations of native plantings can be provided by the Agent; Agent must be notified when the plantings have been installed for an initial inspection; A physical barrier demarcating 25' will be established on site. Applicant shall meet with agent on site to determine barrier design; plan "Site Plan — 300 Ware Street dated July 22, 2014, prepared by Charette Land Surveying. Mr. Marcheselli seconded the motion. Motion passed 6 -0 -0. Hearing ended at 8:11 pm. 6. Notice of Intent: Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187. DEP SE #211.0922 Construction of an in- ground pool with concrete apron, proposed grading and fencing. Ralph Maloon, RIM Engineering Co., Inc., was present Ms. Merrill said the project has been on the agenda since May for the installation of an in- ground pool and patio within 100 feet of Bordering Vegetated Wetlands (BVW) and within 100 feet Bordering Land Subject to Flooding (BLSF). The wetlands were re- delineated due to the observation of standing water and the project has been redesigned because of the new delineation. The BLSF is located along the rear portion of the lawn with the BVW behind the existing fence. The proposed grading associated with the pool is exempt under Section 2.2(4) of the By- Law because it is associated with an existing single- family home. The proposed patio pavers will be located in the 100 -foot buffer within a 25' No Touch Zone of the BLSF. Mr. Mulkern was concerned about the existing fence which has been installed within the wetland area. Ms. Merrill said the pre- existing, non - conforming fence squares off the property in the back and was probably installed when the house was built in 2002. The house was built without a conservation filing. Ms. Matthew reminded the Commission of a previous filing where the applicant was required to remove pavers from the 25 -foot No Touch Zone and cautioned the Commission that they need to be consistent when deciding if the proposed permeable pavers are to be allowed. Ms. Merrill said the Commission will have to decide if the pavers would be allowed in this area under the By -Law. She said this is BLSF, it is not BVW. Michael Hinchey, Guerrini Landscaping, has been working with the applicant on this project. He said the plan shows four feet of pavers on the back side of the pool and the pavers could be removed and the grading associated with bring the grade up to the elevation of the pool could be dropped and have the rear wall of the pool. Mr. Healey said this board does not have the authority to tell them they cannot use this area because of the statute of limitations but the board can condition the proposed changes including the pool, patio pavers and the associated grading. Mr. Hinchey said the existing fence would be replaced to bring the fence to code for a pool but the fence posts would remain in place. Ms. Merrill stated that the work on the fence is not included in the application but the renovated fence would require work within the wetlands. The fence is permitted under Section 2.2(4) of the By -law. She said there are too many changes and a revised plan will need to be submitted to make sure the changes work with the setbacks and grading. The revised plan should indicate the proposed fence will be modified to code. Mr. Mulkern made the motion to continue the hearing for Lawrence Gracer, 6 Sawmill Court, Map 37, Parcel 187, DEP SE 6211 -0922, to September 15, 2014. Ms. Matthew seconded the motion. Motion passed 6 -0 -0. Hearing ended at 8:22 pm. 7. Notice of Intent: Robert Welch, Airport Manager — Mansfield Municipal Airport Commission, 265 Fruit Street, Map 34 & 36, Parcels 34 -115; 34 -415; 36 -11; 36 -148; 36.15; 36 -16; 36 -150; 34 -130; and Rail Trail Right -of -Way. DEP SE #211.0923 Tree cutting associated with Vegetation Management Plan within Bordering Vegetated Wetlands and the 200 -foot Riverfront Area of Back Bay Brook. Ms. Merrill reviewed the project which is under peer review and said the hearing was continued from the July meeting to allow the consultants, Mason & Associates, time to review the project and submit their findings. She met with Mason & Associates, GZA GeoEnvironmental, Inc. and Gale Associates on July 31, 2014 to review their preliminary findings. A memo dated July 31, 2104 outlines their proposed revisions to the plans. GZA GeoEnviron mental, Inc. and Gale Associates have reviewed the findings and all agree the changes should be addressed. On August 7, 2014, a conference call was conducted with GZA, Gale and Mason & Associates to discuss the project. The main points discussed were the need for more information regarding "selective trimming', the invasive species management and hydrology. She said a construction protocol should be submitted details. Ms. Matthew asked about the potential vernal pools on site. Ms. Merrill said under the By -Law, any potential pools identified by Natural Heritage are considered certified until proven otherwise. The applicant will have to show all potential or certified vernal pools, the 100 -foot No Touch Zone on this site and honor it. Aaron Gallagher of 30 Tracy Circle commented on regulations of the Army Carp of Engineers under Massachusetts Environmental Policy Act (MEPA) considering they would be "disturbing" more than 5,000 square feet of wetland. Ms. Merrill said the Airport NOI filing states they are not disturbing ground, they are removing vegetation. Mr. Gallagher believes the Airport needs to replant the disturbed areas and Ms. Merrill agreed that the resource areas should retain their function as a wetland. Ms. Merrill said this project will need follow -up and monitoring after the work is completed. Mr. Turnbull made the motion to continue the hearing for Mansfield Municipal Airport Commission, 265 Fruit Street, DEP SE #211 -0923, to September 15, 2014. Mr. Marcheselli seconded the motion. Motion passed 6 -0.0. Hearing ended at 9:02 pm. 8. Request for Certificate of Compliance: Paul & Patricia Fuller, 8 Kell Lane, Map 40, Parcel 313. DEP SE #211- 564 Request to continue. Ms. Merrill explained the Order of Conditions was issued in 1997 for the construction of a house, driveway and septic system within the 100 -foot Buffer Zone of a Bordering Vegetated Wetland and a Partial Certificate of Compliance was issued in 1998, showing all the work was in compliance with the approved plan except for stabilization of the lawn. The Order has since expired and a full Certificate of Compliance was never requested. In May, the owner was in the process of selling the property and a full Certificate of Compliance was requested to complete the land transfer but was not issued prior to the closing of the property. After conducting a site inspection, Ms. Merrill noticed that a substantial portion of the lawn in the northeast corner had been graded and converted to lawn, work not shown on the approved plan as part of the project. She contacted the new owners and discussed the conservation issues with them; the 25 -foot No Touch Zone of the wetland is not to be trimmed, cleared or used for dumping lawn clippings. She asked that they be present at the hearing. The new owners were unable to attend the July meeting and were not present at this meeting. Ms. Merrill recommended that the hearing be continued again and if no one attends the next meeting, the Commission should consider issuing an Enforcement Order or issuing the Certificate of Compliance with conditions. Mr. Mulkern made the motion to continue the request for a Certificate of Compliance for 8 Kell Lane, Map 40, Parcel 313, DEP SE #211 -564, to September 15, 2014. Mr. Turnbull seconded the motion. Motion passed 6 -0 -0. Hearing ended at 9:05 pm 9. Correspondence: 10. New Business: Discussion of a boilerplate special conditions regarding pool discharge methods: Ms. Merrill asked if the Commission wanted to be specific with the requirements of above- and in- ground swimming pool filtration systems, either a cartridge system or the backwash is directed into a stormwater system, to limit the direct discharge into wetland areas. An applicant using a different filtration method to deal with backwash would have to show and get approval of the filtration method from the Commission. Ms. Merrill said this requirement, if approved, would become a boilerplate special condition. The draft wording is as follows: All new in- ground or above - ground pools shall use a cartridge filtration system or an approved filtration system where all pool backwash is directed into a stormwater system. At no point shall pool backwash be directly discharged into a wetland resources area. Proposed donations of land to the town: 625 South Main Street: Ms. Merrill said this 2.4 acre parcel has 57,600 square feet of wetland, 48,700 upland and abuts conservation land on three sides. Ms. Merrill said if the Commission does not want to accept the donation, NRT is interested. To accept the donation of 625 South Main Street land: Matthew, yes; Smith, yes; Mulkern, yes; Healey, yes; Turnbull, yes; Marcheselli, yes. Parcel off Old Farm Road — Parcel T: This is a 29.07 acre parcel of land of wetland, upland, vernal pools and is a NHESP Habitat, with 90 feet of frontage on Old Farm Road. Ms. Merrill said this parcel does not abut conservation land but suggested the Commission accept the donation to prevent any development in the future when regulations might have changed, allowing the land to be built on. To accept the donation of Parcel T off Old Farm Road: Matthew, yes; Smith, yes; Mulkern, yes; Healey, yes; Turnbull, yes; Marcheselli, yes. 11. Old Business: 12. Adjournment: Adjourned at 9:22 pm (Turnbull / Mulkern) The next meeting will be September 15, 2014 at 7:00 pm. D )- s' 0 4b,'_ q -i F_ y Michael Healey, Chairman ' Date