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HomeMy WebLinkAboutCONSERVATION_03172014Town of Mansfield Conservation Minutes March 17, 2014 Present: Joseph Mulkern, Chairman; Michael Healey, Vice Chairman; Jack Smith; Carole Matthew; Ryan Maxwell; Katelyn Merrill, Environmental Planner. 1. Meeting starts at 7:00 pm in Meeting Room 3 A /B. 2. Reorganization: Postponed to April 14, 2014. 3. Request for Certificate of Compliance: Timothy Bobola, Nitor Development, Inc., 19 Lincoln Road (Lincoln Place "), Map 34, Lot 6. DEP SE 211 -0900. Ms. Merrill explained this request is for a partial release on the Order of Conditions approved May 2013 for Lot 6. She said all work has been satisfactorily completed except for the final grading and landscaping and the installation of the permanent signage; an on -going condition will be included with this partial Certificate for the required permanent "Environmentally Sensitive Area — Do Not Disturb "signs to be installed this spring along with any associated landscaping for stabilization. The house is in the approved location and the silt fence and hay bales are still in place. She said the partial Certificate of Compliance is needed for a land transfer and the encumbrance will still be on the deed; a full Certificate cannot be granted until all on -going conditions have been satisfied. She recommends a partial Certificate of Compliance be issued, with the on -going condition that the required signs be installed this spring along with any associated landscaping for stabilization. Mr. Healey made the motion to issue a partial Certificate of Compliance for 19 Lincoln Road, part of "Lincoln Place ", Map 34, Lot 6, DEP SE 211 -0900. Mr. Smith seconded the motion. Motion passed 5 -0 -0. 4. Request for Determination of Applicability: Andrew Cobb, 8 Shannon Lane, Map 42, Parcel 72. The Request for Determination of Applicability was filed for the replacement of existing footings to construct a three - season sunroom on an existing deck within 100 feet of Bordering Vegetated Wetlands and Estimated and Priority Habitat. Andrew Cobb and Rich Evans of Frank Evans Co. were present. Ms. Merrill explained this filing was triggered when the owner applied for a building permit to convert an existing deck to a three - season room and when the deck footings were inspected, it was discovered the footings would not be sufficient to support the addition. Ms. Merrill said the six (6) footings will be 18" in diameter and will be installed within the existing footprint on a previously developed lawn area. She said this property is within NHESP Estimated and Priority habitat; however the project is exempt under 321 CMR 10.14 (4). Ms. Matthew asked why the project is exempt. Ms. Merrill said this project is exempt as long as the addition does not exceed 50% of the original footprint of the house. She said there will be no increase with the addition of the three- season room. Mr. Healey 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 8 Shannon Lane, Map 42, Parcel 72, to replace the existing footings to construct a three - season sunroom on an existing deck within 100 feet of Bordering Vegetated Wetlands and Estimated and Priority Habitat. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Mr. Mulkern asked that any excess fill not be dumped on the property. Hearing ended at 7:07 pm. 5. Request for Determination of Applicability: Hockomock Area YMCA Mansfield Community Garden Essex Street, Map 37, Parcel 272. The Request for Determination of Applicability was filed for the installation of a fence, shed and greenhouse within 100 feet of a Bordering Vegetated Wetland. All work will occur within a previously developed grassed area within the Community Garden. Kelly O'Neill and Robert Beeton were present Ms. Merrill said she has been working with the YMCA and the town on the updates to this project. The Community Garden would like to install a fence to prevent the deer from entering the garden to enjoy the crop. She said the fence would be installed on posts and lined with mesh between the plot lines. Ms. Merrill said they would also like to add a 10'x12' shed on concrete blocks and a 12'x30' seasonal greenhouse, location to be determined, all within the developed area. She recommended a Negative Determination for Reason #3 be issued. Mr. Healey 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 Hockomock Area YMCA Mansfield Community Garden, Essex Street, Map 37, Parcel 272. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Ms. O'Neill said the fence will be eight (8) feet in height so the deer cannot jump the fence. Hearing ended at 7:15 pm. 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 William Buckley of Bay Colony Group, Inc. was present Ms. Merrill said she walked the site with the project biologist, Lauren Hastings from PARE Corporation, on February 3, 2014. At that time Ms. Hastings was able to give a brief over -view of the delineation. Ms. Merrill returned to the site with Mr. Healey on March 4'h. During both visits, the property was snow covered. She said there are numerous resource areas on this site with different jurisdictions, with several wetland resource areas indicated on the site plan as "non- jurisdictional" and "isolated" wetlands. She has spoken with the project representatives and they have agreed more time is needed in the field with the project biologist to review the delineation. The review should be done in the spring months. Mr. Mulkern asked if this project would require the applicant to hire a third party consultant because of Ms. Merrill's hours. Ms. Merrill said usually an outside consultant is hired because there are impacts to the resource areas. She at this point, the preliminary scope of the project does not purpose any fill or restoration. She feels she can technically handle the work; it is the weather that is limiting the review not her hours. She said hiring a consultant could be a possibility but right now she does not think it is necessary. Mr. Healey made the motion to continue the hearing for the ANRAD for John Walsh, 54 Willow Street, Map 12/27, 28/11, 12, 15, 118, 150, DEP SE 211 -0920, to April 14, 2014. Mr. Smith seconded the motion. Motion passed 5 -0 -0. 7. Notice of Intent: Vanasse Hangen Brustlin, Inc., Firestone Auto Care, 229 & 243 School Street, Map 11, Parcels 3 and 5. DEP SE 211.0919. This hearing for the demolition of two existing homes and construction of an auto care center with parking, associated stormwater management and landscaping within 100 feet of Bordering Vegetated Wetlands was continued at the February meeting. Jason Mikrut Senior Project Engineer of Vanasse Hangen Brustlin, Inc., representing Guggenheim Retail Real Estate Partners, Inc., was present. Ms. Merrill said this project was presented at the February 10" meeting and the Commission had requested more information regarding the Stormwater Management, Hazardous Waste Storage, the addition of an emergency shut off valve for the constructed wetland, snow storage and to address the town engineer's comments. Mr. Mikrut said VHB's responses to the comments were provided in a memo dated March 7, 2014. Comment 1: Provide more information on Hazardous Waste Storage. A Fixture Plan and Notes, PF1, has been provided referencing the location of the shop equipment, including the storage containers for hazardous waste materials. He said all storage tanks are contained within the building and includes used oil filter containers, used oil tank /bench, bulk oil storage tank, used anti- freeze tank, used oil receptor and used tire cart. All hazardous materials will be disposed in accordance with waste handling procedures outlined in the Stormwater Management Report, included with the filing. Comment 2: Consider providing a plug or shut off valve from the outlet control structure from the constructed wetland. Mr. Mikrut said they considered different options to make it easy to maintain and easily accessible in an emergency. An emergency shut off valve has been added to the outlet pipe from the constructed wetland; the valve will have a manual shut off (Detail of the shut -off is provided on sheet C -8, Site Details 2 and the location of the shut -off valve is shown on sheet C -5, Utility Plan). Comment 3: Provide plan showing locations to be used for snow storage. Mr. Mikrut said several locations have been proposed on site, mainly along the west end of the site by the dumpster and the east end of the site adjacent to the catch basin and the open space area. The locations are shown on the Snow Storage Plan dated March 7, 2014. Comment 4: Address comments contained in memo from Engineering Department, dated February 3, 2014. Mr. Mikrut said the comments were technical in nature; more details for the stormwater plan and some of the utilities. He said most of the comments have been satisfied with the exception of the groundwater testing. Comment 16: Test pits logs and locations, with estimated high groundwater. Mr. Mikrut said the test pits will be performed to determine the estimated groundwater elevation in the vicinity of the proposed constructed stormwater pocket wetland and the infiltration basin as required. He said a note has been added to sheet C -4, "Grading and Drainage Plan "; stating prior to construction, test pits are to be performed to determine estimated high groundwater elevation. The Town Engineer is to be notified at least 24 hours prior to performing test pits. Mr. Healey had questions about the requested test pits for the groundwater elevations. He said he was concerned that if the project was approved at tonight's meeting but the water table is shown to be too high, the plans will have to be changed. Ms. Merrill said a Special Condition will be added that the Order will be held until the test pits are performed and the groundwater elevations have been established and any changes to the proposed elevation will be submitted on a site plan and included with the Order. She said the hearing can be closed tonight and if the changes to the plan are de minimis, the Board can review the changes and, if approved, the Order can then be issued with the revised plan referenced in the Order. If the scope of the project is changed, an Amended Order will have to be filed. Mr. Mikrut said he understands the testing is required and appropriate for this kind of system but as designed right now there is significant amount of free board in the system so even in a 100 -year storm there is still almost two (2) feet of free board in the system. Even if the groundwater is found to be much higher than anticipated, there is significant room for a margin of error. He said given what has been seen out there in the existing elevations of the wetland, he would anticipate that the groundwater would not be higher than the existing grade. Ms. Merrill questioned the location of snow storage on the west side of the property because this area abuts the intermittent stream. She asked if the vegetated Swale between the parking lot and School Street could be used for snow storage. Mr. Mikrut said both the Planning Board and Zoning Board of Appeals wanted to provide a significant amount of landscaping for screening in this area; the plan has been updated to provide a shrub row along the front of the parking lot. Ms. Merrill said her concern is that the snow would be pushed toward the intermittent stream. She suggested a tree line be established along the 25 -ft. "No Disturb Zone ", along the side of the intermittent stream. Mr. Mikrut said the snow storage area is outside the 25 -ft. area, approximately 30 feet from the curb to the "No Disturb Area" and the new plantings in the restoration area are beyond that. He said the stream is 50 -55 feet from the edge of the curb. He suggested a fence could be put in this area. Ms. Merrill said she is not concerned about the runoff but with stockpiling the snow and the machinery that would be used in this area. She said she would like to see some type of physical barrier or delineator in this area. Mr. Mikrut said another option would be to expand the snow storage area on the east side of the property. Mr. Healey said a possible solution would be to increase the buffer plantings with more trees. Ms. Merrill agreed. Mr. Healey made the motion to issue an Order of Conditions for Firestone Auto Care, 229 & 243 School Street, Map 11, Parcels 3 and 5, DEP SE 211 -0919, with the following 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 in this Order; 3. 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; 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 in the field; 5. 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; 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 retain the Order of Conditions and all plans on site during the construction; these shall be made available to all contractors; 9. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 30. 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. 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; 12. Eight (8) permanent metal or plastic signs on mental posts (not on trees) to read "Environmentally Sensitive Area -Do Not Disturb" are to be placed on site. Three (3) signs along the 25 -ft. "No Disturb Zone" on the eastern side of the intermittent stream and five (5) signs along the 25 -ft. "No Disturb Zone" of wetland labeled BVW -2 (north of proposed building). Signs shall be no less than 5 feet in 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 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; 15. All debris within southern portion of the wetland area is to be removed by hand in the appropriate season as to not impact the resource area. The Agent is to be notified prior to the removal of debris; 16. The Agent is to be notified prior to the planting of the restorations areas and the construction of the pocket wetland. A pre- construction meeting shall take place with the Agent, a qualified wetland scientist, and the representative to discuss the project construction sequence; 17. A qualified wetland scientist shall oversee the planting of the buffer zone restoration areas (1 & 2) and the construction of the pocket wetland. The supervising wetland scientist will submit a progress report including photographs to the Commission bi- monthly after the planting of buffer zone restoration areas and construction of the pocket wetland has commenced. These reports shall be submitted bi- monthly until the areas have stabilized. Once stabilized, the Agent must be notified to conduct a site visit to verify stabilization; 18. If dewatering is necessary to construct the pocket wetland, the wetland scientist will contact the Agent; 19. If stabilization of the pocket wetland does not occur within the first growing season, the Agent is to be notified of the proper stabilization techniques that are to be implemented to insure no sediment is discharged to the existing wetland; 20. All notes outlined on the plan entitle "Constructed Stormwater Wetland Plan ", dated January 22, 2014, (sheet C -11) are to be included as conditions of this Order of Conditions; 21. The full Certificate of Compliance will not be issued until two growing season have past to review the 75% survival of the buffer zone restoration Area 1 & 2, and 75% area vegetated coverage of proposed constructed pocket wetland; 22. All comments included on the memo from Richard Alves, Jr., Town Engineer, dated February 3, 2014, shall be addressed as part of this Order of Conditions; 23. Test pits will be excavated on site to establish groundwater elevation for proposed constructed pocket wetland. Any changes to the proposed elevation will be submitted on a site plan and included with this Order. The Order is to be held until the test pits are performed and the groundwater elevations have been established; 24. The included Stormwater Report prepared by VHB, Inc. (revised March 7, 2014) is to be included with this Order of Conditions. All associated O &M plan reports and checklists are to be submitted to the Commission as noted. If revisions to this document are made, the final revised date will be included in this Order; 25. Proposed landscaped tree line to be established along the 25 -ft. "No Disturb Zone" on the eastern side of the intermittent stream to prevent snow disposal within the "No Disturb Zone ". Mr. Smith seconded the motion. Motion passed 5 -0 -0. Plans will be referenced in the Order of Conditions. 8. Correspondence: 9. New Business: 1) Proposed Amendment to Section 5 of the Rules and Regulations of the Town of Mansfield Wetland Protection By- Law, Chapter 15, adopted February 24, 2014. Ms. Merrill said Town Counsel has reviewed the amendment to Section 5. The proposed amendment to Section 5 in the Rules and Regulations as previously discussed at the February 24, 2014 hearing is as follows: Lands within 100 ft. of a Vernal Pool or habitat site of a State- listed species are likely to be significant to the protection and maintenance of the By -law wetland values. In accordance with the By -law's fundamental purpose, no project may have a significant adverse impact, either project specific or cumulative on a wetland resource area. Therefore there is a 100 ft. undisturbed buffer zone as required by Section 2.6 of the By -law. The burden of proof is on the applicant to prove that the Vernal Pool or wetland area is not a significant habitat area. The Commission has determined that a physical site evaluation is needed to determine whether the Vernal Pool or wetland area is not a significant habitat area. NHESP may perform such a site evaluation, or the applicant may demonstrate through a wildlife study performed by a qualified consultant approved by the Commission that the Vernal Pool or wetland area is not a significant habitat area as set forth in Section 2.6 of the By -law. The Commission may hire a peer review consultant at the applicant's expense to review the applicant's wildlife study or other information submitted by the applicant. Mr. Healey made the motion to adopt the amendment to Section 5 of the Rules and Regulations of the Town of Mansfield Wetland Protection By -Law, Chapter 15, as presented. Mr. Smith seconded the motion. Motion passed 5 -0 -0. 2) Review memo to follow upon Emergency Certificate (issued 2/21/2014) for the Fire Station, 10 Plymouth Street. Subsurface digging to investigate location of roof drain outlet, repair pipe, re -grade outfall and stabilize. On February 21, 2014, Rick Alves, Town Engineer, responded to a drainage issue at the Mansfield Fire Station at 10 Plymouth Street. The roof drainage system had backed up and all runoff was building up on the flat roof. DPW needed to locate the drain pipe outlet in order to drain off the 6 "of rain on the roof of the station. In order to do that, they needed to dig up the pavement and the slopes that run into the existing BVW onsite; no work was done in the wetland and no siltation to the wetland occurred. An Emergency Certificate was issued to Mr. Alves to complete the work as needed. Ms. Merrill and Mr. Alves went to the site after DPW had located and exposed the pipe. Mr. Alves immediately placed staked hay bales around the disturbed area and the area was stabilized with filter fabric and rip rap. The erosion control line will be maintained until the area is permanently stabilized. Mr. Alves asked that any work such as this be part of maintenance and repair, as allowed under the Town of Mansfield Wetland Protection By -Law, Chapter 15, Section 2.2.2 of the Bylaw which exempts work involving maintenance, repair, or replacement without substantial enlargement of existing structures used to provide public services and existing public ways and associated drainage facilities, provided the Commission is notified prior to the start of work. Ms. Merrill said the exemption allows the Town to do work when necessary or if there is an emergency. She said a file will be kept for any work that qualifies under this exemption and the Commission will be informed of all work. Ms. Merrill will follow up with Mr. Alves once the area permanently stabilized. 10. Old Business: Mansfield Crossing: Review 0 &M Annual Report and Water Quality Monitoring Report. The annual O &M plan for Mansfield Crossing has been sent from Woodard & Curran outlining all maintenance done on the stormwater devices throughout the year, as required by the Stormwater Management Plan. All repair and cleaning activities are being done with no issues. She said the stormwater system is functioning as designed. The November 2013 surface water monitoring report has also been sent. This report is required to be submitted to the Commission semi - annually; the next monitoring event will be conducted in March 2014. The chloride levels were at 280 mg/L which exceeds the Nation Recommended Water Quality Criteria. Ms. Merrill spoke with Lisa McIntosh, the Wetland Scientist for Woodard & Curran, who said the alternative compound to road salt that is used on the parking areas also contains a chloride molecule so the levels are elevated. Ms. Merrill said Ms. McIntosh was not overly concerned with the chloride levels because they are not dangerously high and not causing any adverse impacts. Ms. Merrill said the Board might want to test the salinity of the pond instead of just testing for levels of chloride. The January 13, 2014 were approved but not signed at the February 101h meeting. Ms. Matthew made the motion to approve February 10, 2014 minutes as written. Mr. Healey seconded the motion. Motion passed 4 -0 -1 (Mr. Smith abstained). 11. Adjournment: Motion to adjourn: (Healey /Smith) All in favor. Passes. Next meeting will be April 14, 2014 at 7:00 pm. ftm&t'a < lk a / � — �e - /y JesepWulkerm, Chairman Date