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HomeMy WebLinkAboutCONSERVATION02222016Mansfield Town of Mansfield Conservation Minutes February 22, 2016 Present: James Turnbull, Vice Chairman; Christopher Marcheselli; Matthew Rieth; David Hobiaca; Magdalena Lofstedt, Interim Agent. 1. Meeting opened at 7:05 pm. 2. Discussion with Lou Andrews, President of Natural Resources Trust of Mansfield, Inc., land transfer: Mr. Andrews explained the town has tried for the past 30 years to acquire the 1.3 acre parcel of land, M14 -P20, on South Main Street _and two years ago the parcel was taken for tax title and is now owned by the town (an article for M14 -1320 was passed at the 2012 Town Meeting but never went forward because the owner could not be contacted). He said the land abuts Great Woods Conservation Area and the Rumford River as well as Conservation land M14 -P22 and would provide a second entrance to the Taylor's Hill parcel. He is requesting the Commission submit a warrant article for the 2016 Town Meeting to transfer control of the property from the Board of Selectmen to the Conservation Commission. The warrant article has to be submitted to the Town Clerk before March V. The warrant article would have to be approved by the Board of Selectmen. Mr. Marcheselli made the motion to submit a warrant article for the 2016 Town Meeting to transfer Map 14, Parcel 20 on the westerly side of South Main Street from the Board of Selectmen to the Conservation Commission. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Mr. Andrews asked if the Commission would appropriate funds, not to exceed $800.00, to have trail maps printed for Corporal Robert Francis Hardy Conservation Area, Great Woods Conservation Area and Marie Streese Memorial Conservation Area. Michael Trowbridge suggested Mr. Andrews contact Southeastern Regional Vocational Technical High School to have the maps printed. Mr. Turnbull asked Mr. Andrews to submit quotes from local printers and Southeastern Regional, to be discussed at the March 21S` meeting. 3. Request for Certificate of Compliance: Foremarc Realty LLC, (Dutton Drive) Dutton Realty Trust, 83 Winter Street. DEP SE 211 -0916, Mr. Marcheselli, owner of Foremarc Realty LLC, recused himself. Jay Zola, 12 Colonial Drive in Mansfield, representing Mr. Marcheselli, requested a partial Certificate of Compliance for the roadway be issued because two closing attorneys stated Lots 1 and 3 require partial releases from the Order of Conditions. Ms. Lofstedt said Richard C. Alves, Town Engineer, reviewed the Dutton Drive Partial As -Built and found the plan to be acceptable. Letters will be written to the attorneys stating 5 Dutton Drive, Lot 3 (Land Court Lot 3) and 3 Dutton Drive, Lot 1 (Land Court Lot 6) to confirm these lots are not within Conservation jurisdiction and therefore were not 1 included in the Notice of Intent filing for the construction of a subdivision roadway with associated drainage, water and utilities under DEP SE 211 -0916, Mr. Hobaica made the motion to issue a partial Certificate of Compliance to Foremarc Realty LLC, (Dutton Drive) Dutton Realty Trust, 83 Winter Street, DEP SE 211 -0916. Mr. Rieth seconded the motion. Motion passed 3 -0 -1 Hearing ended at 7:25 pm. 3. Extension to existing Order of Conditions: Susan McArthur, Massachusetts Department of Transportation, Highway Division. DEP SE 211 -0899 The Order of Conditions (OOC) was issued by the Mansfield Conservation Commission on April 24, 2013 for the impaired waters remediation project for the Rumford River, located west of the intersection of Interstate 495 (1 -495, Exit 11)) and Route 140 , South Main Street. Although the project is advancing, it will not be completed prior to the April 24, 2016 expiration date and therefore the applicant is asking for an extension of the OOC (letter dated February 2, 2016). Mr. Marcheselli made the motion to extend the Order of Conditions issued to Susan McArthur, Massachusetts Department of Transportation, Highway Division, 1 -495 @ Route 140, South Main Street, Exit 11, Highway Right -of -Way for the impaired waters remediation project for the Rumford River, located west of the intersection of Interstate 495 (1 -495) and Route 140, South Main Street under DEP #211 -0899. Mr. Hobaica seconded the motion. Motion passed 4 -0 -0. Hearing ended at 7:29 pm. 4. Request for Determination of Applicability: Christopher Colby, 161 Ware Street, Map 32, Parcel 55. The Request for Determination of Applicability was filed for the removal of an existing in- ground pool, to fill and convert the area to lawn and repair the septic system, requiring grading in the 25' -50' buffer. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., representing Christopher Colby, explained the septic system has failed and the existing in- ground swimming pool will be removed to allow for the new septic system, which will be located 54 feet from the wetland. Mr. Trowbridge said minimal grading will be required between the 25' -50' buffer. Erosion control is shown on the plan and Mr. Trowbridge said the silt fence will be extended if access through the right -side of the property is necessary. Ms. Lofstedt recommended the Commission issue a Negative Determination 3 to Mr. Colby. Mr. Marcheselli made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, to Christopher Colby, 161 Ware Street, Map 32, Parcel 55, to remove an existing in- ground pool, fill and convert the area to lawn and repair septic system, requiring grading in the 25' -50' buffer, with the following Special Conditions: 1. 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" (or equivalent) 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 2 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; 2. 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; 3. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 4. The Applicant must install one (1) permanent "Environmentally Sensitive Area" 4" plastic disc tree sign at Wetland Flag EW #9 on the subject lot. Contact the Conservation Department for signage details. The 4" discs, hardware and method of installation will be provided by Conservation Department; 5. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. Mr. Rieth seconded the motion. Motion passed 4 -0 -0. Plan — "Repair" Disposal System 161 Ware Street dated December 9, 2015, prepared by Hutchins - Trowbridge Associates, Inc. Hearing ended at 7:35 pm. S. Request for Determination of Applicability: William R. Ross, Town Manager, 500 East Street, Map 31, Parcel 37. Work includes clearing, grubbing, and minor site grading within Canoe River ACEC for the new Public Safety Building and expansion of the existing Department of Public Works Complex. Michael Ahern, Department of Public Works Project Manager, Jeff Alberti, and Roger Alcott, of Weston & Sampson, were present. Mr. Alcott gave a general overview of the proposed project at 500 East Street, the location of the existing highway garage and water treatment facility. A new public works facility and public safety building (police and fire) is proposed on the site. The site will be expanded to the west of the utility easement for the proposed DPW building and the public safety building will be located where the existing public works facility is now. There are wetland resource areas located to the north of the existing water treatment plant and to the east of the existing public works facility and a potential vernal pool is located to the north of the expansion area; the wetlands were flagged and the potential vernal pool identified by Katelyn Gonyer and the wetland flags were located in the field by Richard Alves, Town Engineer. The Canoe River is to the east of the project location. The proposed work will not impact the 100 -foot Bordering Vegetated Wetland Buffer Zone or the 200 -foot Riverfront Area. Mr. Alcott said the applicant is requesting approval to clear approximately 4.5 acres; all work is outside the 100 -foot Buffer Zone. He said the area is within an ACEC and there are town wells located to the north of the property. Because the area has been designated a habitat of the Northern Long -Eared Bat, Mr. Alcott said the work will need to be done prior to April 15t when the bats become active. Mr. Alcott said test pits and borings will be done throughout the site to identify the exact stormwater design. Mr. Alcott said the approximately 28,000 square -foot public safety building will be located at the front of the property with access on both sides of the building. The approximately 41,000 square -foot DPW facility will be located in the back of the property with a separate entrance. Mr. Turnbull noted the work under the RDA will be for the preliminary work only; a Notice of Intent will be submitted for the construction. Mr. Alcott said because more than an acre of land will be disturbed, Stormwater and Land Disturbance applications will have to be filed. He said because state action is not required and no state funds will be used for this project, an Environmental Notification Form (ENF) is not necessary. Mr. Hobaica asked about the depression in the back left corner of the property. Ms. Lofstedt said it is a very small, non - jurisdictional Isolated Wetland. Mr. Hobaica asked about the construction schedule. Mr. Ahern said the test pits and borings will be done in the spring, construction bids will be done at the end of June and construction will start in September; the DPW building will be done first and once completed, the existing garage will be razed and the new public safety building will be built. Mr. Turnbull asked what method of cutting would be used. Mr. Ahern said there would be a public bid opening Thursday, February 25, 2016 for a contractor. He said at this time they need to get machinery in to do the borings and they also plan to build a berm with plantings on the left side of the property to provide a shield for the neighbors. Ms. Lofstedt noted the final ruling was issued by U.S. Fish and Wildlife for the Northern Long -Eared bat; the pup roosting season is now June 15c thru July 315` Mr. Marcheselli made the motion to issue a Negative Determination for Reason #3, work will not alter Resource Area, to William R. Ross, Town Manager, 500 East Street, Map 31, Parcel 37, for work including clearing, grubbing, and minor site grading within Canoe River ACEC for the new Public Safety Building and expansion of the existing Department of Public Works Complex, with the following special conditions: 1. 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" (or equivalent) 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; 0 Mr. Turnbull said the Redi -Rock system would be a good solution for replacing the portion of the retaining wall but he is concern there are no structural drawings with wall details or an evaluation of the soils underneath the wall. He said water erosion could be an issue. He also agreed with the need to remove the maple tree but does not see a way to grade the site and add vegetation cover to control the slope. He said a site specific drawing by an engineer should be submitted with more detail of the wall and runoff details of sedimentation control for a stabilized slope. Mr. Cygawnoski said Ralph Maloon (RIM) reviewed the plans for the wall and he believes this is the best option for the property. Mr. Hobaica said Mr. Quintiliani needs to submit details of the modular dock. Mr. Quintiliani said the work for the retaining wall needs to be started in April while the water is low. Mr. Grant asked if the Commission would consider giving conditional approval for the retaining wall only with a structural design to follow. Mr. Turnbull said he is concerned an engineer might decide the whole wall needs to be replaced. Mr. Hobaica asked how the work area will be accessed. Mr. Grant said material and machinery would be brought to the property through the neighbor's property to the right. Mr. Turnbull said an engineer- stamped plan with details of the retaining wall and soil evaluations should be submitted; the Town Engineer should evaluated the design of the wall; information about the limits of work proposed, and grading. He said the amount of preparatory site work that will need to be done on site before construction of the house is significant. Mr. Marcheselli made the motion to continue the hearing for Ronald Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53, DEP SE 211 -0954, Razing existing house, construct new single - family house with expanded patio and deck, and install a 5'x25' aluminum dock within 100 feet of the Inland Bank of Greenwood Lake and within Land Subject to Flooding, and Land Under a Body of Water. Mr. Rieth seconded the motion. Motion passed 4- 0-0. 7. Correspondence: 8. New Business: Natural Heritage & Endangered Species Program — ongoing study in Mansfield of the Blue- spotted Salamander — Suzanne Estates /Roy Road Conservation Area specifically. E -mail from Jacob E. Kubel, Conservation Scientist from Natural Heritage & Endangered Species Program (NHESP). Mr. Kubel will be conducting surveys for the blue- spotted salamanders at the Suzanne Estate /Roy Road Conservation Area as part of the ongoing study of the population distribution and local population structures of the Jefferson /Blue- spotted Salamander complex throughout Massachusetts. Mr. Kubel wants to add town -owned holdings to the list of study sites. Mansfield is near the northern limit of the range of "pure populations" of Blue- spotted Salamander in MA (very rare in New England). Mr. Kubel would like to do the field work this spring and has submitted a summary of the work to be conducted. Aquatic funnel trapping of 9 2. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. Mr. Hobaica seconded the motion. Motion passed 4 -0 -0. Plan — "Town of Mansfield New Public Safety & DPW Municipal Complex C2.01 and C3.01 dated January 28, 2016, prepared by Kaestle Boos Associates, Inc. Hearing ended at 7:50 pm. 6. Notice of Intent: Ronald Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53. DEP SE 211 -0954 The Notice of Intent was filed for the razing of an existing house, construction of a new single - family house with expanded patio and deck, and installation of a 5'x25' aluminum dock within 100 feet of the Inland Bank of Greenwood Lake and within Land Subject to Flooding, and Land Under a Body of Water and was continued from January 11, 2016. Craig Cygawnoski, RIM Engineering Co., Inc., Luke Grant, Grant Bros., homeowners Mr. and Mrs. Quintiliani were present. At the January meeting the Commission requested the following additional information: alternatives to replacing the retaining wall; details for the dock; add roof drain, to be infiltrated into stormwater drywell; and show footprint of the proposed house. The Commission asked that the maple tree stay (the fir tree could be removed). Mr. Healey also asked for ways to minimize and stabilize the slope and suggested terracing as an option, which would meet the plans of the applicant and minimize the impact to this already impacted area. A revised plan dated February 5, 2016 was submitted showing a roof drain (details were submitted) connecting to a dry well and manufacturer's details for the Redi -Rock retaining wall; details for the dock, and alternatives to replace /repair the retaining wall and stabilize the slope were not submitted and the plan shows the maple tree removed. Mr. Cygawnoski said the revised plan shows all roof drains to be connected to the dry well located at the front of the house and the existing and proposed impervious areas. He said the concrete boat landing and all the patio area will be removed and replaced with paving stones. Mr. Cygawnoski said the retaining wall will be replaced from the boat landing to the property corner (approximately one -third of the wall) and the only change to the wall is the addition of a set of stairs; pictures were submitted showing the section of wall to be replaced. He said the applicant is requesting that both trees be removed. Mr. Hobaica visited the site and said with the amount of construction proposed, he does not believe the maple tree can be saved. He said if it is removed along with the stump, the retaining wall would be compromised. Mr. Cygawnoski said the intention was to cut the tree at ground level and then re -seed the area. Mr. Hobaica asked about stepping the foundation. Luther Grant said he did not see this as a positive or negative solution. Mr. Grant discussed the details of the wall and how it would be installed. He said there are benefits to using the Redi -Rock system because it is modular and can be installed and modified quickly, unlike a concrete wall. 9 wetlands /vernal pools and nocturnal visual surveys along the trail system will be done. Ms. Lofstedt said part of the study will be to take tissue samplings of the suspect "hybrid" salamanders (on the basis of size) from a maximum of 15 individuals. The surveys will be conduct starting mid - March. Ms. Lofstedt will draft a letter to Mr. Kubel. Informal discussion for removal of red maple tree within the 25 -ft. No Touch Zone at 129 School Street; may be adjacent to state property. The homeowner feels the tree is a safety hazard. Ms. Lofstedt said the tree removal can be done under an Administrative Review; property owner to confirm that the tree is located on the 129 School Street parcel and notify the Commission once the tree has been removed for final inspection. Tree is to be cut flush to ground. 9. Old Business: Discussion: Hunting at Sweet Conservation Area. Discussion will be postponed to the March meeting. 10. Adjournment: Motion to adjourn at 9:10 pm. (Marcheselli /Rieth) Passed. Next meeting will be March 21, 2016 at 7:00 pm. Turnbull, Vice Chairman Date 7