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HomeMy WebLinkAboutConservation Comm 12/19/2016Town of Mansfield r'r ' a"' TD r ` - Conservation Minutes 1 December 19 2016 10(1 1 P Present: Michael Healey, Chairman; Christopher Marcheselli; Jack Smith; D,avidi Hobic4; Katelyn Gonyer, Conservation and Environmental Planner. =- 1. Meeting opened at 7:02 pm 2. Discussion: Karen Chambers -Hughes, 111 Plain Street. Ms. Gonyer explained she has been in contact with Karen Chambers -Hughes, an abutter of a parcel of land off West and Plain Street by the Albertini well site, concerning issues of motorized vehicles, specifically dirt bikes, on land in the care and control of the Water Department but technically owned by the Conservation Commission. She has walked the 40 -acre parcel extensively and was able to see the damage done to the land by dirt bikes; she said there is compacted substrate with no top soil and the bike trails are very well established and maintained. She said some of the tracks are four or five feet wide and two feet deep and go right up to some of the vernal pools that have the physical criteria but may not have the biological criteria of vernal pools. Greenwood Lake is located on the other side of the parcel. There are also issues with erosion from the gravel area washing off into the wetlands and there is a lot of trash and fire pit areas. She said there are liability issues for the town, and from the Wetland Protection Act perspective, limiting this type of activity so close to vernal pools, especially during vernal pool season, would eliminate any impact on vernal pool species. She said this is an area for passive recreational use. She will talk with DPW about bringing in top soil and letting the area naturalize. She has also reached out to the Water Department about the language of the deed to see if there is a conservation restriction or any restrictive use on this parcel. Karen Chambers -Hughes, 111 Plain Street, contacted Ms. Gonyer because over the past several years the use by kids of alcohol, smoking and drugs as well as fires has now escalated to extensive use of ATV and dirt bikes, which increases during the spring and summer months, causing a lot of destruction to the land; she would like the Conservation Commission to decide if this use should be allowed on the land. She noted the property owner directly across from the Albertini well entrance has removed one of the boulders and is dumping lawn clippings and trash onto the property. She said it has now escalated to the point that the area is being used for the wrong purposes. She asked if no dumping, no motorized vehicle signs could be installed as well as building more barriers to prevent the people from entering the property. She said the fire pits and smoking are creating a fire hazard. Ms. Gonyer said the boulder can be put back in place and signage installed informing people they are now entering town -owned land and what is and is not allowed in this area because of the resource areas located on the land. She said at this time it probably would not be possible to repair the damage already done. She said she would talk with the Water and Police Departments and the Town Planner. Ms. Gonyer said there are three areas where it enters into the jurisdictional wetland areas and she will look into the type, size and the installation of the signs. Mr. Marcheselli made the motion to allocate money, not to exceed $400.00, for the installation of three signs at the Albertini well site; the Agent will follow up with DPW and the Water Department. Mr. Smith seconded the motion. Motion passed 4-0-0. Discussion ended at 7:30 pm. 3. Request for Determination of Applicability: Lisa Acquaviva & Trevor Humphrey, 124 Dean Street, Map 26, Lot 59. Request was filed to remove existing detached one -car garage and shed and replace with two -car garage. Christopher Charette, Charette Land Surveying, said the property is located on the easterly side of Dean Street with Kingman Pond on the east side of the property. Mr. Charette said the proposed work will be located on the already disturbed lawn area and will not create any negative impacts. He said there is a slope, approximately one foot above existing grade, in the back of the proposed garage slab, requiring the addition of approximately 25 yards of fill, which will result in an increase of a little more than one -foot of fill along the easterly back side of the garage to allow for egress from the garage. Silt fence is proposed. Homeowner Trevor Humphrey said they are thinking about adding a second garage door in the back; the primary purpose of this door is to provide access for large lawn equipment. Mr. Healey asked about roof drains to drywells. Ms. Gonyer said usually when there is an increase in impervious area the Commission would at least like to see a trench to make sure there is no increase in sheet flow. Mr. Charette said there will be no increase in impervious and noted this project is exempt from stormwater management, but the homeowner would be willing to add the roof drains and drywell. Mr. Healey suggested, instead of silt fence, mulch waddles be used. Ms. Gonyer asked if the homeowner is proposing any other impervious areas, such as patios, walkways, decks or fire pits. Mr. Humphrey said there is nothing proposed but between the driveway and the house there is a pre-existing concrete patio that eventually will be replaced. Ms. Gonyer said her only concern is the lawn area goes right up to the pond and usually the Commission would like to see a natural buffer between residential areas and the pond. She said the use of fertilizers should be reduced and there should be no storage of lawn clippings or debris. Mr. Humphrey said he uses only composted material on the lawn and all lawn clippings are stored as far away from the pond as possible, in the southwest corner of the property. Ms. Gonyer recommended a Negative 3 Determination be issued with the condition that all disturbed areas be reseeded as soon as possible. Mr. Marcheselli made the motion to issue a Negative 3 Determination, work will not alter a resource area, to Lisa Acquaviva & Trevor Humphrey, 124 Dean Street, Map 26, Lot 59, "Plot Plan 124 Dean Street in Mansfield, MA dated November 8, 2016, with the following Special Conditions: Agent is to inspect the siltation control (per plan) prior to the start of work — silt sock must be mulch — silt sock may be 8" diameter (min.); all disturbed areas be reseeded as soon as possible; erosion control must remain in place until areas have been stabilized; drywells for roof run-off shall be installed per plan, dated November 8, 2016; Agent shall be notified when project is complete and lawn has been seeded for a final inspection; any changes to the plan dated November 8, 2016 must be reviewed and approved by the Agent or Commission. Mr. Hobaica seconded the motion. Motion passed 4-0-0. Hearing ended at 7:47 pm. 4. Abbreviated Notice of Resource Area Delineation: Stanley Feck, 177 Old Elm Street, Map 6, Parcel 35. DEP SE 211-0965 Resource Area Delineation. Applicant has requested a continuance to the spring of 2017 Mr. Marcheselli made the motion to continue the hearing for Stanley Feck, 177 Old Elm Street, Map 6, Parcel 35 for an Abbreviated Notice of Resource Area Delineation, DEP SE 211-0965, until the spring of 2017. Mr. Hobaica seconded the motion. Motion passed 4-0-0. Hearing ended at 7:48 pm. 5. Notice of Intent: James Lazzara, Grove Building Realty Trust, 130 Spring Street Map 28, Parcel 164 & 165. DEP SE 211-0964. Ms. Gonyer said this filing has been before the Commission several times and William Buckley, Bay Colony Group, presented the project and Lauren Gluck, Pare Corporation, reviewed the mitigation and restoration plans for the project. Ms. Gonyer said the filing has been through a several revisions and since the November hearing the project has received approval from Richard Alves, Town Engineer; all his comments have been addressed including his concerns with the elevation of groundwater. Ms. Gonyer said there has been an increase in the mitigation areas and revisions to the buffer zone restoration plan. Ms. Gonyer presented the Special Conditions for this project for the Commission's review. Ms. Gonyer said there should be more substantial signage in the back of the building on the south side of the property where the restoration area is taking place; the larger "Environmentally Sensitive Area" or "Restoration Area" signs will be used for this area and the smaller disc signs will be used along the driveway entrance. Mr. Marcheselli made the motion to issued an Order of Conditions to James Lazzara, Grove Building Realty Trust, 130 Spring Street Map 28, Parcel 164 & 165, DEP SE 211-0964, with the following Special Conditions under The Mansfield Wetland Protection By -Law, Chapter 220 entered into the record by Ms. Gonyer and with the additional condition that two (2) "Environmentally Sensitive Area" signs be installed in the buffer restoration area: 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 (latest revision of 11-15-16) referenced as "the Plans of Record" in this Order as listed below: CABOT POND APARTMENTS 130 Spring Street Mansfield, MA (DEP SE 211-0964) Sheet Description Revision No. Date Sheet 11-15-16 CV Cover Sheet Sheet 9-21-16 1 Legend & General Notes Sheet 10-27-16 2 Existing Plans Conditions Sheet 11-15-16 3 Layout & Grading Plan Sheet 11-15-16 4 Drainage & Utilities Plan Sheet 9-21-16 5 Details Sheet 11-15-16 6 Details Sheet 11-15-16 7 Details Sheet 11-15-16 8 Restoration Plan Sheet 11-15-16 9 SWPPP & Snow Storage Plan Sheet PLANS BY OTHERS —Floor 10-27-16 Al Plans Sheet 11-15-16 L1 Landscape Plan Photometric 10-27-16 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 8" diameter biodegradable mulch -filled silt 0 sock with wooden stakes every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). 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. 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. Roof runoff to be recharged onsite 7. A construction sequence is to be submitted to the Commission prior to the start of work. 8. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement. 9. Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the Engineer and/or Representative, the Wetland Monitor, and the General Contractor onsite to review the Order of Conditions, scope of work and construction sequencing. 10. 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. 11. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued. 12. 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. 13. 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. 14. Signage for residential properties -Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally Sensitive Area" signs on the subject lot. The quantity and location of the sign are to be designated by Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at Conservation Department. 5 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used. 16. A wetland monitor, pre -approved by the Mansfield Conservation Commission, is to be hired at the applicant's expense. The wetland monitor is to be present during the activities outlined in the Buffer Zone Restoration Plan including all buffer zone plantings and invasive species removal. 17. The Wetland Monitor shall report to the Commission once the two restoration areas have been constructed and planted and continue to report to the Commission bi-annually for the following two (2) growing seasons, as noted in the Buffer Zone Restoration Plan. If the Commission finds that additional mitigation is necessary at the end of two growing seasons, additional monitoring and/or additional planting may be required. 18. The mitigation area plantings shall be at least 75% successful within the first two growing seasons. A full Certificate of Compliance cannot be issued until the two growing seasons have passed AND 75% survival rate has been achieved. 19. All the terms and conditions set forth in the Stormwater Management Plan for Cabot's Pond Apartments prepared by Bay Colony Group, Inc. submitted on September 2016 and revised November 2016 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. 20. All the terms and conditions set forth in the Buffer Zone Restoration Plan for Cabot's Pond Apartments prepared by PARE CORPORATION, revised November 2016, are to be included with this Order of Conditions. All on-going planting monitoring activities are to be recorded as noted. All reports and updates are to be submitted to the Commission as noted. 21. Dumping of lawn clippings and/or yard debris into wetland and/or 25 -foot No Disturb Zone is prohibited. Storage is prohibited in these areas as well. Mr. Hobaica seconded the motion. Motion passed 4-0-0. Hearing ended at 7:57 pm. 6. Correspondence: 7. New Business: Ms. Gonyer said Natural Resources Trust (NRT) asked that Frances and Steve Pyne be honored for work at the Oak Street entrance to The Great Woods, an area that had become overgrown. She said for the past several years Mr. and Mrs. Pyne have been clearing and planting this area as well as maintaining the sign. NRT asked that Mr. and Mrs. Pyne be invited to the next meeting to acknowledge and thank them for their efforts. 8. Old Business: Pedestrian sign for the Eagle Scout trail from the Library to Memorial Park: Ms. Gonyer said the project was completed this summer and one sign will be installed in the low area where the 11 access drive goes around the library. She will meet with the people at the library to discuss the type of sign to be installed. Commission Group Site Visits: Ms. Gonyer suggested the Commission start doing group site visits, especially for the bigger projects. She said the site visits would have to be posted and could be done on Monday, Wednesday or Saturday. The Commission will decide in the spring when the site visits will be done. Review of Phase 2 & 3 at the Airport: Ms. Gonyer attended the Airport meeting last week and they will be starting Phase 3 of the project, which is the area behind the animal shelter. She said Phase 2, which was delayed because there were no frozen conditions last winter, will continue. She had asked that a revised implementation plan, to include Phase 2 & 3, be submitted. 9. Adjournment: Motion to adjourn at 8:11 pm (Marcheselli/Smith). Motion passed. Next meeting will be January 23, 2017 1/l Ax;&1, j� S Michael Healey, 7 Date