HomeMy WebLinkAboutConservation Comm 3/20/2017Town of Mansfield E
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Conservation Minutes �� r,b.; _ {1 Ain Q
March 20, 2017
Present: Michael Healey, Chair; Christopher Marcheselli; Aaron Roth; Matthew Rieth; David Hobaicb;`,;
Ryan Maxwell; Katelyn Gonyer, Conservation and Environmental Planner.
1. Meeting opened at 7:00 pm.
2. Certificate of Appreciation: Steve and Frances Pyne, acknowledgement of Great Woods entrance
caretakers.
Mr. Healey presented a Certificate of Appreciation to Mr. and Mrs. Pyne for their efforts to clean up and
maintain the area at the entrance to Great Woods Conservation Area on Oak Street; the area had
become overgrown with weeds and vines and trash needed to be removed. Mr. and Mrs. Pyne cleared
the area and refurbished the entrance sign, and on a weekly basis, they keep the area clean and
landscaped and also help clear the adjacent fields.
3. Request for a Certificate of Compliance: Kelly Diorio, 245 Winter Street, DEP SE 211-293.
Ms. Gonyer explained this is an administrative closing of an opened Order of Conditions from 1989 for
the construction of a garage, which was permitted but never built. There has been a transfer of land
and during a title search, it was discovered the Order of Conditions was recorded but never cleared from
the deed. Ms. Gonyer visited the site several times and reviewed the Order and plans and she
recommended a full Certificate of Compliance be issued because the work was never started and the
Order has since expired.
Mr. Marcheselli made the motion to issue a full Certificate of Compliance to Gary Murphy, 245 Winter
Street under DEP SE 211-293 for the construction of a garage; work was never started and the Order has
since expired. Mr. Roth seconded the motion. Motion passed 6-0-0.
Hearing ended at 7:20 p m.
4. Request for Determination of Applicability: William H. & Patricia M. Turner, 151 Ware Street.
The Chairman read the public hearing notice for William H. & Patricia M. Turner for a Request for
Determination of Applicability to construct a two -car garage within 100 feet of an Inland Bank of an
Intermittent Stream at 151 Ware Street, Map 32, Parcel 59.
Ms. Gonyer said the Applicant came before the Commission in May 2016 to construct a garage, to be
located in the front of the corner lot, putting the proposed garage within the 25 -foot No Disturb Zone of
the inland bank of the intermittent stream, which runs along the side of the property. Ms. Gonyer said
the plan has now been redesigned in order to be in compliance; the garage will now be located in an
area of previously disturbed lawn area, with the garage approximately 50 feet from the drainage swale
in the western corner of the property. Ms. Gonyer said there will be an eight -foot wide concrete pad
behind the garage on the stream side of the property. The new plan shows the limit of work with silt
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fence to be installed prior to the start of work. Ms. Gonyer recommended a Negative 3 Determination,
work will not adversely impact the resource area, be issued.
Mr. Healey asked how the garage would be accessed. Chris Ludwig, the general contractor for the
project, said access would be through the existing driveway.
Mr. Marcheselli asked about downspouts. Ms. Gonyer said runoff would be handled in a Special
Condition.
Ms. Gonyer said because the proposed garage has not been staked out, she wants to make sure any
trees to be removed are approved by her.
Mr. Hobaica asked that the proposed garage be staked out prior to the start of any work. Mr. Ludwig
said this will be done by a land surveyor. Ms. Gonyer said once the footprint of the garage has been
staked in the field, she will meet on site with the contractor before the limit of work is installed. She
asked that any debris not in the building footprint be cleaned up.
Mr. Marcheselli made the motion to issue a Negative Determination for reason #3, work will not
adversely affect the resource area, to William H. & Patricia M. Turner, 151 Ware Street, Map 32, Parcel
59, to construct of a two -car garage within 100 feet of an Inland Bank of an Intermittent Stream, in
accordance with "Site Plan 151 Ware Street and Mansfield GIS Viewer dated January 30, 2017, with the
following Special Conditions:
• All roof runoff shall be directed to downspouts and drywells or equivalent;
• Agent to be contacted to inspect limit of work prior to the start of construction;
• All trees to be removed must be approved by Agent;
• Agent is to be notified when building corners have been staked out in the field to verify location;
• Agent is to be notified when Applicant requests a final inspection from the Building Department.
Mr. Rieth seconded the motion. Motion passed 6-0-0.
Hearing ended at 7:32 pm.
5. Notice of Intent: Lewis Davison, Jr., 10 Roy Road, Map 41, Parcel 453.
The Chairman read the public hearing notice for Lewis Davison, Jr. for the construction of a driveway
and associated utilities for a single-family home within ACEC, NHESP Estimated and Priority Habitats and
100 feet of a Bordering Vegetated Wetland and a Certified Vernal Pool at 151 Ware Street, Map 41,
Parcel 453, DEP SE 211-0955,
Attorney Edward Valanzola, representing Lewis Davison, Jr., said this is a vacant lot located at 10 Roy
Road and the Notice of Intent was filed for a single-family home with a portion of the proposed
driveway within the 100 -foot buffer of a Certified Vernal Pool and a Bordering Vegetated Wetland.
James DeVellis, Devellis Zrein, Inc., explained the Notice of Intent was filed for a paved driveway to
access the upland portion of a single-family house lot. He said they looked at alternatives for the project
to minimize any impact to the resource areas; an Alternative Analysis as well as a Stormwater
Management Plan were submitted with the NOI filing. Mr. DeVellis said DEP had no comments and a
letter dated March 8, 2017 from the Division of Fisheries & Wildlife states the project, as currently
proposed, will not adversely affect the actual Resource Area Habitat of state -protected rare wildlife
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species and, under Massachusetts Endangered Species Act (MESA), the project as proposed will not
result in a prohibited Take.
Because a portion of the proposed driveway would be located 50 feet from the edge of the vernal pool,
Mr. Healey asked about ways to mitigate the potential adverse impact to the vernal pool. He said he
was concerned about trash/debris, yard waste and storage in this area.
Mr. Hobaica asked if the Applicant had approached the direct abutter to allow for the purchase of a
portion of the abutter's property. Attorney Valanzola said this is an approved, well landscaped area and
from his experience, the abutter, if asked, might decide to oppose the project rather than provide an
access point to create a buildable lot behind his property.
Ms. Gonyer explained why this would qualify as a limited project and said the biggest issue with the
impact to a venal pool habitat for a single-family house lot is lawn clippings. She noted the house is
outside the buffer area but she will need to make sure there is no activity beyond the footprint of the
driveway, which will be slightly super -elevated to sheet flow into a gravel trench. She suggested a fence
or boulders be installed to delineate the driveway area. She said the project should be conditioned that
lawn clippings/debris and storage should be in upland areas only. She said with the standard Order and
the additional special conditions, this project would be permittable and in compliance under a limited
project.
Mr. Hobaica asked about the migration season for vernal pool species. Ms. Gonyer said vernal pool
season is between March and June 1'`. She asked about a construction timeline and said she would
rather construction of the roadway be restricted outside the vernal pool season, from March to June, to
minimize any impacts.
Mr. Hobaica asked for more information/details of the gravel trench and fencing. Mr. DeVellis said he
would revise the plan to include the trench and fencing detail.
Mr. Roth made the motion to issue an Order of Conditions to Lewis Davison, Jr., 10 Roy Road, Map 41,
Parcel 453 for the construction of a driveway and associated utilities for a single-family home, within
ACEC, NHESP Estimated and Priority Habitats and 100 feet of Bordering Vegetated Wetland and a
Certified Vernal Pool, DEP SE 211-0966, in accordance with the plan "Notice of Intent and Board of
Health Site Plan" dated February 22, 2017 and revised March 22, 2017, prepared by DeVellis Zrein Inc.,
with the following additional Special Conditions under the Mansfield Wetland Protection By -Law,
Chapter 220:
• 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 "10 Roy Road Davison Residence Notice of Intent and Board
of Health Site Plan" dated February 22, 2017, revised March 22, 2017 (Conservation Commission
Comments), prepared by Devellis Zrein, Inc., referenced as "the plan of record" in this Order;
• 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
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
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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;
• 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;
• 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;
• A construction sequence is to be submitted to the Commission prior to the start of work;
• The Conservation Commission or its agent is to be notified of the starting date of the work prior
to its commencement;
• Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the
Engineer and/or Representative, and the General Contractor to review the Order of Conditions,
scope of work and construction sequencing;
• 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;
• 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. 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;
• Prior to receiving a Certificate of Compliance, the Applicant must install a split rail fence along
the length of the back side of the gravel trench;
• Signage for single family lots:
Prior to receiving a Certificate of Compliance, the Applicant must install permanent
"Environmentally Sensitive Area" signs on the subject lot. Environmentally Sensitive Area discs
shall be affixed on every other post of above mentioned split rail fence. The 4" discs (reading
"Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are
available at Conservation Department;
• No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products
may be used;
• All the terms and conditions set forth in the Stormwater Management Plan for (project title)
prepared by (Engineer), submitted on (date) are to be included with this Order of Conditions. All
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on-going 0&M plan activities are to be recorded as noted. All reports and checklist are to be
submitted to the Commission as noted;
• 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 5-1-0 (Mr. Rieth opposed).
Hearing ended at 8:27 pm.
6. New Business:
Girl Scout Field Day:
Ms. Gonyer said the Girl Scouts asked permission to use the fields at Great Woods for a field day; due to
insufficient parking at the field, Louis Andrews will try to redirect the Scouts to an area by the new
Airport building.
7. Old Business:
• Update on Wood Avenue: Ms. Gonyer explained there was an encroachment into the 25 -foot
area -she said the project contractor has submitted a new plan as well as a new work sequence
and they have now pulled the limit of work back. Once the snow cover is gone, Ms. Gonyer will
meet on site with Wetland Scientist Art Allen and have them do additional mitigation at 2:1 for
the encroachment.
Ms. Gonyer met with Robert Blackman, Inspector of Buildings and Zoning Enforcement Officer,
to review the town by-law regarding fines for violations; she noted the amount of the fine will
have to clarified because the Mansfield General By-law (Section 14: Chapter 40.21d) allows for a
$300.00 fine per day but Mass Law (Chapter 40) allows for fines, not to exceed $100.00. She
said any violations would result in a non -criminal citation being issued, with a letter being sent
to the person stating the violation and giving stipulations through an Enforcement Order what
needs to be done to correct the violation, and if not in compliance by a certain date, a fine will
start accruing daily. Mr. Hobaica asked how the fines would be enforced and collected. Ms.
Gonyer said she will get clarification on the amount and how to proceed.
• Ms. Gonyer updated the Commission on the Airport VMP: She has been working with Steve
Riberdy, a Senior Ecologist from GZA. She said the Commission asked for the work to be done in
dry or frozen conditions but Mass Historic asked for frozen conditions only. She said last year
they were unable to do any work because the ground never froze. She said the work was
started again this year, but because of the temperature changes, work was stopped in the
wetland areas. She said they tried to do as much as possible in the upland area within the
buffer zone but again the work was stopped because of the damage the work caused to this
area. They will go back to Mass Historic to enable work to be done in dry conditions.
• Withdraw of Notice of Intent (DEP #211-0902) — 6 Roy Road: Ms. Gonyer said a Notice of Intent
was filed in 2013 for 6 Roy Road showing structures within the 100 -foot buffer of a newly
Certified Vernal Pool. At that time the Commission continued the NO) indefinitely because the
Applicant was going to come back before the Commission in the spring of 2014 to determine the
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actual boundary of the Pool; the Order of Conditions was never issued. The Applicant has now
redesigned the project, pulling all structures out of the 100 -foot buffer and will no longer be
working under the Wetlands Protection Act; for administrative purposes, Mr. Cunningham has
asked that the opened NO1 be closed out.
Ms. Gonyer said she will be working closely with the Applicant to make sure everything stays out
of jurisdictional areas.
Mr. Marcheselli made the motion to withdraw the NOI application for 6 Roy Road, DEP SE 211-
0902. Mr. Rieth seconded the motion. Motion passed 6-0-0.
• Review February Minutes: Motion made to approve the February 2017 minutes —(Rieth/Roth)
Passed 5-0-1
8. Adjournment:
Motion to adjourn at 8:55 pm. (Hobaica/Roth) Passed.
Next meeting will be May 22, 2017 at 7:00 pm.
Michael Healey, Chair
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