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HomeMy WebLinkAboutConservation Comm 02/26/2018Town of Mansfield Conservation Minutes of February 26, 2018 ECEI YOM'? CLERKSEOFFICE "I' Wpn� �p Present: Michael Healey, Chairman; Christopher Marcheselli; Matthew Rieth; Aaron Gallagher; Aar dnl'RotPI)avid Hobaica; Katelyn Gonyer, Conservation and Environmental Planner. flANSFIELD 1. Meeting called to order at 7:05 pm. WASSA Ci JUSETTS 2. Request for Determination of Applicability: Town of Mansfield, Easement at 140 Mill Street, Map 35, Lot 41. Richard Alves, Town Engineer, explained the Town of Mansfield owns a 50 x 50 square -foot easement within the property at 140 Mill Street, where an existing sewer pump station is located; the pump station needs to be upgraded and the Town of Mansfield is proposing also to relocate a portion of an existing 8 -foot chain link fence, add a 12 x 18 -foot bituminous driveway and add a new means of egress to the east side of the existing entrance. He said on the west side of the entrance some trees and arborvitae will be removed and a portion of the existing fence in this area will be removed because of site distance and safety issues. A siltation basin with an emergency spillway is proposed to catch the runoff and purify the water prior to entering the wetlands. He noted the project location falls within a previously disturbed area and a flood zone, per Flood Map 25005CO043F effective July 7, 2009; no filling will occur within the flood zone, therefore no compensatory storage is necessary and there will be no impact to the wetlands. Mr. Alves said an 8" silt sock will be provided. Ms. Gonyer recommended a Negative 3 Determination be approved, work will not alter the resource area, with the special condition the erosion control be inspected prior to the start of work. Mr. Marcheselli made the motion to issue a Negative Determination for reason #3, work will not alter a resource area, with the special condition the 8" silk sock, as shown of the plan "Mill Street Pump Station Upgrade" dated February 1, 2018, prepared by the Town of Mansfield Department of Public Works, be inspected by the Agent prior to the start of work. Mr. Roth seconded the motion. Motion passed 6-0-0. Hearing ended at 7:14 pm. 3. Open Space Committee. Colin Cauldwell said this is a five -member board with a member from 'Conservation, Aaron Roth, one from Recreation Department and two members at large. He said the Committee is in the process of assessing the existing open space, recreation and conservation properties and will be moving forward making recommendations as to what needs to be done and what methodology should be used to bring forth the changes the Committee recommends. 4. Request to Extend Order of Conditions: John Walsh, 54 Willow Street, Map 28, Parcels 11, 12, 118, & 150. DEP SE 211-0931 The Notice of Intent was filed for the construction of a subdivision roadway with associated drainage, water and utilities within the 100 -foot Buffer Zone of Bordering Vegetated Wetlands and an Inland Bank. The Order of Conditions was issued March 17, 2015. Ms. Gonyer recommended the Order be extended for 3 years. 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 single family lots: Prior to receiving a Certificate of Compliance, the Applicant must install five (5) permanent "Environmentally Sensitive Area" signs on the subject lot. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"), hardware and method of installation are available at Conservation Department; 15. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 16. All new in -ground or above -ground pools shall use a cartridge filtration system or a filtration system where all backwash is directed in a drywell on the same property. At no point shall pool backwash be discharged into a wetland resources area. All pool water is to be de -chlorinated before it is drained from a pool. All drained water is to be drained over the land/lawn of the same property; 17. 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; 18. Storage containers will be moved out of the 25 -foot No Touch Zone; 19. Erosion Control will be established along the driveway during construction; 20. Provide mitigation plan, to be approved by Agent, for planting along the existing driveway Mr. Roth seconded the motion. Motion passed 5-0-0. Hearing ended at 7:25 pm. 4. Notice of Intent: MMAS, Inc., 888 South Main Street, Map 16, Parcel 14. DEP SE 211-0971 The Notice of Intent was filed for the renovation and expansion of existing building and stormwater mitigation within 100 feet of Bordering Vegetated Wetland and 200 -foot Riverfront, Norton Reservoir. James DeVellis, Civil Engineer, DeVellis Zrein, Inc., Attorney Fred Armstrong, Vice President of MMAS, Ken Butler, Executive Director of MMAS, and Thomas Sousa, owner of the property at 888 South Main Street, were present. 3 Mr. Hobaica made the motion to extend the Order of Conditions for John Walsh, 54 Willow Street, Map 28, Parcels 11, 12, 118, & 150, DEP SE 211-0931, to March 17, 2021. Mr. Gallagher seconded the motion. Motion passed 6-0-0. 5. Request to Extend Order of Conditions: John Walsh, 54 Willow Street, Map 12, Parcel 27, Lots 20 & 21. SE 211- 0932 The Notice of Intent was filed for the construction of a common driveway serving two (2) single-family homes along with associated drainage, water and utilities within the 100 -foot Buffer Zone of Bordering Vegetated Wetlands and an Inland Bank. The Order of Conditions was issued March 4, 2015, Mr. Roth made the motion to extend the Order of Conditions for John Walsh, 54 Willow Street, Map 12, Parcel 27, Lots 20 & 21, SE 211-0932, to March 4, 2021. Mr. Rieth seconded the motion.. Motion passed 6-0-0. 6. Request to Extend Order of Conditions: John Walsh, 54 Willow Street, Map 27, Lots 22 & 23. SE 211-0933 The Notice of Intent was filed for the construction of a common driveway utilizing a bridge over an intermittent stream serving two (2) single-family homes along with associated drainage, water and utilities within the 100 -foot Buffer Zone of Bordering Vegetated Wetlands and an Inland Bank. Mr. Marcheselli made the motion to extend the Order of Conditions for John Walsh, 54 Willow Street, Map 27, Lots 22 & 23, SE 211-0933, to March 4, 2021. Mr. Hobaica seconded the motion. Motion passed 6-0-0 7. Request to Extend Order of Conditions: Town of Mansfield, Willow Street. SE 211-0934 The Notice of Intent was filed for the reconstruction of a portion of Willow Street within 100 feet of a Bordering Vegetated Wetland and Inland Bank. The Order of Conditions was issued on March 4, 2015. Mr. Roth made the motion to extend the Order of Conditions for the Town of Mansfield, Willow Street, SE 211- 0934, to March 4, 2021. Mr. Gallagher seconded the motion. Motion passed 6-0-0. Hearings ended at 7:21 pm. 8. Request for Determination of Applicability: Primrose Schools, 201 Copeland Drive, Map 17, Parcel 36. The Request for Determination of Applicability was filed for the construction of a new daycare center with associated playgrounds, parking, drainage and utility improvements. Anthony Donato, Bohler Engineering, was present. Mr. Gallagher disclosed he has previously worked with Anthony Donato; it was decided this would not be a conflict of interest. Mr. Donato said the Applicant is proposing to construct a new 12,800 square -foot pre-school through kindergarten, with an afterschool program on an undeveloped property on the Foxborough town line. He discussed the stormwater management and drainage. Ms. Gonyer met previously with staff to resolve issues prior to the hearing. Because she had questions about the wetland report, she will walk the site with Edward Avizinis, Natural Resource Services, Inc., to review the wetland flags. She recommended the hearing be continued to March 19, 2018 to allow for the review of the wetland flags to assess what is jurisdictional, review the revised plans and to address the Town Engineer's issues. Mr. Hobaica made the motion to continue the hearing for Primrose Schools, 201 Copeland Drive, Map 17, Parcel 36, to March 19, 2018. Mr. Roth seconded the motion. Motion passed 6-0-0. Hearing ended at 7:37 pm. 9. Request for Determination of Applicability: VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276. The Request for Determination of Applicability was filed for the proposed annual maintenance of a mowed area along the facility perimeter fence as required by federal law. Ms. Gonyer said this project was seen previously to clear 10 feet from the existing chain link fence, which runs along the Corporal Robert Francis Hardy Conservation Area. She said one clearing occurred 2-3 years ago but there should be a formal filing with the Commission for on-going maintenance. Russell Waldron explained, because this is a federal facility, they are required to maintain a ten -foot strip along the perimeter fence. He said in addition to the federally -required clearing they would like to clear the trees in the area where the solar array is located, but will need to establish the 100 -foot buffer zone. Ms. Gonyer asked that the areas of clearing be staked out and, because the property abuts Natural Resources Trust of Mansfield, Inc. (NRT) land to the south and west, written permission should be submitted from Natural Resources Trust, stating they understand the scope of work and any issues they may have should be addressed. Colin Cauldwell, NRT, said he met with representatives of VAM to discuss whether NRT would allow the work on their land; he said the NRT Charter requires that NRT does not use their land to benefit a private entity because they are a 501C. Mr. Cauldwell said NRT does not have an issue with the clearing of invasive species in the drainage easement, which should be done periodically under Conservation Commission jurisdiction. He said the Commission could, on a conditional basis, approve the proposal to clear the drainage easement but VAM would have to meet with NRT to discuss the clearing of the 10 -foot portion of land on NRT property. He noted NRT has done this type of thing before but have received compensation. Mr. Hobaica asked if the cutting needed to be done yearly. Brian Quick said it would depend on the amount of growth. Mr. Healey asked if there would be a way to plant the proper species to restore the area; Ms. Gonyer said they will have to add plantings. Mr. Hobaica asked if the land to be cleared belonged to NRT; Mr. Cauldwell said NRT owns the land. Mr. Hobaica asked why VAM can't go ten feet in from the property line. Mr. Cauldwell said because their fence is right on the property line. Mr. Hobaica said an alternative would be to move the fence. Mr. Roth asked if VAM would be willing to move the fence. Mr. Quick said VAM will move the fence if required. Ms. Gonyer asked if the stormwater ditch would be included in the vegetation management plan or is it just for the 10 -foot strip and, after a discussion with NRT about the conveyance, the applicant would come back to the Commission; Mr. Waldron said it was included in the RDA as one plan. Mr. Gallagher said the plan presented is of existing conditions and he would like an actual plan of what work will be done before the Commission approves the RDA. Ms. Gonyer said the plan submitted with the RDA does not show the limit of work, no offsets or outline of the areas of the conveyance so a revised site plan showing the limit of clearing, the offsets of the exact areas to be maintained, and a letter from NRT granting permission for any work on their property will have to be submitted in order to issued the permit because the Commission can not issued a permit for work done on someone else's property. She said the vegetation management plan could be for five years instead of the usual three years. Mr. Gallagher suggested the VMP be added to the new plan. Ms. Gonyer said she should be informed yearly about any maintenance work being done. Mr. Healey said the Commission is not against the proposed work, there just needs to be some clarification as to what and where the work will take place. Mr. Rieth made the motion to continue the hearing for VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276, to March 19, 2018. Mr. Gallagher seconded the motion. Motion passed 6-0-0. Hearing ended at 8:10 pm. 10. Notice of Intent: Sara Dziedzic, Bungay Lake Associates, Inc., Bungay Lake. Aquatic Management Program at Bungay Lake to control nuisance and non-native growth. James Lacasse, Solitude Lake Management, said this is a 117 -acre waterbody located on the Mansfield/North Attleborough town line, with approximately 37 acres in Mansfield and 88 acres in North Attleborough. He explained the primary goal is to focus on invasive species, mainly non-native plant species such as fanwort and variable watermilfoil. Mr. Lacasse said one of the management techniques will be mechanical hydro -raking and the application of herbicides and algaecides. He explained the hydro -raking process and said the herbicides and algaecides products are USEPA and state approved products and will be applied by a licensed biologist or applicator. Mr. Lacasse said this project would be presented to North Attleborough February 27, 2018. Mr. Healey asked where the organic matter from the hydro -raking would be taken. Mr. Lacasse said various organic farms and landfills will accept the material. Ms. Gonyer asked, once the original application has been finished, what will be done if there is a regrowth, Mr. Lacesse said Solitude Lake Management will go back in 2-4 weeks and take water samples to see the concentration; if there is any new growth, they will do a booster treatment such as Sonar Fluridone, a systemic herbicide. Mr. Lacesse mentioned they have seen native vegetation species, such as tapegrass, slender naiad and robbins pondweed, starting to take over the open space, almost to a nuisance level. He said Diquat (Reward) would be used to reduce the native species. Ms. Gonyer asked if this would be a one-time application or are they looking for a vegetation management plan. Mr. Lacesse said the raking will be done one time with maintenance after. He said there will be pre -and post-treatment surveys done and annual reports to gauge the improvement of the lake. He said the amount of work done will depend on the Association's budget. Ms. Gonyer said the application is very thorough but her concern is the staging of equipment and weather conditions. She asked that Conservation be notified if any additional treatment is necessary. Mr. Lacesse said the policy is to notify abutters as well as the Commission 24-72 hours prior to any application. Mr. Lacesse said they will be focusing on the north and south basins where the invasive species have taken over at an extraordinary level. Ms. Gonyer noted the Notice of Intent is very detailed with a lot of information. She said she would like to meet on site with North Attleborough and the contractors just to make sure we do not have a conflicting order of Conditions. She suggested the hearing be continued to March 19, 2018. Mark Gould, 285 Plain Street, asked where the work would be done and the time frame for the work. Mr. Lacesse said they will be targeting the north and south basins and the western shore line. Mr. Lacesse said the work will start in late May or early June. Lena Moran, 43 Lakeview Avenue, asked where the removed vegetation would go. Mr. Lacesse said there are grant opportunities for the removal and, because this is organic/nutrient material, some farmers will take it. Mark Gould asked if the raking and the application of chemicals would be done in any particular order. Mr. Lacesse said it will depend on what the association can afford and what can be targeted; he said most likely the raking will be done prior to the chemical treatment. Mr. Hobaica said information about the staging areas and the means to remove the weeds/materials from the barge and onto the trucks needs to be submitted before the Order of Conditions is issued. Ms. Gonyer said the Order can be held, pending the receipt of a letter from the Bungay Lake Association. Mr. Gallagher made the motion to continue the hearing for Sara Dziedzic, Bungay Lake Associates, Inc., Bungay Lake. Aquatic Management Program at Bungay Lake to control nuisance and non-native growth to March 19, 2018. Mr. Marcheselli seconded the motion. Motion passed 6-0-0. Hearing ended at 8:41 pm. 9. Correspondence: Bristol County Mosquito Control Project: notification by letter, dated December 26, 2017, to restore the drainage ditch located at 198 South Main Street to the original ditch dimensions in order to provide adequate water flow and to alleviate mosquito breeding in the area. Ms. Gonyer said at this time the work is non -jurisdictional. Woodard and Curran submitted the annual Operational Management Plan for Mansfield Crossing. 10. New Business: • Sharon Conservation Regional Meeting: Meeting on March 1, 2018 at 8:00 pm to discuss the degrading of habitat along the river ways and look at a comprehensive plan. Colin Cauldwell will be attending and the Conservation Commission has also been invited. • MACC , March 3rd in Worcester: Ms. Gonyer will be attending. • Ms. Gonyer said there a couple of new small subdivisions coming up. The filings for Wood Avenue and 140/106 will be closing out their filings. 11. Old Business: 12. Adjournment: Motion to adjourn (Hobaica/Rieth) Motion passed 6-0. Next meeting will be March 19, 2018, Michael Healey, Chair Date