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HomeMy WebLinkAboutConservation Comm 03/19/2018Town of Mansfield RECEIVED Conservation Minutes T0tA,1N CLERKS OFFICE March 19, 2018 2018 nAY -8 A 8* 11 Present: Michael Healey, Chairman; Aaron Roth; Matthew Rieth; Christopher Marcheselli; Aaron Gallagher; David Hobaica; Katelyn Gonyer, Conservation and Environmental Planner. I WIS`r IE O �.SSACI1USETTS 1. Meeting called to order at 7:04 pm. 2. Request for Certificate of Compliance: Jill Saraiva, 142 Oak Street, Map 15, Parcel 29. DEP SE 211-0771 The Order of Conditions was issued in July 2006 for the construction of a house, garage, sewer disposal system, utilities and related grading within the 100 -foot buffer of Bordering Vegetated Wetlands and within the 200 -foot Riverfront Area, Hodges Brook. Ms. Gonyer said the Order has expired but a Certificate of Compliance is needed because of a land transfer. She said the work has been completed, the house is in the appropriate location as shown on the as built plan dated July 20, 2007 and the yard is stabilized. She recommended a full Certificate of Compliance be issued. Mr. Hobaica made the motion to issue a full Certificate of Compliance to Jill Saraiva, 142 Oak Street, Map 15, Parcel 29, DEP SE 211-0771. Mr. Roth seconded the motion. Motion passed 6-0-0. Hearing ended at 7:07 pm. 3. Request for Certificate of Compliance: Paulette Rioux, Wayside Estates LLC, 24 Wayside Drive, Lot 4, Map 3, Parcel 19. DEP SE 211-0935 The Order of Conditions was issued in April 2015 for the construction of a single-family dwelling with associated appurtenances within the 100 -foot buffer zone of a Bordering Vegetated Wetland and Natural Heritage Estimated and Priority Habitats. Ms. Gonyer said this lot was one of three Form A lots in Wayside Estates and the Order was issued in April 2015; the house and septic system were located outside of the 100 -foot buffer zone, however a portion of the driveway was located within 100 feet of the wetlands. A letter dated March 1, 2018 from Michael A. Trowbridge, Hutchins -Trowbridge Associates, Inc., states the work has been completed in substantial compliance with the Order of Conditions and approved As Built plan dated March 28, 2016. She said a large portion of the interior land, containing Potential Vernal Pools and Estimated and Priority Habitats, was to be donated to Conservation. Ms. Gonyer recommended a full Certificate of Compliance be issued. Mr. Roth made the motion to issue a full Certificate of Compliance to Paulette Rioux, Wayside Estates LLC, 24 Wayside Drive, Lot 4, Map 3, Parcel 19, DEP SE 211-0935, for the construction of a single-family dwelling with associated appurtenances within the 100 -foot buffer zone of a Bordering Vegetated Wetland and Natural Heritage Estimated and Priority Habitats. Mr. Marcheselli seconded the motion. Motion passed 6-0-0 1 Hearing ended at 7:11 pm 3. Request for an Extension of Order of Conditions: Mansfield Airport Quadrant 4, 265 Fruit Street, Map 36, Parcel 15. DEP SE 211-0929 Andrew Timmis, Goddard Consulting, requested a three-year extension of the Order of Conditions under SE 211- 0929 to allow for the completion of buildings "R", "S", "T", and the 60'x60' building called "U". He said they will begin work on building "U" within a month but all other work has been completed; the detention basin is in good condition and is functioning well, the wetland replication area is done and stabilized and there is continued removal of invasive species in the area. Ms. Gonyer said Goddard Consulting has submitted their annual findings for the mitigation area and the area is thriving; she said the mitigation area will be followed for three growing seasons. She recommended the Extension for the Order of Conditions be issued. Mr. Marcheselli made the motion to issue the Extension for the Order of Conditions for the hangar construction and associated work at the Mansfield Airport Quadrant 4, 265 Fruit Street, under DEP SE 211-0929, for three years, expiration date of April 2021. Mr. Hobaica seconded the motion. Motion passed 6-0-0 Hearing ended at 7:14 pm. 4. Request for an Extension of Order of Conditions: Lot 5 Wayside Drive. DEP SE 211-0936 The Order of Conditions was issued in April 2015 for the construction of a single-family dwelling with associated appurtenances within 100 feet of the buffer zone of a Bordering Vegetated Wetland and Natural Heritage Estimated and Priority Habitats. Ms. Gonyer explained the Order of Conditions was issued for a portion of a driveway associated with a new single family dwelling; she said most of the building envelope has been grubbed and some trees will have to be removed. She said the erosion controls will need to be inspected prior to the start of work. She noted the Order is set to expire March 2018 and she recommended the extension be issued. Mr. Rieth made the motion to issue the Extension of the Order of Conditions for the construction of a portion of a driveway associated with a single-family dwelling at Lot 5 on Wayside Drive under DEP SE 211-0936; the Order will be extended for three years, to April 21, 2021. The erosion controls shall be inspected by the Agent prior to the start of work. Mr. Marcheselli seconded the motion. Motion passed 6-0-0. Hearing ended at 7:18 pm. 5. Request for an Extension of Order of Conditions: Lot 3 Saddle Ridge Road. DEP SE 211-0937 The Order of Conditions was issued in April 2015 for the construction of a single-family dwelling with associated appurtenances within 100 -foot buffer zone of a Bordering Vegetated Wetland and Natural Heritage Estimated and Priority Habitats. Ms. Gonyer said the Order of Conditions was issued for a septic system for the third lot approved in 2015; the building envelope and driveway were outside conservation jurisdiction. She said the erosion controls need to be re -inspected prior to the start of work. Mr. Gallagher made the motion to extend the Order of Conditions for the construction of a portion of a driveway associated with a single-family dwelling at Lot 3 on Saddle Ridge Road under DEP SE 211-0937, with the Special Condition that the erosion controls be inspected prior to the start of work; the Orders will be extend for three years, to April 21, 2021. Mr. Roth seconded the motion. Motion passed 6-0-0. Hearing ended at 7: 20 pm. 6. Request for Determination of Applicability: Mansfield Willowdale, LLC, 3 Lorraine Way, Lot 1, Map 28, Parcel 182. The Request for Determination of Applicability was filed for the construction of a single-family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank. Project Manager William R. Buckley, Jr., Bay Colony Group, Inc., representing Walsh Brothers Building Company, explained 3 Lorraine Way, Lot 1, is one of three lots on the southern end of the Willowdale Subdivision, which was approved in February 2015. He said there is an intermittent stream that runs through the site and into Cabot Pond and, as part of the Order of Conditions, mitigation was to be done along the bank of the stream which abuts Lot 1. In addition, a split rail fence would be installed to discourage home owners from encroaching into the 25 -foot area. A restoration plan was developed and is shown on Sheet 14. Mr. Buckley said the homes and driveways for the three lots are outside the 100 -foot buffer zone. New silt sock will be placed along the edge of the 25 -foot No Disturb Area. Ms. Gonyer asked if the bank mitigation of the intermittent stream would be done by the subdivision owner or would the responsible for the mitigation be transferred to the owners of Lots 1, 2 and 3. Mr. Buckley said Mr. Walsh, the subdivision owner, would like to do the mitigation plantings in spring 2018. Mr. Buckley suggested Ms. Gonyer contact Mr. Walsh about the plantings. Ms. Gonyer will draft a letter to be attached to the Determination for Lots 1, 2 and 3, letting the homeowners know that the installation of patios, walkways, pools, etc. would require them to contact the Conservation Department. Mr. Marcheselli made the motion to issue a Negative Determination for reason 43, proposed work will not adversely impact the resource area, to Mansfield Willowdale, LLC, 3 Lorraine Way, Lot 1, Map 28, Parcel 182 for the construction of single-family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank, in accordance with the plan "Building Permit Plan" dated February 10, 2018, prepared by Bay Colony Group, Inc., with the following Special Conditions: • Limit of work to be inspected by Agent prior to the start of work • All disturbed areas are to be stabilized as soon as possible • Agent to meet onsite with Applicant to divide up required plantings within Buffer Restoration Area 3. All plantings notes on Sheet 14 of Approved Site Plan under DEP 211-0931 are to be included with this Determination. 3 • Buffer Strip (Buffer restoration area ) is to be planted and stabilized as soon as possible • Agent is to be notified after plantings have been installed. Mr. Hobaica seconded the motion. Motion passed 6-0-0. Hearing ended at 7:46 pm. 7. Request for Determination of Applicability: Mansfield Willowdale, LLC, 7 Lorraine Way, Lot 2, Map 28, Parcel 181. The Request for Determination of Applicability was filed for the construction of single family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank. Project Manager William R. Buckley, Jr., Bay Colony Group, Inc., representing Walsh Brothers Building Company, explained 7 Lorraine Way, Lot 2, is one of three lots on the southern end of the Willowdale Subdivision, which was approved in February 2015. He said there is an intermittent stream that runs through the site and into Cabot Pond and, as part of the Order of Conditions, mitigation was to be done along the bank of the stream which abuts Lot 2. In addition, a split rail fence will be installed to discourage home owners from encroaching into the 25 -foot area. A restoration plan was developed and is shown on Sheet 14. Mr. Buckley said the homes and driveways for the three lots are outside the 100 -foot buffer zone. New silt sock will be placed along the edge of the 25 -foot No Disturb Area. Ms. Gonyer will draft a letter to be attached to the Determination for Lot 2, letting the homeowners know that the installation of patios, walkways, pools, etc. would require them to contact the Conservation Department. Mr. Hobaica made the motion to issue a Negative Determination for reason #3, proposed work will not adversely impact the resource area, to Mansfield Willowdale, LLC, 7 Lorraine Way, Lot 2, Map 28, Parcel 181 for the construction of single-family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank, in accordance with the plan "Building Permit Plan" dated February 10, 2018, prepared by Bay Colony Group, Inc., with the following Special Conditions: • Limit of work to be inspected by Agent prior to the start of work • All disturbed areas are to be stabilized as soon as possible • Agent to meet onsite with Applicant to divide up required plantings within Buffer Restoration Area 3. All plantings notes on Sheet 14 of Approved Site Plan under DEP 211-0931 are to be included with this Determination. • Buffer Strip (Buffer restoration area ) is to be planted and stabilized as soon as possible • Agent is to be notified after plantings have been installed. Mr. Rieth seconded the motion. Motion passed 6-0-0. Hearing ended at 7:48 pm. 0 8. Request for Determination of Applicability: Mansfield Willowdale, LLC, 11 Lorraine Way, Lot 3, Map 28, Parcel 180. The Request for Determination of Applicability was filed for the construction of single family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank. Project Manager William R. Buckley, Jr., Bay Colony Group, Inc., representing Walsh Brothers Building Company, explained 11 Lorraine Way, Lot 3, is one of three lots on the southern end of the Willowdale Subdivision, which was approved in February 2015. He said there is an intermittent stream that runs through the site and into Cabot Pond and, as part of the Order of Conditions, mitigation was to be done along the bank of the stream which abuts Lot 3. In addition, a split rail fence will be installed to discourage home owners from encroaching into the 25 -foot area. A restoration plan was developed and is shown on Sheet 14. Mr. Buckley said the homes and driveways for the three lots are outside the 100 -foot buffer zone. New silt sock will be placed along the edge of the 25 -foot No Disturb Area. Ms. Gonyer will draft a letter to be attached to the Determination for Lot 3, letting the homeowners know that the installation of patios, walkways, pools, etc. would require them to contact the Conservation Department. Mr. Roth made the motion to issue a Negative Determination for reason #3, proposed work will not adversely impact the resource area, to Mansfield Willowdale, LLC, 11 Lorraine Way, Lot 3, Map 28, Parcel 180 for the construction of single-family home, driveway, associated utilities and landscaping that lies partially within the 100 -foot buffer zone of Bordering Vegetated Wetland and Inland Bank, in accordance with the plan "Building Permit Plan" dated February 10, 2018, and revised March 6, 2018, prepared by Bay Colony Group, Inc., with the following Special Conditions: • Limit of work to be inspected by Agent prior to the start of work • All disturbed areas are to be stabilized as soon as possible • Agent to meet onsite with Applicant to divide up required plantings within Buffer Restoration Area 3. All plantings notes on Sheet 14 of Approved Site Plan under DEP 211-0931 are to be included with this Determination. • Buffer Strip (Buffer restoration area ) is to be planted and stabilized as soon as possible • Agent is to be notified after plantings have been installed. Mr. Gallagher seconded the motion. Motion passed 6-0-0. Hearing ended at 7:50 pm. 9. Request for Determination of Applicability: Primrose Schools, 201 Copeland Drive, Map 17, Parcel 36. At the February 26, 2018 meeting the Commission reviewed and continued the RDA for the construction of a new daycare center with associated playgrounds, parking, drainage and utility improvements. Ms. Gonyer met with the Wetland Scientist onsite to verify the wetland flags located on the parcel along Copeland Drive; she agreed with the flags as shown on the plan. She said this wetland area is less than 5,000 square feet so it is non - jurisdictional. She also verified the wetland located across the street, which is jurisdictional. Richard Alves, Town Engineer, review the Stormwater Management System and approved the design on February 28, 2018. 5 Erosion controls are not needed because the jurisdictional BVW is across the street from the work area. A Special Condition would be the roadway needs to be clear of debris during the construction. Mr. Marcheselli made the motion to issue a Negative Determination for reason #3, proposed work will not adversely impact the resource area, for Primrose Schools, 201 Copeland Drive, Map 17, Parcel 36, for the construction of a new daycare center with associated playgrounds, parking, drainage and utility improvements with the Special Condition that the roadway needs to be clear of debris during the construction. Mr. Rieth seconded the motion. Motion passed 6-0-0. Hearing ended at 7:58 pm. 10. 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. The hearing was continued at the February meeting to allow for a more detailed plan to be submitted and the submittal of a letter of approval from NRT before the Determination can be issued. Mr. Russell Waldron, AES (Applied Ecological Services), sent an email on March 19, 2018 to Ms. Gonyer asking that the hearing be continued to April 23, 2018. Mr. Rieth made the motion to continue the hearing for VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276, for the proposed annual maintenance of mowed area along the facility perimeter fence as required by federal law, to April 23, 2018. Mr. Roth seconded the motion. Motion passed 6-0-0. Hearing ended at 8:06 pm. 11. Notice of Intent: Sara Dziedzic, Bungay Lake Associates, Inc., Bungay Lake. DEP SE 211-0973 The Notice of Intent was filed for the Aquatic Management Program at Bungay Lake to control nuisance and non-native growth. James Lacasse, Aquatic Biologist with Solitude Lake Management, wrote to Ms. Gonyer to let her know, because of the Bungay Lake Association's extremely low budget, only herbicides and algaecides will be used this upcoming season to control the invasive vegetation. He said he will be meeting Tuesday, March 20, 2018 with the Town of North Attleboro. Since hydro -raking might not occur until 2019 or even 2020/2021, Mr. Lacasse asked if the hearing could be closed and the Order issued with a special condition that states that if/when hydro -raking does occur, Solitude Lake Management is responsible for presenting a detailed site plan including the facts of where the hydro -rake will be staged and where the material will be offloaded and transported to before hydro -rake begins. Because Hydro -raking is very expensive and, with the small budget, they are not even 9 sure they will be able to afford to ever do the hydro -raking, they might have to shift to a program that individual homeowners, who wish to have the hydro -raking done will be billed separately from the association. Ms. Gonyer recommended making the motion to issue the Order of Conditions to Sara Dziedzic, Bungay Lake Associates, Inc., to approve the proposed Aquatic Management Program within Bungay Lake to control nuisance and non-native growth. Ms. Gonyer will be coordinating with the biologist and North Attleboro to draft the special conditions for the application for the use of herbicide and algaecide, which will include Mr. Lacasse's request to follow up with the Commission before hydro -raking is permitted in the lake. The narrative submitted by Solitude Lake Management shall be included with the Order. Ms. Gonyer recommended Mr. Marcheselli made the motion to approve the Order of Conditions for Sara Dziedzic, Bungay Lake Associates, Inc., Bungay Lake, DEP SE 211-0973, for the Aquatic Management Program at Bungay Lake to control nuisance and non-native growth, issuance pending approval of the Special Conditions, to be reviewed at the April meeting. Mr. Gallaher seconded the motion. Motion passed 6-0-0. Hearing ended at 8:12 pm. 12. Correspondence: 13. New Business: 14. Old Business: Approval of December 18, 2017 minutes: (Marcheselli/Roth). Motion passed 4-0-2 (Gallagher and Hobaica abstained. Approval of February 26, 2018 minutes: (Marcheselli/Rieth). Motion passed 6-0-0. 15. Adjournment: Motion to adjourn at 8:20 pm. (Marcheselli/Rieth). Motion passed 6-0-0. Next meeting will be April 23, 2018. Michael Healey, Chairman Date