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HomeMy WebLinkAboutConservation Comm 04/23/2018Town of Mansfield 4A RECEIVED Conservation Minutes Qr , C! CEIV ERKS OFFICE April 23, 2018 r018 14A 3E 0 7t Present: Michael Healey, Chair; Aaron Roth; David Hobaica; Aaron Gallagher; Matthew Rieth; Katelyn Gonyi, 8` t' 4 Conservation and Environmental Planner. �J {Fr LQ HA,ss= t lc,l TTS 1. Meeting opened at 7: 08 pm. Barry Coie and Elizabeth Clemmey - proposed Plastic Waste Reduction Article: Barry Cole explained he is part of an executive committee called Team Up Mansfield and gave a summary of the Article 45 Citizen Petition — Article III Chapter 180-16 Plastic Waste Reduction, also known as the elimination of single -use plastic bags, which has been placed on the annual town meeting warrant. The petition, if passed, would eliminate the thin-film plastic bags less than 4 mil -thick in size. Mr. Coie noted produce, newspaper, garbage and dog waste bags were intentionally excluded from the restriction; he said non -retail businesses are also not included in the restriction; however, the group will be encouraging all businesses to find ways to reduce and eliminate plastic bags. He said the article does cover, but does not restrict, paper bags; he noted all paper bags must be 100% recyclable. Mr. Coie said for stores 3,500 square feet or larger, the proposed by-law will take effect November 1, 2018 or six (6) months after the passage or approval by the Attorney General; for stores less than 3,500 square feet the proposed by-law will take effect one (1) year after approval, May 1, 2019. Mr. Cole said Team Up Mansfield has been working with some of the local groups, Keep Mansfield Beautiful, COA and the Food Pantry, soliciting for both recyclable bags and donations; he noted Keep Mansfield Beautiful has already committed to donating reusable bags. He said the proposed by-law is modeled after other town and is very similar to the article passed in the Town of Wellesley. He said there are over 60 cities and towns in Massachusetts who have effectively passed or successfully implemented the program. 2. Open Space and Recreation Committee -proposed project Ms. Gonyer said the Open Space and Recreation Committee has been prioritizing work in different open space areas in town and, since the last winter storm, the committee has focused on tree removal within trail ways, mainly Corporal Robert Francis Hardy Conservation Area off Maple Street. Conservation representative for the Open Space and Recreation Committee, Aaron Roth, 210 Otis Street, said at tonight's Committee meeting they discussed the need for tree removal after the last winter storm created a safety hazard on the Marie Streese Memorial, Great Woods and Corporal Robert Francis Hardy Conservation Areas. Ms. Gonyer said the Committee will do a walk through at the Corporal Robert Francis Hardy Conservation Area, take inventory of what is critical; only work necessary for safety purposes will be done at this time. She recommended $3,000.00 be taken from the Mansfield Crossing account and said the amount of work done would be limited to the $3,000.00. She said eventually work at other conservation areas will have to be done. Mr. Hobaica made the motion to allocate funds from the Mansfield Crossing account, amount not to exceed $3,000.00, for the tree removal in Corporal Robert Francis Hardy Conservation Area, with the condition that the Open Space and Recreation Committee report back to the Commission regarding any unused funds. Mr. Rieth seconded the motion. Motion passed 4-0-1 (Mr. Roth abstained) Discussion ended at 7:16 pm. 3. Request for Determination of Applicability: Benedict & Cindy Ingegneri, 40 Grove Street, Map 5, Parcel 39 The Request for Determination of Applicability was filed for a proposed garage and associated grading within 100 feet of Bordering Vegetated Wetland and Certified Vernal Pool. Michael Trowbridge, Hutchins -Trowbridge Associates, Inc., representing Mr. and Mrs. Ingegneri, explained a garage is proposed approximately 93 feet from the edge of wetland area and approximately 104 feet from the actual edge of the Certified Vernal Pool. He said there will be a minimal amount of grading, approximately 15 feet, behind the proposed garage, which will be located on existing grassed area and silt socks are proposed. He said the initial proposal was for a much larger garage to be located further back on the property and Ms. Gonyer requested a mitigation area be done. Mr. Trowbridge said even though the garage has been downsized and been pulled outside the 100 -foot buffer of the vernal pool, they are proposing a mitigation area of approximately 25 feet, which will provide more protection for the vernal pool and the wetlands. He said the area will be planted with low bush blueberry, arrowwood, inkberry and winterberry, five (5) feet on center or the equivalent native species as approved by the conservation agent. Mr. Gallagher asked if the proposed garage could be moved forward to remove it from the buffer zone. Mr. Trowbridge said if you look at the line of the front of the house, to move it forward, aesthetically it would not look right. Ms. Gonyer said, instead of moving the garage the seven feet out of the buffer, she would rather have the restoration done. Mr. Gallagher asked about roof runoff. Mr. Trowbridge said nothing has been proposed. Ms. Gonyer noted yard clippings/debris has been placed in the gully behind the house and said the homeowner will need to find a new area to discard the yard debris. Mr. Healey asked if the down spouts for the proposed garage would be into drywells. Mr. Trowbridge said the runoff would be on the grassed area and there would be more impact to the resource areas if roof drains and drywells were installed. Ms. Gonyer suggested a stone trench to slow down the runoff. Mr. Trowbridge said he would prefer small drywells in the back yard. There were no public comments. Ms. Gonyer recommended a Negative 3 Determination be issued and the drywells, the restoration area and the discontinuance of lawn debris be added as special conditions Mr. Gallagher made the motion to issue a Negative Determination for reason N3, proposed work will not adversely impact the resource area, to Benedict & Cindy Ingegneri, 40 Grove Street, Map 5, Parcel 39, in accordance with the plan "Conservation Plan 40 Grove Street' dated December 28, 2017, prepared by Hutchins Trowbridge Associates, Inc., with the following special conditions: 1. The Agent is to inspect the siltation control (per plan) prior to the start of work. Silt sock must be mulch and 8 inches in diameter (min); 2. All disturbed areas are to be stabilized as soon as possible; 3. Disposal of lawn debris is to be discontinued within the wetland area; 4. Roof runoff is to be directed to small drywells and 5. Plantings within the restoration area are to be approved by the Agent prior to installation. Mr. Hobaica seconded the motion. Motion passed 5-0-0. Hearing ended at 7:28 pm. 4. Request for Determination of Applicability: Steven and Marybeth Olsen, 16 Kybren Circle, Map 15, Parcel 283. Request for Determination of Applicability was filed for the removal of ten (10) trees with the 100 -foot buffer zone of Bordering Vegetated Wetland. Homeowner Steven Olsen was present Ms. Gonyer explained after the last winter storm Mr. Olsen became concerned about the large white pine trees located close to the house and he would like to remove a total of ten (10) trees; the trees are within the 100 -foot buffer zone. Ms. Gonyer and Richard Alves, Town Engineer, located and mark the trees to be removed. She said all the trees are mature but some of the thinner trees are more concerning because they do not have a deep root system. She said the trees shall be flush cut and all staging shall be outside the wetland area; homeowner should make sure nothing goes towards the resource areas. There were no public comments Mr. Gallagher made the motion to issue a Negative Determination for reason 113, proposed work will not adversely impact the resource area, to Steven and Marybeth Olsen, 16 Kybren Circle, Map 15, Parcel 283, with the following special conditions: 1. Ten (10) trees total to be cut as indicated in the field; 2. Trees to be flush cut; 3. No staging shall be done in the wetland area; 4. Agent is to be notified prior to the start of work and when work is completed. Mr. Roth seconded the motion. Motion passed 5-0-0 Hearing ended at 7:38 pm 5. Request for Determination of Applicability: VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276. Request for Determination of Applicability was filed in February 2018 for the proposed annual maintenance of mowed area along the facility perimeter fence as required by federal law. Ms. Gonyer said this filing has been before the Commission for a number of years to maintain the 10 -foot section around the perimeter of the existing fence. She said the plan submitted with the filing had very little detail and the Applicant also needed permission to do the maintenance on NRT land before the Determination can be issued; she noted she has been asking for this information with no follow up on the part of the Applicant. She said in an e-mail received today from Russ Waldron, Mr. Waldron said VAM had the right to clear and maintain the swale and the basin on the property. She suggested the hearing be continued to the May meeting; if all the paperwork has not been submitted, she recommended the filing be withdrawn because of an inadequate application and the Applicant re -file the request. She noted she did not receive a request to continue tonight's hearing. Mr. Healey said the Applicant should prepare and submit a Vegetation Management Plan (VMP). There were no public comments. Mr. Rieth made the motion to continue the hearing for VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276, to May 21, 2018. Mr. Gallagher seconded the motion. Motion passed 5-0-0. Hearing ended at 7:48 pm. 6. Correspondence: 7. New Business: 8. Old Business: Restoration of Auxiliary Spillway at Blake's Pond — Blake's Pond Dam Repair Project (DEP SE 211- 0968) -Souring of inland bank. Ms. Gonyer said the Commission issued the Order of Conditions August 3, 2017 to repair the Blake's Pond Dam; work included the installation of corrugated sheet metal sheathing, which was to be placed in front of the existing dam, and to create a new catwalk. In an area to the east of the dam, the contractor noticed a 4 -inch difference between the water surface elevation and the elevation of the path, resulting in the water rushing over and behind the bank, scouring the inland side of the bank and exposing the old sheathing from the old Auxillary Spillway. The Applicant wanted to go in and level out and restore the area to prevent the pond from breeching; this work has been done and the auxiliary spillway was rapped on the recommendation of Ms. Gonyer and Richard Alves, Town Engineer. A plan was to be submitted showing the additional work. Ms. Gonyer recommended the representative file a Request to Amended the Order of Conditions. The area was to be stabilized as soon as possible. Ms. Gonyer noted were also issues with inland bank near the new dam site. Ms. Gonyer and Mr. Alves met on site with the engineer, contractor and a representative of the City of Attleboro. During construction, the water was diverted to one opening that was not aligned with the downstream channel. This caused serious erosion to the inland bank. She said the Commission would have to decide the restoration for both areas. Ms. Gonyer said there is so much work to be done on this site; all the areas are ungraded, not stabilized, there is debris everywhere and mud and silt has flowed into the BVW. She noted even the trail that the Commission asked to be maintained at a 12 -foot wide path was much wider than approved. The spillway has not been jute -netted or re -seeded and planted. Ms. Gonyer noted there are no erosion controls on site. She said because this is the responsibility of the City of Attleboro she asked that an Amended Order be submitted for the restoration as soon as possible. At this time, no Request has been filed. Ms. Gonyer recommended an Enforcement Order be issued to the City of Attleboro to immediately restore the areas and then file a request to amend the Order. Mr. Healey said the City of Attleboro should formally be notified they need to move forward with the work, in order to protect the interests of the Wetland Protection Act and the environment. Ms. Gonyer said she, Mr. Alves and Mr. Healey, if he is available, will meet with the City of Attleboro to put together a plan of what needs to be done. There were no public comments. Mr. Roth made the motion to issue an Enforcement Order to the City of Attleboro Water Department for the restoration and stabilization of the auxiliary spillway and the downstream inland bank on both sides of Blake's Pond Dam, to also include the access road and the areas at the end of the access road and the removal of the pile of fill; applicant is to immediately follow up with a Request for an Amended Order and provide an update at the Conservation Commission meeting on May 21, 2018. Mr. Rieth seconded the motion. Motion passed 5-0-0. Hearing ended at 8:19 pm Mr. Rieth made the motion to accept the minutes of March 19, 2018 Conservation meeting. Mr. Hobaica seconded the motion. Motion passed 5-0-0. Ms. Gonyer said Keep Mansfield Beautiful and Natural Resource Trust will be doing a clean-up on Kingman Pond, Fulton Pond and Corporal Robert Francis Hardy Conservation Area on April 28`n from 9-12. Ms. Gonyer will be attending a regional Open Space Plan meeting in Foxboro on April 26`n 9. Adjournment: Motion to adjouron at 8:21 pm (Roth/Gallagher). Motion passed 5-0. Next meeting will be May 21, 2018 at 7:00 pm in meeting room 3 A/B. Michael Healey, Chair Date