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HomeMy WebLinkAboutConservation Comm. 07/16/2018EGEIVELD Town of MansfieldCLERIKS OFFICE Conservation Minutes July 16, 2018 ZOI9 Qel 22 Q 8: 1 U Present: Michael Healey, Chair; Christopher Marcheselli; Aaron Roth; A4,0[ daftaglier; Diane Simms; David Hobaica; Matthew Rieth; Katelyn Gonyer, Conservation and EnVJrb mdhltal P4ikn1�. S 1. Call to Order at 7:04 pm. 2. Certificate of Appreciation: Mr. Healey presented a Certificate of Appreciation to Louis Andrews in recognition of his exceptional service and dedication to the preservation of natural resources. 3. Conservation Restriction — Natural Resources Trust of Mansfield, Fruit Street, Map 34, Parcel 415: Mr. Andrews explained at the 2015 Annual Town Meeting the town voted to approve a conservation restriction on land owned by the town and under the care of the Mansfield Airport Commission. Mr. Andrews noted the land is located on Fruit Street and abuts Rails for Trails as well as Natural Resources Trust land to the north. He said the conservation restriction was needed to fulfill a requirement of the Army Corp of Engineering that a certain amount of property be set aside for open space and conservation. Mr. Andrews said the conservation restriction involves the Quadrant 4 project at the airport. He said the conservation restriction will need to be signed by the Commission in front of a Notary before sending it to the state for their signatures. Mr. Marcheselli made the motion to sign the Conservation Restriction on Fruit Street, Map 34, Parcel 415. Mr. Roth seconded the motion. Motion passed 7-0-0. 4. Request for Certificate of Compliance: Foremarc Realty, LLC Christopher Marcheselli, Mngr. 7 Dutton Drive, Map 40, Parcel 317. DEP SE 211-0942 Mr. Marcheselli recused himself. Ms. Gonyer said this house is located in the far right corner of a four lot subdivision, with only a small portion of the driveway and footprint of the house within conservation jurisdiction. In June the seed had just begun to germinate; today the lawn is in and the stormwater system created adjacent to the house looks great. She recommended a full Certificate of Compliance be issued for 7 Dutton Drive, Lot 3. There were no public comments. Mr. Roth made the motion to issue a complete Certificate of Compliance to Foremarc Realty, LLC Christopher Marcheselli, Mngr., 7 Dutton Drive, Map 40, Parcel 317, DEP SE 211-0942. Mr. Gallagher seconded the motion. Motion passed 6-0-1 (Mr. Marcheselli abstained). Hearing ended at 7:14 pm. 1 5. Request for Certificate of Compliance: Attorney Louis J. Caccavaro, Evelyn I. Allen Trustee, Evelyn Allen Trust, Franklin Street (Westhaver Farms Subdivision). 211-143 Ms. Gonyer said this sub -division was issued a permit in 1989 but the project was never started and the Order of Conditions has since expired; the request for a Certificate of Compliance was filed to close out the permit under DEP SE 211-143 for administrative reasons. The property is located at the corner of Franklin and Winter Streets. There were no public comments. Mr. Gallagher made the motion to issue a complete Certificate of Compliance to Attorney Louis J. Caccavaro, Evelyn 1. Allen Trustee, Evelyn Allen Trust, Franklin Street (Westhaver Farms Subdivision), DEP SE 211-143. Mr. Rieth seconded the motion. Motion passed 7-0-0. Hearing ended at 7:17 pm. 6. Request for Partial Certificate of Compliance: Mansfield-Willowdale Estates, LLC, 54 Willow Street, Map 28, Parcels 11, 12, 118 & 150, Marie Drive and Julia Lane only. DEP SE 211-0931 Ms. Gonyer explained this is a request for a Certificate of Compliance for Marie Drive and Julia Lane only in the Willowdale Subdivision; she noted the Order of Conditions was issued for the roadway only. She said the only jurisdiction was along Cabot Pond; Marie Drive and Julia Lane are not within 100 feet of the pond but since the encumbrance is on the entire subdivision, these two single-family house lots are attached to the Order of Conditions. There were no public comments. Mr. Hobaica made the motion to issue a partial Certificate of Compliance to Mansfield-Willowdale Estates, LLC, 54 Willow Street, Map 28, Parcels 11, 12, 118 & 150, DEP SE 211-0931, for Marie Drive and Julia Lane only. Mr. Rieth seconded the motion. Motion passed 7-0-0. Hearing ended at 7:23 pm. 7. Request for Certificate of Compliance: Lewis Davison, Jr., 10 Roy Road, Map 41, Parcel 453. DEP SE 211-0966 Ms. Gonyer explained this project was for a portion of the driveway only located within 100 feet of Bordering Vegetated Wetland and a Certified Vernal Pool. She said the split -rail fence has been installed and 4" "Environmentally Sensitive Area" discs have been install on every other fence post. Mr. Roth made the motion to issue a complete Certificate of Compliance to Lewis Davison, Jr., 10 Roy Road, Map 41, Parcel 453, DEP SE 211-0966. Ms. Simms seconded the motion. Motion passed 7-0-0. 7 Hearing ended at 7:30 pm. 8. Request for Certificate of Compliance: Slav Kulik, 303 Branch Street, Map 34, Parcel 457. DEP SE 211- 0946v Ms. Gonyer said this is one of three lots permitted on Branch Street. She said the grass is not in, there is still re -grading to be done, the patio bricks have not been installed and the retaining wall is not finished. She recommended the Certificate of Compliance not be issued and the hearing continued until the lawn is in place and all the hardscaping is done; the hearing will be continued indefinitely until the Conservation Commission is in receipt of another letter from the engineer stating full compliance, including germination and stabilization and all hardscaping is finished. Ms. Gonyer said the erosion controls are still in place. There were no public comments. Mr. Hobaica made the motion to continue the request for a Certificate of Compliance for Slav Kulik, 303 Branch Street, Map 34, Parcel 457, DEP SE 211-0946 until the Conservation Commission receives notification from the engineer that the site is in compliance. Mr. Marcheselli seconded the motion. Motion passed 7-0-0. Hearing ended at 7:36 pm 9. Request for Determination of Applicability: Jason & Susan Eno, 161 Brown Avenue, Map 4, Parcel 106. The Request for Determination of Applicability was filed for a septic upgrade within 100 feet of Inland Bank of Greenwood lake. Homeowner Jason Eno was present. Ms. Gonyer said an Administrative Review was issued in June to allow the installation of the septic system. Mr. Eno said the work has not been started but he is in the process of getting estimates for the installation of the septic system and is hoping to start as soon as possible. Ms. Gonyer recommended the Determination be issued for reason #3 There were no public comments. Mr. Rieth made the motion to issue at Negative Determination for reason #3, work will not impact the resource area, to include the following conditions: 1. • Siltation Control to be inspected by the Agent prior to the start of work; • Agent is to be notified when work is finished and areas have been stabilized. Mr. Marcheselli seconded the motion. Motion passed 7-0-0. Hearing ended at 7:40 pm. 3 10. Request for Determination of Applicability: Jason & Debra Wisdom, 8 Keli Lane, Map 40, Parcel 313. The Request for Determination of Applicability was filed for the installation of in -ground pool within 100 feet of Bordering Vegetated Wetland, ACEC and NHESP. Homeowner Jason Wisdom was present. Ms. Gonyer explained the homeowner purchased the property, only to discover they were in violation of the Wetland Protection Act and were responsible for the previous owner's violations; Mr. Wisdom removed the fill. She said Mr. Wisdom is before the Commission tonight for an in -ground pool and fence within the lawn area; there is an existing patio, which will be extended out to the pool area. Ms. Gonyer said she agreed with the wetland line, which was determined when violations were discovered. She said the siltation control will be installed along the edge of the lawn. Ms. Simms asked what the procedure was for draining a pool when there is a septic system. Mr. Hobaica said there really are no rules for Mansfield or any other towns. Ms. Gonyer said there would be conditions attached to the Determination that the water must be de -chlorinated and not discharged to open water. Ms. Simms asked if the proposed pool would create any issues for the rare species on the site. Ms. Gonyer said this project would be exempt because it is a single-family home and whatever is previously developed lawn area would not be habitat; she explained Estimated Habitat is only the review of animal species and Priority Habitat is the review of plant and animal species but not governed by MESA. Ms. Gonyer noted Natural Heritage is trying to eliminate the need for homeowners to have to go through the MESA process. Mr. Marcheselli noted the erosion control is shown on the plan inside the 25 -foot No Touch Area. Ms. Gonyer asked that the 25 -foot area be staked and the erosion control be pulled out of the No Touch Area. Ms. Simms asked about the extension of the patio area. Mr. Wisdom said they might actually pull back the existing patio further from the wetland or remove some of the existing patio and bring the pool in closer to the house so there will be more lawn area. Mr. Healey asked that Mr. Wisdom let the Agent know if there are any changes to the plan presented. There were no public comments. Mr. Marcheselli made the motion to issue a Negative Determination, for reason #3, work will not impact the resource area, with the following special conditions: • Siltation Control to be staked and in place prior to any work being started; • Erosion controls are to be removed out of the 25 -foot No Touch Area; Agent to be notified prior to the start of work; Agent to be notified when Applicant requests a final inspection from the Building Department; All disturbed areas are to be stabilized and seeded as soon as possible. Mr. Gallagher seconded the motion. Motion passed 6-0-1 (Mr. Hobaica abstained). CI Hearing ended at 8:01 pm. 11. Request to Amend Existing Order of Conditions: City of Attleboro — Water Department, Blake's Pond Dam at 250 Balcom Street, Map 3, Parcel 94. The Request was filed to amend the Order of Conditions under DEP SE 211-0968, to include restoration activities. The Order of Conditions was issued on August 3, 2017 to the City of Attleboro and the Commission asked that a request to amend the Orders be submitted to address all the mitigation done under an Enforcement Order. Derek Schipper, Senior Project Manager, GZA GeoEnvironmental, Inc., the engineer and consultant for the City of Attleboro for the construction of the Blake's Pond Dam rehabilitations project was present. The following items were addressed in a letter dated May 15, 2018: 1. Additional repairs to left bank downstream of dam: Mr. Schipper said the slope was to be flattened and jute mesh put in place; he said when he was on site today, this work had not been done. 2. Provide Loam and Seed at right abutment: Mr. Schipper said an additional wetland mix has been put down and has germinated well. 3. Additional Rip Rap at the right side of new sheets: Mr. Schipper said the Town Engineer requested some additional rip rap be placed at the downstream side of the new sheets; this has been done and looks fine. 4. Monitor right downstream area for re-establishment of wetland vegetation: Mr. Schipper said they will continue to monitor the Bordering Vegetated Wetland on the right downstream side of the dam; he said this area looks good. 5. Provide wetland mix at disturbed areas to the right of dam: Mr. Schipper said a wetland seed mix was placed at disturbed areas to right of dam. 6. Delinate/stake 15 -foot -wide path to right of Wading River: Mr. Schipper said the delineation and staking the 15 -foot -wide path has been done. 7. Loam and Seed Dike Crest, Downstream Slope and Downstream Area: Mr. Schipper said the dike area on the downstream side (left) has been foamed and seeded. He said there is some germination now but, because of the dry conditions, they might have to re -seed. 8. Rip Rap on upstream side of dike: Mr. Schipper said rip rap has been placed on the bottom of the upstream slope and jute mesh added. He said they will have to flatten the slope in the area to the left bank downstream of the dam and will probably re -seed in the fall. Ms. Gonyer asked for documentation that shows on-going mitigation 5 Mr. Healey said the area will probably have to be re -hydro -seeded in the fall and, if necessary, re- surfacing of the infiltration basin, which is the primary treatment for the water. He said if the City of Attleboro is going to continue to stockpile materials, there should be a plan to prevent any erosion. Mr. Schipper suggested encapsulating this entire area with a berm. Ms. Gonyer said she is concerned this area will become colonized by invasive species. Mr. Healey said a plan should be submitted to maintain and control the potential for invasive species and stormwater runoff during use and, when it is not being used, to make sure the area is stable. He said this area does not necessarily need to be re -seeded, maybe some type of porous pavement could be used instead. Ms. Gonyer said the City of Attleboro should submit a management plan, to include Mr. Healey's comments. She recommended approval of the request to amend the Order of Conditions, to include the plan of record, "Proposed Blake's Pond Dam Re -habilitation Project Mansfield, Massachusetts, Site Final Conditions Plan" dated May 9, 2018, along with the May 15, 2018 letter from GZA GeoEnvironmental, Inc.; also a management plan should be submitted for the area downstream side of the dike for violations under the Enforcement Order issued to the City of Attleboro. Ms. Gonyer will work with the City of Attleboro Water Department to develop a management plan. There were no public comments. Mr. Gallagher made the motion to accept the request to amend the Order of Conditions for the City of Attleboro Water Department, Blake's Pond Dam at 250 Balcom Street, Map 3, Parcel 94, to include the May 15, 2018 letter from GZA GeoEnvironmental and attached plan of record, "Proposed Blake's Pond Dam Re -habilitation Project Mansfield, Massachusetts, Site Final Conditions Plan" dated May 9, 2018. Ms. Simms seconded the motion. Motion passed 7-0-0. Hearing ended at 8:20 pm Mr. Gallagher made the motion, under the Enforcement Order issued to the City of Attleboro Water Department, Blake's Pond Dam at 250 Balcom Street, Map 3, Parcel 94, that the City of Attleboro continue to work with the Agent on a final maintenance plan for the downstream side of the dike. Mr. Marcheselli seconded the motion. Motion passed 7-0-0. Hearing ended at 8:21 pm. 12. Notice of Intent: Feck Properties, LLC, 283 Gilbert Street, Map 4, Lot 23. DEP SE 211-0974 The Notice of Intent was filed for the construction of a single-family home with appurtenances within the 100 -foot buffer of Bordering Vegetated Wetlands, Isolated Vegetated Wetlands and Priority and Estimated Habitat for Rare Species. Brad Holmes, Environmental Consulting and Restoration, and Stan Feck, Feck Properties, were present. Mr. Holmes explained the Notice of Intent was submitted for the proposed construction of a single- family home with associated grading, septic system and lawn area off Gilbert Street, within the buffer zone of Bordering Vegetated Wetland and an Isolated Wetland. He said the proposed limit of disturbance is shown on the plan and erosion control will surround the work area. Mr. Holmes said he received a notice from abutter Michael Washer; Mr. Washer's comments about the erosion control have been incorporated into the project design and the limit of disturbance will be extended further to the north and a proposed construction apron is now at the entrance to the driveway to prevent dirt from being tracked on to the roadway. Mr. Washer asked for additional erosion controls around the stockpiling areas during construction and the use of a silt fence instead of silt socks; Mr. Holmes said typically they use silt sock but they do not have a problem using a silt fence if the Commission thinks this would be a better idea. Mr. Holmes said an area has been designated outside the 100 -foot buffer for a potential stockpiling area and additional erosion controls will be used to surround these areas. Ms. Gonyer said the wetland delineation is part of the NOI and she agreed with the wetland flags for the Isolated Wetland. She agreed with wetland flags B1-1310, but does not think it is necessary to approve the additional flags 611-1318. Mr. Holmes said for this project, if the Commission is uncomfortable with flags 611-618 and these flags are away from the project area, a note will be made that flags 811-618 are not confirmed as part of this NO1; if flags B11-1318 need to be confirmed, the Applicant would have to come back before the Commission. Ms. Gonyer asked if the limit of work on the front west side of the property, where re -grading for the septic system will be done, could be pulled back so it is not right at the 25 -foot No Touch Zone. Mr. Feck said this can be done. Ms. Gonyer asked that the limit of work on the south/southwest side be pulled back as much as possible and the proposed regrading reduced. Mr. Feck said he would probably build a rock wall off each side of the property. Mr. Healey asked about the lawn area. Ms. Gonyer said the reason she wants to pull the limit of work back is to minimize the lawn area in the front and back of the property. Mr. Holmes said the landscape plantings are included in the Notice of Intent, which would consist of native species and he recommended tall fescue, which requires less water and fertilizer. Ms. Gonyer asked about the drywells in the back; she said she would like to limit what would be lawn area and maintain as much natural area as possible because there are two wetlands on the side of the property. Mr. Feck said the drywells will be moved further back from the wetlands. He said no additional trees will be removed or fill brought in. Ms. Gonyer said a more detailed plan for the hardscaping and final grading would need to be submitted and the limit of work moved five (5) feet off the 25 -foot No Touch Area. Mr. Healey said the Commission will need an approved plan before any work is started; he said it does not mean Mr. Feck can't change the plan but, if changes are made, Mr. Feck would have to have approval for any plan revisions. Ms. Gonyer will do a site visit with Mr. Feck once the limit of work and the foundation have been staked. 7 Jane Ellis, 282 Gilbert Street, said she was concerned about lawn runoff going into the wetland but her concerns were addressed by the fact the Applicant is proposing to mitigate the runoff from the side yards as much as possible. Ms. Gonyer commented the wetland report submitted was very thorough. Mr. Marcheselli made the motion to issue an Order of Conditions to Feck Properties, LLC, 283 Gilbert Street, Map 4, Lot 23, DEP SE 211-0974, for the construction of a single family home with appurtenances within the 100 -foot buffer of Bordering Vegetated Wetlands, Isolated Vegetated Wetlands and Priority and Estimated Habitat for Rare Species with the following 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 (dated 6/18/2018) 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 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; • 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; • 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; R • 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 permanent 4 small disc signs on the subject lot. The locations of the signs 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; • No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; • 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; • Agent to stake out the limit of work and the foundation with the applicant. Mr. Marcheselli seconded the motion. Motion passed 7-0-0. Hearing ended at 9:05 pm 13. Request for Determination of Applicability: VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276. The Request for Determination is for the proposed annual maintenance of mowed area along the facility perimeter fence. Mr. Roth made the motion to close the hearing for VAM Realty Trust, 241 Francis Avenue, Map 30, Parcels 76, 32 & 276 for the proposed annual maintenance of a mowed area along the facility perimeter fence as required by federal law. Mr. Rieth seconded the motion. Motion passed 7-0-0. Hearing ended at 9:15 pm. 14. Correspondence: Request from the Ocean River Institute: Mr. Healey said they are looking to protect inland oceans, waterways, streams and rivers from runoff caused by lawn fertilizers, mainly phosphorous and nitrogen. He said they are asking for the opportunity to come before the Commission and discuss what the D Commission does to prevent the runoff. Mr. Healey said the Commission has limited a number of projects to using natural fertilizers versus synthetic fertilizers; he noted we do not have the resources to check on these projects. He said some towns have passed by-laws to limit the type of fertilizers allowed or not allowed and he said the Ocean River Institute is interested in helping towns put together a by-law to limit the types and frequency of fertilizer. Ms. Gonyer said even if this is not incorporated into the by-law, it can be drafted as a special condition to eliminate the use of phosphorous and nitrogen fertilizers. She said she will follow up with Ocean River Institute. 15. New Business: a. Open Space and Recreation Committee Signage Request: Ms. Gonyer said the Committee would like to purchase twelve (12) signs, to read, "No Motorized Vehicles Within Conservation Land" and outlining what is allowed in Conservation areas for passive recreation. Mr. Marcheselli made the motion to authorize funds, to be taken out of the Mansfield Crossing Account, for Open Space and Recreation signage, amount not to exceed $800.00. Mr. Roth seconded the motion. Motion passed 7-0-0. b. Great Woods Trail Maps: Mr. Marcheselli made the motion to allocate funds, to be taken out of the Mansfield Crossing Account, for Great Woods Trail Maps, amount not to exceed $300.00. Mr. Roth seconded the motion. Motion passed 7-0-0. 15. Old Business a. Request for Determination of Applicability: Perry and Feck, 8 Forest Heights Drive, Map 5, Parcel 189. Tree removal within feet of Inland Bank of Robinson Pond. Ms. Gonyer went out to the property with Mr. DiMascio; a plan, "Tree Stands #1-#4" (trees to be flush cut were approved for removal by Agent) dated May 2018, was developed to designate which trees could be removed. The Negative 3 Determination can now be issued. b. Update on the Mansfield Municipal Airport Vegetation Management Plan: Ms. Gonyer said there were issues with the upland areas of the clearing; she is working with GZA and a Request for Determination will be filed for an invasive species plan because the Order of Conditions has expired; included in the RDA will be remedial work that needs to be done in the upland portions from staging of all the log areas. Because the soils have now been compressed, there are large areas of standing water. c. Approval of May 21, 2018: Mr. Rieth made the motion to accept the minutes of May 21, 2018. Mr. Gallagher seconded the motion. Motion passed 6-0-1 (Hobaica abstained) FB] 16. Adjournment: Mr. Roth made the motion and Mr. Hobaica seconded the motion to adjourn at 9:31 pm. Motion passed 7-0. Next meeting will be August 27, 2018 at 7:00 pm. I�� Michael Healey, Chair 11 Date Id -/ F -/b