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HomeMy WebLinkAboutConservation Comm. 03/11/2019Town of Mansfield Conservation Commission March 111h, 2019 Minutes DWI CLERKS OFFI'; I019 MAY -1 A 8. 5 Present: Michael Healey, Chair; Aaron Gallagher, Diane Simms; Kostas Loukos; Katelyn Gonyer, MAP4SF1ELD Conservation and Environmental Planner; Christopher George, Recorder; MASS ACHU$ Errs:. Guests: Julia Camp (14 Lincoln Rd), Michelle Farley (18 Lincoln Rd), Joseph Lynch (7 Bristol Lane, Foxboro), Edward Valanzola Esq. (15 West St), Sergio Martin (10 Lincoln Rd), The meeting of the Conservation Commission was called to order at 7:14pm by Chairperson Michael Healey at Town Hall in Room 3A/B. Mr. Healey says the Conservation Commission and the Open Space and Recreation Committee both have open positions. Don Benson, JAB Construction LLC, 43-47 High Street, Map 21, Parcel 139, DEP SE 211-0882. Order of Conditions issued April 24`h, 2012. Construction of a driveway within the 100-foot buffer of Bordering Vegetated Wetland and the 100-foot Riparian zone of Rumford River and a second driveway within the 200-foot Riparian zone of the Rumford River. Ms. Gonyer says there was an issue with a land transfer in regards to an old encumbrance on a deed. She was able to help the Town Resident by sending a letter to the attorneys permitting them to move forward. At the time of the plan everything was in compliance. She recommends approving the certificate of compliance. Mr. Healey fields for questions from the Commission and Audience. There are none. *Motion made to permit a certificate of compliance to Don Benson, JAB Construction LLC, 43-47 High Street, Map 21, Parcel 139, DEP SE 211-0882. Order of Conditions issued April 24`h, 2012 made by Mr. Gallagher, 2nd by Ms. Simms. Vote 4-0 PASSED Joseph Lynch, Branch Street Solar Partners, LLC, 251-271 Branch Street, Map 34, Parcels 100,101, 102 (Branch Street Development Partners, LLC). DEP SE 211-0948 Construction of on -grade solar panels with associated site improvements within 100 feet of Bordering Vegetated Wetlands. Ms. Gonyer provides background on this. She says some questions were brought up at the last meeting but there was no representation from the applicant. She says there were questions over the language in the plan Edward Valanzola, esq. addresses the Commission. He represents Branch Street developers. He states that their position is that the certificate should issue consistent with the Order of Conditions that were approved by the previous Commission. He says the land, "Uplands to be Preserved", Ms. Gonyer is referencing is in the plan and in the order of conditions and they aren't trying to change that. He says to draw language from a plan into a certificate of compliance and add conditions that are beyond what's required for the Certificate of Compliance. He says the certificate should mimic the order of conditions and that his client has satisfied those orders of conditions. He says to go outside and beyond that is outside the scope of what the Certificate of Compliance should be accomplishing. He says any issues of what that language means in a plan is something for another hearing. Mr. Healey says the way the program runs is the Certificate of Compliance must come before them in the form of the condition it was ordered in; in this case a solar farm. He says in regards to some other use it would need to come before them. He says although an item was on the agenda for a previous meeting that no one has yet to come before them and no one is present today. He says the Certificate of Compliance is the final step to making sure the Order of Conditions was followed. He references the map provided to distinguish different buffer markers. Ms. Simms asks who owns the upland area. Ms. Gonyer says it's the applicant Joseph Lynch. Ms. Simms says she understands the Order of Conditions and the Certificate of Compliance need to tie in with the land labeled as Preserved Uplands, she asks how it will be preserved in perpetuity when there is a plan put forward on the agenda to build a Cell Tower on said land. Mr. Gallagher says the land owner is allowing them to build a cell tower on this land labeled Preserved Uplands and questions if that's considered preservation. He says by signing this Certificate of Compliance the Commission will lose control over this issue. Mr. Valanzola says he doesn't believe they'd lose control. Mr. Gallagher says the events seem very disingenuous. Mr. Valanzola says although it says to be preserved it doesn't necessarily mean the area won't be touched. He says the area affected for a cell tower is 12,000 sq./ft. out of 74,000 sq./ft. He asks if something can be put in at that size, with additional buffers, and they think it's something that should come before this Commission and the Planning Board. Ms. Simms asks if this is something that would come before the Commission and asks for the language as it's written on the plan. Ms. Gonyer says there are only two instances of the language. She says one is on the layout plan. She says on the planting plan it points to it and says Preserved Uplands. Ms. Gonyer says that this Certificate of Compliance is complete and from their perspective the area is still preserved. She says that all terms and conditions, unless it's included in an ongoing condition, are going to be null in void. She says the hard part is they never asked for this but when the solar farm project came in then so did the preserved terminology on the plan. She says this is a point on the plan they would are making. Mr. Valanzola says that's not something where this was brought during negations with the Commission. Ms. Gonyer says it was brought up specifically in the meeting minutes from the negotiations. She says the language by Mr. DeVellis said that the terminology of preservation was for "the duration of the project." Ms. Gonyer asks if that is considered the duration of the solar farms or the duration of the project. Mr. Valanzola says the question was asked but there was no bartering going on. Mr. Gallagher says that when you say you preserve land, then you're going to preserve the land and nothing is going there. He says they did not have to offer it. Mr. Valanzola says that it must've been put on the plan by mistake and he doesn't believe they were being disingenuous. Mr. Gallagher disagrees it would be put there by mistake. Mr. Valanzola says sometimes they put things in plans to make things look better but he doesn't believe this to be the case. Ms. Gonyer says they did not incorporate it into a CR in the Order of Conditions and says she takes responsibility for that. She says that, at the time, it was a good project and that she didn't think they needed mitigation since that terminology was on the plan. She says another concern is that they received the filing for the cell tower before they approved the plan for the solar farm. She references a new map that she created today to overlay the two plans. She shows the areas in question with the possible plan of the cell tower included. She says the tower itself is pushed down into the 25 foot buffer. She says there may be terms that they can include to turn it into a CR but she will have to take that to Town Council. She says she would like to see the plan held in perpetuity but understands that it may come down to terminology. Mr. Healey says that this was never questioned by the Commission because it was not asked for by the Commission. He says there is nothing in front of the Commission in regards to this land currently, but he suggests that if someone were to come forward to get permission on that; then the Commission will want to protect that area. Ms. Gonyer says they were asked to stand down until this was resolved. Mr. Gallagher says that although it may not have been intentional the way it's being presented is disingenuous. Mr. Valanzola says it was put there to define a buffer area but he's not aware of any plans for them to come forward again. Ms. Gonyer says that from now on she will use suggest proper language to be used on all plans. She says anything with terminology like this will be automatically put under a CR. She says her plan is to attach this as an ongoing condition citing the Plan of Record to make a note because the plan is not recorded. Mr. Valanzola asks if something like that can be put into the Order of Conditions or if it's jurisdictional. Ms. Gonyer says when talking to the Conservation Commission about preserving uplands it sounds like you're planning on preserving uplands under a CR. Mr. Lynch addresses the Commission. He says the intent of the solar project to not cut trees in the area. He says the word "preserve" was bad and it was more in reference to tree clearing. He says it wasn't a word he had a lot of discussion about; it was about not cutting trees down the bike path. Mr. Gallagher says unfortunately the word preserve is on the plan, and as an engineer, that shows intent because it's on the plan. Ms. Gonyer says the options available are to say it's not in compliance and since the project is not in compliance but they need to get the note in the official Certificate of Compliance. Mr. Valanzola says that this would go beyond the order of the Commission. Mr. Gallagher says that if they don't say anything on this Order of Compliance then they don't have anything to deny the project because of them building on the land. Mr. Valanzola says that because it's in the order of conditions that they'll need to come before the Commission and they should argue that point then. He says the certificate of compliance needs to mirror the order of conditions. Mr. Valanzola says that that is jurisdictional and would not be applicable. Ms. Gonyer says this is why she went out to verify the land to determine what is within the jurisdiction and what is a buffer. Mr. Valanzola says that the next person to come forward will need to deal with it. Ms. Gonyer says she just wants to make note of the ongoing conditions. Ms. Simms asks if the potential vernal pool is protected byjurisdiction by 100 yards. Ms. Gonyer says no it's 100 feet. Ms. Simms asks if they received the as built plans with the Certificate of Compliance. Ms. Gonyer says they did not receive ones for each specific unit but they got the as built of the road layout. Ms. Simms asked if the original order of the plans include storm water management. Ms. Gonyer says yes and she has not seen any scouring or channeling. She says there's better infiltration because they've removed some of the payment. Mr. Healey fields for questions from the Commission and from the audience. Julia Camp says she would like to understand the language. She asks if it would be recorded on the deed and has concerns over future projects. Mr. Healey says the Order of Compliance references the Certificate of Compliance which references the deed. He says there will be attachments and it will be in the prevue of the person with the plans. Ms. Gonyer says she's not looking to include anything new but would like to reference in the Certificate of Compliance the "note' (the reference to the preserved terminology). Ms. Camp asks if they can ask Town Council. Mr. Healey says they are planning on it. Mr. Valanzola says that when they say deed they actually mean title. Ms. Gonyer says you'll only see the order and the certificate. Mr. Healey says their jurisdiction is within 100 ft. from any wetlands. Mr. Gallagher asks does this relate to the original plan and is some of this land a part of their jurisdiction. Mr. Healey says yes. Ms. Gonyer says yes. He suggests that it be held in perpetuity because it is in their jurisdiction and since the plan was submitted as a part of the Order of Conditions. He says the preserved upland, referenced in order number 3, is held in perpetuity. Mr. Valanzola asks if they're going to go to Town Council first. Mr. Healey says they should check with Town Council. Mr. Gallagher says that they will need to check with Town Council before issuing the Certificate of Compliance. Mr. Valanzola agrees to hold and continue on April 22, 2019, The Commission agrees with this. Sergio Martinez addresses the Commissions. He said he was present for many of the meetings when it first came up. He said many residents were opposed to this project with a main reason being it's something in the middle of a neighborhood. He says if they allow this today then what's going to happen next within the next 25 years. He says it's not an industrial area anymore and even more families will be moving into the area. He verifies he was present at the vote and it was agreed that no other projects will be take place in this area. Ms. Gonyer asks if he remembers there being any kind of signed agreement or anything that can be cited. Mr. Martinez says it should be on record with the Town. Mr. Gallagher explains the process of the Certificates of Compliance. Mr. Martinez says whatever they approve here should be in line with any previous commitments. Mr. Valanzola says that this particular issue they're talking about never made it into any agreements and that it's focused around not putting the Solar Farm into this area. He says it was not negotiated into anything signed with the Town. He would like to put this off until April. Ms. Gonyer agrees with this and will look into what the other Boards and Commissions have decided upon. Ms. Camp says she has a lot of concern with what the Commission can accomplish. Ms. Gonyer says what is said is different than what makes it into the permit and that is what truly counts in the end. Mr. Healey says that they are banking on the fact that it says it on the plan. Michelle Farley addresses the Commissions and thanks the Commission for their efforts. She says what's noted in the minutes that the language used, "to preserve", makes sense. She says that since the decision is based on the plan and that plans should be referenced moving forward. She worries it will set a bad precedent for any future plans that are submitted. Ms. Gonyer says they will be working on that legal aspect of the conversation. Mr. Loukos says he does believe it should be put off and shown to Town Council. He feels that any reasonable person would see this on a plan and understand that it's to be preserved. Mr. Healey fields for questions. There are none. *Motion made to continue on April 22, 2019 made by Mr. Gallagher, 2"a by Mr. Loukos; Vote: 4-0 Passed IV. Notice of Intent Steve Ruzzo, 251 Branch Street, Map 34, Parcel 100 Construction of a cell tower and associated access road within 100 feet of Bordering Vegetated Wetland and a potential vernal pool. The applicant is not present and has requested this item be tabled until other decisions relative to the Solar Farm have been resolved. There are no audience members present. *Motion made to continue indefinitely made by Mr. Gallagher, 2"d by Mr. Loukos; Vote: 4-0 Passed VI Ojd,Busiriess ::: ` ' Ms. Gonyer provides information on the next Regional Open Space Committee. Department Updates: Ms. Gonyer says they are getting the first draft of the Municipal Vulnerability Preparedness Grant. She says she's submitting a grant for a culvert replacement. They're going to use the action grant from the MVP to enforce it. Ms. Gonyer says she's made a Draft Motion sheet to help the Commission in making motions and asks the Commission to think of any other terminology that should be used in motions. Ms. Simms asks if she's had a chance to look at the pile on Pratt St. Ms. Gonyer says yes but the parcel is currently pending and she has other discussion topics with the property owners. Acceptance of Minutes: December 17, 2018 Ms. Simms requests an edit on the December Minutes. Item tabled for next meeting. February 11, 2019 *Motion made to accept the minutes from February 11, 2019 made by Mr. Gallagher, 2"d by Mr. Loukos; Vote: 4-0 Passed *Motion to adjourn made by Mr. G, 2nd by Ms. Simms; Vote 4-0 PASSED �G qkA, to ov 11 l rU2Pt � Michael Healey, Chair Date