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HomeMy WebLinkAboutConservation Comm. 04/22/2019Town of Mansfield Conservation Commission April 22nd, 2019 Minutes RECEIVED TOWN CLERKS OFFICE 2011 MAY 21 A 10; 14 Present: Michael Healey, Chair; Aaron Gallagher; Diane Simms; Kostas Loukos; Sarah Joft*;ImtQftD Gonyer, Conservation and Environmental Planner; Christopher George, Recorder; M16S,UHUSETTS Guests: Robert Turner, Edward Valanzola Esq, James Farley, Robert Camp, Joseph Lynch, 1 I�Lryet mp Catld to Or1er , " The meeting of the Conservation Commission was called to order at 7:01pm by Chair Michael Healey in Town Hall Room 3A/B. Town of Mansfield. Vegetation Management Plan for Town Right -of -Way locations Ms. Gonyer explains this is from Mark Cook. She says the old plan is expiring and this is a new plan. She says the plan hasn't changed much. Ms. Simms asks why it doesn't list what's going to be used. Mr. Healey says it lists a number of potential chemicals depending on the situation in place. Ms. Gonyer says a lot of the herbicides are changing and it could have been left open for that purpose. Ms. Gonyer says the Commission can motion to continue until she speaks with Mark Cook. Mr. Healey fields for questions. There are none. *Motion made to continue for Ms. Gonyer to follow up with Mark Cook over what herbicides will be used made by Ms. Simms, 2"d by Mr. Gallagher. Vote 5-0 PASSED Iil R_equesoett��cq_tef,Copnie r 191 Old Elm Street Map 6 Parcel 36 Replacement of septic system within 100 feet of bordering Vegetated Wetlands. DEP SE 211-0821 Ms. Gonyer says this is for a septic repair. She says the site is all just grass and there is no sign of where the work was done. She displays the as -built to the Commission dating back to 2008. Mr. Gallagher asks if they are selling the property. Ms. Gonyer says yes. The Commission views pictures of the property. Mr. Healey asks if it would be considered a minor adjustment. Ms. Gonyer says yes. Mr. Healey fields for questions. There are none. *Motion made to grant the request for Certificate of Compliance for 191 Old Elm Street, Map 6, Parcel 36, Replacement of septic system within 100 feet of bordering Vegetated Wetlands. DEP SE 211-0821 made by Mr. Gallagher, 2"d by Mr. Loukos. Vote 5-0 PASSED Robert Turner, Cedar Heights, LLC, Francis Avenue, Map 30, Parcel 77. Construction of a residential apartment complex, with proposed filing of a portion of an isolated wetland area, with compensation provided, with grading and other activities proposed within 100 feet of wetland resource areas. DEP SE 211-682 Ms. Gonyer provides the Commission with an as -built plan. Ms. Gonyer says the question within the Order of Conditions is performance standards in regards to filling. She says in June of 2003 there's a motion to approve the project under the state act but deny it through the Town. She explains there were changes to underground storage and to above ground retention. Ms. Gonyer shows the original plan to the Commission. She shows pictures of the property. She says her biggest concern is the runoff and the amount of debris from residents. She recommends the debris be cleaned up. She said she didn't have the as -built plans and can't verify a replication was done. Mr. Turner addresses the Commission. He says the as -built he has, from March 2006, which the engineers agreed the project was completed in compliance. He says he did hire a landscaper to replicate the area. He says at the time he walked the area, with the then current Conservation Agent, and he believes she had signed the plan. He says the plan was well supervised by the building inspector. He says he's comfortable with what they did. Ms. Gonyer says the amount is about 1,200 square feet of replication. She says her concern is the debris to be removed and verification of the replication. She said the retention pond looks good; lots of cat tails. She says the wetlands to the east look good. She says they're thick and healthy. Mr. Healey says one of the main features permitted is the storm water management. He says based on Ms. Gonyer's information the retention pond is functioning well. Ms. Gonyer agrees and goes through the condition of the wetlands. Mr. Turner says there were people cutting through and they tried to eliminate any access to that back area. He says he has the original copy of the plan that says everything was built in compliance of the plan. He says the Town did come in to install electric service to a neighbor and they had been on the easements. Mr. Healey says, from the pictures, is that the roof drains are letting water out to the landscaping area. He says now they require dry wells. Mr. Turner says the intent was to have them drain into the retention pond. Mr. Healey asks Ms. Gonyer what she thinks the stability of the landscaping materials in the back. Ms. Gonyer says it's probably just because it's an upland species of grass that's experiencing heavy water flow. She says there is also a large amount of moss. Mr. Turner says there is an irrigation system in place and it is mowed by a landscaping company. Ms. Gonyer says it's stabilized and is just very wet land. Mr. Healey fields for questions. There are none. Mr. Healey says he'd like to see some policing of the trash. Mr. Turner says he never goes back there but their landscaping is great. He said he'll ask his landscaper to add this to his list of ongoing maintenance. *Motion made to issue Certificate of Compliance for Robert Turner, Cedar Heights, LLC, Francis Avenue, Map 30, Parcel 77. Construction of a residential apartment complex, with proposed filing of a portion of an isolated wetland area, with compensation provided, with grading and other activities proposed within 100 feet of wetland resource areas. DEP SE 211-682; with the Certificate being held by Ms. Gonyer until trash is cleaned up made by Mr. Loukos, 2nd Mr. Gallagher. Vote 5-0 PASSED William McDermott, 445 Fruit Street, Map 36, Lots 161-164. Construction of a single-family dwelling with associated appurtenances, including an in -ground pool within 100 feet of a Bordering Vegetated Wetland. (Notice of Intent was filed by the Town of Mansfield, owner of the vacant lots). DEP SE 211- 0912 Ms. Gonyer says this is an Order of Conditions from a few years ago. She says this item may be a little premature for the Conservation Commission and she asks them to hold this until the next meeting. Mr. Healey fields for questions. There are none. *Motion to hold until the next meeting made by Mr. Gallagher, 2"d by Ms. Simms. Vote 5-0 PASSED Slav Kulik, 303 Branch Street, Map 34, Parcel 457. Construct a single-family house with associated utilities including sewer in Branch Street within 100 feet of Bordering Vegetated Wetland. DEP SE 211- 0946 Ms. Gonyer says this is one of the three lots next to the solar field. They had requested the certificate but it wasn't ready. Mr. Gallagher says it looks way better than it previously did. Ms. Gonyer wanted to make sure they stayed within the yard and she says it looks like they did. Ms. Gonyer recommends issuing the full certificate. Mr. Healey fields for questions. Ms. Simms says she did find some debris when visiting the area and says it's minor. Ms. Gonyer says she can add a note to clean up the debris. *Motion to issue the certificate of compliance for Slav Kulik, 303 Branch Street, Map 34, Parcel 457. Construct a single-family house with associated utilities including sewer in Branch Street within 100 feet of Bordering Vegetated Wetland. DEP SE 211-0946; with a request for Ms. Gonyer to hold until debris is cleaned up made by Ms. Simms, 2"d by Mr. Loukos. Vote 5-0 PASSED Joseph Lynch, Branch Street Solar Partners, LLC, 251-271 Branch Street, Map 34, Parcels 100, 101, 102 (Branch Street Development Partners, LLC). Construction of on -grade solar panels with associated site improvements within 100 feet of Bordering Vegetated Wetlands. DEP SE 211-0948 Mr. Valanzola introduces himself to the Commission. He says Ms. Gonyer has been very helpful. He says he believes all general conditions have been satisfied. Ms. Gonyer says the biggest issue with not issuing the Certificate of Compliance was the 74,000 square feet labeled as Upland Preserved. She says they really need to decide if the note on the plan is something that could be put into regulation in perpetuity. She says moving forward, if anything is mentioned as land to be preserved it should be required to have a CR. Mr. Gallagher asked if they have spoken to the Town Attorney. Mr. Loukos agrees with this. Mr. Gallagher says he has concerns over the language and they do have jurisdiction over the 74,000 square feet. Ms. Gonyer says it has been put in front of the Town Attorney. 3 Mr. Valanzola says if the applicant for the cell tower had not submitted a request then this wouldn't have been an issue. He says the fact that someone else has filed something should not come into play. He says this only 12% of the property and what's to be put there is up to future boards. He says it's outside of the scope of the commission and they shouldn't be adding to it. Mr. Healey says he agrees to the point if they haven't come forward with a plan for the land then this wouldn't be a concern but because there was one submitted this is where the concern comes from. Ms. Simms agrees that the Condition should match the Certificate. She requests Ms. Gonyer bring up the storm water management plan. She says within the NOI that section 3 is a proposed condition and it talks about it being an ongoing project. She says there is a standalone paragraph, in that section, describing the 74,000 square foot area will be preserved. She says that she considers this a term and condition. She says that every map does say preserved; just in different terminologies. Mr. Valanzola says they aren't trying to change any language on the maps. He says any other documents of the Order of Conditions should be included in the Certificate of Compliance. He says what they're (The Commission) is doing is considering something they shouldn't be considering. He says this is an issue for the next applicant. Ms. Simms says that the Certificate of Compliance should match the Order of Conditions but the Order of Conditions should match the language in the Storm Water Management plan; which is ongoing. Ms. Simms asks Ms. Gonyer to reference page 30. Ms. Gonyer displays the information. Mr. Healey notes that in the NOI, Section 3. Proposed Conditions do state large 1.7 acre upland is to the south of the site between the walking tail and the wetlands will be preserved. Ms. Simms references the Order of Compliance having the language to follow all Proposed Conditions. Mr. Healey says since the Storm Water Management does have that information and they do reference those documents when issuing the Certificate of Compliance. Ms. Gonyer says what the Commission needs to determine is if this project is in compliance or not. Mr. Healey says that sometime in the future, who wanted to something else, that they could go back to reference these other documents. Mr. Valanzola asks they vote on this as if the cell tower Notice of Intent had not been submitted. Mr. Healey says there is language there that represents the Wetlands Protection Act and if someone came forward for a project with that area they would need to deal with that terminology then. Ms. Gonyer says the project is expired, the solar project is in compliance, and the land is currently preserved under this Certificate of Compliance. Mr. Healey asks what the plans with replacing some of the plantings are. Mr. Valanzola says he doesn't think this is under the Conservation Commission's jurisdiction. Mr. Healey says a lot of this land is upland which is under their jurisdiction. Ms. Gonyer says she did visit the site and there are potential vernal pools there. She says they need to look at these two projects separately. She says if she ever sees the words preserved on a plan again that she will request a CR. Ms. Simms says, from her point of view, that the land being preserved is an ongoing condition. Ms. Gonyer agrees and that is something that will affect anyone submitting further plans for that land. She says she sees the land being able to be preserved but it's not within this Order of Compliance but will be held as an ongoing condition. Ms. Gonyer says she received some emails from abutters and there were some concerns with buffering. She wants their concerns to be upheld. She says she walked the entire parcel and through the wetlands. She says there is a concern about noise and that you can hear a high pitch humming coming from a transformer on the access path. She says it's a very high pitch noise that could deter nature and wildlife in that area. She says she could not hear anything from the Vernal Pool but there were concerns from some neighbors. She says that's not under their jurisdiction but something she observed. Mr. Healey fields for questions. Mr. Farley addresses the Commission. He says a lot of concerns were brought up at past meetings. He says any reasonable person looking at the written statements, plans, and documents that the parcel is clearly preserved. He says he's provided those documents that show this information. He says he doesn't care how it's preserved but that it is preserved. He wants to ensure that deal is upheld with the Town of Mansfield. Mr. Camp addresses the Commission. He suggests the Commission talk to Town Council. He says he feels as though this project's process was rushed. He has a copy of the lease with the cell phone company. He believes, based on the actions of the past, that they (Branch Street Development Partners) are being disingenuous. He says he's contacted people at the company about some planting issues and has never heard back. He says he can hear the humming noise from his back yard. Mr. Loukos says that the Commission should talk to Town Council. Mr. Healey says the guidance they'd seek from Town Council would be used in preserving the 74,000 square foot. He says he doesn't want to downplay any of the other issues but those other issues are outside of the Conservation Commissions jurisdiction. Mr. Healey says the terminology on the plans and the ongoing conditions are something to be upheld if someone comes forward with plans for that parcel. Ms. Gonyer says she doesn't believe they can challenge something that is not a part of this Certificate of Compliance and that they can cite the ongoing conditions. She says this would then place it on the applicant coming forward to prove the land will be preserved. Mr. Gallagher agrees with this. Mr. Valanzola says the abutters should contact the building inspectors on those further issues and that none of these issues have been brought to their attention. He says, on the proposed cell tower, that it's only 12% of the area. He says that's a fight for another day. Ms. Gonyer feels that this conversation isn't for right now. She says there is a major issue of the vernal pool and that will be an issue for the cell tower project. Mr. Valanzola says he isn't speaking for the cell tower project. Mr. Camp says he has let Mr. Lynch know on multiple occasions about these issues. Mr. Healey says he understands the concerns he's expressed but they're not under the jurisdiction of this Commission. Mr. Camp says he understands but he wants it understood he wasn't ambushing anyone with information and has submitted these complaints to Mr. Lynch in the past. Mr. Healey says he needs to contact the Building Inspector. Mr. Healey fields for questions. Mr. Farley addresses the commission. He says if they vote to approve, then is there any way to make reference to this. Mr. Healey says the Order of Compliance does note this information. Ms. Gonyer shows Mr. Farley and the audience the actual Certificate of Compliance to provide a better understanding. *Motion to issue a full Certificate of Compliance for Joseph Lynch, Branch Street Solar Partners, LLC, 251-271 Branch Street, Map 34, Parcels 100, 201,102 (Branch Street Development Partners, LLC). Construction of on -grade solar panels with associated site improvements within 100 feet of Bordering Vegetated Wetlands. DEP SE 211-0948; with ongoing conditions 2, 13, & 14 coming from the special order of conditions made by Mr. Gallagher, 2"d by Mr. Loukos. Vote 4-0-1 PASSED 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 Ms. Gonyer makes the recommendation to pull this application. Mr. Gallagher agrees. Mr. Healey fields for questions. Mr. Farley asks if they withdraw will they be notified by registered mail. Ms. Gonyer says yes. Ms. Simms suggests going to the Town of Mansfield website to receive notifications of upcoming meetings. Ms. Gonyer says they can always contact her directly. *Motion to withdraw the Notice of Intent for 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 made by Mr. Loukos, 2nd by Ms. Simms. Vote 5-0 PASSED Hockomock Area YMCA Mr. Healey says this is for a 3 year extension of License Agreement with the Town of Mansfield Conservation Commission. Mr. Gallagher asks if the dates are right because it showing February 1, 2020. Ms. Gonyer says she goes down there once a year and says they're good caretakers of the land. Mr. Healey fields for questions. There is no one present in the audience. *Motion made to grant the Hockomock Area YMCA a three year extension of License Agreement with the Town of Mansfield made by Mr. Loukos, 2nd by Mr. Gallagher. Vote 5-0 PASSED 310 West Street Issues Ms. Gonyer says she's working with the building inspector. She says there is a stop work order and they had the electricity pulled. Ms. Gonyer says she told the owner to install siltation control. She says the river is not protected from the building. She's met on site with their wetlands scientist and she received the planting plan. She said there is an issue with payment from the land owner to the wetlands scientist. She says Mr. Azinheira has issued a stop work order. Mr. Healey asks if they should discuss a deadline date and if it's not started by then, then fines should be started. Mr. Healey suggests a date of May 1 2019. Ms. Gonyer agrees with this date. Ms. Simms asks if the Conservation Commission has a process and a history with placing fines. Ms. Gonyer says no but she wants to start. Mr. Gallagher asks if they can put a reasonable end date on this. Ms. Gonyer says yes but to provide them ample time. Mr. Healey suggests July 1, 2019. The Commission agrees to this. *Motion made to issue the letter to start of remediation must be started by May 1, 2019 and must be complete by July 1, 2019 or they will incur a fine each subsequent day after July 1, 2019 to the satisfaction of the agent, Katelyn Gonyer, made by Mr. Gallagher, 2nd by Ms. Simms. Vote 5-0 PASSED Update from Open Space and Recreation Ms. Simms provides an update. She says they did their first trail walk. She says there was one resident. Ms. Gonyer says the Chair of the Planning Board attended. She says she'd like the next one to be a property with a vernal pool. She says this will really help the Conservation Commission assess these trails. Ms. Simms says they have started to go through the Open Space charter. She wants the Committee to decide what its goal is. She says one of her actions is that they each sponsor a Town Trail; so that someone is observing a trail on a constant basis. Ms. Simms says there were trespass issues brought to their attention at her first meeting. She says that Committee doesn't have the ability to say what those actions could be and that it would come to the Conservation Committee. Ms. Gonyer says this is something to put on the agenda for the next Open Space meeting and they can then present that information the Conservation Commission. Ms. Simms requests the 3 properties be officially put on the agenda for next meeting. She lists the properties. Department Updates Ms. Gonyer says that Ms. Simms and she have attended the fourth Regional Open Space meeting. She shows pictures of egg masses from the event. Approval of March 11 2019 minutes *Motion to approve the March 112019 minutes made by Mr. Gallagher, 2nd by Mr. Loukos. Vote 4-0-1 PASSED *Motion to adjourn at 9:14pm made by Mr. Gallagher, 2"d by Ms. Simms Vote 5-0 PASSED 4,ft� f. J�ti c- Michael Healey, Chair ` Date-----