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HomeMy WebLinkAboutConservation Comm. 05/20/2019Town of Mansfield Conservation Commission May 20"d, 2019 Minutes RECEIVED TOWN CLERKS OFFICE 10Iq JUN 18 A 8- 49 Present: Michael Healey, Chair; Diane Simms; Sarah Joynes; Aaron Roth; Chris Marcheselli; KatelOWNSFIELD Gonyer, Conservation and Environmental Planner; Christopher George, Recorder; M SSr'ACHUSETTS Guests: Tarsha Huftalen (296 Balcom St.), Stephen Huftalen (296 Balcom St.), Mark Cook (DPW), William McDermott (36 Canoe River Drive), Jim Cranston (Bohler Engineering), Craig Cyganowski (Rim Eng), Chris Cox (Mansfield Electric), Edward Valanzola esq. (520 West St.), The meeting of the Conservation Commission was called to order at 7:10pm by Chair Michael Healey in Town Hall Room 3A/B. Town of Mansfield Vegetation Management Plan for Town Right-of-Wav locations. Ms. Gonyer explains this is a continuation from the last hearing. This is to move forward with the vegetation management plan. Mr. Cook says it's a simple plan in Mansfield. He explains how they spray areas that are curbed and that he does not go near wetlands. He says he tried to cut down the amount of spraying but he's had a lot of requests. He explains they've already had one chemical removed at the request of Town Residents. From the Vegetation Management Plan: Herbicide: Oust Extra Active Ingredients: Sulfometuron Methyl, Metsulfuron Methyl Registrant: DuPont EPA Reg. # 352-622 Application Rate: 2 2/3 ounces to 3 ounces per acre Herbicide: Arsenal Active Ingredients: Imazapyr Registrant: BASF Corp EPA Reg. # 241-346 Application Rate: 2 pints/acre Herbicide: Arsenal Powerline Active Ingredients: Imazapyr Registrant: BASF Corp EPA Reg. # 241-431 Application Rate: 2 pints/acre Herbicide & EPA Reg: Milestone (62719-519) Active Ingredient: Aminopyralid Triisopropanolamine Salt Registrant: Dow AgroSciences Application Rate: 0.069 pounds/1,000 ft2 He says he's the licensed applicator for the Town and that this is the fourth or fifth year for the plan. Mr. Healey fields for questions. There are none. *Motion to determine applicability for the Town of Mansfield's Vegetation Management Plan with a negative determination that the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the act made by Mr. Marcheselli, 2"" by Dr. Roth, Vote 5-0 PASSED a ? atsa { f x Y Chris Cox Mansfield Municipal Electric Department. Installation of underground electric utilities within the Town -owned right-of-way along Justin Drive. Ms. Gonyer explains this is on the backside of Justine Drive. She says it looks like a very typical easement. She says there are some wetlands in the low depressions. She says there is a larger system behind number ten. Mr. Cox explains the project. He says they have an old pole line running through some residential yards. He says they've decided to relocate those lines. He says they'll mark out the easement and will mark out the area of the wetlands to avoid. Ms. Gonyer says some of the depressions are minor. She says there are some larger systems and she verified that not every wet spot was a wetland. She asked how wide apart the right of way is. Mr. Cox says twenty feet. Dr. Roth asks if they will be removing any existing vegetation. Mr. Cox says no. Mr. Healey asks Ms. Gonyer if there are any areas of concern for erosion. Ms. Gonyer says they might want to mark the center line but erosion control won't be necessary. She requests the plant some seed and maintain it as they currently do. Dr. Roth asks how deep they have to dig. Mr. Cox says three feet. Mr. Cox says they've never had a problem in that area but they could have issues in the winter. Special Conditions: Center line at the conduit. Seed and maintain the area. Preconstruction meeting made with Conservation Agent. All disturbed areas to be re -stabilized. Mr. Healey fields for questions. There are none. *Motion to determine applicability for Chris Cox of Mansfield Electric Department for installation of underground electric utilities within the Town -owned right-of-way along Justin Drive with a negative determination three, the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act with the Special Conditions of having a center line at the conduit, seeding and maintaining the area, having a preconstruction meeting with the Katelyn Gonyer, Conservation Agent, and having all disturbed areas re -stabilized made by Dr. Roth, 2"a Ms. Simms. Vote 5-0 PASSED Stephen R. Jr & Tarsho M. Huftalen 296 Bolcom Street Map 3 Parcel93 Removal of five (5) trees and construction of in -around pool with a pave stone walkway within 100 feet of Bordering Vegetated Wetland and the 200-ft. Riverfront Area to a Perennial Stream. Ms. Gonyer gives the floor to Craig Cyganowski. Mr. Cyganowski explains it's an existing house lot and they'd like to build an in -ground pool in that area. He says there are several trees they'd like to take down. He explains the existing septic system is currently in the way. He says the wading river is about two -hundred feet away from the area; along with an intermittent stream. He says because of the narrowness of the existing lot that he'd be within five feet of the twenty foot no touch. He explains the position of the five trees to be removed. Ms. Gonyer says there is only one part where the entire sheet slope goes down. She asks if they'll be regarding the lawn. Mr. Cyganowski says they aren't currently planning that. Ms. Gonyer says it would be advantageous for them to round out and regrade that area. She explains that this will help with scouring. Mr. Cyganowski says they could install silt fence instead of silk socks. Mr. Healey asks if they'll need to relocate any siltation control. Ms. Gonyer says it would depend on how high the grading is. Mr. Cyganowski says they can include extra siltation control at a higher degree. Ms. Simms asks if it can be brought further away from the twenty-five foot area. Ms. Gonyer says they could but they'd be clear cutting into the native tree line and it's an established tree line. She says taking down these five trees would not disturb the native tree line. She prefers they keep things in the existing lawn area. Mr. Healey asks if this parcel is downstream from the Attleboro Water Supply. Mr. Cyganowski says yes. Ms. Gonyer says that the pool area will need to stay within the area shown on the plan. Mr. Healey asks how they would handle the salt being so close to the wetlands area. Ms. Gonyer asks where any of the backwashes would occur. Mr. Healey says on the pad. Mr. Cyganowski says since they're doing cartridge filtration they won't need to backwash. Dr. Roth asks, in general, where the salinity goes after it's been built up. Mr. Cyganowski asks the resident what the pool installer says. Ms. Huftalen attempts to call their pool installer. Mr. Healey explains that people who use the pool, or by splashing, the water will remain on the pavement. He says as it dries the salt will remain and will drain off into the resource area. Mr. Healey says one solution is a French drain with stone. Ms. Gonyer says theyjust don't want any salination to flow into the wetlands during a heavy rain. Ms. Huftalen presents their pool builder, Mike Borgias from Distinctive Pools, to the Commission via phone. He says the salt will not enter the wetlands unless it was purposefully dumped. He said if they ever take water out of the pool they'll need to get a tanker truck. Dr. Roth asks what controls there are for when there is rain. Mr. Borgias says he does not know. Mr. Healey says the most beneficial thing the homeowners can do is to install a French drain. He says this will help protect their property, the wetlands, and foliage around the pool area. Ms. Joynes asks if they test the chlorine level. Mr. Borgias says they due test it for chlorine but they only find the PH level to be high. Ms. Joynes clarifies that an electrode cell transforms salt to chlorine. Mr. Healey asks what happens to the sodium. Mr. Borgias says he doesn't know. Mr. Cyganowski says they can use a quarter inch per foot fished away from the wetlands, put coping on the side of the pool closest to the downhill and use a six inch wide French drain along the other side of the drain and small coping around the edge to address this issue. Ms. Gonyer asks Mr. Cyganowski to include this on the plan. Mr. Healey fields for questions. There are none. *Motion to determine applicability for Stephen R. Jr., & Tarsha M. Huftalen, 296 Balcom Street, Map 3, Parcel 93. Removal of five (5) trees and construction of in -ground pool with a pave stone walkway within 100 feet of Bordering Vegetated Wetland and the 200 foot riverfront Area to a Perennial Stream Drive with a negative determination three, the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act pending site plan revisions to be approved by Katelyn Gonyer the Conservation Agent which will include revision of the siltation control, inclusion of drainage, frog logs and regrading of the depression with erosion control being inspected by the agent prior to being built made by Dr. Roth, 2"d by Ms. Simms, Vote 5-0 PASSED Spaulding & Slve Investments 520 West Street Map 44 Lot 502 & 505 Purpose of project: Construction of a warehouse and office building• a portion of the building associated parking lot and drainage are within 100 feet of Intermittent Stream. Mr. Valanzola introduces himself. He introduces Jim Cranston. He says he's already been in front of the Planning Board with this. He says some of the work is within one -hundred feet of an intermittent stream and they're waiting for comments from Rick Alves. He asks Mr. Cranston to review the plan. Mr. Cranston introduces himself. He shows a color aerial of the proposed project. He says there is a letter from a professional wetlands scientist. He explains there is an isolator row for underground retention. He says the riverfront will be unaffected. He says they have deep cell catch basins with oil filtration. He says any water from the parking lot and/or building will be filtered and treated. He says there is also an eighteen inch outflow. Ms. Gonyer said she was surprised to see such a large green space in the Industrial Park. Mr. Valanzola says this is probably the last in that area. Ms. Gonyer displays the area to the Conservation Commission. She says she's good with their plan as long as it's in congruency with Mr. Alves plan. She said she was happy to see very little trash and it was nicely kept. Mr. Healey fields for questions. There are none. *Motion to determine applicability for Spaulding & Slye Investments, 520 West Street, Map 44, Lot 4 502 & 505 propose construction of a warehouse and office building where a portion of the building, associated parking lot and drainage are within 100 feet of intermittent stream with a negative determination three, the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act and will also be subject to Rick Alves comments and an inspection of the erosion control prior to work by Katelyn Gonyer, the conservation agent, made by Mr. Marcheselli, 2"d by Dr. Roth. 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 at the last meeting the project was reviewed. She says everything was approved except for the grading. She says they're waiting for the land to dry before adding the seed and they're closing the transfer of ownership. Ms. Simms what the motivation is for them to come back for the full. Ms. Gonyer explains they are transferring ownership Ms. Simms she's concerned about a partial compliance. Mr. McDermott says the back isjust too wet to power rake. Ms. Gonyer asks who responsibility this will be. Mr. McDermott says it will be his responsibility. Mr. McDermott says the homeowner has no interest in installing a pool. Ms. Gonyer says this is noted in the as built and they'd require a separate permit. Mr. McDermott says the partial will help them close. *Motion to issue a partial certificate of compliance to 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 with the certificate of compliance excluding an in -ground pool made by Ms. Simms, 2"d by Mr. Marcheselli. Vote 5-0 PASSED No audience members are present. Hockomock Area YMCA Ms. Gonyer says they've already approved this item but it needs to be signed. Status of three (3) trespass issues Ms. Gonyer explains there are three properties with trespass issues. She said it was originally brought up by the NRT and the Open Space Committee has discussed it last October. Ms. Gonyer explains the first is a triangular section of land by National Lumber. She says its Town owned land; listed on the deed as Water Department. Mr. Marcheselli says that property has been there for thirty years. Ms. Gonyer displays the property in question. Ms. Gonyer recommends the Chair write a letter explaining the situation. Ms. Simms asks if it could be sold or leased. Ms. Gonyer says she's not sure but they should start by providing a letter to the land owner. Mr. Marcheselli asks if they could trade the land. Ms. Gonyer says she's looking into that option. Ms. Gonyer offers to write a letter for their and the Open Space Committees review. *Motion to draft a letter regarding the trespass issue by the NRT lumbar site made by Ms. Simms, 2"d by Dr. Roth. Vote 5-0 PASSED No audience in attendance. Ms. Gonyer says the second issue is a right of way easement, owned by the Town, which has a shed built on it. She displays the shed and easement area. She says they may just not know where there property lines. She suggests they write a letter letting them know their location of their shed may need to be removed if necessary. She says this will provide them the option to move it on their own. Mr. Healey says the shed probably needs to move but a letter would be a good start to inform them. Ms. Gonyer says it's all about opening up communication with the residents about potential relocation of the shed from Town property. *Motion to send a letter to the property owners of 31 Rivers Edge Road made by Ms. Simms, 2"d by Mr. Marcheselli. Vote 5-0 PASSED Ms. Simms says, for the third trespass, someone is mowing the property. Dr. Roth says it's where the RC helicopter group meets. Ms. Simms says its Town owned land and is under the jurisdiction of the Conservation Commission. She asks if they are mowing for the RC helicopters. Dr. Roth says it's possible as they have three helipads back there and host national meetings there. Ms. Gonyer says she'll work with Rick Alves on identifying the habitat markers. *Motion to send a letter to the property owner abutting the Town land of Otis Street Map 7, Lot 23, to open the discussion made by Ms. Simms, 2"d by Dr. Roth. Vote 5-0 PASSED 310 West Street Ms. Gonyer says she's met with the owner and Brad Holmes, a wetlands scientist, who came in with a restoration plan. She said the site has been shut down by her and the Building Inspector to work on the interior only. She says there is a siltation control detail that they do not accept hay bales anymore but they have used hay bales along the wetlands area. She provides pictures to the Commission. She says it's not the approved siltation line or the approved siltation control. She notes they have stock piled hay bales near the wetlands. Ms. Gonyer suggests fining them starting today. Mr. Marcheselli suggests they start tomorrow since they did not respond today. Mr. Healey says they should not allow any work on the property until the wetlands are restored. Ms. Gonyer says she's spoken to the Zoning office to suspend all permits until this is addressed. She says she will write another letter and will work it out with the Zoning Officer. *Motion to start issuing fines at $50 a day to the owners of 310 West Street **907** made by Dr. Roth, 2"d by Mr. Marcheselli. Vote 5-0 PASSED No audience in attendance. Discussion of Stormwater Management on Residential property workshop Ms. Gonyer goes over this item for those not in attendances at the last meeting. VAM trash and litter along Corporal Hardy Conservation Area Cd Ms. Simms says they noticed a lot of trash, on their side of the fence line, during their last site visit to Corporal Hardy. Ms. Gonyer says it looks like sediment is building on that side of the fence. She suggests they write a letter asking them to clean the area and can site the Vegetation Management Plan. *Motion to write a letter to VAM Realty Trust in regards to trash and litter along the Corporal Hardy property line to be removed as soon as possible made by Dr. Roth, 2"d by Ms. Simms Vote 5-0 PASSED Update of various accounts under the conservation department/commission Item Tabled. Discussion about acquiring conservation land and conservation restrictions Item Tabled. Stormwater/wetland regulations update Item Tabled. Department/OSRC updates Ms. Simms provides an update on the Open Space and Recreation Committee. She explains how she's had the committee review the Goals and Objectives to determine ownership. She reviews the goals. She asks for the Conservation Commission to consider making the Open Space Committee a permanent Committee before they need to go before the Select Board. Ms. Simms goes over "Next Steps" for each property. Approval of April 22, 2019 minutes *Motion made to approve the April 22, 2019 Minutes made by Ms. Simms, 2"d by Ms. Joynes , Vote 3-0-2 PASSED *Motion to adjourn at 9:14pm made by Dr. Roth, 2"d by Mr. Marcheselli. Vote 5-0 PASSED Michael Healey, Chair Date