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HomeMy WebLinkAboutConservation Minutes 9/12/199494 OCi 17 Pli 3� 3g MANSFIELD CONSERVATION COMMISSION MINUTES L U SEPTEMBER 129 1994 .,'.rilt_;ETTS ;SENT: Gregory Cauldwell, Jerry Cormier, Marilyn Powers, Paul Sadowski The meeting opened at 7:30 P.M. A motion was made to accept the minutes as amended. (Powers /Sadowski) The motion passed unanimously. 4 -0 -0. The following certificates and orders were approved: SE211 -351 Partial Certificate Lot 2 - Fawn Lane (Sadowski/Powers) 4 -0 -0 SE211 -311 Duplicate Certificate Sturbridge Estates - Lots 3,4,5,8,12,15,27,28 (Cormier/Powers) 4 -0 -0 SE211 -434 Partial Certificate Lot 4 - Newell Lane (Powers/Sadowski) 4 -0 -0 SE211 -416 Partial Certificate Lot 63 Jefferson Road (Cormier /Sadowski)4 -0 -0 SE211 -483 Lot 1 Maple Street Issue as written (Powers/Sadowski) 4 -0 -0 SE211 -479 Lots 1 -4 Howe Street Issue as discussed (Sadowski/Powers)4 -0 -0 PUBLIC HEARING: NOTICE OF INTENT HEARING: (continuation) Paul Boyden, -- Lots 1 -4, Howe Street -- construction of 4 single family houses within 100 feet of a wetland and in a flood plain zone. (SE211 -479) Dick Lewis told the Committee that he spoke with Patty Kellogg of the D.E.P. about the notation on habitat population concerning SE211 -479. Ms. Kellogg stated that it was up to the local boards to determine the necessity of a habitat study oil certain parcels. Commission Sadowski was concerned that this could be a parcel with cumulative effects on the habitat. he was also not comfortable with the D.E.P. phasing of "habitat potential'. Commissioner Powers questioned how much area would be affected because of compensatory flood storage replication. The Commission discussed with the representatives to have the area replicated with the existing vegetation in an area located behind a stone wall. This could be a condition on an Order so that the area is not developed into manicured lawn. A motion was made to close the hearing. (Sadowski/Cormier) The motion passed unanimously 4 -0 -0. PUBLIC HEARING: REQUEST FOR DETERMINATION OF APPLICABILITY: Town of Mansfield -- Intersection of School & Plymouth Streets -- Review and establish wetland boundaries to plan for future construction. MINUTES SEPTEMBER 12, 1994 CONSERVATION COMMISSION 2 Dick Lewis presented the plans on behalf of the Town of Mansfield. The plan of record was revised 9 -9 -94. Mr. Lewis stated that lie and members of the Conservation Commission toured this area recently on a site walk to set the wetland boundaries for possible future use by the Town. He stated that much of this area was determined by the herb layer In most cases the Commissioners confirmed the location of the wetland as established In the past the Conservation Commission has encouraged the wetland identification process prior to plan development. Though the Commission did express concern over the fact that the Town had no plans for this parcel. Mr. Carl Clemmey - South Main Street, (a concerned resident) stated that for the record he would like to know if the Conservation Commission would walk any parcel of land that had been flagged to determine the wetland boundaries at this time of year. The Commission stated that if the boundaries had been determined then they could and have walked sites to establish the accuracy of the flagged wetlands. Mr. Clemmey stated that he would like to see test borings done on this site in March. He also stated that he did not want that parcel to be used for a fire station. Chairman Cauldwell stated that the Town should be made aware that the wetlands were determined by the herb layer and that the area could change seasonally. However if the boundaries are accepted tonight then they would be established as the legal boundaries for three years. A motion was made to close the hearing. (Sadowski/Cormier) The motion passed unanimously 4 -0 -0. A motion was made to give a POSITIVE ONE determination. (Powers /Sadowski) The motion passed unanimously 4 -0 -0. A motion was made to send a cover letter to the Board of Selectmen and The Town Manager to express the concerns of the Commission in regards to this parcel. Copies of this memo will be sent to the Town Engineer and the Fire Chief (Powers /Sadowski) The motion passed unanimously 4 -0 -0. PUBLIC HEARING: NOTICE OF INTENT Edward Jerome, - -Lot 108 Bird Road, Construction of driveway across a wetland to access an area to build a single family home. Mr. Ralph Maloon represented the applicant. He submitted a set of plans revised 9- 12 -94, as per the sitewalk. Mr. Lewis asked if a house could be built on the fiont part of the parcel. He also asked that the compensation/replication area be drawn in 20 scale to show more detail. Commissioner Sadowski asked if this project had been discussed with the Army Corp. of Engineers? He questioned if this area would require a federal permit. His other concerns were the location of the house at the back of the lot, and the success of the replication area. He was unsure if we could write an order to protect the area. Commissioner Powers was also concerned over the fact that this was located in the ACEC, she was not ecstatic over the location and the hydraulic connection of the replication area. She asked if the fiont of the parcel could be used as an alternative. Chapman Cauldwell asked the applicant if the abutter would allow him to use his land to access this back portion of the parcel. He stated that the applicant had to prove that there was no reasonable alternative access to his land. He also asked if he could draw plans that would show the house on the fiont portion of the lot. A motion was made to continue this hearing. (Powers /Sadowski) The motion passed 4 -0 -0. MINUTES SEPTEMBER 12, 1994 CONSERVATION COMMISSION 3 PUBLIC HEARING: V.A.S. Land Corp.; -Lot C, East Street -- Construction of single family house and associated work within 100 feet of a wetland. (SE211 -487) Mr. Ralph Maloon represented the applicant. He submitted plans revised 9- 12 -94, as per the sitewalk. Commission Sadowski asked if the siltation control could be pulled back towards the drywell area. He felt that it was too close to the wetland. He also asked if the drywell could be moved closer to the house. Commissioner asked if there was an approved Board of Health Plan. A motion was made to close the hearing. (Sadowski/Powers) The motion passed unanimously 4 -0 -0. PUBLIC HEARING: ABBREVIATED NOTICE OF INTENT: Andres Gazzolo, 10 Reservoir Street -- regrading of approximately 50 square feet of site adjacent to parking area within 100 feet of a wetland. Mr. Bill Buckley represented the applicant. The area was flagged by Drown Engineering. Mr. Buckley told the Commission that they were proposing to regrade an area of about 50 square feet. He stated that he was proposing erosion control barriers to protect the buffer zone. He showed the Commission the plans which showed the proposed conditions. He stated that the grading should encroach 6 feet into the buffer zone. The area should have a 2 -1 grade. The work would be done in the fall to be completed on or before November 1,1994. Commissioner Sadowski stated that he had observed the bottom of the silt fence needed to be dug in. Mr. Buckley stated that the fence was put up as a guide to the limit ofwork. The fence is well outside the buffer zone. The hearing was opened to the public for questions. Mr. Dan Clemmey-So. main Street (an abutter) stated that the corner of the building is close to the buffer zone. he asked if he could see an as -built plan of the buildings. M. Clemmey asked if the engineer could certify the footprint of the building. Mr. Buckley stated he could. Mr. Clemmey questioned the wetland line stating that lie felt they were working within the buffer zone and the area of grading was not 50 feet but closer to 1000 square feet. There were no other questions or comments fiom the audience. A motion was made to continue the hearing. (Powers /Sadowski) The motion passed unanimously. 4 -0 -0. PUBLIC HEARING: NOTICE OF INTENT (continuation) Allen Willis -- Willow Street -- construction of roadway and drainage systems within 100 feet of a wetland. (SE211 -481) Mr. Ralph Maloon represented the applicant. He submitted a revised set of plans dated 9- 12-94 as per the site walk. The Commission reviewed this area during a recent sitewalk. Commissioner Powers noted the following flagged areas 463 -78, #42 -10 as defined. The following flagged areas were either not located or defined #33 -24, #9 -1- were not defined and there were BV W reserved rights on the rest of the lots. A motion was made to close the hearing. (Sadowski/Powers) The motion passed unanimously 4 -0 -0. MINUTES SEPTEMBER 12, 1994 CONSERVATION COMMISSION 4 PUBLIC HEARING: NOTICE OF INTENT (continuation) Falco, Inc.--Monahan Lane, Tara Estates -- construction of roadway and drainage system with proposed 4600 square feet of wetland alteration. (SE211 -481). A letter was received fiom the applicant stating that they would like to withdraw their application on this project. Commissioner Powers stated that Dick Lewis should send a letter to the applicant stating that the Commission had closed the hearing and that the wetland area had not been defined. A motion was made to administratively close the hearing and to send a letter(ce D.E.P.)to the applicant stating the wetland line had not been defined. (Powers /Sadowski) The motion passed unanimously 4 -0 -0. PUBLIC HEARING: REQUEST FOR DETERMINATION OF APPLICABILITY: Town of Mansfield - -Maple Street -- Installation of sidewalk between Jennifer Drive and Franklin Street. Mr. Robert Swanson, Town Engineer, represented the applicant. Mr. Swanson stated that recently the Town had reclaimed Maple Street, during that time the residents of 558 Maple Street had requested a sidewalk for their handicapped child. He noted that the Board of Selectmen had not voted to approve this requested as of this date. Mr. Lewis commented on the stabilization of the back side of the sidewalk, he suggested that a slope of 3 -1 with loam and seed. Commissioner Sadowski asked why were their stakes off the edge of the road by 22 -24 feet. It was noted that these were the property line corners. Commissioner Powers noted inconsistencies with the Plan of Record. She stated that the catch basins are illustrated to be in the middle of the street when in fact they are not. Chairman Cauldwell asked were the wetland compensation would be. The Commission felt they needed to review this area with a site walk. A motion was made to continue the hearing. (Powers /Sadowski) The motion passed unanimously 4 -0 -0. PUBLIC HEARING: REQUEST FOR DETERMINATION OF APPLICABILITY: Michael Hinchey - -9 Robinson Court -- filling and grading work in backyard for landscape proposes within 100 feet of a wetland. Mr. Michael Hinchey represented the applicant. Mr. Hinchey stated that the applicant would like to put in a boulder retaining wall and grade a small area of his yard to by used for recreation.. Commissioner Sadowski stated that the edge of the pond is the end of the wetland there was no other vegetation passed that point. Commissioner Powers stated that the area was generously flagged. A motion was made to close the hearing. (Sadowski/Powers) The motion passed unanimously 4 -0 -0. A motion was made to issue a NEGATIVE THREE determination. (Sadowski/Powers) The motion passed unanimously 4 -0 -0. MINUTES SEPTEMBER 12, 1994 CONSERVATION COMMISSION 5 HODGES BROOK SE211 -356: The Commission discussed the Hodges Brook Project: they stated that they would like to see the plans revised to show where the detention area should be The would also like Mr. Lewis to send a letter to RIM Engineering stating they had questions on Lot 17 and they would be scheduling a sitewalk for September 19, 1994. WILLIAMS STREET BRIDGE: The Commission briefly discussed Williams Street Bridge. They had not received plans yet from the State. MILL POND PROJECT: The Commission asked that this project be scheduled for an upcoming meeting so they may review. The Commission will have to make a determination of the scope of the work. NEW BUSINESS: Mike Madon, an Eagle Scout applicant is interested in maintaining a trail in Maple Park. 11te Commission discussed this project and generally thought that it was a good idea to get started. JENNIFER DRIVE: The commission discussed the possible release of $2500 fiom the bond on Jennifer Drive. A motion was made to release $2500 from the Bond on Jennifer Drive and that the area would be reviewed in June, 1995 (Powers /Sadowski) The motion passed 4 -0 -0. A motion was made to adjourn the meeting. (Sadowski/Powers) The meeting closed at 11:45 p.m. The next meeting was scheduled for September 19, 1994 to review, no public hearings would be set for that meeting, Respectfully submitted: Maureen R. Doherty Secretary