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HomeMy WebLinkAboutConservation Minutes 4/11/1994,�.'11� -ICU _ _0Q VNj 6Flr&LXNSFIELD, MASSACHUSETTS ` 01 50 West Street, Mansfield, MA 02048 St} J`Jl'130 iii 3� MANSFIELD' eWSERVATION COMMISSION AGENDA MONDAY, APRIL 11, 1994 7:30 CALL TO ORDER 7:50 REQUEST FOR DETERMINATION OF APPLICABILITY: Daniel P. Sullivan- - 10 Tracey Circle (lot 2, Deerfield) -- Installation of above - ground pool with associated grading 8:00 WETLANDS PROTECTION ACT HEARING: Remus Realty Trust- -Lots 82A & 83A, Massapoag Est. -- Completion of detention area including drainage outlet and stone swale, related grading 8:20 WETLANDS PROTECTION ACT HEARING: Patrick & Eileen Walsh- -Deer Path Lane, M. 134; p 106 -7 -- Construction of Deer Path Circle and related utilities within 100 ft. of wetlands 8:40 WETLANDS PROTECTION ACT HEARING CONTINUATION- -SE211 -457 Remus Realty Trust- -Lots 19 -24, 64 -67, & 100: Patty's Rd. & Elyse Rd. -- Houses, driveways, related grading within 100 ft. of wetlands 9:00 WETLANDS PROTECTION ACT HEARING: Timothy J. Murphy- -614 Maple St.-- Construction of garage within 100 ft. buffer zone 9:15 WETLANDS PROTECTION ACT HEARING: William Bertarelli - -31 Bird Rd. -- Construction of single family house with associated grading within 100 ft. buffer zone AS TIME ALLOWS: MINUTES ORDERS OF CONDITIONS CERTIFICATES OF COMPLIANCE NEW BUSINESS MANSFIELD CONSERVATION QI Mt §SION MEETING MINUTEST 4-414 Page "l l i1 9t, Jum 30 K? 3* 09.: Members Present: Chairman Cauldwell, Commissioners. ormier, Oberlander,. Powers, Sadowski, Smith, Weidner'. - BYLAW CHANGES PROPOSED BY PLANNING BOARD:' Shaun Burke discussed the proposed zoning bylaw changes, which now have a basis in the Zone II study, which lays out defensible borders for - water protection district overlay and has been accepted by DEP. Bylaw for . overlay district reviewed_; it is based on draft provided by DEP.. More restrictive, more.legally defensible. Commission will review before taking stand. REQUEST FOR. DETERMINATI.ON OF APPLICABILITY: Daniel P. Sullivan - -10 Tracey Circle (lot 2, Deerfield) - Installation of above- ground pool With associated grading, Mr. Sullivan proposes to cut into the grade, to make the area level for the pool; three drain pipes running away from the wetlands for filter systems; etc. 12' x 18' deck as well (about 18 feet from the wetlands; two oak .trees to be cut down; no excavation for deck other than digging footings. MOTION:To close the hearing. (Oberlander:= Powers, all in favor, Weidner abst.) VOTED : MOTION: To issue a negative #3, specifying diatomaceous earth filter. (Powers Smith, all in favor; Sadowski /Weidner abst.) VOTED'.. WETLANDS PROTECTION ACT HEARING Remus Realty Trust- -Lots 82A & 83A; Massapoag Estates No file number issued; DEP. noted engangered species area, . Ralph,: . . Maloon has -responded by letter, but still no number received. Ronald Bonvie present also. Wetlands line shown. Project had an order which expired. A temporary easement which will allow compensation work to be done has been added to the lot 83A plan; Mr. Maloon will add it, to this plan also. This work. will be done as soon as possible, as part of the "phase 2" portion, of the project._ Mr. Bonvie's sense is that it will be done within one construction season. Will be filling the excavated area with same kind of material that was originally there. MOTION :. To continue to 4 -28 at 7:55. (Powers - Weidner; all in favor, Smith abst.) VOTED MANSFIELD CONSERVATION COMMISSION MEETING MINUTES; 4 -11 -94 - Page WETLANDS- PROTECTION ACT HEARING: SE2.1 -465:. Patrick &Eileen Walsh- -Deer Path Lane, Map 134, p 106 -7 -- Construction. of Deer Path Circle and related utilities within 100 ft. of wetlands. This project is a re filing. of one. for which the order expired. It will tap into_ drainage which already exists. Comm. Powers felt that due to the transitional nature of wetlands on the site, another field walk is in order. MOTION :: To continue (with site walk on 9 -16 at 7:30 a:m.) to 4 -28 at 8:00: - (Powers - Sadowski; all in favor) VOTED MINUTES: _ MOTION:. To approve the minutes of 4-4-940 (Powers- Oberlander,• all in favor) VOTED . ORDER OF CONDITIONS SE211 1458. Rev. date of 4 -11 -94 on plan MOTION: To issue as discussed: (Powers - Sadowski; all in favor, Smith.abst.) VOTED Q MOTION: To re =issue SE211 34 certificate: (Powers - Smith; all in "favor) : VOTED, WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 457 .. . The applicant:has requested a continuation. No "construction proposed for lots. 66 and $7. at this time. Kyla Bennet, an Easton resident with one acre of her land in Mansfield, was present as an abutter. She is concerned about vernal pools in the area; flags didn't appear to be consistent with federal wetlands delineation.. They :: have notyet been certified as vernal pools, biit this is an ACEC, and there is an endangered species in the area.. Comm. Sadowski indicated his,interest in getting the locations plotted on map from aerial photos or other available source. Lot 165 has a very large vernal pool near it. Ms. Bennet noted that many species need the uplands associated with wetlands.: She would be willing to walk the site with Dick, Ms. Bennet was asked to speak to the commission•about her knowledge of vernal pools. She encouraged the town 'to buy land in -the area. The applicant is discussing with the Natural Heritage Program a conservation restriction for the lots in this filing; the Natural Heritage Program recommended a four -month period during which the restriction must be finalized, with proof of filing with the Resgistry of Deeds received before construction begins. ..MANSFIELD CONSERVATION COMMISSION MEETING MINUTES: 4-11 -94 - Page 3 MOTION - To continue the hearing to $15 on 4.28. (POWERS = SADOWSKI; all in favor,. Smith abst.) VOTEI? WETLANDS PROTECTION ACT HEARING: SE211 -467 Timothy Murphy0614 Maple St.0constrriction of garage within 100 ft. buffer zone: .. Ralph Maloon -and Mr: lvlurphywere present. ,`The proposal is to add a garage to the side. of the house. Wetland Iine and siltation controls shown', on plan. _Dry well also shown; because the lot is in the, water protection district. Powers: :Flags 15 and 17 could have been connected.directly, eliminating flag 16. Vegetation had changed.reinarkably 'since last time; that area now appears to be upland. Some changes in filling /sloping, suggested use of retaining wall to eliminate a small amount of filling.. The applicant is agreeable. Comm. Oberlander feels the - homeowner should have the option to do or not do the retaining wall as he chooses, MOTION: To close hearing, (Powers - Sadowski; all in favor) _VOTED WETLANDS PROTECTION ACT HEARING SE211 -466: William Bertarelli -31 Bird Rd. -- construction ofsingle family house with associated grading within 100 ft., buffer zone*. Wetlands delineation done; test. holes for septic system, too close to the wetlands, so continuation requested for time to modify.the. plan. A revised plan will be submitted. MOTION: To continue the hearing to 4 -28 at 8:30 p.m. with field walk on 4-16-., 94 ar:15 a.m.` (Powers Sadowski; all in favor) - VOT E. D ORDERS OF CONDITIONS, Comm. Weidner does not'agree with allowing the "applicant to cut down trees, since dead and fallen, trees provide significant habitat. Comm. Sadowski would'.-, add finding #2 regarding this: Comm. Powers voiced concerns about being inconsistent, since in the case of Mr. Sullivan, for example, some of the work was even closer to the wetlands yet was permitted (he proposes to cut two live trees). She doesn't feel commission can prohibit work in buffer zone. Liability isues discussed. Dick feels the area in question is transitior)al and very flat.. Concern is over the, cutting of trees in the wetland itself. The commission "decided to f'