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HomeMy WebLinkAboutConservation Minutes 3/14/1994 (2)TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, MARCH 14, 1994 7:30 CALL TO ORDER 7:50 WETLANDS PROTECTION ACT HEARING CONTINUATIONS FOR FIVE NOTICES OF INTENT -- Creative Houseing Co., Inc. - -Lots 1 -5, Wagon Wheel Way (Bay Brook Farm) -- Single family houses and related grading within 100 feet of wetlands 8:00 WETLANDS PROTECTION ACT HEARING CONTINUATION: Attleboro Dept. of Public Works - -Lots 95, 41, 8 Balcom st. -- Improvements to the City of Attleboro's Wading River water supply. 8:45 DISCUSSION RE MILL POND: BETA ENGINEERING AS TIME ALLOWS: MINUTES ORDERS OF CONDITIONS CERTIFICATES OF COMPLIANCE NEW BUSINESS 3/w W,ANSFIELD CONSERVATION COMMISSION MEETING MINUTES: 3M&94 Members Present: Chairman Cauldwell, Comrriss ohers Cb'fh e't,Idberlander, Powers, Sadowski, Weidner 94 JUNI 30 Pia J I Walter Mutlow, 97 Balcom St., was present at the metgt ng_to, d1s uss a problem area on Balcom St. As he described it to the commission .jn,thgte,arly ,, p-I gnd was gradually developed in the area in question. Fill was gradually dumped in a driveway which is currently acting as a dam and causing water to flow across the street. Deborah McNeilly, 94 Balcom St. agrees that fill has been dumped by Mr. Brown gradually over four years. Dick told the commission that under the order issued for this project, both driveways there are supposed to be culverted; these culverts are not in place. It was further noted that Mr. Alan Brown, the applicant in the Order in question, led the commission to believe that he was adding fill to an existing road, which was in fact not a road but a cartpath if anything. The residents present maintained it was never a road at all. Chairman Cauldwell explained that Mr. Brown would have to replicate ANY wetland resource areas that have been lost. Comm. Sadowski: stated he would rather not see any additional loss of resource area and wants the drains put in as soon as possible, through an Enforcement Order if necessary. Filling for this road took place over the last five years. Comm. Powers suggested sending a letter to applicant notifying him that the order called for culverts to be installed, and that due to the conditions commission wants this work done as soon as possible. [Comm. Weidner arrived.] MOTION. To send letter calling Mr. Brown's attention the section of Orders requiring culverts and requiring that work begin immediately, also to invite him in to discuss area, and bring any plot plans, lot lines, historical data for area, copies of deeds (because of segmentation issues). (Powers - Sadowski; all in favor, Weidner abst.) VOTED WETLANDS PROTECTION ACT HEARING CONDITIONS FOR FIVE NOTICES OF INTENT: SE211459, 460, 461, 462, 463 Creative Housing Co., Inc.- -Lots 1 -5, Wagon Wheel Way (Bay Brook Farm)- - Single family houses and related grading within buffer zone Rev. plan submitted, dated 3- 14 -94. Comm. Sadowski was concerned that a homeowner won't understand that the back yard can't be expanded, as shown on the plan. Mr. Blackey noted that the homeowners would not see this plan. For lots 3 and 4, there must be no question in the homeowners mind that there is a restriction on the size of their back yards. Mr. Blackey suggested emphasizing message that any work within 100 feet of the brook or wetlands must be filed. MOTION: To close hearing. (Sadowski - Powers; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -455 Page - 1 ,y MANSFIELD CONSERVATION COMMISSION MEETING MINUTES: 31y6194 " Attleboro DPW -- Improvements to Attleboro water supply Kathryn Nadeau, Camp, Dresser &McKee, submitted a co SM49f the Natural Heritage Program responses stating that.there are no protectable spegEes in the resource areas in question. Ms. Nadeau also reiterated that the area north of the settling ponds.is not part of this project. MOTION: To close the hearing. (Sadowski - Cormier; all in favor, Weidner abst.) VOTED Comm. Powers suggested, as a result of the site walk, that Dick send letter requesting a meeting with Paul Nicholson, Superintendent of Water and Wastewater, on the site re some possible violations. MOTION: To send such letter. (Powers - Sadowski; all in favor) VOTED NEW BUSINESS: Chairman Cauldwell noted that the water running under West St. (near church) is greenish brown and opaque. Dick will take a look. ORDER OF CONDITIONS FOR SE211 -455 (Attleboro DPW) Add to special condition #4 (after first sentence): "Additional sampling(s) may be taken at the direction of the Conservation Commission or its agent, and shall be taken if there is degradation in effluent quality. MOTION: To issue the orders as written and discussed. (Powers - Cormier; all in favor) VOTED MILL POND DAM PROJECT Mike Vignale, Shaun Scully, and Bob Swanson were present to discuss the Mill Pond Dam project. DEM did an inspection, as did Beta Engineering. The project was found to be below DEM jurisdiction thresholds. Some seepage along back of dam. One of the spillways was gone and another was deteriorating. Heavy vegetation on it. Little room for water to build up and go across spillway; which couldn't handle 50 -year storm. Solutions proposed include two spillways; the one on the west side would be a reconstruction of the existing condition; the other would include concrete retaining walls with flashboards. Pedestrian bridges over each spillway; with the top of dam finished with gravel pathway. DREDGING: Alternative to dredging entire area: dredge just main body of pond (10 -15 ft. depth, 1 acre area). LANDSCAPING: a prepared plan showed a low impact type of plan with a total cost of $6,000. [Comm. Oberlander left.] Comm. Cormier asked why the area should be dredged. •Bob Swanson answered that it is up to the commission, because the commission clearly owns the pond. Dick Lewis Page - 2 MANSFIELD CONSERVATION COMMISSION MEETING MINUTES: 3/ /94 noted that work up at this dam and pond has been discussed among Canoe River aquifer committee, in hopes that a larger pool would create better recharge for well sites. Since the project is within an ACEC; it will be looked at closely by MEPA. Army Corps would also be involved, and an ENF will have to be filed. Issues: habitat value, flood control value, ACEC interaction, whether in best interests of ACEC. One area is heavily vegetated; dredging there would be a real problem. Water quality certification would be involved. Chapter 91: unknown. . Comm. Powers suggested getting feedback from the water commissioners as to what if any dredging scheme is in the town's best interests. Comm. Sadowski voiced concerns about impact on wetlands, habitat, and impact on wells. It was noted that the goal of the repair is to restore pond to same elevation as before it was breached. Mr. Ralph Penney, water commissioner, was present and noted that his primary concern is to see the dam repaired. He asked whether two dam structures could be replaced with one for less cost. Beta Engineering said combining the two would probably not save any money. The issue of who would maintain spillway has yet to be worked out; although Mr. Swanson noted that the DPW maintains Fulton Pond. It was generally agreed that from a state funding perspective, it would be better to include all proposed work as one project. Mr. Bill Madan asked that Planning Board be kept informed, because the project will require a special permit from Planning Board. Mr. Penney would like to see the landscaping plan be scaled down from that suggested (to reduce the cost). Comm. Powers suggested that Dick consult with SCS about any feedback they might have regarding the project. MOTION. To write to the Bd. of Selectmen as water commissioners asking them to review this situation and give feedback or meet jointly to discuss priorities on project and concepts presented. (Powers - Sadowski; all in favor) VOTED GREAT WOODS LAND ISSUES: Mr. Flynn has arranged for someone from the state to speak with the Beagle Club (meeting 4 -17 - 7:00 p.m.); Comms. Powers, Sadowski, and possibly Weidner will attend. MOTION: To issue five orders SE211 -459 through 463 as discussed. (Powers - Sadowski; all in-favor, Weidner abst.) VOTED Page - 3 ,y MANSFIELD CONSERVATION COMMISSION MEETING MINUTES: 346/94 CERTIFICATE OF COMPLIANCE: SE211 -411: 20 Longwood Circle Partial Loaming and seeding remain to be done. MOTION. To issue a partial certificate for SE211 -411. (Weidner - Cormier; all in favor) VOTED CERTIFICATE OF COMPLIANCE: lot 10, Angelina Lane - SE211 -134. MOTION. To issue a partial certificate for S211 -234, lot 10. . (Weidner - Sadowski; all in favor) VOTED WIDENING OF RT. 140: Walsh Contracting put in a portable dam about 2 1/2 weeks ago. Dam was set up to hold 50 -year storm; but the work area got flooded out and dam was overtopped because of the severe storms and melting. Dick feels the situation is being addressed satisfactorily and in a timely way. He will meeting with Great Woods people tomorrow, because some of the runoff was from their parking areas. Additional silt fence held up pretty well; some washing occurred. Walsh is hoping to get most of the slope riprapped as soon as possible. Mr. Clemmey has been dissatisfied with the course of this project. Dick has met with the TM on the issue; the commission advised him to keep notes about meetings with state project contractors and with Great Woods, and as a general rule, about anyone who makes a call regarding any project. Shaun Burke will discuss the proposed change to Zoning in Wetland Protection section at the meeting on 4 -11 at 7:45. Site walk for Massapoag Estates: 3- 26 -94, 7:30 a.m. The commission reviewed the draft of a letter to Mr. Corcoran regarding the return of land. Change last sentence of first paragraph: "...is pleased...; however our goal remains the return of all excess land associated with the Route .4495 project. Changed second paragraph, second sentence: 'But, let there be no question ... as committed to by the state in the Environmental Impact Report prepared for the 495 project. Second paragraph, last sentence: "...no showing of need .... and that careful consideration of the additional environmental..." Last paragraph, first sentence: "...its obligation and past commitment to return all of this excess land..." First sentence, second par.: "The commission is aware that there are others who.support construction of a roadway through Great Woods." MOTION: To issue as written and discussed. The meeting adjourned at 11:15. Page - 4 (Powers - Cormier; all in favor) VOTED