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HomeMy WebLinkAboutConservation Minutes 11/8/1993TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, NOVEMBER 8, 1993 7:30 CALL TO ORDER 5:00 WETLANDS PROTECTION ACT HEARING CONTINUATION: Balcom Realty Corp.--113 Balcom St. -- Construct driveway over 800 sq. ft, of wetland; septic /grading within 100 feet of wetlands 8:20 REQUEST FOR DETERMINATION OF APPLICABILITY Ralph I. Maloon- -Lot , Willow Street -- Dwelling, septic_, related grading to take place within the 100-year flood plain 8:40 WETLANDS PROTECTION ACT HEARING Peg Realty Trust -- Brian Lane -- Drainage, roadway, utilities, grading within 100 ft, of wetlands 9 :00 WETLANDS PROTECTION ACTT HEARING Peg Realty Trust -- Brian Lane, Lot 2-- House, driveway, septic, grading within 100 ft. of wetlands 9:15 WETLANDS PROTECTION ACTT HEARING Peg Realty Trust- -Brian Lane, Lot 3 -- House, driveway, septic, grading within 100 ft. of wetlands 9 :30 WETLANDS PROTECTION ACT HEARING Jones Contracting, Inc.- -Pratt Street, Lot - Building, parking, grading within 100 ft. of wetlands and brooF:: AS TIME ALLOWS: MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS ORDERS OF CONDITIONS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 8, 1993 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Powers, Sadowski, 04iJtbW ,@,4iciiK3: I L) MINUTES: MOTION: To accept the minutes of 10- 25 -93. (Powers - Sadowski; all =ii p;:- ;J,�>j VOTED 1-1 ASO) A, C H U ") E T TS ORDER OF CONDITIONS, SE211 -442, West St. Comm. Sadowski suggested additions to condition #1 which require more specific follow -up reports; however, Chairman Cauldwell and Dick Lewis felt after discussion the orders that this condition mandating testing of stormwater is problematic because the presence of the highway, which drains into this area, makes it impossible to identify the source of the impact. Comm. Powers observed that the best the commission can do is to look at the water quality coming off the site, before and after construction, to ensure that nothing on site is causing a problem. Comm. Sadowski withdrew his additions as a result of the discussion and suggested deleting the second sentence of condition 01 and limiting the semi - annual report to water quality leaving the site. Comm. Powers suggested taking a baseline test to determine pre - construction condition. Comm. Cormier disagrees with water testing at all, since questions arise as to what the commission would do with such monitoring information. The final consensus was to delete condition #1 and finding #3. Comm. Sadowski still felt that this site has the potential to alter the water quality, and hence, a resource area. However, knowing how difficult it would be to assess responsibility or have the property owner monitor state - owned property, Sadowski would be willing to eliminate special condition #1 as currently worded. Though uncomfortable with potential impact because of amount and type of alteration so close to wetland, he sees no recourse in terms of wetland monitoring or restoration that can be assigned to this particular applicant. Comm. Powers has concerns about eliminating finding #3 and special condition #1. Include in condition 012 that such situations require reporting to the Commission per DEP regs. MOTION: To approve as written and discussed. (Powers - Sadowski; all in favor, Smith, Powers abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -444 Balcom Realty Corp. - -113 Balcom St.-- Construct driveway over 800 sq. ft. of wetland; septic /grading within 100 feet of wetlands Ralph Maloon represented the applicant. A new plan, approved by the Board of Health, was presented. [Commissioners observed that lot 8, next to this lot, has gravel for the cart path /driveway over the hay bales; Dick will check on this.] The new plan addresses Comm. Sadowskiys concerns about size of pipes. Comm. Weidner's primary concern was about adding additional culverts; this has been addressed. Cormier asked whether there was a need for check dams along water service line; soils in that area are generally clay, which will be replaced, according to Ralph, obviating the need for check dams. Siltation control along the 155 contour line, as was shown on original plan, should be added to new plan. There will be grading further onto lot 8, and the siltation controls need to be extended; book and page should be submitted for lot 8. Comm. Sadowski would like wetland replication area to have the MONDAY, NOVEMBER 8, 1993 -- PACE previously rounded /curved shape, along 154 contour line, as was originally r proposed, instead of the more rectangular shape shown on the second plan. MOTION: To close the hearing. (Sadowski - Cormier; all in favor, Smith abst.) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY Ralph I. Maloon- -Lot 5, Willow Street -- Dwelling, septic, related grading to take place within the 100 -year flood plain Ralph presented plan. Site was walked 11 -6 -93. Wetland at rear of site; no work proposed within 100 feet of the wetland, but is within flood plain. Mr. Maloon feels flood plain map is incorrect for this area, because he doesn't see how either the wetland or the river could flood the lot in question. Regs. on land subject to flooding were reviewed by Dick. Presumption must be overcome by competent engineer (in this application, Mr. Maloon). The commission's alternatives are: 1) to accept evidence and agree with the engineer, or 2) to rely upon FEMA map and require a filing which would require compensation on a 1:1 basis (and there is no area on the lot which would allow compensation). The FEMA map was done in 1977. Comm. Sadowski asked whether anything has changed since then, noting that he would want to understand what may have happened in this area to reduce chances of flooding over time. Mr. Maloon noted that Cabot's Pond, Kingman's Fond, and Fulton's Fond have all been improved/constructed since that time. Comm. Powers observed that hen.tF.je coVission has been presented with this situation in the past, it 8AS"t,t anm.e r. P , e -p2s -i -.awn that the presumption cannot be overcome without going through FEMA. At any rate the calculations must be reviewed by the Town Engineer. Comm. Weidner would want verification by another professional that the flood plain is wrong. Dick will check with the Town Engineer and with FEMA and DEP officials, if the applicant will grant a two -week extension. MOTION: To continue the hearing to 11 -22 -93 at 8 :20. (Weidner - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING Peg Realty Trust- -Brian Lane -- Drainage, roadway, utilities, grading within 100 ft. of wetlands Michael Trowbridge presented for the applicant; Phil Beatty and Greg Abbott also present. Flan came before the commission in 1989. Site was walked on 11 -G; was flagged in 1989 (first in 1984). Abutters notified. flick noted that the plan is consistent with what was approved in 1989. No questions. Comm. Powers noted that wetlands were not confirmed from flags 80 to 100. DEP #t has not been issued. MOTION: To continue to 11 -22 at 8:40. (Powers - Sadowski; all.in favor) VOTED WETLANDS PROTECTION ACT HEARING Peg Realty Trust - -Brian Lane, Lot 2-- House, driveway, septic, grading within 100 ft. of wetlands Michael Trowbridge presented for the applicant. Single - family house located off the cul -de -sac. Roof drains connected to dry well shown on plan. Discussion on site was to keep elevations as flat as possible. To make it a walk -out would disturb the same amount as currently proposed, because of need for run Off area from house. Concern was not to have such MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 8, 1993 -- PAGE 3 a big slope coming down from the house. Commission wants a flatter slope in back yard. Comm. Sadowski's main concern is location of house relative to edge of wetland; house is set 140 feet back from curve of cul -de -sac, but that distance puts it very close to wetlands. Mike Trowbridge responded that moving the house forward would not meet side yard setbacks, though a small adjustment can be made which would help some. Not yet approved by Bd. of Healthy but has been submitted. Slope at rear of house is 3:1 or less. MOTION: To continue to 11 -22 -93 at 8 :50. (Cormier - Sadowski; all in favor) VOTED Request for Certificate of Compliance: SE211 -34 (Paula Lane ). MOTION: To issue the Certificate. (Powers - Smith; all in favor, Sadowski, Weidner abst. VOTED WETLANDS PROTECTION ACT HEARING Peg Realty Trust - -Brian Lane, Lot 3-- House, driveway, septic, grading within 100 ft. of wetlands Michael Trowbridge represented the applicant. Roof drains shown going to dry well. Knee wall could be added, which would reduce the slope in the back yard. Submitted to Bd. of Health. Chicken coop and debris need to be cleaned up on this lot. Part of the driveway goes over the septic system which will have to be vented; note on plan indicates this. MOTION: To continue to 11 -22 -93 at 9:00 p.m. (Powers - Sadowski; all in favor) VOTED EXTENSION REQUESTS: David White, request for extension (School St.) - SE211 -314. Request was received and discussed in mid - September. MOTION: To issue an extension until November 1, 1994. (Powers - Smith; all in favor) VOTED Richard Silva, 66 Williams St., SE211 -260. This will be the third extension. He requested the extension in September. MOTION: To issue an extension to 10- -31 -94, with letter stating that this will be the final extension, (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING Jones Contracting, Inc. - -Pratt Street, Lot 2 -- Building, parking, grading within 100 ft. of wetlands and brook. Michael Trowbridge presented. Lot is staked. Small lot, wide open. Comm. Sadowski observed that the plan suggests runoff from gravel parking area will go right into wetland. Chairman CaUldwell felt the area should be made as flat as possible. Comm. Powers reserved comment on this until site is walked on 11 -13 at 8:00, MOTION: To continue to 9:10 on 11 -22 with site walk as above. (Powers - Smith; all in favor) VOTED Site walk at 7:30 11 -13 for new NOI (Fawn Lane). Another site walk for same lot on 11 -20 for those who can't make it. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 3, 1993 -- PAGE 4 ORDER OF CONDITIONS - SE211- Perkins Ave. Main concern of the commission is that enough compensation be done prior to any filling so that flood storage exists before filling is done. Remove second sentence from Special Condition 01. MOTION:" To issue as discussed. (Powers - Cormier; all in favor, Smith abst.) VOTED CERTIFICATES OF COMPLIANCE: 566 Maple St. - SE211 -104. MOTION: To issue Certificate. (Powers - Cormier; all in favor) VOTED Lot 66, 6 Longwood Circle - SE211 -416 MOTION: To issue a partial Certificate for lot 66. (Sadowski - Cormier; all in favor) VOTED SE211 -190 MOTION: To issue full Certificate for Potash Rd., SE211 -190. (Powers - Cormier; all in favor) VOTED CORRESPONDENCE /NEW BUSINESS: - -Town Counsel Mangiaratti has sent correspondence re land acquisition. - -Also received from Mangiarotti: parcel 11 and parcel 2 order of takings for eminent domain takings; not necessary to pay damages at this time. NRT will pay for appraisal. Bd. of Selectmen must sign, then order must be recorded within 30 days. - -Send letter to NRT thanking them for assistance and research in acquisition of parcels and paying for appraisal. Special mention of LF's efforts, as well as those of Lou Andrews et al. MOTION: So moved. (Powers - Sadowski; all in favor) VOTED -- Letter from T. Mahoney offering to donate land bordering on Charles and Keefe Streets. RL: will talk to Burt Cook and Shawn Burke; ramifications of donation must be checked (e.g., so he doesn't cut off access to his own property). The land doesn't abut anything else the commission owns. The commission felt perhaps Mr. Mahoney should be thanked and directed towards approaching the Bd. of Selectmen about donating it to town in general. -- Chairman Cauldwell: he has spoken to Mansfield News reporter as a private citizen and as a commission member on hunting; didn't speak for the commission. -- Question discussed of keeping bond in place for the Green Acres subdivision. Commission will not issue Certificates of Compliance until compensation is done. It is possible that a new applicant could request an amendment of the Order with 'regard to the condition governing the bonding. Chairman Cauldwell would like opinion about the bonding issue from legal counsel. Consensus among the commissioners to keep the bond in place. The truck is still on the property, and is still leaking. Should probably by 'reported to the fire dept. -- Meeting to discuss commission policies on the 29th of November. - -DEP has ability to do aerial flyovers. Re Mr. Nelson's property, Comms. Weidner and Sadowski went to an Enforcement seminar and learned that anything seen from the railroad right of way may not be admissible if permission had not been granted by the property owner. The meeting adjourned at 11:30.