HomeMy WebLinkAboutConservation Minutes 10/4/1993TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
MANSFIELD CONSERVATION COMMISSION
AGENDA
MONDAY, OCTOBER 4, 1993
7.30 CALL TO ORDER
7:50 REQUEST FOR DETERMINATION OF AP'P'LICABILITY
Town of Mansfield DPW -- Rumford Fiver next to Town Hall- -
To selectively cut small trees and brush along the east
side of the Rumford River
005 REQUEST FOR DETERMINATION OF APPLICABILITY
Town of Mansfield DPW - -101 Pleasant St. -- Maintenance/
grading, drainage basin area
8:40 REQUEST FOR DETERMINATION OF APPLICABILITY
Fart Realty Corp. - -425 Branch St., Lot 7 -- Construction
of single family house and grading within 100 ft. of
I wetlands
9:00 REQUEST FOR DETERMINATION OF APPLICABILITY
Michael Padula - -230 Plain St.-- Construction of single
family house, driveway, within _% f wetlands
9 :20 WETLANDS PROTECTION ACT HEARING
Mansfield Cooperative Bank- -180 Branch St., Lot
3A-- Construction of house, septic, driveway, utlities-,
grading within 100 ft. of wetlands
AS TIME ALLOWS:
MINUTES
CORRESPONDENCE /NEW BUSINESS
CERTIFICATES OF COMPLIANCE
NEW BUSINESS
W.
MANSFIELD CONSERVATION COMMISSION MMUYE!�
MONDAY, OCTOBER 4, 1993 -- PAGE 1 cl(j
`} JUN 30 T „1 3: r t}
Members Present: Chairman Cauldwell, CommissionerCG_ormt }
Oberlander, Powers, Sadowski Ill r1glt clr
l NETTS
The meeting was called to order at 7:30 p.m.
NEW BUSINESS:
- -Lenny Flynn of NRT reported that there has been no transfer of
land yet from the state because the drawings from Bay Colony have not
been available. Drawings are now done, and Dick will pick them up
tomorrow.
-- Commissioners suggested that Dick speak. with Alan Brown
regarding the Vickery property. Comm. Powers suggested sending a
followup letter asking about the status of Mr. Brown's offer of land.
- -Town Counsel has requested a meeting with Chairman Cauldwell
and Lenny Flynn about recording of deeds, etc. Chairman Cauldwell
will meet with them on Thurs. afternoon at 3:30.
MINUTES:
MOTION: To approve minutes of 9 -27 -93 as discussed.
(Powers - Sadowski; all in favor) VOTED
EXTENSION REQUEST - SE211 -385, 386:
Mr. Boutas has been unable to complete replication area on
Jennifer Drive due to financial conditions. No work has taken place
(orders issued last fall, but only one year was given to complete this
replication work). Dick Lewis suggested that the special condition
imposing a $15,000 bond may be the stumbling block and raised the
possibility of eliminating that condition.
MOTION: To extend the orders to San. 10, 1994.
(Powers - Sadowski; all in favor) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY
Town of Mansfield DPW -- Rumford River next to Town Nall - -To
selectively cut small trees and brush along the east side of the
Rumford River
Bob Swanson, Town Engineer, represented DPW. Community
representatives have mentioned the problem of overgrowth along the
river W for some time. Mr. Swanson asked the Commission's advice as
to what may be cut. Comm. Oberlander saw no problem in thinning the
area out. Comm. Smith also thought it a good idea. Comm. Powers
asked what is the 10 -year flood elevation in that area, which would
represent the extent of the wildlife habitat. Mr. Swanson expressed
willingness to find out if the commission wishes. Comm. Sadowski
asked how many feet along the bank would be cleared. Mr. Swanson
explained that from the road coming in to the corner of town hall,
only the bamboo grass and perhaps some small saplings would be cut.
From the corner of the building to the clearing, all brush and most
saplings would be taken out. Comm. Sadowski expressed concern that in
an area of unstable bank, removing the vegetation might increase
erosion and siltation, and Fie would be opposed to clear cutting
similar to that done near West St. Chairman Cauldwell also added that
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, OCTOBER 4, 1993 -- PAGE 2
unless the roots are taken out, the bamboo grass will come right back;
but doing so would require a stabilization plan, with hay.bales, etc.
MOTION: To issue a positive 02 determination.
(Weidner - Cormier; all in favor, Powers abst.) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY
Town of Mansfield DPW- -101 Pleasant St.-- Maintenance /grading,
drainage basin area
Mr. Swanson represented the town. Ms. Griffin was also present.
The Griffin /Bernstein /Thurber properties intersect at a low point
drainage area. The only solution for drainage problems in the area
that Mr. Swanson envisions is to make it a positive slope down to that
point and dig J4ut a 12 x 8 section of the ditch and rip -rap it to keep
the area maim nable. The area which will be most impacted would be
an area where not much is growing anyway. One low area must be filled
in order- to solve the problems in the area. Ms. Griffin has given
written permission for the town to work on her driveway to ameliorate
her situation. Accessing from Bernstein driveway is best way, by
hand, with minimum impact to area. Sarah Forbes called Chairman
Cauldwell; her lawyer has done some work indicating that one piece of
land which town thinks it owns belongs to her.
Comm. Powers asked whether any trees will be disturbed, mounded
around, etc. Bob Swanson doesn't believe any additional trees in
the area will be affected, other than one which fell last winter.
Dick suggested there may be one. In response to concern expressed by
Comm. Powers about the amount of jewel weed in one area, Mr. Swanson
suggested changing the size of the area from 12 x 8 to s G x 6 paved
section with no riprap.
Dan Thurber, GE Brook St., was present to ask what will happen on
Cottage St., going down to where the swale is. Mr. Swanson explained
that at intersection of Cottage and Brook, there area two additional
catchbasins to catch flow. Other residents of the area were also
present and reviewed the plans.
MOTION: To issue a negative #4 determination, with an exemption
as defined in the regulations, 10.53 (3) (k).
(Weidner - Smith; all in favor) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY
Fort Realty Carp. - -428 Branch St., Lot 7-- Constructi0n of single
family house and grading within 100 ft. of wetlands
Otto Bingel, engineer, represented the applicant. A revised plan
was presented, dated 10 -4 -93. The house is now 90 feet from the
street; the wetlands flag line was 'revised after the site walk, as was
the hay bale line. Lawn area and total disturbed area added to plan,
7000 sq. ft: of which is required for the septic system. The area of
fill is 600 sq. ft., with virtually no change in grade. Comm.
Sadowski observed that the drainage swale appears to flow back into
wetland from driveway. However, the distance of 40 feet and the hay
bale line would appear to mitigate the potential difficulty.
MOTION: To issue a negative #3 determination, with a double line
of hay bales in the swale area, as a precaution, to
remain in place until vegetation is stabilized.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, OCTOBER 4, 1993 -- PAGE 3
(Weidner - Cormier; all in favor) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY
Michael Padula - -230 Plain St. -- Construction of single family
house, driveway, within 100 ft. of wetlands
Ralph Maloon represented the applicant, Mr. Padula, who was also
present. Following site walk, revisions were made to the plan. The
project site is right beside the flood plain, based on plans done for
work on replacing the dam for Greenwood Lake. Repair /modification to
the existing pier discussed on site walk is not included in this
filing and would require a new filing. There is no oil tank in the
building which will be demolished.
Sohn Gula, 240 Plain St., Shawn Pray and Oliver Brown, also
abutters, were present. Area residents and lake association members
were concerned that there was not sufficient notification to abutters.
Chairman Cauldwell explained that the laws of the state and the
regulations of the town were followed regarding such notification.
Pat Brown, whose father, Sohn Leiden, owns the property, noted
that he notified the abutters personally. Mr. Padula has attempted to
meet all codes and title V requirements. Mr. Brown is concerned that
raising the property and building retaining walls will cause runoff
into his cellar. Mr. Maloon suggested that small swales be
constructed along the property line to prevent water shedding onto the
adjacent properties. The applicant agreed to do it. Plan will be
revised to show purpose and location of swales.
MOTION: To close the hearing.
(Powers - Oberlander; all in favor) VOTED
MOTION: To issue a negative R3 determination with above
conditions: 1. Swaling along property lines to promote
recharge and to prevent storm damage; 2. any changes in
plan would require re- filing; 3. includes no repairs to
dock.
(Powers - Sadowski; all in favor) VOTED
WETLANDS PROTECTION ACT HEARING
Mansfield Cooperative Bank - -180 Branch St., Lot 3A -- Construction
of house, septic, driveway, utilities, grading within 100 ft. of
wetlands
Ralph Maloon for Hutchins- Trowbridge, represented the applicant.
Karl Drown recently flagged the wetlands. The new plan affects less
area than the plan originally proposed some years ago. The septic
system has been located in the front of the lot. Comm. Oberlander
asked the reason for an impervious barrier around septic system. Mr.
Maloon responded it was necessary because of requirements for the
breakout grade and grading to the street. Use of the barrier requires
a variance from the state; the barrier is polyethylene. Half the
house and a small portion of the driveway are within the buffer zone.
Site walk 10 -9 -93 at 7:30 a.m.
Dick has seen ponding and has never inspected with the current
flagging in place, so he will review the site.
Mary McGrail, abutter on Branch St., noted that the lot was very
wet and she doesn't want water in her cellar. There is a "good
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, OCTOBER 4, 1993 -- PAGE 4
stretch" being left untouched, according to Mr. Maloon, who expressed
his opinion that there will be no impact in her direction, since the
closest construction is 85 ft. away.
Marie Skidmore, 158 Branch St., abutter, asked who is considered
responsible if there is a water trespass. Commissioner's explained
that it would be a private litigation matter.
MOTION: To continue the hearing to 10 -18 -93 at 7:40 p.m. with
site walk.
(Powers - Cormier; all in favor) VOTER
ORDERS OF CONDITIONS:
SE211 -438. The stabilization of the areas in which partial
removal of the structure and pile will take place requires an
additional special condition: Any area disturbed during removal of
structure/debris must be stabilized.
MOTION: To issue the orders as written and discussed.
(Powers - Sadowski; all in favor, Weidner abst.) VOTED
SE211 -440.
MOTION: To issue the orders as written and amended (if any
changes occur on site, the commission is to be notified)
(Oberlander - Cormier; all in favor) VOTED
EXTENSION REQUEST: SE211 -338 (Leo & Roy McDonald)
MOTION. To issue a two -year extension for the residential
compound which had been delayed due to construction/
installation of Mansfield sewer system. Note that if
any changes take place, the commission must review.
(Powers - Sadowski; all in favor) VOTED
OLD BUSINESS:
- -Town Counsel Max Volterra submitted a draft copy of complaints
re Carl Nelson. Dick will make several comments and return them to
the attorney.
- -Dick received a call from Atty. Charles McGuire, concerning
issues of access for Karl Clemmey's properties. Town Manager Bill
Williams told Dick that if Mr. Clemmey denies access to any of the
commissioners or its staff, or makes any threats or attempts at
intimidation, town counsel is available to them as a resource.
- -Comm. Weidner will go to a conference on Wetlands Enforcement.
10 -30, $35.00. goivnvA So owsk; will also 5_'Wega, .
The meeting advourned at 10:40.