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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.