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HomeMy WebLinkAboutConservation Minutes 9/27/1993TOWN OF MANSFIELD, MASSACHUSETTS 50 West Strea[,5y, nsfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, SEPTEMBER 27, 1993 7:30 CALL TO ORDER 7:50 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -43 O'Brien & Meeks - -Lot 1, South St. -- Grading, utilities, dwelling, septic within 100 feet of wetland resource areas 7:55 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -x%3'7 O'Brien & Meeks - -Lot 4, South St. -- Grading, utilities, dwelling, septic within 100 feet of wetlands 8:00 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -432 Karl Clemmey -- Perkins Ave. Lots 1 -3 - -To construct roadway and three dwellings, including associated grading & utilities, within 100 ft. of wetlands 8:30 REQUEST FOR DETERMINATION OF APPLICABILITY Clemmey, Inc. -- Intersection of Route 140 and West St. -- To review wetlands boundaries and potential resource areas 8:50 REQUEST FOR DETERMINATION OF APPLICABILITY Balcom Realty Corp. - -761 Ware St. -- Construct single family house, driveway, septic system within 100 ft. of drainage ditch 9:05 REQUEST FOR DETERMINATION OF APPLICABILITY Patrick J. Walsh. - -57 Deer Path Lane, Lot A -- Construct single family house, driveway, utilities within 100 ft. of wetlands 9:40 WETLANDS PROTECTION ACT HEAR ING:SEm -4`fU Remus Realty Trust -- Patty's Rd., Lots 15 -20, 28-34- - Detention area, related grading and drainlines within the 100 ft. buffer zone 9:15 WETLANDS PROTECTION ACT John G. Walsh- -Lot 33, sq. ft. of wetlands to AS TIME ALLOWS: HEARING: `A.2if - 143C1 Treetops Subdivision - -Fill 1900 construct single- family dwelling i MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS PIHNbFILLU UUNbL.KVHIAUN l.U1'11'I1u_AUN NANi!it'.- mUNLIBY. bLPILI7Litft -J. I "i'7d -- VRL+t :_ i Plemoers r°resent: chairman Cauldwell, Commissioners Cormier, Oberlander, Powers, Sadowski, Smith, Weidner Chairman CaUldwell indicated that the status of parcels 15 -63 and 15-57 for potential Eminent Ilomain taking is now clear for action. MOTION: To sponsor the Town Meeting Article. (Powers - Smith; all in favor) VOTED MINUTES: MOTION: To approve the minutes of 9 -13 -93 as corrected. (Powers - Cormier; all in favor) VOTED CERTIFICATES OF COMPLIANCE: MOTION: To issue Certificates of Compliance for SE211 -412 and SE211- 413 to East Coast Devt. (Powers - Oberlander; all in favor) VOTED MOTION: To issue a partial certificate for SE211 -362 for all work on individual lots except final stabilization, removal of siltation controls, and remedial work. (Powers - Cormier; all in favor) VOTED CORRESPONDENCE: - -Joint meeting of town boards with the Bd. of Selectmen, 9 -29 at 7:00 p.m. OCTOBER MEETING SCHEDULE: 10 -4 -93 and 10- 18 -93. WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -436 O'Brien £. Meeks - -Lot 1, South St.-- Grading, utilities, dwelling, septic within 100 feet of wetland resource areas The Conservation Commission has received information from Natural Heritage Program finding no impact on wildlife from this project. MOTION: To close the hearing. (Powers - Oberlander; all in favor, Weidner abst.) VOTEII MOTION: To issue the orders as drafted. (Powers - Sadowski; all in favor, Weidner abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -437 O'Brien & Meeks- -Lot 4, South St.-- Grading, utilities, dwelling, septic within 100_ feet of wetlands The Conservation Commission has received information from Natural Heritage Program finding no impact on wildlife from this project. MOTION: To close the hearing. (Powers - Oberlander; all in favor, Weidner abst.) VOTEII MOTION: To issue the orders as presented by hick, with additional finding stating that the wetland line on the westerly side of the drainage ditch has not been verified since no work will take place in that area. (Powers - Sadowski; all in favor, Weidner abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -432 _ Karl Clemmey -- Perkins Ave. Lots 1 -3 -- Roadway, three dwellings, associated grading P Utilities, within 100 ft. of wetlands MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 27, 1993 -- PAGE 2 Dick Lewis has spoken with Dick Merrikan who indicated he would be able to get a revised package to the commission by the middle of this week so the Engineering Dept. can review. Dick suggested continuing the hearing to 10 -18. Mr. Clemmey was present and stated that stakes had been pulled out also, which made it necessary to re- stake. Comm. Powers requested that Bob Swanson sign off on the review, since he is a P.E. MOTION: To continue the hearing to 10 -18 at 8:00. (Powers - Cormier; all in favor, Smith abst.) VOTED NEW BUSINESS: - -DEP will be inspecting Hercules dump on Stearns Ave. -- Family Day at Great Woods: Comm. Sadowski and Dick Lewis will be there in the morning; Comms. Powers, Cauldwell, and Weidner will spend time in the afternoon. Dick Lewis will be able to break down the display. - -Site walks: 10 -2: 230 Plain St., 7:30 a.m.; 50 West St., 8:10 a.m. - -Comm. Sadowski noticed that the road around pond at Maple Park has been graded, with no siltation controls. Comm. Powers suggests that Greg talk with the Chairman of the Board of Selectmen. MOTION: To authorize Dick to issue an Enforcement letter to the Town with a cc to the Selectmen. (Powers - Sadowski; all in favor) VOTED - -Comm. Powers also suggested that Chairman Cauldwell request an update by the consultant regarding the Mill Pond dam project. REQUEST FOR DETERMINATION OF APPLICABILITY Clemmey, Inc. -- Intersection of Route 140 and West St. - -To review wetlands boundaries and potential resource areas MOTION: To recess hearing until representative arrives. (Powers - Sadowski; all in favor) VOTED Ellen Peoples, Dunn - McKenzie, and Jack. Mette and Larry Wagner, Appledore Engineering, represented the applicant. Mr. Clemmey was also present. The project (Erin's Center) involves a site which is primarily open, gravel packed base. Drainage in general flows from western portion to two culverts and then on eventually to Rumford Brook. None of the activity will occur in a resource area, but _12,540 sq. ft. wetland (area B) and 7000 sq. ft. wetland (area A) are adjacent to the site. The engineering firm has verified the boundaries of wetlands and maintains that there will be no activity in the wetlands themselves. Work proposed within the buffer zone includes an access road and a small portion of the retail building. Proposed construction is parking area, retention basin, and vegetated swale. Water will be treated before it enters wetland; currently it enters with no treatment. Changes from site walk are reflected on plans presented tonight. Siltation fence will be placed as the limit of work. Overall runoff from the site will be reduced (using detention pond). Basin will be used as detention pond during normal working hours. Oil /water separators proposed for catch basins. Larry Wagner, P.E. reviewed the drainage calcs, which have been revised, to include addressing water quality concerns raised by the l MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 27, 1993 -- PAGE 3 Conservation Commission and the MEPA process. Objective is to keep hydrologic conditions the same in terms of water quality. Issues addressed by study: balancing of pre -and post -devt. flows and runoff issues. One third of the gravel packed area will be converted to lawn area which will mitigate peak runoff rates, according to Mr. Wagner. Abatement of pollutants to be handled by (1) routing parking area drainage to infiltration pond; (2) other drainage to two other systems, using additional treatment swales to slow flaw and remove contaminants. Direct discharge into wetland, which currently exists, will be discontinued. Removing approximately 76 -80 percent of suspended solids as a result of the proposed modifications to the site. Commission does not yet have the final plans with the revisions presented to the public. The following responses were made to questions from the commission: Comm. Sadowski expressed concerns that contaminants will end up at the bottom of the pond rather than in oil /water separators. Comm. Powers: asked about the roof drains (which will go into the existing pipe) and the type of roof (membrane roof system). She noted that these plans appear to show connect between area B and the catch basins existing on the site; that connection wasn't on the original site plan. (That aspect has not been reviewed by town's engineering dept. ). For Wetland A. disturbance will be 31,000 sq. ft. in the buffer zone; for wetland B, 14,000 sq. ft. in the buffer zone. Slope in area adjacent to area A is 3 :1 and will be loamed and seeded. Comm. Weidner: inlet elevation 154.6; outlet 154.1 for the slope of pipe outlet from area B. Chairman Cauldwell: Mr. Wagner maintained that an open gravel parking area will have a higher runoff rate than lawn area. Driveway area behind building pitched away from the building, but directed towards grass drainage Swale, which prevents water from getting to the wetland area in that area. Mr. Wagner maintains that the outlet structure is outside of the wetland; Chairman Cauldwell envisions the backhoe coming very close to the wetlands in doing the work proposed in this area. Mr. Wagner responded by suggesting that they could install manhole upstream and leave structure in place instead. Bob Jones, 60 South Walnut St., owns the wetland area just offsite. Described offsite conditions, storm drain etc. The head of the pipe is near or on the boundary line; Mr. Jones feels it is restricted and the wet area has enlarged. He requested that the drainage structure be cleaned to make the system work as it always has before. Engineer stated that if pipe needs cleaning (by hand ), it will be part of the project. Kim Folan, 25 Casa Dr., had questions about contaminants flawing off site. The applicant's representative indicated that water doesn't run off in the direction about which she is concerned, nor will the proposed work worsen any contaminated runoff problem. Robert Currivan, 300 East St., asked what the impact will be relative to land on easterly side of 140. He is concerned that his land will be adversely affected. He submits that there is a chance of significant impact and that a Notice of Intent should be required. Comm. Powers asked about the pre- and past -devt. flow through the pipe that goes under 140 closest to West St.. (6 cfs. - Post -dev. flow has been increased for that MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 27, 1993 -- PAGE 4 pipe. ? Leonard Flynn, Jewell St. Asked whether assumption were being made about recharge and runoff without test data. The applicants engineers responded that boring logs were done. The drainage system has already been reviewed with the town engineer, who concurred with the..findings. Mr. Clemmey has eight monitoring wells and would give data to commission for past years. Soils were evaluated on site, and these data were used to generate runoff characteristics of the site. Sandra Levine, 20 Walnut St., asked about the siltation controls, how treatment swales would work and how big they would be. Storm event capability of infiltration basin: 100- year - storm. Swales designed for 25 -year storm. MOTION: To close the hearing. (Cormier - Powers; all in favor, Weidner, Smith abst.) VOTED Comm. Oberlander expressed the opinion that there may be less impact to wetlands than under current conditions. Comm. Powers felt that working within 5 feet of a wetland area is not appropriate under an RDA, especially with 31,000 sq. ft. of alteration in the buffer zone. Chairman Cauldwell agreed regarding any work with the headwall, but noted there would be less problem if that work is not undertaken. He also wondered what the impact would be if the swamp on the other side of 140 receives less water than it does now. Although desirable with regard to the water trespass aspect, reduced water might adversely affect the swamp. Sadowski noted that if commission issues a negative determination, it doesn't have the three year monitoring period of an Order, nor can it fully condition the project. MOTION: To issue a positive 43 determination. (Powers - Sadowski; Cauldwell, Cormier, Powers, Sadowski, Weidner in favor, Oberlander against, Smith abst.) VOTED The applicant submitted an NOI, and the hearing will be scheduled for 10 -18 at 8:30 p.m.; site walk on 10 -9 -93 at 8:30 a.m. 428 Branch St. at 7:30 a.m. on 10 -9. REOUEST.FOR DETERMINATION OF APPLICABILITY Balcom Realty Carp. - -761 Ware St.-- Construct single family house, driveway, septic system within 100 ft. of drainage ditch Alan Brown and Ralph Maloon present. No changes in plan presented following site walk. No wetlands on the lot, but filling for breakout grade will take place within 20 feet of an existing drainage ditch. Board of Health plan has not yet been approved because inspector has been on vacation. Hay bales should be extended perhaps another 30 or 40 ft., whereever there is filling. Steve Markos 770 Ware St. wondered about runoff, in view of the fact that there is a pond downstream from this Swale, especially. Torn Farrell, 771 Ware St., requested that the public have a chance to see the plan. MOTION: To close the hearing. (Oberlander - Weidner; all in favor, Smith abst.) VOTED t MOTION: To issue a positive 03. I MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 27, 1993 -- PAGE 5 r (Powers - Weidner; others in favor, Cauldwell, Oberlander against, Smith abst.) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY Patrick J. Walsh. - -57 Deer Path Lane, Lot A-- Construct single family house, driveway, utilities within 100 ft. of wetlands Ralph Maloon presented for the applicant. Site has been walked. Original wetlands lines (from 1986) have been added to the plan, but otherwise the plan is the same. MOTION: To close the hearing. (Powers - Cormier; all in favor) VOTED MOTION: To issue a negative #3 per plan. (Powers - Oberlander; all in favor) VOTED [Comm. Oberlander left.] WETLANDS PROTECTION ACT HEARING - SE211 -439 John G. Walsh- -Lot 33, Treetops Subdivision- -Fill 1900 sq. ft. of wetlands to construct single- family dwelling 1900 sq. ft. of compensation area shown on proposed plan. Question arose on site walk as to whether the 5000 sq. ft. filling limit has been approached for this subdivision. Mr. Maloon maintained that the two parts of the subdivision shed in different directions and that they have always been under different ownership. John Walsh also present to answer - questions of ownership. The commission suggested that the applicant explore variance with zoning board in order to minimize filling. Dick recommended seeing Bert Cook about it. MOTION: To continue to 10 -18 -93 at 7:50 p.m. for the purpose of exploring alternatives to filling. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -440 Remus Realty Trust -- Fatty's Rd., Lots 15 -20, 28 -34 -- Detention area, related grading and drainlines within 100 ft. of wetlands Ron Bonvie, Ralph Maloon, Mike Paglia were present. Changes made to grading. Plan presented addresses commission concerns. Just off site has been designated a wetlands wildlife habitat, but this is not actually on the site. MOTION: To close the hearing. (Powers - Sadowski; all in favor) VOTED CERTI ICA E OF COMPLIANCE: Lot ,B A D A Ne r. tonvie was present. La m. nWs ;47U e rt�chh� that he put togetlrer.a pA #q XR6 §PBr�jtafjoUowvr1 C PAR'SM QQ4A1ns llXttwoil�veetunencPmbered Mr. Paglia no longer has the right to do work on the lot. Dick recommends a partial certificate be issued to include all work except stabilization. MOTION: To issue a partial release per discussion. (Powers - Smith• all in favor, Weidner abst.) VOTED The meeting adjourned at 12:1 a.m. 4