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HomeMy WebLinkAboutConservation Minutes 9/13/1993TOWN OF MANSFIELD, MASSAYHUSETTS' 50 West Street, Mansfield Xt 02048 Cy Q MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, SEPTEMBER 13, 1993 7:30 CALL TO ORDER 7 :50 REQUEST FOR DETERMINATION OF APPLICABILITY - Helen Maloney - -11 Conrod Ct-. -- Storage shed assembly within 100 feet of wetlands 2:00 WETLANDS PROTECTION ACT HEARING CONTINUATION - Karl Clemmey -- Perkins Ave. Lots 1- -3 - -To construct roadway and three dwellings, including associated grading & utilities, within 100 ft. of wetlands �[9[/�1F_QJG5f FU OcTEKMUVF}T)plV 2 :45 WNT6410S R;T€C�TIt� "+ -{ - -HEARTItt - Ralph I. Maloon- -Lots 41 & 42, Deer Path Lane--Construction/grading for single family dwellings within 100 feet of wetlands 9 :00 WETLANDS PROTECTION ACTT HEARING - P, °_. E. Walsh - -Lot 40, Deer Path Lane -- Construct house, driveway, utilities, grading within 100 ft. of wetlands 9 :10 WETLANDS PROTECTION ACT HEARING - C:hristian & Feck: Devt.-- -351 Otis St.-- Construct house; driveway, utilities, grading within 100 ft. of wetlands 9 :30 WETLANDS PROTECTION ACT HEAP -.'ING -- O'Brien & Meeks--Lot 1, South St. -- Grading, utilities, dwelling, septic within 100 feet of wetland resource areas 9:45 WETLANDS PROTECTION ACT HEARING - O'Bri_en & Meeks- -Lot 4, South St. -- Grading, utilities., dwelling, septic within 100 feet of wetland=_ AS TIME ALLOWS: MINUTES CORRESPONDENCE-!NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 13, 1993 -- CAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Powers, Sadowski NRTICONSERVATION CONCERNS: ,I - -Lenny Flynn was present to urge that the eminent domain land taking voted at the April 193 town meeting be registered at the Registry of Deeds as soon as possible. - -Re Kerasiotes' response letter dated 8- 31 -93, Mr. Flynn was pleased that the state will be turning bark all of the 18 acres north of the highway, which represents important access from the NRT/Conservation point of view. However he feels Mr. Kerasiotes did not address the arguments put forth by the NRT or the Board of Selectmen or the Conservation Commission. - -Lenny has contacted the Conservation Law Foundation and has received clarification on the following points: (1) The NRT does have legal standing. (2) The NRT /Commission does have a case. (3) The CLF will handle it and have committed their law firm to act on NRT's behalf, on a pro hono basis (to a point). If the effort goes beyond the law firm's pro bono commitment, a pro bone rate would be charged. The CLF is unwilling to have a precedent set whereby the state can guarantee land back to a committee and then withdraw that after the town had established a conservation plan based on that promise. -- Planning Board area discussion Wednesday night will be about Great Woods study report re zoning. OLD BUSINESS: -- Chairman Cauldwell urged Dick to impress upon Mr. Mangiarotti the necessity to address Mr. Nelson's activities. NEW BUSINESSIUPCOMING RDA: - -Mr. Clemmey requested that the commission walk his parcel before the RDA on 9 -27. Site walks will be set before the end of the meeting; it is commission policy to try to walk RDA sites before the hearing. REQUEST FOR DETERMINATION OF APPLICABILITY - Helen Maloney - -11 Conrod Ct.-- Storage shed assembly within 140 feet of wetlands Ms. Maloney proposes to construct a pre -fab shed, 5' x 81, on cinder blocks, with little excavation required. Land is flat. Comm. powers didn't even see need for siltation controls, when walking site. MOTION: To close the hearing. (Powers - Sadowski; all in favor) VOTED MOTION: To issue a neg. 03 determination, per plan submitted. (powers - Cormier; all in favor) VOTED 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 Mssrs. Clemmey and Merrikan were present, as were eight abutters. Mr. 1 Merrikan had hoped to get the survey elevations information ready for this meeting, but wasn't able to do it. Additional topos will be taken in the disturbed area. He will also collect the rainfall data for this spring also, so it can be correlated with pictures. Regarding the 105 flood: in MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 13, 1993 -- PAGE 2 two days 13.05 inches of rain fell - which is almost two 100 -year storms in a row. Comm. Powers asked that the results of the site walk be reiterated for the record. Mrs. Stearns concurred that from her property, the edge of the grass stopped on the slope part way down; it was agreed that this represented the water line during the spring. Flood storage calculations are .being reviewed by Dave Archard in Engineering, who also asked about pre-and post - development 'runoff plans. Mr. Merrikan will submit that information. Comm. Powers asked what the size of the ponding area is using the edge of the grass.as the defining line; pond size as defined in the regs. is 10,000 sq. ft. That point must be clarified, because the commission has been regarding that as isolated land subject to flooding. In reading the regs., Dick suggested that the area would meet the criteria for a pond. Abutters had no additional questions. MOTION: To continue to 0:00 on 9 -27. (Powers - Sadowski; all in favor) VOTED MINUTES: MOTION: To accept; the minutes of 5 -23 as discussed. (Powers - Sadowski; all in favor) VOTED CORRESPONDENCE: - -David White requested Extension Permit for work. on School St. (SE211 -314). Dick will check the work being done on the site, and will check with Mr. White on time frames etc. - -NCC will hold a public meeting re results of Feasibility Study of Norton Reservoir. REQUEST FOR DETERMINATION OF APPLICABILITY - Ralph I. Maloon- -Lots 41 & 42, Deer Path Lane -- Construction/ grading for single - family dwellings within 100 feet of wetlands On the -site walk, commissioners requested that the plan show the loam pile. Revised plan submitted does so. Wetland line has also been revised. Some grading proposed at the rear of the lots. Original subdivision delineation of line preceded a fire on the site, so the commission used the 12£ contour line which seemed to indicate an accurate line. Limit of construction line is currently inaccurate and should be redrawn. MOTION: To close the hearing. _(Powers - Sadowski; all in.favor) VOTED -- MOTION: To issue a negative 03 determination with stipulation that revised plan show buffer zone and revised limit of work around pile be submitted; no stockpiling of material within b.z. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - File SE211 -435 P. R E. Walsh- -Lot 40, Deer Path Lane -- Construct house, driveway, utilities, grading within 100 ft. of wetlands Michael Trowbridge and Ralph Maloon presented. Revised plan submitted. Wetland line slightly altered from site walk., sewer- system moved as a result. Rev. date 9- 13 -93. Buffer zone line still incorrect. Mr. Maloon suggested that he could move sewer service one foot, to make the water service farther from the buffer zone (about five or six, feet). MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 13, 1993 -- PAGE 3 MOTION: To close the hearing. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -43$ Christian & Feck Devt.- -351 Otis St.-- Construct house, driveway, utilities, grading within 100 ft. of wetlands Michael Trowbridge presented the applicant (Stanley Feck), who proposes to construct a single family home adjacent to Sweet's Pond. Following site walk, more information was added to plan. Existing foundation, loam pile added; hay bale line extended, added small ditch, as well as several notes, re removal of existing foundation, loam pile, removal of debris etc. One hundred year flood shown. Comm. Sadowski felt that all issues discussed during field walk have been addressed by the new plan. Given that the construction of the house is so close to the pond, the Commission expressed concerns about future development even closer to the pond that shown, once the house is built.. Restrictions should be included in orders to make future owners aware of the buffer tone. A photocopy of the plan should be recorded as an addendum to the orders. Paul O'Neill, 294 Gilbert St., abutter, presented letter stating that to gain access applicant must address the Planning Board because Otis St. is a scenic away. In response to another concern, the applicant stated that he is not proposing to move any hydrant or pole. Mr. O'Neill also suggested that a storm drain is present which is not shown on the plan. Mr. Trowbridge indicated that the applicant is aware of the scenic road regs. The applicant stated his intention to use gravel or stone dust for the driveway, with the possible exception of one small "apron" immediately adjacent to the house. Richard Sheehan, 355 Otis St., abutter on three sides, was present. In response to his questioning, Mr. Trowbridge indicated that the driveway will be built at grade, with drainage as it exists now. Mr. Sheehan stated his preference that utilities (water service, phone etc.) be put underground; the applicant agreed at the meeting to look into the cost of burying the utilities. A new plan will be submitted showing any changes to utilities and drainage. Bill Kaphem, 200 Otis, had concerns about the prpximity of his leach field to.the proposed leach field. No separation distance is required. He also noted the number of ducks and geese living at the edge of the pond. Mr. Trowbridge responded that the design maximizes the distance from the pond. Only driveway and grading fall within the buffer zone. Lawn will be kept as minimal as possible (limit of work line shown), to avoid nitrate runoff etc. Pile of loam will be removed (just the portion on the applicant's property, according to Mr. Sheehan). MOTION: To close the hearing. (Sadowski - Cormier; all in favor) (5111dh absl.) VOTED On a related matter, Comm. Powers noted that the old foundation partly on Mr. Sheehan's property contained sod, etc. which had been newly placed; the commission cautioned Mr. Sheehan on any further dumping. MOTION: To send Mr. Sheehan a letter re placing wood chips, sod, etc. Within the buffer zone; though the foundation currently keeps anything from draining into pond, no additional material MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 13, 1993 -- PAGE 4' should be placed there. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - O'Brien Y Meeks- -Lot 1, South St.-- Gradingp' utilities, dwelling septic within 100 feet of wetland resource areas Mr. Trowbridge represented the applicant, who proposes to build a single family house located on South St. Revised plan presented. New 100 - year flood zone indicated, based on` figures done for Witch Pond_II subdivision and reviewed by former'comm. John Rhoads. Wetland re- delineated and note put, on plan that wetlands would-be additionally staked and inspected before any construction. Marianne Walker, 91 South St.y 43- year resident abutte'r,attended the hearing and indicated her objections to the project, as did' Albert - Crane, South St 'n - - - - . Lots i and 4 have been filed with the Natural Heritage Program. No order can be issued until 30 days have passed or until they respond. MOTION: To continue the hearing to 9 -27 -93 at 7:50. ( Powers Cormier; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - O'Brien F Meeks- -Lot 4, South St.-- Grading, utilities, dwelling; septic within 100 feet of wetlands Single family dwelling, dry well shown. The commission disagreed with flags 17 and 18; however, work proposed and siltation controls do not �- adversely affect this_. area. Head wall, 12" crtp pipe indicated on plan. New flood zone info shown (see previous hearing). No work proposed on west side of ditch area. MOTION: To continue (for same reasons as previous'hearing) "to 9 -27 -93 at 7:55.. (orders ready) (Powers - Sadowski; all in favor) VOTEh SITE WALKS: 3 RDA's.(Clemmey, Brown, Walsh); 2 NOI's: Lot 33 Fieldstone, Massapoag Estates - Patty's Lane. Clemmey at 5:30 - 9/20; Massapoag, 7:30 -- 9/18; Fieldstone, 8:30 -- '3/18; Deerpath, 9:00 - 9/18; Ware St., 9:30 - 9/18. - Chairman Cauldwell will attend a meeting with DEP officials, and asked commissioners to indicate any _general concerns they wish him, to raise.. The "lag time" with -regard to handling violations was of concern.- Comm. Sadowski informed the commission about a Corps of Engineers new policy meeting in Waltham on 9 -17. ORDER OF CONDITIONS: MOTION: To issue Orders for SE211 -435 +lot 40 Deerpath) as written and discussed (new plan to be submitted showing new buffer - zone line). (Powers - Sadowski: all in favor) VOTED The meeting adjourned at 11 :30.