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Home My WebLink AboutConservation Minutes 8/9/1993TOWN OF MANSFIELD, MASSACHUSETTS i � 50 West Street, Mansfield, MA 02048 iS mANSFIELD CONSERVATION COMMISSION AGENDA NONDHY. HUGU -Si W, 13S3 7:30 CALL TO ORDER 7:50 WETLANDS PROjEC:TION ACT HEARING CONIM H1100 - SE211 -qjl James Barry, Jr. -- Exclusive Use Area D. ou Oak Sti.-- Construction of house and related grading within 100 ft. of wetlands 8:00 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -430 C:rosspoint Development Carp.-- Chauncy St. at Forbes Boulevard - -To construct an 87,048 sq. ft. shopping center, a portion of which will require wort; within bordering vegetated wetland, intermittent stream bang, and buffer zone. 8:10 REQUEST FOR DETERMINATION OF APPLICABILITY Hamilton Realty - -33 Suffolk Rd. (lots 9 & 29) -- Replacement of existing subsurface sewage disposal system within 100 ft. of wetlands 8:20 REQUEST FOR DETERMINATION OF APPLICABILITY Hutchins - Trowbridge- -Lots 36 & 37 Fieldstone Dr. -- Grading, driveway, utilities for two single family houses within 100 ft. of wetlands 8:35 WETLANDS PROTECTION ACT HEARING - Balcom Realty Corp.- - Fruit St. (Map 34, Parcel 51) -- Grading, driveway, utilities within 100 ft. of wetlands 9 :00 WETLANDS PROTECTION ACT S. Main St. Plat 14, buffer zone, construct house /garage HEARING - Balcom Realty Corp.- - Parcels 20 -22, part of 17 -- Within detention area /swale & remove MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS gilo walk =for' deivinvvc-/ MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, AUGUST 9, 1993 -- PAGE 1 Members Present: Chairman Cauldwell ,'Commissioners "Oberlander,: Powers, il Sadowski, Smith, Weidner The meeting was called to order -at 7:30 p.m. MOTION: To sign letter to Gov. Weld (concerning Kerasiotes decision re Great Woods excess acreage) as written. (Powers - Sadowski -; all in favor) VOTED -The commission reviewed a letter drafted by Dick Lewis from the Chairman to Mr.. Kerasiotes; the commission in reviewing it made. the following changes.' 1. Remove "additional" from "additional access point ". 2. In the last paragraph, replace "excess" with "88.35 acres in: question ". MOTION: To approve letter from Chairman as drafted by Dick. and rev. by Commission. (Powers - Sadowski; all in favor) VOTED Lenny Flynn presented.the commission a copy of a- letter from NRT describing its displeasure with the Keradiotes decision and pointing out inaccuracies in various correspondence from Mr. Kerasiotes: The Board of Selectmen has authorized Mr. Flynn to get legal ,opinion.as to whether Mansfield has a.potential court case, since the land acquisition program was built on the basis of those - parcels being 'returned as promised. Mr. Flynn requested that the Conservation -Commission also authorize his finding out whether state and federal conservation organizations would assist legally; he has requested information from the_Conservatipn Law Foundation and Trustees - of`Reservations. MOTION: To request that Mr.. Flynn do such research about what legal action commission could take and rep.ort back to-thie Commission. (Powers - Sadowski ;.all in favor) - VOTED Finally, in the matter of the parcels voted on by the Town Meeting in 1993;. Mr. Flynn wants to know whether they have been recorded. Chairman CaUldwell does0 t know but will check.:with Dick. - MINUTES: MOTION: To adopt the minutes 'as discussed. (Powers - Weidner; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - .SE211- 431.James Barry, Jr. -- Exclusive Use Area ly 90 Oak St. =- Construction of house and related grading within 100 ft. of wetlands DEP Number received; no new information requested or received. MOTION: To close the hearing. (Powers - Sadowski; all in favor) VOTED' WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -430 Crosspoint Development Corp.-- Chauncy St. at Forbes Boulevard - -To construct an 87,048 sq, ft. shopping center, a portion of which will require work within bordering vegetated wetland, intermittent stream bank, and buffer zone. DEP ,number received; no additional information requested. The applicant has submitted a draft of. proposed orders; Pick Lewis also drafted orders. MOTION: To-close the hearing. (Powers - Oberlander;, all in favor) VOTED REQUEST FOR DETERMINATION OF. APPLICABILITY "Hamilton Fealty - -33 Suffolk`Rd.:_(Ibts.S_ P, 29)-- Replacement;.of existing subsurface sewage disposal system within 100..ft: of wetlands Bill Buckley -of Bay Colony. and Joe Courtemanche of Hamilton. Realty were present-. The project site is 12.9 acres, a. portion of which .lies 600'ft. from:Suffo_lk. R-d a.it is.currently.'served by a sitbsurface sewage system which has Mailed. Along the easterly .edge of - the site is a drainage ditch;. pipe,.and_ wetlands. The applicant:is .proposing.a new . system involving pumping to-an-existing stub on West St. :Water - table about 5 -ft. n- a`cQup le.of, test pits. Width of trench will be minimized - (to about *a bucket width). Potential impact: no curb along 'drainage ditch:area;'which.is pitched; so.`a siltation barrier will be 'necessary along, edge of pavement in -that area:_`Liecause . of the: ,:type:Of soils (not very well - drained - soils; very _tight` till) as well_as-the.configuration- (closed system, and uphill in. both directions) fir. Brickley feels water will probably. sit and check'A ams.will not be necessary." Comm: Oberlander concurred: MOTION: To close the* hearing.. flowers Sadowski,_.ali in favor, Smith- abst. -). VOTED MOTION To issue a negative`#3 determination (no stockpiling of materials within an area'. that:_ would drain to wetland' 'w.ithotit safeguards, - proper. siltation controls.) .(Powers -. Sadowski;: all. in favor, Smith abst.) VOTED _ REQUEST. FOR. DETERM .INATIOH' OF, APPLICABILITY _ . ..Hutchins-Trowbridge--Lots 36 & 37- Fieldstone Dr.-- Grading, 'driveway', utilities -for -two single family houses �4 -thin 100. ft. of wetlands Mr..Ndloon represented the applicant: Since the street falls between proiect'.site,and wetland`s,. -no uae_woi1d be served by hay. hales: Driveways pitch toward street and. - runoff will be -taken lip by.street 'drainage. No' other questions-.-' MOTION.- To 'close .the hearing. (Powers - .Sadowski; all in favor.) VOTED . MOTION!' -To issue.a negative H3, per plan: (Powers` - Sadowsk"i;-all in °favor)' VOTED WETLANDS PROTECTION ACT HEARING - Halcom Realty Corp.-- Fruit.St. (Map . 34, Parcel 51) -- Grading; driveway, utilities within 100 ft, of- wetlands - SE2111 -433 Abutters have been notified. Ralph Maloon presented for the applicant. Site involves.a man -made ditch, stone -lined on both sides,_ with a "fringe" of wetlands on - each side. Ditch itself is matted leaves, no growth.. Siltation controls on plan indicate limit of ' construction. Twenty -four feet of the ditch are proposed to be filled, for driveway. The existing ditch can only take drainage that is in the . immediate vicinity; it start's right on the property line, very suddenly; MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, AUGUST 9, 1993 -= .PAGE 3 - it is.also a "considerable distance" from where the house -is proposed. Regarding the ditch: appears to slope to the west,_put also has a natural "hump." Elevation of ground water at_ foundation level estimated at ree to four, feet down in the spring. Approximately 100 sq. ft. of proposed, inc'luding'sewer line. A-compensation area is shown on plan.: 'Comm.. Powers.observed that, given.that this can be considered a' "finger ", the commission may want to waive the replication to avoid disturbing the larger. area adjacent to wetlands. Commissioners want to take a look- at the area. Wetlands have been-flagged, driveway and location of sewer line should also be staked. - Field walk: 8-16 at 6:30 p.m. Anthony and Eleanore Diliilis, 200 Fruit St., were present. and .viewed the plan. MOTION: To continue.to 8 :45 on 8- 23 -93. (Sadowski Powers; all in favor, 'Smith abst.) VOTED SITE WALK :. Mr. Clemmey''s site on Perkins Ave. will be walked 'on 8 -16 -93 at 7:15. p. m,. AMENDED ORDERS FOR MANSFIELD OIL: IComm: Powers left. the room. 1. MOTION:_ To issue the orders.as drafted by Dick Lewis and-discuss I ed at the 7 -12 -93 meeting. (Oberlandei- -. Sadowski; all- in, favor) VOTED [Comm.-Powers returned; Comm. Smith left.] WETLANBS PROTECTION ACT HEARING - Balcom Realty Corp: =r S. Main St. Plat 14, Parcels 20- 22,.part of 17.--Within buffer zone, construct detention areaiswale.P, remove tfouselgarage' Ralph Maloon presented for the applicant.- Abutters have been notified. Hay bale line shown.- In. places there is nearly.a 1:1 slope.. Four basins; Leaching trench (covered, subsurface, with pvc piping) a little over- 300 ft. long, with crushed .stone. Based on permeability testing, plan ('already approved by the Planning Board).is designed to handle the 100 =year storm. Town Engineer requested additional protection, in the farm of-an'area.which will be graded off into a detention area which will outlet from -a grass swale about 10 -15 feet away from the wetlands. Mr. Maloon.doesn't feel detention,will ever come into use. Brainage. study submitted with the filing.: A note. on the plan indicates the location.of the 100 -year flood.line. The commission requested that drainage construction details be added to the contour sheet. Flared end outlet with stone.rip -rap; no head wall. Site walk: 8 -14 -93 at 7:30 a.m. MOTION: To continue to 8 -23 -93 at 9:00..' (Powers - Weidner; all in- favor) VOTED . [Comm. - Oberlander left meeting.] SOUTH MAIN STREET PARCEL: On a related matter, Mr. Flynn reported to the commission that he had provided Mr. Maloon with documentation establishing the easement on the Vickery parcel, and information on all deeds Of surrounding properties. Mr. Maloon explained that a 30 -ft. way (contemplated streets) is sFiown on the deeds. Mr.' Brown .stated his willingness to donate one area to NRT or to the town for conservation purposes, 'because he has'no use for it* He is interested in donating lot 3, with a � Doha_1Oh Would include the & iriferesf ih the COnfe�ryp�2 cl (wJ, MANSFIELD CONSERVATION- COMMISSION:MINUTES MONDAY, AUGUST 9f 1393 -- 'PAGE.4� restriction limiting parking area. Mr: Flynn suggested that it-be restricted. in perpetuity for.conseryation purposes. Mr. Flynn . emphasized, that in order`_to get Self -Help funds access -to N.RT /Town property is, crucial, and this parcel would answer that .need. .Mr. Brown's attorney, Mr. Mangiarotti, has stated his belief that . "contemplated street "' should be treated as a -paper street, meaning that abutte,rs` own to the, - center line, but.,everyone has access over it.." . MOTION: To -ask Dick to requested.permission for use of a special. town—counsel to represent the Commission in this: matter, if, it,bec.omes necessary (given that Mr. Mangiarotti represents: Mr.; Drowb ). (Powers:- Sadowski; all'in favor).. VOTED I {ick. will update the commission and monitor this situation. The Board of Selectmen would have to accept the gift:- Mr.. Brown -has already. notified people to ,whom. he has- sold houses, CERTIFICATE OF_COMPLIANCE SE211 -421 -:Lot R} East St.. I!ick. indicated in: his ,memo -that conditions warrant issuance. of a partial Certificate. Comm., Powers had a question about leaving ttie areas to the east that- a6ut'the wetlands unsta6iIiieii: until September.--Comm. Weidner has. not seen: and-therefore would abstain, - leaving thie- .commission. without a quorum in this matter.' ... A letter. will .be sent to 'the -. applicant asking why the .rest of:the lot can't be loamed and stahlized ORDER ,OF'CONDITIONS - SE211 -431. - ElimIna te.' =the 5LCon A condition i 11. MOTION u-*- To .issue: as discussed.' -: (Powers Sadowski; all in favor? VOTED SE211 -430: Changes.. matle (incorporating suggestions from Bradford Sai.vetz P Associates, Inc.-). ..Add: new- condition 'H27: No'sodium -based de=icing agents are'.to be used.. This condition .is to be.imposed.in perpetuity.. Add•to condition N3c.- For.,work permitted in resource; areas,, *the following sequence will be followed (refer.to Saivetz /Sanford memo dated 8 -G -33, condition IAA ).. . - . Add__to condition R4. "The.-inspector shall also notify the Commission i.f any violations of this.Order are identified during the construction p'eriod." Add to condition 019:. "Any tears, rips, break.s,.,or collapse-of the :siltation - barrier_ shall be; repaired immediately (in no more.than 24 hours)." Add to condition H28: "When the replacement areas have been completed and planted r.." (refer to SaiveL.,_/Sanford memo dated 8 -6-93, conditions N17-and 18). MOTION: To issue the,.orders for SE211.-430 as written. and amended. (Sadowski - Weidner; all in favor) VOTED ' The meeting adjourned at 10:25. /pf