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HomeMy WebLinkAboutConservation Minutes 7/26/1993TOWN OF MANSFIELD, MASSACHUSETTS 10 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, JULY 26, 1993 7 :30 CALL TO ORDER 7 :50 WETLANDS PROTECTION ACT HEARING CONTINUATION - James Barry, Jr. -- Exclusive Use Area D, 90 Oaf; St.-- Construction of house and related grading within 100 ft. of wetlands 8 :00 REDUEST FOR DETERMINATION OF APPLICABILITY - Town of Mansfield, to determine wetland resource area at Clinton, Pleasant, and Cottage Streets 8.30 WETLANDS PROTECTION ACT HEARING CONTINUATION - Crosspoint Development Carp.-- Chauncy St. at Forbes Boulevard - -Tc- 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. 9 :30 WETLANDS PROTECTION ACT HEARING — Karl C:lemmey-- Perkins Ave. Lots 1 -3 - -To construct roadway and three dwellings, including associated grading & utilities, within 100 ft. of wetlands AS TIME ALLOWS: MINUTES CORRESPONDENCE/NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 26, 1993 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Oberlander, Powers, Sadowski, Smith, Weidner MINUTES: MOTION: To approve minutes of 7 -12 -93 as amended: clarify that Comm. Smith was present; clarify that Comms. Powers and Cormier were not present for the Mansfield Oil discussion; correct spelling of Mike McClanahan and Steve Bernstein's names. (Powers - Sadowski; all in favor, with Powers abst. from reviewing portions involving Mansfield Oil) VOTED [Comm. Smith arrived.] WILLIAMS ST. BRIDGE DISCUSSION Memo from Bob Swanson asking for comments from Commission. Since no plans for relocation /reconstruction of bridge, the Commission should refer back to R. Lewis memo. Commission should ask for notices Of future hearings and copies of plans. MOTION: To send Bob Swanson a memo incorporating above discussion. (Powers - Sadowski; all in favor) VOTED CERTIFICATES OF COMPLIANCE: Lot 1, 2 Gander Lane, SE211 -395, Dick reports all work is done. MOTION: To issue certificate. (Powers - Cormier; all in favor, Smith & Sadowski abst.) VOTED 571 Maple St., SE211 -340. Attorney needs 're- certification; commission released this lot in 191. MOTION: To issue the certificate. (Powers - Oberlander; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - James Barry, Jr.-- Exclusive Use Area D, 90 Oak St. -- Construction of house and related grading within 100 ft. of wetlands No DEP number received. Ralph Malcon presented a new plan which moved the hay bale line around test hole 06 for clean -up purposes. Comm. Powers stated she had keyed out one of the ferns found on the site. Interrupted Fern which is a non - wetland species. Bick will have a proposed Order on August 9th which will address any issue raised by the state. MOTION: To continue to 5 -9 -93 at 7:50 p.m. (Powers - Sadowski; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - Town of Mansfield, to determine wetland resource area at Clinton /Pleasant /Cottage Sts. Abutter Ban Thurber presented a plan prepared by David Grant (dated 7- 26 -93) showing wetland line flagged by Gary Sanford. Mr. Thurber says the Sanford wetland line stops at the Bernstein property iline since Sanford did not go on to Mr. Bernstein's land. Mr. Thurber believes that wetland area does exist on the Bernstein property. Abutter Bernstein disagrees with this statement; says mater backs up MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 26, _1493 -- PAGE 2 onto his land. In response to question from Commissionq abutter Forbes says pipe at Clinton Pleasant intersection does not carry any street flow. Mr. Bernstein agrees with this. Abutter Griffin asks about implication if area is determined to be bordering vegetated wetland. The application process for work in bvw or the buffer zone was explained. Mr. Thurber states that Gary Sanford says area does contain a bvw. Mr. Bernstein says that for as long as he has lived in the neighborhood that no water has flowed through this area. Abutter Cindy Bertram disagrees with Mr. Bernstein and says that water flow does occur. 0',�k,S okea wr1;h IHr, Sah�orn uJhb vd c<ted ttiaY.rPCevrF cdjvdicaicry Means 5 WUvid it"Xceite Ylee dra6� t+a /Ai {oe. cjnbeterPG( 6VW. Comm. Powers asks if 1989 drainage work has solved flooding and drainage problems. Mrs. Thurber says problem area is the catch basin at Cottage /Brook intersection - -basin is too high. Mr. Bernstein agrees. Says Town efforts to regrade and Swale the depression was not done with back -up engineering or survey work. Sarah Forbes shows old plan which identifies low spot which is where current problem is found. Wonders what will happen to this area if all water is evidently directed away from this depression. No input at meeting from Engineering Dept. Comm. Powers says Sanford information is helpful. The hearing was closed. r/ MOTION: To issue a Positive Determination 01, with copy of Grant /Sanford plan attached to the Determination. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - Crosspoint Development Corp. - -Chaim cy 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. Engineer Don Springetti distributes reports from himself and Sanford Ecological Services which respond to issues raised at last hearing and site walk. Issues discussed are: 1. Erosion Control and Construction Sequencing -- replacement bvw areas and wet marshes will be readied to receive wetland soils and hay bale /silt fence plus concrete retaining wall in back of site will help with sediment control. 2. Rubber roof membrane will promote clean run -off; revised plan showing roof flow being directed toward rear where replication and wet marshes area located. 3) Second catch basin in truck loading area being added. Gary Sanford addresses roof water /quality of run -off; tests in similar area show drinking water criteria meta Water quality should be improved through wet marshes. Wetland replication area will use existing soils or 50 /50 peat /loam mix. Reviews report relative to impacted tree in replication and marsh areas and lighting impact on MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 26, 1993 -- PAGE 3 wildlife. Finds no substantial impacts on wildlife in the general area from lighting. Comm. Cormier asks about life expectancy of roof membrane and construction of detention basin. Don Springetti says roof material is good for 15 -20 years at least; explains detention basin construction. MOTION: To continue to 8 -9 -93 at 8:00 p.m. (Powers - Cormier; all in favor, Smith abst.) VOTED WETLANDS PROTECTION ACT NEARING - Karl Clemmey -- Perkins Ave. Lots 1-- 3--To construct roadway and three dwellings, including associates grading f, utilities, within 100 ft. of wetlands No file number received from state. Mr. Clemmey presents letter from Day Colony Group askincg f0r.COntinuation. Comm. Powers asks Mr. g - -p Clemmey if he is givin t.e v me ermi m1ss�pn ss ion to enter onto his land given his previous statements regarding access. Mr. Clemmey says he has filed a Notice of Intent and that the Commission can enter onto his property. Site walk scheduled for 6:30 p.m. on 7- 29 -93. Mr. Clemmey has nc objections to abutters walking the site. Dick will contact Day Colony regarding staking the site. MOTION: To continue hearing to 8 -23 -93 at 8:00 p.m. (Powers - Sadowski; all in favor) VOTED MOTION: To send letter to applicant stating that hay bales shall remain in place and no further work shall be done until the final Orders are issued and the appeal period is over. (Powers - Sadowski; all in favor) VOTED MILL POND DAM DISCUSSION Bob Swanson, DPW Director, was present to report the violation. Says DPW crews did the work involving excavation of old sluiceway and Placement of wood forms. Work was performed contrary to his instructions; he had no intention to do work without a permit and said he had instructed crew that no work should be done without permit. Said he had no knowledge of work being performed. Bob Swanson apologized for the violation. Comm. Weidner asks what happens now. Mr. Swanson outlines the bad condition of the old sluiceway. Once he discovered the violation he informed Dick. Money in State budget for study of dam and construction. Mr. Swanson not-sure when study will be completed. [loping to do some work this season. Final reconstruction design has yet to be worked out. Comm. Powers asks if work order had been signed for this project. Chairman Cauldwell asks if anything was in writing not to do any work until permits were in place. Swanson says no to both questions. MOTION: To issue an Enforcement Order with attached memo stating that an Order is the best mechanism to reach compliance. Two weeks to complete restoration work outlined in Dick's memo. i(Powers - Sadowski; all in favor) VOTED Dana Colby requested Certificate: no action taken. Send letter MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 269 1993 -- PAGE 4 to Colby asking him to review number of lots requested for release in order to stay below 507 threshold in Order. DISCUSSION OF ROUTE 495/140 LAND TRANSFER Letter from Secretary Kerasiotes outlining state's proposal. Board of Selectmen not pleased with proposal. Importance of, having Town -wide cooperation on this issue. Dick will draft Commission response with Greg to check. Comm. CaUldwell raises issue of individuals coming before Commission prior to formal application being filed: is this a good thing? Asks commissioners to think about this. DISCUSSION OF LETTER FROM RALPH PENNEY. Dick will draft response and send letter. [0o ; *i# lowem &Oio , +Ilis dI560560k1J The meeting adjourned.