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HomeMy WebLinkAboutConservation Minutes 6/28/1993TOWN OF MANSFIELD, MASSACHUSETTS i t J, 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, JUNE 28, 1993 7.30 REQUEST FOR AMENDMENT OF ORDER SE211 -335A: Mansfield Oil, 945 East St. 8 :00 WETLANDS PROTECTION ALIT HEARING - Nicholas Riccir -- Esser: St., Lot 2 -- Dwelling & associated work within 100 feet of wetlands AS TIME ALLOWS: MINUTES CORRESPONDENCE/NEW BUSINESS CERTIFICATES OF COMPLIANCE NEW BUSINESS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, dune 28, 1993 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Oberlanderr, Powers, Sadowski, Smith, Weidner MINUTES: MOTION: To approve minutes of 6- 14 -93. (Powers - Sadowski; all in favor) VOTED MOTION: To approve minutes of 6 -21 -93 as amended. (Powers - Sadowski; all in favor, Oberlander and Smith abst.) VOTED NEARING: AMENDED /REVISION TO ORDER OF CONDITIONS FOR TOM MCDONALD - MANSFIELD OIL, EAST ST., FILE SE211 -335 [Comm. Powers was not present for the duration of this hearing.] Attorney David Mannogian, representing Tom and Cathy McDonald, opened the discussion by reviewing point by point the items outlined in his letter of 4 -14 -93 which are requested for modification. Dick Lewis clarified use of "holding tank" (as used by D. Manoogian) and the dry well and oil /water separator, stating that it was the existence of the dry well which conflicted with other DEP regulations. Mr. Manoogian stated that the second issue is the size of the garage; a 30' x 30' garage /office was constructed. He asked for clarification of the 1991 Amended Order to allow for the 30' x 30' structure. Manoogian stated that the size constraints of the site and the limited size of the building required the construction of the concrete pad with shed at the rear of the garage. Shed house treating unit and oil storage tank which is within a steel containment unit has 110% capacity. Mr. Manoogian raised the issue of eliminating shrubs in front of the site which restricts access by customers of Mansfield Oil; he proposed some sort of stone dust driveway for customers and also short term parking of the oil delivery truck and the van, and he stated he was open to suggestions from the Commission for the material to be used for this new parking area. Discussion of each individual item took. place. Regarding oil /water separator and dry well, Dick stated that the Special Conditions listed in Manoogian's letter (numbers 8, 9, and 11) are not completely related to the sealing off of the dry well. Chairman Cauldwell raised the question of pumping of oil /water separator relative to pumping of collected rain water as opposed to removal of spilled oil. Mr. Manoogian proposed having a Special Condition stating that if the separator is pumped that it be done in compliance with DEP regulations. Comm. Sadowski is of the opinion that the file contain specifications of the oil /water separator. He had questions about amount of water evaporation occurring with separator; believed that not much evaporation would occur. Dick Lewis raised the issues of Notice of Claim filed by the McDonalds and related that Town Counsel is of the opinion that relief sought by the McDonalds through claim is similar to relief sought through proposed Amendments. Commission consensus was to not link the Notice of Claim to any revision to the Order. Regarding the size of the garage, the consensus of the Commission was that expansion was away from the wetland and is really a non -issue at this point. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, Tune 28, 1993 -- PAGE 2 Regarding the shed and pad, Dick stated that he felt better about the structure since the steel containment unit was placed around the oil tank. Oil burner and tank are in a locked building, thereby reducing chances of vandalism. Regarding shrubs and parking, Dick Lewis stated that shrubs in front are outside the buffer zone; felt that shrubs in rear should be retained because the rear of the property becomes accessible with potential for adverse uses. Manoogian stated that there may be a need to get access to the rear of the property and other legitimate uses such as landscaping. Chairman Cauldwell questioned the ability of the Commission to restrict the rear use of the property. Tom McDonald stated that he plans to place a 10' ;; 30' grooved concrete parking area to the left side of the dike. Consensus of the Commission: to eliminate the front and rear shrubs. Comm. Sadowski raised issues of Unstabilized area at rear and side of building due to potential problems resulting in siltation and runoff from drips from parked vehicles. Agreement that disturbed areas would be stabilized prior to issuance of a Certificate. Mr. Manoogian summarized items agreed to as follows: a. If and when oil /water separator is pumped, it shall be done in accordance with DEP regs and absorbent diapers be used and kept on site. b. Prior to issuance of a Certificate of Compliance, specifications of oil /water separator shall be submitted. C. 30' ;: 30' garage is acceptable. d. Concrete pad and shed at rear of building is acceptable with condition that steel containment unit stays in place and shed is locked. e. 10' x 30' concrete parking pad to left of larger dike and Shrubs will be eliminated at front and rear of site; areas not concrete will be of material as designated by ZDA and Planning Board. f. Disturbed areas would be stabilized. Chairman Cauldwell stated that siltation controls should be in place until stabilization is completed; Attorney Manoogian agreed. Dick. Lewis believes that an as -built showing the building footprint, dike footprint, manholes, etc. should be submitted prior to issuance of a Certificate of Compliance. A Land Surveyor can prepare this. Dick also raised issues of potential wetland alteration at the right corner of the building. Chairman Cauldwell felt that wetland filling probably did not occur, but fill overtopped the hay bales. The as -built may help to clarify this issue. Chairman Cauldwell felts that the slope around the side and rear corner is steep and requires stabilization. Discussion of proposed Order to be prepared by Dick will be reviewed on 7 -12 -93 at 7:30 p.m. IComms. Powers and Cormier re -join the meeting.] WETLANDS PROTECTION ACT HEARING - Riccio, Esser, St. Michael Trowbridge represented the applicant. Wetland line was set by a Determination of Applicability in March 1991. Driveway pitches south away from wetland. Comm. Powers raised issue of driveway in relatiop to stone wall and stabilization at driveway edge. This will be checktin the field; edge of driveway will be staked before site walk 6 -29 -93 at 6:30 p.m. Abutter John Bryant commented on the water flow across their driveway; he has concerns with water issues for this lot. MOTION: To continue hearing to 8:15 on 7- 12 -93. (Powers - Sadowski; all in favor) VOTED DISCUSSION WITH STEVE BERNSTEIN about low area behind his house near Pleasant /Cottage/Clinton Street intersection. He has a problem with the Town relating to completing grading work in this area. Mr. Bernstein gave a history of water- problems in this area; he cited a need for Town to maintain this drainage area. General discussion about possibly getting letter from DEP regarding need for Town to provide maintenance. Questions raised as to whether the area is subject to jurisdiction by the Commission. Final decision made to advise Bob Swanson to file a Request for Determination of Applicability to resolve jurisdictional question. Dick will speak with Bob about this. CERTIFICATE OF COMPLIANCE, Lot 12 (13 Maple St.). Request for full release from SE211 -198 and Partial Certificate for overall subdivision order (SE211 -131, which has expired). MOTION: To grant as requested. (Powers - Sadowski; all in favor, Oberlander abst.) VOTED ROUTE 106 OVERLAY WORK: Discussion of whether RDA is required for proposed work to overlay Route 106. Bob Swanson asked that the commission review this issue. The commission talked about whether new drainage work would be done and how to protect adjacent resource areas. Concerns raised by Comm. Sadowski as to amount of newly placed asphalt so near drainage structures. Final decision to send memo to Bob Swanson stating that if only overlay work will occur, the project is okayed. If new drainage work will occur, then these plans need to be brought forward to the Commission. Appropriate siltation devices should be in place. MOTION: To send a memo to Bob Swanson summarizing the above. (Powers - Sadowski; all in favor) VOTED FIELD MODIFICATION, Request by Bob modification of the Drive extension. M Commission approves this discussion.] DETENTION BASIN JOANNA DRIVE Swanson for Commission to approve field detention basin on the westerly side of Joanna edification involves slight redesign of the basin. this modification. [Comm. Powers abstained from MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, June 23, 1993 -- PAGE 4 RETTMAN LEGAL ACTION Rrief discussion regarding legal action by town counsel on Henry Rettman case. Commission approved request of counsel to file Supplementary Process papers. HATHEWA`/ f. PATTERSON Comm. Sadowski asked about who, since Hatheway P. Patterson has filed -for Chap. 11, will be overseeing the site. The commission voted to send a letter to DEP asking them about the status of the project. The meeting adjourned at 11:15 p.m. i l