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HomeMy WebLinkAboutConservation Minutes 6/14/1993TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 3 1101" �I I MANSFIELD CONSER-.VATION COMMISSION AGENDA MONDAY, JUNE 14, 1.393 7.30 CALL TO ORDER 7:55 REQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION Greg Becker- Emerson Circle -- Drainage /grading work within buffer zone 8.00 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -425 New England Investment Group Trust- -Bay Brood: Farm, Branch St. -- Roadway construction for 42-lot cluster subdivision 8.30 WETLANDS PROTECTION ACT HEARING CONTINUATION P. & E. Walsh - -39 Fieldstone Dr. (lot 56i -- Single family house and associated work within 100 ft. of wetlands 8:45 WETLANDS PROTECTION ACT HEARING CONTINUATION M. & P. Morizio - -92 Oak: St. -- Residence construction within 9.2 -acre residential comPoUnd AS TIME ALLOWS: MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE ORDERS OF CONDITIONS - Stearns Hills, Baybrook Farm MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 14, 1993 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Oberlander, Powers, Sadowski, Smith, Weidner MOTION: To accept the minutes of 5 -24 -93 as corrected. (Powers - Sadowski; all in favor) VOTED MANSFIELD OIL: [Comm=.. Powers and Cormier left the meeting for the duration of this discussion.] Atty. Manoogian was present, with Mr. MacDonald, to ask what procedure to follow with regard to amendments to the original scope of work on the property. There is an existing building which varies from what is shown on the plan. There was conflict between the original order and other more recent regulations of DEP relative to the dry well system. Comm. Sadowski expressed the opinion that the order must be amended in a public hearing, though not necessarily through a new Notice of Intent. Questions also remain about wetland filling on northwest corner of property. Some plantings along the front of building have also been eliminated, thereby creating a parking space where one was not intended. Dick feels the commission can administratively deal with the dry well issue, given DEP regulations. The shed could be dealt with through an amended order, with notification through newspaper. At that time commissioners will modify the order and review all considerations. Dick will pull together an outline of all of the relevant issues. MOTION: To advertise the amendment hearing for 6 -28 -93 at 7:30. (Sadowski - Weidner; all in favor) VOTED [Comms. Powers and Cormier returned.] REQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION Greg Hecker - -2 Emerson Circle -- Drainage /grading work within buffer zone Mr. Fuller has agreed to implement a dry well; costs for drains will be shared, which will eliminate the need for the long trench into the swamp /wetlands area originally proposed by Mr. Becker. This work may or may not constitute a solution for Mr. Becker, but he is willing to try it. MOTION: To close the hearing. (Sadowski - Powers; all in favor) VOTED MOTION. To issue a negative H3 determination noting that part of the work which has been withdrawn, and allowing the recharge around the edge of the driveway with the dry well. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -425 New England Investment Group Trust- -Bay Brook Farm, Branch St. -- Roadway construction for 42 -lot cluster subdivision Comm. Powers expressed concern that if base grades aren't to plan, the system may not work. Comm. Sadowski concurred that this is ` an unpredictable situation, and suggested making sure the orders mandate spot elevations post - construction, to make sine all has been MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 14, 1993 -- PAGE 2 done according to plan. A special condition could require that prior to the setting of pipes, the top elevation of gravel be verified by engineer. A letter from Sanford was submitted providing specifications for the brook cleanup. Common areas will be owned by homeowners association, although the town has been given easement for utilities (including drainage system). Dick suggested adding a finding recognizing that it will be a homeowners association which will be maintaining this system. He noted that given natural forces, there may be a need for maintenance above and beyond trash removal. Commission will be given copies of easement documentation /homeowners association agreements. Comm. Sadowski felt that replication should' be adequately stabilized so that little maintenance is necessary, because homeowners may not have desire, knowledge, interest, to address the area appropriately. Mr. Rlackey preferred that it be the town's responsibility, much the same as the detention area maintenance which town takes on. Commissioners expressed concerns about residents "improving" the area in their own ways. They noted that this area was a compensation, not detention area. Comm. Cormier suggested incorporating the paragraph from the Sanford letter into the Order of Conditions and into the homeowners association agreement. Mr. Rlackey's concern is that homeowners would not be competent to do the job. It remains unclear who will be responsible for ensuring that the bank replication will continue to work. The applicant agreed to work with the commission and its agent to clarify this matter. MOTION: To close the hearing. (Powers - Sadowski; all in favor) VOTED, WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -426 P. P. E. Walsh - -39 Fieldstone Dr. (lot 56) -- Single family house and associated work within 100 ft. of wetlands Rev. plan dated 6- 11 -93. House is now 41 ft. off the street. Comm. Powers felt that concerns have been addressed adequately. The line of hay bales (which is also the limit of clearing) should be continued toward the street, as noted in the last hearing. MOTION: To close the hearing. (Sadowski - Cormier; all in favor, Weidner abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION M. P, P. Morizio - -92 Oak. St. -- Residence construction within 9.2- acre residential compound Revised plan dated 5 -24 -93 has been submitted along with a letter withdrawing phase 2 work. The commission wishes to condition the project through an Order rather than issue a Notification of Non - Significance; the applicant has no objection. MOTION: To close. (Cormier - Sadowski; all in favor) VOTED LITTLE LEAGUE: One of the conditions under Order SE211 -414 stipulated that the commission be informed before construction started. Representatives MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 14, 1993 -- PAGE 3 from the Little League (Mssrs. Brent Bonnyman and Ken Larson) were present to notify the commission that by the end of June the Little League hopes to start contruction. Regarding parking overflow area, they will keep the commission abreast of the counts. ORDERS OF CONDITIONS: SE211- 373 and 417: STEARNS HILL. Move to finding. "The Commission is of the opinion that this project requires a NPDES permit from the Regional Office of the EPA. The applicant is urged to contact the regional EPA office and submit whatever forms or applications are required." Add to #25: "as well as to the plans requested in this order." MOTION: To issue conditions as written and amended. (Powers - Sadowski; all in favor, Weidner abst.) VOTED SE211 -425 (BayBrook) Add finding: The applicant has expressed a willingness to work with the Mansfield Conservation Commission on a long -term maintenance plan to ensure on -going viability of the replication area. Other changes to conditions: add to #11: "unless soils contain noxious weeds, contamination, or other undesirable substances." Add to 05: Prior to and during the construction period, the deposition of trash and other debris in the stream will be discouraged by the installation of the haybale /filter fabric sedimentation barrier at the limit of work adjacent to the stream. Move to finding: "The Commission is of the opinion that this project requires a NPDES permit from the Regional Office of the EPA. The applicant is urged to contact the regional EPA office and submit whatever forms or applications are required." Add new condition: Prior to the setting of pipes, the top elevation of gravel shall be verified by engineer to ensure grades are per plan. MOTION: To approve conditions as written and amended. (Powers - Sadowski; all in favor, Weidner, Oberlander abst.) VOTED SE211 -426 MOTION: To issue the conditions as written and amended (regarding extension of hay bale line). (Powers - Cormier; all in favor, Weidner abst.) VOTED SE211 -428 MOTION: To issue the conditions with finding added. (Powers - Cormier; all in favor) VOTED CERTIFICATE OF COMPLIANCE: SE211 -393, lot 1 Bicentennial Court. MOTION: To issue the Certificate of Compliance for SE211 -393 to be held until Dick feels that remedial work is complete near driveway. (Powers - Cormier; all in favor; Weidner abst.) VOTED I NEW BUSINESS: MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 14, 1993 -- PAGE 4 ERICK ROAD /BONNEY LANE: Hayward - Boynton Williams has reviewed r' the project; Mr. Keith has sent a letter indicating that he has no 1 interest in allowing tree cutting, etc. to take place on his property. Dick suggests that the stream bed cleanup will proceed; but given that each lot must now be considered separately, the options for remedial .work have been reduced. If and when lot 2 is developed, as much storm water as possible must be retained on that lot. Comm. Powers suggested writing back to the engineer asking that they consider the actual existing conditions. [Comm. Oberlander left.]. Dick will generate a response, but indicated that the town will be paving Bonney Lane and Erick Road very soon, which will limit what can be done. OUTSTANDING ENFORCEMENT ORDERS, Staples and Nelson. Dick: no response yet from attorney. REGISTERING EMINENT DOMAIN TAKING: Mr. Flynn indicated that Mr. Mangiarotti has been provided with all necessary info, about two weeks ago. By Wednesday morning, Mr. Flynn will have provided to him the final wording for the Order of Taking. TRAILS /MAPLE PARK: Chairman Cauldwell is looking for a subcommittee to consider- /plan trail marking. Comm. Cormier has [been] volunteered for this task. The Tru=_-tees'of Reservations people may be able to assist. STATUS OF STATE -OWNED 80 ACRES: State officials indicated in May their commitment to respond within 10 days. However, there still has been no decision. Norton and Mansfield Conservation Commissions have written letters, as have the Trustees of Reservastions, Nature Conservancy, etc, in support of returning the .land to the town. MOTION: To authorize Comm. Cauldwell to send another letter if necessary. (Powers - Sadowski; all in favor) VOTED LETTER FROM BOB SWANSON REGARDING RIPRAP AT MAPLE ST. CULVERT: The commission wants to send a memo thanking Mr. Swanson for his timely response, but asking for a sketch plan and details about how many cubic yards of riprap will be used, the size of the stone, etc. The meeting adjourned at 11:40.