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HomeMy WebLinkAboutConservation Minutes 5/24/1993TOWN' OF 9 ^n -- i r,1 MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, MAY 24, 1993 7:30 Call to Order 7 :50 REQUEST FOR DETERMINATION OF AP'P'LICABILITY CONTINUATION Greg Becker - -2 Emerson Circle--Drainage/grading work: within buffer zone 7 :55 WETLANDS PROTECTION ACT HEARING CONTINUATION Remus Realty Trust--Lot 84A, 37 Donald Allen Dr.--Single family dwelling, septic system, driveway, grading within 100 ft. of wetlands 8 :00 WETLANDS PROTECTION ACT HEARING CONTINUATION New England Investment Group Trust- -Bay Brook: Farm, Branch St. -- Roadway construction for 42 -lot _luster subdivision 8:40 WETLANDS PROTECTION ACT HEARING F. & E. Walsh -- -39 Fieldstone Dr. Clot 56j -- Single family house and associated work within 100 ft. of wetlands 9:00 WETLANDS PROTECTION ACTT HEARING M. & P. Mori=io- Oak: St. -- Residence construction within 9.' -acre residential compound 9 :35 DISCUSSION: Bruce Tyson, re Super Stop and Shop project AS TIME ALLOWS: MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE ORDER OF CONDITIONS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 24, 1993 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Cormier, Powers, Sadowski The meeting was called to order at 7:30. MINUTES: MOTION: To accept the minutes of 5 -17 -93 as corrected. (Sadowski - Powers; all in favor) VOTED 103 YORK ROAD - CLEARING WITHIN BUFFER ZONE; Chairman Cauldwell suggested that Dick take a look at work being done there with a view to determine what commission review is necessary. CERTIFICATES OF COMPLIANCE: Hallett Crossing, (East Coast) - lot 65 - SE211 -416 MOTION: To partially release lot 65, for the portion of the work which has been completed. (Powers - Sadowski; all in favor) VOTED SE211 -362, Lots 23, 26, 28, Deerfield Village (East Coast). Comm. needs to see temporary stabilization in place before lots can be released. Fifty percent threshhold has been exceeded; detention area has been completed, but sideslopes are not stabilized. REQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION Greg Decker - -2 Emerson Circle -- Drainage /grading work within buffer zone Mr. Becker has not been able to get a contractor on site and has requested continuation to 6 -14 at 7:55. MOTION: To continue to 6 -14 at 7:55. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -424 Remus Realty Trust- -Lot 84A, 37 Donald Allen Dr. -- Single family dwelling, septic system, driveway, grading within buffer zone Ralph Maloon represented the applicant. New plan submitted, dated 5- 21 -93; siltation fence /hay bales added. Retaining wall to be built from railroad ties. Comm. Powers asked that hay bales be double staked, along with cautionary (yellow) tape to emphasize /delineate no work. zone. Flag 1C appears to be improperly located, wetland line somewhat different than that shown on plan. If so, there may be alteration in the area for which some compensation may be needed (approximately 60 -75 square feet.) In the discussion following it was agreed that the applicant will compensate on this lot for the alteration which has occurred. An Enforcement Order could condition that replication, since the alteration occurred under a previous order. A special condition will be added to the Orders regarding the new wetland line discussed. MOTION: To close the hearing. (Powers -- Sadowski; all in favor) VOTED MOTION: To issue an Enforcement Order requiring that any plans for this area (shown on the plans for SE211 -424) show MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 24, 1993' -- PAGE 2 the area of alteration which occurred under SE211 -174 / orders, and that the applicant come forward with a replication plan which will be implemented when work commences under file SE211 -424. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -425 New England Investment Group Trust- -Day Brook` Farm, Branch St. -- Roadway construction for 42 -lot cluster subdivision Ralph Maloon and Harry Blackey represented the project. Richard Albano, Sanford, has been consulted concerning the banks of the brook. A wildlife habitat study has -been done in the area of the brook crossing; the report has been submitted and changes incorporated into a new plan presented to the commission. The overflow pipe was changed so it doesn't discharge directly into wetlands. Current status before planning board: vote taken,to have town planner prepare conditions for approval. The extent of cleanup - -such as pulling out logs, trash, grass clippings should be included in the orders issued by the commission. In speaking with Mr. Albano, Dick had concerns that "clumps" to be cleaned out were serving a useful habitat purpose. Any cleaning which takes place should involve removing debris as opposed to dredging /alteration /channelization." He recommeded including in the orders a request for narrative for cleaning. A maintenance plan could also be requested of the future association of owners. Comm. Sadowski asked that a Sanford representative or other knowledgeable C party prepare stipulations /criteria /scope of work for such a maintenance plan, with a narrative to be given to Dick before next meeting; Comm. Sadowski would like to see a complete report with` attachments. Comm. Powers wishes to do a more detailed review of habitat study before closing the hearing. In reponse to a question by Comm. Sadowski, it was noted that the term "geo- fabric ", requested by the town engineering dept., was erroneously included; the applicant intends using a pervious jute -type biodegradable fabric. Bruce Rubin, 91 Branch St., was told by Mr. Maloon in reponse to his questions that there will be no extra burden placed on the 'stream by the proposed project. MOTION: To continue to 6 -14 -93 at G:00 p.m. (Powers - Cormier; all in favor) VOTED WETLANDS PROTECTION ACT HEARING P. f. E. Walsh - -39 Fieldstone Dr. Clot 50-- Single family house and associated work within 100 ft. of wetlands Ralph Maloon and Patrick Walsh present. Line has been re- flagged. No locus on plan. Hay bales shown. Most of construction is within the 100 -foot buffer zone. Dick looked at site; house corners have not been staked. Wetland line seems okay. Driveway pitches out to street. Comm. Powers noted that the site is fairly flat and suggested adding hay bales between flags 3 and 1. The commission asked that house corners and corner of driveway be staked before site walk (to take place at 7:30 a.m. on MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 24, 1943 -- PAGE 3 5 -29). Commissioners indicated it would be helpful to have a representative of the applicant on site at that time. MOTION: To continue to 6 -14 at 8:30 with site walk as above. (Sadowski - Cormier; all in favor) VOTED WETLANDS PROTECTION ACT HEARING M. Y. P. Morizio - -92 Oak St.-- Residence construction within 9.2- acre residential compound Mike Morizio present. 100 -ft. buffer zone goes through center of proposed dwelling. Everything in phase one will be done by contractor, who will build home, septic system, secure occupancy permit etc.; Mr. Morizio will later do clearing /fence work. A conservation easement has been included in deed restriction for the purpose of allowing the town to maintain Hodges Brook and has been filed with Registry of Deeds. Wetlands flags must be reestablished and renumbered and house should be staked. No wetlands bounds were ever established by the commission under the original residential compound filing before the Planning Board. Comm. Powers explained to the applicant that the Commission must review the wetland line on site, and that wetland flags must be in place before commission review. The applicant is under time constraints and had not realized that wetlands had not already been reviewed by the commission; he offered to withdraw fence work from this project if that would expedite the process. Comm. Powers requested a letter withdrawing fence work after commission has reviewed the site and determined its comfort level with the project without fence work. MOTION: To continue to hearing to 6 -14 -93 at 8 :45 p.m. (site walk on 5 -29 -93 at 8:15 a.m.) (Powers - Cormier; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -427 (within ACEC) DMG Engineering, Lot 21B, Bird Rd. Single family house and associated work within 100 ft. of wetlands Bill Gottwald could not be present; A flag was missing on the site; the proposed well was not staked on the site. No revision date is shown on plan even though plan has been revised. A special condition could be written stipulating revised plan with date, with well to be located as shown on revised plan. MOTION: To close the hearing. (Powers - Cormier; all in favor) VOTED PRELIMINARY DISCUSSION: Bruce Tyson, re Super Stop and Shop project; John Huber, of Crosspoint (developer of project). Parcel between 140 /106 /West St. was subject of Determination last September to establishe wetland line. There exists a tank /fuel storage area (formerly Drake's property) and a boarded -up house. Total parcel equals 9.5 acres; total impervious 2.2 acres in that area; total open space 7.3 acres, 1.1 acres is wetland. Sanford Ecological prepared report on the parcel. Most of the flow off of 140 is handled through a series of culverts underneath 140 which eventually reach Robinson Brook. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 24, 1993 -- PAGE 4 The reason for this discussion: a scoping session coming up, wanted to keep Commission informed. Proposed building will be 65,000 square feet, 9,000 additional feet of small retail /specialty stores.' Filling of wetland resource areas: area A.- to accommodate truck turnaround - 770 sq. feet filling. A second area of about 870 sq. _ feet and a third area of 2225 sq. ft. will also be filled. Total filling: around 3865 sq. ft., with an additional 260 linear feet of nondescript bank. There will be a total of 5,160 sq. ft. in one potential replication zone, and over 2000 sq.- ft. in a second zone. Detentionyreplication could be combined in one area. Water from roof I ould be discharged to front of building and then directed. Not all replication has been calculated out (replication /detention proportions). Dick asked whether plan takes into account travel lane for fire dept. At this time, there are no plans to get around the building with a fire truck. Hydraulic contiguity is being considered and planned for. Comm. Sadowski indicated that the amount of impervious area - -esp. for parking -- concerns him, as does potential water quality impact. Point discharge as opposed to infiltration; something will be needed to prevent scouring etc. Flow cannot be increased. All these points will have to be addressed at the time of the hearing. Area is filled, so some material will have to be removed. ORDER OF CONDITIONS - SE211 -424, DONALD ALLEN DRIVE With separate Enforcement Order, proposed condition H1 could be eliminated. Add to H7 (and to boilerplate orders) "all mitigation devices /measures shall be maintained..." Flagging should be done along the limit of clearing to give a clear visual warning. MOTION: To add to boilerplate verbiage regarding maintenance of siltation devices. (Powers - Cormier; all in favor) VOTED MOTION: To strike "unnecessary" from boilerplate condition H9. (Powers - Cormier; all in favor) VOTED MOTION: To issue Orders for SE211 -424 as proposed and amended. (Powers - Cormier; all in favor) VOTED MOTION: To issue Orders for SE211 -427. (Cormier — Powers; all in favor) VOTED NEW BUSINESS: - -Hay bales near Piasecki Farms should be maintained. Dick. will check. -- Regarding meeting with Planning Board Wednesday night: put in writing that a residential compound came before board for which commission had not set wetlands bounds or reviewed. Comm. Powers will attend. MOTION: To send such letter. (Powers - Cormier; all in favor) VOTED -- BRISTOL ARMS: Conservation Commission rescinded a Certificate l.. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 24, 1993 -- PAGE 5 of Compliance for File SE211 -180 and re- opened the order allowing remaining work to proceed under order. FDIC has taken over lots 1, 2, 3. Dick and Ilan Clifford have met with the engineer to review the state of the project. Dick gave all parties a complete package reviewing the complicate history of this project, including former commissioner Rho�f�sls memos. The new project owner sent information back to the original engineer (Hayward /Boynton & Williams) who came up with the same conclusions which were originally questioned by the Commission. Owner of adjacent property, Keith Devt., has declined to grant an easement for work on his property. - -Lenny Flynn was present to remind the commission that the NRT had bought 30 ft. wide strip of land extending to S. Main St. for access to the Taylors Hill parcel. He urged the Conservation Commission to establish precisely where that property is, because such frontage and parking is required for Self -Help funding, which mandates access to Great Woods parcels; it is especially important to do it nowbPecause there is building occurring in that area and the town must certain that a house foundation isn't built in the wrong place. Dick suggested putting some money into surveying some of the commission holdings, since it is very unclear where some of its parcels are. Dick will begin process of looking into how it will get done. Lenny urged again that it be done within days, not months, because houses are going in. -- Letter from the Town Manager to Chairman Cauldwell indicating "extreme displeasure" with negative comments made about Bob Swanson in a public forum. Chairman Cauldwell explained to the commisiion that he was attempting to respond to unwarranted criticism of the Conservation Commission. His response was that it was not his intention to malign, but to point out problems that exist and respond to criticisms received. The commission agreed that the Town Manager should be invited to discuss such problems. MOTION: To send a response including points noted above, to be signed by all commissioners, in the interest of fostering better communication, if Chairman Cauldwell wishes to do so after speaking to the chair of the Board of Selectmen. (Powers - Cormier; all in favor) VOTED -- Regarding outstanding issues re MANSFIELD OIL - Commission needs new member before any official decision can be made. The meeting adjourned at 12:00. /pf