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HomeMy WebLinkAboutConservation Minutes 3/28/1993MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JA4644 FADE 1 .409'9 -"f1 V1 i9y3 Members Present: Chairman Cauldwell, Commissioners Cormier, Forbes, Powers, Sadowski, Smith The meeting was called to order at 7:00 p.m. MINUTES: MOTION: To approve the minutes of 3 -8 -93 as corrected. (Powers - Forbes; all in favor, Sadowski abst.) VOTED CERTIFICATES OF COMPLIANCE: SE211 -327: Dick recommended a partial release because landscaping and driveway area is incomplete. MOTION: To issue the partial release, to be held by Dick until an as -built is received. (Powers - Forbes; all in favor) VOTED 211 -411: Lot 72, partial release due to conditions. MOTION: To issue as -built (Powers Hallett Crossing -- Dick recommended issuing a incomplete landscaping because of seasonal a partial release, to be held by Dick until an is received. Forbes; all in favor) VOTED REVISION IN PLAN OF RECORD FOR ORDER SE211 -416 (Hallett Crossing lI): East Coast has requested that its new plan for Jefferson Road, Lot 65 be accepted as the plan of record for this lot. The impact to wetland/buffer zone has been reduced. MOTION: To accept the new plan as the plan of record. (Powers -- Sadowski; all in favor) VOTED REQUEST FOR EXTENSION: SE211- -333. Mr. Don Baker has requested an extension for this order which covers Lot 2, Kingman Ave. and which expires in August 193. Dick recommended sending letter asking that the commission be updated on the project closer to the expiration date and that it be supplied with reasons why a three-year extension request should be granted. DISCUSSION WITH MR. CARL NELSON, SCHOOL STREET ACTIVITIES Dick met with Mr. Nelson a couple of weeks agog no response has been received regarding its Enforcement Order. Mr. Nelson (68 Spring St., 339 -7204) was present and began the discussion by asking for the commissioners' addresses and phone numbers. In response to questioning by Mr. Nelson, Chairman Cauldwell differentiated between the conservation commission's responsibilities with regard to conservation land acquisition and to the Wetlands Protection Act. He explained that the matter under discussion concerns private land and would be addressed under the WPA. Mr. Nelson had cleared his land 18 years ago and maintains [referring to material stockpiled on the site] that "Everything that was there was always there, it's just higher now "; he also stated that he has moved it. Chairman Cauldwell explained that a filing with the MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, rr•vAm '', 199, -- PAGE 2 �iA9 as Conservation Commission is necessary for such work to be done. Mr. Nelson, in response, explained that his previous dealings with the Conservation Commission have been unsatisfactory from his point of view and have caused delays in his projects. He referred to his attempt to create a farm pond on Spring St. (a 10 -acre pond. project turned down by the conservation commission and later tinder a state Superseding Order); he also made reference to his project involving installation of G -foot chain link fence on Union St., stating that the Conservation Commission held him up as he went through the Determination of Applicability process. [Comm. Smith arrived.] It was pointed out to Mr. Nelson that the time frame was a result of his own delay in submitting plans requested by the. commission. Mr. Nelson explained that he has allowed people to cut wood an his School St. property. The Conservation Commission issued an Enforcement Order- which asked that a filing be made with the commission before -any more wood was cut, and he stated that "We were turned down." Mr'. Nelson also maintains that water from offsite, including from the industrial park and town streets, is coming onto his land. Returning to Mr. Nelsons claims about the stockpiled material, Chairman Cauldwell informed him that though the dirt may have been there all along, it has been moved around, and stockpiling material without siltation controls is not allowed within the buffer zone without Conservation Commission approval. The chairman explained to Mr. Nelson that there are ways to perform the work, but the work must be regulated under the Wetlands Protection Act. Mr. Nelson responded only by stating that he wants to see the town stop letting water flood his property. When the question of a site walk was raised, Mr. Nelson stated that he will allow only Chairman Cauldwell on the land (and possibly Dick Lewis also). Comm. Sadowski stated that he would have difficulty voting on an issue without having a first -hand view of the site. Comms. Cormier, Powers, and Forbes concurred. Mr. Nelson invited Chairman Cauldwell to go and look at it off the record, unofficially, to let him know what he thinks. Chairman Cauldwell will consider and call Mr: Nelson. Mr. Nelson maintains if the brook is cleaned out and if catch basins are placed on School St., his wetlands will disappear. He stated his intention "to use every square foot of land that I have, and to do.whatever I have to do to do that." He indicated his dislike for "spending money on these hearings and getting nowhere." Dick Lewis summarized his concerns by saying that Mr. Nelson has provided no information as requested by the Enforcement Order, such as siltation control plans, plans for restoration of wetlands, etc. MODIFICATION TO ORDER OF CONDITIONS SE211 -346. DISCOVERY OF NEW RELEASE FROM HATHEWAY- PATTERSON Mr. Paul Vigent was present on behalf of Hatheway - Patterson. DEP has determined that an investigation must take place to find source of a newly - discovered release of chemical contamination. DEP wants a response from Hatheway- Patterson as soon as possible. Hand- MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, J*HHARV —?;� -- PAGE 3 /YIHK -. d 2 /143 (' dug test pits are proposed in buffer zone. The company is asking that the existing order be modified to allow investigative work to begin. An extensive area of soil contamination was delineated on plans presented at this meeting and dated 2- 24 -93. Silt fence exists around entire site. There is currently no intention to put sand packs around each test pit, and there will be no leaving excess material in wetland. This is the information - gathering stage only, and interim measure. The company will be back before commission. There are no private wells down- gradient in area. A site walk will be arranged. MOTION; To approve conditionally changing the Order with the commission to be informed about all results with regular progress reports. A letter will be sent to the applicant's representative stating that all work within the buffer zone and wetlands shall have proper . mitigatory measures taken to prevent siltation and adverse impacts. (Powers - Sadowski; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -374 MAC Homes, Inc. -- Between Eastman St. and Stearns Ave.- - Subdivision road /utility construction within 100 ft. of wetlands; 2200 sq. feet wetland filling WETLANDS PROTECTION ACT HEARING - SE211 -417 Jess Realty Trust - -180 acres between Eastman St. and Stearns Ave. -- Subdivision road /utility construction (Stearns Hill) within 100 ft. of wetlands Mr. Pail Folkman represented Jess Realty Trust and MAC Homes; Mr. Ralph Maloon was present as well. Mr. Folkman initiated a two -night presentation by submitting to the commission a draft copy of a hydrogeological expert's report. The work is ongoing; test holes have not all been done, but those which have been done confirm the applicant's point of view. The consultant can't get into some areas until the snow melts. Mr. Aldinger, the consultant, wanted to emphasize that the report is contingent upon the last three test holes being done. Mr. Folkman presented an overview of the project since the project has been long - standing. This is a 180 -acre; 186 -lot site. Northeast corner is owned by MAC Homes, the lower and westerly side is Jess Realty. There area four wetland areas. The project proposes to fill 2200 sq. ft. Approx. 30 % of site drains to one detention basin. The second wetland area is an isolated wetland in the middle of the site, approximately 6 acres surrounded by upland. No construction proposed within the wetlands here, although construction will affect the fringes of this area; some amount of filling will be required for the proposed roadways, which the applicant would like to see handled as individual lot(s) are filed. Approx. 70 % of site drains into another retention /detention area. Former commissioner John Rhodes will take a look at the geotechnical report, and Mike Powers will also be asked to review it as well. Chairman Cauldwell would like the applicant's consultant to present his information to the commission and answer questions. Powers wants to review draft before deciding, and would like the MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, Jt -- PAGE 4 Imp-, 1KY reviewer's comments as well. It was agreed that the consultant, Mr. Aldinger, will come in for the (April 26 meeting). Modifications will be proposed as a result of Mr. Aldinger's report. Site walk: - '�7-41-i 937 7:34 rrr& in front of overflow Gardens. Ronald Cianfarani asked to look at the plans and expressed concerns about whether his property will become wetter if the project goes forward. Comm. Sadowski asked for a plan showing all three wetlands on one map (before the site walk). MOTION: To continue to 4 -26 -93 at 8:00 p.m. with site walk as above. (Powers - Forbes; all in favor, Smith abst.) VOTED WETLANDS PROTECTION ACT HEARING - SE 211--414 Mansfield Little League - -275 Otis St.-- Construction of gravel parking area and associated grading within 100 feet. of wetlands Kenneth Carson, 25 Basin St:, explained that the Little Leaque.is seeking to put a new field in and to relocate parking areas. ZBA has approved a gravel surface for the parking area. Th Planning Board has allowed the parking area to be moved. Fred Lap, a civil engineer, volunteered his services in developing the plan for the fields. Ed Jameson, landscaper, assisted in planning sodding, chemicals, etc. Mr. Larson is a developer who volunteered to design the parking area. The new plan presented this evening has 133 parking spaces, including 8 handicapped spaces. Seventy -five percent of the spaces are now outside the buffer zone. Little League uses the fields regularly only about eight weeks per year. The chairman raised the question of permanent structures. Dick explained that if the property had been purchased with state Self -Help funds, there would be a restriction. However, this site was purchased with town finds. Comm. Powers reminded the commission that when the lease was first negotiated, the Recreation Commission did not want responsibility for the parcel. According to Dick's review of the minutes, this parcel was acquired with a view towards active recreation. Frederick Rhys, Park St., who was on commission at the time, stated that the commission had originally proposed purchase of 16+ acres as conservation/recreation, with another 25 acres acquired later strictly as conservation. Comm. Sadowski had concerns about the original parking plans, - with regard to runoff, pesticides, number of spaces, etc. but feels more comfortable with currently proposed plans., felt that the Order of Conditions should include restrictions on use of chemicals. Dick Sheehan, 355 Otis St., raised the point that there continues to be activity within buffer zone. Residents were invited to look at revised plans. Karl Clemmey, South Main St., stated his approval of this project "100!11. Paul O'Neill, 294 Gilbert St., asked whether the press bo:; is still in the plans. The "press box" is actually designed to be a storage area of two stories. Mr. Sheehan expressed his appreciation of the reduction of parking lot size, stating that area 'residents "can live with it better now" and commending the Little League for the changes they made. l MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, 4rn;"ta„Ir` _ s� ^� 2 -- PAGE 5 MH2, dQ. MOTION: To close the hearing. (' (Powers - Forbes; all in favor) VOTER WETLANDS PROTECTION ACT HEARING - SE211 -410 Walmark Corp.- -Lots 235 -23G, (G0, G7)- -Two dwellings, driveways, grading within Hallett Crossing II Ellen Peoples, Dunn- MacKenzie, 'rep'resented the applicant. These two lots were withdrawn from a previous NOI so state DEP rep could see ( Garry Makuch). Mr. Makuch altered the wetland line. This commission feels the area had been filled previously. Ellen Peoples expressed a desire to close the hearing since the applicant has done what the commission asked. She suggested someone from the Commission talk to Gary Makuch. There has been no letter from him. Comm. Powers suggested getting something in writing. Greg Decker, 2 Emerson, viewed the plans. MOTION: To continue to 3 -29 -93 at 7:15. (Sadowski - Forbes; all in favor) VOTED WETLANDS PROTECTION ACT HEARING Christian Y Feck Devt.- -Lot 32, Fieldstone Dr.-- House, associated work within 100 ft. of wetlands Applicant requested change in the house from G2 to 54 feet, with garage underneath. Site walk: 7:30 a.m., 3- 27 -93. MOTION: To continue to 4 -f2 -93 at 0:00 with site walk as above. (Powers - Forbes; all in favor, Smith abst.) VOTED NEW BUSINESS: Dick suggested that Mr. Nelson has failed to respond to the commission's requests for filing, and the matter should be referred to town counsel. Chairman Cauldwell asked what must be done to gain access to his property; he expressed the need to keep pursuing the matter. Re ongoing situation with Bird Rd. (Henry Rettman): Dick suggested finding out what property Mr. Rettman owns, what his holdings, etc. with a view towards getting a court order to allow the commission on the property to ascertain necessary remedial action and put a lien on his holdings. Dick met with L. Flynn, Suzanne Erickson et al. The group hopes to hear soon about Self -Help Funds. Mr. Flynn will be at the next meeting of the commission on 3- 29 -93, as a resource. The meeting adjourned at 10:45. Approved by: Date to town clerk: ypf