HomeMy WebLinkAboutConservation Minutes 1/25/1993MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 25, 1993 -- PAGE 1
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48m6ers Present: Chairman Cauldwell, Commissioners Cormier, Forbes,
Powers, Owens, Sadowski
MINUTES
MOTION: To approve the minutes of 1 -11 -93 as amended.
(Powers - Cormier; all in favor, Owens abst.) VOTED
FEBRUARY MEETING SCHEDULE: 2 -8, 7:00 - Mansfield High School; 2 -22,
7:30 at Town Hall
ORDER OF CONDITIONS - SE211 -409 (Cooper Rd. /Mystic Lane)
(1) Change finding: accepts (not approves) the wetlands as shown
on ... excluding the area between flags 37 through 42 and flags 13 -19
on sheet 2 of 5. (2) Include revision date in finding. (3) Add to
condition 16: No equipment maintenance to be conducted in resource
areas nor in the buffer zone.
MOTION: To isue the orders as written and amended.
(Powers - Owens; all in favor) VOTED
P. FOLMMAN, DISCUSSION RE SHANNON LANE
The issue of stormwater coming from the Sturbridge Estates basin
onto an abutter's property triggered a discussion of the larger issue of
replication area status for this subdivision (lots i and 2). Some
activities covered by the amended Order of Conditions haven't been
addressed.
Mr. Folkman noted that there is a separate order on lot 22, with
another order issued covering the drainage system for the subdivision.
Mr. Seles approached Mr. Folkman about ponding on his property; Mr.
Folkman evaluated the site and agreed there was a problem with water
ponding on one side of the drainage ditch. In early November- various
town officials agreed on a "field solution" idea: installation of two 8-
10" corrugated metal pipes to be placed underneath the ditch to act as a
conduit; Mr. Seles was sent a sketch with correspondence (dated Nov.
18), but Mr. Seles didn't feel that the proposed solution would
sufficiently address the underlying problem. Ralph Maloon, in plotting
the ditch, discovered a high point in the ditch; Mr. Folkman raised the
idea of opening up the sides of the ditch, with the high point taken
out, as a solution.
Chairman Cauldwell asked about how much water came through the area
pre -and post - development, since the early site walks for the area
revealed no hint of a stream or the constant flow that currently exists.
He suggested it may not be a good idea to break open the ditch. Folkman
will go back to propose several solutions to the abutter and keep the
commission informed.
In response to a question from Comm. Sadowski, it was noted that
the bottom of the detention area has a clay bottom.
On a related issue: status of replication work under amended
order. The applicant had filed for a residential compound permit on lot
1, but lost by one vote at the Planning Board level and filed an appeal
lwith Superior Court. Another revised design had been drafted subsequent
to the amended order, which would involve 2100 sq. ft. of filling
instead of 4000 +. Nothing has been done because of the litigation;
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 25, 1993 -- PAGE 2
the order conditioning the replication for the larger area of filling
has expired. The replication for the lot's subdivision was proposed for
on lot 1, for 477E sq. ft.
Mr. Folkman asked whether the commission might accept the latest
revised plan as an amendment to the amended order, and issue an
enforcement document regarding the -replication work. Comm. Powers
reminded Mr. Folkman that as a result of the delay in replication work,
there may now be more wetlands on the site than there were; the site
should probably reviewed again. Dick asked Mr. Folkman to see that
wetlands flags are in place so that the line can be reviewed. Comm.
Owens suggested a courtesy check with the special counsel regarding the
ongoing litigation.
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
Mr. Folkman (representing Zola Builders and Jess Realty Trust) and
Mr. Bob were present. Since the last hearing on this Notice,
MAC Homes and Jess Realty Trust have reached an agreement in most issues
and will work on re- filing the application which had been withdrawn. A
hydrogeological review must be done. The applicant requested an
extension on this hearing so both hearings can go forward at once.
MOTION: To continue hearing until 3 -22 -93 at 8:00 p.m. (hearing
shall be re- advertised: abutters shall be re- notified').
(Powers - Forbes: all in favor) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION
Dunn- McKenzie /Walmark Corp.- -Lots 234, 237 -240, 217 (Assessors Map
37), Hallett Crossing II subdivision -- Dwelling== --, driveways, grading
Ellen Peoples 'represented the applicant. Changed plan submitted as
requested on site walk. Rev. date 1- 22 -93. DEP has lost 140I
submission; will be resubmitted. Change to wetland line as a result of
field walk. Comm. Powers suggested sending a letter to Mr. Marchiselli
confirming his agreement to put extra siltation devices in that area.
A field walk will take place with Gary Makuch on Thursday 1 -28 at
10:30 about the two lots which have been withdrawn from this submission.
MOTION: To continue the hearing to 7:04 on 2 -8.
(Powers - Forbes; all in favor) VOTED
DISCUSSION WITH MR. FULLER, EAST COAST
H. Fuller, East Coast Devt., was ill; Ms. Jean Smith, secretary,
and Paul Clarkin, who does road work for Mr. Fuller, were present and
requested time at another meeting. Regarding requests for Certificates
of Compliance: Lot 18 had no filling other than for the roadway, and Lot
21 was under a Nog. 03 Determination. Mr. Fuller has requested that
both lots be released from the roadway orders. He also requested that
lots 2, 8, and 15 be released from the individual orders as well as the
subdivision order, and lots 16, 18, 21 from the subdivision orders.
MOTION: To issue a partial release from SE211 -362 for lots 2, 8,
15, IG 18, 21
(Powers - Owens; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 25, 1993 -- PAGE 3
MOTION: To issue a partial release from SE211 -413 for lots 2, 8,
15 (vegetation to be established).
(Powers - Owens; all in favor) VOTED
ORDER OF CONDITIONS: - SE211 -410 (495/140 improvements)
MOTION: To issue the orders as written.
(Powers - Sadowski; all in favor, Owens abst.) VOTED
CERTIFICIATE OF COMPLIANCE - Shamrock Estates SE211 -155
MOTION: To issue full release (To Dennis Raker)
(Powers - Owens; all in favor, Sadowski abst.) VOTED
PROPOSED WARRANT ARTICLES:
MOTION: To include in the town meeting warrant an article
transferring funds from wetlands reserve account in the
amount of $3500. (Current amount is: 810,780).
(Powers - Owens; all in favor) VOTED
OTHER BUSINESS:
- -Dick will report on the situation with the ditch behind Brook.
St.. He will also make a suggestion regarding a request from a pest
control business looking for a brook from which water can be withdrawn.
- -A letter (read for benefit of the new commissioners) was sent
from the commission regarding support for a plan to acquire conservation
land in the Great Woods area. Dick asked whether the commission wished
to send a copy of this letter to Lego officials.
MOTION: To send a copy of the letter to: Mr. Christian Maigaard,
Senior Vice President, LEBO, DK -7190 Billund, Denmark, and
also to Friends of the Earth.
(Powers - Forbes; all in favor) VOTED
-- Public hearing on 2 -4 -93 at the Foxboro Town Hall re nomination
from Canoe River Aquifer Advisory Committee re sole source designation
etc.
- -New wildlife habitat map received, including one new area in
northeast section of town.
- -Town counsel /Mansfield Oil's attorney, Mr. Manoogian, has
requested time on the agenda 2 -22; Mansfield Oil will probably request
an amended order and new filing for some additional work.
EXECUTIVE SESSION
MOTION: To go into executive session to discuss pending and
potential litigation.
(Powers - Owens; Cauldwell -aye; Cormier - aye,
Powers -aye, Owens -aye, Sadowski -aye, Forbes -aye) VOTED
The meeting adjourned (following executive session) at 10:30.
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MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 25, 1993 -- PAGE 4
EXECUTIVE SESSION MINUTES
MOTION: To accept the minutes of 11 -23 exec. session.
(Powers - Sadowski; all in favor, Cormier, Sadowski, Owens
abst.) VOTED
Dick has photographed areas of Wetlands Protection Act violation on
School St. (Carl Nelson's property); and also Karl Clemmey's property
on School St.
With regard to Mr. Clemmey's recent and past infractions (wetland
and buffer zone), Dick will look at new plans for 140/495 with a view to
establishing what should be restored and will make a recommendation.
Regarding Mr. Nelson's violations, Dick recommended sending a
request to the Town Manager asking for use of a special town counsel,
perhaps the one used by the Board of Health. An Enforcement Order
should also be sent.
MOTION: To authorize Dick to send Enforcement Order and contact
the Town Manager as suggested above.
(Powers - Sadowski; all in favor) VOTED
MOTION: To issue press release regarding Enforcmeeet Order.
(Powers - Forbes; all in favor) VOTED
MOTION: To come out of executive session to adjourn.
(Powers - Owens; Cauldwell -aye; Cormier - aye,
Powers -aye, Owens -aye, Sadowski -aye, Forbes- -aye) VOTED
Approved by: Date to town clerk:
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