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HomeMy WebLinkAboutConservation Minutes 12/28/1992TOWN''OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, DECEMBER 28, 1992 7 :30 CALL TO ORDER 7 :50 REQUEST FOR DETERMINATION OF APPLICABILITY Mass. Highway Dept.- -Ramp "E ", Rte. 140 northbound to rte. 495 northbound -- Install and repair guardrail on ramp "E ". 8;00 WETLANDS PROTECTION ACT HEARING Iunn Engineering /Walmark Corp.- -Lots 234 -240, 217 (Assessors Map 37), Hallett Crossing II subdivision- - Dwellings, driveways, grading for 8 lots 8:45 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -409: East Coast Devt. -- Between Cooper Rd. /Mystic Lane southerly side, Rt. 106 -- Construct drainage structures /facilities for 13 -lot subdivision, within 100 ft. buffer zone 9 :10 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -411 Walmark Carp. -- Longwood Circle, lots 71 and 72 -- Grading, driveway, dwelling within 100 ft. of wetlands 9 :45 REQUEST FOR DETERMINATION OF APPLICABILITY Michael Trowbridge - -Lots 3, 10, 12, 16, 19, 20, 21 Tracey Circle -- Houses, driveways, grading, utilities, within 100 ft. buffer zone 9 :55 WETLANDS PROTECTION ACT HEARING Michael Trowbridge- -Lot 1, Tracey Circle -- House, driveways, grading within 100 ft. buffer zone 10 :05 WETLANDS PROTECTION ACT HEARING - SE211 -413 Michael Trowbridge - -Lots 2, 8, 13, 14, 15 Tracey Circle -- Houses, driveways, grading, utilities, within 100 ft. buffer zone AS TIME ALLOWS: MINUTES CORRESPONDENCE /NEW BUSINESS CERTIFICATES OF COMPLIANCE ORDERS OF CONDITIONS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, DECEMBER 28, 1992 -- PAGE 1 Members Present: Chairman Cauldwell, Commissioners Powers, O'Neill, Owens, Smith MINUTES: MOTION: To approve the minutes of 12 -19 -92 as corrected. (O'Neill - Powers; all in favor, Smith abst.) VOTED CERTIFICATE OF COMPLIANCE - Lot 18, Frederick Lane (East Coast). All final grading, loaming, seeding has been done. RL recommends partial certificate. MOTION: To issue a partial release for lot 18 from SE211 -287 and SE211 -144. (Powers - O'Neill; all in favor, Smith abst.) VOTED Lot 7, Deerfield Estates MOTION: To issue a partial release of lot 7 from SE211 -362. (Powers - O'Neill; all in favor) VOTED [Comm. Owens arrived.] Lot 8, Shamrock Estates. MOTION: To issue a partial release of lot 8 from SE211 -155. (O'Neill - Powers; all in favor) VOTED CORRESPONDENCE: - -Dick has received a copy of proposed changes relating to the ( agricultural component of new DEP regulations; he hasn't had a chance to review but will try to make comments by next meeting. Responses are due by Jan. 25. MEETING SCHEDULE: The Board of Selectmen will be appointing new members on Jan. 4. Since the 140 improvement project hearing has been scheduled for that night, Dick has spoken to Kate Thompson about postponing that hearing until the commission has a full complement again. REQUEST FOR DETERMINATION OF APPLICABILITY Mass. Highway Dept.- -Ramp "E ", Rte. 140 northbound to rte. 495 northbound -- Install and repair guardrail on ramp "E ". Tom McGuire, District Environmental Engineer, District 5 and Bill Travis, Design Engineer for the project were present. The project lies within 100 feet of bordering vegetated wetland. A new guardrail is proposed closer to the beginning of the ramp. The area will be slightly re- aligned and widened on one side in conjunction with the Great Woods project; but the project under discussion at this hearing is separate from the 140 widening /improvement project. In response to Comm. Powers questions, Mr. Travis stated although the slope gets larger as it nears the river, the work will take place along a grassed area. Work will take one to two days and will be done with a pile driver. MOTION: To close the hearing. (O'Neill - Powers; all in favor, Owens abst.) VOTED MOTION: To issue a negative 3 and request that Dick be notified :t MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, DECEMBER 28, 1992 -- PAGE 2 before work starts and if proposed time frame will be exceeded. (Powers - O'Neill; all in favor, Owens abst.) VOTED WETLANDS PROTECTION ACT HEARING (No DEP number received) Dunn Engineering /Walmark Corp.- -Lots 234 -240, 217 (Assessors Map 37), Hallett Crossing II subdivision -- Dwellings, driveways, grading for 8 lots Ellen Peoples, Environmental Engineer for Dunn /MacKenzie, presented the project, which initially was denied by the Mansfield Conservation Commission and later revised with an order issued by DEP. The area was flagged by a Lycott representative six years ago on Aug. 29 and Sept. 16; a wetlands flagging representative will be present for the site walk on.Sat., Jan. 9, 8:00 a.m. Abutters present: Greg and Terry Decker, 2 Emerson Circle; Ms. and Ken Johnson, 8 Jefferson Rd.; Ms. Donna Zeolla. Mr. Decker asked about what he believes to be an area where raw sewage has surfaced on his property. He was referred to Scott Leite. Ms. Zeolla maintains that she is receiving additional water on her property (especially horse paddocks and garage) as a result of the construction in this area and is concerned that the situation not grow worse. The commission suggested that she bring her complaints regarding drainage patterns and amounts to the Planning Board. Comm. Powers asked the applicant whether the impervious surface for driveways and houses had been calculated as part of the original drainage design, and asked which ways the driveways pitch (lot by ,lot); she requested, that this information be easier to read on the plans, suggesting that infiltration trenches for recharge purposes should be shown if driveways slope towards wetlands. The remaining abutters will be notified about the site walk. MOTION: To continue the hearing to 7:45 on 1/11. (O'Neill - Smith); all in favor) VOTED PROPOSED TOWN BUDGET: No changes from the last time reviewed. REQUEST FROM MASS. AUDUBON TO SUPPORT TITLE V CHANGES. Dick will request clarification /opinions from the Board of Health. MORTGAGE TO BE SOLD /FORECLOSED ON 15 HAMPSHIRE ST. (MANSFIELD CORPORATE CENTER). The Commission has already issued a Certificate of Compliance for this property. WETLANDS PROTECTION ACT NEARING CONTINUATION - SE211 -409: East Coast Devt.-- Between Cooper Rd. /Mystic Lane southerly side, Rt. 106 -- Construct drainage structures /facilities for 13 -lot subdivision, within 100_ ft. buffer gone Michael Trowbridge was present and requested a continuation for a site walk with botanist. Abutters present: John Avery, 7 Shannon Lane. Site walk 9:30 a.m. 1/9. MOTION: To continue to site walk and 1/11 at 8.15. (Powers - Owens; all in favor, Smith) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, DECEMBER 28, 1992 -- PAGE 3 ., WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -411 Walmark Carp. -- Longwood Circle, lots 71 and 72 -- Grading, driveway, dwelling within 100 ft. of wetlands _Mr. Trowbridge represented applicant. The line for lot 71 didn't present any problem, but flags 6, 7, 8 on lot 72 have been moved back. Concerns have been addressed by bringing.the silt fence in a substantial amount. Paul Sidowski, 125 S. Main St. was present at the meeting and also at the site walk; he also reviewed the changed plan with a view towards checking the areas of concern. Comm. Powers noted that the excavation for a test pit is shown in same area where limit of clearing and hay bale line is going; that area should be stabilized. MOTION: To close the hearing. (Powers - O'Neill; all in favor) VOTED ORDER OF CONDITIONS - SE211 -411. MOTION: To issue the orders for SE211 -411 as presented. (Powers - Smith; all in favor) VOTED CONSERVATION PROPERTY ON MAPLE ST. A "clubhouse" has been built on Conservation Commission land off Maple St. Chairman CaUldwell and Mr. Lambos found it a substantial piece of construction which should be removed. Dick will look at it and then refer the matter to appropriate authorities. ( EAST ST. PUMP STATION At the last meeting, Mr. Joe Gonsalves had informed the commission about his objections to the East St. pump station; Dick spoke with Beta Engineering, who said the structure is per plan. Comm. Owens proposed that the commission write to the town engineer with a cc to the Board of Selectmen (as sewer commissioners), putting on record that an inaccurate representation of the proposed station was made at the public hearing. STURBRIDGE ESTATES DETENTION BASIN Dick has inspected the site. The developer has considered putting a small pvc pipe under the swale to handle some of the water getting to his property. [Comm. Smith left.] REQUEST FOR DETERMINATION OF APPLICABILITY Michael Trowbridge- -Lots 3, 10, 12, 16, 19, 20, 21 Tracey Circle -- Houses, driveways, grading, utilities, within buffer zone Michael Trowbridge presented the project. Comms. Owens and Powers feel none of these lots is appropriate for a full Notice of Intent, as long as building is per plan, with siltation controls. Commissioners recommended extending siltation controls near flags 1A and 2B; and sending a letter to the developer requesting that he advise homeowners about the need for review of "future garages" by the i commission. Jim Kirk, 571 Ware St., abutter, asked to see plans. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, DECEMBER 28, 1992 -- PAGE 4 MOTION: To close hearing. (Powers - Owens; all in favor) VOTED MOTION: To issue a negative H3 determination (noting that any changes will need further review). (Powers - Owens; all in favor) VOTED MOTION: To send builder letter requesting that for lots 10, 12 and 16 (or any other lot that encroaches on the buffer zone) he give to prospective buyers a letter written by Dick Lewis on behalf of the commission explaining the need for additional review. (Powers - Owens; all-in favor) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -412 Michael Trowbridge - -Lot 1, Tracey Circle -- House, driveways, grading within 100 ft. buffer zone Michael Trowbridge presented project. A letter has been received from abutter Helen S. Fuller, Ware St., about additional wetness in area basements for which she feels the construction is responsible. Mr. Trowbridge responded that five hundred trees will be planted on this subdivision (a large part of which was formerly scrub growth), and that should improve the situation. The siltation fence needs inspection. Comm. O'Neill feels the developer should stop working on this lot until an Order of Conditions has been received. Comm. Powers suggested sending a letter notifying the developer that no work may take place during the appeal period. Dick will call East Coast tomorrow to issue a verbal cease and desist immediately. MOTION: To close hearing. (Powers = Owens; all in favor, O'Neill abst.) VOTED MOTION: To issue the Orders as proposed, with letter per above and verbal cease and desist. (Owens - Powers; all in favor, O'Neill abst.) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -413 Michael Trowbridge- -Lots 2, 8, 13, 11, 15 Tracey Circle -- Houses, driveways, grading, utilities, within 100 ft. buffer zone Michael Trowbridge presented the project. On lot 2, the hay bale line should be extended. Future /proposed garages /driveways will require additional review. Comm. Powers suggested meeting with this developer to discuss the fact of his working without approved Orders of Conditions. Comm. O'Neill asked that all orders be held up until the developer come in. Comm. Owens responded that the commission should not stall the process in that way. Commissioners agreed that any increases in paved surfaces resulting from driveway changes, etc, will require additional review, and proposective buyers should receive a letter explaining that. A letter will be sent to the homeowner on lot 13 mandating replication back to the original wetland line. There is currently siltation fence where the replication will be done. Work on lot 13 should go forward to restore the area, but all other work should cease, per a verbal cease and desist plus letter. MOTION: To close the hearing. �, MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, DECEMBER 28, 1992 -- PAGE 5 (Powers - Owens; all in favor, O'Neill abst.) VOTED Proposed Orders: Add to special condition 412: Any changes to driveway configurations as well as future garages should come before the commission for review. MOTION: To issue the order as proposed and amended. (Owens - Powers; all in favor, O'Neill abst.) VOTED MOTION: To authorize Dick to issue cease and desist if work on lot 13 does not progress at appropriate pace. (Powers - O'Neill; all in favor) VOTED Comm. O'Neill was thanked for his service to the commission. The meeting adjourned at 10:58.