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HomeMy WebLinkAboutConservation Minutes 12/14/1992a TOWN-OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 c 07 -- I Pi i 3 ' . MANSFIELD CONSERVATION COMMISSION A13ENDA MONDAY, DECEMBER 14, 1592 17:30 CALL TO ORDER 5 :00 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -410: Mass. Highway Dept. - -L. Rhodes - -Rt. 140/455 to Norton town line-- ReconstrUCtion of Rt. 140 and associated work between 495 and the Norton town line 9:20 REQUEST FOR DETERMINATION OF APPLICABILITY Mass. Highway Dept.- -Ramp "E ", Rte. 140 northbound to rte. 455 northbound -- Install and repair guardrail on ramp "E ". 9:30 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -409: East Coast Devt.-- Between Cooper Rd./Mystic Lane southerly side, Rt. 106-- C:cnstruct drainage strUCtureslfacilities for 13 -10t subdivision, within 100 ft. buffer zone 9:45 WETLANDS PROTECTION ACT HEARING Walmark Corp. -- Longwood Circle, lots 71 and 72-- Grading, driveway, dwelling within 100 ft. of wetlands 10:00 DISCUSSION OF POTENTIAL AMENDED ORDER OF CONDITIONS FOR DEERFIELD VILLAGE, WARE ST., SE211 -362 AS TIME ALLOWS: MINUTES, CERTIFICATES OF COMPLIANCE, ORDERS OF CONDITIONS (SE211 -410) MANSFIELD CONSERVATION COMMISSION MINUTES ' MONDAY, DECEMBER 14, .1992 -= PAGE f Members Present: Chairman.CaUldwell, Commissioners Powers, O'Neill, . Owens PLYMOUTH ST. HEARING - SE211 -404: At the last meeting a vote was taken to issue the orders of conditions, but -they have been signed.by only two commissioners to.date. Dick has revised the plan of.record to answer Paul O'Neill's objections.: He brought in phase one limit line, reducing the area for phase one._. - Present -for this discussion were members of Mansfiel0 s youth - soccer group. (e.g.., Mr. Gazzvlo; Mr. Amoruso) and:. Karl- Clemmey. The new plan is dated 12- 14 -92. . It Was clarified that Pop Warner fo.otball, soccer, Little League would all'be included in potential recreational uses of the property. MOTION:- To accept.,the revised plan as 'the plan of record. '(O'Neill - Owens; all in favor.) VOTED. WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -410: Mass: Highway Dept. - -L.. Rhodes-- Rt.'140l495 to Norton town line -- Reconstruction of Rt. 140 and associated work between 495 and the' Norton town line No.quorum was.present for the hearing at this time. - MOTION: To continue the hearing_gntil a quorum is present or, failing a quorum, to Jan. 4 at 8:00 p.-m. (O'Neill - Powers; all in favor, Owens abst.) VOTED EAST ST. SEWER INSTALLATION: -The -lift station is much bigger than Joe Gonsalves agreed to. It_cycles_every.week and is very `close-to .:his new home. He is extremely disappointed.- He was referred to the Sewer Commissioners. MOTION:. To send a letter.to- the.Town Egineering Dept. and Board of Selectmen requesting an explanation of any differences that exist between what has been built and what was shown on the approved plan of reference.. (Powers - .O'Neill; all in favor) VOTED MINUTES: MOTION:' To approve the open session minutes of 11- 23 -92. (Powers - O'Neill•, all in favor, Owens abst.) VOTED CERTIFICATE OF COMPLIANCE: SE211 -358. Victoria Lane. MOTION:- To issue a full release for SE211 -358. (O'Neill Powers; all in favor.) VOTED The lot was sodded, so stabilization is complete. GREEN ACRES SUBDIVISION: Dick has been contacted by lawyers representing Mr..Boutas regarding bonding conditions for Lots 1, 2, 3 on Jennifer Dr. Dick asked the commission to consider whether they would agree to a ( covenant agreement similar to those entered into by the Planning Board. The Commission consensus was that the essential requirements MAWWTFI Tn CnWSFRUATT m CnMMTSSTnN- MTNIITFS -" - for agreeings"to a covenant would bed assurance. that the agreement has legal standing and is enforceable, An"d-assurance that building.permits could in could issued: They advised Dick to.begin by dismissing the matter with the building- dept.. Dick suggested also'that-the'applicant ' should pay for town-counsel to review any proposed document.* MOTION:. To get assurances from Building Inspector whether a covenant agreement (referring to Order of Conditions) would be enforceable; and, -.if feasible; to allow the applicant to submit a proposal -for 'review. by town counsel at. applicant.'s ` expanse .(such document to be recorded at Registry of heeds): - - (Powers.- Owens;_ all in favor) VOTED On a. related issue, Comm. fowers'asked. whether the detention area for Green -Acres was functioning as planned. Dick"will take a_look.. . DEM RE ACEC:. Dick passed out 4 -page synopsis of proposed DEP regulations ,.Dick asked for any comments by January- l5. -.He will_- draft a letter of response. REQUEST-FOR DETER'MINATIO_N OE. APPLICABILITY- Mass. Highway Dept.- -Ramp "E "9'Rte. 140 northbound to rte. 495, northbound-_- Install and repair guardrail on. *ramp "E"._" -No quorum present.- " MOTION: To Continue'to 12728 at 7 -50.. ° (Powers - O'Neill; all :in favor, _Owens abst.) VOTED WETLANDS PROTECTION_' ACT HEARlNG CONTINUATION - SE211 --410: Mass.` Highway.Dept."Rt...140 /495 :to Norton town line - -. Reconstruction of Rt. ::140 and" asociate_d.work between 495 and the Norton' :town -line: No.quoruio_ present. MOTION: - To o continue. the hearing until - 1 -4 -92 at.S:00. (O'Neill' - Powers; all in' favor; Ovens abst:.): VOTED' STURBRIDGE RETENTION AREA: - Andrew- Cieliesz asked about the fact that, water from the rgtentiorr. area -is coming-onto -his property: - .There is an easement ..on his lotl the-question i� wFther..flooding exceeds the easement.. DickB Dan Clifford and.Slnw re. out ;there at ":,one - point:. There is outstanding. Work j n:Shannon. Lane area." Dick will report back_ regarding outstanding.repiication work and the retention area: kTLANDS'PfiOTECTION ACT-HEARING-CONTINUATION $ SE211 -409: East Coast'Devt.r- Between .Cooper Rd. /Mystic Lane Southerly side, R•t.. 106 -- Construct drainage strictures /facilities for 13 =lot subdivisions 'within 100 ft. buffer zone The applicant has requested in writing a continuation to 12 -28. MOTION: To continue to 12-28 at 8:45: " (O'Neill. - .Powers; all-in favor) VOTED EDUCATING THE PUBLIC: Dick.reported receiving correspondence from Philip Barsky, a semi - retired ecologist with an extensive background for Army Corps, Fish and Game etc., who has volunteered to share his expertise with Conservation Commissions. Dick suggested having him come to talk about replication, etc.'at some future date, doing a program to which the Planning Board, Selectmen, and other town officials would be invited. WETLANDS PROTECTION ACT HEARING Walmark Corp.-- Longwood•Circle, lots 71 and 72 -- Grading, driveway, dwelling within 100 ft. of wetlands Mike Trowbridge represented.the applicant. These lots were in a subdivision approved by DEP under a superseding order, which also " approved the work on the individual lots. The order lapsed. The original.subdivision was.prepared by Dunn Engineering. The project is on sewer. All roadway/drainage work is complete. Mr. Trowbridge presented for comparison purposes an overlay copy of what was proposed/approved by DEP. DEP proposed houses back.further, and_ larger, than the currently proposed plan, which shows a scaled =back version of the project: The silt fence line is basically the. same. He doesn't believe the subdivision is in the Water Protection. The original wetland delineation was done about 186 787. Houses are already staked. Albert Kalter, .12 Emerson Circle; was present and asked whether a wetland line changes; he was told.it can change,'over time. Marsha Quinlan, Lot 73, Longwood Circle, was also present - and asked whether the commission has seen the area. MOTION: To continue to site walk (as below) and to 12 -28 at 9:10. (O'Neill -- Powers; all in favor) VOTED SITE WALKS: Cooper Rd. 12- .19 -92 at 7:30; Sturbridge detention area (for Longwood Circle) 9.00. DISCUSSION OF DEERFIELD'VILLAGE, -WARE ST., SE211 -362 Mike Trowbridge represented the project, was has spanned 2 -3 years_in a special permit planning process. No changes are permitted in the plans.approved by Planning Board. Special permit process specifies conditions in so much detail that the applicant assumed everything shown on the plan was covered under the orders. There are several lots close to wetlands; Comm. Powers expressed a preference for seeing everything but.those lots on one RBA. A Notice of Intent< will be required for 1,_ 2, 8, '13, 14, 15, ciS was reTVIrM be yt�e Or�ii wL dm(e'r 41 MOTION: To request that the applicant submit NOI for above lots eo)4i1iov)S and RDA's on the rest. (Owens - Powers; all in favor) VOTED The Applicant has requested releases of lots 4 and 24 from the Orders. MOTION: To release as requested (partial). (Powers - Owens; all in favor) VOTED The meeting adjourned at 10:40.