HomeMy WebLinkAboutConservation Minutes 3/23/1992co
TOWN OF MANSFIELD, MASSACH T�'yS��! /t,
50 West Street, Maq5fie�d,MA02048`;' l7
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CUSS.''+
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MANSFIELD CONSERVATION COMMISSION r
AGENDA
MONDAY, MARCH 23, 1992
7:30 CALL TO ORDER
7:00 WETLANDS PROTECTION ACT HEARING CONTINUATION:
David J. Morrison - -55 Deer Path Lane - -To construct
single - family dwelling, related grading, with 100 ft. of
wetlands
7:55 REQUEST FOR DETERMINATION OF APPLICABILITY:
Walter Jenkins- -Lot 4, 15 C:onr„d Court - -Const Tuct ion
within 100 ft. of wetland deck addition to existing
dwelling
5:00 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
8 :01 WETLANDS PROTECTION ACTT HEARING CONTINUATION: SE211 -373
Jess Realty Trust - -120 Acres between Eastman St, and
Stearns Ave. -- Subdivision road /utility construction
within 100 ft. of wetlands
002 WETLANDS PROTECTION ACTT HEARING CONTINUATION: Dajo Realty
Trust-- Eastleigh Estates North (Route 106)- -Road through
buffer ?one with culvert placed to provide drainage for
final construction
2:20 WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -379
Zola Family Realty Trust - - Rosewood Drive toff Bird
Rd.)--Grading with buffer zone during
g o{
19- -lot subdivision
9:00 WETLANDS PROTECTION ACTT HEARING
East Coast Devt. -- Megan's Way, lots 4 & 5 -- Grading;
dwelling, septic with 100 ft, of wetlands
AS TIME ALLOWS:
MINUTES
CERTIFICATES OF COMPLIANCE
ORDERCS7 OF CONDITIONS
NEW BUSINESS
'N' MONDAY, MARCH 23, 1992 -- PAGE i
Members Present: Chairman Cauldwell, Commissioners Forbes, Powers, O'Neill,
Poholek
( RETURN OF STATE -OWNED LAND ADJACENT TO RTE. 495:
Mr. Leonard Flynn, representing the NRT, reviewed the commission's
involvement with the state regarding to land which was to have been returned to
Mansfield. The Mansfield Conservation Commission, the NRT and the Selectmen
had fought the proposal similar to the interchange now proposed, which will
cause extensive resources to be lost and/or altered. The NRT was formed as a
non - profit corporation whose purpose is the acquisition of open space
conservation land and education. The group has worked in concert with the
Conservation Commission and with the Great Woods Study Committee, with primary
emphasis on acquiring land - thus far, about 200-t% acres. Their plan has been
approved by state, the group received self -help funds, and spent over $200,000
acquiring land.
Mr. Flynn felt that the Legoland proposal is in such conflict with
Mansfield's master plan and open space plan, that NRT wants to act quickly to
respond in a negative way to the Governor, John Drew Associates, and the state
DPW. He urged the commission to consider what their position will be
and to take a stand while the proposal is still in the planning stages. He also
requested that the commission ask to be put on the EIR distribution list.
Regarding land which the state promised to return to the town, Mr. Flynn
has corresponded with Leon Lombardi and has compiled a chronology between DPW
and the Town of Mansfield detailing promises that the land would be turned back..
The Natural Resource Trust, Mr. Flynn explained, is open to any citizen'
the membership fee is $5.
Dick has drafted another letter about the turning back of the land from the
( state, putting it on the front burner again. CC's will be sent, along with the
summary of past correspondence, to all governmental agencies etc.
Ben Flint, resident, expressed his opinion that the Lego World proposal
might not be such a bad use of the land and asked Mr. Flynn what would be
compatible with the Master Plan. Mr. Flynn responded that the one to two
million visitors a year would have significantly greater impact than the
industrial uses for which the parcels are currently zoned.
WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -383
David J. Morrison - -55 Deer Path Lane - -To construct single - family dwelling,
related grading, with 100 ft. of wetlands
Number has been received, no DEP comments.
MOTION: To close the hearing.
(O'Neill - Powers; all in favor) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY:
Walter Jenkins - -Lot 4, 15 Conrod Court -- Construction within 100 ft. of
wetlands: deck addition to existing dwelling
Walter Jenkins provided a plot plan of existing dwelling (as-built from Rd
of Health ?. He wishes to add a 24 ft. deck. A wetland line has been
established, according to the plan; the deck will be about 70 ft. from wetland
line. Back yard_ is fairly flat.
MOTION: To close the hearing.
(O'Neill - Powers; all in favor) VOTED
MOTION: TO issue a negative #3 detepminativn.
(Powers - O'Neill; 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 CONTINUATION: SE211 -373
Jess Realty Trust -- 180 Acres between Eastman St. and Stearns Ave. -- C
Subdivision road /utility construction within 100 ft. of wetlands
The applicants are still reviewing the project vis -a -vis the Conservation
Commission's concerns and have requested a 45- day.extension.
MOTION, To continue SE212 -374 to May 11 at 8,00 p.vr.
CQ'Heill - Forbes; all in favor? VOTED
MOTION; To continue SE211 -373 to May 11 at 8:111 p.vr.
(O'Neill - Forbes; all in favor) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -384
Dajo Realty Trust -- Eastleigh Estates North (Route 106)- -Road through buffer
zone with culvert placed to provide drainage for final construction
Karl Drown presented a new plan showing. changes resulting from site walk.
The plans were mailed to DEP today. Comm. Powers expressed tier concern that a
hydraulic connection exists in one area but is not shown on plan, in the area
where a culvert is planned. Comm. O'Neill wants to see- if DEP has any
additional comments on the changes.
Abutter Arlene Rudy asked what will be done to ensure proper road drainage.
The theory of the drainage plan was explained to her. Comm. Powers has a
serious problem with the fact that there does exist an area (two basins) of
unmitigated direct discharge into wetlands, which now 'runs counter to commission
policy. The question was raised as to how to make it consistent with Wind Chime
policy. Chairman Cauldwell requested clarification of DEP policy 'regarding
direct discharge. Dick is not aware of a blanket policy. One situation
involves a direct discharge into a stream, and other a- discharge into wetland. /
MOTION; To extend the hearing to 4 -6-92 at 8,45 at the request of the
applicant.
(OrHeill - Forbes; all in favor) VOTED
EComm. Powers not present during the following hearing.3"
WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -379
Zola Family Realty Trust - - Rosewood Drive (off Bird Rd.) -- Grading with
buffer zone during construction of 19 -lot subdivision
Mr. Maloon represented the applicant. Mr. Foikman was also present.
Changes have been made to the plan in response to last hearing. The Swale
area has been revised. A new plan, calculations and cover letter have been
submitted. The new plan involves no water trespass. An easement could be shown,
an a Form A plan; Dick suggests a finding indicating that in the opinion of the
commission, an easement should be established '(with a view to maintaining the
level of wetland at its present state).
Comm. Poholek asked whether silt accumulate- in this_ type of grass Swale.
The oil /water separators will be catching a lot of it. Catch basins are
watertight, point source discharge. Maintenance is required, about once a year.
Comm. Poholek expressed his preference that John Rhoads review the drainage
calculations, because no one on the commission has the expertise'to do so.
MOTION: To close the hearing.
(O'Neill - Forbes, all in favor' VOTED
The commission asked Dick to request that John Rhoads review the calcs. [Comm.
Powers returned to meeting.]
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -382
East Coast Devt. -- Megan's Way, lots 4 & 5 -- Grading, dwelling, septic with
_ ° - -- ------- MANSFIFI D CONSERVATION-COMMISSION - MINUTES
MONDAY, MARCH 23, 1992 -- PAGE 3
100 ft. of wetlands
Plan shows one flag moved, resulting from the site walk. Comm. Powers
still wants to know which way the driveway sheds; this is not clear on the plan
for lot 5. Otherwise, a stone trench near driveway may be required and could be
included in special conditions of the Order.
MOTION: To close the hearing.
(O'Neill - Powers, all in favor) VOTED
MINUTES:
MOTION: To approve the wina&5 of 3 -23 -92 as amended,
(O'Neill - Poholef; all in favor) VOTED
CERTIFICATE OF COMPLIANCE - SE211 -147 (Vadala; site has been cleaned up.)
NOTION: To issue the certificate.
(Powers - Of Neill; all in favor) VOTED
NEW BUSINESS:
-- Letter has been received regarding number of plantings for Jordan - Jackson
school project. (SE211 -320) (Chairman Cauldwell abstained from the discussion;
Vice - Chairman Powers assumed chair.] Quantity of plantings included some
mathematical errors. Figures have been corrected to align with Sanford
Ecological recommendations. Dick. recommends sending letter responding in
acceptance.
MOTION: To approve the changes received from HMHF Architects.
(O'Neill - Forbes; all in favor) VOTED
CChairman returns.J
-- Letter drafted regarding return of 495 land from state. Dick. recommends
sending letter and setting up meeting.
MOTION: To send letter re transfer of state -owned property in Mansfield,
with cc's to Leonard Flynn, Say Colony, selectmen, town manager,
Senator Keating, former Rep. Vernon and successor, John Drew
Company, Governor Neld.
(O'Neill - Powers; all in favor) SUCCUS°r VOTED
Also, cover letter will be sent to Sen. Keatingnto formally request
assistance; cover letter to John Drew Company indicating concern about impact of
his proposal on ongoing effort to secure parcels from the state and stating
intent to pursue and rely upon the state's assurances and past promises.
-- Proposed letter on wetland regulations. Ben Flint has discussed
proposals with Dick, regarding agricultural changes. Dick's concern was that
proposed new regs gave too much of a free hand to "farmers ". Wants to encourage
RDA filings so as to retain Commission review process.
ACEC sections called to commission's attention. Comm. Powers: Par. 2,
Page 2, public safety, fire protection ponds. Stress public safety also on both
paragraphs (Par. 3).
MOTION: To send letter.
(O'Neill - Forbes, all in favor) VOTED
CORRESPONDENCE:
-- Summer St., Foxboro, medical waste facility etc. correspondence.
Planning Board and Board of Selectmen voted to invoke fail -safe provisions of
the MEPA process and review proposal in light of proximity to wells, schools,
etc y, especially since facility has been cited for non- compliance. Comm. Powers
suggested that the commission vote to support the actions taken by the other two
,K and � Iva, 4W `QV_ aAw iS il. 14 ACE(,
MANSFIELD CONSERVATION rnmmrssrnu MTM TCe
boards.
MOTION: To vote in support and send letter notifying them of support,
(Powers - O'Neill; all,in favor) VOTED
EAs a member of the Planning Board in Foxboro, Dick. Lewis did not
participate in this discussion.] '
(Comm. Poholek stepped down during the following discussion.]
Mansfield Manor Estates - SE211 -139
Pasco is proposing to construct the replication area at this time. Bick.
Lewis. reported that Dan Clifford, 'representing the Planning Board, has
spearheaded the process of getting this subdivision completed. Work expected to
begin on or around April E. The concern is to get replication done prior to
roadway being done. Comm. Powers asked whether species being planted are
consistent with the area. Dick felt that the area is a shrubby red maple
thicket area and that the plan is appropriate.
NOTION: To approve the plan add send letter to that effecta
(Powers - O'Neill; all in favor) VOTED
The compensation issue should be placed on the agenda for future
discussion. If there is any incremental increase in the wetland area in the
100 -year event, as a result of the wetland storage, it should be shown on the
Plan. Ralph felt that the increase worked out to about 178 of an inch. The
commission requested that the plan show a line delineating where the 100 year
storm would come.
NOTION: To request the bvw be shown on plan with 100 year flood line,
post - development, requesting answer in writing.
(Powers - O'Neill; all in favor) VOTED I
EComm. Poholek returned.] \'
ORDER OF CONDITIONS - DEER PATH LANE, SE211 -383
NOTION: To issue the orders as written.
(Powers - Forbes; all in favor)
PROBLEMN AREAS
VOTED
Chairman Cauldwell suggested sending letters to the individuals who have
clear cut near a stream (near Parente's farm on West St.) and near the former
location of the -Elks wagon. Regarding the latter, Dick has spoken to Connie
Lajoie, property owner, and requested a letter stating what he had done and why.
Comm. Powers reinforced the concerns expressed by Dick, and Mr. Lajoie also
assured her he would be sending a letter.
Comm. Powers a citizen has complained about the DPW dumping sand /salt near
Rumford River; it is being done near the Wading River as well. Chairman
Cauldwell spoke to Bob Swanson and Dave Archard and told them to find another
Place; Chairman Cauldwell will be in touch with them again.
Easton Oil hay bales need attention; Dick was advised to take a look..
The meeting adjourned at 10:95.
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