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Home My WebLink AboutConservation Minutes 1/27/19923c= TOWN OF MANSFIELD .: S.A/CHUSETTS p 50 West St��et.',',M`'hgf� @l'd, MA 02048 -3 0 sy rp pir MANSFIELD CONSERVATION COMMISSION S AGENDA MONDAY, JANUARY 271 1992 7:30 CALL TO ORDER; DISCUSSION OF PROPOSED COMMISSION RULES AND REGULATIONS B:DO WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -362 Philip Beatty- -Ware St.--Proposed detention area, roadway, utility, grading for Deerfield subdivision within 100 ft. of wetlands 3:00 WETLANDS PROTECTION ACT HEARING Mart: Pucci - -61 Brown Ave. -- Repair of leaking septic system within 100 ft. of resource area 8 :20 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 8:21 WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -373 Jess Fealty Trust- -180 Acres between Eastman St, and Stearns Ave. -- Subdivision read /utility.ccnstruction within 100 ft. of wetlands 8 :40 DETERMINATION OF APPLICABILITY Herbert Fuller - -39 Ian Keats Dr. Clot 52i -- Construction of single family house within 100 ft. of wetlands 9 :10 DETERMINATION OF APPLICABILITY Bruce Tyson -- Within access drive to 31 Plymouth St. -- Installation of catch basin, concrete pipe and flared end section AS TIME ALLOWS: CORRESPONDENCE MINUTES CERTIFICATES OF COMPLIANCE MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 27, 1492 -- PAGE i Members Present: Chairman Cauldwell, Commissioners Forbes, Powers, O'Neill, Owens, Poholek The meeting was called to order at 7:30 by Chairman Cauldwell. MINUTES: MOTION: To approve the minutes as discussed. (Powers - Forbes; all i )7 favor) VOTED DISCUSSION OF PROPOSED COMMISSION RULES AND REGULATIONS Comm. Owens raised the question of potential damage by snowmobiles; the consensus was that there have been few complaints about them, as long as there is sufficient groundcover - which is the only time people are likely to use them. Comm. Owens would like specific language with regard to snowmobiling saying at least G" of cover and that it is done at the snowmobilers' own risk (although this issue is covered by #9). MOTION: To allow snowmobiling on all parcels with suitable snow cover. (O'Neill - Forbes) Comm. Powers suggested not mentioning the issue at all, but rather, concentrating on those areas where a prohibition is necessary. MOTION WITHDRAWN MOTION. To take no action at this time regarding snowmobiling_ (Powers - O'Neill; all in favor, Forbes abstaining) VOTED Comm. Forbes expressed reservations that the above motion tacitly permits snowmobiling on the Strese parcel, which she feels is not appropriate to snowmobiling. MOTION: To prohibit dirt bikes, atv's, and motorboats from conservation land. (O'Neill - Poholek.; Poholek, O'Neill, Owens in favor; Cauldwell, Forbes, Powers against) MOTION FAILS Comm. Poholek raised the issue of how such a prohibition would be enforced. Comm. Powers feels that the existence of the path on the north street has attracted bikers; she feels that biking should be restricted to the north side of Maple St. After further discussion, the issue was tabled. WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -362 Philip Beatty- -Ware St.-- Deerfield Estates subdivision The applicant requested a continuation. MOTION: To continue to 2 -10 -92 at 8:00 p.m. (O'Neill - Powers; all in favor) VOTED WETLANDS PROTECTION ACT HEARING Albert Pucci- -161 Drown Ave. -- Repair of leaking septic system within 100 ft, of resource area No file number has been received. There is currently a cesspool; the applicant wants to install a septic system. Given the location, there is not much choice about where the septic system is installed. Comm. Powers checked the plan to verify that the relevant distances were greater than 50 ft. Bill Barrows will be doing the work. Hay bales are not shown on the plan; discussion took place about the commission's preference for hay bale locations. MOTION: To continue the hearing to 2 -10 -92 at 8:00 p.m. (O'Neill - Powers; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY -27, 1992 -- PAGE 2 WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -374 MAC Homes, Inc. -- Between Eastman St. and Stearns Ave. WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -373 Jess Realty Trust - -180 Acres between Eastman St. and Stearns Ave. The applicant requested a continuation to either 3 -9 or 3 -23. MOTION: To continue 374 and 373 to 3 -13 -92 at 8:00 and 8:01, respectively. (O'Neill - Powers; all in favor) VOTED CONSERVATION LAND DISCUSSION (CONTINUED FROM ABOVE) Comm. O'Neill feels that the commission is potentially liable if they allow dirt biking. He also feels a nuisance will be created. Comm. Powers suggested waiting for Comm. Smith's input; he will be out of town for a couple of weeks. Comm. Owens would like to leave it open, as is currently worded in #11: MOTION: To restate 011. (Owens - O'Neill; all in favor) VOTED NOTION; To conduct a feasibility study for the designation of certain areas (which would address costs, liabilities, etc,) to determine use of dirt bikes, 00wens - Powers; all in favor) VOTED MOTION: That designated parking areas are restricted to registered vehicles only. . (Powers - O'Neill; all in favor; Chairman abstaining) VOTED DETERMINATION OF APPLICABILITY Herbert Fuller - -39 Ian Keats Dr. (lot 52)-- Construction of single family house within 100 ft. of wetlands The applicant's representative, Mike Trowbridge, could not be present, but a revised plan (dated 1- 27 -92) was submitted incorporating changes resulting from the commission's site walk.. MOTION: To close the hearing. (O'Neill - Powers; all in favor) VOTED MOTION: To issue a neg. #3 determination. eo'Neill - Powers; all in favor) VOTED PLYMOUTH STREET PROPERTY Mr. Tyson appeared before the commission to discuss happenings on Plymouth Street. Comm. Powers asked whether Mr. Tyson was intending to file for a number of crossings, under one order. When Mr. Tyson answered yes, Comm. Powers suggested that he file a Request for Determination as a first step, to set wetlands bounds for the whole area. DETERMINATION OF APPLICABILITY- -Bruce Tyson -- Within access drive to 31 Plymouth St.-- Installation of catch basin, concrete pipe and flared end section There are currently three access drives to the property, as well as an existing stricture. The driveway has a puddling problem, which causes icing. Wetlands (red maple swamp) border the driveway, and exist on both sides of access way; consequently, according to Mr. Tyson, the most sensible solution with the least impact involves installing a catch basin, which will take a relatively small amount of- .water. The work could be done in a day. The culvert has no outlet, which may be a maintenance issue; Mr. - Tyson stated that precautions will be taken to keep culvert clear. In response to Comm. Powers' questions about alternatives, Mr. Tyson reiterated that the suggested solution l I MANSFIELB CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 27, 1992 -- PAGE 3 would have least impact. Current activity in building: Esmond Terminals (warehousing, trucking); southerly end is vacant. Mr. Tyson's proposal involves direct discharge into wetlands, which Comm. Powers feels is better addressed under a Notice of Intent. MOTION. To close the hearing. - (O'Neill - Forbes; all in favor) VOTED MOTION; To issue a #3 determination. (O'Neill - Poholek; all apposed) NOTION FAILS Comm. Powers is of the opinion that it should be a positive determination because of the direct discharge into the wetland, and felt it should have been filed as a Notice of Intent. Comm. Owens agrees with respect to the precedent being set. Work will take place right.Up to and in the wetland. NOTION; To issue a positive #2 determination, (Powers - Owens; all in favor) VOTED RULES £ REGS Parcel Commission Consensus on Hunting: Great Woods (Cauldwell /Powers /Forbes in favor; O'Neill, Owens, Poholek against) Fisher /Hallet All against Maple Park (Cauldwell /Powers /Forbes in favor; O'Neill, Owens, Poholek against); waterfowl butnot upland game - Powers Marie Strese (Cauldweil /Powers /Forbes in favor; O'Neill, Owens, Poholek against) Canoe River Greenbelt (Cauldwell /Powers /Forbes /O'Neill, in favor; Owens, Poholek against) Sweet /Kalins All against MOTION: That hunting be prohibited on Fulton Pond, Kingman Pond. (Powers - Forbes; all in favor) VOTED NEW BUSINESS: - -Memo from Lorilee.Fish requesting permission for fishing derby on April 11, 1992, at Fulton's Pond; permission requested for Use of Fulton's Pond for summer movie series as well. MOTION; To approve such uses. (Pvwers - O'Neill; all in favor) VOTED -- Request by Knights of Columbus to hold fishing derby at Fulton's Pond on May 23. Comm. O'Neill removed himself from the board for the vote on this request. MOTION: To permit such use. COwens - Forbes; all in favor, O +Hsill not present) VOTED -- Request from Town of Mansfield for a two -year Extension to the Bird Road Order of Conditions. NOTION; To issue an Extension for SE211 -272. (O'Neill - Owens; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY -p7, 1992 -- PAGE 4 - --Notification from Dept. of Fisheries and Wildlife that wildlife species /habitat map is still valid. - -DEF sent notification requesting that the commission look into a reported violation by J.P. Smith on his Halcom St. property. Excess loam /rocks have been stockpiled on the property, right up t1� 1)F &fyefWfJ�W%l�o . Dick recommends issuing notice of non - compliances S�nd follow -up 'getter stating the commission's expectation. MOTION: To issue tease and Desist order to property owner with letter of Explanation. (Owens - Powers; O'Neill, Pia�(7olek opposed, rest in favor) VOTED /tJTION: %o3lVs l/ -Yo % told,& ;Jk /"a77 N FRKE0�1 RULES /REGS. NON-CRIMINAL DISPOSITION - In the opinion of town counsel, existing conditions allow for the commission to set its rules and regulations without going through town meeting. TWO PROPOSED ARTICLES FOR TOWN MEETING WARRANT The first results from a decision made by the commission in October to transfer $5000 from the WPA reserve account to offset administrative expenses; the second will probably be sponsored by the Hoard of Selectmen. The purpose of the article is to enable development of a section of land on Plymouth St. for conservation /recreation purposes. MOTION: To sponsor #1 ahove. (powers - Owens; all in favor) VOTED Comm. Powers attend capital improvements committee, which currently has no money to give for purchase of land. The committee would look favorably on `. giving the commission proceeds if the commission finds landlocked town -owned parcels suitable for sale. The FinCom had no serious problems with proposed budget and proposed no changes at this time. The meeting adjourned at 10:45. Approved by: /pf Date to town clerk: 001%