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HomeMy WebLinkAboutConservation Minutes 9/14/1992REM ITT] TOWN OF MANSFIELD, AMASS UHUSETTS low est Str et, M�r�sfield, MA 02048 920 l S �I; a> "_ MANSFIELD CONSERVATION jKt-RO Xq; a� AGENDA MONDAY, SEPTEMBER 14, 1992 7:3O CALL TO ORDER 8:00 WETLANDS PROTECTION ACT HEARING CONTINUATION -SE211 -385 Home Developers Inc.- -Lot 1, Jennifer Drive -- House, grading within wetlands buffer _-one WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -386 Home Developers Inc.- -Lets 2, 3, 4, Jennifer Drive- - Houses, grading within wetlands buffer zone C0N- rWVAV6#j 8:05 WETLANDS PROTECTION ACTT HEARING,.- SE211 -3'38 Rosemont Devt. Corp.- -Lot 1, 2 Gander Lane -- Dwelling, drywell, utilities, grading within 100 ft. of wetlands 8:10 WETLANDS PROTECTION ACT HEARING - 026Nl. East Coast Devt.- -Lot 26, 31 Frederick: Lane -- Grading, dwelling, septic within 100 ft. of wetlands 8:20 WETLANDS PROTECTION ACTT HEARING - Mr, Joe Brugliera- -136 Dean St.-- Dwelling, utilities, grading within 100 ft. of wetlands 8:40 WETLANDS PROTECTION ACTT HEAPING - CO.VT. Great Woods Center...--South Main Street -- Expand seating and parking areas; improve access from Rte. 140 9:10 REQUEST FOR DETERMINATION OF APPLICABILITY - Bullock Construction Corp.- -Lot 256, Perkins Ave. - -- Construction of house, grading, etc. within 100 ft. of wetlands 9:2=7 REQUEST FOR DETERMINATION OF APPLICABILITY - Wayne Carrigan - - -52 King Arthur Way -- Construction of garage within 100 ft. of wetlands 9:20 WETLANDS PROTECTION ACTT HEARING - Fol km,an _. Zola Builders--Lot 8, Serena Allan Way- - Dwelling, utilities, septic, grading within 100 ft. c. wet l anda 9;45 WETLANDS PROTECTION ACT HEARING - Tcwn of Mansfield - -- Westerly, side of Plymouth? St. -- Install culvert in Hodges Brook; construct entrance road, clear land within wetlands buffer zone to create recreational facility AS TIME ALLOWS: MINUTES, CERTIFICATES OF COMPLIANCE, ORDERS OF CONDITIONS, CORRESPONDENCE, NEW BUSINESS MANSFIELD CONSERVATION COMMISSION �j�hlll7�� MONDAY, SEPTEMBER 14, 19`32 PAGN 1 ' J _ _ D Members Present: _ Chairman Cauldwell, Commissioners Forbes,, Poholek., Powers, O'Neill, Owens, Smi& OCT 15 Aiu S., ?j MINUTES: {{� HUD MOTION: To approve the minutes of i- 0- 92NASSA.UTIUSET T S (Powers - Smith; all in favor; O'Neill, Owens abst,) VOTED CONLON ON WARE ST. - SE211 -332: Revised plan requested from Frank Allen. He submitted it last Friday. Work can now proceed. MOTION: To send letter recognizing the revised plan as plan of record, (Powers - O'Neill, all in favor) VOTED GUARANTY FIRST TRUST (RE ERICK RD.) Information (of a technical nature) was received several weeks ago and submitted to John Rhoads for review. Copies of his response made and distributed to the commission. Mr. Rhoads concurs with the applicant that the earthwork covered by the order of conditions can be eliminated, thereby saving a substantial stand of trees, as well as eliminating work immediately adjacent to a wetland resource area. Mr. Yettman present tonight to answer questions. [Comm. Poholek arrived.] MOTION: To send letter to applicant asking to check grade elevations and stream bed between Erick Rd. and DonnEy Lane; and to notify the applicant that with the submission of a revised plan, commission would recognize that revised plan as the plan of record. (Powers - Forbes; all in favor, Smith abst.) VOTED ACCESS TO OTIS ST. CONSERVATION LAND Dr. Richard Sheehan, Jr., 355 Otis St., appeared before the commission to indicate he has a problem accessing conservation land because of the gate that the Little League put tip. He requested a key. Chairman Cauldwell asked whether he would be willing to open up the gate for other people if they requested. He said he would. Discussion centered around the problems inherent in setting such a precedent and in having the gate opened and closed on a regular basis. Dick Lewis pointed out that the gate is there primarily to prevent illegal dumping. He proposed looking into creating a pedestrian entrance wide enough for a horse. Commissioners agreed that the issue must be addressed with a view towards a permanent solution. MOTION: To issue Dr. Sheehan a key, tewporarily (90 days), until the commission devises a more permanent solution to the problem. (O'Neill - Powers; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION -SE211 -385 Home Developers Inc. - -Lot 1, Jennifer Drive -- House, grading within wetlands buffer zone WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -386 Home Developers Inc.- -Lots 2 and 3, Jennifer Drive -- Houses, grading within wetlands buffer zone The information about hydric soils ( "muck ") for which the commission has been waiting was submitted by Karl Drown, who spoke with the SCS. The SCS suggested that if it were possible to make a hydric soil, the definition submitted would be as close as you could come. Commissioners MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 14, 1992 -- PAGE 2 asked that Dick confirm this information with SCS so the hearing can be closed. Rubbish has been removed; Dick received the receipt. MOTION: To close the hearing. ( O'Neill - Powers; all in favor, Smith abst.) VOTED STEARNS HILL: APPLICANT REQUESTED WITHDRAWING NOI FOR JESS REALTY TRUST (SE211 -373). MOTION: To accept withdrawal of SE211 -373 without Prejudice. (Powers O'Neill; all in favor) VOTED 'MOTION: To continue MAC Homes (SE211 -374) hearing to 9 -28 -92 at 7 :55 P.m, (Powers - Forbes, all in favor, Smith abst.) VOTED MOTION: To send letter to MAC Homes advising that there has been withdrawal of SE211 -373 and that the option Exists of withdrawing without Prejudice (cc to DEP), (Powers - Forbes; all in favor, Smith abst.) VOTED WETLANDS PROTECTION ACT HEARING CONDINUATION - SE211 -398 Rosemont Devt. Corp.- -Lot 1, 2 Gander Lane -- Dwelling, d'rywell, utilities, grading within 100 ft. of wetlands Mr. Maloon represented applicant. Site walk. -revealed that wetland is closer to street; house shape has changed as a result. MOTION: To close the hearing. (Powers - Forbes; all in favor, O'Neill, Owens abst.) VOTED WETLANhS PROTECTION ACT HEARING CONTINUATION - SE211 -401. East Coast Devt.- -Lot 26, 31 Frederick Lane -- Grading, dwelling, septic within 100 ft. of wetlands Ralph Maloon represented applicant. Site walk revealed no problems. New plan does not.show change requested in size of lawn area which should be restricted to 7500 sq. ft. Include in orders a request for new plan showing where the lawn area will go. MOTION: To close hearing. (Powers - Forbes; all in favor, O'Neill, Owens abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -402 Joe Brugliera - -186 Dean St.-- Dwelling, utilities, grading within 100 ft. of wetlands Mr. Brugliera and Mr. Maloon were present. Revised plans received from Mr. Trowbridge in response to request generated at site walk for note on plan. No other questions. MOTION: To close the hearing. (Powers - Forbes; all in favor, O'Neill, Owens abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -400 Great Woods Center... - -South Main Street -- Expand seating and parking areas; improve access from Rte. 140 Kate Thompson from John Crowe Associates, Rayna Rubin, Earle W. Moore were present. Offsite drainage issue was addressed on site as was issue of water quality. What was agreed to at the site walk was putting in two 6" drain pipes located in the northwest portion of the proposed parking area to prevent any pocketing of rainwater in a severe storm situation, given that the area in question is very flat. Water quality issues were addressed by excerpts from the EIR, and summarized in cover letter MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 14, 1992 -- PAGE 3 presented following site walk. Mr. Karl Clemmey discussed four issues, one of which had no bearing on the wetland issues under consideration. He submitted pictures of a number of paths (seven in all) on the site near the drainage swale, 'which are eroding as people are using them. He requested a fence along the property to prevent people from using the paths and eroding the dirt. He requested that his stone wall on the property line not be disturbed; this is not a wetlands resource issue. He reiterated that he does not want any more water on his property than currently exists; he asked for a guarantee. Calculations in the filing, according to Mr. Moore, show that the laws have been met _in this regard. He asked whether any changes will be made to the existing detention area. Great Woods representatives responded that they do not propose to change the detention basin at all. Grading will occur without impacting the detention area. Mr. Clemmey can't find in the NOI a textual reference to widening the roadway. Richard Kutz from John Crowe Associates explained to Mr. Clemmey that the work was described generally in the NOI under "improving" that area but more specifically in the plans, both of which together constitute the filing. Mr. Clemmey asked that Kate Thompson respond in writing. The Town Engineering Department reviewed plans as well (under the direction of the Town Manager, at the request of the Board of Selectmen), and responded in a memo that certain specifications regarding catch basins should be included. (e.g., sumps with hood for catch basins). Mr. Moore noted that the double catch basins shown in the detail do not show a hood and trap; that oversight will be corrected. Kate Thompson and Rayna Rubin both agreed that Great Woods would meet with the Town Engineering Dept. to clarify exactly what was required with regard to catch basins /oil /water separators and that they would meet those requirements. In addition, they agreed to put a boom in place as an additional safety measure, as suggested by Comm. Powers. Rayna Rubin indicated that Great Woods wished to develop a maintenance plan for the whole facility that will address the problem of erosion, although nothing has been planned as yet. They requested that the path erosion process be handled through the site review process as part of the larger maintenance plan. ' The Engineering Dept. (represented by Dave Archard) also suggested a guardrail or fence in one area as additional protection for protection of the capacity of one of the drainage swales and of vegetation. The Commission requested that Great Woods representatives prepare a response showing a plan for dealing with erosion on the paths (prior to the proposed future overall maintenance plan); a clarification of the oil /water separator /catch basins requirements; oil boom. Earle Moore reviewed the water trespass concern of Mr. Clemmey; the catch basin to which Mr. Clemmey refers exists on the state road and has nothing to do with the current proposal. While a legitimate concern, it is not relevant to this hearing. The applicant wishes to close the hearing and feels that all issues can be addressed to the satisfaction of the commission. MOTION; To close the hearing at the applicant's request. (Powers - Owens.; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - Bullock Construction Corp.- -Lot 256, Perkins Ave. -- Construction of house, grading, etc. within 100 ft. of wetlands MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 14, 1992 -- PAGE 4 Robert Bullock Sr. re �rese the applicant. Flan submitted indicated a 91 ft, setback; pl an has been changed to a 73 ft. setback, which brings it back further from the wetland. An approved board of health plan was submitted at the hearing. Rev. date Aug. 28, 1992. Comm. Powers asked whether the 100 -year flood plain has been addressed. flick Lewis brought a plan for the lot next door showing the 100 -year flood line. No activity falls within that area. Comm. Powers wants siltation devices, because of topography. Ed McCalskey, 28 Noonan St., asked which part of Perkins Ave. the construction will be on. Noonan St. is missing on the plan, as are several others. MOTION; To close the hearing. (0'Neill - powers; all in favor) VOTED MOTION; To issue a negative #3 detervrination with mini- conditions: siltationr controls placed at the limit of work; per the Board of Health approved plan. (O'Neill - powers; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - -Wayne Carrigan--52 King Arthur Way -- Construction of garage within 100 ft. of wetlands Mr. Carrigan was present. House is on sewer. Dick: relatively flat, doesn't see a problem. Powers: driveway already exists; entering and exiting not on wetlands side; out of the buffer zone. MOTION; To close the hearing. (powers - Forbes; all i)t favor, Steith abst.) VOTED MOTION; To issue a negative #3. (O'Neill - Forbes; all in favor, Smith abst.) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -403 Folkman & Zola Builders- -Lot 8, Serena Allen Way -- Dwelling, utilities, septic, grading within 100 ft. of wetlands Abutters notified. Ralph Maloon presented for the.applicant. Revised plan submitted, dated 9- 14 -92. Location of house changed, otherwise plan is the same. Hay bales shown, dry wells shown, roof sheds toward street. Lawn area to be limited to 7500 sq. ft., noted on plan. Commission will walk the site on 9 -21 -92 at 6:30 p.m. Dick. advised Ralph to double check wetlands flags well and stake corners of house, dry wells. Road is not yet paved. MOTION: To continue to 9 -28 at 8;80 p.in. (O'Neill - Owens; all in favor, Smith abst.) VOTED WETLANDS PROTECTION ACT HEARING Town of Mansfield -- Westerly side of Plymouth St.-- Install culvert in Hodges Brook; construct entrance road, clear land within wetlands buffer zone to create recreational facility Dick Lewis presented the project; Dave Archard and Bob Swanson were also present to answer questions. Abutter notification has not been completed. Dick will do this within the week. The proposed culvert will go across an easement granted to the Town from Cabot Partners to gain access to property. Hodges Brook will be crossed with culvert, then roadway will follow wetland line, with a 30 ft. buffer between wetland and any construction; intent of town is to go in and begin to work on manageable sections of this project. The proposal has been presented to the State over the past couple of years. Town hopes to take it on in small MANSFIELI+ CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 14, 1992 -- PAGE 5 increments. Has been discussion among Board of Selectmen for reserving a 12.9 -acre piece of the property for prospective sale to buyer; speculative at this time. Filed as limited project. Dave Archard described culvert crossing. Three -foot sidewalk area. Culvert bedded in 6" of crushed stone. Sq. footage of wetland area disturbance: 2400 sq. ft. Mitigation will be on -site. One catch basin will be relocated. During crossing, area will be sand - bagged and flow will be pumped. Haven't proposed replication area as yet. Dick explained that two possible areas were under discussion which can be clarified further on site walk. Comm. Powers asked about bank disturbance. Dick explained that the bottom of brook is stone /gravel, and that once the brook is crossed, the other Oide is immediately a bvw areo- rather than bank. One section incorporates bank as well as land under water body; about 45 ft. of bank may be altered. Comm. Powers objected to the plan presented and requested all the information normally supplied by a developer, with the replication area shown on plan, etc. Chairman Cauldwell suggested that the commission can view the filing as a combined RDA /NOI for the purposes of verifying the wetland line so that replication areas can be located, and noted that this will not increase the numbers of times the site would have to be walked. Comms. O'Neill, Powers, and Poholek indicated their opinions that the filing presented is incomplete. Comm. Owens agreed with Chairman Cauldwell that although the filing can be considered incomplete, there is no point to requiring an RDA process separate from the NOI process. Wetland areas can be defined by the commission under the current proposal. Comm. Powers suggested writing orders for the replication and the culvert crossing portions �}f the project only. Site walk: le, be sc6Av1 *A 4 Aor ��g 4Jprk ouls<A, blelrra?e tan Proceed. Karl Clemmey raised the following point: Why should the commission approve a culvert crossing, if in fact some front land may be sold and the crossing won't be big enough to handle all the future traffic which would require another bridge later. MOTION; To continue the hearing to 9 -28 at 8:15 p.w+ (O'Neill - Powers; all in favor, Smith abst.) VOTED RECLAMATION OF BALCOM ST. Dave Archard views the proposed reclamation of Balcom St. as maintaining the road, but asked the commission if an RBA is necessary. Siltation controls will be required anyway. The consensus of the commission is that filing is not necessary. MOTION: To send letter to DPW /TE office stating that the project is regarded as maintenance, although siltation controls are necessary to prevent adverse impact, from Otis to Jewell. (Powers - O'Neill; all in favor) VOTEI+ CERTIFICATES OF COMPLIANCE: MOTION: To issue a partial certificate on lot 21, SE211 -311. (Powers - Owens; all in favor, Smith abst.) VOTED MOTION: To issue a partial certificate on lots 15 & 17, SE211 -379 (Powers - Owe)7s; all in favor, Smith abst.) VOTED MOTION: To re -issue a certificate on SE211 -298 (Powers - Owe)75; all in favor, Smith abst.) VOTED MOTION: To issue a partial certificate for lot 17 Bustin Farm from SE211 -144 and SE211 -391. (Powers - Forbes; all in favor, Owens, Smith abst.) VOTED MOTION: To issue a partial certificate on lot 4, SE211 -382, MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 14, 1992 -- PAGE 6 (Owens - O'Neill, all in favor) VOTED MOTION: To issue a partial certificate for Lot 45, from SE211 -370 ' and SE211 -380_ !Powers - Owens; all in favor) VOTED MOTION: To issue a partial certificate for lot b, SE211 -190. ( Powers - Owens; all in favor) VOTED CORRESPONDENCE: REQUEST FOR EXTENSION PERMIT: The commission requested a proposed time frame to support the request for an extension permit for SE211 -314 (David White, School St.). ------- ;� MOTION: To ask town counsel to ask for default judgment against Rottman, Bird Rd. (Powers - Owens; all in favor) VOTED ORDERS OF CONDITIONS: MOTION: To issue an Order of Conditions for SE211- i - with a finding that this lot does not fall within. the 100 -year flood plain, (Powers - Owens, all in favor) VOTED MOTION To issue an fader for SE211 -398 with rev, plan dated 9 -11 -92 superseding all plans. (Powers - Forbes, all in favor, Owens, Smith, O'Neill abst.) VOTED MOTION: To issue an Order for SE211001 with a new condition requiring a plan noting a 7500 sq. ft. lawn limitation and showing the location of the lawn_ 00, (Powers - Forbes; all in favor, Owens, O'Neill) VOTED h MEETING MONDAY, SEPT. 21: MOTION: To most with NRT for a one -Issue meeting 7 :30 p.m., 9 -21 (Powers - O'Neill; all in favor) VOTED The meeting adjourned at 12:00. Approved by: /pf Date to town clerk: