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HomeMy WebLinkAboutConservation Minutes 12/16/1991i TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, DECEMBER 16, 1991 7:30 CALL TO ORDER 8:00 Paul Folkman, Discussion re Wind Chimes subdivision 8:15 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 8:16 WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -373 Jess Realty Trust- -180 Acres between Eastman St. and Stearns Ave. -- Subdivision road /utility construction within 100 ft. of wetlands 8:50 DETERMINATION OF APPLICABILITY Howard B. Baker - -30 Reservoir St. -- Construction near wetlands -- parking area /meeting house for St. James AF ( & AM and the Mansfield Grange 9:20 WETLANDS PROTECTION ACT HEARING Mansfield DPW - -East, Mill, Essex Streets -- Construction of +19,000 linear ft. of sewer, some within buffer zone AS TIME ALLOWS: MINUTES CORRESPONDENCE NEW BUSINESS CERTIFICATES OF COMPLIANCE `i MONDAY, DECEMBER 16, 1991 -- PAGE 1 Members Present: Chairman Powers, Commissioners O'Neill, Owens, Poholek, Smith MINUTES: MOTION: To accept the minute=_. of 12 -2 -91. (O'Neill - Poholek; all in favor) VOTED CERTIFICATES OF COMPLIANCE SE211 -371 - Lot 7 - Forest Park. Sodded, work complete, all in order. MOTION: To issue the Certificate. tO °Neill - Smith; all in favor, Cauldwell ahst.? VOTED SE211 -236 - Lot 10 Austin Farms - work never commenced; check. off 43 SE211 -144 - Lot 9A and Lot 10 - needs partial from subdivision MOTION; To partially release 99 from SE211 -144 (Cauldwell - O'Neill; all in favor, Owens ahst.) VOTED To issue certificate #3 for lot 13 which .is now part of 9d fro »r 211 -236. (Cauldwell - O`Neill; all in favor, Owens abst.) VOTED Paul Folkman, Discussion re Wind Chimes subdivision Mr. Folkman explained that when the town accepted Wind Chime Rd., there was a meeting with various abutters, town officials, etc. with concern over piddling at outlet; a pipe had been put in 6 -8" low; the error was not picked up until the as -built was submitted. Drainage system is operational: to keep peace in the neighborhood, a decision was made to return to Conservation Commission and apply for a pipe extension, which will involve filing with the commission. Mr. Folkman asked for the commission's guidance given that the applicant will be making changes to a plan approved by DEP. The change being considered is in the range of 25 -50 ft. of pipe extension. Dank and bvw loss will result. ( Wind Chime residents present expressed their desire to have the work done as soon as possible; it was explained that the commission does not take enforcement actions unless_- there is a problem with the design or function. The timetable for this submission is up to Mr. Folkman. The project was inspected by the town and released; DEP has issued its certificate. The proposed pipe extension enhances the value of the lot, but the lot is buildable in its current state. The current proposal is a result of interest by the abutters. The commission asked whether the area of piping become part of the town drainage system if the project goes forth. The maintenance of the pipe/ditch would be the responsibility of the lot owner, according to Mr. Folkman. Bob Faretra, 34 Wind Chime Dr., stated his concern that the bank is eroding and may breach again. Stagnant water is also a equal concern. He asked know wiry a year has gone by since the on -site discussion of the problem with town and state officials and the abutters; it was explained that the commission responds to applicants, except in the case of an emergency. Mr. Folkman answered that he couldn't afford to do it this year and also explained that since an Order of Conditions would be valid for three years, he is not promising the project will be done immediately after the permit is received. The responsibility for any future breaching belongs to the landowner where the breach occurs. Steve Wright, 14 Windchime Dr., noted that the landowner downstream from the ditch has rights to water at a particular level; he asked whether the town has the right to have him lower the level, which would ameliorate the problems. This issue would have to be explored with a legal expert in water rights. Carol Salzman, 42 Windchime, asked how far DEP would allow the ditch to be piped under t current regulations. Commissioners explained that twenty -five ft. of the ditch (50 ft. of bank, counting both sides) is all that is allowed without replication. r 1 -- PAGE 2 WETLANDS PROTECTION ACT HEARING CONTINUATION: SE210374 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 applicants have requested a one -month extension. They have received John Rhoadsy comments regarding the project and will seek other geotechmical estimates. NOTION: To endorse Jahn Rhoads' memo (referred to 4hov0 as commission memo to applicant, (O'Neill - G'auldwell; all in favor) NOTION: To continue hearings to 1_27_91 at 8 ;2 VOTED CCauldupil - O'Neill; and 8:21. 2i 11 ; }11 in favor) V OT ED LOT 14/15 STURPRIDGE ESTATES: Fill removal is about 80 -851 complete according to nick's inspection this afternoon. Stabilization plan has been submitted. Chairman Powers noted that the problem was discovered in September, before the difficulties with the detention area surfaced, and questioned the delay in work, DETERMINATION OF APPLICABILITY Howard B. Baker - -30 Reservoir St, -- Construction near wetlands -- parking area /meeting house for St, NOTIO r, To continue to James AF AM and the Mansfield Grange the conclusion of the next Qrin;_ 001He.ill - Cauldwell 411 in favors VtrT[II WETLANDS PROTECTION ACT HEARING - SE211 -377 Mansfield DPW- -East, Mill, Esser; Streets -- Construction of +19,000 linear ft° of sewer, some within buffer zone CComms. Owens and Cauldwell are abstaining from this hearing.] Most ( abutters have been notified. Bob Swanson, Town Engineer; Greg Martin and Sean Scully, Beta Engineering were Present. Five locations within buffer zone included in this filing: Mill St, at pump station, Mill Pond crossing of Mill St., East St, just down from Flint Farm, drain crossing on Eastman St. C10Eiv two drains on Penney Lane. Mill St. crossing: submersible pump station includes two concrete structures that are below grade; dewatering operation necessary, emergency generator. Wetland line and buffer zone line shown; fence around station, with Plantings as a buffer for the neighbors. Existing grades, except for E -8" of concrete structure which will be above grade. Fence line is limit of work. Hay bales and silt fence shown on Plan. Areas of alteration must be calculated by the next hearing. Stream crossing on East St.: two culverts. No alteration. One -two days work time frame. Hay bales shown, Chairman Powers asked that the applicant put together a written statement of what will be expected of the contractor. Include in orders that if there is a problem the contractor will notify the town engineer and the conservation agent. place to which a C A pre - construction conference will take onservation Commission representative will be invited. On Eastman St., crossing similar to East St., as are the two crossings on Bonney Lane. Supporting with screened gravel after pipe is put through, and backfilling. Crossings will be no more than eight feet deep. No resource area to be altered in these areas. Regarding catch basins: catch basin sediment traps, hay bales secured around them. Stream crossing on Mill St. is only area of alteration, all other work is within buffer zone only. Regarding pump station: work within buffer zone, fence is extent of work. area, Chairman Powers; work. will be coming very close to the bvw in that area. Calculate the area of the easement which falls within the bvw° Dick suggested MONDAY, DECEMBER iG, 1991 -- PAGE 3 possible cutting the corner of the fence, which the engineers felt is also a possibility. Joe Gonsalves, 37 Mill St. suggested moving the pump station at the Mill St. crossing across the street to the town -owned land; Bob Swanson stated he'd look into that. However, the other side of road is flood plain, according to Beta Eng., and is three feet lower on that side. Mr. Gonsalves also expressed concern about the work being done in camping season, down middle of the road. 500 gallons of diesel fuel will be stored on site for the emergency generator. Specifications on the enclosure and leak detection, and spill prevention systems will be submitted at the next hearing. The applicant will be filing for (Dater Quality Certification with DEP. Wetlands are flagged. Site will be walked 12 -28 -91 at 7:30 a.m. NOTION: To continue to 8:00 at 1 -13 -92 with site walk as above, (O'Neill - Smith; all in favor, CauldWell and Owens ahst.) VOTED DETERMINATION OF APPLICABILITY CONTINUATION Howard D. Baker - -30 Reservoir St.-- Construction near wetlands -- parking area /meeting house for St. James AF & AM and the Mansfield Grange Dick recommends continuing it until the 13th, given that the applicant was not present and that there were some unresolved issues resulting from the site walk. MOTTO0 To continue to 030 on 1-13-92- (Ouen5 - Cauldwell, all in favor' VOTED Request from Folkman & Zola Builders regarding release of lots 2, G, 10, 117 iG, Sturbridge Estate=_.. Drainage system is not done. MOTION: To deny the request for the partial releases. (O'Neill - Owens; O'Neill in :_._ _ Powers, Ouenrf ,°?hole,, Smith opposed) NOTION f4£L.E MOTION= To issue a partial Certificate subject to be held and signed when a majority of commissioners are satisfied by ' site inspection! cCauldwell - Smith; O'Neill against, rest all in favor? VOTED The commission must first get an engineer's statement that work is per plan and then will inspect the site. Future releases will be discussed at a meeting in January where guidance will be given to the applicant. The meeting adjourned at 11:30. Approved by: Date to town clerk: Ipf