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HomeMy WebLinkAboutConservation Minutes 4/22/1991TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, APRIL '', 1991 7:30 CALL TO ORDER 3ae0 REQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION Hutchins - Trowbridge Assoc., Inc. -- Esser; St. - -To review wetlands bounds on site of proposed residential compound 8:05 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -350 James Grant Company--- Forbes Boulevard (Drake's Bakery building) -- Removes! of existing underground fuel storage tank, installation of new above- ground tank 8:30 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -249 Harrington & Matto - - -lot 7, Ri.verwood Drive--Dwelling, septic system, grading within 100 -ft, buffer Lone 9 :00 WETLANDS PROTECTION ACT '-TEARING - Fort Realty Trust-- Piasecki Dr., lots -G -- Houses, grading, septics, utilities- within 1001 buffer zone 9:30 WETLANDS PROTECTION ACT HEARING CONTINUATION -- Zola Family Realty Trust -- -Lot 5, 416 Maple St. -- Single family house, grading, septic system within wetlands buffer :one 9 :35 WETLANDS PROTECTION ACT HEARING - John H. Riccio- -Essex St., lot 42--Construction of Fawn Lane (550 -ft. roadway) and associated drainage structures within buffer zone AS TIME ALLOWS. ORDERS OF CONDITIONS: SE211-- 347 (28 Matthew Lane); SE211 -348 (Lot 13, Riverwnnd Dr.) NEW BUSINESS CERTIFICATES OF COMPLIANCE MINUTES CORRESPONDENCE MONDAY, APRIL 22, 1991 -- PAGE 1 Members Present: Chairman Powers, Commissioners Cauldwell, O'Neill, Owens, Poholek, Smith, The meeting was called to order at 7:30 p.m, MINUTES: MOTION: To accept the minutes of 4 -8 -91 as revised, (O'Neill - Poholek{ all in favor) VOTED WARREN GRANT: Revision to project at 571 Maple St., SE211 -290 Mr. Grant proposed a slight change in plans with regard to retaining wall specified on original order, from a timber wall to a sloping stone embankment„ MOTION: To accept the modification of the plan. (O'Neill - Poholek: all in favor, Smith abstaining> VOTED (Comm. Cauldwell arrived.] MEETING SCHEDULE FOR MAY: 5 -6 -91 at 7:00 just before town meeting; 5 -13 -91 at 7:00 just before town meeting. Town meeting articles will be discussed at the 4 -29 meeting. BEQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION -- Hutchins - Trowbridge Assoc., Inc.-- Esse:: St. - -To review wetlands bounds on site of proposed residential compound The commission hasn't seen the site as a commission. The two commissioners who have seen it had some concerns. Mr. Trowbridge wishes to walk the site with the commission in order to resolve the differences. Site walk: 4 -27 -91 at 7:30 a.m. Joan Shaw and John Brant, of 336 Esser: St, were present at the hearing. I MOTION: To continue the hearing to 8:24 can 4- 29-91. (O'Neill - Cauldwell; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -350 James Grant Company -- Forbes Boulevard (Drake's Bakery building)-- Remove existing underground fuel storage tank; install new above - ground tank Jim Jameson was not able to be present, but brought revisions to Dick. this afternoon which included more thorough treatment of some of the drainage, oil /water separators, catch basins, etc. as requested by the commission. James Grant Co. will be putting together for Drake's Bakery an emergency response plan to be kept on site. Absorbent materials are to be kept on site. The fueling design for the tank has been modified, with the fill area, surrounded by a 10 -gal. containment, at the top. Since regulations require a 25 -ft. offset from the building, the tank can't be moved further from the wetlands. A 6" asphalt berm will be placed along the back side of the parking lot. Three catch basins are proposed, fitted with oil /gas traps. Although the DEP had no problem with what was submitted, and a file number was issued, no plan has been submitted with elevations, contours, etc. The plan submitted doesn't show wetlands. MOTION: To require a new plan, to he submitted to the Commission and to REP, showing wetlands line and elevation in accordance with the local bylaw regulations, by registered engineer per regulations. (O'Neill - Cauldwell; O'Neill, Poholek in favor, Smith, Cauldwell, Powers, against; Owens abstaining.) MOTION FAILED MOTION: To include in the orders a special condition requiring that a plan by a registered engineer showing wetlands he submitted to the Mansfield Conservation Commission and to REP prior to construction, and that this plan also be kept can site during construction, (Cauldwell - Owens; all in favor, Owens, O'Neill abstaining) VOTED MONDAY! APRIL 22, 1991 -- PAGE 2 MOTION, To close the hearing. (Cauldwell - Poholek; all in favor, Owens, O'Neill abst.) VOTER WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -349 Harrington & Matto- - -lot 7, Riverwood Drive -- Dwelling, septic system, grading within 100 -ft. buffer zone Mr. Maloon submitted a revised plan dated 4- 22 -91. He maintained that there had been an error in wetlands line on original plan filed with subdivision. Mr. Howland of ERC re- flagged area; however, the commission noted that it is difficult to verify the line when the site has already been cleared of vegetation, as in this case. Comm. Powers noted that the area in.dispute should not have been stripped; now, the burden of proof is on applicant to prove that the area, originally shown on the plan as wetland, is not a wetland. Three different wetlands lines have now been submitted; unless the issue is cleared up by a site walk on 4 -27 -91 at 9:15 a.m., an-independent wetlands evaluation, to be paid for by the applicant, may be requested. Steve Wright, Randy Matto were present and stated that Mr. Howland could be present at the site walk. The commission gave no feedback on lot 8 to the applicants, because the wetland line(s) have not yet been resolved. This lot, too, will be reviewed on the site walk. �heTit+d� The hearing was continued to 4- 29 -91 at 8 :45. L6.,jull- P� ; &A .4� WETLANDS PROTECTION ACT HEARING - SE211 -351 Fort Realty Trust-- Piasecki Dr., lots 2 -6 -- Houses, grading, septics, utilities within 100' buffer zone In issuing the its file number, DEP indicated that there is no Title V compliance on lot 9. There is no lot 9; according to Mr-. Maloon, DEP was referring to lot 4 and the matter has been cleared up. Abutters have been notified. A dry well is proposed for each lot. Comm. Powers 'requested that the - applicant submit to the state information stating that the commission has been assured that there is no impact with regard to the 100 -year flood line. Hay bales are limit of clearing. Tracy Gavigan of Fort Realty, was present. Amount of change of natural cover should be reduced as much as possible on the lot (6) on which Mr. Gavingan's house will be built, which comes closest to wetlands. Mr. Bob Nelson, abutter, expressed concerns that the drainage and grading be prevented from affecting his lot. The applicant was asked to minimize cutting and clearing on the lot as much as possible. MOTION, To close the hearing. (01HEill - Cauldwell, all in.favorj Owens abstaining) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -353 Zola Family Realty Trust- -Lot 5, 516 Maple St.-- Single family house, grading, septic system within wetlands buffer zone Plan revision submitted (dated 4- 22 -91), including stone trench along edge of driveway as requested. MOTION, To close the hearing, (O'Neill - Cauldwell; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -352 John H. Riccio-- Essex St., lot 42-- Construction of Fawn Lane (550 -ft. roadway) and associated drainage structures within buffer zone James Dunn represented the applicant. In essence this Notice of Intent is a re- filing of a previously filed subdivision permitted under SE211 -224. Abutters have not been notified. MOTION. To postpone hearing until abutters have been notified Per Commission regulations. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, APRIL 22, 1991 -- RAGE 3 (O'Neill - Cauldwp11; \Powers, Smith opposed; O'Neill, Cauldwell, Owens, Poholed,/' 96"1-) T� V07--0 MOTION: To continue hearing to 4-29-91 at 9:I5. (O'Neill - Cauldwell; all in favor, Powers abstaining) VOTED ORDERS OF N CONDITI SE211 -347 eLOf 39, A llnailAeaii,(") MOTION; To issue orders as written and amended for SE211 -347, including a finding that the reason for limiting lawn size is proximity to Canoe River aquifer incorporating specifications of #11 into special condition #2, 001Neill - Cauldwell; all in favor) VOTED SE211 -348 'Hat 13 A;Verwdod DIJ MOTION: To issue orders as written and amended incorporating specifications of Oil into special condition #?, and including finding that the replication area for the subdivision is unsatisfactory, and a corresponding special condition stating that no Certificate of Compliance for this order will be given until the initial replication plantings have been completed in a forth satisfactory to commission; and until the developer obtains a right of entry (with proof submitted with the request for Certificate of Compliance) to enter lot 13 for the purposes of remedial work on replication area for two years from the date of the Certificate_ (Rhoads - Cauldwell; all in favor) VOTED SE211 -353 (Lot 5, Maple St.) MOTION: To issue the orders as discussed. (Rhoads - Cauldwell; all in favor) VOTED REPLICATION AREA, RIVERWOOD ERC will be inspecting to see what has survived over the winter; Dick proposed asking for spot elevations (including the depth of water at the spot elevations), as well as a quick listing of what was put in last fall and this spring. HARRINGTON & MATTO'S PROPOSAL TO POST $3000 BOND The commission's 'reaction to this proposed bond for the replication work hinges on results from tests proposed above. Comm. Rhoads suggested that detention basin problems be brought to Dan Clifford's attention. NEW BUSINESS: - -Copy of yearly track maintenance plan received from Conrail. -- Merckens Chocolate report received by Dick. - -DEP workshops in May on groundwater protection. - -Rules and regulations should be placed on agenda after town meeting. -- Letter from Mr. Folkman re time on agenda for informal discussion About piping ditch an lot 38, Wind Chime - can be scheduled in June. - -Copy of letter from Mangiaratti stating that letter from Concom has been passed on to the engineer for the library /COA project (Per ocec 17ve SuSJ %or �a'e� -- Status of enforcement carder on School St. property: no compliance. Debris has been creeping near /into brook. Dick proposed following up with a notice of non - compliance, allow another 2 -3 weeks, then follow up with DEP. Include in ithe letter of non - compliance notification that the commission will be notifying the Army Corps of Engineers as well as DEP. -- Gilbert St. (Mr. Wolfe's property) tires, car parts, etc. being placed on property. A letter will be sent requesting removal of rubbish. MANSFIELD CONSERVATION CHMMISGION MINUTES MONDAY, APRIL 22, 1991 -- PACE 4 - -Comm. O'Neill recommended that the board adopt a policy of not considering incomplete plans /filings. The meeting adjourned at 11:30. Approved by: Date to town clerk: /pf