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HomeMy WebLinkAboutConservation Minutes 2/11/1991TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 MANSFIELD CONSERVATION COMMISSION AGENDA FEBRUARY 11, 1991 7:30 Call to Order 8:00 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -341: Necco Realty -- Septic system /grading within 100 ft. of wetlands -30 Marjac Way 8:20 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -343: Mansfield Cooperative Bank -- Dwelling /grading /septic system within 100 ft. of wetlands - -lots 4, 5, 6, Sean Drive 9:00 WETLANDS PROTECTION ACT HEARING CONTINUAUTION - SE211 -342: East Coast Devt. -- Dwelling /grading within 100 ft. of wetlands - -51 Lancashire (lot 26); 50 York Rd. (lot 98 9:20 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -344: East Coast Devt. -- Dwelling /grading within 100 ft. of wetlands - -59 Lancashire (lot 24); 58 York Rd. (lot 100) 9:45 REQUEST FOR DETERMINATION OF APPLICABILITY - Tyler Devt. Co. -- House /grading for 2 -lot residential complex within 100 ft. of wetlands -- Adjacent to 123 & 199 Plain St. AS TIME ALLOWS: NEW BUSINESS CERTIFICATES OF COMPLIANCE MINUTES CORRESPONDENCE , rtnrcUHKr 11, 177v ­ Members Present: Chairman Powers, Commissioners Cauldwell, Owens, Rhoads, Smith The meeting was called to order at 7:30 p.m. MOTION: To approve the minutes of 1 -28 -91 as corrected. (Cauldwell - Owens; all in favor) VOTED CORRESPONDENCE: - -Canoe River Aquifer ACEC Designation Public Meeting - 7:00 2- 14 -91. - -Copy of discharge report sent from Merckens Chocolate Co. Dick was asked to get a copy of the permit to which the report makes reference. WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -341: Necco Realty -- Septic system /grading within 100 ft. of wetlands - -30 Marjac Way Mike Trowbridge presented a new plan, rev. date 1- 30 -91, in response to questions raised on the site walk. Original plan showed no hay bales, and the limit of clearing was felt to be too extensive. Commissioners suggested that a small band of natural growth would be advantageous in the rear of the house, until the area revegetates. Mr. Trowbridge suggested a 10 -ft. strip along the easement line. Dick suggested a special condition stating that any work relating to the drainage easement is under a separate order; this order refers only to the house and associated grading. MOTION: To close the hearing. (Rhoads - Cauldwell; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -343: Mansfield Cooperative Rank -- Dwelling /grading /septic system within 100 ft._ of wetlands - -lots 4, 5, G, Sean Drive Lot b: Plans revisions indicate stone wall, additional wetland flags. Lot 5: Garage moved forward 12 ft. Debris removal should be included in orders. Lot 4: This plan has changed the most, because the site walk revealed more extensive wetlands than the original survey showed. Plan Rev. dates: lot 4, 2 -1 -91; lots 5, G, 1- 30 -91. MOTION: To close the hearing. (C•auldwell - Rhoads; all in favor; Smith abstaining) VOTED NEW BUSINESS: Drake's Bakery has contacted Dick about removing old underground diesel fuel storage tanks (which have been tested annually but are nearing the end of their useful lives) and installing one 10,000 above - ground storage tank at their facility near the Forbes Blvd. /Rt. 10G intersection. They began work before realizing they had to come before Conservation Commission. Two issues are involved: 1) removal of storage tanks; 2) there are currently no drainage structures in parking lot area. The applicant has acknowledged the problem and has indicated a willingness to cooperate. Dick raised the possibility of a berm around portion of driveway, catch basins in some areas, with oil /water separator. All proposed work is on asphalt. A Notice of Intent is probably required. Chairman Powers and Comm. Rhoads suggested that an appropriate commission response to this review should be a letter stating that a Notice of Intent should be filed, and stating the commission's preference for seeing the I] issue of stormwater quality addressed at same time. The letter should also express the preference of the commission to have the tank located as far from wetlands as possible. j MOTION: To send such letter. (Rhoads - Cauldwell; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -342: East Coast Devt. -- Dwelling /grading within 100 ft. of wetlands - -51 Lancashire (lot 2G); 50 York Rd. Clot 98) Mr. Trowbridge presented for the applicant. These lots were grouped together in the NOI filings because the lots were purchased together, an one deed. Lot 26: A new plan (totally re- topo}ed) was presented. A low area (now full of water) was shown on plan. The siltation fence has been pulled back, now 30 ft. from house all way around; the driveway was also moved over; a stone trench along the driveway, 3 ft. wide has been included. The house is in the same place. A stream bed is also shown. The commission still wants to see a Board of. Health plan. Lot 98: An existing monitoring well was added to the plan. The dry well was moved to the opposite site of the house. A letter will be forthcoming from Attleboro DPW regarding the wells on site. The siltation fence was pulled back. MOTION: To close the hearing, (Cauldwell - Owens; all in favor, Smith abstaining) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -344: East Coast Devt. -- Dwelling /grading within 100 ft. of wetlands - -59 Lancashire (lot 24); 58 York Rd. (lot 100) Lot 24: New plan shows changed house location, silt fence and driveway pulled in. Lot 100: New plan shows front corner of house shifted, driveway shortened slightly, siltation fence pulled in; includes walkout basement. Mr. Trowbridge suggested for stone at end of driveway. Contours have also been changed. Commissioners noted that siltation fence was not staked properly on lot 101, especially given the steepness of the slope. A similarly steep slope here will require that the applicant be made aware that the slope will have to be protected more carefully. MOTION: To close the hearing, (Cauldwell - Rhoads; all in favor, Smith abstaining) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - Tyler Devt. Co.- -House /grading for 2 -lot residential complex within 100 ft. of wetlands -- Adjacent to 123 ?, 199 Plain St. Tyler Stewart presented plans showing siltation controls placed 50 ft. from wetlands vegetation. All grading outside this 50 ft, line. The closest building is 72 ft. from wetlands, with septic systems being over 100 ft. away. Plan has been approved by the Planning Board. Dunn Engineering did the wetland flagging. Dick moved some of the flags when he reviewed. Comm. Rhoads asked whether there is there a better way to proceed-than to clear all the trees out. Two to three thousand yards of gravel are to be removed. Comm. Rhoads feels oversight required in a project of this nature, and therefore feels a NOI should be required. Chairman Powers agrees. The finding should note that no field walk has been conducted, and therefore that the wetland line will be reviewed during -the NOI process. MONDAY, FEBRUARY li, 1990 -- PAGE 3 MOTION: To close the hearing. (Cauldwell - Rhoads; all in favor) VOTED MOTION, To issue a Positive #3 determination due to quantity of ' gravel to be removed, review and more stringent performance standards required, noting the commission has not reviewed or approved wetlands line, (Rhoads - Cauldwell; all in favor) VOTED RDA - 565 Maple St. - Reconsideration MOTION: To reconsider the vote of the previous meeting. (Owens - Cauldwell; Powers, Cauldwell, Smith in favor; Owens, Rhoads abstaining) VOTED The commission reviewed the issues for Comm. Rhoads, who was not present at the previous meeting, and explained that there was concern about the 100 -year flood line, because of abutters' concerns and pictures. It was noted that after the vote was taken, an area resident indicated the date the pictures were taken, which was prior to completion of drainage structures at the Green Acres subdivision in the area. Comm. Rhoads suggested a mini - condition regarding controlling the driveway runoff and recharge. Chairman Powers feels this issue is outside of Commission jurisdiction. Mr. Trowbridge says the applicant is willing to treat this driveway the same way as the adjacent lot to address the issue. Comm. Owens wants assurance it will be done per plan. Comm. Rhoads suggested it could be handled via Enforcement Order. MOTION: To issue a negative #3 determination for lot 94, 565 Maple St,, with above -noted conditions and as -built required, (Rhoads - Cauldwell; Rhoads, Powers, Cauldwell, Smith in favor; Owens against) VOTED WETLANDS BYLAW - The commission will meeting Thursday evening, 2- 21 -91, to discuss a local wetlands bylaw article. CLARIFICATION OF ARTICLE 46, 47. Dick explained that Acting Town Manager Cutillo suggested transferring only 83000 of the 84802, leaving a portion of the state fees reserve account intact. If Article 46 passes, Article 47 would be indefinitely postponed. REQUEST FOR CERTIFICATE, LOT 2, BRANCH ST. - SE211 -277 MOTION: To issue the certificate. (Cauldwell - Rhoads; all in favor) VOTED SE212 -245 - LOTS 101, 104, 109 YORK RD. There has been a reduction of work in buffer zone between revised plans and the original. The applicant should be reminded that this order expires in May. A letter will be sent to East Coast Devt. referencing the new plans as an amendment to the order. The commission should require dry wells, though not shown on plans. Regarding lot 104, Dick will review and then the commission will decide if additional review is needed. MOTION: To notify applicant that commission has accepted revised plans for lots 101 and 109, noting that the activity is less than originally proposed, with the additional condition of installation of dry wells. (Rhoads - Cauldwell; all in favor, Smith abstaining) VOTED MILL FARM CLUSTER PROTECT - STATUS It appears that Planning Board and Conservation Commission have an / essential disagreement regarding tree clearing policies. Regarding a memo to the Planning Board drafted by Comm. Rhoads and presented to the commission for review: the commission is agreed on 01, 2, 3, 4 of the draft. The open space land management issues addressed by No. 5 have not been resolved. Comm. Owens suggested indicating to the Planning Board that the commission will carry out the will of the townspeople after a public hearing process as to utilization of this land. Chairman Powers wished to retain the right to reject the parcel if the conditions in special permit are so restrictive as to prohibit such Conservation Commission use. flick proposed leaving open the option of establishing a linking trail to another commission parcel. The meeting adjourned at 11:50. Approved by: M-qn A'P°CLWtAIQDC `' Date to town clerk: fpf