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HomeMy WebLinkAboutConservation Minutes 11/13/1990TUESDAY, MOVEMBER Members Present; Chairman Powers, Come Smith The meeting was called to order- at 7:00 13, 1990 -- PAGE 1 nissioners,',Cauld4ael, Owen, Rhoads, p.m. Ph 1: y _� 91i FLu-� 28 CERTIFICATES OF COMPLIANCE: SE211 -277 (ISPO, Branch Street), lot 3 MOTION: To issue a partial release for lot 3.. (Owens - Smith; all in favor) VOTED SE211- 191_(Forest Park). Mr. Ed Broderick explained to the commission that he had spoken with Sanford regarding the replication done on lot 10, York Rd., during the summer of 1988. Sanford maintained that the area was completed in such a way that even if 251. of the plants died, the 75X remaining would meet state criteria for replication. The firm would charge Mr. Broderick 1500 to come out to inspect; Mr. Broderick preferred to have the Conservation Commission inspect the site. The commission discussed the adoption of a policy to require professional evaluation of any replication area, to be included in future orders involving replication. Comm. Owens felt that the board should establish a policy but questioned whether that policy should be applied to the 'request under discussion. He indicated that he would like to look at the replication area. Comm. Smith will abstain from discussion of this matter; further discussion was tabled until additional commissioners arrive. It was noted that it is difficult to assess plant viability at this time of year. SE211 -181_ (Mansfield Corporate Center). MOTION: To issue a Certificate of Compliance for SE211 -181, based on Dick's recommendation. (Owens - Smith; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY CONTINUATION - -U.S. Sprint- - Installation of cable along MBTA right of way Ed Crowston distributed information packets which answered questions raised at previous hearing. Ned Gilman of U.S. Sprint was also present. Details show mitigation measures. The hand hol5s were listed and described. The majority of activity of concern to the commission takes place in the last 2 ire miles of project; these areas were listed and the reasons for type of installation detailed. Dick Lewis noted that siltation controls should be on hand as needed. Work will most probably take place over four nights and three days. Mitigation measures were shown for areas of steep slopes. Chairman Powers asked that when work commences, the applicant let Dick know, and also notify him of any problems encountered. MOTION: To close hearing. (Owens - Smith; all in favor) VOTED MOTION: To issue a negative 93 determination. (Owens - Smith; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -309 Keli Green Dick spoke with Mr. Folkman, who indicated that they would like to continue to the 1 -19 -91 meeting at 8:00. The hearing will be re- advertised at the applicant's expense, due to the great expanse of time gone by between public hearings. MOTION; To continue to 1- 14 --91 at 5:00. (Owens - Smith; all in favor) VOTED , NOVEMBER 13, 1990 PAGE 2 MOTION: To send letter , to - applicant requesting re- advertisement. (Cauldwell - Owens; all in favor) VOTED DISCUSSION OF RULES AMPREGULATIONS The commission walked the Canoe River from Mill St. down;.and some (Comm. Cauldwell, Poholek;:'Mssrs..Buck, Wilson, Robeson) walked northwesterly portion of Great Woods holdings. '46belone is shooting a semi - automatic; perhaps automatic (according to Comm. Cauldwell) weapon, illegally. Passing a regulation against hunting would not affect such a person, who is already flagrantly violating the law. Chairman Rowers felt that the northern portion of the parcel, immediately adjacent; to Ephraim Drive and squire Rd., was perhaps used too frequently to make hinting safe. Irick raised the question from Ken Carlson regarding policy relative to going into conservation property and taking out dead trees, wind fall, etc. Other towns have a policy of notifying the conservation office before removing dead trees, etc. Limits to removal could be imposed. EComm. Rhoads arrived!]"_ " Comm. :Rhoads felt that permitting tree cutting /clearing present control /liability problems. The state supervises it closely under their policies. He noted that the Canoe River greenbelt was a candidate for permissible hinting, with the exceptions noted above. Mr. Michael Trowbridge of Oak St. voiced concerns about regulating hunting; because the lawbreakers will not be deterred, and the law - abiding citizens will be hurt. Also, maintaining posting is a problem.. Another field walk will take place: Comm. Cauldwell will try to organize the date and get back to the commission. Potentially Nov. 25th, 1:30 (Sunday). Comm. Cauldwell also added that while in the Great Woods,.the group came._ across`a three-wheeler stuck in the mud.who had no idea where he was; he had accessed the area from the Norton flea market.- He remarked on the enforcement difficulties which prohibition would present. MOTION: To continue discussion to 12 -17 -90 at 8:00. (Cauldwell = Rhoads; all in favor) VOTED The commission will meet 12 -10 and 12 -17. WETLANDS PROTECTION ACT HEARING, CONTINUATION -SE211 -338; Leo & Roy MacDonald-- Residential compound behind 59 Mill St. (Classic Court) The commission has received the final plan.' The gravel driveway is now a paved driveway. MOTION: To close hearing.. (Cauldwell Smith; all in favor') VOTED l Chairman Powers.abstained from the discussion of the following project. MOTION: To nominate Comm. Rhoads as acting chairman for the Request for Determination of Applicability (Boldrighini), in the absence of vice - chairman O'Neill. (Smith - Cauldwell; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY Albert Boldrighiini -- Cottage St. extension -- Grading, pavement, utilities - within 100 ft. of drainage ditch: Michael Trowbridge represented the Boldrighinis. Mrs. Wiese, 118 Church St., abutter, noted that the property was very wet. Mr. Trowbridge explained that they are proposing to pave an existing cart path, which is currently gravel, to provide access for two house lots, which are buildable under- current C.! TUESDAY, NOVEMBER 1'3, 1990 -- PAGE 3 zoning, and which have received Planning Board approval. Disk explained that the Back Bay `rook is farther west than the area under- discussion. Roadway drainage was Jirected into the area; the town has re- routed some of the storm drains which used to go into the ditch. The only water which presently goes in is direct rain ;rater /sheet flow from abutting properties on Brook ;St. The lots themselves would come back: tinder separate review. Nearest work to resource area would be construction of water main. MOTION: To close public hearing. (Smith - Cauldwell; all in favor) VOTED MOTION: To issue a negative ;i3 with the stipulations that Dick be notified of construction in advance, and that he be provided with a sketch plan in order to inspect for siltation controls and designate a work area. (Cauldwell - Smith; all in favor) VOTER WETLANDS PROTECTION ACT HEARING-- 8E211- 239 -- Estate of Alice P'iasecki-- -Winter Street -- Subdivision grading, drainage, roadway, utilities_- within buffer ?one Michael Trowbridge represented the applicant. Large ridge runs through the property; the project proposes to replace it with a 710 ft. roadway. Leaching galleries proposed, for 100 -year storm. Oil /water separators shown on plan. Areas on lots 2 and 3 are areas on which any stockpiling will take place, per Planning Board requirements; any stockpiling to exceed two weeks will be seeded to prevent erosion. These potential stockpiling areas are within the buffer zone. Wetlands were flagged by Hutchins-Trowbridge, possibly during the winter of 1989. Dick feels the project should be reviewed on site, given the substantial amount of material to be removed. Sedimentation /erosion control is key to the project. (Comm. Owens is abstaining from discussion.] The commission will walk the site and check. flags. Comm. Rhoads commented that the ridge line runs almost north - south, and his concern is that an attempt be made to get water to the wetland; perhaps via a leaching gallery behind basins to the rear. The Planning Board requirement for oil /water separators before discharging may be applicable to this application, which would necessitate a waiver from the Planning Board. Mr. Trowbridge was asked to let the commission know what is tributary to the wetland; at a minimum sheet flow will be lost - the question is, w4at else. Discussion of recharge will be postponed until site has been walked. No calcs for groundwater flow have been done yet. R. J. Nelson, 251 Franklin St., has seen dramatic increase in fluctuation of Whiteville Pond levels following development of the area and asked what the impact will be on Whiteville Pond. Comm. Rhoads explained that water may well get to the pond faster post - development, slightly higher, earlier in the storm, than under natural conditions - same amount of water, different time frame. Water quality may be discussed under the act, and recharge system through the soils, as is proposed, is preferable to direct discharge. The issue of other subdivisions' impact is not before the commission currently. Mr. Nelson asked about the extent of the excavation. The site will he walked at 7:30 a.m. on November 17. MOTION: To continue to 12 -10 -90 at 8:00. (Rhoads - Cauldwell; all in favor, with Owens abstaining) VOTED MIKE TROWBRIDGE, Disr_ussioni Mill Farm Planning Board wanted input from Conservation Commission regarding ownership of the open space for the proposed cluster subdivision. The proposed open space links two town-owned parcels. The Planning Board is concerned about TUESDAY, NOVEMBER Ili 1990 - PAGE"tl the loss of revenue and liability. The property owners {Flintn /Hu6bard'1 want to J" QQ it to the town. Dick. Lewis recommended sending a letter to the planning board recommending that the town should own this land, which is in the Canoe River aquifer protection district. Open space is desirable. Mssrs.- Trowbridge and Flint were present 'during the discussion. NOTION: To write the Planning Board with A cc to the applicant and representative, stating that the Conservation ,ommission, would prefer to see the open space deeded to the town,-thus ensuring that it would remain open .space; should regulations be weakened; and would also suggest that a concept ,plan be developed for some of the smaller parcel's, (Rhoads -- Owens, all in favor) VOTED The commissioners will try to be present at Planning Board discussions of this matter, since a precedent'is being set.. ` MINUTES: MOTION: To accept the minutes of 10-22-90 as amended. (Cauldwel Rhoads; all in favor) VOTED GREEN ACRES DISCUSSION - SE211 -131 (Jennifer.Lane) Mr. Maloon' and Mr. Boutas were present. Mr-. Maluon presented as- builts. Dick has inspected both the berm and the basin. Only seeding remains to be done, but is subject to the weather; The driveway area, which is about 26 feet at its widest point; his been pulled in as far as possible, given the slopes. s 5+ -rte deli i±s F _t �8 feet The Lot 2 compensation area still remains to be done.` Dick has been out there on almost a daily basis. The order has run out, and conditions were added to the extension.' A special condition in the extension stated that no other impervious surfaces could be constructed until the compensatory storage area and'berm were in-place. With regard to wetland . work on lot 2 and 3, a detailed' replication plan is necessary (more-detail than Dr. Carr's letter submitted in April 1990.is 'required to verify that the area will really function as a wetland). Mr. Boutas requested a release of lots 5,; 6, 7, S. The consensus is that the:level:of performance ,justifies the release of come 'lots; "Dick feels lots 1, 2; 3' And 4 should not:be released, because there are still remaining issues, but release of S, 6, 7, S would not be inappropriate." The commission de ided; to Issue a Certificate, noting that if any work on houses comes within 100.0. of a resource area, an _individual filing must be made. MOTION: To extend the current order, including: a time schedule for seeding of.-compensatory storage area and berm (by 5-15 of next ..- year) completion of compensatory flood storage on.lot 2 by 1Q -15 of next year-; with no .further impervious surfaces allowed -until everything is covered; and finally, as partial Certificate of Compliance to be issued or, lots 5, 6, 7, 3. (Rhoads - .Cauldwell; all in favor) VOTED CERTIFICATE OF COMPLIANCE (See beginning of discus=- -ion,. above) - SE2117191 Dirk encouraged the commission to adopt a policy requiring that replication areas be inspected and verified by the firm which designed it, or an equivalent h rm. Such a policy has been - applied retroactively in the case of:Austin Farms. This time of year makes assessment difficult for the commission The commission also dais not wish to override' Dick's recompendation that Mr:: Broderick have the replication.area verified by. Sanford. In addition, the commission.doen " t have MANSFIELD CONSERV;TICN COMMISSION MINUTES TUESDAY, NOVEMBER 13, 1990 -- PAGE _t letter- from engineer stating that project is completed according to plan, I MOTION: To deny the request and raq;uize that a competent wetlands scientist certify the replication area, and that a letter or as -built be submitted verifying that the project has been completed according to plan. (Owens - Rhoads; all in favor, Smith abstaining) VOTED Dick will formulate a policy with regard to wetland replication verification. ORDERS OF CONDITIONS SE211 -333 (Classic Court, Mill St.) MOTION: To issue as amended (attachment =_.how5 limit of work and clearing) (Rh:oads. - Cauldwell; all in favor) VOTED SE211- -33 (Tom McDonald) MOTION: To issue as prepared by Dick. (Rhoads - Cauldwell; all in favor) VOTED SE211-321 (Old Elm St., lot D) MOTION: To issue amended order:.. (^hoods - Cauldwell, all in favor) VOTED CERTIFICATE OF COMPLIANCE: SE211- -292 lots 3, 9, 10, 11, 12, 14; SE211 -312 MOTION: To issue partial certificate for lot 3 and 12 from SE211 -312 (Rhoads - Owens; all in favor) VOTED MOTION: To 'release lots 3, 12, 9, 10, 11, 14 from SE 211 -292. (Rhoads - Owens, all in favor) VOTED RELEASE OF BOND, MOTION: To release bond being held for drainage pond and replication planting area on lot 17 of Captain John Williams Estates. (Rhoads - Cauldwell; all in favor, Smith abstaining) VOTED Dick Lewis presented for review a draft agreement between Town of Mansfield and F.D.I.C. relative to the completion of Jason Lane. Commissioners had reservation =_ regarding the agreement, because it appears to them that the town releases its rights to the money which was to guarantee that the work would be completed. The agreement releases the passbook and hopes for the best. The commission wantoth;e work done prior to any conveyance of the lot. Dick will talk to Bob Mangiarotti about this issue. Chairman Powers wants to know why the Conservation Commission issues are being joined with the Planning Board issues. The detention basin needs attention. The commission asked that Dick report back to town counsel that it has a problem releasing surety until work is done, or releasing lots before the work is done; these concerns must be addressed before the agreement which gives up a passbook in exchange for a promise] can be signed. John Riccio requested release of lots 1 and 9, Jason Lane. MOTION: To deny the request for release of lots 1, 9, because the work required by the Order has not been completed. ( (Rhoads - Cauldwell; all in favor, Smith abstaining) VOTED Enforcement Order, Balcom fudge II - Coma. Rhoads reviewed information which was submitted regarding the hydrology and found it to be correct. Information came I. TUESDAY, NOVEMBER 13; 1490 - -- PAGE 6 in late last week; the applicant needs a decision as to whether the Enforcement Order- can be lifted so paving can be done. Once impervious system is down, drainage system must be functioning: But lot development is figured into the ( ; calculations, too: paving the road alone may net overwhelm drainage. Comm. Rhoads would like to see adjusting the Enf. Ord. to allow paving. MOTION: To amend Enforcement Order to allow binder course of paving and na other impervious surfaces until the diking and backwater issues are resolved. (Owens motion withdrawn) No houses are depending upon the road paving; the planning board wants the road done in order to have one more project under control. No resident needs road. Chairman Powers doesn't want to "give away the store." Comm Owens withdrew his motion. Regarding new plan: the bottom area is being disturbed. The commission needs more time to consider plans and issues. Comm. Rhoads will review subdivision plans also.. Dick passed out proposed budget for fiscal year 1992 Dick will prepare a list of conservation property management items which are to be placed an town meeting warrant. Pre - construction conference summary for the proposed new elementary school was passed out by Chairman Powers. Dick will send a letter to Hutchins-Trowbridge re ZDAtWest St. issue stating that Conservation Commission has received a plan but can't confirm wetlands; as of Nov. 13th there has been no formal filing. Gary /Michael Eagan, who own a parcel on Thompson St. (off of Hope), want to donate parcels (largely wetlands) to town. The commission's consensus: To have Dick approach the potential donors with a view towards accepting the parcel. hick distributed for review a lease agreement between Town and National Lumber re improvements to conservation land an Maple Stilformalizing concrete picnic table, etc. and agreements discussed with Conservation Commission. The selectmen are party to the. agreement because although the Conservation Commission controls propery, it doesn't own it. National Lumber agrees to do the work and the'town agrees to allow them to do the work. MOTION: To'sign the 10 -year lease. (Owens - Cauldwell ;'Owens, Cauldwell, Rhoads, Smith in favor, Powers opposed) VOTED The meeting adjourned at 12:15 a.m. Approved by: CU QJZ D Date to town clerk: /p ftNV`G -`F. r_.