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Home My WebLink AboutConservation Minutes 10/9/1990MANSFIELD CONSERVATION COMMISSION MINUTES 1TAk*9HDAY, OCTOBER 9, 1990 -- PAGE 1 Members Present: Chairman Powers, Commissioners CaU�dwel1, O'Neill, ,OWKrs, Poholek, Rhoads The meeting was called to order at 7:30 p.m. „ urn np MINUTES•') MOTION: To accept the minutes of September 24 asldorrttte'd. (Cauldwell - Owens; all in favor) VOTED MOTION: To accept the minutes of October 1 as corrected. (CaUldwell - Poholek; all in favor) VOTED [Comm. O'Neill arrived.] CORRESPONDENCE: - -JASON LANE - Information received regarding passbook account, letter dated 10 -4 -90 from liquidating agents. -- Member to be appointed to serve on committee to select town manager. MOTION: To appoint Chairman Powers to represent the commission on such committee. (Cauldwell - O'Neill; all in favor) VOTED Commissioners will discuss at a future meeting what questions should be asked of potential candidates. Some concerns raised: how he/she perceives relationships with town boards and commissions;" knowledge of general laws, town charter. WETLANDS PROTECTION ACT HEARING CONTINUATION: SE211 -335 Leo & Roy MacDonald-- Residential compound: 2 areas of work within 100 ft. of wetlands-- Behind 59 Mill St. ,,The Planning Board required twelve feet width of pavement, with 4 ft. shoulder area on each side of compacted loam over gravel, for about 700 feet. Other minor changes included recharge using infiltrators, with about two feet of cover.' New plans submitted. Water found only at test hole D, 10 feet down. [Comm. Rhoads arrived.] Turnaround area could be pulled back, thereby 1 increasing the open space block. A note can be put on plan stating "this area to remain natural." ;Haybales.should be moved on plan, to define a better limit of work. Common driveway - gravel note has not yet been changed; Planning Board has not yet issued its conditions of approval yet. Prudent to leave hearing. open in case of further Planning Board changes. Revised plan must be submitted. MOTION: To continue the hearing until to 10 -22 -90 at 5:00 p.m. (O'Neill - Cauldwell; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY- -Great Woods Inc.-- Wideninglbridge work for Route 140 at Great Woods (.setting wetlands bounds) Christine Brestrup, John Crowe, Rayna Rubin were present. Site walk discrepancies noted at flags 40 -42 only. The applicant is willing to relocate the line according to the judgments of commissioners present at the meeting. Potential areas to be proposed for replication when the NOI is filed include expansion of bvw in two areas, hence the importance of correct determination of bvw. The applicant has a letter of comment from DEP stating that the proposed work is compatible With the intent of improving a substandard intersection;.the letter will be submitted when the applicant files a Notice of Intent. Chairman Powers observed that a small pocket near easement for detention area may be MANSFIELD CONSERVATION_; COMMISSION MINUTES TU4A9WDAY, OCTOBER 9, 1990 PAGE 2 changing characteristics from bvw to isolated land subject,to flooding. She advised that the applicant consider addressing this issue when filing NOL. - Comm. Rhoads felt that water quality issues are more important than flood control /runoff, issues in this case. MOTIOke To close'the heating. (O'Neill - Cauldwell; all in .favor) VOTED MOTION: To issue ;a Positive #i.determination.with findings: This determination finds that the Mansfield. Conservation Commission concurs with the delineated area of bordering vegetated wetland, including changes made on plans presented to•the commission at its 10 -9 -90 meeting. No attempt has been made to delineate other resource areas. The delineation`does_ not consider Army Corps criteria. The Mansfield Conservation Commission has made no attempt to define-the regulatable wildlife habitat.. No position has been taken on limited project status. (O'Neill - Cauldwell; all in favor) VOTED CERTIFICATE OF.COMPLIAHCE SE211 -277 - Lots 3, 4;; 5, 6 on. Branch Street. 'The commission has received from engineer plot plans of houses; the house on' °lot 6 is farther from wetlands than on the original plan. Lots 3, 4, 6 still need to be,- seeded;, lot 5-is complete. Lots are flat, with minimal chance of_ negative Requirement for compensatory flood storage has not been met, but Dick said tis'understanding was that the area has been excavated, on lot 3.' Z ;r MOTION_: _To issue a_partial certificate for lot 5, SE211 -277. i (O'Neill Owens; all in favor) ' VOTED C\ MOTIONo_. +,To deny the request for certificates for +lots 3, 4, 6 until the work is done.` (see ]amendment below)_ �,[0'Neill - Cauldwell) Comm 'Awen`s sees -no problem with conditionally releasing lots 4 and ;E since the >work is only.loaming and seeding. Com�n.,Rhoads shares Comm.. O'Neill ?.s opinion with regard'td Iot:3, as does Comm. Owens., ' f MOTION To amend the;-above.motion to. release lot 6 and deny lots 3 and 4 because work:has not been completed,!and to hold the partial . ' release until loaming and Seeding is complete r Ckhoads - Cauldwell; all in favor) VOTEb_. - MOTION the-certificates for lot 6 and deny lots 3 and 4 as b ove. tkhoads - "Cauldwell; al'l in ,favor) VOTED * WINDCHIME POND' . Mr. Steve Wright appearetl before the commission and summarized the current status of this project. The Superseding Order expired in September of 1937. On May 16, 1959 the board recommended that the banks be checked on the easterly 'side of pond. :.In October 1959 the street drain breached (for the second time). It -was repaired again and seeded. The commission felt that the question as.to :whether the pond slopes are correct is a question for Ms. Kouloheras to, decide. ' Mr.; Wright feels that the current ditch design will inevitably be breached again, and is concerned since the idea behind the design is to keep drainage separate from pond. Chairman Powers asked what Mr. Wright is looking for. He. C, asked where_a modification should be required in the ditch, given ;that it;was - installed incorrectly and has already breached, twice. A letter dated October 3 from Ralph Maloon.stated that the drain line was set lower but still functions as designed and as approved. Chairman Powers has shown the Chairman of Board of MANSFIELD CONSERVATION COMMISSION MINUTES T41.MKAY, OCTOBER 9, 1990 -- PAGE 3 Selectmen the issues on site. The Conservation Commission will walk the site on Sat., October 13 at 8:00 to check whether seepage is possible between pond and drainage ditch. Mr. Wright wants to send letter to DEP regarding slopes. Where it is supposed to be six feet deep, it is ten feet. Chairman Powers noted for the record that if the DEP approved the slope or made field change, the Mansfield Conservation Commission can not change it. DEP would have enforcement authority here. Mr. Wright was advised to write to the state if he so chooses. Permission to enter Mr. Folkman's property will be requested in writing. ORDER OF CONDITIONS: SE211 -336 - Alchemist Court - MOTION: To issue as written. (Rhoads - Cauldwell; all in favor, O'Neill abstaining) VOTED CERTIFICATE OF COMPLIANCE: SE211 -303 Forest Park, 46 York Rd. Substantial area of undisturbed vegetation between house and resource area; reality better than plan; loaming and seeding almost complete. MOTION: To issue the certificate, for Dick to hold until work is completed. ' (Owens - Cauldwell; all in favor) VOTED SE211 -152, West St. - ZBA variance request A Certificate of Compliance was issued in July of 1986 for lots on West St. Area will be coming before zoning board for variance for house lots. Dick is seeking permission to copy plan, send to zoning board,.asking to verify site. Chairman Powers remembered that certain proposed filling was never done, therefore replication was not done. SE211 -335 Tom McDonald Special Permit hearing has been closed; a decision is being drafted. The orders may be issued next Monday. COORDINATION /COOPERATION AMONG BOARDS Comm.,Rhoa4 distributed -and reviewed the draft of a memo relating to coordination of issues between Conservation Commission and Planning Board. Four points which should be considered to minimize plan revisions include: .a preliminary discussion with the Conservation Commission at which time the applicant should be prepared to address measures that mitigate impacts to wetlands. The Notice of Intent should be submitted concurrent with the Planning Board approval process, ideally after the Planning Board's hearing is advertised. If for some reason the hearing process with the Conservation Commission involves lengthy delays, the applicant should approach the Planning Board, offering an extension of time so that the two boards can coordinate time frames; once the Conservation Commission has issued an Order of Conditions, the applicant can reinstitute the Planning Board process, with a set of plans that reflects requirements of both boards. The meeting adjourned at 11:15 p.m. Approved by: Date to town clerk: /pf