HomeMy WebLinkAboutConservation Minutes 9/10/1990MONDAY, SEPTEMBER 10, 1990 -- PAGE 1
Members Present: Chairman Powers, Commissioners Cauldwellr O'Nei.�, Oeps,,
Poholek, Rhoads, Smith
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The meeting was called to order at 7:30 p.m. 91 R13 28 (' 1: 1
MINUTESi"
MOTION: To accept the miaates of 9- 10 -90.
(OC Neill - Owens; all in favor, O'Neill abstaining) VOTED
ORDER OF CONDITIONS:
SE211 -334 - LOT 1, KEEFE ST. Dick mentioned that it might be better not to
include in Special Condition 01 the phrase "to be filed 10 days before
construction begins" because it would enable .a sale to take place before the
special condition was adhered to (since, presumably, sale of the property would
take place take place long before 10 days prior to construction). Regarding
the proposed swale on the northerly side of property, special condition 03
should require a detailed profile of the Swale. Special Condition 02 should be
met prior to construction. The suggestion was made to add to Special Con. Hi:
Proof of filing -said condition shall be submitted within 30 days after the
appeal period has elapsed. There was no consensus on this last suggestion.
MOTION: To issue the orders to include: that condition #1 be wet no later
than 10 days prior to construction; that the phrase "at least 10
days prior to construction" be included in condition #2; that
condition #3 request a detail of swale; and that condition #13
refer to sites both upgradient and downgradient.
(O'Neill - Cauldwell; all in favor) VOTED
(Comm. Rhoads arrived.]
RULES AND REGS.'FOR CONSERVATION PROPERTIES
Comm. O'Neill would prefer no use of dirt bikes or ATV's on conservation
property. = Snowmobiles are currently used. Commissioners agreed to prohibit
unregistered ORV (off -road vehicles) on all parcels. Comm. Rhoads proposed and
other - .commissioners agreed that very limited use of snowmobiles (in Maple Park),
be allowed within a defined corridor, with regulations as to depth of snow,
size of the group, etc., seasonal limit (March 15), and time of day when .
operation is permitted (Comm. Cauldwell suggested morning /evening hours - none
before 8 or after 10; from noon on Sunday): Comm. Rhoads favors a subcommittee
deciding to walk and decide upon appropriate trails; but the issue of liability'
was raised and the commission decided not to lay out or mark a trail. No such
use would be permitted within 100 ft. of pond or stream. Comm. Rhoads
reiterated the need for subcommittee to consider uses of sites close to'well
sites. The consensus was that Maple Park, with the above- mentioned limitations,
is potentially open to snowmobile use. As to other sites, some commissioners
expressed the opinion that there may be sites in addition to Maple Park which
'would be appropriate. The public hearing advertisement, will indicate that
snowmobiles would be allowed at Maple Park only; public feedback may provide
additional direction. The commission agreed to prohibit pojer� pail n all
ponds and rivers. With regard to hunting: Comm. Cauldwel. APee1-' it should be
allowed in certain parcels, perhaps with some exceptions. Comm. Poholek
would not encourage hunting on town parcels, but would simply allow it according
to state laws currently in place; Comms. Owens, Smith, Rhoads, O'Neill were in
favor of prohibiting hunting due to concerns for safety. The regulations
proposed for the public hearing will be 'advertised as prohibiting hunting;
Public feedback will be sought. Commissioners will look at town -owned parcels
MONDAY, SEPTEMBER 10;'- 1990. -- PAGE;, 2
with a view to snowmobiling; Sat. 9-22 at:7e30.
ADDITIONAL SITE WALKS: 9:30, 9 -22 (RDA for Rte. 140); with Whitetail Lane RDA
C
site walk. following. -
OCTOBER MEETING SCHEDULE:
Regular meetings on 9th.and 22nd; rules 8 regs. hearing on the 15th, 7:45.
WETLANDS PROTECTION` ACT HEARING CONTINUATION: BISMARCK REALTY TRUST (DeGirolamo)
- SE211 -327. Mr. DeGirolamo has dug a test pit on the south side of the
pile, a trench about 5.5 ft. deep, 14 ft. long, which revealed all clean.sand,,
and gravel' material'•, no sign of any staining, no sheen on. the water.
MOTION, To cjoss'Wi hearingg
fRhoads:= .O'Neill; -all in favor) VOTED
r ,
WETLANDS PROTECTION ACT HEARING: SE211 -336 - Karl Clemmey -- Alchemist Court:
Construction of`i400 ft., of roadway; detention basin -- Eastman Avenue, lot
68 - =Rte. :1061:
The site walk raised the possibility of the need for an impervious.(clay]
core on one` aide -of'- wetland :flow; this'coild be included,,in the orders, to
address the "worry of drawing down wetland. ,Performancq,standards,could be set
in the Order, and' ber brought .to the Planning Board with future roadway
modifications which- :they will- have.to do:. Dick will write a letter to
applicant.
MOTION: To continue, hearing to 9 -24 at 9.30.,.
?O'Neill'= Caul duel I. ; ;a11 - in, favor) VOTER
WETLANDS PROTECTION ;ACT HEARING: Leo & Roy MacDonald -- Residential compound: 2
areas of work within 100 ft. of wetlands -- Behind 59 Mill St., - .SE211 -338
l
-Proof of notification of abutters was presented by the applicants
representative ,.`The darker`, shaded areas on the revised plan (dated 9-10) show
REQUEST FOR DETERMINATION OF APPLICABILITY: Townof Mansfield- -Hope St. --
Drainage improvements'
Bob Swanson presented plans.:. Catch basins preferable to previous proposal
to alleviate icing and_ponding, along Hope St.' Maintenance and, improvements of
existing public roadways are among, the exemptions <listed_in the act; Chairman
Powers gave a lists.gf questions, which were, distributed to the commission.
.Mike McNally from Beta Engineering,'and:Dave Archer were present to answer
questions.Ir The pipe'-is adeqUate.to handle both pre -. and post - development.. work.
Dick: agrees� that the provisions of the'act which..exempt.municipalities apply in.
this case. • The area is a sensitive one... Dick doesn't see :an increase-to the
Back Bay Brook. Dick should be notified when work. commences. Comm.- Rhoads
proposed other mini conditions: that.siltation resulting from any'dewatering .
operation be prevented; and excavation material performance standards be adhered
MONDAY, SEPTEMBER 10, 1990 -- PAGE 3
to; hay bales along top of slope on westerly side of sidewalk. Some things can
be worked out in the field. Notification of Dick.
MOTION: To close hearing.
(Cauldwell - O'Neill; all in favor) VOTED
MOTION: To issue a negative #3 determination with construction performance
standards for dewatering, siltation around surplus material,
notification of the commission or its agent before work commences.
(Rhoads - O'Neill; all in favor) ' VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY: Alan Drown - -113 Balcom St., lots 7
f. 8-- Stumping and grading
From what Chairman Powers has seen on site, no clearing has taken place in
wetlands; this is a buffer tone project. Mr. Drown wishes to prepare the site
in order to prepare for a pert test with a view to eventually building a house.
There are currently chunks of concrete, etc. right at the edge - if not in - the
JWAS, which should be pulled out as a "mini- condition ". The applicant was advised to
engineer the pipe crossing with the final site development, which will be
included in a future notice of intent. Comm. would consider sending enforcement
letter indicating its desire to remove concrete in conjunction with stumping and
grading work being done.
NOTION: To close the hearing.•
(O'Neill - Owens; all in favor) VOTED
MOTION: To issue a negative #3 with stipulation that any further clearing
and grubbing can be done in a northeasterly direction only; and
that any temporary grading be done consistent with existing
contours, and any further construction associated with development
of the lot would require additional review,
(Rhoads - O'Neill; all in favor) VOTED
ORDER OF CONDITIONS - SE211 -287 (Austin Farms)
MOTION :_ To issue the orders, adding a bequest (new condition #2) for
abbreviated construction schedule outlining additional erosion
control devices, subject to commission or its agent's approval,
(O'Neill - Poholek; all in favor, Owens abstaining) VOTED
CERTIFICATES OF COMPLIANCE
':'MOTION: Tp issus partial releases for lot a from 270 and 319 to be held by
-Dick until ready,
(Rhoads - Cauldwell; all in favor) VOTED
NOTION: To issue a Certificate of Compliance for 0211 -244.
(O'Neill - Owens; all in favor) VOTED
NOTION: To issue a Certificate of Compliance for SE211 -173.
(Cauldwell - Owens; all opposed) NOTION FAILED
This file number is under a Superseding Order of Conditions issued
by DEP, and the commission's order (which denied the project) does
not control the parcel.
SE211 -134 - MANSFIELD MANOR ESTATES
Ralph Maloon submitted drainage talcs for Mansfield Manor SE211 -134,
resulting from meeting with Pasco reps., Engineering Dept., Rhoads, Lewis.
Questions originally posed to Ralph: Is there impedance downstream; what would
be the impact if the flood storage compensation area were not built; can the
numbers justify his opinion that the peak will pass before. the Back Day brook
peak arrives. The calculations show a relatively insignificant increase, but
MONDAY, SEPTEMBER 10, 1990 -- PAGE 14
I they should be reviewed by John and the town engineer. Ralph, also submitted
+ a wetland replication plan for SE211 -134. The commission proposed sending
a letter to Ralph asking him to submit the plans to the Planning Board for
review. The replication area has been reduced,and separated from compensation.
The commission's consensus was that more specifics are needed. Commissioners
would prefer to see the replication . on lot 31, if it hasn't been sold to a
private homeowner. '
MOTrt_ +N: To infor+i+ applicant and his representative of the above, not
specifying the lot for replication, but specifying that
replication take place in an area inongdiately contiguous to the
lost wetlands, '
CCauldwell - Owens; al in favor, Foholek 'abst.) VOTED
LETTER REGARDING DESIGNATION OF CANOE RIVER WATERSHED AS ACEC
MOTION: To endorse draft Zetter to ACEC. VOTED
(Rhoads Cauldwell; all in favor)
OFFICE HOURS FOR CONSERVATION AGENT: 9 -12 a.m.
ACTIVITY ON SCHOOL STREET
Several residents have alerted Dick to activity off of School Street,
opposite Eastern Wholesale Fence_. one pile is at the edge of wetlands. Steve
Benoit has deposited his office and storage containers on Carl Nelson's
property within 100 ft. of wetlands. Mssrs. Benoit and Nelson should be put on
alert that no more work should be done.
MOTION: To issue Enforcearant Order to Mr. Nelsnt7.
tO'NeiII - .CauldweZl, all in favor, Smith abstaining) VOTED