HomeMy WebLinkAboutConservation Minutes 8/27/1990MONDAY, August 27, 1990 -- PAGE i
Members Present: Chairman Powers, Commissioners Cauldwelj, Owens,1Pohglek,
Rhoads, Smith
The meeting was called to order at 7:30 p.m. `
MINUTES:
MOTION; To approve the winutes of 8 -13 -90 as sahwittgd;, u- �__.,
(Rhoads - Owens; all in favor A Owens ahstai?,4, 70, (i �Li`�4 ! j VOTED
CORRESPONDENCE:
- -MACC - Wetland replication /restoration workshop - 9 -8 -90, Lakeville
-- Commission sent response re Merckens EIR raising issues of additives to
water, spills, etc. Reply from Merckens indicates no additives are used;
there is a containment area for spills. They maintain that no Order of
Conditions is required. The commission asked Dick to respond to the letter by
asking for details of the monitoring program._
NATIONAL LUMBER:
Sohn Kaitz and Al Alkon of National Lumber explained that in May 1989, the
company approached the commission on the use of a small piece of property on the
northwesterly section of Maple Park. Mr. Kaitz maintains that the piece of land
under discussion is not land they want ise, but is needed only for visual
enhancement of their site. Mr. Kaitz admits that his company originally
erred in their unauthorized use of town property, but feels that National Lumber
has been cooperative in carrying out the agreement made with the town.
The town asked for about 100 feet of fence; Mr. Kaitz proposed placing boulders
to prevent bikes in order to save money; if fence is required, he asked for a
minimum height fence. Trees were planted twice, but did not survive, so Dick
proposed a grant of $350 to the town to be earmarked for planting. Plans
originally discussed were reviewed. [Comm.,Smith arrived.] Paving of the piece
of property.in question will be done at a later date. [Comm. Cauldwell
_ arrived.] A maze gate was discussed; commissioners agreed that four foot high
fence would be sufficient.
MOTION: To report to the Bd. of Selectmen that the commission has
met with National Lumber and recommended: _ one concrete picnic
'table instead of the three wooden tables originally proposed,
a donation of 8350 for planting,-four ft. fence as shown on plane
with maze gate; and to -also indicate that the commission is not
opposed to the paving of the area.
(Rhoads - Owens; all in favor, Cauldwell abstaining) \ VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION: BISMARCK REALTY TRUST
(DeGirolamo) - East St.
No DER file number has been received. Mr. DeGirolamo presented the
analysis of the asphalt pile. The asphalt content by weight is 1.8 percent.
Normal mix would be 5 percent. The applicant was advised to re- submit the locus
plans to DEP, by certified mail. Comm. Rhoads indicated he has been thinking of
requiring test pits (in orders) to see if groundwater has been affected.
MOTION: To continue to 8.55 on 9- 18 -98,
(Rhoads - Cauldwell, all in favor) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION: Keli Green SE211 -309
The applicant has requested a continuation.
MOTION: To continue to 8.80 p.n), on 9- 29 -90.
( Cauldwell -- Poholvk; all in favor) VOTED
MONDAY, August [/, 1•i•iv rHut z
WETLANDS PROTECTION ACT HEARING: SE211- 336 =- Karl Clemmey -.- Alchemist Court:
Construction of 1400 ft. of roadway; detention basin -- Eastman Avenue, lot
68 Rte. 10E:,
Bill Buckley, of Bay Colony Surveying, and Karl Clemmey present. The
project,, adjacent to Tara Estates, is an `eleven lot subdivision, ' approved: by the
Planning Board; nine lots are buildabley 2 are non- buildable lotsi which provide
access for adjacent developments. Wetlands have been delineated by Drown
Environmental Servicesp some delineation taken from Tara Estates by Dunn .'
Engineering. Twenty -four ft. p'a'ved roads sidewalk, on" 'one side only. Within
water protection district:' Subsurface drainage system will- pipe most everything
to a large 'detention basin (six' feet' deep). Sized for, the' one - hundre&' year
storm (depth five feet). `This filing covers construction of roadway only
within the 1 fe,�
one.' Comm Rhoads asked for )additional fifteen feet of trap
rock in onet� ?arFA
the detention basin.", Site walk. 9 -1 -90 at 7:_30 a. m.
MOTION: To continue to 9 -10 at 9:15 P.m.
(Rhoads - Caaldwell; all in favor) VOTED:
WETLANDS PROTECTION ACT HEARINO '`Leo & Roy
0acDonald =- Res'id'ential' compound: 2 areas of,Work "'within 100 -ft. of
"wetlands -- Behind 59` Mill St -
Mr: "Maloon'described projects'' Plans have been' filed with the Planning
Board,-but there is a need to verify wetlands line in order to meet criteria for
number of lot's shown. 'Proposed As 'a gravel 'drive at this point'; Planning Board'
mayrequire paving'.' i" Dry wells propased;``excellent soil ".in area:' This, filing
is for, the` residential' compound drveWay'and) one house. - 'Comm:' Rhoads suggested,
some'changes'to move one section of the roadway away from the wetlands: Mr.. .
Maloon was 'advised that whatever applicant can do to pull'work� away from
wetlands would be preferable Roy'McDonaid also present and was, 'so advised; he
C_;)
had -'no objections to. proposed ;changes Site walk:'
Commissionrequested, plan showing 'wetland',flagging�';staking` of end of roadway,
and depression area closest to wetlanrd,,and house.` Abutters must be advised of
continuation date`Cthey'have� not yet been ;noti`fied)
MOTIOA+ Tn continuu''the hearing to 9 -10`90 at 9 30 s
# tCRhoads Owens, aII'i>n favor) VOTEDi:,
WETLANDS PROTECTION ACT NEARING CONTINUATION,SE211 287 '; ,,
Bonwoo'd Co x:42 Fredric Lane; lot'A' -
` Field 'walk prior to this meeting, 8 -27 90 Mr Maloon representedhe
applicant 'Mr Folkman also present This hearing is far the .house location
and driveway;' revised replication plans shown `on) the plan 'for Austin Farms';
was approved by . the - commission by`a'vote taken on 8- 13 -90.` Driveway, house,
portions'of septic_!system' are within 100 "feet of wetlands." :Stone recharge area.
and Cape'Cod`'tierm suggested when 'driveway " "is titfilt to reGharge'some driveway
and
_-,MOTION: To close ths'hpering': -
fCauldwell '- Rhoads; all :in favor,, Owetis'ahstainin9) VOTED.
WETLANDS PROTECTION ACT HEARING'CONTINUATION: SE21i -334:
Hope St. Mansfield Realty Trust- -Keefe St., Lot i
ri
EComm: Rhoads left the room. 1'
MOTION: To reinstate the the )Motion (from 8 =13 -90 meeting) to require
wetland delineation by indapetndetnt consultant. -'
C
(Cauldwell - Poholak; all in favor) VOTED
MONDAY, August 27, 1990 -- PAGE 3
The consensus of the commission after walking the site again was that the
line need not be redelineated; the feeling was that the line set was very
conservative. Comm. Cauldwell read into the record a letter requested from
Hutchins- Trowbridge, maintaining that should the 100 -year flood elevation be
reached, there would still be no hydraulic connection between the questionable
area and the wetlands on the site. Comm. Poholek thinks the line is as
conservative as one can get.
MOTION: To require outside consultant - all opposed, Rhoads abstaining
FAILED
Atty. Donald MacManus, for the abutters: no soil log, as required by
commission's regulations; no details on Swale, as required. Residents question
test hole, dated almost 2 1/2 years ago; during that time the wetlands have
moved, so perhaps the groundwater may have moved also. He reiterated the need
for a permanent condition regarding future applications under limited project
status. In answer to the abutters concerns, Dick explained that the soil log
reguirement is applicable to septic system or detention area proposals. Swale
detail could be requested as a special condition, and should be sized
appropriately to accommodate the runoff from the yard of Mr.. Paulsen, an abutter
on Charles St. An additional condition could be included in the'drywell special
condition regarding an additional, recent test hole, in an area close to where
the dry well will be. The commission agreed that a condition regarding future
limited projects must be filed on the chain of title for the appropriate
portions of the parcel for which access is being cut off by the applicant.
Commissioners must decide what part of the parcel must be restricted from
limited project consideration. It was suggested that a special condition
include requiring that, 10 days prior to beginning work, proof be shown that
such a condition has been recorded on the chain of title.
Mr. Dlandori asked if the commission believed that its expertise is
sufficient to delineate the wetlands in question without professional expertise.
„It was explained that the law grants the right of jurisdiction to DEP and the
Conservation Commission., Comm. Cauldwell further explained that if he or the
other commissioners had had questions or felt unsure, then they would have
sought outside help. Joe Myers, 57 Charles St. asked what would result if the
test hold showed a higher water table than expected. The commission explained
that adjustments might have to be made in construction. .
MOTION: To close the hearing.
(Cauldwell - Owens; all in favor, Rhoads not present) VOTED
[Comm. Rhoads returned.]
CERTIFICATES OF COMPLIANCE:
SE211- 253 - -44 Mill St.
MOTION: To issue the Certificate of Compliance for SE211 -253.
(Owens - Cauldwell; all in favor) VOTED
SE211- 136 - -lot 5, Doundry Rd.
MOTION: To release lot 5 from SE211 -136 (work has been completed), subject
to Dick's final review.
(Owens - ,Rhoads; all in favor) VOTED
[Powers turned chair over to Owens]
SE2ii- 212 - -lot 7A, Concetta Drive
MOTION: To release lot 7A from SE211 -212
(Rhoads - Smith; all in favor, Powers, Cauldwell abst.) VOTED
\ CORRESPONDENCE
-- Robert Sacquet doing forestry under Chapter 61A.
- - - --
MONDAY, August 27; 1930 -- PAGE 4 -
-- New England lnstitute'of Environmental Studies info's
-- Letter from Foxboro resident re concerns about dumping in Maple Park area
-- Letter fro m. Environmental Crime Strike Force looking for assistance C /
-- Notification; -from Board of Health re mal'athion spraying
ORDERS OF CONDITION:' a
SE211 -335 (McDonald, East St.) The applicant went to the Planning Board,
which had additional concerns. Dick will be'meeting'with Triangle Engineering
and the applicants and Planning; the commission still needs a signed, stamped
plan.'
lan.;The applicant has granted the commission permission to go beyond the 21-
day time frame. 'Enforcement Order for cleanup (upended Subaru) in area near
MOTION. To "issue'an'Enforcement Order against Tow McDonald to r'e*ove '
upended Vehicle and other ndx:ivus substancss (batteries,
containers, etc.) 'from edge of wetlands within 30 days of the
receipt of" 'the Order.
(Owens - ;auldwell;,all in faror) VOTED
[Comm. Rhoads left the meeting, 11:05.7 -
SE211 -333 Clot 2 " Kingman Ave.)
MOTION.— Td issue'as writtEn with the. additions discussed.
(Cauldwell,- Owens; all in favor) VOTED`
The meeting.idj6Lirned at 11-115.
Approved by: Date to town clerk:
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