HomeMy WebLinkAboutConservation Minutes 8/13/1990MONDAY, August 13, 1990 -- PAGE 1
Members Present: Chairman Powers, Commissioners Caurawell, O'Neill; r,6holek,
Rhoads [after 10:001, Smith
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The meeting was called to order at 7:30 P.M.
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MINUTES: �`t� ui_; IQ
MOTION: To accept the winates of 7 -23 -90 as corrected,
(O'Neill - Cauldwell; all in favor) VOTED
ORDER OF CONDITIONS - SE21i -332:
MOTION: To issue the orders for SE211 -332 as written and aunended,
(O'Neill - cauldwell; all in favor) VOTED
CORRESPONDENCE:
-- Amtrak vegetation management program will run from 8 -28 to 9 -28
-- Seminar /workshop announcements (U. Mass. Amherst, etc.)
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -335:
Tom McDonald - -945 East St.-- Remove 3 underground oil tanks; construct dike
containing 20,000 gal. oil tank
Abutters have been notified. Dick read into the record a letter from Ero
MacDonald asking for sufficient buffer Craw of trees /shrubs to hide structure
from property). The applicant stated that the cover sheet has been changed and
changes were sent to DEP; Chairman Powers requested documentation of cover
sheets having been sent to DEP. John Mayer from Triangle Engineering answered
some of the issues raised at the previous hearing. Re: Spills from loading and
unloading'above- ground tank - asphalt paved area with bermed area, galley system
8'r. 6 'ft. with crushed stone. Paved area 20 x 50, everything will flow to catch
basin to oil /water separator to dry well. Six inch berm along north and west
sides of the pad to retain rain water and any small spills. The Conservation
Commission would prefer to have a manhole for access, as Mr. Mayer suggested
could be done. One hundred ten percent capacity meets federal regs.; the
applicant is staying with that, with a roof system to cover entire containment
area as well as 7 x 4 ft area enclosed for the pump. Pitch of roof completely
away from the asphalt pad. Ray Wilbur, president of TARACO Environmental
Services'. Excavation, the environmental company which precision tests the tanks
etc., was,also present. The proposal submitted is at the limit of what the
client, Mr. MacDonald (present) can offer. The applicant's representative
contacted Massachusetts Fire Marshall - any tank bigger than 10,000 in the
jurisdiction of local fire dept., which has been so notified. Dick: Does
existing 20,000 gal. meet current specs ?. If the tank passes the air test, it
will be acceptable to the Mansfield Fire Dept. Dick feels the commission should
stay in close contact as the project proceeds. [Comm. Smith arrived at this
point.] Entire project is in buffer :one. Dick asked for greater detail on
piping, pumping etc. Says grease trap on plan, means oil /water separator.
Comm. Cauldwell commended the applicant for undertaking this project. Roof
drainage could be put into a dry well or crushed stone area. As submitted, the
project will handle a 100 year storm and 228 cubic feet of additional oil.
Debris around site will be cleaned up. Stamped, revised plan requested; to be
sent to DEP also.
MOTION: To close hearing,
(O'Neill - Cauldwell; all in favor) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -334
Hope St. Mansfield Realty Trust- -Keefe St., Lot 1
Revised plans on the project were submitted by Michael Trowbridge,,
representing Mr. Don Baker and Mr.'. -Ted Mahoney, who were also present. The new
wetland lines which resulted from the site walk were indicated on new plan (the
old lines are also shown). Due to change in wetland line,_ the applicant reduced
the size of the house, moved parking area northerly, moved house back; same
)_- bluestone= driveway: and 'roof drains. The limit 'of construction is well out
of the wetland line; approximately 6 -inch swale..(grading, part of the yardi
Along northerly side of the house. In. response ' to , a.question. from Attorney
Donald MacManus (representing the abutters), the Commission noted that it '
agrees with the second (new) line shown. Mr. MacManus reiterated the abutters',
request that,the line >be. checked by a botanist,.since it appears that the line
wAs'Inever- determined by a professional botanist,,although Dick noted that
the Superseding Order issued by DEP on this property under a former filing
doesn't dispute the wetland bound. The distance between the old and new-:line
ranges from.15 to '40 feet, Mr. MacManus raised an additional point: by
dividing this lot, the applicant is cutting off, the rest of the upland on.his
,property from access. In such a case, ,DEP policy recommends including a special
'permanent condition to .prevent a future limited project filing.
Mr. Baker, and Mr.;Mahoney would be willing to have an .independent botanist,
paid ,for by the neighbors, 'provided that the abutters would put it in writing
that they would not appeal any decision based on the findings. Mr. Baker wants
to, ,go on record as having cooperated, and objecting to the:tdelaying tactic "of
hiving another botanist. -
,''.Mr. $ liney had questiI6s as to what the commission had flagged as, wetland
on the lot 'in question. Chairman Powers described the area in question as
marginal; and not In -the area under consideration in the present,: filing._;
Mr COlbert expressed his opinion that the applicant should have hired ,a ��
b ta nist to-redo the wetland line.
Dick Lewis - suggested to the commission that a, formal, response re an
j independent- review_:is necessary.,: Comm..Cauldwell,:thinks there „may be enough''
V question to,'warrant a review. Comm: Smith can't say'because he hasn't seen it.
Comm O'Neill agrees that a review is warranted, and the, bylaw was put'into
effect for ,cases like this. Comm. =Poholek has a, at of.faith iW _the. way the
` commission delineates its 1ines,'.but in a,case where there is sormuch
can troversy a nevi would _be preferable.,.. Dick concurs. :Chairman Powers feels
'..' hat tins bylaw was set- up'`as a;means_of arbitration between the commission and
the;applicaht when na agreement is_.possible. Several commissioners mentioned,
Aat the line could actually `'!shrink ",given another review in a different
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s�ason t
MOTION. ,To. require the applicant to hire an independent botanist.to review '
the`wetlandtlinsi according to section I C. #3 of the conservation
EL ction of the town bylaw.
CO�Neill Poholek ?,;:
Comm Smith and Comm. Cauldwell would like to take another look, because_
they are unclear, and would like that info before voting 'on the above motion.
MOTION : To table the motion above until the 9-27 , meeting .
(Cauldwell Smith; all in favor; O'Neill, Poholek abst.) VOTED
At the first field walk, the.applicant was,reluctant to have the abutters on the
site; as a' compromise? a representative for „the abutters was allowed to walk the
site. The same agreement will apply, when the site is walked again at 6:00 p.m.
on 8- 14-90.
MOTION: To continue the hearing to 9 -27 -90 at 9s15.
(Cauldwell - Poholek; all in favor) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION.- SE2,11-333-.
MONDAY, August 13, 1990 -- PAGE 3
Hope St. Mansfield Realty Trust -- Kingman Ave., Lot 2-- Proposed dwellings,
grading, driveway, utilities within 100 ft. of wetlands
No changes to plan on this lot, according to Mr. Trowbridge. The
commission agreed that proposed work was well outside of the wetlands.
MOTION: To close the hearing.
(Cauldwell - Smith; all in favor) VOTED
[Comm. Rhoads arrived, 10:16 p.m]
WETLANDS PROTECTION ACT HEARING CONTINUATION:
Peter DeGirolamo /Bismark Realty Trust- -East St.
DEP has not yet received the locus maps. Mr. DeGirolamo, who was present at the
meeting, has not yet sent the locus maps as requested by DEP, and therefore no
file number has been issued. According to Mr. DeGirolamo, the work mandated
by the Enforcement Order is essentially done. Comm. Rhoads asked whether DEP
took a sample from the site; they did not. CWB from Canton did testing for Mr.
DeGirolamo, to determine the oil content; the results have not been received.
The Board of Health and other interested parties put together a number of
conditions, to be agreed upon by DEP, but Mr. DeGirolamo has not heard from DEP.
Comm. Rhoads suggested that Dick get in touch with DEP, so as to get guidance
regarding the writing of the orders.
MOTION: To continue the hearing to 7:58 p.m, on 8- 27 -98,
(O'Neill - C'auldwell; all in favor, Smith abstaining) VOTED
CERTIFICATES OF COMPLIANCE
SE211 -266: Lot 23, Sandy Hill Estates. House is 145 feet from the edge of
wetlands.
MOTION: To issue a partial Certificate from SE211-266,
(Rhoads - C.auldweIl; all in favor) ` _ VOTED
SE21i -266, SE211 -318: Lot 10, Sandy Hill Estates.
MOTION: To issue a partial Certificate for lot 18 frost SE211 -166.
(Cauldwell - D'Neill; all in favor) VOTED
Should remind the applicant to work with the commission or its agent
regarding \tree clearing, as per the original order. Dick will send letter.
MOTION: To issue a full release from SE211 -318.
(O'Neill - Smith; all in favor) ` VOTED
SE211 -266, SE211 -308: 185 Mill St., Sandy Hill
Not quite done. Flood compensation area has been completed. Two remaining
items: loaming and dry wells.
MOTION: To issue the certificate (for SE211-388), contingent upon the
agent's verification of completion of items; to release partially
fro??r SE2i1-266.
(Rhoads - Cauldwell; all in favor) VOTED
MOTION: To notify the developer that no further lots will be released
until the area around the drainage manhole ,lust to the north of
185 Mill St. is properly stabilized.
(O'Neill - Rhoads; all in favor) VOTED
AUSTIN FARMS UPDATE - SE211 -144:
Bonwood Company began doing additional work in Austin Farms; Mainline
Construction will be on the job until work is complete. Replication plan for
lot 18 was presented by Dick. Continuation for SE211 -287 Clot 18) will be
MONDAY, Augitstl 13, 1990' - -` PAGE'4
coming up at the next meeting., Bite walk before the next meeting: 8 -16 -90 at
6:30.
MOTrok.- accept the "plan-dated 7 =13 -90
per the extension to SE211 -144.
,Tv
fGauldoell - Poholek; all in favor } VOTED
ACEC DESIGNATION - UPDATE
Dick presented a draft nomination request
by the Canoe River Aquifer
Advisory Committee to designate the Canoe River
area as an Area of Critical
Environmental Concern. He asked for Commission. comments.
JASON. LANE UPDATE
Jason Lane - Conservation Commission info
will be presented to`legal dept.
,
of FDIC organization.
The meeting, adjourned at 11:30., _
Approved byp
Date to town clerk:'
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