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HomeMy WebLinkAboutConservation Minutes 7/23/1990MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, Jane -4 -1, 1990 -- PAGE 1 1 Members Present: Chairman Powers, Commissioners Cauldwell, O'Neill,, pwgn , Rhoads, Poholek, Smith (after 7:50) ;t_v -< MINUTES: MOTION: To accent minutes of 7 -9 as written. (Cauldwell - Owens; all in favor) ,. �1UTED MOTION: To accent minutes of 7 -9 as written with corrections. (O'Neill - Poholek; all in favorf Owens abstaining) VOTED Corrections: Item N'6: Letter writer is Ken Carlson; correct Ouellette /Powers; CORRESPONDENCE --O'Brien and Meeks requested release of "bond" money for lot 91 Forest Park. All in favor of releasing money contingent on final inspection by Dick. -- Request for Certificate of Compliance from East Coast Development, lot 113, 43 South Park Lane, Forest Park. MOTION: To release pending final inspection by Dick. (Owens - O'Neill; all in favor) VOTED -Copy of ENF for Merckens Chocolate; discussion of question regarding additives to non - contact cooling water such as rust inhibitors, algicides, or deodorants; Dick proposed sending comments to MEPA office. MOTION: To send comments. (O'Neill - Rhoads; all in favor) [Comm. Smith arrived, 7 :50.3 VOTED -- Letter from Paul Folkman and Aldo Paglia regarding Austin Farms and dates for commencement and completion of replication work on lots 18 and 33. MOTION: To send letter requesting that status report on work be submitted by 9- 10 -90; if report is not submitted or work has not begun by that date,, the commission will discuss at the 9 -JO -90 meeting pulling of the bond money. (Rhoads"- O'Neill; all in favor+ Owens abstaining) VOTED JANICE MESZO.ELY /NATURAL RESOURCE TRUST i Lynn White discussed the recently formed 3 -town subcommittee (Norton, \ Easton, Mansfield) which will work with the Canoe River Aquifer Advisory Committee on contacting landowners regarding preservation of Canoe River watershed lands through conservation restrictions, gifts, or purchases. This group co- sponsored the spring conference at Wheaton College on Land Preservation, and it wants to coordinate work and activities with local communities and individual Conservation Commissions. The following items were suggested /discussed: -- follow tip conference by contacting individual land owners; -- publish summary of conference highlights; -- further educate homeowners and youth -- for example, through expansion.of Easton's active Environmental Education program; -- protect recharge area especially through strengthened zoning by -laws; -- determine how proposed River Protection Act would impact Canoe River property; 1 --continue expansion of green belts along river; -- determine how to maintain areas following purchase or restriction; volunteer groups could prove helpful. The committee and the commission agreed to keep communications open and work together. MANSFIELD COHSERVATION% COMMISSION. MINUTES MONDAY, '1990 -- PAGE'2 9,C4,&j .23 WETLANDS`.PROTECTION.,A,CT HEARING - SE211 -335: Tom McDonald- -945 East St. -- Remove 3 underground oil; tanks-; construct dike containing 20,000 gal. oil tank The applicant was present,'with 'representatives JohnMayer and Michael DeIRo .ssiIof Triangle,E�gineering.`- Abutters'will`be notified prior to the continuation hearing. The' project- involves removal'of` three underground; tanks do; 0'6o; 10,000; and 81000 'gallons);' and': construction;of a concrete containment dike`around'an above - ground 20,000 _gallon tank. The - applicant :proposes.to use existing 20K tank as the above- grOUnd tank; this tank is 8 -9 years old. The commission raised the question of possibly moving the proposed tank;and building farther awayl from the wetland' A memo to Dick from Lt. Joe Sarro of the Fire Dept. was read; this was the first time ='the applicant had seen;;or'heard:about:;this memo,, which raised -the issue of a 21E study being conducted, prior to the,tissuance of any other permits. t The memo spawned a general discussion of regulations, regarding the removal of the`�underground tanks. Dick Suggested that %therapplicant and, his, representatives review all relevant issues with Lt. Sarro. "'Questions were raised-by the commission and its agent as to,the need, to..; pave. and /or dike around '•the "area where trucks will :be:loading:and unloading., One approach might be.to have a sloped paved area with a catch;basin,having a minimum (300 gallon) holding capacity. Further discussiow of potential for rainwater with diked containment area; potential for requiring more than 110% -- containment or roofing the diked area was discussed.'. MOTIONS To continue the hearing- to 8 -Y3 -90 at 8:00 with site walk at 7:30 a m` o» 7 20- applicant Nil] notify: abutters, correct.'the top "< sheef and address 'all, points :raised. lO�Nei11 ,Quens�,a1l favor) VOTED ";ln WETLANDS PROTECTION ACT HEARING SE211 334. Hope'.St. Mansfield.Realty Trust-- - { Keefe St , Lot'1 - Proposed dwellings, 'grading; driveway, utilities within 100 ft of wetlands , : Applicants Don`Baker. and Ted Mahoney were present, Ralph Maloon of RIM Engneering' described the`pro�ect, which includes;construetion. and grading for a ; duplex; with dry well'incIU ed.".The plan'shows wetland line and, hay lbales., >7he area was flagged in. 87 -88 by John_,Parmentier.of.Dunn Engineering'.and by, Karl • Drawn.•' -Comm. O?N'ill asked' that, flags be in.therfieldtfor;;the'site visit.- Comm., Rhoads indicates that_:he is professionally reviewing; for- 'another ' community,; put forward by one of.the applicants,' and feels it best to withdraw'from this hearing and the-hearing to follow.] The applicant proposes to install gutters and bluestone driveway; he asked for:: the option; to, use, silt fence instead of hay bales. The commission indicated this was okay as long as the fence was properly installed. Attorney Donald- MacManus,rrepresenting a group of abutters, raised concerns about the accuracy of the wetland delineation. He indicated his belief that Karl Drown checked on two flag, stations with his detailed 30 -foot radius-review. �- He contended that; the area', in, question has historically been used. by, local children for ice skating; the area is, ,according. to abutters, ,wet: He :asked for an independent: "review of. the wetland line, citing . local'by -law allowing this and stating that if the commission feels it could not require the applicant ,to pay.` MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, J�a,t�n,fe -13 -, 1990 -- PAGE 3 `O z3 ( for a new review, the abutters would be willing to foot the bill. Various abutters and residents raised the following concerns: - -John Gilbert, Kingman Avenue, expressed worry that the applicant is building on a total acreage parcel by parcel. - -Ed Sliney, Charles St., worried about water in basement; again asked for an independent review of the wetland line; the amount of ledge on Charles St. is well - documented, and this has impact on where water goes. -- Helena Havey, Hope St., is concerned with water in her cellar. -- Richard Blandori, Pratt St., wanted to emphasize flooding problem with Back Bay Brook and stress problem with ledge on Charles St. -James Paulson, Charles St., also has water in basement; stated that due to lack of rain the area may not look wet to the commission on a site walk, but water does collect near his back yard. - -Nelia Philips, Hope St., stated that the Back Bay Brook has flooding problems. In response to comments by abutters, Ted Mahoney expressed concern about allegations that the wetland line shown was not accurate and that the line had been changed over the years. Don Baker stated that all they (the applicants) were doing was to replace a structure that was removed years ago. MOTION: To continue the hearing to 8 -13 -90 at 8:30 with site walk at 8:15 a,ne on 7- 28 -90, (Oyneill - Caaldwell; all in favor) VOTED ( WETLANDS PROTECTION ACT HEARING - SE211 -333: Hope St. Mansfield Realty Trust- - 'Kingman Ave., Lot 2 -- Proposed dwellings, grading, driveway, utilities within 100 ft. of wetlands [As noted in the minutes for the previous hearing, Comm. Rhoads is withdrawing from this hearing.] Applicants Ted Mahoney and Don Baker, and Ralph Maloon of Rim Engineering were present. The project involves construction and grading for a duplex, stone dust driveway, dry well for roof gutters. .;The - question was raised by the commission as'to the ability to review wetland line on 'property not owned by the applicant. The applicant will try to get permission from the owner. Attorney Donald MacManus, representing a group of abutters, said he reiterates his belief, expressed during the previous hearing, that an independent review of the wetland line should be done; he also stated that he never said or meant to imply that anything improper was done by the commission or DEP relative to reviewing the wetland line, nor did he state that Gary Makuch of DEP did not conduct an independent review. The following abutters and residents made these comments: -- Richard Blandori, Pratt St., reminded commission of ledge in the area. - -Adam Spilewski, Thompson St., said he has a water problem in his basement and mast pump every spring and fall. I - - -Ed Sliney, Charles St., asked for and received an explanation about the process of flagging wetland. -- Huges, 107 Charles St. - water in basement, noted that this is more relevant to the Keefe St. hearing. Applicant Baker is concerned that the wetland flagging may "disappear ". MANSFIELD CONSERVATION COMMISSION - MINUTES MONDAY, Stn '1990 `PAGE "4 MOTION: To continue to'8 -13 -90 at 9:151p,)r1- with''site walk on 7 -28 at.8 :45 a.m. with back -up date for walk on August 4 if necessary. (OJNeill-- +L'aUldwell;'al1 in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION: Peter DeGirolamolbismark Realty Trust- -East St. ' The applicant requests'a further continuation .since- . the NOI was mistakenly never "sent to, the regional 'DEP 'office [Comm. Rhoads, returns. ] ,r. •• MOTIONS To continue to 9 :45'on 8= 13 -90. ev Neill• - Poholek; all'in favor, Swith,' Rhoads abst.) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 332:: Conlon ' Mr. Fred Conlon, the applicants was present'with his'representative,,Ralph Meloon -6f RIM Engineering, who'!described a project ;which involves wetland replication installation of a gazebo with landscaping. The,area.proposed, for replication'was. discussed; it''was -felt by all parties that less disturbance to abutting, wetlands would occur if the area proposed were utilized instead of!' digging out the filled area. . =The commission-expressed conEern' about working so close to the Shell oil line; guidelines' should be checked and the project conditioned by!.consent, from'. - She 11." t r i!_, A Removal of•rocks and trees from the back channel:willsbe' done by hand:. .: MOTION: To close ttie? hearing.` (OfHeill .- Rhoads; all in favor) VOTED ORDEk OF CONDITIONS e SE211- 331 (Landfill capping), MOTIDi1 To approve''as written and aa�Ended (Rhoads - 'A'Nei11; a1I in "favor) 1,VOTED AMENDED ORDERS FOR SHANNON LANE:_ SE211 -124 MDTIDNsV,To approve a ;;,a »tended ( ` (RjNaill -- Cauldwell; all in favor] VOTED CORRESPONDENCE CCONT.') Wetland replication update on Riverwood MDTIDN:t 'To accapt'as'submitted with the condition that planting be 4 .r done _after September 1j"11990 C•auldwell; all in favor) VOTED Letter- from` -Robert .Morrison 're Rt.' 106 project (SE211- 148);'[Chairioan Powers withdraws from this "discission; Comm. OfHeill given gavel and chair.] 'Discussion`resulted.in agreement -that site: walk is-necessary, and `was set for' 6:45 pA on Aug.' 13,r<1990,. The applicant.'will be notified: (Gavel and ' chair -returned to Chairman Powers.] -- Potential stump dump.on Conrad Court; Comm:;_Cauldwell and Dick will check it out. Correspondence included a :copy.of:'letter -from Shaun Burke re'Tason_Lane. MOTION:+ To: work:(within,,two weeks) on,getting an,answer regarding the _ status of the )honey being held in a: passbook.' account for> completing conservation related, issues, >or`to. ref er to, Town Counsel if no answer -is forthcoming, (Rhoads - Owens; all in favor) .. VOTED The meeting adjourned at 11:50 p.m. Approved by: Date'to town clerk: /pf