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HomeMy WebLinkAboutConservation Minutes 2/12/1990MONDAY, FEBRUARY 12, 1990 -- PAGE 1 Members Present: Chairman Powers, Commissioners Cauldwelly O!"ill, Owens, Poholek [1 The meeting was called to order at 7:30 p.m. Jl r[,{ '� i {' E TO_WN.MEETING ARTICLES Dick presented two articles intended to "clean up"`.sc�mh;ppssitile-Sopholes in our Conservation Commission Rules and Regulations sc�ctl�n of the own bylaws. He will contact Town Counsel for his opinion. MOTION: To support sponsoring two articles as presented. W Heill - Owens; all in favor) VOTED MINUTES MOTION: CORRESPONDENCE To accept the minutes of i -29 -90 as corrected. (Owens - Cauldwell; all in favor} vNeill abstaining) VOTED Request from. the Div. of Conservation Services for additional information regarding Opn Space Plan. Information Guideline memo from Dept. of Revenue regarding use of wetland filing fees. All monies must go into special account to be used in administration of WPA. Town meeting must vote to give Conservation Commission the money. MOTION: To send letter to MACC asking for guidance on this issue (sawple articles, etc). WWII -- Owens; all in favor) VOTED Announcement of 10 -week seminar on land use planning etc. at Lincoln Filene ter sletter e ui NO = 'SE211 -321 ots r t. raton ft. of Commissioners walked the side on 2 -3 -90. Questions to be answered: who did wetlands delineation,'and when; line is questionable. Plans show no ,filling in area of septic system, but crass - section of design suggest filling may be necessary. Check 100 -year flood elevation - comment from DEP; this comment was ;in error, they didn't notice the flood map enclosed with the NOI. Certified :abutters have been notified, and proof has been furnished. Green cards have not been returned from Madone and Holt. Hutchins - Trowbridge flagged wetlands in September of 1989. ERC was been asked to walk the site to verify wetlands line. The area behind the house ��where the horse corrall used to be was the only area in which the wetland line deviated from that originally flagged. Mr. Trowbridge proposed a change which would pull grading back from wetlands by about 20 -25 feet. Dry wells are shown on plan. The commission felt that one area of discrepancy still remained. .Mr. Trowbridge is willing to change plan and hay bale line accordingly; Dick felt r MONDAY, FEBRUARY 12, 1990 -- PAGE 2 thatthe area in question is perhaps seven feet off. Grading is being shown over the distribution boss, but Mr. Trowbridge stated that there will be no grading over the trenches. Nancy Udall, 95 Old Elm St., expressed concerns about the - leach field /perc test results and was advised that her concerns were about subjects -not under the Commission's jurisdiction. Robert Pacquin, G85 School St., asked the house is going. One house is proposed for the for a plan showing where three acres site. -Field walk 2 -17 -90 at 7:30 a.m. MOTION: To continue the hearing on 2 -26 at 9:30. (OfNeill - Caaldwsll; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -322 Sohn G. Crowe Assoc., for Nissan Motor Corp. - -Site preparation for future warehouse addition - -111 Plymouth Street John Crowe Associates responded by letter to the concerns raised on the -.commission's site walk; they were also present at this continuation. Comm. Cauldwell and Dick walked the site after that. Comm. Cauidwell is satisfied that the quarter acre foot criterion is not met; stream bed should have been noted on plan. Abutter notification requirement has been met. MOTION: To close the hearing. (O'Neill - CaaldweIl; all in favor) VOTED SITE WALKS: Sites for RDA's scheduled for 2 -26 will be walked on 2- 17 -90. REQUEST FOR DETERMINATION OF APPLICABILITY: iO Jerry Kline - -45 Windchime�Dr. -- Removal f, relocation of excess soil within / } 100 feet of wetlands resource area l Mr. Kline's• property is on a corner:''He -had a garage built,'and a trench had4to be dug in ..doing so. The excess soil was just pushed off to the side, where the driveway is now. An estimated,40 yards of soil was dumped. Mr. Kline` is:seeI king n`g' permission to'leave the dirt there, but will remove dirt from around trees so whey' don't die. 'Some of the fill: -is within'the 100 ft. buffer zone. P MOTION:, -T A- Issue a--keg , 3 deterr�inat :w7 (V rill - 'Oeiens' all J* 11 VOTED REQUEST FOR`DETERMIMATION OF,APPLICABILITY: Sanford Ecological Services (for Amtrak) -- Spraying of herbicid s along railroad right of way„ Richard Albano, of SCS, represented Amtrak; he distributed copies of Rights -of Way Management, under which the vegetation management plan is proposed to proceed. Sensitive areas have been spray painted (both no -spray and limited "spray). (Limited spray area is where resource area is within 110 feet of the center line of track.; no -spray area is where resource area is at or less than 20 feet from center line of the track). The applicant requested determination of the accuracy of no -spray and limited spray delineations. Approximately 6.5 miles of track are involved. A high rail vehicle will be available for use of ;'the commission. Some areas have changed since the 1988 filing. After the YOP `has been approved by the state, no -spray and limited spray areas will be -- permanently marked. 21 -day advance notice of spraying will be necessary. Comm. O'Neill asked about drainage areas. Mr. Albano feels that the site inspection will allow these questions to be raised. MONDAY, FEBRUARY 12, 1990 -- PAGE 3 he applicant has verbally granted permission to go beyond the 21 -day limit, in order to best schedule the site walk; a written extension will be submitted. MOTION. To continue the hearing to 3 -12 -90 at 8:38. (C•'auldwell - Owens; all in favor) VOTED BONDING MECHANISM FOR AUSTIN FARMS - MR. BONVIE [Comm. Owens left the meeting during the discussion of Austin Farms.] One of the conditions for extension of Austin Farms, a bond in the amount of $25,000, has not been met; a letter was sent by the Commission. Mr. Bonvie sent response dated 2 -6 -90 requesting time on the agenda. Mr. Bonvie has been unable to come up with the bond amount as yet. He proposed options such as turning over a mortgage for a lot over to the commission, for example, or using a mortgage to secure a $25,000 passbook. The Conservation Commission opted for the latter suggestion. Mr. Folkman requested 30 days to cover the administrative time required by the bank. MOTION. That the applicant be given until 3 -12-98 to post a X25,880 passbook account to insure the replication. (O'Neill - C.auldwell; all in favor) VOTED CComm: Owens, not present during the previous meeting and vote, returned.] .JASON LANE SE211 -159 -'A reasonab . le construction schedule has been supplied by Reservoir Development. The commission received copies of letters to owners of lots in question outlining situation and requesting approval to perform work. - Releases t: :have 'been requested on lots,4, 6, and B. Mr. McKenna (owner of lot 2, Jason Lane) expressed by 'letter dissatisfaction with the unclear title on his property due . to the brder,of.Conditions. Consensus is that lot 4 will be held in r' ' reserve „Mr.: Riccio's'request for release of lots and 9 is also outstanding. Riprap is needed at -the .detention outlet, area under outlet pipe needs to be reinforced, there ,remains a_question as to whether the outlet pipe is at.proper grade, southierly side -o f, detention area has the potential to breach. It is t '= up ome capacity of ,the detention area..: No velocity or siltation - controls at otitlet'af detention :basin `or on .lot 4.-' . "No `DEP file number sign. MQTIONz` To waive the requirement for the berm on lot 2. ' (Caeldwell - Owens; all -in favor, O'Nef11 abstaining) VOTED MOTION; To send appropriate field walk results as amended at the weeting, with cover letter, to the applicant and to RIM Engineering. (Cauldwell - Owens; all in favor) VOTED MOTION: -To send reply to Shawn McKenna stating the vote of the commission not to require a berth on lot 2. CCauldwell - O'Neill; all in favor? VOTED MOTION:. To accept the construction sequence submitted by the applicant and with the addition of the field walk addenda. (Cauldwell - Owens; all in favor) VOTED MOTION: To deny the request for release of lots 4, d, R 8 because complete information has not been submitted as requested. (O'Ne.ill - Owens; C.auldwell, Owens, O'Neill in favor; Powers against) VOTED V MONDAY, FEBRUARY 12, 1990 -- PAGE 4 REQ6`E6T.FOR RELEASE OF LOT 12, ANGELINA LANE (SE211 -i34) ,Dick Lewis informed Mr. Lenahan that the commission would be discussing Mr. Copley's request at tonight's meeting; Mr. Lenahan had no new information to offer and was not present. Dick read a draft proposing that Pasco Construction be sent a letter stating that the Copley's lot will be the one lot released, given that Pasco has not complied. MOTION: To release lot 12 as the only lot to be released, per the Extension order. COwens - Cauldwell; all in favor, Poholek abstaining) VOTED RULES AND REGULATIONS FOR CONSERVATION LANDS Doug `& Meg Roberson notified Dick regarding abuse of hunting on Sweet property. Such incidents should be reported to game warden with cc to writer of letter. ''Meet on 3 -5 -90 for purpose of discussing rules and regulations. Notify Mr. "Holske of 3 -5 meeting, but request that he specify what he wants to talk 'about so as to set a time on the agenda. SE211 -180.: Keith Devt. has purchased 50 percent of Bristol Arms. Looking to clear title and resolve bank issues. '.SE211 -180 - stream cleaning, work around detention area. 70rder has expired..' MOTION. To issue a Certificate stating that work has never began (0). dauldwell '- Owens; all in favor) - VOTED MOTION. To 'send .letter to Keith requesting that stream be cleaned up, working aith,Dick, etc. (Cauldwell - Owens; all in favor) VOTED } 1