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Home My WebLink AboutConservation Minutes 11/27/1989MONDAY, MLY°1O, 1989 -- PAGE 1 Members Present: Chairman Ouellette, Commissioners Cauldwel Poholek, Rhoads The meeting was called to order at 7:30 p.m. FFB I Im WN WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -309 - Kelli Green NOTION: To continue, at the request of the applicant, to 1 -37 -89 at 8:00, eo'Neill - Owens; all in favor? VOTED UPDATE ON AUSTIN FARMS REPLICATION A site walk took place on 11 -18. Thirty to forty percent of the replication area has been planted by Sanford. Haying, straw mulching, berms are in place. Chairman Ouellette reiterated the commission's consensus that the entire area, planted and unplanted, should be straw mulched after all possible planting has been done. The commission will be looking for monitoring of the cul -de -sac over the winter, to ensure that the berms remain in place, etc. Dick and Ron Bonvie will need to determine another replication area, and the people from Sanford will develop a plan using that area. End of the Down ( ?) cul -de- sac should have additional hay bales. The site is reasonably stabilized for winter. Comm. Rhoads suggested a one -year extension under the following conditions: monitoring and maintenance of temporary winter stabilization; submission of replication plan for lot 17 by 3 -1 -90; completion of replication planting by 5 -15 -90 (for lot 33 ); for lot 17 (July 15) with certification of areas; inspection report on replication planting by 11- 15 -90; 2nd inspection report on plantings by 5- 15 -91; passbook posting for replication of a figure yet to be determined with guarantee of construction easement. Dick feels that if the project isn't done by 11- 15 -90, there will be no further extensions. Comm. Cauldwell felt bonding for winter maintenance and access might be in order. Comm.'Rhoads felt that revocation of the extension would serve as the leverage. The figure Sanford estimated for the replication on lot 17 was about $7000 (not including excavation costs). Dick proposed $25,000 as a figure, to which Mr. Donvie assented. Dick commented that holding back Certificates is not the way to ensure that replication functions are served; not allowing further home - building in the subdivision until replication /drainage work is done works better.. MOTION: To extend with the above conditions. (Rhoads - O'Neill; all in favor, Owens abstaining) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -287 42 Fredric Lane, lot 18, Austin Farms The applicant has requested a 60 -day extension. MOTION, To continue to 1 -22 -90 at 9:00, (O'Neill - Poholeki all in favor, Owens abstaining) VOTER REQUEST FOR DETERMINATION OF APPLICABILITY - Tifdan Devt. - Rear of lot 99,, 54 York Road, Forest Park Mr. Benoit began construction on a house and was within the buffer zone; Dick asked him to file an RDA. Hay bales and siltation fence are in place. Large loam pile sitting in the buffer zone. Dick. feels the wetland line is accurate. There will be no additional clearing. The foundation'is ready to put in. Area will be sodded. Dick. recommended issuing a neg. 03, with the condition that the siltation controls be left in place until the area has been sodded. MOTION; To issue a neg. 0 with stipulation about siltation controls, (Rhoads - Cauldwell; all in favor) VOTER PIFINbt.1CL11. LUHZ2r 1 Y i 11L1 H LU17111bb1U1'1 171PIU I Lb _. { , JtlCTtVy 1]i1? -- IVL'V, sl`l LOT 16, CAPT. JOHN WILLIAMS ESTATES: Mr. Benoit submitted an as -built which had been requested as a pre - condition for release of lot iG and release of $1000 of the $5000 bond. MOTION: To accept the as -built and release all but 81000 of the $3000 bond. (Rhoads - Owens; all in favor) VOTED ORDER OF CONDITIONS - SE211 -319 (CONROD COURT) MOTION: To issue the Order for Conrod Court as prepared by Dick and as amended (finding re accuracy of plans stamped by Peg. sanitarian). (Rhoads - O'Neill; all in favor) VOTED Chairman Ouellette suggested that in the instances where a plan by a registered sanitarian is accepted, the commission's policy should be to include a finding that it agrees with the plan. Comm. O'Neill would rather address the issue on a case -by -case basis. Dick was directed to be mindful of this issue when drafting orders. a CONNIE PIETRAFETTA - UPDATE ON BRISTOL ARMS Malcom Post - developer /owner of the project at Erick Rd.; whole project is in litigation; Clean Water Act case has been won, WPA violation has not yet gone to court. Mr. Post has filed for bankruptcy and the project has gone up for auction. According to Chairman Ouellette, the property has not yet changed hands, because of the lack of clear title. The bank (Guaranty Trust) which now owns the project wishes to settle the matter so that it can be sold nd is petitioning for a wastewater treatment plant to be constructed on site, since the court decision mandted no occupancy without sewerage. Connie is concerned that the bank will petition to put a treatment plant on an area which is the only possible compensation area for the wpa violation involving the filling of a pond. She urged that the board remain mindful that the lost wetlands have yet to be replicated. At this point, there has been no filing for any treatment plant, and all orders of conditon have expired. Brian Smith also came before the commission to remind them that the blockage and collapse of the culverts under Erick Rd. makes the situation causes about 357 of his rear lawn to be flooded and no longer useable. AMENDED ORDER, WESTHAVER ESTATES (FRANKLIN /WINTER) - SE211 -143 MOTION; To approve the wording, of alllended orders as prepared by the Agent, (O'Neill - Rhoads; all in favor, Owens abstaining) VOTED CERTIFICATES OF COMPLIANCE: MOTION: To issue Certificate of Compliance for SE211 -207. (Rhoads - Cauldwell; all in favor, Ouellette not present); all in favor) VOTED MEETING SCHEDULE: Dec. 11 &-18; Jan. 8 & 22. JOINT MEETING WITH BOARD OF SELECTMEN ET AL. Comm. Rhoads suggested that Chaiman Ouellette request the Board of Selectmen's support for an annual appropriation for.land acquisition. Chairman Ouellette suggested a letter to the capital improvements committee, which she could take to the meeting. The consensus was that the commission should begin to locate appropriate parcels for acquisition: parcels in Great Woods /aquifer- sensitive areas /green belt are primary targets. ••••v rr�r �Vt•V.. •�v•.•iu uu•IYVVYVII II11lIJILJ MONDAY, JUL- Y- -10, 1989 -- PAGE 3 A O v. <1.7 MOTION. That such letter be drafted and sent. (O'Neill - Cauldwell; all in favor) VOTED CORRESPONDENCE: 1. Copy of letter from Brookdale Corp. to DEP re: Certificate of Compliance for Matthew Estates, SE211 -126. 2. Wetland Report from DEP. 3. Requests for Certificates of Compliance from: a. Ronald Duck - 10 Eastbrook Rd. - SE211 -261 b, Ronald Harrison - 12 Rustic Dr. - SE211 -207 4. Winter Wetland Workshop - Friday, Dec. 8, Stonehill College 5. Letter from Richard Griffin, Esq, re: release from order for lot 5, Jason Lane 6. Letter from New England Environmental, Inc. promoting wetland services 7. Letter from Chairman, Board of Selectmen re joint meeting between Board of Selectmen and ZBA, Conservation Commission, Board of Health, Planning Board, and Recreation. 8. Letter from William Lott, John Crow Assoc. re: Nissan site; they will be expanding and filing with the commission. The meeting adjourned at 11:10. Approved by: ��Q •t'OiA}Q313��1ncWUAl4nlDate to town clerk.: ypf