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HomeMy WebLinkAboutConservation Minutes 11/13/1989MONDAY, NOVEMBER 13, 1989 -- PAGE 1 Members Present: Chairman Ouellette, Commissioners Cauldwell,`O ;Nell Poholek, Rhoads, Smith, Owens , The meeting was called to order at 7:30 p.m. d si��nl�fc?( nir�= , FE83 1 ,,1990 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -287 42 Fredric Lane, lot 18, Austin Farms [The Folkman Co. will ask for a continuation for this project. Mr. Folkman will use this time period to discuss a partial Certificate of Compliance for lot 22, Austin Farms, from SE211 -144.3 MOTION: To continue the hearing for SE211 -287 to 11 -27 -82 at 8:30 I+.m, (Cauldwell - O'Neill; all in favor) VOTED SE211 -144 - Lot 22, Austin Farms, Request for Certificate of Compliance Mr. Folkman indicated to the commission that the bank will not close on this property without a release from SE211 -144 as well as from SE211 -289. Comm. O'Neill pointed out that financial hardship is not to be considered when administering the Wetlands Protection Act. Mr. Bonvie offered, at Comm. Cauldwell's suggestion, to post a $2000 bond to guarantee the work. Chairman Ouellette suggested to the commission that it determine a threshhold of releases for this subdivision, in Mr. Bonvie's and Mr. Folkman's presence, so that it is clearly understood whether further releases will be granted. The decision was postponed until after the hearing on Conrod Court. [Comm. Owens arrived after the discussion on SE211- 144.3 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -319 Lots 4, 5, 6 Conrad Court, Brookdale Corp. The hearing was continued for the purposes of a site walk. Chairman Ouellette noticed debris on lot 5 and was looking for assurance that the area would be cleaned up. Comm. Rhoads expressed the commission's appreciation for environmental sensitivity in the subdivision. MOTION. To close the hearing. (Rhoads - O'Hei11; all in favor) VOTED POLICY DISCUSSION RE RELEASE OF LOTS WHEN DEVELOPER HAS NOT COMPLETED SUBDIVISION WORK AND BUILDER HAS COMPLETED HOUSE ON LOT. The commissioners agreed that the responsibility ultimately rests with the holder of the original order. Comm. Rhoads asked the board to consider what the impact of the commission's actions are on the nine interests of the Act. Comm. .Owens feels that particularly with some of the older subdivisions in town, it would be worthwhile to think about setting a percentage, taking into consideration what percentage of the work has been done and which lots have already been released. Comm. Rhoads has seen the projects in which an applicant submits to a commission a schedule of partial releases keyed to completion of particular tasks. The purchaser of lots would then see in black and white what conditions of release would be. Comm. Owens suggested establishing a policy which would,clarify the potential purchaser's. responsibilities vis -a -vis the Order of Conditions. This discussion was postponed until after the hearing for SE211 -320. WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -320 Proposed Mansfield School Complex: A letter from E. J. Flynn dated 11 -9 -89 responded to points raised by Comm. Rhoads. Three.sewer manholes have been dropped. Comm. Rhoads is satisfied. No additional questions. MONhAY, NOVEMBER 13, 1989 -- PAGE 2 NOTION: To close the hearing. (Rhoads - Cauldwell; all in favor) VOTED ORDER OF CONDITIONS - SE211 -320 Include in finding 02, "and the replication plan which contains the bank. replication..." MOTION: To issue the orders for SE211 -320 as written and modified. (Rhoads - Owens; all in favor) VOTED POLICY DISCUSSION RE RELEASE OF LOTS WHEN DEVELOPER HAS NOT COMPLETED SUBDIVISION AND BUILDER HAS COMPLETED HOUSE ON LOT - continuation MOTION: That as an extension request comes up, a release schedule be made part of an amended Order as a condition of granting the extension permit. Dick could give the commission a run-down on which lots have already been released, the current status of the work, etc. Each subdivision would be individually evaluated, (Rhoads - Cauldwell; all in„ favor) VOTED TIFDAN DEVT. - CERTIFICATES OF COMPLIANCE, Lots 15 & 16, Capt. John Williams Mr. Benoit stated that he would sod lot 16 on 11- 15 -89. The replication area has been done, acccording to Mr. Benoit. Mr. Trowbridge was not available to give Mr. Benoit the plan. The soil on lot 15 will have to be scarified and grass re- seeded, because the grass is thin. Mr Benoit will be happy to post a bond for 8500 for this work. Comm. Rhoads would like to see an as -built plan from an engineer on lot 16, regarding the compensation area. MOTION; To issue a Certificate of Compliance for SE211 -301 based on the posting of a 01200 bond to cover necessary additional seeding for lot 15. (Rhoads - Owens, all in favor) VOTED Dick suggested that the commission take a 85000 bond (in three certified checks, amounts of each to be worked out with Chairman Ouellette, Dick Lewis, and Mr. Benoit), tied to three threshholds such as a spring date by which lot 15 must be seeded and an as -built for lot 17 (81000 release), six -month and one -year inspections (82000 release), lot 16 sodding (82000 release) before issuing a Certificate of Compliance for lot 16. MOTION: To release lot 16, accepting the agent's suggestion as stated above, CRhoads - Smith; all in favor, Cauldwell abstaining) VOTED Mike Lanchanski - Certificate for Jason Lane - SE211 -159 Mr. Lanchanski presented an irrevocable, 5 -month letter of credit in the amount of 87000 (Milford Savings Bank) to cover work which is best done next spring (detention area to be completed). Mr. Lanchanski is requesting release of lots 2, 3, 4, 5, 6, 7, and 8 Elot 8 verbally requested] (there are nine lots total, one of which is an existing lot). (Closings have taken place for lots 2, 9, and 7; someone is living on lot 5). Comm. Rhoads would like the applicant to consult with Dick to develop a phased schedule of completion for lot releases. The order of conditions specified a berm in the rear of certain lots for drainage purposes; a plan was to have been submitted prior to the construction. As- builts showing grading lines have not been submitted, so the commission has no proof that this special condition has been met. MOTION: To deny.th'e request for Certificates of Compliance for SE211 -1S9 for lots 2, 3, 4, S, o, R 7 because: 1.) the berm specified by the MANSFIELD CONSERVATION COMMISSION MINUTES r- :-- .!'ununrI l9w`i num rav 1207 - -.: _THUL' J-- Order of Conditions has not been documented, 2) the incomplete nature of the detention area, and 3) the documentation of the location of the septic systems. (O'Neill - Owens; all in favor, Smith abstaining) VOTED Mr. Lanchanski requested that the Board release lot 8. Three lots have already been sold; releasing lot 8 mean that approximately 50% are outside of commission control. MOTION: To release lot 8 based on the fact that it is well removed from the wetland area and that additional lots remain, and conditional upon Dick Lewis' inspection. (Rhoads - Cauldwell; Rhoads - aye; O'Neill, Cauldwell, Owens, Ouellette, Poholek -no; Smith abstaining) VOTED Dick will send letter to the applicant explaining the Board's requirements. Comm. Rhoads indicated to the applicant that he must demonstrate how he has complied with the Order of Conditions. PARTIAL CERTIFICATE, LOT 9, Forest Park, 5E211 -305 (O'Brien and Meeks) Dick has indicated to the applicant that an estimate for the remaining work must be made in order to post a correct bond amount; Dick has made the judgment that 81200 would more than cover the cost. MOTION: To accept the $1200 bond and partially release SE211 -305, lot 9. (00vill - Rhoads; all in favor) VOTED PARTIAL CERTIFICATE, SE211 -270, Conrad Acres MOTION: To partially release SE211 -270, lot 10, (Rhoads - Cauldwell; all in favor) VOTED PARTIAL CERTIFICATE, LOT 14, Green Acres, SE211 -131 No motion was made regarding this request. U rApt OLc;ei'_� le(i fig ( :UKCt.SS16'4 l �i;?Sfi':Ll Vrl i't % {Lty J PARTIAL CERTIFICATE, LOT 22, Austin Farms, SE211 -144 Dick Lewis has been in communication with Bonwood re the lack of replication work; the Folkman Co., in the course of these communications, indicated a willingness to modify the replication plans, which it had no obligation to do. This process may have slowed the replication plan down. Mr. Bonvie stated that Monday or Tuesday, shots were taken; a meeting with Sanford had suggested this. Last week, peat has been put in. Hopefully by Saturday, plants will be in and outfalls will be taken care of. Comm. Rhoads asked whether any damage will be done to the environment by not releasing lot 22. Dick raised the point that a bond will be in order one way or the other, when the extension permit is issued. MOTION: To issue a partial Certificate for S£211 -144 for lot 22. (Rhoads - C'auldwell; all in favor) VOTEL Folkman Company - Discussion on Request for Approval of Modifications and Extension for Westhaver.Farm5 (SE211 -143) Flans have been modified to reflect the box culvert installed in Winter Street; drainage talcs have been re -done; water main easement moved; from conservation point of view the plans have been improved. Comm. Rhoads requested that the applicant submit a breakdown of work vs. releases, in keeping with the commission's new policy of tying a schedule of releases to individual work items. MANSFIELD CONSERVATION COMMISSION MINUTES MOTION: To issue a three -year amended order, based on the above changes. (Rhoads - L'auldwell; all in favor) VOTED Dick presented a prospective budget for FY 191. Chairman Ouellette asked Dick to draft some thoughts on capital improvement and land acquisition for the next meeting. Dick issued a verbal Cease and Desist to Mr. Benoit for lot 99, Forest Park. Mr. Benoit has filed a Request for Determination of Applicability. REQUEST FOR EXTENSION, SE211 -181 - MANSFIELD CORPORATE CENTER MOTION: To issue a one -year extension O'Neill - Poholek; all in favor, Smith abstaining) VOTED The meeting adjourned at 11:34. Approved by: �1iC�MQt��'v•jwtGllAlinQhlDate to town clerk: /pf i