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
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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
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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.
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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:
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