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HomeMy WebLinkAboutConservation Minutes 7/10/1989MANSFIELD CONSERVATION COMMISSION MINUTES NOV 2 Q 1989 ;I MONDAY, JULY 10, 1989 -- PAGE 1 f� .z ?a Members Present: Chairman Ouellette, Commissioners CaUldwbll'- :0'Ngill Owens,';. Poholek, Rhoads The meeting was called to order at 7:05 p.m. Discussion re: Telephone Co. work near Sweet's Pond Mr. Ken Carlson, a representative of N. E. Telephone's engineering crew, informed the commission about work going on (in the Otis Street area near the Sweet's Pond crossing) to provide capacity for growth by installation of glass fiber. The part of the project under Commission jurisdiction will take no more than a half day. The commission requested that the contract work inspector stay in touch with Dick Lewis when work of any kind is commencing in Mansfield. Chairman Ouellette suggested to the commission that a letter be sent to Board of Selectmen requesting that the commission and its agent be notified when work of such kind comes before the board for review. MOTION: To send such memorandum. (O'Heill - Rhoads; all in favor) VOTED CORRESPONDENCE: 1. Copy of correspondence between Folkman and Sanford re replication for Austin Farms. 2. Copies of responses by Hutchins & Trowbridge to town engineer's questions re spillway for Captain Jahn Williams Estates. 3. Letter from Steve Benoit stating intent to begin replication for Capt. John Williams Estates lot 16/17. [Comm. Cauldwell arrived.] WETLANDS PROTECTION ACT HEARING - SE211 -308 Folkman & Zola Builders- -185 Mill Street -- Construction within buffer zone Chairman Ouellette stated that one result of the site walk was the discovery of a 10 -foot discrepancy in the wetland line. The new plan submitted 7 -7 -89 showed the change of wetland line, but the 100 -foot buffer zone line was not modified to coincide with the revised wetland line; a revision date will be added to the new plan. Mr. Folkman was informed that as of 7- 10 -89, the hay bales have not been staked. Abutters have been notified. Mr. & Mrs. Amsden and Mr. McCaffrie, representing Amos Robinson were present as abutters. Mr. Amsden asked what the changes in this lot will do to the situation with his lot, across the street - particularly since he already gets water in his back yard. Comm. Rhoads also expressed interest in where water is stored in the site. Mr. Amsden feels it is a backwater situation. Some volume may be lost as a result of the filling. The flood study predates a great deal of construction; Mr. Amsden cannot get the flood study (FEMA) to match up with the topography on site and is concerned about the potential for flooding in his cellar. Comm. Rhoad indicated that perhaps some compensatory flood storage can be considered for the lot. The abutters expressed a desire to have the property owner present at the hearing. Mr. Folkman emphasized that he doesn't feel that he should be held responsible for solving problems downstream which have resulted from maintenance problems over the years. Comm. Rhoads feels the issue can be addressed via the Orders; Comm. Cauldwell agreed, stating that town maintenance issues are part of the MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 10, 1989 -- PAGE 2 problem. Comm. Poholek, Comm. Owens, and Comm. O'Neill would prefer to see the impact of the flood storage, etc. clarified before the Orders are issued, since the property owner's attitude is unknown. Mr. Folkman requested that the hearing be continued so he can consult with the property owners. MOTION. To continue to 7 -24 -89 at 10:00. (O'Neill - Rhoads; all in favor) VOTED MOTION. Comw, Rhoads suggested communicating with the town's RPN and urging that this area be cleaned out. (Rhoads - O'Neill; all in favor) VOTER WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -287 42 Fredric Lane, Austin Farms MOTION: To continue to 8 -28 -89 7:45 at the request of the applicant. (O'Neill - cauldwell; all in favor) VOTER REQUEST FOR DETERMINATION OF APPLICABILITY (Continuation); Folkman f. Zola Builders- -Lot 22, Sandy Hill Estates -- Grading within buffer Mr. Folkman presented a plan dated 5 -4 -89 which is actually a revised plan without a revision date. Septic system not approved by Board of Health as yet. Hay bales shown on plan. Dick Lewis has looked at the site; wetlands line is accurate. MOTION; Contingent upon the filing of a plan with revision date, to issue a negative 113 determination. (O'Neill - Owens; all in favor) VOTER WETLANDS PROTECTION ACT HEARING - SE211 -307 Improvements to Fulton's Pond Park DEOE has suggested that the Commission review sections 10.54, 10.57, 10.60 of the regulations. Lights were shown on the island; Mr. Jameson explained that the power would be carried to the island overhead. Dick Lewis has spoken with Bruce Sorrie, a biologist for the Natural Heritage Program, about the wildlife habitat regulations. His opinion that one of the banks was so well - established and steep that extensive work should probably be avoided. For the other bank, his thought was to put as much natural, riverside vegetation as possible. The reason for cutting the brush along the bank, according to Mr. Jameson, is to prevent the tree root growth which can lead to erosion by planting juniper. They proposed taking rocks from the river bottom and riprapping the banks. Mr. Mahana asked the commission whether they would permit filling of the isolated land subject to flooding. Chairman Ouellette suggested in some areas some fill would be appropriate, e.g., a 10 -foot area near the wall; other areas could be educational wetland areas. Mr. Mahana also asked about what the commission would permit with regard to the banks. Comm. Rhoads suggested that if the bank is functioning, don't tamper with it. The bank is not proposed to be altered. A finding can be in the orders. Rock placement would be used to stabilize the bank, and Comm. Rhoads doesn't have a problem with this. Comm. Rhoads feels that the area to be altered is a wetland, and is not convinced that there is no hydraulic connection; he is concerned about filling a large MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 10, 1989 -- PAGE 3 l ` area and suggested that the Order can stipulate that areas not to be altered be flagged prior to commencement of the project. MOTrOH: To close the hearing. (O'Neill - Owens; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - Jerrold C. Wood - -223 Franklin St.-- Construction of 2 -car garage MOTION: To continue to 7 -24 -89 at 7:15 at the request of the applicant. f0'Neill - Cauldwell; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -304 Dana Colby - -26 Cavan Crossing The house has been moved about 11 feet closer to the road, which has eliminated a large retaining wall. The plan has not been stamped by a registered engineer. The commission should therefore include in its Order a finding regarding its acceptance of the wetlands line. The applicant will be re- submitting a Form A, which will increase the buildable area of the lot. The plan is not dimensioned correctly and must be re- drawn. MOTION: To continue the hearing until 8 -14 -89 at 7:45 p.m. and require a properly drawn, dimensioned and scaled plan. (Cauldwell - O'Neill; all in favor) VOTED Chairman Ouellette suggested that Dick write a letter to the applicant explaining the situation. CERTIFICATES OF COMPLIANCE 1. Certificate, SE211 -298 - Not completed. No fee has been submitted for the Certificate as yet. MOTION: To deny the Certificate because the work is not satisfactorily completed, and that no certificates will be issued until filing with the Registry has been properly completed. (Rhoads - O'Neill; all in favor) VOTED 2. Certificate, SE211 -250. MOTION: To release the winter closing bond for lot 15. (O'Neill - Owens; all in favor) VOTED MOTION: 'To release lot 19, SE211 -250, (Cauldwell - O'Neill; all in favor) VOTED BENEFIT STREET- -Drain is unplugged, and there is no problem remaining on Benefit St. Dick recommends sending a letter to the owner suggesting that it is his responsibility to keep the drain open. FILING OF ORDERS AT REGISTRY- -Dick will draft a policy memo for discussion. The meeting on 7 -24 -89 will begin at 7:00 p.m. NOTIFICATION OF ABUTTERS- -The commissioners agreed that the hearing should be immediately continued if abutters have not been notified; a note should MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JULY 10, 1989 -- PAGE 4 accompany the hearing notice alerting the representative /applicant to this issue. HOPE STREET- -Comm. CaUldwell questioned staking of hay bales on Hope Street. Also, the area is always wet Until August, except this year. Why? Chairman Ouellette noticed the area drying up as well. Dick will check into this. The meeting adjourned at 11:00. Approved by: (�/tt4,,,v Qq� Date to town clerk: /pf _�_