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HomeMy WebLinkAboutConservation Minutes 5/22/1989t•1ANSFIELD CONSERVATION COMMISSION MINUTES NOW jQ ) : 2 0 �9 MONDAY, MAY 22, 1989 -- PAGE 1 Members Present: Chairman Ouellette, Commissioners O'Neill, Owens; 1o'ho2ek, Rhoads The meeting was called to order at 7 :00 p.m. Discussion of Wind Chime op nd, SE211 -57. According to Chairman Ouellette, the subdivision inspector evaluated the slopes as 'reasonable. Mr. Garen Bresnick and Mr. Folkman were present; Mr. Folkman stated that he has been told by the excavators that the people involved are "fairly satisfied." He has sent an as -built to DEQE. Comm. Rhoads encouraged Mr. Folkman to take steps to ensure that the seed takes this season. Bonding: Comm. Rhoads suggested including Conservation issues in Planning Board bonds, perhaps with language stating that the bond could not be released until a Certificate of Compliance has been issued. Dick will explore this possibility. CERTIFICATES OF COMPLIANCE: SE211 -132, Nissan Motors. MOTION: To issue the Certificate. (O'Neill - Owens; all in favor) VOTED SE211 -159 MOTION: To refrain from issuing the Certificate for the reasons [work not completed] cited by Dick: Lewis. (O'Neill - Rhoads; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - -Halter Crickard - =23 Tanya Dr. -- Construction of gunite swimming pool within buffer zone of wetlands Mr. Crickard was present. The pool will be within 80 feet of a brook; the filter system will be over 100 feet away. The hearing was closed. NOTION: To issue a Negative Det. no. 3. (Rhoads - O'Neill; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY - -Paul Folkman - -lot formerly listed as 185 Mill St.-- Constr. in buffer zone Mr. Folkman proposed a house, garage, rear yard, demolition of foundation, within the buffer zone. Chairman Ouellette asked why such extensive work within the buffer zone was handled via a Request for Determination; Mr. Folkman replied that they prefer to indicate where the siltation controls and work will take place and avoid the more lengthy filing of a Notice of Intent. The consensus was that there so much activity is proposed within the buffer zone that a Notice of Intent would be preferable, since regulation of the work and the area will be necessary. Chairman Ouellette also asked about the location and type of the previous house's septic system. Mr. Amos Robinson, 185 Mill St., was present as an abutter; he noted that approximately 10 years ago, work on the lawn at this site was turned down because it was too close to wetlands. Chairman Ouellette explained that the proposed wort: would be outside of the wetlands, but Mould have to be reviewed by the commission. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 22, 1989 -- PAGE 2 MOTION! To issue a positive Determination no. 3. (O'Neill - Owens; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY Paul Folkman- -Lot 38, Cary Lane (Sandy Hill subdiv.) -- Construction within 100 ft. of wetlands Mr. Folkman explained that a small corner of the house is 95 feet from the wetlands. He presented a revised plan, dated 5 -9 -89, which will be submitted to the Commission and to DEQE. Comm. Rhoads is a strong advocate of dry wells for roof leaders for this subdivision; it was discussed originally with Mr. Corbett of Keith Development. Mr. Folkman is not in favor of this. explained that he questioned how well the sheet flow had been Comm. Rhoads included in the storm drainage calculations, and including dry wells would insure greater recharge. Details can be worked out with Dick. The hearing was closed. MOTION: To issue a negative determination no. 3, Providing the recharge issue is worked out with Dick Lewis, and the wort; is completed according to the plan dated 5 -9 -88. (Rhoads - O'Neill; all in favor) VOTED REQUEST FOR DETERMINATION OF APPLICABILITY- -Paul Folkman - -7 lots near Beaumont's Pond -- Construction of a 25 -lot subdivision in Mansfield /Foxboro Mr. Folkman introduced Bill Buckley Sr. and Bill Buckley dr. of Bay Colony Surveying, who did drainage /civil engineering; Greg Andrew of Sanford Ecological Services, who designed the pre - treatment marsh; Garen Bresnick, attorney. A 78- acre Parcel, 25 -lot subdivision, bordered by Old Maple St. in Mansfield, and Summer St. in Foxboro. Nineteen lots in Foxboro, seven in Mansfield. Site formerly mined as a gravel pit. Both towns expressed concern about the Potential impact to water quality. The entire site is in the Canoe River watershed; Beaumont's Pond is fed by the Canoe River. Mr. Andrew looked at nutrient loading of the pond, and the potential increase in the rate of eut'rophication of the pond. Nutrient loading: septic and lawn, surface runoff; formulas developed for use on the Cape were used, because of similarity of soil types. Very little mitigation possible from septic system and lawns; mitigation primarily in area of surface runoff (vegative strips, erosion control, pre- treatment marsh). State water quality standards for class A surface waters were used as the standard with regard to nitrate concentration; an increase was calculated at .5 parts per million post - development (10 parts Per million is the standard). Calculations were made dependent upon and including the mitigation measures discussed above. Beaumont's Pond currently considered at a mesot'rophic state currently; calculations do not predict any change in this state as a result of this project. (Phosphorus concentrations of .di -.02 indicate mesotrophic system; pre -devt. level: .015; post -devt. level: .017) Mr. Folkman indicated a preference not to work with two Orders of Conditions. Foxboro will be issuing a lengthy Order. Except for the water supply issues, the other activity and potential impact is not within the jurisdiction of the commission. Comm. oads's questions, satisfied. centering on potential downstream flooding, were MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 22, 1989 -- PAGE 3 Mike Powers, acting as Commission's consultant, noted that there was very little site - specific data. Empirical rules of thumb were relied upon. Not all methods of figuring are consistent. The site actually falls within the zone 2 delineation. 102 bedrooms are proposed, which turns out to be about 17000 square feet per bedroom; 20000 sq. ft. has been recommended. The nitrate flow is 326 pounds per year as is; that would more than double after development. Not addressed are the things hard to quantify: other chemicals going through the system, within the home; it this is a zone 2 area, consideration must be given to avoidance of potential problems. Overview: they have addressed the issues, used conservative figures, density of site is not excessively high, but flirting with good judgment - some communities would be down to 90 bedrooms rather than the 102 proposed. Chairman Ouellette raised the issue of underground storage of fuels, dumping of hazardous chemicals into septic systems, etc. Mr. Folkman advised the commission that Mr. Bresnick could include such concerns in homeowner's association document which he is preparing. (The homeowners' assn. will be doing water quality testing twice a year - -no reporting agency, just a private matter.) The commission felt that a water quality monitoring program would be necessary. NOTION: To issue a negative determination no. 1, including a letter to Foxboro Conservation Commission requesting conditions to be included with regard to inclusions in Homeowner's Assn.: limiting of fuel to natural gas if possible, ban on underground storage of fuels, no salt or reduced salt zone, water quality testing program with cc to Foxboro Con. Comm. and Pd. of Health, and Mansfield Con Comm. (Rhoads - Owens; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION- -SE211 -305 O'Brien & Meeks- -Lot 25 and lot 91 Lancashire Dr. (Forest Park) Mike Trowbridge presented plan. Lot 25: House, grading, septic system within buffer zone, Dry wells are proposed. Hay bales are shown on plan. Dick has not viewed site. Wetland line was previously delineated by Sanford. Comm. Rhoads: any reason not to move the limit of clearing away from wetlands? Mr. Trowbridge was trying to be realistic about the back yard people will be happy with. Reducing the lawn may be worth including in the orders. Lot 9: Septic system outside the buffer; dry well (DW6) at rear of house and grading are in buffer zone; Mike has no objection to pulling limit of clearing and grading in at the back of the house. Site will be walked Tuesday, May 30 at 6:45. MOTION: To continue to site walk and then to 5 -30 -89 at 9:15. (O'Neill - Rhoads; all in favor) VOTED MANSFIELD CONSERVATION COMPASSION MINUTES j MONDAY, MAY 22, 1989 -- PAGE 4 WETLANDS PROTECTION ACT HEARING CONTINUATION- -SE211 DeGirolamo-- Gilbert St. Mr. DeGirolamo questioned what would happen to his lot as the Wading River continues to get choked off between Balcom St. and his Gilbert St. lot, He is interested in moving the process along. Hay bales are in place. Comm, has no objection to removing rocks, providing most work is done by hand, in order not to miss growing season for purposes of revegetation, Ted Burns, 169 Gilbert, is interested in Mr. DeGirolamo's definition of pasture/hay field. He explained that until he moves to the site, there will be no animals there, then maybe two COWS. NOTION: To continue hearing to 6-12 -89 at 8 :75. (O'Neill - Owens; all in flavor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION- -SE211 -374 Dana Colby - -26 Cavan Crossing Dick walked the site with Karl Drown; revisions are still in process. MOTION: To continue to 6 -12 -89 at 8:37, (O'Neill - Rhoads; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONIINUATION--SE211-30v Tifdan Devt, -- Nelson Way, lot 16 Compensation is on lot 17; Mr. Benoit will be going for a variance from the setback requirement, to maximize the septic system distance from the wetlands. Comm, Rhoads suggested requiring a larger compensation area, because of the need for machinery. This could be included in the Orders, as could the proviso that the plan is only valid if the variance is granted. Replication plan for lot 17 including species etc. will be required. Replication for lot 16 will be added to the east of the existing wetland and stormwater detention basin. New plan Presented revised 5- 22 -89. The hearing was closed on 5- 22 -89, BIRD ROAD- -Dick: and Scott Leite inspected the site; Scott will send letter indicating that legal counsel will be consulted if no response is forthcoming. NOTION: To send another letter to Mr. Rettman requiring compliance, (Owens - O'Neill; all in favor) VOTED CUTTING OF TREES ON MILL ST. - -An individual called suggesting that a multitude of families had been involved in cutting, and that no live trees had been cut, but only trees downed in hurricane, etc. He was informed that if he wanted to cut, a letter requesting permission should be sent to the commission. Liability issues are raised by this situation. Hold - harmless indemnification could be signed by parties involved. ZAYRE HAZARDOUS WASTE SPILL - -The process of evaluation continues, based on the finding of some contaminated soil. I MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MAY 22, 1989 -- PAGE 5 POLICY VIS -A -VIS PERC TESTS WITHIN THE BUFFER ZONE- -Comm , Rhoads labeled this Wetland line Judgment case; when a large amount of testing in the periphery or along the is proposed, a prudent engineer would recommend talking commission. Discussion can cover most situations of this type, to the Testing should be coordinated with Dick, who will draft a policy letter to engineers on this issue. CRITERIA FOR REQUESTS FOR DETERMINATION VS. NOTICES OF INTENT- -Dic;, would like to be able to advise people as well is that if an RFD is to he successfu as Possible. Comm. Rhoads's attitude he has done all he could l, the applicant must demonstrate that to minimize activity, mist demonstrate why a Request has been filed instead of a Notice. ellet ±e requested Ouellette written criteria from board members be given Chairman Dick; Ou collate them, and propose policy changes, will summarize and SHORTENING THE MEETINGS- -She also requested that problems seen around town be committed to writing before the meeting and given to Dick, and that commissioners stay in touch with Dick between meetings. ORDERS OF CONDITION SE211 -303, Ward. MOTION: To issue Orders as Proposed. (O'Neill - Rhoads; all in favor) VOTED DEQE PROPOSED FEES— Written comments date to Dick on 5- 30 -8q, SHELL PIPELINE- -Dicl, discussed this phone; he will issue with Elizabeth Kouloheras on the the line manage follow UP in writing. David Risch says Foxboro works with r /project supervisor on a project by project basis, without filing. Rapport is maintained. DICK'S VACATION SCHEDULE: Dick will not be present last meeting in June ('36th }; will be out the week of July .3rd, LION'S CLUB PROJECT - -Dick has prepared a Notice of Intent for the wort: on Fulton's Pond; Chairman Ouellette will be speaking to their group t❑ explain the regulations. The meeting adjourned at 11 :8. Approved by: O- /Pf _- Q`" �y /} n Date to tan clerk: