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HomeMy WebLinkAboutConservation Minutes 5/9/1989MANSFIELD CONSERVATION COMMISSION MINUTES ! 1 V TUESDAY, MAY 9, 1989 -- PAGE 1 1 h JUL 2 7 i Members Present: Chairman Ouellette, Commissioners O'Neill, Rhoads WIND CHINE POND DISCUSSION Neighborhood residents were present to ask whether the pond had been inspected; Dick has seen it but does not feel qualified to Judge whether the slopes are correct. An as -built plan is being developed and will be submitted to DEQE. Dick's memory is that DEQE had discussed having an irregular bank which would appear more natural; Steve Wright, Carol Moro, and others expressed concerns regarding irregular sloping and dangers to children, since in some areas the walkway is too narrow and the slopes too steep. Chairman Ouellette asked Dick to enlist the help of the subdivision inspector if possible to evaluate the pond. Bob Faretre asked about alternatives to a rather crude drainage ditch /swale area; Chairman Ouellette explained that the plan was approved in 1980, and therefore little can be corrected at this point, even though regulations are different now. [Comm. Smith arrived at this point in the discussion.] Chairman Ouellette requested that Dick discuss with Paul Folkman having the pond kept dry until the slopes (and the safety of the slopes) have been checked. Mr. Wright asked that the inspection include the street drain as well. Comm. O'Neill suggested that the neighbors all call DEQE and express their concerns. He also supported having the Commission send DEQE a letter to the same effect, requesting that the pond be kept dry and informing DEQE that the deadline set in the Enforcement Order has passed. MOTION: That the Commission contact DEQE requesting that they ask the developer not to fill the pond so that the slopes can be determined (with cc to neighborhood representative Moro). (O'Neill - Smith; all in favor) VOTED NOTION: That the Commission meet at 7 :00 p.m. on Monday, May 22, 1989, or on Tuesday, May 30, 1989 if town meeting is held on May 22. (O'Neill - Rhoads; all in favor) VOTED WETLANDS PROTECTION ACT HEARING - SE211 -305 O'Brien &. Mee):5--55 Lancashire Drive (lot 25, Forest Park); 111 York Rd. (lot 9, Forest Park) - -Work within 100 feet of wetlands and flood zone Applicant was not present. MOTION: To continue SE211 -305 until 5 -22 -89 at 9 :00 p.m. (O'Neill - Poholek; all in favor) VOTED [Comm. Rhoads arrived at this point.] WETLANDS PROTECTION ACT HEARING - SE211- DeGirolamo-- Establishing a pasture /hayfields -- Gilbert St. DEQE has requested that Appendix A documentation must be filed before a number will be issued. [Comm. Smith, as an abutter to the property, abstained from the hearing.] Mr. LeFleur, an abutter, was present. Dick recommended installation of wetlands protection devices, perhaps fencing and /or a small swale. One side is noticeably and consistently sloped. Comm. Rhoads indicated that documentation regarding wildlife habitat will be necessary. Abutters will be notified before next hearing date. Chairman Ouellette advised the applicant to work with Dick regarding where the 100 -year flood line falls on the property. The site will be walked an May 15 at 6 :30 p.m. MOTION: To continue the hearing to 9:30 p.m. May 22 (or May 30 if town meeting interferes), (and to the site walk an 5 -15). (O'Neill - Rhoads; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES TUESDAY, MAY 9, 1989 -- PAGE 2 i WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -303 William Ward - -46 York Rd.- -House and grading within buffer zone Commissioners have walked the site. The plan, which now bears a revision date of 4- 26 -89, shows changes in grading and the addition of a retaining wall. The 150 contour will represent the extent of clearing, and a plan will be submitted to that effect. No public comment. NOTION: To close the hearing for SE211 -303. (Rhoads - O'Neill; all in favor) VOTEC WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -304 Dana Colby - -26 Cavan Crossing (Eastleigh Estates) -- dwelling, septic system, grading within buffer zone Mr. Karl Drown will submit an approved Board of Health plan to the Commission. The lot must be 25,000 square feet to be buildable; Dick has calculated the buildable area to be about 22,000 sq. ft. given the re- evaluation of the wetland line. The wetlands line shown on the plan does not agree with what is on the site. Mr. Drown is re -doing the lot and calculations. Chairman Ouellette advised that the Commission send a memo to the building inspector recommending that he evaluate the situation in view of the reduction of the buildable area. Comm. Rhoads suggested that a special condition be included requiring a new Form A plan or a statement from the building inspector showing that the lot has been evaluated. Comm. Rhoads suggested some changes with regard to how the applicant is meeting Title V. NOTION: To continue the hearing to 5 -22 -89 [or 5 -30 -897 at 9:50. (O'Neill - Poholek; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -302 Tifdan Development -- Nelson Way, lot 16 Comm. Rhoads estimates the area of proposed filling at 600 sq. feet. Dick feels that this lot is a tight call. Comm. Rhoads established that Mr. Benoit's purpose in the heari.,; was to get a sense of whether the commission has a problem with altering 600 feet; if it doesn't, he will further develop his plan for the lot. The detention basin will be going in on lot 17. Comm. Rhoads suggested putting more wetlands on lot 17 in that area to compensate for alteration on lot 16. Comm. Rhoads requested a written agreement to that effect, and also advocated very strict limits of work. Chairman Ouellette requested that the plan show the additional wort: on lot 17 at the same time. MOTION: To continue SE211 -302 to 10:05 on 5 -22 -89 (or 5- 30 -89). (O'Neill - Rhoads; all in favor, Smith abstaining) VOTED CERTIFICATES OF COMPLIANCE: SE211 -134, Lot 12. Staters report - The commission is awaiting an official request for an amended order for SE211 -134, and revised calculations, from RIM Engineering. Mr. Pasqualino requested a certificate for lot 12. He was advised that to move things along he must also discuss the changes with the Planning Board. \ SE211 -257 (Dei, Maple St.) - The concensus was that since we are out of the winter season with regard to planting, the wort: should be completed on the site before a certificate is issued. MOTION: To sign the Certificate which shall be issued based on Dick's MANSFIELD CONSERVATION COMMISSION MINUTES TUESDAY, MAY 9, 1989 -- PAGE 3 inspection on or about May 20 if and only is complete prior to that time, and to so (Rhoads - O'Neill; all in favor) SE211 -243 (Texei'ra, Wessel & Thompson St.) - MOTION: To notify the applicant that no Certifica time because work is not complete. (Rhoads - O'Neill; all in favor) if loaming and seeding notify the applicant. VOTED Le will be issued at this VOTED GOLDEN HILL HOMES - BOUNDRY ROAD - SE211 -136 and SE211 -233 The Planning Board has been encouraging completion of work on this site at the same time that the Conservation Commission voted to issue an Enforcement Order prohibiting work on the original order (SE211 -136). A replication plan (done by ERC) has been submitted for lot 8 (SE211 -233). The piles have been removed. NOTION: To rescind the original motion to issue an Enforcement Order for SE211 -136. (Rhoads - O'Neill; all in favor) VOTED MOTION: To issue an extention to SE211 -136 until June 30, 1989, with no further extensions to be granted; a cover letter to applicant explaining that condition. (Rhoads - O'Neill; all in favor) VOTED MOTION: To issue an additional Enforcement Order on SE211 -233 with June 30, 1989 deadline, with work specifications added by Dick. (Rhoads - O'Neill; all in favor) VOTED NEW BUSINESS: 1. June 3 fishing derby to be held by Cub Scouts; request Con. Comm. permission. MOTION: To approve such use of conservation property. (O'Neill - Rhoads; all in favor) VOTED 2. Chairman Ouellette suggested sending a memo to the Town Manager requesting that Conservation Commission be advised of any issues regarding use of Conservation land. MOTION: To send such memo to Town Manager. (Rhoads - Smith; all in favor) VOTED 3. Leak in underground storage tank; GHR has been hired by owner of property to do some testing; they have indicated they will be digging trenches, etc. within a buffer zone. The proposed trench would not reach, the channel. They are requesting permission to begin work under the emergency provisions of the wetlands protection act. Dick feels it is probably in the best interests of the town to give permission to do the work. MOTION: To grant permission to begin work under the Emergency Provisions of the Act, with the stipulation that a Request for Determination of Applicability filed as a follow -up and that the commission be kept advised of the project. (Rhoads - O'Neill; all in favor) VOTED 4. National Lumber has proposed entering into an agreement with the town regarding use and improvement of town -owned property. Parking spaces are also proposed for this piece of property, along with landscaping. Commissioners O'Neill and Rhoads questioned whether- there would be a need to go to town meeting regarding granting use of town -owned land as proposed. MANSFIELD CONSERVATION COMMISSION MINUTES TUESDAY, MAY 9, 1989 -- PAGE 4 Comm. O'Neill had concerns about townspeople's access to the parking area. j He also requested town counsel's opinion. Comm. Rhoads suggested raising the question of the legality of lease /use of town -owned land without town meeting, in the letter the Commission sends to National Lumber; and also the question of whether the proposed parking area is a permitted use in the zoning bylaws governing this area. MOTION: To support the concept presented contingent upon the answers to the questions raised about the legal issues mentioned above. (Rhoads - O'Neill; all in favor) VOTED 5. Fred Conlon, on Ware Street. Fire Chief called to say he was cutting and clearing in wetland areas. House was built without an Order in 1979, with an addition in 1984. Wetlands have been altered, probably over a period of time. Dick will send a letter requesting that he file with the Commission. b. Someone has been cutting on the Conservation Land on Mill Street. Dick will investigate further and send a letter out. 7. Mr. Blandori• has re -Form A'd his lot; Dick will 'request an as -built and ask how much filling took place in the 100 -year flood plain. 8. Henry Rettman, Bird Road. An Enforcement Order has been issued. No one has heard from him. The commission encouraged Dick to coordinate his review with the Board of Health and other agencies in town before going to town counsel about the best approach to achieving compliance. 9. DEQE fee schedules. Dick will provide copies to the commission. Written comments about the proposed fee schedule changes should be submitted to Dick by the beginning of June. 10. Town Meeting articles. Article 33 was postponed to the end of town meeting. The commission should get on record regarding its objections to the job description finally accepted. This item should be placed on the agenda at the next available time. MOTION: To leave the article on the warrant. (O'Neill; not seconded) MOTION: To rescind the previous action of the board and withdraw the article from the warrant. (Poholek - Rhoads; O'Neill -nay; Poholek, Smith, Ouellette -aye) VOTED Article on Weapons Discharge - no position taken. [Comm. O'Neill left the meeting.] Article 40 - no position taken. Article 46 - no position taken. Article 50 - MOTION: To oppose on the basis potential adverse impact on water Protection, which is one of the interests of the Act. (Rhoads - Smith; all in favor) VOTED Article 51 - no position taken. Article 52 - no position taken. Article 55 - flrtbomeNT VaTC.D ; 7xve4 Aoum smbv MOTION: Any study moist include a study of mitigatory actions to protect the well field and water supply. (Rhoads - Poholek; all in favor) VOTED The meeting adjourned at 12:22 a.m.. Approved by: M ,rL!_Qk ,,, A Date to town clerk: -7 -,ZI 87