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