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HomeMy WebLinkAboutConservation Minutes 6/13/1988MANSF11SLV GVNSI:KVAf1Vq 1. MIDI1S01ULV ;i S' ; �� I I it e,inuaua MONDAY, JUNE 13, 1988 �� ���� % ��3 ' �i PAGE ONE ' Members Present: <Chairman Sweet, Comms.:0'Neili, Ouellette, Rhoads WETLANDS PROTECTION ACT HEARING CONTINUATION: East Wind Estates (SE211 -226) MOTION: To continue the hearing to 7:35 on July 11, per the applicant's request. (0'NEILL - RHOADS; all in favor, Ouellette abstaining) VOTED MINUTES MOTION: To accept the minutes of 5/2/88 as printed. (O'NEILL - OUELLETTE; all in favor, Rhoads abstaining) VOTED MOTION: To accept the minutes of 5/11/88 as corrected. (O'NEILL - OUELLETTE; all in favor, Rhoads abstaining) VOTED MOTION: To accept the minutes of 5/16/88. (O'NEILL - OUELLETTE; all in favor, Rhoads abstaining) VOTED MOTION: To accept the minutes of 5/24/88. (OUELLETTE - :O'NEILL; all in favor, Rhoads abstaining) VOTED MOTION: To accept the minutes of 6/6/88 as corrected. (0'NEILL - OUELLETTE; all in favor), VOTED MOTION: To ratify the action of Commissioner Ouellette in speaking for the commission in the open letter re support of the Prop. 2 1/2 override. ? (0'NEILL; not seconded); Commissioner Ouellette pointed out that the 'Committee was formed for the purpose of advocacy, and therefore the Conservation Commission's appointment of Comm. ;Ouellette to the Committee signified tacit ,approval of the committee's goals Consensus was assumed, though no vote was taken. C WETLAND PROTECTION ACT HEARING CONTINUATION - SE211 -231 Whiteville Pond project Revised plans were presented, dated 12- 9 -87, with p. 2 showing a revision date of 5-26-88, and pages 3 and 4 a revision ;date of s6- 3 -88. Mr. Arthur Borden of Hayward- Boynton and Williams and Mr. Robert Murphy represented the applicants. Mr. Murphy 'explained that he had evaluated the wildlife habitat on the basis of six site visits which ;took place at various temperatures, weather conditions, and time periods. He stated that the animals he observed depended more on the wetlands for food and protection than on the pond. There were no bank animals, because there are no safe banks; the water is not deep enough for ducks or for cold water fish. He explained that if the pond is excavated to the proposed depth of 20 feet, the habitat will be changed, both during construction and after. 'Comm. Rhoads and Dick Lewis explained to the applicant that the presumptions of significance have not necessarily been overcome by the current wildlife habitat study, and that the burden of proof for overcoming such presumptions rests with the applicant. Dick Lewis mentioned that DEQE's Wetlands Report listed some specific criteria to be addressed in a wildlife habitat study, not all of which were covered by Mr. Murphy's report. He also asked about Mr. Murphy's credentials, since DEQE .has listed specifics in this area also. Mr. ° Murphy lresponded that he has been doing this ;type of work since 1976. Comm, Rhoads directed the Commission's attention to the stormwater outlet area, requesting evidence, e,g; by way of peripheral wells, that the pond is higher than ,ground water. In addition, it was noted that the Order should state that the 'dikes are to be replaced at their current elevation. MANSFIELD CONSERVATION COMIIIffSSION MINUTES MONDAY, JUNE 13, 1988 PAGE TWO Concerns arose about potential problems downstream when the pond is de- watered. Some sort of control structure would be necessary. The / applicant's representative stated that nothing ;beyond the culvert has been analyzed. < Also 'mentioned was the need to ensure against groundwater migration, particularly if the material composing the bottom of the pond after the muck is removed is porous. This project will require a Chap. 91 license, and the Army Corps, of Engineers will also probably become involved. The MEPA threshold is exceeded,' and an ENF will be going out within a week or so. An EIR will be necessary before the Chap. '91 permit is issued. MOTION: To continue the hearing to July li at 8 :30 p.m. for the purpose of receiving additional information regarding: y` groundwater regime, additional' permits applied for, presumptions of significance' re wildlife habitat, evaluation of the impact of de- watering on downstream areas, contingency plan for handling major storm event,` and a' checklist of applicable (and non - applicable) DEQE wildlife habitat criteria, for the record. (RHOADS - O'NEILL; all in favor) VOTED WETLANDS PROTECTION ACT HEARING CONTINUATION Richard A. 'Silva - =68 Williams Street The site, according to Mr. Ralph Maloon, does not meet the quarter -acre foot criterion for isolated land subject to flooding;`,' the commission was satisfied on this point.` The area is not in the 100 -year flood zone. / However, Comm. Rhoads noted that the method of calculating the 100 -year flood \ (Q = :CIA) was not that ;specified by DEQE. He advised the applcant to calculate using SCS TR 55 for the input hydrograph, particularly since DEQE had originally intervened in this filing. MOTION: To continue to June 20 at 8 :30. (OUELLETTE - '0'NEILL; all in favor)` VOTED WETLANDS PROTECTION ACT HEARING Home Developers Inca- -180 Branch St., Lot 3A -- Filling and ,grading for construction of a house and subsurface sewage disposal system within the 100 ft. buffer zone. Mr. Ralph Maloon represented the applicant.? Dick Lewis noted that the record should reflect that the letters and verbal notifications which' Mr. Boutas has received regarding restoration of this lot have effected no change on the property.' He also raised a question regarding the accuracy of the original wetland line. According to Mr. Maloon, the wetlands line being proposed at the current hearing is the same delineation which Dr. Carr ,did at least two years ago, with an adjustment as agreed to on a previous site walk. He was not sure whether the Board of Health has approved the plan. Comm. Rhoads advised changing the slope to 3:1 to minimize grading on the southeast corner of the lot. Dick Lewis maintained that the wetlands must be restored before any construction begins. MOTION: To continue the hearing to June 20 at 9:00.' (0'NEILL - RHOADS; all in favor) VOTED j MONDAY, JUNE 13, 1988 PAGE THREE WETLAND PROTECTION ACT HEARING CONTINUATION Ronald Buck- -Lot 2,;Eastbrook Rd. The site walk verified what had been represented on the plan. MOTION: To continue the hearing to June 20 at 9:15. (OINEILL - OUELLETTE; all in favor); VOTED WETLAND PROTECTION ACT HEARING CONTINUATION James Langille - -10 Robinson Court, Lot 11 The site walk verified what had been represented on the plan. MOTION: To continue the hearing to June 20 at 9:20. (O'NEILL - RHOADS; all in favor) VOTED GREEN ACRES DISCUSSION Mr. Ralph Maloon explained that the water main will be installed in the originally proposed location. Comm. Ouellette observed that debris such as carpeting,, refrigerator cartons, etc. had been partially buried on one of the lots. Mr. Maloon explained that Mr. Boutas wants to move the compensation area. Comm. Rhoads suggested that the proposed new location would be upgradient of the discharge area. He suggested possibly using one location for high level storage, and another spot for low level storage, he also SagPSf� (CORDON 000RI -Fes+ p145. JA fWM, MATHEW ESTATES II - DRAINAGE SYSTEM TIE -IN TO MATTHEW ESTATES Mr. Maloon explained that the detention basin in Matthew Estates I would have to be enlarged, necessitating the clearing of a treed area. Dick Lewis proposed eliminating the ,tree clearing by changing the design of the basin, keeping the leaching pipe in, but angling it off into the basin, and dropping t the emergency overflow 1/2 ft. to handle emergencies. He will speak to DEQE about the issue, and Mssrs. Maloon and Trowbridge will work on the calculations. ORDERS OF CONDITIONS MOTION: To issue Orders for SE211 -230 (Blandori) as written by the Agent. (O'NEILL - OUELLETTE; all in favor, Rhoads - present) VOTED NOTION: To issue Orders for SE211 -256 (Smith) as written by the Agent. (O'NEILL - OUELLETTE; all in favor, Rhoads - present) VOTED MOTION: To issue Orders for SE211 -254 and 255 (Brookdale) as written by the Agent. (OUELLETTE - O'NEILL; all in favor, Rhoads present) VOTED CERTIFICATE OF COMPLIANCE MOTION: To release Lot 8, Shiloh Estates, to be accompanied by letter as discussed by the Commission and drafted by Dick Lewis, reiterating that it is incumbent on the builder to file with the commission if work will occur within the 100 -ft. buffer zone. (RHOADS - O'NEILL; all in favor) VOTED The meeting adjourned at 7. Approved byc�\= Date to Town Clerk 1 /pkf